scholarly journals On the right of a citizen of Russia to a state old-age pension ahead of schedule (according to work experience)

Author(s):  
В.А. Винокуров

Статья посвящена возможности реализации права граждан Российской Федерации на получение государственной пенсии по старости досрочно (на 2 года ранее установленного возраста) по трудовому стажу, который должен составлять 42 года и 37 лет (соответственно для мужчин и женщин). Рассмотрены проблемы, связанные с зачетом в страховой стаж периода прохождения военной службы в рядах Вооруженных Сил СССР и Вооруженных Сил Российской Федерации. В результате проведенного анализа представлено авторское толкование норм Федерального закона «О страховых пенсиях», позволяющее включать время службы в армии и на флоте, а также в других войсках и воинских формированиях в периоды, которые засчитываются в страховой стаж. Однако в целях соблюдения принципов всеобщности, справедливости и солидарности поколений, на которых должна формироваться система пенсионного обеспечения граждан, а также однозначного понимания требований норм федерального законодательства в статье сформулировано предложение по внесению изменений в Федеральный закон «О страховых пенсиях». The article is devoted to the possibility of implementing the right of citizens of the Russian Federation to receive a state old-age pension up to 2 years earlier than the established age for work experience, which should be 42 years and 37 years (for men and women, respectively). The article deals with the problems related to the offset of the period of military service in the armed Forces of the USSR and the Armed Forces of the Russian Federation in the insurance period. As a result of the analysis, the author's interpretation of the norms of the Federal law “On insurance pensions” is presented, which allows including the time of service in the army and Navy, as well as in other troops and military formations in the periods that are counted in the insurance experience. However, in order to comply with the principles of generality, justice and solidarity of generations, on which the system of pension provision for citizens should be formed, as well as an unambiguous understanding of the requirements of Federal legislation, the article contains a proposal to amend the Federal law “On insurance pensions”.

Author(s):  
Sergey Aleksandrovich Kuzmin ◽  
◽  
Lyubov Kuzminichna Grigorieva ◽  
Margarita Vadimovna Mirzaeva ◽  
◽  
...  

In the context of the reform of the Armed Forces of the Russian Federation and a significant increase in the proportion of military personnel doing military service under contract, the issues of manning the troops with healthy, physically developed citizens with high moral and business qualities are of paramount importance. Of particular importance in the selection of candidates for military service under the contract is the conduct of laboratory and instrumental studies, professional and psychological selection, determination of the level of citizens’ physical fitness. The Federal Law «On Military Duty and Military Service» defines a two-stage system for medical examination of citizens entering military service under contract, which is necessary as a barrier in order to prevent citizenswho do not meet the necessary requirements for military personnel from entering the Russian Armed Forces. At the first stage (preliminary examination), the military and medical examination of citizens was carried out by specialist doctors working in medical organizations of the outpatient-polyclinic link of municipalities at the place of citizens’ permanent residence. Medical specialists of the regular military medical commission of the military commissariat of the constituent entity of the Russian Federation participated in the second stage (final examination) of the military medical examination. During the five-year period under study, 5,133 citizens (72.9 %) were selected out of 7,043 candidates for military service under contract, who fully met all the criteria for defenders of the Fatherland.


Author(s):  
Valentina Karginova Gubinova

Restriction of the rights of citizens is one of the tools to achieve national security of the territory. This work is aimed at analyzing the readiness of citizens to limit their rights to ensure economic security and taking into account this readiness by the authorities. As an object, the right to receive insurance old-age pension in the Russian Federation was chosen. The choice of this right is due to the demographic aging of the population in all macro-regions of the world and the almost universal increase in the retirement age. The main sources of data were statistical databases of the Federal State Statistics Service of the Russian Federation, as well as the results of sociological surveys conducted by public opinion centers and the Institute of Economics of the Karelian Research Center of the Russian Academy of Sciences. Data analysis was carried out using the case study method and econometric methods, in particular, panel and correlation analysis. The study showed that the willingness of a significant proportion of Russians to limit civil rights does not extend to the right to receive an old-age insurance pension. At the same time, the authorities poorly took into account the unreadiness of citizens to raise the retirement age. At the same time, the advantages and disadvantages of limiting the right to insurance old-age pensions make the formation of a “smart security” model for the territory, which involves a combination of soft and hard forces, topical.


Author(s):  
Anastasiya S. Kazitskaya ◽  
Oleg I. Bondarev ◽  
Maria S. Bugaeva ◽  
Anna G. Zhukova ◽  
Tatyana K. Yadykina

Introduction. The combined impact of unfavorable factors of the production environment in miners leads to the development of associated pathology of the bronchopulmonary and cardiovascular systems, the predisposition to which depends on the individual susceptibility of the body. In this regard, it is important to comprehensively study the pathogenetic mechanisms underlying the formation and course of occupational and work-related diseases for a personalized approach to the diagnosis, prevention and therapy of this pathology. The purpose of this study was to study the mechanisms of damage to the cardiovascular system in miners with dust lung pathology on the basis of morphological and genetic studies. Materials and methods. For genetic studies, venous blood drawing was conducted in 190 Kuzbass miners. The main group included 126 miners of the main professions with the previously proven diagnosis "dust lung pathology", the comparison group consisted of 64 workers without a proven diagnosis working in similar sanitary and hygienic conditions. Morphometric studies were carried out using autopsy material obtained during 80 forensic medical examinations of miners in the Kemerovo region. All the miners were divided into 4 groups depending on their underground work experience. The control group was formed from 20 cases of forensic medical examinations of men who died in road accidents and did not have organ pathology according to the results of autopsies. Results. The study of the autopsy material revealed the presence of morphostructural changes in the vascular walls of the miners’ hearts in the form of hypertrophy of the smooth muscle cells of the medial layers, thickening of the endothelial lining, and the development of fibroplastic changes in the perivascular zones. These changes began to form from the first years of work in the underground conditions and progressed with increasing work experience contributing to the "recalibration" of the heart vessels with the formation of the lumen "obstruction". One of the mechanisms of endothelial damage in miners was a change in the expression of the EDN1 gene, which regulates the synthesis of endothelin-1. The risk and resistance genotypes of the development of dust lung pathology for the rs5370 polymorphism of the EDN1 gene were identified. Morphostructural rearrangement of the endothelium in the combination with its pathological activation contributed to the occurrence of endothelial dysfunction in miners. Conclusions. The conducted studies of the parameters of the vascular endothelium indicate its key role in the pathogenesis of bronchopulmonary and cardiovascular pathology in miners of the main professions. Getting into the body of workers, particles of coal-rock dust lead to morphostructural rearrangement of the cells of the endothelial layer and its pathological activation. The contribution of molecular and genetic mechanisms to the development of occupational lung pathology and associated diseases of the circulatory system in miners is revealed. Ethics. The studies were carried out in compliance with the ethical standards of the Bioethical Committee of the Research Institute for Complex Problems of Hygiene and Occupational Diseases, elaborated on the basis of the Helsinki Declaration of the World Medical Association "Ethical Principles for Conducting Human Scientific Medical Research" as amended in 2013 and the "Rules of Clinical Practice in the Russian Federation" approved by the Order of the Ministry of Health of the Russian Federation No. 266 dated 19.06.2003. All workers were informed about their participation in the molecular-genetic study and gave written consent to carry it out. The research of the dead miners was based on the secondary examination of blocks and ready-made histological micro-preparations of the material of the Bureau for Forensic Medical Expert Examination of the cities of Novokuznetsk, Osinniki, and Prokopyevsk. The study of pathomorphological material was carried out in accordance with the Federal Law of 21.11.2011, No. 323-FZ "On the Fundamentals of Health Protection of Citizens in the Russian Federation", in particular, with Article 67 "Carrying out pathological and anatomical autopsies", Federal Law of 12.01.1996, No. 8-FZ "On burial and funeral business" (Article 5, paragraphs 1, 2), as well as on the basis of the Order of the Ministry of Health of April 29, 1994, No. 82 "On the procedure for conducting pathological and anatomical autopsy" (Annex to the Order of the Ministry of Health and Medical Industry of 29.04.1994 No. 82), the Order of the Ministry of Health of Russia of 24.03.2016. No. 179n "On the rules for conducting pathological and anatomical examinations".


2005 ◽  
Vol 54 (1) ◽  
pp. 122-131
Author(s):  
Y. V. Tsvelev ◽  
V. G. Abashin ◽  
V. F. Bezhenar'

The reform of the Armed Forces of the Russian Federation (RF Armed Forces) in the current unfavorable demographic situation is accompanied by the involvement of a significant number of women in all types and branches of the armed forces in various positions associated mainly with the specialties of military humanitarian, medical, engineering, legal and other profiles.


Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.


Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation


Author(s):  
B.V. Ivanov ◽  
S.V. Kristalinskaya ◽  
E.A. Gladysheva ◽  
D.A. Dobrynin

The article presents the results of the analysis of the indicators of the competitions of grants of the President of the Russian Federation held in 2020 for state support of young Russian scientists and competitive selection for receiving personal scholarships named after J.I. Alferov for young scientists in the field of physics and nanotechnology: generalized data on the number of publications of winners, distribution of participants and winners by research areas, federal districts, regions, departments and organizations.


2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova

Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.


2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.


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