Half-Hearted Inception, Miserable Existence, and the Untimely Death of the Bloggers' Register in Russia

2019 ◽  
Vol 52 (1) ◽  
pp. 61-75
Author(s):  
Oleg Soldatov
Keyword(s):  
Russian Federation ◽  
Regulatory Agency ◽  
Hate Speech ◽  
The Internet ◽  
Federal Law ◽  
Untimely Death ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Internet Community ◽  
Compulsory Registration

The Russian Federation joins a list of countries where violence and terrorism often have a religious and an ethnic basis, and where the authorities seek ways to deal with the issue of online hate speech. In this context, in May 2014 the Russian Parliament enacted Federal Law No 97-FZ (the Bloggers’ Law). This legislation required the compulsory registration of all popular bloggers with the country's internet regulatory agency, Roskomnadzor, thereby forcing the disclosure of their real identities. The Bloggers’ Law has been widely criticised, however, and although the internet community is still engaged in a heated discussion over whether there exists a legal right to online anonymity, the law made anonymous blogging in Russia a daunting undertaking. The Bloggers’ Law was repealed in the second half of 2017, and updating of the ‘Bloggers’ Register’ ceased. This article attempts to (i) analyse the context and the reasoning behind the introduction of the Bloggers’ Register; (ii) disentangle the relevant legal provisions; and (iii) assess its effectiveness, drawing conclusions based on events in the Russian blogosphere during the period 2014–17.

scholarly journals PROBLEMS OF ENFORCEMENT OF CERTAIN LEGAL PROVISIONS IN TRANSPLANTOLOGICAL PRACTICE AND SOLUTION APPROACHES

2016 ◽  
Vol 18 (3) ◽  
pp. 6-15 ◽  
Author(s):  
S. V. Gautier ◽  
S. M. Khomyakov
Keyword(s):  
Organ Transplantation ◽  
Russian Federation ◽  
Federal Law ◽  
Law System ◽  
Legal Provisions ◽  
Information Law ◽  
The Russian Federation ◽  
The Government

Aim. To carry out the analysis of enforcement of regulatory legal acts in transplantological practice, to specify the existing gaps and collisions in them, and to offer approaches for its elimination. Materials and methods. The legislation of the Russian Federation in the fi eld of donation and organ transplantation and(or) tissues (an information law system «Garant»). Archive of addresses to the chief transplantologist of the Russian Ministry of Healthcare concerning application of certain precepts of law in transplantology since 2009 till present. Results. Legislative and subordinate acts relating to the area of donation and organ transplantation and(or) tissues are studied; addresses to transplantologies regarding application of certain law precepts are analyzed. Conclusion. Legislative and subordinate acts in force in the fi eld of donation and organ transplantation and(or) tissues contain gaps and collisions which interfere with the work and development of the industry. With respect thereto, it is reasonable to make amendments eliminating legal defects to a number of regulatory legal acts: to the Federal law No. 323-FZ, to the Act of the Russian Federation No. 4180-I, to the Resolutions of the Government of the Russian Federation No. 291 and No. 294, to the Orders of the Ministry of Healthcare of the Russian Federation No. 567n, No. 307n/4, No. 355n. 

scholarly journals Detection of citizens’ communications on the Internet that require a response as a new form of administrative activity

2021 ◽  
pp. 1-14
Author(s):  
Artem Vladimirovich Mazein
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The Internet ◽  
Response Analysis ◽  
Incident Management ◽  
Federal Law ◽  
Internet Resources ◽  
The Russian Federation ◽  
The Government ◽  
Number Of Publications

This article examines the legal regulation of detection of citizens’ communications on the Internet s that require a response from the government authorities. The relevance is substantiated by the increase in the number of publications on Internet that require a response, as well as by the fact that the corresponding legal relations are not regulated by the Federal Law “On the Procedure for Considering Appeals of the Citizens of the Russian Federation". Since such form of administrative activity obtained a wide circulation in 2020 and needs further research, analysis is conducted on the practice of legal regulation of the indicated questions. The author concludes that the legal acts of all constituent entities of the Russian Federation on this question are similar: they determine the procedure for detection of information that requires a response, its processing, and posting the results of consideration. Analysis is performed on the structure of the subjects engaged in this administrative activity; emphasis is placed on the involvement of nongovernmental organizations in this process. In the conditions of digitalization of administrative activity, many regions utilize the automated Incident Management System to facilitate coordination of all citizens’ communications that require a response. It is noted that the Regional Management Centers have been established for improving the process of detection of citizens’ communications that require a response. Analysis of the system of such relations between the government and the citizens allows continuing research on the problematic issues of working with the Internet resources – falsity of information, anonymous publications, need for immediate response, etc.

LEGAL REGULATION OF ELECTION CAMPAIGNING IN THE INTERNET INFORMATION AND COMMUNICATION NETWORK

2021 ◽  
pp. 49-54
Author(s):  
Anton K. Kuznetsov
Keyword(s):  
Communication Network ◽  
Public Relations ◽  
Russian Federation ◽  
Information Technologies ◽  
New Technologies ◽  
Legal Regulation ◽  
The Internet ◽  
Federal Law ◽  
Information And Communication ◽  
The Russian Federation

The relevance of the topic under study is due to the wide penetration of new technologies in all spheres of public relations. Due to its special situation, the electoral process is the most susceptible not only to the introduction of modern technologies, but to a greater use of the information and communication network "Internet" as well. Adaption of the electoral legislation to the requirements of the time appears to be important. The present study is aimed at a comprehensive analysis of the Russian legislation regulating the issues of election campaigning in the information and communication network "Internet". The article analyzes Federal Law № 43-FZ dated March 9, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation", Federal Law №67-FZ dated June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of the Russian Federation Citizens", Federal Law № 149-FZ dated July 27, 2006 "On Information, Information Technologies and Information Protection", Federal Law № 20-FZ dated February 22, 2014 "On Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation". Amendments to the legislation regarding regulation of election campaigning in the Internet are considered as a timely and adequate response to the growth of Internet use for campaigning purposes. Election commissions have additional rights to prevent dissemination of campaign materials and information in the Internet that do not meet the requirements of the electoral legislation. Concerning these appeals, election commissions can contact the Federal Service for Supervision of Communications, Information Technology and Mass Media. Attention is drawn to possible difficulties in new legislation enforcement, such as additional resources, professional skills in tracking, identifying and documenting violations.

scholarly journals HOLDING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY: CRIMINAL LAW ASPECT

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 108-120
Author(s):  
Валерий Анатольевич НОВИКОВ
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Scientific Publications ◽  
Legal Provisions ◽  
The Status ◽  
The Russian Federation

The paper discusses the most pressing issues of criminal responsibility for holding the highest position in the criminal hierarchy. Liability for such an act was introduced by Federal Law No. 46-FZ of April 1, 2019 by supplementing the Criminal Code of the Russian Federation with Article 210¹. In order to characterize the constituent elements of this crime, the legislator used the concepts of «criminal hierarchy» and «the highest position in the criminal hierarchy» that are not defined in the current normative legal acts, which makes it difficult to apply the considered criminal law norm. Some scientific publications note that the introduction of criminal liability for a person occupying the highest position in the criminal hierarchy is not in agreement with Article 8 of the Criminal Code of the Russian Federation, which, as the sole basis of responsibility, specifies a socially dangerous act containing all the elements of a crime and not the status of a person in the criminal world. Purpose: based on modern scientific concepts and judicial practice, a comparative study of national legislation with similar legal provisions of other states, to interpret the concepts in question and, on that basis, to define the range of socially dangerous acts, which may be incriminated against a person prosecuted under Article 210¹ of the Criminal Code of the Russian Federation. Methods: methods of analysis and synthesis, generalization, comparative legal, formal logical, legal dogmatic and other methods of scientific knowledge are used. Results: on the basis of the study, the author concludes that not the status of a criminal leader itself, but the administrative activity due to the highest position in the criminal environment to streamline organized crime in freedom and in places of execution of punishments constitutes grounds for responsibility under Article 210¹ of the Criminal Code of the Russian Federation. There is also an indicative list of persons to be considered as perpetrators of offences under Part 4 of Article 210 and Article 210¹ of the Criminal Code of the Russian Federation.

scholarly journals On current changes in the legislation on the state civil service in the part concerning the consideration of individual service disputes

2021 ◽  
Vol 2 ◽  
pp. 46-48
Author(s):  
A.G. Gurinovich ◽  
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
The State ◽  
Federal Law ◽  
Judicial Practice ◽  
Legal Provisions ◽  
European Experience ◽  
The Russian Federation ◽  
Individual Service ◽  
Special Order

The article, from the standpoint of legal expediency and significance, examines the changes introduced in 2020 to Article 70 of the Federal Law ‘On the State Civil Service of the Russian Federation’ including in order to minimize appeals of civil servants to the courts. The reasons for the introduction of these changes were investigated, the content of the new legal provisions was thoroughly analyzed, reasoned assessments of the latest decisions of the highest courts concerning such disputes were given, recommendations were formulated and substantiated for revising the long-established judicial practice of considering cases related to individual service disputes within the framework of civil procedural legislation in favor of special order, taking into account domestic realities and European experience.

scholarly journals Retail Investment Financing Via Remote Digital Computer Algorithm

Legal Concept ◽  
2021 ◽  
pp. 150-158
Author(s):  
Denis Matytsin
Keyword(s):  
Russian Federation ◽  
Digital Computer ◽  
Civil Code ◽  
The Internet ◽  
Federal Law ◽  
Scientific Methods ◽  
Investment Financing ◽  
Wide Range ◽  
General Scientific ◽  
The Russian Federation

Introduction: in the paper, the author examines the activities of the Russian legislators on the formation of the legal regulation of the investment segment of the economy in order to identify their mistakes and shortcomings, as well as to justify the recommendations for fixing viable legal structures in the legislation. Such legitimate structures could be used by a wide range of individual investors-individuals – as part of their decision to diversify monetary investments in order to increase household savings for a period of 1 year or more. Methodology: the digital computer algorithms of inter-network interaction for placement and attraction of investments, their speed and independence from distance are perceived by entrepreneurs with great hope for success and attract more and more attention from investors. According to the author of the paper, by 2024, the financial digital technologies can replace up to 38% of traditional banking and payment transactions, up to 32% of insurance transactions, transactions for financing foreign trade transactions, and transactions for asset management. Based on the materialist worldview, the universal method of historical materialism, the author used the general scientific and specific scientific methods for the study, which made it possible to implement a systematic approach to the subject of research. The general scientific methods of cognition are applied: the dialectical, hypothetical-deductive methods, generalization, induction and deduction, analysis and synthesis, empirical description. The research also uses the specific scientific methods: dogmatic, comparative-legal, hermeneutic, structural-functional, etc. The scientific development of the material is carried out on the basis of a set of normative and doctrinal sources. The paper uses the federal laws and other normative acts of the Russian Federation. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation”, Draft Federal Law No. 419090-7 “On Alternative Methods of Attracting Investments (Crowdfunding)”, and certain provisions of the Civil Code of the Russian Federation were studied. Draft Law No. 419059-7 “On Digital Financial Assets” of March 20, 2018, and Federal Law No. 34-FZ of March 18, 2019 “On Amendments to Parts One, Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation” were critically analyzed. The doctrinal sources are represented by the scientific publications of the Russian legal scholars and economists, including: A.O. Inshakova, A.E. Kalinina, A.I. Goncharov, M.V. Goncharova, O.P. Kazachenok, E.E. Frolova, etc. Results: the Internet investing provides an opportunity to obtain funding for the implementation of a publicly announced project relatively quickly and without bureaucratization. The absence of the geographical and distance restrictions is a special advantage of investing on the Internet platforms, compared to other tools for raising capital from a wide range of investors, including individuals. This remote Internet algorithm for retail investment financing allows you to attract capital at a price that corresponds to the profitability of projects and, as a rule, is lower than the average bank interest rate for a loan. Conclusions: the conclusions and assessments on the content of the new Russian legislation are formulated. Based on the critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of a special algorithm for remote investments from a wide range of subjects, as well as the tools for remote interaction of investors and investment organizers in the Internet space of modern Russia.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

THE CONTROL FOR THE ACTIVITIES OF RELIGIOUS ORGANIZATIONS IN THE RUSSIAN FEDERATION

2020 ◽  
Author(s):  
Natal'ya Mihaylenko ◽  
Elena Bondar'
Keyword(s):  
Russian Federation ◽  
Religious Organizations ◽  
Federal Law ◽  
Freedom Of Conscience ◽  
Religious Associations ◽  
The Russian Federation

This article analyzes the concept of control over the activities of religious organizations. The authors focus on certain provisions of the Federal Law “On Freedom of Conscience and on Religious Associations”, for example, one of which contains the following subject of control — the conformity of the activities of religious associations with their statutory goals.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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