scholarly journals Labour migration: Legal means of regulation in the context of contemporary challenges

2021 ◽  
Vol 125 ◽  
pp. 06002
Author(s):  
Ludmila Vasilievna Andrichenko ◽  
Inna Vladimirovna Plyugina
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Significant Proportion ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Control Measures ◽  
Labour Migration ◽  
Foreign Nationals ◽  
The Russian Federation

For a long time, the Russian Federation has been one of the world’s leaders in terms of the number of international migrants, a significant proportion of which are labour migrants. This required the development of a legal framework that would make it possible, on the one hand, to ensure the security of the state and the host society, create conditions for a prompt and flexible response to the situation in the labour market, and, on the other hand, protect the rights and freedoms of foreign nationals working in Russia, and create an attractive migration climate. The article highlights the current developments in the statutory regulation of labour migration, the legal means used to respond to modern challenges and formulates the major problems facing government bodies. Purpose: on the basis of an analysis of the development of the migration legislation of the Russian Federation, to identify the features of the regulation of labour migration and determine the areas of modernisation of the legal framework in that field. Basic methods: formal-logical, system-structural, special-legal, comparative-legal; content analysis, etc. Results: by evaluating the dynamics of legal regulation of labour migration in the Russian Federation in recent decades, the following features can be distinguished: detailed and differentiated legal status of various categories of foreign nationals involved in labour activities in Russia; the focus of legislation on the use of flexible mechanisms for foreign labour intake, which presuppose taking into account professional qualities and the level of qualifications; increased role of supranational regulators in the legal regulation of migration relations (CIS, EAEU, etc.); introduction of the technological advance achievements into the public administration mechanism which made it possible to improve control measures and migration registration etc. The developed legal means for regulating migration processes need interval updating in order to ensure an adequate response to changes in political, social, economic and other conditions, effective impact on the migration situation by taking into account the purpose and intent of the state migration policy.

scholarly journals State and the Cossacks: On the Way to Public Service

2019 ◽  
pp. 164-172
Author(s):  
German Macievskiy
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
System Analysis ◽  
Legal Framework ◽  
The State ◽  
State Structure ◽  
State Register ◽  
The Russian Federation ◽  
The Government

Introduction. To date, members of the Cossack societies that have taken on the obligation to perform public service are involved in ensuring public order, protecting the state border and the environment and other activities. This study is devoted to the policy of the state aimed at transforming the revived Cossacks from their unpredictable social movement into a controlled part of the state structure. Methods and materials. The main sources for preparing the article were documents from the collections of acts of the President and Government of the Russian Federation, collections of the legislation of the Russian Federation, as well as the Order of the Government of the Russian Federation on the problems of the Cossacks and documents on their implementation stored in the State Archives of the Russian Federation. The methodological basis of the study was the principles of historicity, objectivity and system. Analysis. The study analyzes the chronology of events, the search for forms of the Cossack civil service, and interaction with various branches of the government. Results. The study concludes that between 1994 and 1998 the state sought and formalized the legal status of the Cossacks as a state structure bringing it into the state register of Cossack societies in the Russian Federation for state and other service. In addition, a legal framework was created for organizational and economic support of the Cossack societies included in the state register. By 1998, 10 Cossack Host societies, 5 Cossack divisions, 2 Cossack districts and 2 Cossack urban societies (Moscow and Saint Petersburg) had entered the state register.

scholarly journals The Institute of the Ombudsman for the Rights of Indigenous Peoples in the Constituent Entities of the Russian Federation: Main Directions for Improvement

2019 ◽  
pp. 63-70
Author(s):  
О. V. Kolesnikova
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Russian Federation ◽  
Legal Status ◽  
Practical Importance ◽  
Legal Framework ◽  
The State ◽  
The Russian Federation ◽  
Regional Budgets ◽  
Rule Making

The paper has investigated the human rights activities of the State authorities of the constituent entities of the Russian Federation in the context of small indigenous peoples as persons having constitutional and legal status and a higher level of guarantees than ordinary citizens have because of their paucity. The author questions the independence of local laws from the State authorities of the constituent entities of Russian Federation using comparative analysis of regional laws of the Republics of Buryatia, Sakha (Yakutia), Kamchatka and Krasnoyarsk Regions with regard to appointment of ombudsmen to their offices, remuneration and financial support from regional budgets. The circumstances under consideration together with the lack of uniform approaches to the scope and nature of the functional instruments of authorized persons have served as the basis for the development of recommendations to coordinate their activities, to adjust the legal framework of the constituent entities of the Russian Federation in terms of requirements for applicants, and the scope of powers assigned to enforce human rights potential that are of practical importance and can be used by the authorities in in their rule-making work.

Compatriots Abroad: Preserving the All-Russian Cultural Identity

Istoriya ◽  
2021 ◽  
Vol 12 (6 (104)) ◽  
pp. 0
Author(s):  
Liya Vasilieva
Keyword(s):  
Cultural Identity ◽  
Russian Federation ◽  
State Policy ◽  
National Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Independent Direction ◽  
The Russian Federation ◽  
Further Development

Based on the principle of continuity of the Russian statehood, the recognition of a person, his rights and freedoms as the highest value, and the focus on modern democratic achievements, the Russian Federation supports compatriots living abroad in the exercise of their rights, ensuring the protection of their interests and preserving the all-Russian cultural identity. For this purpose, an independent direction of state policy was identified, and an appropriate legal framework was formed. According to the Strategy of the State National Policy of the Russian Federation for the period up to 2025, the support of compatriots living abroad, the promotion of their relations with the Russian Federation and voluntary resettlement in the Russian Federation is one of the priorities of the state national policy of the Russian Federation. The importance of the issue of support for compatriots for the state is evidenced by the consolidation of the provision on support for compatriots at the constitutional level by the 2020 amendment (Part 3 of Article 69 of the Constitution of the Russian Federation): Clear constitutional guidelines were established for the further development of State policy in this direction. The article deals with the dynamics of legal regulation in the field of support of compatriots and legal problems in this area, the existing conceptual framework, foreign experience in regulating issues of support of compatriots.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

scholarly journals The Bank of Russia as a Regulator in the Market of Financial Technologies

2021 ◽  
Vol 16 (3) ◽  
pp. 45-51
Author(s):  
K. B. Razdorozhnyy
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Financial Asset ◽  
Financial Assets ◽  
Integrated Development ◽  
Digital Currency ◽  
The Russian Federation ◽  
Asset Exchange

The paper is devoted to the study of the legal status of the Bank of Russia in the market of financial technologies. The author highlights that the Central Bank of the Russian Federation is consistently given powers to regulate, control and supervise the activities of operators of investment, financial platforms, digital financial asset exchange operators, as well as information platforms issuing digital financial assets. At the same time, the author concludes that measures taken for the integrated development of this industry are insufficient. In this regard, the author proposes to give the Bank of Russia powers to regulate, control and supervise activities directly associated with the issuance and circulation of cryptocurrencies (digital currencies). The study reveals the lack of the legal framework necessary for the issuance and circulation of the national digital currency that is proposed to be considered as electronic funds, with the Bank of Russia acting as an electronic funds operator. The author also concludes that there is a need to combine both general ways of financial and legal regulation of relations associated with the development of new financial technologies and specific ones providing for the application of experimental legal regimes.

scholarly journals DIRECTIONS FOR IMPROVING THE LEGAL SUPPORT OF PUBLIC SERVICE IN THE SUBJECT OF THE RUSSIAN FEDERATION Part I

2020 ◽  
Vol 34 (2) ◽  
pp. 70-76
Author(s):  
E.B. Abakumova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Basis ◽  
Judicial Practice ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
History Of Formation

This is an attempt to provide a meaningful disclosure of the key features of the legal status of civil servants in the Russian Federation in this article. The specifics of their legal status are expressed in the aggregate of legally established guarantees, restrictions and liability. This made it possible to analyze the legal framework governing the service in these positions on a scientific basis. Study the history of formation and development of Institute of the state posts of the Russian Federation, studying the legislative experience of the Russian regions, the existing judicial practice and theoretical developments in the scientific literature, is intended to facilitate the search for optimal solutions of actual problems of legal regulation of legal relations associated with the replacement of these posts.

scholarly journals Federal Territories in the Russian Federation in the Constitutional Reform Conditions

2021 ◽  
Vol 1 ◽  
pp. 69-73
Author(s):  
Sofia A. Danilova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Reform ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
The Status ◽  
The Russian Federation ◽  
Federal Administration

The article presents an analysis of the institution of federal territories, the problems associated with their creation and functioning on the territory of the state, the advantages and disadvantages of the institution, the legal status of the territories currently under federal administration is considered in order to resolve the issue of expediency giving them the status of federal territories, and also studied the experience of foreign countries in the legal regulation of this issue

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

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