26. In the Case Concerning Verification of the Constitutionality of the Provisions of Point 6 of Article 4, Subpoint “A” of Point 3 and Point 4 of Article 13, Point 3 of Article 19, and Point 2 of Article 58 of the Federal Law of 19 September 1997 “On the Fundamental Guarantees of Electoral Rights and of the Right to Participation in a Referendum of Citizens of the Russian Federation”

2000 ◽  
Vol 36 (4) ◽  
pp. 71-83 ◽  
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
The Russian Federation ◽  
Right To Participation ◽  
The Right

Prosecutor in the Court of Cassation in Criminal Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova
Keyword(s):  
Russian Federation ◽  
Public Prosecutor ◽  
Federal Law ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Procedure Code ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

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.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

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.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals PECULIARITIES OF SUPERVISION OVER THE RECEPTION, REGISTRATION AND AUTHORIZATION OF CRIMES UNDER ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION BY THE PRELIMINARY INVESTIGATION AUTHORITIES

2020 ◽  
Vol 30 (4) ◽  
pp. 535-540
Author(s):  
M.A. Gabdullina
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Federal Law ◽  
Different Types ◽  
Complete Failure ◽  
Employer Liability ◽  
The Russian Federation ◽  
The Right

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.

On Early Election Calling

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктория Вискулова ◽  
Viktoriya Viskulova
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Statistical Technique ◽  
Election Campaigns ◽  
Federal Law ◽  
Public Authorities ◽  
Election Process ◽  
The Russian Federation ◽  
The Right ◽  
Modelling Methods

Every year the Russian Federation holds thousands of elections — primary, early, occasional, runoffs, etc. This article describes a great number of early election campaigns in Russia, reflects some discrepancies in the statistics, and also reveals some problems of an election process. The author touches upon the following points: 1) proves that early elections are called due to early termination of powers of the elected authorities and officials; 2) demonstrates a variety of the RF constituent entities’ legal approaches to determining of initiators of early election calling; 3) suggests an all-in-one approach to early election calling — by election committees. In her article the author uses statistical technique, comparative juridical and legal modelling methods. As a result the author proposes some amendments to the RF Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. The author assumes that it is the election committees that should call for early elections, and not the elected public authorities or local governments.

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals To the question of impositions of restrictions on budgetary (autonomous) institutions involved in procurement for the purpose of fulfilling the state (Municipal) assignment

2020 ◽  
pp. 14-23
Author(s):  
Kristina Fedoseeva
Keyword(s):  
Nongovernmental Organizations ◽  
Russian Federation ◽  
Social Order ◽  
The State ◽  
Municipal Services ◽  
Federal Law ◽  
Special Contribution ◽  
Social Sphere ◽  
The Russian Federation ◽  
The Right

The subject of this research is the restrictions set by the introduced to the State Duma of the Russian Federation draft law on the budgetary (autonomous) institutions involved in procurement for the purpose of accomplishment of the state (municipal) assignment.  The goal consists in the analysis of such restrictions in the context of reform of budgetary (autonomous) institutions aimed at increasing their economic independence. The article provides scientific assessment of the legal opportunities of attracting contractors for governmental and nongovernmental organizations in the process of rendering state (municipal) services due to passing the Federal Law No. 189-FZ of July 13, 2020 “On the State (Municipal) Social Order for Rendering State (Municipal) Services in Social Sphere”. The author explores the question of organization of law enforcement in this area, namely use of the instrument for budget classification the Russian Federation and other methods of identification of procurement. The author’s special contribution lies in formulation of the general criteria that would allow the institutions to attract contractors for rendering services in order to fulfill state (municipal) assignment in case if the aforementioned draft law would not be adopted. The main conclusion of this work consists in the need for consubstantiation of normative regulation of the right to carry out procurement for the purpose of rendering state (municipal) services by both, governmental and nongovernmental organizations. This is substantiated by Implementation of budgetary (autonomous) institutions into the competitive market alongside other nongovernmental organizations, and imparting them with certain economic freedom as a result of the initiated reform.

scholarly journals Civil-legal terms in contractual system

2021 ◽  
Vol 15 (4) ◽  
pp. 731-742
Author(s):  
G. B. Dobretsov
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Structure ◽  
Maximum Period ◽  
Calculated Period ◽  
The Russian Federation ◽  
Working Day ◽  
The Moment ◽  
The Right

Objective: to develop the “term” concept in the contract system legislation and to identify the features of terms calculation, taking into account the wording of the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” of 02.07.2021.Methods: general scientific and specific scientific research methods are used in the work.Results: the legislation on the contract system does not register the “term” concept, but establishes it in all procedures and for all participants of the contract system. Terms violation entails administrative liability for both legal entities and officials. The entire logistics of procurement activities is connected with terms. As a result of the study, the following features related to terms in the contract system were identified: a) the terms calculation in the contract system in the field of procurement of goods, works, and services for state and municipal needs must be carried out in accordance with Chapter 11 of the Civil Code of the Russian Federation; b) Monday to Friday, except for federal official holidays, as well as other non-working days established by the authorities of the Russian Federation, should be considered working days; c) taking into account the high administrative responsibility for these offenses, if possible, to add to the established minimum and to subtract from the maximum period at least one day for unforeseen technical failures, in addition to the calculated period; d) in the legal structure “from the day following the day”, when establishing the maximum preventive terms in the law, to calculate the terms from the day of the event, the minimum preventive terms – from the day following the specified event; e) in some cases, as, for example, when concluding a contract, the customer should not only comply with all the terms of the formula “not more”, but also plan so that at the last stage there is no contradiction between “not more” and “not less”; f) the calculation of the terms provided by Law for the placement of electronic documents and information in the UIS starts from the moment they are placed in the UIS. Individual documents are placed in the UIS through the Treasury, the territorial body of which has the right to form notifications about the passage of control of these objects of control during the next working day. At that, the placement of control objects in the UIS will be carried out on the next working day from the date of their referral for control to the appropriate Treasury body.Scientific novelty: the article for the first time examines the norms and rules for calculating the terms stipulated in the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” as amended on 02.07.2021, and analyzes regulatory legal acts in the field of procurement that come into force on January 1, 2022.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the calculation of terms in the field of procurement.

scholarly journals Responsibility of the president and the prosecutor's office for the integrity and security of the state

2021 ◽  
Vol 5 (2) ◽  
pp. 86-98
Author(s):  
N. A. Blokhina ◽  
M. A. Vlasova
Keyword(s):  
Russian Federation ◽  
Selection Procedure ◽  
Scientific Activity ◽  
Federal Law ◽  
Russian Government ◽  
State Security ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Right

The subject. The evolution of regulation of prosecutor’s activity in Russian Constitution as well as the role of Prosecutor's Office in provision of national security and integrity are being considered.The purpose of the article is to confirm or disprove hypothesis that the preservation of the Prosecutor's Office made it possible to prevent the destruction of the Russian Federation and protect the country's security from significant threats.The methodology. The authors use a dialectical method as well as analysis and synthesis. An important role is given to formal legal interpretation of Russian Constitution and legal acts.The main results, scope of application. The question of who saved the Russian Prosecutor's Office from the attempt to liquidate it in the autumn of 1993 is being covered in detail. There was not even a mention of the Prosecutor's Office in the draft Constitution of the Russian Federation. The Prosecutor's Office was supposed to be replaced by the institution of authorized representatives of the President in the constituent entities of the Russian Federation. Chapter 7 of the Russian Constitution was called "Judicial Power" until 2014, and it lacked the word "prosecutor's office", which caused a lot of bewilderment in the scientific and educational literature and turned the content of Chapter 7 into a kind of mystery. The article reveals the role of Alexander I. Kazannik in preserving the Russian Prosecutor's Office. The authors of the article name the main threats to state security: duplication of the powers of the federal government and the lack of effective legal guarantees of their responsibility, asymmetry of Russian federalism. Asymmetry leads to uneven implementation of citizens' rights and freedoms and distrust of power. The criteria for assessing the scientific activities of universities established in 2013 also pose a threat to state security.Conclusions. President Vladimir Putin has preserved the integrity and sovereignty of Russia, enforced the principle of the supremacy of federal law and strengthens Russia's security with the help of the Prosecutor's Office. The authors propose measures to strengthen Russia's security: (1) introduce a competitive selection procedure for the post of Prosecutor General of the Russian Federation with the participation of civil society institutions, which would have the right to present candidates to the Federation Council; (2) adopt a federal law on the Administration of the President of the Russian Federation to avoid duplication of powers with the Russian Government and other authorities; (3) change the criteria for assessing the scientific activity of universities, established by the Ministry of Science of the Russian Federation.

scholarly journals On the Concept of the Constitutional and Legal Category “Citizen’s Appeal”

2021 ◽  
pp. 248-255
Author(s):  
Igor Yu. Ostapovich ◽  
◽  
Alexander V. Savoskin ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Additional Term ◽  
Constitutional Court ◽  
Federal Law ◽  
Legal Entity ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Or Organization ◽  
Subjective Rights

The right of a citizen of the Russian Federation to appeal to state bodies and bodies of local self-government is one of the oldest human rights. It is an integral part of the mechanism for the implementation of a large number of subjective rights and freedoms. However, the concept of the legal category “citizen’s appeal” contained in the Federal Law “On the Procedure for Considering Appeals of Citizens of the Russian Federation” is not informative and creates many questions and problems. It is difficult to establish the content of the category “citizen’s appeal” because the word “appeal” is a verbal noun and has several meanings in Russian. In order to establish the true meaning of the term “citizen’s appeal”, the authors conducted a lexical analysis of the word “appeal” and examined its use in legal acts. Based on the analysis, it has been established that the term “appeal” in normative acts is used in different meanings and, to clarify it, an additional term is required that would explain the context of the use of the word “appeal”. Then, using specific legal methods of cognition (formal-legal, formal-logical, systemic, technical-legal methods), the authors analyzed the legislative definition of the term “citizen’s appeal”, namely, its understanding in the decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and in special legal literature. The authors have formulated the definition of the category “citizen’s appeal”: it is the will of a person (group of people or organization) guaranteed by the Constitution of the Russian Federation, corresponding in its form to the normatively established rules and expressed in the form of a written, oral or implied-in-fact requirement to a state body or local government. The appeal is aimed at realizing the subjective rights, freedoms and legitimate interests of the applicant and third parties. The definition includes the necessary and sufficient set of essential characteristics that reveal the analyzed phenomenon, namely: constitutional conditionality, the proper applicant (subject of the appeal), the proper addressee, the form of expressed will, the purpose of the appeal. The absence of any of the above elements eliminates the citizen’s appeal as such or transforms it into a different kind of expression of will. Based on this theoretical construct, a new legislative definition of the legal category “citizen’s appeal” is formulated. The terms “applicant” (citizen, group of citizens, or organization sending the appeal) and “organization that performs publicly significant functions” (a legal entity established by a public law entity with the aim of performing non-commercial functions or a legal entity that exercises certain state or municipal powers) are also defined.

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