scholarly journals ON THE CONCEPT OF CONFLICT OF INTERESTS

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Екатерина Спектор ◽  
YEkatyerina Spyektor ◽  
Вячеслав Севальнев ◽  
...  

This research article, prepared for the 90th anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, reviews problems of conflict of interests prevention in the context of the search of the optimum definition which most fully reflects the whole range of its possible manifestations. On the basis of the etymological analysis of the “interest” concept, the authors of the article draw the conclusion that it is the combination of the subjective and objective aspects that most fully reflects the nature of interest. At the same time the authors note that the definition norms on the conflict of interests contained in the legislation on public service in many states, including Russia, do not fully meet the requirements of law-enforcement practice. The authors suggest ways of improvement of the “conflict of interests” concept which takes into account modern realities of this legal phenomenon development.

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Анна Головина ◽  
Anna Golovina ◽  
Николай Черногор ◽  
Nikolay Chernogor ◽  
Юлия Кашеварова ◽  
...  

The currently ongoing information revolution has become one of the most significant perquisites for the formation of a new legal order — “new realities”, characterized by the formation of “electronic state“. The challenges of this “new reality” make search for science-based solutions ever more topical, including the means and methods and technologies for legal regulation with regard to public relationships. An attempt to look for said mechanisms was undertaken by the participants of the XI International School for young scholars — jurists “Effective law enforcement: doctrine and practice”. It was held at the Institute of Legislation and Comparative law under the Government of the Russian Federation on May 27, 2016. One of the sections of said School was dedicated to “Law enforcement in the light of formation of electronic state“. The article contains summary of the discussions and the outcomes.


2020 ◽  
Author(s):  
A.Ya. Kapustin ◽  
I.I. Kucherov ◽  
S.A. Sinitsyn ◽  
A.I. Kovler ◽  
Yu.N. Kashevarova

Modern constitutional transformations, asserting a “value” legal understanding, actualize theoretical and practical problems of legislative regulation, serve as a prereq- uisite for rethinking the essence, role and significance of law in the life of society, and determine the formulation of a number of issues related, first of all, to the qualitative implementation of novelties. This collection reflects the diversity and depth of scientific discussions of the XV In- ternational school of young legal scholars on the topic “Constitution and modernization of legislation”, which was held by the Institute of legislation and comparative law under the Government of the Russian Federation in cooperation with the International Union of lawyers. In the context of a difficult epidemiological situation related to the spread of corona- virus infection, in order to protect the health of conference participants, the organizing Committee decided to hold the XV School remotely (by correspondence). For the first time, all its scientific events were held online. The participants had a unique opportunity to communicate with the direct developers of amendments to the Constitution of the Russian Federation, present their reports in a new format.


2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva ◽  
Андрей Габов ◽  
Andrey Gabov ◽  
Мария Глазкова ◽  
...  

This publication is the result of collective discussion at the Institute of Legislation and Comparative Law under the Government of the Russian Federation of the Concept of a common code of civil procedure adopted in 2014. The article deals with the problem of harmonization of legislation governing the consideration of the various categories of cases within the jurisdiction of the courts of general jurisdiction and arbitration courts. Particular attention is paid to the problems of access to justice, coordination of legislative activity, taking into account the future prospects of unification of the rules and institutions governing the procedural arrangements of civil, administrative and criminal proceedings. The article describes the objective relationship between the development of an of procedural law and the law on the judicial system, which must be taken into account when solving problems to ensure the effective operation of the courts at all stages of trial and in all judicial instances. Certain problems that arose after the unification of the higher judiciary authorities are reviewed, recommendations aimed at improving the structure and organizational forms of the Supreme Court of the Russian Federation are given.


Author(s):  
Баранов ◽  
Vladimir Baranov ◽  
Шилова ◽  
Vera Shilova

Now the problem of ensuring economic security is a priority for the Government of the Russian Federation, federal bodies of executive power to its subjects. An effective instrument for ensuring economic security Act the executive authorities in the face of law enforcement. Their actions include a set of measures aimed primarily at minimizing threats to economic security, which, in turn, imposes special requirements to the professional readiness specialist.


2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.


Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.


2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.


2015 ◽  
Vol 4 (4) ◽  
pp. 50-54
Author(s):  
Госсельбах ◽  
Ludmila Gosselbach

In this article formation and modern development of system of law enforcement bodies of the Russian Federation are described. The main directions of reforming of the Ministry of Internal Affairs of the Russian Federation are formulated in orders of the President of the Russian Federation; the main objective is creation of the professional police meeting requirements of the society. The special place in the article is given to the description of social purpose of law enforcement bodies, their tasks and functions.


2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Г. Мамцев ◽  
G. Mamtsev ◽  
Феликс Лещенков ◽  
Feliks Leshchenkov

The present publication provides the review of the joint seminar of young scientists from the Institute of Legislation and Comparative Law under the Government of the Russian Federation and Petrozavodsk State University faculty of law which took place on April 29, 2015 in Petrozavodsk. During the event the main activities of the Institute were presented. Particular attention was paid to such areas as scientific legal support of activities of the Government of the Russian Federation, carrying out basic and applied scientific researches in legal sphere, examination of legal experience of foreign states and international associations, realization of functions of the interdisciplinary center for coordinating scientific and educational methodological support in combating corruption, realization of policy in education and professional development, performance of functions of the Secretariat of the Russian Federation delegation in the European Commission for democracy through law, activities of the Council of young scientists and the Council of graduate students, etc. At the same time, special attention was also paid to the questions of participation of youth in the Institute’s scientific life and involvement of young scientists-lawyers in joint research projects. During the seminar the foundation was laid for the main areas of interaction between the young scientists of the Institute and the University, including publishing of the results of joint scientific researches in publications of the Institute and the University, participation in the events held by the Institute and the University, involvement of the University graduates in the Institute’s Master programs, exchange in educational and scientific literature, etc. The seminar proceeded in a friendly businesslike atmosphere; its participants recognized the efficiency of the held meeting.


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