PROBLEMS OF REALIZATION OF SOCIAL FUNCTIONS BY PUBLIC AUTHORITIES IN THE RUSSIAN FEDERATION

2015 ◽  
Vol 10 (6) ◽  
pp. 202-209
Author(s):  
Тютюнникова ◽  
Olga Tyutyunnikova
Keyword(s):  
Russian Federation ◽  
Tax Reform ◽  
Local Level ◽  
Fiscal Year ◽  
Federal Law ◽  
Social Functions ◽  
Public Authorities ◽  
The Social ◽  
The Russian Federation ◽  
The Difference

The article analyzes the mechanism of consolidation the principle of redistribution of social powers in the Russian legislation, problems and ways to solve some of them. The author pays attention to the fact that some of social powers are referred to the joint jurisdiction of the Federation and the subjects under the Federation Treaty; later legislation continued this trend. However, when transferring the powers at the legislative level, the difference in the social and economic situation of regions and municipalities was not taken into account; subjects were not provided with funding of powers. Tax reform 2005 made municipalities dependent on the regions financially, for which the criteria for the aid amount to municipalities wasn’t indicated. Transfer of the regional tax to local budgets does not eliminate the differentiation, as it is done by the same standards. To resolve problems at the local level some amendments to the 131th Federal Law were adopted in 2014: the powers of the Federation must be transferred to the municipality only with the finances for their implementation, the decision to transfer must be valid for the entire term of the regional parliament, the law on the transfer of it must come into force only from the beginning of the fiscal year.

The Trajectory of Development of Social Partnership

2021 ◽  
Vol 65 (2) ◽  
pp. 117-124
Author(s):  
A. Fedchenko ◽  
E. Dashkova ◽  
N. Dorokhova
Keyword(s):  
Russian Federation ◽  
Trade Union ◽  
Labor Relations ◽  
Local Level ◽  
Organizational Level ◽  
Collective Agreement ◽  
Social Partnership ◽  
The Social ◽  
The Russian Federation ◽  
Collective Contract

Profound changes in the social and labor sphere are followed by both emergence of the new opportunities associated with the development of flexible forms of employment, expansion of opportunities for employment, humanization and digitization of work, and the emergence of new threats: the occurrence of such phenomena as employment preсarization, growth of the informal components in the labor relations, distribution of practice of bringing the labor relations to the civil legal area, and so on. As a result, controversies between the main participants of the social and labor relations grow. An effective and worldwide recognized mechanism of resolving them is the social partnership which has the deep historical roots going back to outstanding thinkers of antiquity. During later historical periods the ideas of social partnership gained development in the works of domestic and foreign scientists, public and statesmen. In the Russian Federation social partnership has the specific trajectory of development which has developed under the influence of both historical and modern factors. The carried-out analysis allowed to reveal the following problems of formation and development of the social partnership system in the Russian Federation: sociocultural features, weakness of the trade-union movement, development of non-standard forms of employment, differentiation of the income of the population, low interest of the government. The designated problems which are slowing down the process of transition of the social and labor relations to partner type are manifested both on federal, and on regional levels. To research the extent of development of collective contract regulation and identification of the problems which take place in the system of social partnership at the local level sociological survey of workers of a number of the Russian organizations was performed. As a result, it was found that collective contract regulation of the social and labor relations in the Russian Federation at the local level demands improvement. The main problems of system of social partnership at the local level are: weak knowledge of trade-union members concerning the activity of those organizations, especially at the sectoral, regional, and territorial levels; unwillingness to resolve the issues of social and labor regulation at the organizational level without governmental support and lack of the developed practice of conducting collective negotiations; passivity and weak motivation of trade-union members in protection of their labor rights; weak feasibility of practical implementation of the collective agreement provisions. The results of the theoretical and empirical researches allow to predict the trajectory of further development of social partnership consisting in strengthening of the social component due to the extension of the database concerning the problems of the social partners.

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

scholarly journals Strategic planning of socio-economic development of a large city

2017 ◽  
Vol 1 (3) ◽  
pp. 125-134
Author(s):  
Tatiana Frolova
Keyword(s):  
Economic Development ◽  
Strategic Planning ◽  
Russian Federation ◽  
Large City ◽  
Federal Law ◽  
Public Authorities ◽  
Socio Economic Development ◽  
Strategic Goals ◽  
The Subject ◽  
The Russian Federation

The subject. The article shows the approaches to the process of creating and realizing strategiesof socio-economic development of the largest cities in the Russian Federation. Thestrategies of socio-economic development of the largest cities have been fundamental inthe formation of such city agglomerations as “Big Volgograd” (Volgograd), “Big Rostov”(Rostov), Zhigulevskaya agglomeration (Samara), Nizhegorodskaya agglomeration (NizhnyNovgorod), Chelyabinsk city agglomeration (Chelyabinsk) and these strategies contain themain ways of development which go far beyond the competence of local importance.The purpose. The article addresses the problems that arise in the process of creating strategiesof socio-economic development of the largest cities including the extent of powerbetween public authorities of different levels.The methodology. The systematic approach, methods of formal and comparative analysisof law as well as synthesis are used in the article.Results. Before the adoption of Federal Law “On the Strategic Planning in the Russian Federation”(further down the article 172-FZ) strategic planning was unsystematic and therewere no unitary law-based approaches towards the drafting process of strategic planningdocuments. After the adoption of 172-FZ the situation has not dramatically changed.The analysis of strategic planning in the largest cities shows the lack of unitary approachestowards the drafting process of strategic planning documents, the definitions of missionand strategic goals of development, the assessment of largest cities importance in the contextof over-regional, regional and internal city area development. Also, the peculiarities ofterritorial planning and budgetary process in municipal establishments are not taken intoconsideration.

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 Implementation of promoting inclusive and sustainable economic growth, employment, and decent work for all as the goal in the updated Constitution of the Russian Federation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 488-496
Author(s):  
Marietta D. Shapsugova
Keyword(s):  
Russian Federation ◽  
Social Solidarity ◽  
Decent Work ◽  
Public Authorities ◽  
Public Interests ◽  
Russian Economy ◽  
The Social ◽  
Private And Public ◽  
The Russian Federation ◽  
Sustainable Economic Growth

The article analyzes the content of the new Article 75.1 of the Constitution of the Russian Federation through the prism of economic and political doctrines of solidarity based on the social division of labor, codependency, and mutual assistance. The relevance of the problem of social solidarity in the implementation of economic activity by citizens is due to the entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 "On improving the regulation of certain issues of the organization and functioning of public authorities." Concluded that Article 75.1, fixing new principles of balancing private and public interests based on mutual trust in society and the state, integrating the Russian economy into the global community based on universal principles of economic development set out in the Concept of Sustainable Development of the United Nations.

scholarly journals The Concept of Complicity in Corruption and Responsibility for It

2020 ◽  
Vol 14 (1) ◽  
pp. 49-58
Author(s):  
Vladimir Burlakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Essential Feature ◽  
Criminal Code ◽  
Federal Law ◽  
Distinctive Features ◽  
Normative Basis ◽  
The Russian Federation ◽  
The Difference ◽  
Definition Of

When the concepts «bribery» and «corruption» are used interchangeably it blurs, voluntarily or involuntarily, the borders between these related phenomena. Corruption is a consequence of bribery, but it also has its own distinctive features. The legal definition of corruption, found in the federal law of the Russian Federation, does not include essential qualities of this phenomenon. As a consequence, the Criminal Code norms prescribing liability for bribery still remain the normative basis of liability for corruption. Thus, these two phenomena are counteracted by the same measures of criminological and criminal law prevention, and, as a consequence, such measures lose their relevance and effectiveness, at least against one of the described offences. It is necessary to determine the essential feature of corruption in order to align its public danger with liability measures aimed at fighting it. This essential feature is the self-interested abuse of authority by an official with the purpose of aiding and abetting other persons in committing crimes. On the basis of such an understanding, the author concludes that it is necessary to criminalize corruption. It is suggested that the Criminal Code of the Russian Federation should be supplemented by an Article «Complicity in Corruption». Complicity in corruption is a complex crime that encompasses the situations when officials take bribes for using their authority to assist another person of persons in committing a crime. The proposed Article should determine liability for two types of complicity in corruption that differ in their degree of public danger: aiding and abetting corruption, when an official receives bribes and uses his authority to provide assistance to another person or people in committing a crime, and corrupt collusion, when an official receives bribes and uses his authority to provide assistance to an organized group or a criminal community in committing crimes on a permanent basis. The author analyzes the advantages of this Article in comparison with the Articles used today for qualifying corruption and shows the difference between the crime of complicity in corruption and similar crimes, specifically, those included in Part 3 of Art. 210 («Participation in a Criminal Community»).

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

scholarly journals Impact of corruption on the economic and environmental security of the state

2021 ◽  
Vol 258 ◽  
pp. 06065
Author(s):  
Lyudmila Kopteva ◽  
Arthur Budagov ◽  
Anna Trushevskaya
Keyword(s):  
Russian Federation ◽  
Shadow Economy ◽  
The State ◽  
Standard Of Living ◽  
Public Confidence ◽  
Public Authorities ◽  
Social Sphere ◽  
Independent Unit ◽  
The Social ◽  
The Russian Federation

Corrupt activities in the Russian Federation have reached the point where national security is under threat. Corruption creates obstacles to the economic growth of the state, slows down various transformations not only in the economic, but also in the social sphere of society, worsens the standard of living in the Russian Federation, undermines public confidence in public authorities, and reduces authority in the eyes of other countries. Theoretically, broad corrupt activities are able to destroy the norms, constitutional foundations that have developed in society and neutralize the operation of any legal system. One should not lose sight of the fact that corruption activity, due to its illegal origin, intersects with other variants of socially destructive phenomena, such as sanctioned crime, shadow economy and terrorist attacks. As a result, it can be said that corruption is a combination of various factors, a continuously growing system that threatens the state and financial security of the country, and is not an independent unit, which is an exceptional precedent of bribery of a certain person among civil servants.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

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