scholarly journals CONSTITUTIONAL-LEGAL REGULATION OF NON-GOVERNMENTAL ORGANIZATIONS IN THE RUSSIAN FEDERATION: REGIONAL ASPECT

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Human Right ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regional Aspect ◽  
Regulatory Impact ◽  
The Russian Federation

The article is devoted to the analysis of the legislation of federal subjects of the Russian Federation in the sphere of regulation of non-governmental organizations’ activities. This study was carried out on the basis of the comparative law method as a way to protect the human right to association. The article examines the problems of regional legislation quality, completeness and effectiveness of its regulatory impact on civil society in federal subjects of the Russian Federation. The author tries to answer the question what the purposes are for the existence of regional legislation on human rights. The emphasis is on the regional regulation of support for nongovernmental organizations on the part of the authorities of federal subjects of the Russian Federation. The article touches upon the problems of regulation through regional laws of the activities of religious organizations as a form of non-governmental organizations. The author concludes that regional legislation in the sphere of regulation of non-governmental organizations’ activities in most regions is fragmented and unsystematic, and the purposes of its existence for the protection and creation of additional guarantees of constitutional human rights in the territory of federal subjects of the Russian Federation are performed only partially.

scholarly journals Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World

Lex Russica ◽  
2019 ◽  
pp. 151-159 ◽  
Author(s):  
S. Yu. Kashkin
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Russian Federation ◽  
Science And Technology ◽  
Comparative Law ◽  
The United States ◽  
Legal Regulation ◽  
The World ◽  
The Russian Federation ◽  
And Robotics

The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.

scholarly journals Civil Law Constructions in Social Service Legislation

2020 ◽  
Vol 17 (4) ◽  
pp. 465-474
Author(s):  
I. V. Grigor'ev
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Effective Means ◽  
Legal Regulation ◽  
Private Law ◽  
Federal Law ◽  
Disabled People ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Russian Federation

The article analyzes the problems of legal regulation of social services that arise in connection with the use of private law principles in the legislation on social services (contractual structures, the involvement of non-state providers of social services, the introduction of competitive principles, etc.). On January 1, 2015, the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the Russian Federation” entered into force, which made significant changes to the system of social services. In this regulatory legal act, a complex of legislative novelties was implemented, aimed at overcoming the crisis situation in social services. It was assumed that ensuring a competitive environment, including through the provision of social services on a contractual basis, would improve their quality, and the involvement of non-governmental organizations would solve the problem of the availability of social services. However, an analysis of the provisions of the current federal legislation and the legislation of the constituent entities of the Russian Federation revealed certain problems of legal regulation that impede the achievement of the goals set (violation of the continuity of legislation, the use of certain private law elements of legal regulation in the regulation of public law relations, etc.). Based on the results of the study, the Author concludes that the goals set for the legislator have not been fully achieved. The involvement of non-state providers of social services did not solve the problem of accessibility of social services. At the same time, at the federal and regional levels, a legal space has been created for “delegating” certain state functions to private organizations, the effectiveness of which raises objective doubts. The use of some private law elements of legal regulation (for example, the legal structure “contract”) does not serve the purpose of ensuring the guarantee of social services, but entails further “commercialization” of relations in the field of social services. The article also examines the experience of using so-called hospital-replacing technologies in certain constituent entities of the Russian Federation (creation of foster families for disabled people and citizens living alone). The Author comes to the conclusion that hospitalreplacing technologies can hardly be considered a really effective means of solving the problem of the availability of social services due to the low level of fees received for caring for single citizens and (or) disabled people.

Legal and Organizational Barriers of Digitalization of Education in the Russian Federation

2018 ◽  
pp. 18-24 ◽  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Educational Process ◽  
Educational Organization ◽  
Organizational Barriers ◽  
The Russian Federation ◽  
Russian Education

The aim of the study is to identify the legal and organizational barriers to digitalization and digital transformation of education in the Russian Federation and to develop proposals for improving the startup planning and legal regulation in this area. The study presents the authors’ method of identifying the barriers. The main feature of this methodology (based on the comparative-law method and structural and functional analysis) is its focus on identifying the legal and organizational barriers to digitalization not only of the educational process itself, but also of the life cycle of the educational organization as a whole. The key legal and organizational barriers to digitalization for education were identifi ed and systematized. It was concluded that there remains a signifi cant number of barriers not only to digitalization, but also to primary informatization in the fi eld. The authors substantiate proposals for improvement of strategic planning and legal regulation, aimed at eliminating the identifi ed barriers and forming of legal conditions for digitalization and, in the long term, the digital transformation of Russian education.

Limitation of Constitutional Human Rights in Legislations of Subjects of the Russian Federation

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
The Russian Federation

The article is devoted to the issues related to lawful limitations of constitutional rights in the Russian Federation. The limitation of human rights is a complex and multi-layered phenomenon. The author uses both formal and other criteria. In addition, there is a territorial aspect to this problem in Russia. The author analyzes the powers of subjects of the Russian Federation to regulate legal relations in the sphere of constitutional human rights, and considers the possibility of their lawful limitation by the legislations of subjects of the Russian Federation. In addition, the author examines reasons and consequences of unlawful restriction of human rights by laws of the subjects of the Russian Federation. Terminological problems are discussed. In particular, the author distinguishes between such terms as “limits of legal regulation” and “limitation of human rights”, “human rights” and “rights of participants”. The author formulates theoretical arguments about the possibility of partial legal regulation of constitutional human rights.

scholarly journals The Sociopolitical Mission of the Institution of Transfer of State Powers to Organizations: Expert Knowledge Attraction and State Service Quality Raising

2020 ◽  
Vol 11 ◽  
pp. 12-16
Author(s):  
Rafael Z. Khasyanov ◽  
Keyword(s):  
Russian Federation ◽  
Public Services ◽  
Professional Competence ◽  
Expert Knowledge ◽  
The State ◽  
Practical Implementation ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
State And Society ◽  
The Russian Federation

The subject of the article is the study and analysis of the socio-political purpose of the institution of the delegation of state powers to organizations in a view of its two functions: attracting expertise to the public sector and improving the quality and accessibility of public services by involving non-governmental organizations in this process. From the point of view of constitutional law, these functions of the indicated institution are derived through the principle of popular sovereignty and the right of citizens to participate in the management of state Affairs. Recent amendments to the Constitution of the Russian Federation (art. 75.1) further increased the relevance of these functions as creating conditions for mutual trust between the state and society. The function of attracting expertise helps to complement public policy with the contribution of a more experienced private sector, which, having higher professional competence in a particular field of activity, contributes to a better, more efficient and faster solution of tasks (SKOLKOVO Innovation center, special economic zones). The function of improving the quality and accessibility of public services is aimed at achieving such goals as attracting non-governmental organizations to participate in the provision of public services, as well as improving their quality and accessibility for citizens and their associations (accredited passport and visa centers, multifunctional centers). Thus, it is noted that the functions of the institution of the delegation of state powers to organizations make a huge contribution to the development and harmonization of relations between the state and society, as well as contribute to the practical implementation of certain provisions of the Constitution of the Russian Federation.

scholarly journals LAW ENFORCEMENT AS THE CEMTRAL POINT IN ESTABLISHING AN ELECTRONIC STATE: CHALLENGES OF “NEW REALITIES”

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Анна Головина ◽  
Anna Golovina ◽  
Николай Черногор ◽  
Nikolay Chernogor ◽  
Юлия Кашеварова ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Electronic State ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
International School ◽  
Legal Order ◽  
Information Revolution ◽  
The Russian Federation ◽  
The Government

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.

scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

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