Disciplinary Responsibility of Employees of State Corporations, State Companies for Violation of Duties and Failure to Bans with the Restrictions in Russian Law as a Measure of Combating Corruption

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Любовь Ломакина ◽  
Lyubov Lomakina

The article examines the disciplinary responsibility of employees of the state corporations and the state companies under Russian law as a measure of combating corruption. Responsibilities and common prohibitions for persons occupying positions in Federal public service were imposed on employees of state corporations and public companies, working on the basis of an employment contract, to implement the provisions of the UN Convention against corruption 2003 and to establish a unified system of prohibitions and restrictions that ensure the prevention of corruption in the Russian Federation. There is a new rule providing for disciplinary action for neglect of duty and violation of the prohibitions specified employees in the Labour code of the Russian Federation. Establishing at the legislative level the features of labour regulation of employees of state corporations and state companies and as a consequence disciplinary responsibility for non-compliance is caused by specifics of activities of state corporations and state companies, established by the Russian Federation to perform the tasks assigned to Federal government agencies.

2020 ◽  
Vol 14 (3) ◽  
pp. 394-399
Author(s):  
A.V. Smirnov ◽  

Based on the analysis of various scientific positions, the article reveals the administrative-legal nature and essence of state-service relations in the prosecutor’s office of the Russian Federation. It is noted that the uniqueness of the prosecutor’s service is due, among other things, to the execution of various law enforcement, human rights, control and supervisory and other functions by prosecutors, which indicates the multifunctionality of this type of public service. Such characteristics of the service in the prosecutor’s office, in turn, lead to increased requirements for the service itself, for the business and moral qualities of employees. On the basis of the methodology of integrative legal thinking, the author’s concept of civil service and service in the prosecutor’s office is given. The latter, in particular, is disclosed as a special type of professional activity carried out on behalf of the state by its citizens holding positions of the federal public service in the prosecutor’s office of the Russian Federation, in order to fulfill in accordance with the law on the prosecutor’s office and the rules establishing special moral and ethical requirements for their official and off-duty behavior of the duties assigned to the prosecutor’s office, carried out in order to ensure the supremance of law, unity and strengthening the rule of law, protect human and civil rights and freedoms, the interests of society and the state protected by law, as well as related to the performance of the functions of internal management of the prosecutor’s office, organizing and service in these bodies.


Author(s):  
Надежда Владимировна Романова

В статье автором изучен такой общественно опасный феномен как коррупция, в частности, коррупционные правонарушения сотрудников УИС, вызывающие наибольший резонанс и создающие реальную угрозу не только пенитенциарной, но и национальной безопасности государства, поскольку именно сотрудники УИС должны являться гарантом обеспечения законности, правопорядка и справедливого исполнения наказаний. Показывается, что в борьбе с данным негативным явлением одним из эффективных средств является правовое просвещение и воспитание, поскольку причиной многих коррупционных правонарушений, совершаемых в УИС, является правовая безграмотность сотрудников. На основе проведенного анкетирования были изучены содержание, формы и методы работы сотрудниками УИС по правовому просвещению в рамках профилактической деятельности в борьбе с коррупцией в УИС. Автор приходит к выводу, что достижение реальных результатов в деле формирования атмосферы нетерпимости к коррупционным проявлениям, подрывающим авторитет государственной службы в Российской Федерации, возможно только путем консолидации всех усилий, а проводимый комплекс информационно-пропагандистских и просветительских мероприятий дает положительные результаты. In the article the author studied such socially dangerous phenomenon as corruption, in particular - corruption offenses of CES employees, causing the greatest resonance and creating a real threat not only to penitentiary, but also to national security of the state, since it is the CES employees should be the guarantor of legality, law and order and fair execution of punishment. It is shown that one of the effective means to combat this negative phenomenon is legal enlightenment and education, since the cause of many corruption offenses committed in the CES is the legal illiteracy of employees. The content, forms and methods of work on legal education as part of preventive anti-corruption work with employees of prisons have been studied on the basis of the questionnaire. The author concludes that the achievement of real results in the formation of an atmosphere of intolerance to corrupt practices that undermine the authority of public service in the Russian Federation is possible only through the consolidation of all efforts, and the ongoing set of outreach and educational activities gives positive results.


2020 ◽  
Vol 10 (4(73)) ◽  
Author(s):  
S.N. Keramova

Article considers the experience of the state structure of the state service of the Russian Federation and foreign countries. The purpose of this article is a comparative legal study of the problems of the Institute of state service in Russia and abroad in several foreign countries: USA, UK, France, Germany. The analysis oflegal regulation of the state service of foreign countries and the Federal state service of the Russian Federation is conditioned by the possibility of improving the legislation of the Russian Federation. The result of the study is the formulation of conclusions and proposals for improving the administrative legislation regulating the structure of the public service of the Russian Federation, using the experience of foreign countries


Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 9-17
Author(s):  
M. D. Chupova ◽  
T. P. Filippova ◽  
V. G. Rumyantseva

The paper deals with the events devoted to the anniversary of an outstanding Russian historian of law, Prof. Igor A. Isayev. On June 11, 2020, our colleague, prominent historian of law, Doctor of Legal Sciences, Professor, Honoured Worker of Science of the Russian Federation Igor A. Isaev turns 75 years old. In addition, for 30 years Prof. Isayev has been the Head of the Department of History of the State and Law, first, at All- Russian Law Correspondence Institute that was later renamed into Kutafin Moscow State Academy of Law (MSAL) and, later, Kutafin Moscow State Law University (MSAL). Since the late 1980s, our University has taken a leading place in the field of legal education, which became possible due to its scholarly potential: the involvement of the most gifted and professional scholars, professors and educators who create and maintain an academic tradition, introduce innovations. Igor A. Isayev has become one of the leaders of the team that has achieved this success and earned credibility in the legal world is. The paper presents his views. In particular, the paper highlights that in his research Igor A. Isaev addresses the fields of history of the State and law, legal ideology, legal culture and legal symbolism, history of political and legal doctrines, and the philosophy of law. Igor Isaev’s life history represents the way of a real scholar, the milestones of his life are represented by written works, numerous pupils and the life of the faculty of the Department of History of the State and Law, the formation of which is impossible without creating an atmosphere of academic freedom, professional solidarity and mutual support.


1999 ◽  
pp. 66-76
Author(s):  
A. V. Pchelyntsev ◽  
V. V. Ryakhovsʹkyy

Legal assessment of the provisions of the Federal Law "On Freedom of Conscience and Religious Associations" (adopted by the State Duma of the Russian Federation on September 19, 1997, approved by the Federation Council on September 24, 1997, signed by the President of the Russian Federation B. Yeltsin on September 26, 1997, was officially published and legalized the forces of October 1, 1997), which contradict the Constitution of the Russian Federation and generally accepted norms of international law


Author(s):  
German Macievskiy

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.


Author(s):  
Svetlana Vorobyeva ◽  
Ilya Volkov

The work indicates that the Russian Federation is improving the norms of criminal legislation aimed at countering acts that infringe on public relations, ensuring the interests of the state, public service and service in local government bodies. However, the analyzed offences – abuse of authority (article 285 of the Criminal Code of the Russian Federation) and excess of authority (article 286 of the Criminal Code of the Russian Federation) contain such effects as a significant violation of rights and legitimate interests of citizens, organizations or legally protected interests of society or the state, which emphasizes their public danger. While analyzing these compositions of acts, we indicate both general and distinctive features. It is emphasized that the problem of their differentiation is expressed, first, in the fact that their technical and legal design is based on evaluation features, and second, on the basis of the existing distinctive features, the same act in different cases is qualified differently – under article 285 of the Criminal Code of the Russian Federation or under article 286 of the Criminal Code of the Russian Federation. We divine that in matters of the types of crimes qualification under consideration, it is of paramount importance to establish the limits of authority, the motive for committing the crime, as well as the connection with official activities.


2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Любовь Ломакина ◽  
Lyubov Lomakina

The article considers the peculiarities of regulation of labor of employees in state corporations, state companies according to the Russian legislation and from the perspectives of harmonization of national law with European law. The inclusion of the code of legal rules governing the employees of state corporations, state companies is a fundamentally new element in the sphere of labor relations. The employees occupying positions in state corporations and state companies on the basis of the employment contract shall comply with the characteristics due to their legal status, prohibitions and obligations established to be observed by the persons occupying positions in Federal state service. The rules required for the activity of state corporations, state companies, established by the Russian Federation to perform the tasks are assigned to Federal government agencies.


Author(s):  
Svetlana N. Andreeva ◽  

The article discusses the labor rights and interests of employees, as well as their protection under Russian law. Employees are entitled to basic rights that can be protected in various ways that do not contradict the legislation of the Russian Federation. The relevance of the topic is due to the fact that today the protection of labor rights is very important for every citizen of the state, and it is necessary for the employee to independently ensure the protection of labor rights.


Author(s):  
Gatsolaeva Aleftina Hadzibekirovna ◽  
◽  
Gabaraev Alan Shotaevich ◽  

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