Occupational Standards in Russia: Point of No Return Is Crossed

2016 ◽  
Vol 5 (3) ◽  
pp. 26-31
Author(s):  
Лебедев ◽  
V. Lebedev
Keyword(s):  
Human Resources ◽  
Russian Federation ◽  
Professional Standards ◽  
Federal Law ◽  
Independent Evaluation ◽  
Point Of No Return ◽  
The Russian Federation ◽  
Federal Laws ◽  
Occupational Standards ◽  
Legal Forms

The article considers the stages of development of human resources policy, carried out the analysis of the amendments made to the Labour Code of the Russian Federation, of the professional standards; considers the main provisions of the federal laws “On the independent evaluation of the qualification”, “On Amendments to Part Two of the Tax Code of the Russian Federation in connection with adoption of the Federal Law” On the independent evaluation of the qualification”, “On Making Amendments to the Labor Code of Russian Federation in connection with adoption of the Federal law “On the independent evaluation of the qualification”, that shall enter into force on 1 January 2017. The author offers to specify the legislator proposed initiatives, in particular on the organizational and legal forms and requirements to the personal composition of the evaluation centers.

scholarly journals Concerning certain issues of legal regulation, goal-setting, management and work of the bank of Russia

2019 ◽  
pp. 66-80
Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov
Keyword(s):  
Central Bank ◽  
Goal Setting ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
State Governance ◽  
The Russian Federation ◽  
Federal Laws ◽  
Working Out ◽  
Reserve System

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

scholarly journals Important Legislative Initiative (Draft Bill “On Amending the Federal Law ‘On Legal Deposit Copy of Documents’”)

2015 ◽  
pp. 17-20 ◽  
Author(s):  
Nikolai A. Sakharov
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Electronic Copy ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Federal Laws ◽  
Draft Bill ◽  
The One

There is reviewed the Draft Bill, prepared by the Ministry of Culture of the Russian Federation, providing for introduction into the one of the basic Federal laws in the field of librarianship “On Legal Deposit Copy of Documents” the concept of “Electronic Copy of Printed Publications”, relating to the types of documents included into the Legal Deposit Copy. Special attention is paid to the proposal to significantly reduce the number of the hard copies of legal deposit publications to be sent to the largest libraries of the Russian Federation and other organizations.

Monitoring Law Enforcement in Archival Legislation for Legal Loop-Holes: A Case-Study of the Activities of the Archival Agency of the Kurgan Region

2018 ◽  
pp. 146-154
Author(s):  
Aleksandr I. Kulinich ◽  
◽  
Evgeniy I. Sorogin ◽  
Keyword(s):  
Russian Federation ◽  
Control Function ◽  
Government Agency ◽  
State Control ◽  
Federal Law ◽  
Primary Activity ◽  
Archival Documents ◽  
The Russian Federation ◽  
Federal Laws ◽  
State Archives

The authors study legal loop-holes in the archival legislation. As it is impossible to analyze the whole of archival legislation, including regional laws and regulations of all subjects of Russia, the article focuses on the Federal law. It draws on practices of the Archival Agency of the Kurgan Region and addresses practical concerns. It analyzes inconsistencies and legal loop-holes in implementation of following three laws: the Federal law of October 22, 2004 no. 125-FZ ‘On archiving in the Russian Federation,’ the Federal law of 26 December, 2008 no. 294-FZ ‘On protection of rights of legal persons and self-employed entrepreneurs in the exercise of state control (supervision) and municipal control,’ and the Federal law of April 5, 2013 no. 44-FZ ‘On contract systems in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs.’ The study has identified the following legal loop-holes and inconsistencies: (1) There is a legal loop-hole in implementation of the control function. No clear demarcation of jurisdictions of the Russian Federation and those of the subjects of the Russian Federation is provided in Federal laws no. 294-FZ and no. 125-FZ; (2) There is a contradiction between Federal laws no. 125-FZ and no. 44-FZ. In case of winding-up of a state procurement agency and transferring its powers to a government agency, documents on primary activity are to be filed in a state archive and also to remain in the new government agency; (3) Lack of uniform and federally approved methodology for division of ownership of archival documents between municipalities and subjects of the Russian Federation result in similar documents falling under different forms of ownership in different regions; (4) Lack of regulatory framework in acquisition and transfer of e-documents to state archives hinders introduction of a full-featured e-document interchange between state authorities. The authors contend that these legal loop-holes and inconsistencies should be corrected.

Legal regulation challenges of «labour leasing»

10.12737/5580 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 87-92
Author(s):  
Марина Кроз ◽  
Marina Kroz
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Critical Assessment ◽  
Entrepreneurial Activity ◽  
Federal Law ◽  
Labour Law ◽  
Labour Relations ◽  
The Russian Federation ◽  
Legal Forms ◽  
Peremptory Norms

The article discusses the current regulatory matters of «Labour Leasing». According to the Federal Law these relations are qualified as labour relations with the legal forms of mediation. The article describes the main provisions of a legislative act. The author gives a critical assessment of the Act and identification provisions used of the contract model and temporary transfer design. The article concludes about non-compliance with the principles of the Act and contractual freedom and general provisions of the Labour Law of the Russian Federation. In addition, the author uses peremptory norms of the Act with determining the form, transfer personnel treaty. It expands attracting subjects of entrepreneurial activity to administrative responsibility.

Licensing Requirement for the Presence of an Educational Organization in the State or the Involvement of Teachers on Another Legal Basis

2020 ◽  
Vol 8 (1) ◽  
pp. 23-31
Author(s):  
S. Feklin
Keyword(s):  
Russian Federation ◽  
Professional Education ◽  
Work Experience ◽  
Professional Standards ◽  
Federal State ◽  
Educational Standards ◽  
Federal Law ◽  
Educational Organization ◽  
Educational Activities ◽  
The Russian Federation

In accordance with Article 46 of the Federal Law of December 29, 2012 No. 273-FZ (as amended on December 2, 2019) “On Education in the Russian Federation”, persons with secondary vocational or higher education and meeting qualification requirements are entitled to engage in pedagogical activities, indicated in the qualification handbooks, and (or) professional standards. Decree of the Government of the Russian Federation of October 28, 2013 No. 966 (as amended on November 29, 2018) “On the licensing of educational activities” established that in the implementation of educational activities, an educational organization should have in staff or engage teachers with professional education on other legal grounds with appropriate qualifications, with the work experience necessary for the implementation of educational activities under the implemented educational programs, and relevant the requirements of Article 46 of the Federal Law “On Education in the Russian Federation”, as well as the requirements of federal state educational standards, federal state requirements and (or) educational standards. The article describes the legal framework for the application of professional standards at the level of an educational organization and examines life situations regarding the application of qualification requirements.

DEVELOPMENT OF NATIONAL SYSTEM OF QUALIFICATIONS IN RUSSIAN FEDERATION: PRACTICE OF APPLICATION OF PROFESSIONAL STANDARDS

2016 ◽  
Vol 5 (6) ◽  
pp. 41-47
Author(s):  
Бутова ◽  
S. Butova ◽  
Скачкова ◽  
Liudmila Skachkova ◽  
Несоленая ◽  
...  
Keyword(s):  
Human Resources ◽  
Human Resource ◽  
Russian Federation ◽  
Human Resources Management ◽  
Professional Standards ◽  
Resources Management ◽  
Development Stages ◽  
National System ◽  
National Qualifications Framework ◽  
The Russian Federation

Currently, human resources management system in the Russian Federation at the micro and macro levels has serious transformation in connection with the formation and development of the National Qualifications Framework: professional standards were put in July 2016; national system of assessment of qualifications will start function in January 2017. The article provides an overview of national qualifications systems, including the European Qualifications Framework. The authors analyze the causes of the development stages and implementation of professional standards in Russia; present in detail the problems of implementation and use of professional standards in the practice of human resource management of modern organizations.

scholarly journals PROFESSIONAL STANDARDS: SPECIFICS OF IMPLEMENTATION IN THE RUSSIAN FEDERATION

2017 ◽  
pp. 51-56
Author(s):  
S. V. Ladauskas ◽  
N. V. Sorokina
Keyword(s):  
Russian Federation ◽  
Information Provision ◽  
Legal Regulation ◽  
Professional Standards ◽  
Scientific Article ◽  
Federal Law ◽  
Func Tions ◽  
Regulatory Information ◽  
The Russian Federation ◽  
Labour Legislation

Currently at the forefront in the development of labour legislation beyond the introduction of professional standards, namely directly regulatory, information provision and decision of issues of legal regulation, improvement of the existing system of qualification requirements to the employees about what will be discussed in this scientific article. Due to the fact that Russian labour legislation does not contain many of the concepts, terms, procedural provisions and the order of introduction of qualification requirements for employees upon hiring, determining work func tions and stuff that is hampering the implementation of main goals and tasks of labour legislation. From July 2016 in Russia, the time has come for professional standards, entered into force article 195.1-195.3 of the Labor code governing the professional standards of the Ministry of labor of Russia (Federal law No. 122-FZ of 2.05.2015). From that time the workers have to regularly confirm their professional satisfaction. In the existing handbooks and the literature requirements for workers is often inaccurate and infrequently updated, and it directly is an important gap to resolve which applied to professional standards, detail of which will be discussed in this scientific article.

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