Organizational and Legal Bases of State Regulation of Educational Activity

2016 ◽  
Vol 4 (6) ◽  
pp. 23-31
Author(s):  
Фёклин ◽  
Sergey Feklin
Keyword(s):  
Russian Federation ◽  
Legal Aspects ◽  
State Regulation ◽  
Educational Activity ◽  
Educational Institutions ◽  
State Control ◽  
Federal Law ◽  
Educational Organization ◽  
The Russian Federation ◽  
Legal Entities

In the Russian Federation verifi cations in the fi eld of education are carried out by the authorized authorities and in the manner prescribed by law. The main legal acts in the fi eld of control and surveillance activities are the Federal Law “On Education in the Russian Federation”, Federal Law “On protection of rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” and the Federal Law “On licensing of certain activities”. The head of the audited educational organization in order to enhance their legal awareness when dealing with the inspectors must be aware of their rights, obligations and the measures taken in the case of violations of the law. The article describes and comments on the organizational and legal aspects of inspections of educational institutions and organizations engaged in training.

Control and Supervision in Education: FAQ on Recent Update

2015 ◽  
Vol 3 (3) ◽  
pp. 17-23
Author(s):  
Фёклин ◽  
Sergey Feklin
Keyword(s):  
Federal Government ◽  
Russian Federation ◽  
State Power ◽  
State Regulation ◽  
Educational Activity ◽  
Government Control ◽  
Federal Law ◽  
Or Groups ◽  
The Russian Federation ◽  
State Accreditation

Federal law of 31.12.2014 № 500-FZ “On Amending Parts of Certain Legislative Acts of the Russian Federation» has significantly changed State regulation of education in the frame of Federal law of 29.12.2012 № 273-FZ “On Education in the Russian Federation”. Federal law of 29.12.2012 № 273-FZ “On Education in the Russian Federation” has been amended to optimize the following procedures: – State accreditation of educational activity; – System of actions taken by education control and supervision organs towards educational institutions, bodies of state power of the subjects of the Russian Federation conducting governmental management of education, bodies of local self-government conductingmanagement of educationbased on the results of inspection of federal government oversight of education and federal government control of education quality; – Distribution and control figures of admission for professions, programs, majors and (or) groups of professions, programs, majors. The article explicitly generalizes, explains and comments on questions coming from the bodies of state power of the subjects of the Russian Federation exercising the authority of state control (supervision) of education. The author covers procedural issues of control and supervision as a matter of education legislation effective since 11.12.2015. Article consists of detailed answers to questions.

Efficiency and Effectiveness of Prevention of Violations of Mandatory Requirements in the Field of Education

2020 ◽  
Vol 8 (2) ◽  
pp. 16-22
Author(s):  
S. Feklin
Keyword(s):  
Russian Federation ◽  
Effective Control ◽  
State Control ◽  
Federal Law ◽  
Efficiency And Effectiveness ◽  
The Status ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators ◽  
Legal Entities

In accordance with the Federal Law of December 26, 2008 No. 294-ФЗ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”, state control (supervision) bodies and municipal control bodies are required to: organize and carry out measures to prevent violations of mandatory requirements, including without interaction with legal entities, individual entrepreneurs; take measures prescribed by law to suppress and (or) eliminate the consequences of identified violations; systematically monitor the fulfillment of mandatory requirements, analyze and predict the status of compliance with mandatory requirements when carrying out activities by legal entities, individual entrepreneurs; annually in the manner established by the Government of the Russian Federation, report on the effectiveness of their activities. At the same time, the legislator did not formulate the definitions of the terms “effective control (supervision)” and “prevention of violations” in the field of education, and the reports on effectiveness and prevention are reduced mainly to quantitative indicators of measures taken, warnings issued, prepared materials, etc. The author of the article, having studied the normative legal acts, having analyzed the practice of carrying out preventive measures in the field of education in the city of Moscow and other subjects of the Russian Federation, presents a scientific look at the institute of the effectiveness and efficiency of prevention in the field of education, gives the results of studies on this issue (using the example of the metropolitan education system).

Performance Efficiency of an Educational Establishment: Criteria, Indicators, Forecasts

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Ольга Еремина ◽  
Olga Yeryemina
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Performance Indicators ◽  
Assessment System ◽  
Educational Institutions ◽  
Educational Organizations ◽  
Federal Law ◽  
Educational Organization ◽  
The Russian Federation

Legal basis of the assessment system efficiency of the educational institutions founded by the Federal Law “On Education in the Russian Federation” and the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation on an Independent Assessment of the Quality of Service Delivery Organizations in the Sphere of Culture, Social Services, Health and Education”. It has developed an extensive practice of regional, municipal and local regulatory evaluation of the effectiveness of educational organizations. As a result, educational institutions are closely monitored both by the founder — the state authorities at federal, regional and municipal levels, and by society — consumers of educational services. Approved by the extensive list of criteria, the performance indicators of educational organizations. In addition, it introduced several types of evaluation procedures: assessment of the effectiveness of the educational organization, carried out by the founder, independent evaluation of the quality of education, self-examination, monitoring the effectiveness of educational organizations. Each of these assessment procedures contains a certain number of performance indicators of the educational organization. The author analyzes the figures approved for the purpose of determining an effective way of educational organization on the basis of existing regulatory reality.

Risk-Oriented Approach to the Realization of Monitoring and Supervising Activity in the Educational Sector

2016 ◽  
Vol 4 (5) ◽  
pp. 43-47
Author(s):  
Ладнушкина ◽  
N. Ladnushkina ◽  
Фёклин ◽  
Sergey Feklin
Keyword(s):  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
Oriented Approach ◽  
Legal Entities

In accordance with the Federal Law of 13.07.2015 N 246-FZ “On Amendments to the Federal Law “On protection of rights of legal entities and individual entrepreneurs in monitoring of state control (supervision) and municipal control “occurred amendments in the organization of checks, including education. Director of the school, who observes the legislation and (or) does not allow violations may learn that his institution is not included in the planned inspection in the coming year and (or) subsequent years. The article describes and comments the changes in the legislation concerning the most important aspects of the planned inspections of educational institutions and organizations engaged in training. The authors describe an approach to the implementation of control and supervisory activities in the fi eld of education in terms of the current legislation and draft law on the control of the Russian Federation.

Proactive Roleof Control and Supervisory Activity in the Field of Education

2017 ◽  
Vol 5 (5) ◽  
pp. 10-16 ◽  
Author(s):  
С. Феклин ◽  
S. Feklin
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
The City ◽  
Legal Entities

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, the warning, detection and suppression of violations by legal entities, their leaders and other offi cials, individual entrepreneurs, their authorized representatives of the requirements established by law. At the same time, the legislator did not formulate the notion and signs of “warning” in the sphere of control (supervision), did not specify the list of preventive measures, allowing the executive authorities to independently determine the odds, types, timeframes, methods and solve other problems of preventing violations of legislation by the controlled entities. The author of the articlehas analyzed the normative legal acts, studied the practice of conducting inspections in the sphere of education in the city of Moscow and other subjects of the Russian Federation, describes a possible system of preventive measures when conducting control and supervisory activities in the fi eld of education.

Risk-oriented Model of the Organization and Implementation of the Federal State Energy Supervision

2021 ◽  
pp. 76-81
Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Energy ◽  
Federal State ◽  
Economic Damage ◽  
Risk Category ◽  
State Control ◽  
Federal Law ◽  
Emergency Situations ◽  
Vital Functions ◽  
The Russian Federation

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.

Control (supervisory) measures: innovations of Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”

2021 ◽  
pp. 25-32
Author(s):  
O.V. Shinkareva ◽  
V.A. Dikikh
Keyword(s):  
Russian Federation ◽  
Control Measure ◽  
Control Measures ◽  
State Control ◽  
Federal Law ◽  
Field Inspection ◽  
Control Actions ◽  
The Russian Federation

The article is devoted to the analysis of the types of control measures that will be carried out in accordance with Federal Law No. 248-FZ of the “On State Control (Supervision) and Municipal Control in the Russian Federation”, the main provisions of which will enter into force on July 1, 2021. This law also applies to the activities of organizations that are subject to licensing. Types of control (supervisory) measures are considered, in particular, control and monitoring procurement, inspection visit, raid inspection, documentary and field inspection, as well as monitoring compliance with mandatory requirements and field examination. The essence of each type of control measure, the basis for carrying out the measures, control actions that can be used in their implementation are analyzed.

scholarly journals The Principle of Responsibility for the Efficiency of Provision of State and Municipal Needs, Procurement Efficiency

2020 ◽  
Vol 15 (8) ◽  
pp. 75-83
Author(s):  
A. E. Katvalyan
Keyword(s):  
Russian Federation ◽  
Cost Effective ◽  
Federal Law ◽  
The Russian Federation ◽  
Legal Entities

The paper is devoted to the discussion of the principle of responsibility for the efficiency of provision of state and municipal needs, procurement efficiency. The paper investigates the balance between the principle of efficiency of procurement and the principle of efficiency of the use of budgetary funds consolidated in the Budget Code of the Russian Federation. The author underlines that the former principle complements the later. The author compares the principle of efficiency of procurement set forth in Federal Law of April 5, 2013, No. 44-FZ “On the contract system in the sphere of procurement of goods, works, services to ensure state and municipal needs,” and the principle of targeted and cost-effective spending of monetary funds enshrined in the Federal Law of July 18, 2011, No. 223-FZ “On procurement of goods, works, services by certain types of legal entities.” It is pointed out that in order to evaluate the effectiveness of procurement it is necessary to identify the main objectives and specific objectives, achievement of which will enable the evaluation of procurement as “effective” and “meaningful.”

Geographical Indications in Russia: Federal Law 230-FZ of 26 July 2019

2021 ◽  
Author(s):  
Natalia Kapyrina ◽  
Viacheslav Rybchak
Keyword(s):  
Ethyl Alcohol ◽  
Russian Federation ◽  
Civil Code ◽  
State Regulation ◽  
Geographical Indications ◽  
Federal Law ◽  
The Russian Federation

Abstract Federal Law 230-FZ of 26 July 2019 modifying Part Four of the Civil Code of the Russian Federation and Arts. 1 and 231 of the Federal Law ‘On State Regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limitation of the consumption (drinking) of alcoholic products’

ANALYSIS OF THE MAIN PROVISIONS OF THE FEDERAL LAW NO 248-FZ DATED 31.07.2020 “ON STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL IN THE RUSSIAN FEDERATION”

2020 ◽  
pp. 26-32
Author(s):  
Дмитрий Сергеевич Адамов ◽  
Евгений Вячеславович Козырев ◽  
Игорь Владимирович Костерин ◽  
Владимир Александрович Сорокин ◽  
Наталья Олеговна Щеголева
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

В статье рассмотрены основные положения Федерального закона от 31.07.2020 г. № 248-ФЗ «О государственном контроле (надзоре) и муниципальном контроле в Российской Федерации», который вступает в силу с 1 июля 2021 года. Проанализированы изложенные в Федеральном законе процессуальные основы осуществления государственного и муниципального контроля, акцент которых сделан на профилактические мероприятия. The article considers the main provisions of the Federal law No 248-FZ dated 31.07.2020 “On state control (supervision) and municipal control in the Russian Federation”, which comes into force on July 1, 2021. The article analyzes the procedural bases of state and municipal control expounded in the Law. The focus of these bases is on preventive measures.

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