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.

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.

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).

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.

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.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

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.”

The Effectiveness of Control and Supervisio№ Activities i№ the Field of Education

2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina
Keyword(s):  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Judicial Decisions ◽  
Government Oversight ◽  
Municipal Employees ◽  
Effi Ciency ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Defense of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, annually the government oversight(supervision) authorities, the bodies of municipal control in accordance with the procedure established by the Government of the Russian Federation, prepare reports on the eff ectiveness of their activities. At the same time, the legislator did not formulate the defi nition of “eff ective control (supervision)”, and effi ciency reports are based primarily on quantitative indicators (information on state (municipal) employees, the number of inspections, the size of fi nes, a list of violations detected and prosecuted persons, information on Judicial decisions, otherwise). The authors of the article, analyzing the normative legal acts, studied the practice of conducting inspections in the sphere of education of Moscow and other subjects of the Russian Federation, set forth a scientifi c view on the effi ciency of control and supervision activity, propose a model, as well as indicators for assessing the eff ectiveness of inspections in education.

scholarly journals PECULIARITIES OF ALIENATION OF LEGAL ENTITY’S PROPERTY DURING BANKRUPTCY PROCEEDINGS/ COMPARATIVE LEGAL ANALYSIS OF THE SPECIAL LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Entity ◽  
Financial Difficulties ◽  
Procedure Code ◽  
Bankruptcy Procedure ◽  
The Russian Federation ◽  
Legal Entities

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal law.

Sign in / Sign up

Export Citation Format

Share Document