scholarly journals Social and Legal Aspects of the Professional Status of Trustees in Bankruptcy in the Context of the Reform of the Institution of Bankruptcy in the Russian Federation

REGIONOLOGY ◽  
2021 ◽  
Vol 29 (4) ◽  
pp. 956-979
Author(s):  
Sergey V. Polutin ◽  
Roman V. Motkin ◽  
Vladislav N. Motkin

Introduction. The relevance of the research consists in expanding theoretical developments in the field of economic sociology, particularly, in prognosticating changes in the social and legal aspects of the professional status of trustees in bankruptcy in the context of the State Duma's consideration of the draft law No. 1172553-7 “On Amendments to the Federal Law ‘On Insolvency (Bankruptcy)’ and to Certain Legislative Acts of the Russian Federation”. Based on the results of the conducted research, the article identifies potential changes in the socio-professional status of a trustee in bankruptcy in the event the new law is adopted and enacted. Materials and Methods. The information base of the study included a secondary analysis of the array of statistical data on the results of insolvency proceedings in 2016-2020 in the Russian Federation (including the regional context), as well as a secondary analysis of the latest domestic legal framework governing the activities of the institution of bankruptcy. Results. The factors in the liquidation orientation of the institution of insolvency in the Russian Federation, as well as the trends in the increase in duration of insolvency proceedings with a minimum number of satisfied creditor claims have been identified; counterarguments have been presented regarding the alleged low efficiency of trustees in bankruptcy; arguments concerning the annual increase in the workload of trustees in bankruptcy have been statistically supported. A critical analysis of the draft law has been performed; the risks of decline in wages of trustees in bankruptcy in the event of adoption of the proposed changes in the structure of fixed and percentage-based remuneration have been identified. Legal gaps in the proposed point-rating system for the approval of trustees in bankruptcy have been identified. Discussion and Conclusion. The performed analysis made it possible to reveal the main trends in the results of insolvency proceedings, as well as to identify a number of critical shortcomings of the draft law No. 1172553-7 under consideration (change in the structure of remuneration for trustees in bankruptcy, as well as introduction of a rating system for evaluating their activities). The results of the study may be useful to scientists specializing in economics and law, as well as to experts in the field of insolvency.

2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.


Author(s):  
Vasilii Aleksandrovich Iakovlev-Chernyshev

The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.


Author(s):  
V. N. Shchedrin ◽  
◽  
I. P. Abramenko ◽  
S. A. Manzhina ◽  
◽  
...  

Purpose: analysis of the regulatory and legal tools aimed at creating conditions for the sustainable functioning of agro-industrial territories of advanced development (hereinafter – APTOR) based on the use of reclamation technologies within the framework of the current legislation of the Russian Federation. Materials and methods. Analysis of the regulatory documentation in the field of agro-industrial sector made it possible to identify the required amendments to the legislation in the field of land reclamation in order to create the APTOR. Using the existing experience of the target direction of subjects with the status of advanced development territories, they proposed APTOR as a kind of variety based on reclamation technologies, the latter being a mechanism that stimulates the intensification of agricultural activity. It has been determined that the interaction of various subjects of state power and management on the creation of territories of advanced development is carried out in accordance with the Constitution of the Russian Federation and the current federal legislation. Conclusions. Currently, in the current legal framework of the Russian Federation, the projects to create advanced development territories, of which there are more than 100 today are being implemented. It is advisable to concretize the concept of “agro-industrial territory of advanced development” in a separate chapter of the current Federal Law no. 473 of December 29, 2014 “On Territories of Advanced Socio-Economic Development in the Russian Federation”.


2020 ◽  
Vol 92 (3) ◽  
pp. 202-211
Author(s):  
E. V. Shengalts ◽  

The article considers the institutional aspects of inclusive education as a social institution, describes its basic concepts, features and characteristics. Entering inclusive education in the Russian Federation is revealed through an analysis of the normative legal framework and it is concluded that a sufficient legal framework has been created for the integration of children with disabilities and disabilities into the field of education. Based on the analysis of statistical information and secondary analysis of sociological data, the author notes: the tendency to increase the number of children with HIA and disability in the total number of students in general education institutions of the Russian Federation, including in the federal districts; The tendency of positive dynamics of tolerance towards these social groups of children on the part of society and, in particular, young people.


2021 ◽  
Vol 27 (11) ◽  
pp. 2548-2574
Author(s):  
Andrei I. MASTEROV

Subject. This article analyzes the economic and demographic conditions for the Russian pension system’s development and the impact of the effectiveness of investment projects implementation on pension savings. Objectives. The article aims to analyze the Russian pension system’s development difficulties in terms of an unfavorable investment climate and negative demographic trends, and identify ways to propel the pension savings investing profitability increase. Methods. For the study, I used induction and deduction, and the methods of systems and statistical analyses. Results. The article offers recommendations for the development of a system of measures aimed at improving the methodological support for the preparation and implementation of management decisions on investment project management. Conclusions and Relevance. Solving the problems of the pension system through the development of voluntary pension savings is constrained by the low efficiency of the investment projects implementation. The results of the study can be used when developing legislative, organizational and methodological measures aimed at improving the efficiency of investing pension savings in investment projects implemented in the Russian Federation.


2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.


Author(s):  
Екатерина Викторовна Глебова

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.


2021 ◽  
Vol 93 ◽  
pp. 03018
Author(s):  
А.А. Ugryumova ◽  
М.P. Zamakhovsky ◽  
О.Yu. Grishaeva ◽  
L.Е. Pautova

The article presents the modern legal framework for the restoration and development of the land reclamation industry in the Russian Federation; specifics of the implementation of the State Program for the Development of Agriculture and the regulation of markets for agricultural products, raw materials and food, considering the implementation of the departmental program "Development of the Land Reclamation Complex of the Russian Federation". The formulation and content of the concept of the socio-economic potential of amelioration of the country have been concretized, which made it possible to identify the target orientation of such private potentials of the industry as: resource, innovation and technical, investment and entrepreneurial, economic, regulatory, social and personnel and information and digital. The classification of factors influencing the social and economic potential of land reclamation in the Russian Federation was substantiated and the relationship between the leading groups of these factors, focused on the financial and investment potential of agricultural producers, government support and the level of demand for agricultural products, was visualized. The official documents are detailed, which allow to manage the personnel potential of the industry, as the most important component of its reclamation potential. Sectoral guidelines for the development and formation of ameliorative potential at the federal level and the importance of regional programs for the development of rural areas are outlined. In the course of the study, it was revealed that there was no relationship in the regulatory documents on the formation and development of the potential of the reclamation industry of the agroindustrial complex, and it was concluded that it was necessary to improve the mechanisms of regulatory and methodological tools.


2021 ◽  
Vol 2142 (1) ◽  
pp. 012010
Author(s):  
V A Kostesha ◽  
D A Shapovalov ◽  
I K Kolesnikova ◽  
D A Biryukov ◽  
A A Chetverikova

Abstract This article reveals the topic of the implementation of information modeling in the legislation of the Russian Federation. The world experience of creating information models of capital construction and the main features of control and standardization of BIM formation are considered. The analysis of the existing legal framework is carried out in relation to the responsibilities of organizations for the formation and maintenance of information models. The scheme of the life cycle of the model was developed. The article is related to the field of highways property complex management. The main features of the formation of BIM roads, their systematization, storage and regular updating were identified. As a result of the study, a geoportal of highways was developed for the modernization of the land and property complex management of highways. It serves as the basis for geoinformation support for information modeling, cadastral, urban planning, inventory and other works on highways. Conclusions and recommendations for the further development of this area in the territory of the Russian Federation are presented.


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