scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

scholarly journals LAW ENFORCEMENT AS THE CEMTRAL POINT IN ESTABLISHING AN ELECTRONIC STATE: CHALLENGES OF “NEW REALITIES”

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Анна Головина ◽  
Anna Golovina ◽  
Николай Черногор ◽  
Nikolay Chernogor ◽  
Юлия Кашеварова ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Electronic State ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
International School ◽  
Legal Order ◽  
Information Revolution ◽  
The Russian Federation ◽  
The Government

The currently ongoing information revolution has become one of the most significant perquisites for the formation of a new legal order — “new realities”, characterized by the formation of “electronic state“. The challenges of this “new reality” make search for science-based solutions ever more topical, including the means and methods and technologies for legal regulation with regard to public relationships. An attempt to look for said mechanisms was undertaken by the participants of the XI International School for young scholars — jurists “Effective law enforcement: doctrine and practice”. It was held at the Institute of Legislation and Comparative law under the Government of the Russian Federation on May 27, 2016. One of the sections of said School was dedicated to “Law enforcement in the light of formation of electronic state“. The article contains summary of the discussions and the outcomes.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

Tax Responsibility of Banks for Non-Execution of Tax Authorities’ Decisions: Legislative Regulation and Law Enforcement Practice

2020 ◽  
Vol 10 (2) ◽  
pp. 461
Author(s):  
Ekaterina Alexandrovna BOCHKAREVA ◽  
Svetlana Valerievna KOZHUSHKO ◽  
Kamil Shamilievich KHAMIDULLIN ◽  
Ekaterina Alexandrovna FARIKOVA
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Research Issue ◽  
Legislative Regulation ◽  
Integrated Interpretation ◽  
The Russian Federation ◽  
The Right ◽  
Improvement Of Legislation

The research issue is to identify the shortcomings of legal management of tax responsibility of banks in case of their non-execution of tax authorities’ decisions, as well as to define the possible directions of improvement of legislation and law enforcement practice in this sphere. The aims and objectives of the research are as follows: (1) to analyze the provisions of Article 134 and Article 135 of the Tax Code of the Russian Federation, which establish the responsibility of banking organizations as participants of the fiscal relations and to analyze the application of provisions of these articles by judicial and tax authorities; (2) to identify the problems of bringing to responsibility credit banking organizations for their non-execution of tax authorities’ decisions; (3) to develop recommendations for improvement of legal regulation. The methods of the research include analysis, analogy, legalistic method and integrated interpretation. The results of the research are as follows. It has been justified that the sum of debt of a taxpayer, established to bring banks to legal responsibility under Article 134 of the Tax Code of the Russian Federation, shall not include the sums of fines and penalties, as the bank is not a real participant of legal relations ‘tax authority – taxpayer’ and is deprived of the right to appeal the sum, which serves as the basis for establishing the sum of fine.  

scholarly journals Constitutional right of citizens to participate in the administration of justice: current development issues in the Russian Federation

2021 ◽  
pp. 116-128
Author(s):  
Albina Olegovna Shikhovtsova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Current Development ◽  
Criminal Cases ◽  
Forecasting Methods ◽  
Administration Of Justice ◽  
Key Issues ◽  
The Russian Federation ◽  
Constitutional Right

This research is dedicated to exercise of the constitutional right of citizens to participate in the administration of justice in the Russian Federation. The relevance of the selected topic is substantiated by the retained problems of legal regulation of the mechanism for engaging citizens in such participation. The article employs formal-legal, system-structural, and forecasting methods, as well analysis, synthesis, deduction, induction, and dialectical method. The author examines the polemical on implementation of the constitutional right to participate in the administration of justice, and current problems to exercising such right by citizens of the Russian Federation. The novelty of this work lies in determination of the key issues in implementation of the constitutional right of citizens to participate in the administration of justice, as well as in the recommendations for their solution. The author explores the problems of functionality of the institutions of arbitration and jury; assess the proposals of the legal community on potential expansion of the scope of work of the jury. The conclusion is made on the need for amending legal regulation on the procedure of formation of jury; adoption of measures aimed at changing the attitude of citizens towards administration of justice; making adjustments to legal regulation of the procedure of formation of jury; preliminary expansion of jurisdiction of criminal cases to the court with participation of jury; and inexpediency of extending the scope of work of the jury onto civil disputes.

CRIMINAL LEGAL ASPECTS OF THE INVOLVEMENT OF MINORS IN THE EXTREMIST CRIMES

2021 ◽  
pp. 41-46
Author(s):  
Динара Мансуровна Латыпова
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Theoretical Understanding ◽  
The Supreme Court ◽  
Legislative Regulation ◽  
The Subject ◽  
The Russian Federation

В статье проведен анализ видов преступлений экстремистской направленности, обоснована актуальность исследования составов. В рамках рассмотрения темы исследуются вопросы квалификации вовлечения несовершеннолетних в совершение преступлений экстремистской направленности. Анализируются проблемные вопросы толкования понятий рассматриваемой темы, законодательная регламентация, пробелы правового регулирования. Анализ объективных и субъективных признаков двух групп преступлений - вовлечения несовершеннолетних в совершение преступлений и преступлений экстремистской направленности - обеспечил возможность выявить специфику и особенности квалификации таких деяний. Исследованы правила квалификации вовлечения несовершеннолетних в преступления экстремистской направленности, выведенные из соотношения элементов исследуемых составов преступлений. Рассматриваются вопросы окончания преступных деяний, особенности определения признаков субъекта, а также особенности признаков объективной стороны составов. Сделаны выводы о проблемах и опасности преступлений экстремистской направленности на основе теоретического понимания вопроса в его соотношении с материалами правоприменительной практики, а также об особой опасности вовлечения в экстремизм несовершеннолетних. На основе выявленной проблематики вопроса обозначена необходимость дополнения постановлений Пленума Верховного суда РФ разъяснениями по вопросам вовлечения несовершеннолетних в экстремизм. The article analyzes the types of crimes of extremist orientation, substantiates the relevance of the study of the compositions. As part of the consideration of the topic, the issues of qualification of involving minors in the commission of extremist groups are being investigated. Problematic issues of interpretation of the concepts of the topic under consideration, legislative regulation, gaps in legal regulation are analyzed. Analysis of the objective and subjective signs of two groups of crimes - the involvement of minors in the commission of crimes and extremist crimes made it possible to identify the specifics of the involvement of minors in the commission of extremist crimes and the specifics of the qualification of such acts. The rules for qualifying the involvement of minors in crimes of an extremist orientation, derived from the ratio of elements of the investigated corpus delicti, have been investigated. The article examines the issues of ending criminal acts, as well as the specifics of determining the characteristics of the subject. Conclusions are made about the problems and danger of extremist crimes on the basis of a theoretical understanding of the issue in its relation to the materials of law enforcement practice, as well as the special danger of involving minors in extremism. On the basis of the identified problematics of the issue, it is indicated that it is necessary to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation on extremist cases with clarifications on the involvement of minors in their commission.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

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