scholarly journals Restriction of Constitutional Rights and Freedoms by the Law of the Constituent Entitity of the Russian Federation when Regulating the Sale of Non-Alcoholic Tonic Drinks

Lex Russica ◽  
2020 ◽  
pp. 33-41
Author(s):  
E. N. Doroshenko
Keyword(s):  
Russian Federation ◽  
Energy Drinks ◽  
Scientific Data ◽  
Retail Trade ◽  
Fundamental Rights ◽  
Federal Law ◽  
Rights Of The Child ◽  
The Russian Federation ◽  
The Law ◽  
Court Practice

A common practice of imposing various prohibitions and rules in the constituent entities of the Russian Federation, owing to the need to solve acute social problems and achieve constitutionally significant goals, draws attention to the problem of restricting by the law of the constituent entity of the Russian Federation fundamental rights and freedoms of the man and citizen. Using the regulation of retail sale of non-alcoholic toning drinks as a case-study, the paper discusses the relevant legislative work, court practice, conditions and content of imposed restrictions. The laws of the constituent entities of the Russian Federation provide for prohibitions imposed on the sale of non-alcoholic tonic drinks to minors, retail trade in educational and medical organizations, as well as in places holding activities with the participation of young people and the consumption of such drinks by minors in public places. Attempts have been made to adopt a federal law with similar content, but taking into account the negative attitude of the Government of the Russian Federation and arguments concerning the absence of unambiguous scientific data with regard to the harm caused by ”energy” drinks, the State Duma rejected four draft laws. The regional laws’ analysis is carried out in the context of delineation of jurisdictions and powers between federal bodies of state power, sectoral legislative regulation and provisions consolidated in Part 3 Article 55 of the Constitution of the Russian Federation. Restrictions on the sale of “energy” drinks are considered within the framework of the content of the legislation regulating the protection of rights of the child, civil legislation and other legal acts, as well as legal stances of the Constitutional Court of the Russian Federation. The paper has revealed uncertainty in the interpretation of the constitutional provision restricting human rights and freedoms by the federal law, which leads to contradictions in court practice.

scholarly journals «Reboot» of the law of obligations: changes in the Civil Code of the Russian Federation, put by the Federal Law dated 08.03.2015 No. 42-FZ

2015 ◽  
Vol 3 (3) ◽  
pp. 117-134
Author(s):  
Юлия Федорова ◽  
Yuliya Fedorova ◽  
Юлия Лампицкая ◽  
Yuliya Lampitskaya
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Federal Law ◽  
Common Part ◽  
Working Face ◽  
The Russian Federation ◽  
The Law ◽  
Court Practice

The article gives us review of the most important changes, made by the Federal law dated 08.03.2015 No. 42-FZ, in chapter III of the Civil Code of the Russian Federation "Common part of the law of obligations". The authors show the essence of the made changes, give them the estimate, analyze the rules with regard to existing court practice, also they raise disputable points that may arise in practice. The article is written for lawyers and other specialists who while working face the necessity to apply the legislation in force.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals A Citizen of the Russian Federation is a Subject of Public Control in Russia

2020 ◽  
Vol 20 (4) ◽  
pp. 464-468
Author(s):  
Tatyana V. Troitskaya ◽  
Keyword(s):  
Civil Society ◽  
Social Control ◽  
Citizen Participation ◽  
Russian Federation ◽  
Public Awareness ◽  
Limited Range ◽  
Federal Law ◽  
Public Control ◽  
The Russian Federation ◽  
The Law

Introduction. Public control is an attribute of a developed civil society in the state. In Russia, the Federal law regulating the procedure for public control was adopted in 2014. This law has established a limited range of subjects of public control in Russia, however, current legislation indicates the actual inclusion of other subjects not stipulated in the law in this mechanism. A citizen of the Russian Federation is not directly listed by the Federal law as a subject of public control, however, the law provides for forms of participation of citizens in the process under consideration. Theoretical analysis. Russia today stands on the path of democratic transformation of all state institutions. The implementation of fundamental constitutional provisions regarding the recognition of human and civil rights and freedoms as the highest value is impossible without the functioning of instruments of public control over the activities of public authorities. Developed democracy presupposes the exercise of public control by the entire multi-level system of civil society institutions, with the citizen at the center. Empirical analysis. The analysis of the content of the Federal law “On fundamentals of public control in the Russian Federation” from the point of view of consolidation of constituent entities of social control and forms of its implementation, allows to conclude that, in fact, the law duplicated the forms of social control and subject composition fixed earlier by the Federal law “On Public chamber of the Russian Federation. The current legislation indicates that the central link in the number of subjects of public control are public chambers and public councils operating in Russia and that there are no legal guarantees of citizen participation in the implementation of public control. Results. The current development of the procedure for implementing public control in Russia implies the need for legislative consolidation of direct forms of participation of citizens of the Russian Federation in this mechanism. Direct forms of such participation can be: appeals to state authorities and local self-government bodies in the form of proposals with wide public awareness via Internet resources; participation of citizens in the electoral process as public observers; participation as a member of the public chamber of any territorial level of the organization; participation as members of public associations and other non-governmental non-profit associations; participation as public inspectors and experts on the initiative of Russian citizens.

scholarly journals Issues of interaction and cooperation between prescribers and pharmaceutical companies

2013 ◽  
Vol 6 (3) ◽  
pp. 4-8
Author(s):  
Natalya Arkadyevna Morozova
Keyword(s):  
Pharmaceutical Industry ◽  
Russian Federation ◽  
Medical Condition ◽  
Medical Knowledge ◽  
Pharmaceutical Companies ◽  
Specific Drug ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

The prescription of a specific drug to treat a patient is influenced by the patient’s medical condition, the prescriber’s medical knowledge, and the pharmaceutical industry’s influence on the prescriber. This paper describes the different areas of interaction and cooperation between the prescriber and the pharmaceutical industry. This relationship is discussed in light of the requirements of the Federal law of the Russian Federation regarding the restrictions imposed on the prescribers. Problems of application of the standards of the law are discussed and ways of elimination of gaps of the legislation are offered.

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