scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 121
Author(s):  
Alexandra Borimecicova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Migration Policy ◽  
Legal Analysis ◽  
Distinctive Features ◽  
Work Permit ◽  
Right To Work ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

Legal basis of the mechanism of implementation of the constitutional right to social security in the Russian Federation

2019 ◽  
Author(s):  
Павел Байматов ◽  
Pavel Baymatov
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Legal Basis ◽  
Role Of The State ◽  
Municipal Employees ◽  
Wide Range ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The monograph is a study of theoretical and practical problems associated with the implementation of the constitutional right of citizens to social security. It adequately covers the historical and contemporary issues of the right to social security in Russia, studying international experience. The book raises the problem of implementation of the constitutional right of citizens to social security in the Russian Federation in modern conditions, if necessary, reduce the paternalistic role of the state, proposed measures aimed at increasing the role of citizens, identified theses related to the search for the most optimal and effective forms of modernization of the mechanism of realization of the right to social security. The book is addressed to state and municipal employees, deputies of representative bodies of state power and local self-government, researchers, teachers, graduate students, students of Humanities and a wide range of readers.

scholarly journals NON-JURISDICTIONAL FORMS OF PATENT RIGHTS PROTECTION IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Ruslan B. Sitdikov ◽  
Ravil M. Sadykov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Protection ◽  
Negative Consequences ◽  
Patent Holder ◽  
Self Defense ◽  
Patent Rights ◽  
The Russian Federation ◽  
State Registration ◽  
The Right

This article discusses the features of the implementation of non-jurisdictional forms of protection of civil rights (self-defense, claims, mediation) in relation to patent infringements in the Russian Federation. It is noted that the self-defense of patent rights by classical means in non-contractual legal relations is limited due to the peculiarities of the legal nature of the objects of patent rights, namely because of their intangible nature, the general availability of information about them, the presence of state registration, but it is possible to use special means of self-defense: software and hardware, introduction trade secrets, optimization of patenting and legal protection strategies as know-how. It is concluded that it is necessary to specify the provisions of Articles 1252 of the Civil Code of the Russian Federation and Articles 14.1. - 14.3. Federal Law on the Protection of Competition regarding the assessment of good faith / unfairness of the distribution by the patent holder of warnings about the alleged violation of his rights and apply the approach according to which: the patent holder has the right to protect his exclusive right, and also in case of threat of negative consequences from third parties, to disseminate information about the alleged , in his opinion, a violation of his rights, including against the alleged offender, as well as other persons, including buyers / p purchasers of goods, works, services of the patent holder or the alleged infringer, which in itself is not an act of unfair competition.

scholarly journals The problem of unreliability of information in the system of compulsory medical insurance in the context of the implementation of the constitutional right to free medical care

2021 ◽  
Vol 21 (2) ◽  
pp. 206-214
Author(s):  
Veronika A. Fadeeva ◽  
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Insurance ◽  
Relevant Information ◽  
Medical Services ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
The Cost

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals The Problem of Defining Local Self-Government as a Key Actor of a Unified System of Public Power and Admininstration (Analysis of the Problem Field)

2022 ◽  
pp. 17-32
Author(s):  
R. M. Vulfovich
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Point Of View ◽  
Public Power ◽  
Complex Processes ◽  
Fundamental Goal ◽  
The Russian Federation ◽  
The Difference ◽  
The Right ◽  
High Level

The analysis of the problem field is a serious problem from the methodological and methodical point of view. The solution of this problem becomes particularly difficult in cases when the object under study is characterized by a high level of structural and process diversity, has a dynamic character, i. e. it is constantly evolving, and exists in many variants with the presence of the invariant enshrined in international acts and legislation of most states. The end of the last century was a period of rethinking of many concepts that define the complex processes of political and social interaction of various levels and elements of the system of power and public administration in Russia. The adoption of the Constitution of the Russian Federation in 1993 put forward fundamental problems that needed to be solved to move the country along the path of democratization, build a market economy and form an effective governing system. Article 12 of the first chapter establishes the autonomy of local self-government as an institution, guarantees its protection from excessive state influence. This provision reflects the global trend of consolidating the right to local self-government in democratic states. However, the European Charter of Local Self-Government includes a provision on the independence of local self-government in resolving issues of local significance only within the framework of state legislation, i. e. it establishes its subordinate nature. The latter provision automatically makes local self-government part of the unified system of public power and public administration, which is reflected in the corresponding amendment to Ch. 8 of the Constitution of the Russian Federation “Local self-government” in 2020. This makes t relevant he problem of the local authorities ‘ own powers, the division of functions between them and state authorities to achieve the fundamental goal of the modern state — to ensure an optimal uniform quality of life throughout the territory. The purpose of the article is to characterize the problem field in which the concepts of “public power” and “public administration” are defined and analysed in the context of considering local self-government as a key actor of both systems. The objectives of the research are to determine the boundaries of this problem field, its structure, as well as the difference in approaches to this problem in the works of Russian and foreign authors, including scientists from Central Asian countries.

scholarly journals SOME ISSUES OF INVOLVEMENT TO ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF ESTABLISHED INTERIM RESTRICTIVE MEASURES IN THE CONDITIONS OF THE COVID-19 NEW CORONAVIRUS INFECTION PANDEMIC

2021 ◽  
Vol 6(72) (3) ◽  
pp. 331-337
Author(s):  
V. V. Konoplev ◽  
A. V. Basov
Keyword(s):  
Russian Federation ◽  
Well Being ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Definition Of ◽  
Objective Side ◽  
Administrative Code ◽  
Restrictive Measures ◽  
Administrative Responsibility

The article analyzes the issues regarding the definition of some aspects of bringing to administrative responsibility for violation of the established temporary restrictive measures in the context of the COVID-19 pandemic. Special attention is paid to the analysis of changes in the Code of Administrative Offenses of the Russian Federation due to the need to strengthen measures of responsibility in the field of ensuring sanitary and epidemiological well-being. One of the novels are offenses under Part 2, Part 3 of Art. 6.3 Administrative Code, as well as Art. 20.6.1 Administrative Code of the Russian Federation. The features of the objective side of these offenses are established, as well as a list of subjects of these offenses.

scholarly journals Problematic Issues of Protection of Rights and Legitimate Interests of Victims of Crime

Lex Russica ◽  
2019 ◽  
pp. 81-91
Author(s):  
M. A. Zheludkov
Keyword(s):  
Russian Federation ◽  
Modern Society ◽  
Criminal Proceedings ◽  
The Status ◽  
Procedural Code ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Amount Of Knowledge ◽  
Close Relatives ◽  
The Right

The relevance of the article is that in modern society, ensuring a full fight against crime involves including a solution to various problems in the implementation of the rights and legitimate interests of persons against whom the crime has been committed. For example, in the criminal procedure the rights and obligations of “persons involved in the proceedings when checking reports of a crime are explained under the Criminal Procedural Code of the Russian Federation. Alongside it provides the possibility of exercising these rights to the extent that the procedural actions and procedural decisions affect their interests, including the right not to testify against themselves, their spouses and other close relatives, the range of whom is defined in para. 4 of art. 5 of the Criminal Procedural Code of the Russian Federation. Such persons are provided with the right to use the services of a lawyer, as well as to bring complaints about actions (inaction) and decisions of the investigating officer, the head of division of inquiry, the chief of body of inquiry, the investigator, the head of investigative body in the order established by Chapter 16 of the Criminal Procedural Code of the Russian Federation”. Still this sound rule lacks referencing to certain subjects defined in the Criminal Procedural Code of the Russian Federation. This leads to the fact that legal guarantees for persons who have not received the status of a participant in criminal proceedings remain declarative. The analysis of criminal cases revealed many inaccuracies, legislative gaps and contradictions, which play an important role in the fact that individuals or legal entities in respect of whom the crime has been committed do not have procedural rights to protect their interests within the period up to 30 days. The article aims to develop a mechanism for their protection from the moment of registration of a crime report by law enforcement agencies, taking into account a certain amount of knowledge on the activities of persons who were involved in the criminal process.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

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