scholarly journals Laws on normative legal acts of the cis countries — indicators of informatization and digitalization processes in the legislation system

2019 ◽  
pp. 22-33 ◽  
Author(s):  
S. V. Lipen
Keyword(s):  
Data Bank ◽  
Legal Regulation ◽  
Internet Resource ◽  
Reference Systems ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Internet Information ◽  
The Russian Federation ◽  
Russian Law ◽  
Cis Countries

The Russian Federation has not adopted any law regulating normative legal acts, whereas in a number of CIS countries such laws have been in force for almost two decades, and the legal regulation of relations in question is being constantly improved. This experience may well be taken into account in domestic research, including the studies aimed at providing scientific support of the law-making activity. The last quarter of the 20th century is characterized by digitalization and informatization of the legal system; laws on normative legal acts of the CIS countries can serve as quite good indicators of these processes. They demonstrate modern trends in the development of legislation with due regard to the information capabilities of the Internet, information and reference systems. Computer technologies are actively used to represent legislation in electronic form (register, data bank, including Internet resource), to promulgate and bring into legal force normative legal acts, to provide access to the current legislation (including publication of adopted normative legal acts in unofficial information and reference systems, on websites of state bodies, non-governmental organizations) in activities aimed at systematizing legislation. Comparative legal characteristics of the legislation of the CIS countries may well be in demand during the development and discussion of the draft Russian Law on normative legal acts.

scholarly journals Information Technologies in Legislative Activity

Lex Russica ◽  
2019 ◽  
pp. 111-120 ◽  
Author(s):  
S. V. Lipen
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Legislative Process ◽  
Internet Resources ◽  
Current Trends ◽  
Internet Information ◽  
The Russian Federation ◽  
Legislative Activity ◽  
Russian Law ◽  
Cis Countries

The Russian Federation has not adopted a law on normative legal acts, in a number of CIS countries similar laws have been in force for almost two decades, and the legal regulation of these relations is constantly being improved. This experience may well be taken into account in domestic studies, including those aimed at scientific support of legislative activity. The last quarter of the century is characterized by digitalization and informatization of the legal system, laws on normative legal acts of the CIS countries can serve as quite good indicators of these processes. They clearly demonstrate the current trends of recording the information capabilities of the Internet, information and reference systems under the law, the use of other computer technologies in legislative process. In a number of countries, there is an experience of active use of electronic document circulation in carrying out examinations, in forecasting the consequences of regulatory legal acts adoption when approving and directing them into a law-making body. The publication of draft normative legal acts on Internet sites and their public discussion using Internet resources is becoming an almost mandatory element of publicity of lawmaking activities. The comparative legal characteristics of the legislation of the CIS countries may well be in demand in the development and discussion of the draft Russian law on normative legal acts.

scholarly journals CONSTITUTIONAL-LEGAL REGULATION OF NON-GOVERNMENTAL ORGANIZATIONS IN THE RUSSIAN FEDERATION: REGIONAL ASPECT

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Human Right ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regional Aspect ◽  
Regulatory Impact ◽  
The Russian Federation

The article is devoted to the analysis of the legislation of federal subjects of the Russian Federation in the sphere of regulation of non-governmental organizations’ activities. This study was carried out on the basis of the comparative law method as a way to protect the human right to association. The article examines the problems of regional legislation quality, completeness and effectiveness of its regulatory impact on civil society in federal subjects of the Russian Federation. The author tries to answer the question what the purposes are for the existence of regional legislation on human rights. The emphasis is on the regional regulation of support for nongovernmental organizations on the part of the authorities of federal subjects of the Russian Federation. The article touches upon the problems of regulation through regional laws of the activities of religious organizations as a form of non-governmental organizations. The author concludes that regional legislation in the sphere of regulation of non-governmental organizations’ activities in most regions is fragmented and unsystematic, and the purposes of its existence for the protection and creation of additional guarantees of constitutional human rights in the territory of federal subjects of the Russian Federation are performed only partially.

scholarly journals Civil Law Constructions in Social Service Legislation

2020 ◽  
Vol 17 (4) ◽  
pp. 465-474
Author(s):  
I. V. Grigor'ev
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Effective Means ◽  
Legal Regulation ◽  
Private Law ◽  
Federal Law ◽  
Disabled People ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Russian Federation

The article analyzes the problems of legal regulation of social services that arise in connection with the use of private law principles in the legislation on social services (contractual structures, the involvement of non-state providers of social services, the introduction of competitive principles, etc.). On January 1, 2015, the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the Russian Federation” entered into force, which made significant changes to the system of social services. In this regulatory legal act, a complex of legislative novelties was implemented, aimed at overcoming the crisis situation in social services. It was assumed that ensuring a competitive environment, including through the provision of social services on a contractual basis, would improve their quality, and the involvement of non-governmental organizations would solve the problem of the availability of social services. However, an analysis of the provisions of the current federal legislation and the legislation of the constituent entities of the Russian Federation revealed certain problems of legal regulation that impede the achievement of the goals set (violation of the continuity of legislation, the use of certain private law elements of legal regulation in the regulation of public law relations, etc.). Based on the results of the study, the Author concludes that the goals set for the legislator have not been fully achieved. The involvement of non-state providers of social services did not solve the problem of accessibility of social services. At the same time, at the federal and regional levels, a legal space has been created for “delegating” certain state functions to private organizations, the effectiveness of which raises objective doubts. The use of some private law elements of legal regulation (for example, the legal structure “contract”) does not serve the purpose of ensuring the guarantee of social services, but entails further “commercialization” of relations in the field of social services. The article also examines the experience of using so-called hospital-replacing technologies in certain constituent entities of the Russian Federation (creation of foster families for disabled people and citizens living alone). The Author comes to the conclusion that hospitalreplacing technologies can hardly be considered a really effective means of solving the problem of the availability of social services due to the low level of fees received for caring for single citizens and (or) disabled people.

Sustainability reference systems and indicators for responsible marine capture fisheries: a review of concepts and elements for a set of guidelines

2000 ◽  
Vol 51 (5) ◽  
pp. 385 ◽  
Author(s):  
S. M. Garcia ◽  
D. J. Staples
Keyword(s):  
Sustainable Development ◽  
Code Of Conduct ◽  
Reference Points ◽  
Visual Methods ◽  
Reference Systems ◽  
Policy Makers ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Sustainability Concept ◽  
Different Dimensions

This review was prepared as a background document for the Consultation on Sustainable Indicators for Capture Fisheries held in Sydney, Australia, 18–22 January 1998. It aims to facilitate the development and implementation of indicators and to serve as a basis for the development of part of the series of Technical Guidelines in Support of the FAO Code of Conduct for Responsible Fisheries. The paper reviews the concept of sustainable development (‘sustainability’). Five sustainability frameworks are suggested for developing and grouping indicators. A discussion of the criteria that could be used to measure and monitor progress towards sustainability includes the types of possible indicators, their use within the sustainability concept, use of reference points on which to compare indicators and their relation to planning and management. Sustainable Development Reference Systems are introduced as a tool for grouping indicators and representing the interrelationships among them. Visual methods of portraying the human and environmental dimensions of sustainability and their indicators can be broadened to permit temporal and spatial comparisons. These, combined with systems to scale the different dimensions to reflect different societal values of their importance, can assist policy makers, fisheries managers, industries, non-governmental organizations and the general public in understanding and assessing progress towards sustainable development of capture fisheries.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals Remedy of the Accumulated Environmental Damage: From Legislative Experience of Different Countries to Russian Legislative Experience

2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Nadezhda Alekseeva ◽  
Alexander V. Dorofeev
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Environmental Damage ◽  
Market Failures ◽  
Original Owner ◽  
The Russian Federation ◽  
Russian Law ◽  
The Third World ◽  
Legal Mechanism

Motives: In all countries of the world there are objects of the accumulated environmental damage (AED), regardless of the recognition of their presence by the state itself or their legislative regulation. The legal mechanism for the development of this regulation is of significant interest from the point of view of both, science and practice. Aim: The determination of the existence of regulation of the objects of the accumulated environmental damage, in most countries and its comparative characteristics became the aim of following study, to identify the positive experience in such regulation and to see whether it is suitable for Russian legislation, including the possibility of borrowing those norms of law and its incorporation into national legislation. Results: Russian law has a determination of the accumulated environmental damage, as most of the European countries do (not the third-world ones), but there is no definition for the further AED-conception. The amount of damage has to be determined in a particular area or of a concrete natural resource. Unfortunately, in developing countries, such information regarding the objects of accumulated environmental damage is not so widely presented, although such a problem is acute in these countries. The AED is one of the market failures as been based on a permission for environmental pollution. The legal regulation of the Russian Federation: it is necessary to impose responsibility for the leveling and elimination of such an objects on the original owner who acquired the land plot with the AED-object (on the basis of an agreement or the law rules even if the legal entity liquidated). It is necessary to provide real access to information feather land users (the potential purchaser – about the features of the object). The legislator has to develop and detail more carefully the rules on public-private partnerships for liquidation AED-objects.

scholarly journals Cultural Exchanges between Russia and Turkmenistan: Structure, Dynamics, and Defining Features

2020 ◽  
Vol 4 (4) ◽  
pp. 508
Author(s):  
Ksenia G. Muratshina
Keyword(s):  
Recent Decade ◽  
Soviet Republic ◽  
Asian Studies ◽  
State Institutions ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Central Asian ◽  
Cultural Exchanges ◽  
Independent States ◽  
The Russian Federation

Cultural exchanges are an essential component of humanitarian interaction between countries and societies, in particular, between political partners and neighboring states whose citizens regularly communicate with each other. This paper discusses cooperation in the area of cultural exchanges between the Russian Federation and one of its Central Asian neighbors the former Soviet republic of Turkmenistan. To date, cultural exchanges and humanitarian cooperation have received very little attention in Central Asian studies, despite the attention paid to Russian-Turkmen economic cooperation and policy aspects. This paper is aimed at illuminating the modes, factors, dynamics, and defining features of the Russia-Turkmenistan cooperation in the area of cultural exchanges over the recent decade. The notions “cultural exchanges”, “humanitarian cooperation”, and “cooperation in the area of cultural exchanges” are explored in Russian-Turkmen diplomatic documents and the legislation of the Commonwealth of Independent States. The author has studied such sources as diplomatic documents, interviews, newsletters of state institutions and non-governmental organizations, and news archives of Russian and Turkmen media.

scholarly journals Topical Issues of the Improvement of Legal Regulation in the Sphere of Subsoil Use

2020 ◽  
Vol 3 ◽  
pp. 85-90
Author(s):  
Roza N. Salieva ◽  
Keyword(s):  
State Energy ◽  
Legal Regulation ◽  
The State ◽  
State Control ◽  
Energy Strategy ◽  
Fund Management ◽  
License Agreement ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

This article examines issues pertaining to the improvement of the legal regulation of subsoil use relations in the Russian Federation. It contains specific proposals on the improvement of subsoil use law. The purpose of the legal regulation of subsoil use relations shall be enshrined in the Russian Law “On Subsoil” according to the objectives of the state energy policy for subsoil use and state subsoil fund management. The Law “On Subsoil” needs to reflect the subsoil use goals of the state described in Russia’s Energy Strategy until 2035. It seems reasonable to include a section containing basic terms and definitions used in the subsoil legislation into the Law “On Subsoil”. It is important to make sure the Law “On Subsoil” contains a rule stating that a license agreement is an integral and mandatory part of a license to help streamline the legal regulation of subsoil use licensing. It is advisable to reinforce the Russian Law “On Subsoil” and codify state control and regulation principles.

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