scholarly journals Constitutional Law Foundations for the Restriction of Human Rights in Connection with the New COVID-19 Pandemic

2020 ◽  
Vol 15 (12) ◽  
pp. 48-56
Author(s):  
E. N. Doroshenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Economic Activities ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Federal Laws ◽  
Spread Of Infection ◽  
Restrictive Measures ◽  
Legal Grounds ◽  
Mass Events

The paper investigates the issue of legal grounds for introducing restrictive measures in order to protect the population in the territory of the Russian Federation in connection with the spread of a new coronavirus infection. Complying with the requirements contained in the decrees of the President of the Russian Federation, the highest officials of the constituent entities of the Russian Federation have issued decisions on the introduction of the high-alert regime, including prohibitions on implementation of certain economic activities, free movement of citizens and vehicles, mass events. Despite the adoption of relevant amendments, federal legislation in the field of protection of the population from emergencies, as well as other federal laws have not defined conditions, terms and the scope of possible limitations. Therefore, the implementation of constitutional human and civil rights was subject to the content of the by-laws. Analysis of Art. 55 and 56 of the Constitution of the Russian Federation allows the author to enunciate the basic requirements for the system of restrictive measures to combat the spread of infection and identify its shortcomings.

PERFORMING ARTS IN RUSSIA IN THE CONTEXT OF THE PANDEMIC

2021 ◽  
Vol 1 (4) ◽  
pp. 108-118
Author(s):  
E. V. Dukov ◽  
Keyword(s):  
Russian Federation ◽  
Performing Arts ◽  
Communication Systems ◽  
Video Communication ◽  
Modern History ◽  
History Of ◽  
Cultural Sphere ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Mass Events

This article is devoted to the modern history of performing arts during the pandemic. It examines the activities of authorities and theaters, concert organizations and concert organizers from 2020 to mid-2021. Countries plunged into self-isolation. The cultural sphere has been restructured, cultural contacts minimized, while video communication systems have evolved into virtual platforms in homes. The artists, left without full-fledged "live" concerts and performances were distressed. Halls could be accessed by documents and in very limited numbers. The article discusses two fundamental documents prepared by Rospotrebnadzor and appeared during this period: "Recommendations for Implementation of Measures Aimed at Prevention of the Spread of the New Coronavirus Infection (COVID-19) When Performing Activities of Theaters and Concert Organisations" and "On Measures to Limit the Spread of a New Coronavirus Infection (COVID-2019) on the Territory of the Russian Federation in Cases of Mass Events". Both documents were intensively discussed at various forums of performing arts managers in Russia.

SOME ISSUES OF LEGAL REGULATION AND ORGANIZATION OF THE REGIME IN PENAL IN STITUTIONS IN CONDITIONS OF THE CORONAVIRUS INFECTION SPREAD (COVID-19)

2021 ◽  
pp. 131-136
Author(s):  
Сергей Евгеньевич Илюхин ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Closed Space ◽  
Penal Institutions ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures ◽  
Close Contacts

Распространение и выявление новой коронавирусной инфекции (COVID-2019) как на территории РФ, так и в структуре объектов УИС актуализирует необходимость трансформации средств обеспечения жизнедеятельности как всех субъектов права, так и в особенности подозреваемых, обвиняемых и осужденных. Доказано, что данная категория граждан находится в особо уязвимом положении с точки зрения подверженности заболевания коронавирусом по причине специфики режима отбывания наказаний, который предполагает замкнутость пространства. Введение мер ограничения, регламентированных Правительством РФ, конкретизируемых нормативно-правовыми актами ФСИН России и главного государственного санитарного врача ФСИН России, спровоцировали необходимость решения ряда вопросов, возникающих при реализации системы мероприятий по отбыванию осужденными наказаний в учреждениях УИС. Вышесказанное обуславливает важность и своевременность исследования, связанного и изучением проблем и дискуссионных положений, обуславливающих процесс исправления осужденных и предупреждения совершения ими новых преступлений через призму осуществления санитарно-противоэпидемических мер для предупреждения распространения коронавирусной инфекции. The spread and reveal of a new coronavirus infection (COVID-2019) both on the territory of the Russian Federation and in the structure of penal institutions have prompted us to talk about the need to transform the means of ensuring the life of all subjects of law, and especially suspects, accused and convicted. It is proved that this category of citizens is in a particularly vulnerable position in terms of exposure to coronavirus due to the specifics of the regime of serving sentences, which implies a closed space and close contacts of persons located on the territory of the correctional institution. The introduction of restrictive measures regulated by the Government of the Russian Federation, specified by regulatory legal acts of the Federal penitentiary service of Russia and the chief state sanitary doctor of the Federal penitentiary service of Russia, provoked the need to address a number of issues that arise in the implementation of the system of measures for serving sentences in penal institutions. The above explains the relevance of research related to the study of problems and controversial provisions that determine the process of correcting convicts and preventing them from committing new crimes through the prism of implementing sanitary and anti-epidemic measures to prevent the spread of coronavirus infection.

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 The impact of the pandemic on the structure of income and expenditure of the consolidated budgets of the constituent entities of the Russian Federation of the Ural Federal District

2020 ◽  
Vol 12 (5) ◽  
Author(s):  
Ekaterina Zakharchuk ◽  
Aleksey Pasynkov ◽  
Polina Trifonova
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Scientific Methods ◽  
General Scientific ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Restrictive Measures ◽  
Regional Budgets ◽  
Social Expenditures ◽  
The Impact

The article is devoted to the assessment of changes in the budgets of the constituent entities of the Russian Federation that are part of the Ural Federal District, which they have undergone in connection with the change in the macroeconomic situation in the country and regions. The article provides an overview of scientific research on the topic under consideration. On the basis of open official data, using general scientific methods, the influence of the introduced restrictive measures related to the fight against the spread of coronavirus infection on the regional budgets of the constituent entities of the Russian Federation of the Ural Federal District is shown. The analysis is carried out in the context of the structure of sources of formation of budget revenues, as well as in the areas of spending financial resources of the regions of the Ural Federal District, an assessment of the balance of the studied budgets is given. Comparative analysis was carried out for the first half of 2019 and 2020. The results obtained indicate that in the revenue part of the studied budgets of the constituent entities of the Russian Federation, tax revenues from profits and incomes have significantly decreased. All the regional budgets under consideration show an increase in gratuitous receipts. In the expenditure part of the budgets, the increase is mainly noted in the sections "Healthcare" and "Social policy". Thus, measures of state support in the first half of 2020 made it possible to maintain a budget surplus in four of the six subjects of the Russian Federation of the Ural Federal District. However, the current situation with the spread of coronavirus infection does not allow making optimistic forecasts for the further filling of the revenues of regional budgets. The situation is similar with the expenditure side – they will increase due to the growth of social expenditures, which will affect the balance of regional budgets.

To the question of the formal and material elements of crimes provided for in articles of the Criminal code of the Russian Federation related to the spread of infection

2020 ◽  
Author(s):  
Alexandr Bozhchenko ◽  
Yuliya Khrustaleva ◽  
Yuri Panchuk
Keyword(s):  
Causal Relationship ◽  
Russian Federation ◽  
Criminal Code ◽  
Conceptual Apparatus ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Points Of View ◽  
Legislative Amendments ◽  
Spread Of Infection

The article deals with objective and optional features of crimes with material and formal composition, with an emphasis on crimes that are more or less associated with the spread of infection. Attention is drawn to the fact that crimes with a formal composition do not require the establishment of a causal relationship. Various points of view on “danger” are considered as one of the fundamental criteria used in the qualification of crimes. The author emphasizes the ambiguity of the content of this concept, as well as the concepts of “threat”, “significance”, “mass character”, etc. It is concluded that there are gaps, ambiguities, and contradictions in the legislation and normative legal acts on terminology and conceptual apparatus in relation to the above-mentioned concepts of danger, threat, and its magnitude (significance, mass character). Legislative amendments adopted in connection with the pandemic of coronavirus infection, which led to the emergence of a formal crime under part 1 of article 236 of the criminal code of the Russian Federation, are considered. Attention is drawn to the careless form of guilt under this article, in contrast to other articles, the use of which is also not excluded in the case of infection (article 125 and article 237 of the criminal code), but provide for the intentional nature of the crime.

scholarly journals Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 83-91
Author(s):  
Alexander A. Podmarеv ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
Constitutional Principle ◽  
The Russian Federation ◽  
Principle Of Proportionality ◽  
The One ◽  
Restrictive Measures

Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.

scholarly journals Conceptual aspects of the activities of the Federal Service of the National Guard of the Russian Federation during a difficult epidemiological situation in the country

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Andrey Palyuh ◽  
Mihail Popov ◽  
Viktor Splender
Keyword(s):  
National Security ◽  
Russian Federation ◽  
National Guard ◽  
Social Activity ◽  
Constitutional Rights ◽  
Huge Number ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Spread Of Infection ◽  
Epidemiological Situation

At the end of January 2020, our country faced a new threat to national security, namely the infection of the population with a coronavirus infection, from which a vaccine has not yet been developed. As a result of the activity of COVID-19, there are cases of death, carriers of this virus. The main problem of the new virus is its increased level of infectivity, transmission is carried out by airborne droplets (when coughing or sneezing) and by contact (handrails in vehicles, door handles and other contaminated surfaces and objects). The epidemic, which has grown into a pandemic, does not allow maintaining the appropriate level of security of the country and the implementation of the constitutional rights and freedoms of citizens of the Russian Federation, and therefore, to restore these rights and freedoms, it is necessary to use all the state's capabilities to prevent the spread of infection and develop a medicine. The process of self-isolation of citizens of our country does not give the expected results, a huge number of people are forced to continue to carry out their work, and therefore, with the help of conscious self-isolation of citizens, it will not work to stop the spread of a new infection and it is necessary to resort to other measures that regulate the movement of citizens and social activity. To this end, legislative and executive authorities introduce new measures to prevent the spread of infection. The Federal Service of the National Guard Troops does not stand aside and directs all its efforts to preventing the spread of infection.

scholarly journals Efficiency of public administration in terms of distribution coronavirus infection as the basis of national security

2021 ◽  
Vol 2020 (4) ◽  
pp. 98-104
Author(s):  
K. Shafigulin
Keyword(s):  
National Security ◽  
Public Administration ◽  
Critical Reflection ◽  
Personal Protection ◽  
State Security ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Federal Laws ◽  
Legal Grounds ◽  
Danger To Others

The article examines individual issues of state security through the prism of the effectiveness of public administration in the conditions of the spread of a new coronavirus infection (COVID-19) in Russia in 2020. The article analyzes the norms of Federal laws, according to which it is necessary to take measures to pro-tect the population from natural and man-made emergencies, including the spread of diseases that pose a danger to others. The decisions of the chief state sanitary doctors of the Russian Federation and the subjects of Russia that restrict the rights and freedoms of a person and citizen without having legal grounds for this are subjected to critical reflection. The article formulates conclusions that should help to improve the efficiency of public administration, which, in turn, will not reduce the level of personal protection, that is, to maintain national security at the proper level.

SOCIAL EFFECTS OF THE NEW CORONAVIRUS INFECTIONPANDEMICAS QUALITY DEVELOPMENT OF MODERN RUSSIAN SOCIETY

2020 ◽  
Vol 6 (7(76)) ◽  
pp. 56-64
Author(s):  
Tatyana Viktorovna Yarovova ◽  
Danila Yurevich Sidyakov
Keyword(s):  
Russian Federation ◽  
Social Effects ◽  
Evolutionary Development ◽  
Russian Society ◽  
Quality Development ◽  
Public Consciousness ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Restrictive Measures ◽  
Modern Russian

The article, based on a study of social effects caused by the spread of coronavirus infection, analyzed the main trends that have appeared as a result of the restrictive measures and society adaptation. The main trends have been identified and a set of measures has been formed aimed at multiplying and consolidating positive social effects for the evolutionary development of modern Russian society.Development comesfrom public consciousness and youth of the Russian Federation.

scholarly journals ON THE ISSUE OF RESTRICTING INDIVIDUAL RIGHTS AND FREEDOMS OF CITIZENS IN THE CONDITIONS OF HIGH READINESS TO COUNTERACT THE SPREAD OF A NEW CORONAVIRUS INFECTION IN THE REGULATORY LEGAL ACTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 56-62
Author(s):  
V. A. Galitskov ◽  
◽  
A. V. Krysanov ◽  
Keyword(s):  
Russian Federation ◽  
Individual Rights ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Restrictive Measures

The article deals with the practice of individual subjects of the Russian Federation in establishing restrictions on the rights and freedoms of citizens in the fight against the spread of a new coronavirus infection. The authors note the variety of restrictive measures applied. It is concluded that the high-alert regime is essentially aimed at protecting the life and health of citizens and preventing the spread of disease

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