scholarly journals Some aspects of the constitutional and legal status of the institution of the commissioner for the protection of the rights of entrepreneurs in Russia

Author(s):  
V. A. Fadeeva

The Institute of the Business Ombudsman in Russia has been functioning in the Russian Federation for more than eight years. His work is positively evaluated by the business community. The article outlines some issues of legal regulation of the status of the Business Ombudsman in Russia. The analysis of the indicators of the annual reports of the federal business Ombudsman allows us to draw a conclusion about the effectiveness and relevance of the institute under study. The author comes to the conclusion that it is necessary to further improve the legal regulation of the status of the federal business ombudsman.

Author(s):  
Игорь Ирхин ◽  
Igor Irkhin

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.


Author(s):  
Andrei D. Bezuglov ◽  

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.


Author(s):  
Oleg Kozhevnikov

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.


2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.


2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area


2020 ◽  
Vol 15 (1) ◽  
pp. 103-115
Author(s):  
O. N. Gorodnova ◽  
A. A. Makarushkova

Based on a comparative analysis of the norms of the procedural legislation of the Russian Federation, the paper discusses certain problems and prospects of legal regulation of the status of persons contributing to the administration of justice: expert, specialist, witness, interpreter, assistant judge, court clerk, as applied to civil proceedings.The authors analyze modern approaches to the persons contributing to the administration of justice, considering, along with traditional subjects, such a procedural figure as judicial representative in a civil procedure, taking into account the latest changes and additions to the Civil Procedure Code of the Russian Federation, entering into force on September 1, 2019.Based on a comparative analysis of the provisions of the arbitration and civil procedural laws, the authors of the paper point that the Civil Procedural Code of the Russian Federation lacks a separate chapter on legal regulation of the status of participants in civil proceedings, including those assisting in the administration of justice. This makes it difficult to establish the circle of such entities in practice. In this regard, they propose, by analogy with the Arbitration Procedure Code of the Russian Federation, to fix the circle of participants in the civil procedure in a separate chapter, revealing in detail and specifying the legal status in other articles of the Civil Procedural Code of the Russian Federation of other participants in the civil proceedings.In the paper, the authors conclude that the judicial representative must be considered as an independent subject of the civil proceedings. Finally, this problematic issue can only be resolved by making appropriate changes and additions to the Civil Procedural Code of the Russian Federation.It is noted that, despite the absence of special instructions in the Civil Procedural Code of the Russian Federation to other participants in the process, their list is not exhaustive and in fact, the circle of persons involved in the case is much wider. Such persons include court bailiffs and witnesses, whose legal status is currently debatable.


2021 ◽  
Vol 7 (1) ◽  
pp. 257-361
Author(s):  
N. Davydova ◽  
T. Khudoikina

The relevance of the chosen research topic is due to the fact that in recent years in the constituent entities of the Russian Federation great attention is paid to physical culture and sports, federal programs for the development of physical culture and sports are being developed and implemented, sports facilities are being built for all categories of citizens. There is an active promotion of a healthy lifestyle, in connection with which, an interest in regular sports has been entrenched in society. The purpose of the study is to analyze the legislative regulation of the legal status of a sportsman in the constituent entity of the Russian Federation, since each region has its own distinctive features. To achieve the goal, the authors set the tasks to study the legislation on sports of the Republic of Mordovia. The article considers the current regional regulatory legal acts.


Author(s):  
Alla Gutorova

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.


2017 ◽  
Vol 21 (4) ◽  
pp. 179-188
Author(s):  
I. N. Chebotareva

The article is devoted to changes analysis made in the Code of Criminal Procedure of the Russian Federation by the Federal law No. 73-FZ of April 17, 2017 regarding strengthening of lawyer legal status in criminal legal proceedings. Additional guarantees of lawyer’s independence rendering qualified legal aid in criminal legal proceedings brought by this law are revised. It is possible to call this law "lawyer law" because it is devoted to questions of legal regulation improvement of lawyer’s status in criminal legal proceedings. And in fact is a reduction of existing Code of Criminal Procedure of the Russian Federation in compliance with legal positions created by earlier Constitutional Court of the Russian Federation. On the basis of changes analysis of the Code of Criminal Procedure of the Russian Federation conclusions on strengthening of guarantees of lawyer independence rendering legal aid in criminal legal proceedings and some critical remarks on the matter are stated. Three blocks of questions which cover changes are allocated: the introduction of the defender in criminal case, lawyer secret, and participation of the defender in proof. Changes concern the following questions: formal obstacles for the defender introduction in criminal trial are eliminated; interrogation of the lawyer is possible only according to the petition of protection side; the person called for questioning which isn't subject to interrogation doesn't acquire the status of witness; search, survey and dredging concerning the lawyer can be carried out only under the judgment at observance of established guarantees; additional guarantees in petition satisfaction declared by the lawyer are established; procedural funds of use of expert help are deposited by the defender.


Author(s):  
Аnna А. Sharapova

Исследуются отдельные вопросы правового статуса коренных малочисленных народов Российской Федерации и примеры судебной практики оспаривания реализации правомочий представителями коренных народов. Автор приводит сравнительный анализ понятия «коренные народы» в международном праве, «коренные малочисленные народы», «коренные малочисленные народы Се-вера, Сибири и Дальнего Востока Российской Федерации» в российском праве, обосновывает необходимость применения Декларации Организации Объединенных Наций о правах коренных народов 2007 г. как акта непосредственного действия. В статье описана система правового регулирования статуса коренных малочисленных народов, сделан вывод о её многоуровневости и сложности. Автор отмечает практическую невозможность распространить действие названного международного акта на все коренные народы, населяющие территорию России. В работе исследуется судебная практика как судов общей юрисдикции, так и принятое в 2019 г. По-становление Конституционного Суда Российской Федерации № 21-П по делу гражданина Щукина Г. К. Автор делает вывод, что выведенный конституционно-правовой смысл статьи 19 Федерального закона «Об охоте и о сохранении охотничьих ресурсов», которая наряду с другими законами и подзаконными актами имеет значение для закрепления правового статуса коренных малочисленных народов, поможет не только единообразному применению названного закона, но и послужит образцом для распространения его на иные сферы традиционного природопользования общин коренных малочисленных народов, рыболовство, которые регулируются другими федеральными законами. Помимо проблем реализации правомочий, вытекающих из статуса коренных малочисленных народов, в судебном по-рядке зачастую устанавливается факт принадлежности к коренному народу в связи с отсутствием в Российской Федерации единого документа, подтверждающего национальность. В этой связи позитивным, по мнению автора, следует признать принятие 06.02.2020 изменений в Федеральный закон № 82-ФЗ «О гарантиях прав коренных малочисленных народов Российской Федерации», которые устанавливают централизованную систему учёта представителей коренных малочисленных народов РФ. Этот акт пока не вступил в силу, настоящая статья впервые описывает новеллы законодательства. The article explores certain issues of the legal status of the small indigenous peoples of the Russian Federation and examples of judicial practice in exercising indigenous rights. The author makes the comparative analysis of the concept «indigenous people» of international law, «indigenous small-numbered peoples», «indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation» in Russian law, proves the necessity of applying the United Nations Declaration on the rights of indigenous peoples of 2007 (UNDRIP) as the act of direct action. The article describes the system of the legal regulation of the status of small-numbered indigenous peoples, the author concludes about its complexity. The author notes the practical impossibility of extending the application of the said international act to all indigenous peoples who inhabit the territory of Russia. The work examines the judicial practice of both the courts of general jurisdiction and the Decision of the Constitutional Court of the Russian Federation No. 21-P of 2019 in the case of citizen Schukin G.K. The author concludes that the constitutional and legal meaning of article 19 of the Federal Law "On Hunting and Conservation of Hunting Resources," which, together with other laws and regulations, is relevant to the legal status of small-numbered indigenous peoples, not only will the uniform application of the Act, but it will also serve as a model for extending to other areas of traditional environmental management of small-numbered indigenous communi-ties, fisheries regulated by the other federal laws. In addition to the problems of exercising the powers arising from the status of small-numbered indigenous peoples, the fact of belonging to an indigenous people is often established in court, because of the absence of the unified document confirming the nationality in the Russian Federation. In this regard as positive, according to the author, it is necessary to recognize acceptance on the 6th of February 2020 changes in federal law No. 82-FZ "About guarantees of the rights", which install the centralized system of accounting of representatives of indigenous small-numbered peoples of the Russian Federation. This act has not yet entered into force, but this article for the first time describes the innovations of the legislation.


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