scholarly journals Features of administrative and legal coercion in the migration sphere

2021 ◽  
pp. 101-108
Author(s):  
A. S. Ogienko ◽  
L. B. Proskuriakova
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Migration Policy ◽  
Institutional Changes ◽  
Stable Pattern ◽  
Legal Coercion ◽  
Migration Control ◽  
The Russian Federation ◽  
Internal Affairs ◽  
The Government

The article examines the features of administrative and legal coercion in the field of migration. It provides an analysis of regulatory legal acts in which the function of migration control is assigned to the internal affairs bodies and measures to prevent and reduce uncontrolled migration are determined. A special place is occupied by the directions of improving public administration in the field of migration policy.Analysis of constant changes in the legal status of "migration" units, when they then raised their status to a federal service, first subordinate to the Ministry of Internal Affairs of Russia, then to an independent federal service subordinate to the Government of the Russian Federation, then they returned to the Ministry of Internal Affairs of Russia, but now to the level the usual structural divisions of the ministry showed that these decisions were erroneous. The abolition of the Federal Migration Service in 2016 and the transfer of its functions to the Ministry of Internal Affairs of Russia entailed fundamental institutional changes, which reflects a stable pattern in the prevalence of administrative and legal coercion measures in public administration, does not contribute to an increase in the efficiency of public administration in the field of migration, complicates problems of implementing the functions of social adaptation and integration of migrants, which the Ministry of Internal Affairs of Russia is unable to effectively implement.

scholarly journals On an Advanced Model of Legal Support of Migration Amnesties in the Russian Federation

Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 22-24
Author(s):  
Anatoliy N. Sandugey ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Migration Policy ◽  
Legal Model ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Advanced Model

The article analyzes the practice of the Ministry of Internal Affairs of Russia from 2018 to 2019 of holding measures aimed at restoring by certain categories of foreign citizens their legal status on the territory of the Russian Federation. It is proposed to consider migration amnesty as one of the means of implementing migration policy. The current legal model of conducting amnesties in the Russian Federation is revealed.

scholarly journals Making Room for Volunteer Participation in Managing Public Affairs: A Russian Experience

2020 ◽  
Vol 12 (24) ◽  
pp. 10229
Author(s):  
Maria V. Pevnaya ◽  
Anna A. Drozdova ◽  
Mariana Cernicova-Buca
Keyword(s):  
Nonprofit Organizations ◽  
Public Administration ◽  
Russian Federation ◽  
Public Management ◽  
Management Practice ◽  
Public Affairs ◽  
Public Servants ◽  
Governmental Support ◽  
The Russian Federation ◽  
The Government

In 2018, the United Nations Volunteers organization recognized that the governmental support for volunteering is a superior public management practice, offering the much-needed fuel for the integration of volunteering in politics, law-making, and social planning at the government level. The present article analyzes the current situation of governmental support for volunteering at federal, regional, and local levels of public administration in the Russian Federation as a precondition for making coproduction of public services possible. The analysis is based on the scrutiny of documents, a questionnaire survey of Russian volunteers, and an expert poll of public servants and nonprofit organizations (NPO) leaders. The analysis of the state policy of support for volunteering is carried out with respect to the following parameters: the awareness and evaluation of national measures of the governmental support for volunteering, as well as the evaluation of informational, financial, consulting, and organizational measures to support volunteer organizations by regional and municipal civil servants. In a country such as the Russian Federation, where volunteering is a relatively young social phenomenon, public administration needs not only to provide support, but also to administer transformation processes toward sustainable development, relying on the partnership and resources volunteers bring for effectively managing public life.

Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Legal Status ◽  
Legal Regulation ◽  
Advanced Training ◽  
Federal Law ◽  
Labor Legislation ◽  
Additional Qualification ◽  
The Russian Federation ◽  
The Government

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.

Innovations in Public Administration

Upravlenie ◽  
10.12737/2812 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 11-23
Author(s):  
Рукина ◽  
I. Rukina ◽  
Филатов ◽  
Vladimir Filatov
Keyword(s):  
Impact Assessment ◽  
Public Administration ◽  
Assessment System ◽  
Due Diligence ◽  
Federal Level ◽  
Assessment Systems ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Government ◽  
Regulatory Impact Assessment

The paper analyzes public administration innovations based on foreign and domestic experiences in creating regulatory impact assessment systems. Imperfections in legislative drafting activities on the federal level of the state power are emphasized. Deficiencies, found in the relevant legal acts of the Government of the Russian Federation, are consistently discussed at the meetings of the Government Commission on legislative drafting activities. It is shown that the regulatory impact assessment system can be helpful in eliminating these drawbacks, and significantly update the existing mechanisms and procedures of legal due diligence. It is stated, that in several countries introduction of regulatory impact assessment system have helped to substantially enhance quality control of normative acts elaborated; to streamline and implement quality expert examination of normative legal acts elaborated in terms of achieving goals and purposes of adoption and application thereof.

scholarly journals General principles of organization and activityof judges in Ukraine

2021 ◽  
pp. 107-111
Author(s):  
Y.V. Harust ◽  
V.V. Mirgorod-Karpova
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Legal Status ◽  
Professional Activity ◽  
Public Confidence ◽  
The European Union ◽  
Association Agreement ◽  
Public Servant ◽  
The Government ◽  
The Right

In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.

scholarly journals The Constitutional and Legal Regulation of Migration in the Italian Republic

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 46-50
Author(s):  
Ilya S. Iksanov ◽  
Keyword(s):  
European Community ◽  
Regional Integration ◽  
Legal Status ◽  
Migration Policy ◽  
Legal Regulation ◽  
Social Adaptation ◽  
Illegal Migrants ◽  
The Status ◽  
The Government ◽  
Basic Approaches

Italy became a country of immigration quite late. external factors influenced the formation of Italy’s migration policy: the expansion of regional integration within the European community and accession to international conventions. The legislation on citizenship reacted to these changes. In particular, access to citizenship was made more difficult for foreigners from countries that were not part of the European community, and it was easier for descendants of emigrants who lived abroad to acquire citizenship. Italy has one of the most modern laws on the status of foreigners, which regulates all aspects of the legal status of these persons, as well as their social adaptation, and provides for the necessary measures to prevent discrimination and xenophobia. The provisions of this act may change in the event of a change in the government coalition, but the basic approaches are unchanged: citizens of other States are considered as part of the population of Italy; foreigners who reside in the country legally are equal to its citizens; illegal migrants are legally guaranteed a certain minimum of rights and freedoms.

scholarly journals THE PLACE OF THE MAIN SERVICE CENTER OF THE MINISTRY OF INTERNAL AFFAIRS IN THE SYSTEM OF SERVICES OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

2020 ◽  
pp. 218-229
Author(s):  
С. Є. Петров
Keyword(s):  
Risk Management ◽  
Public Administration ◽  
Legal Status ◽  
Service System ◽  
Service Center ◽  
Administrative Services ◽  
Administrative Functions ◽  
Provision Of Services ◽  
The Subject ◽  
Internal Affairs

The relevance of the article is that the need to determine the place of the Main Service Center in the service system of the Ministry of Internal Affairs is due to a number of factors. Among them is the introduction of the concept of transition of public administration, mostly on the basis of the provision of administrative services, based on dialogue between the public authority the subject of the request for administrative services. The purpose of the article is to determine the place of the Main Service Center of the Ministry of Internal Affairs in the system of administrative law entities and the service system of the Ministry of Internal Affairs, which will improve public administration legislation on road safety and vehicle operation. The article examines the question of the place of the Main Service Center of the Ministry of Internal Affairs in the service system of the Ministry of Internal Affairs. The necessity to move away from the seizure of «administrative services» and perform the administrative functions of public administration is substantiated. It is determined that the provision of services of the Ministry of Internal Affairs is based on permitting and registration powers, which determine the permitting and registration activities for facilities whose operation is characterized by increased danger, which determines the task of the Main Service Center of the Ministry of Internal Affairs to control hazards. through risk management. The service should not be limited to the provision of a document on the request of the subject of the request. This should be understood as risk management activities through the implementation of procedures in the process of providing services to the Ministry of Internal Affairs. This determines the broad law enforcement nature of the services of the Ministry of Internal Affairs, which, in turn, determine the administrative and legal status of the Main Service Center of the Ministry of Internal Affairs to ensure its tasks in the process of providing services. In addition, it is necessary to clearly understand that the service can be provided only if it meets the criteria that determine the admissibility of its provision in compliance with the conditions of security and protection of human rights, freedoms and interests, society as a whole.

scholarly journals On the Question of the Powers of the Federal Executive Authorities of Germany in the Field of Genetic Engineering

2020 ◽  
Vol 17 (3) ◽  
pp. 421-430
Author(s):  
Ekaterina Lebedeva
Keyword(s):  
Genetic Engineering ◽  
Public Administration ◽  
Russian Federation ◽  
Genetically Modified Organisms ◽  
Federal State ◽  
Federal Republic Of Germany ◽  
Federal States ◽  
The Russian Federation ◽  
The Government ◽  
The Impact

At the present stage of the development of genetic engineering activities in the Russian Federation the question of the expediency of distributing powers between federal executive bodies and executive bodies of constituent entities is relevant. In this regard, the experience of Germany in securing the relevant powers in the field of genetic engineering for the executive authorities is considered, in particular, the powers of the federal executive authorities of Germany are examined to release and place genetically modified organisms, to monitor the impact of artificial microorganisms on human health and the environment, as well as administrative functions for maintaining information registers of information about modified organisms. The Author analyzes the powers of the German Federal Ministry of Food and Agriculture (German: Bundesministerium für Ernährung und Landwirtschaft – BMEL), the Federal Office for Consumer Protection and Food Safety of Germany (German: Bundesamt für Verbraucherschutz und Lebensmittelsicherheit – BVL) and other bodies. In addition, the Author has investigated the powers of the federal states of the Federal Republic of Germany in the field of genetic engineering work related to the use and production of artificial microorganisms and GM products. As an example, the competence of the authorized body of the federal state of Hesse – the Department of the Government of Hesse for genetic engineering – is considered. Analysis of the powers of the executive authorities of Germany in the field of genetic engineering made it possible to formulate conclusions and recommendations for streamlining the powers of executive authorities and organizations in Russia. As a result, proposals were made to improve public administration in the field of genetic engineering activities in Russia, including the need to entrust a separate authority with the authority for comprehensive regulation in the field of genetic engineering activities, as well as the inexpediency of currently providing executive the authorities of the constituent entities of the Russian Federation, the powers to exercise public administration in the area under consideration.

Migration governance in Slovakia during the COVID-19 crisis

2021 ◽  
Vol 18 (3) ◽  
pp. 331-338
Author(s):  
Andrej Privara ◽  
Eva Rievajová
Keyword(s):  
Labour Market ◽  
Legal Status ◽  
Slovak Republic ◽  
Migration Policy ◽  
Foreign Born ◽  
Domestic Labour ◽  
The Government ◽  
Migration Crisis ◽  
Restrictive Measures ◽  
Near Future

Foreign-born population in Slovakia has been growing steadily over recent years. Since 2018, foreigners from the so-called third countries have become dominant within the immigrant population. The migration crisis due to the Pandemic seems not affected the patterns of migration to Slovakia. We would argue that the need in Slovakia‘s domestic labour market affected immigration flows more than anything else. Before the outbreak of the COVID-19 Pandemic, due to emigration flows, there was a shortage of labour in the country. However, as a result of the restrictive measures taken by the government in response to the Pandemic, changes are taking place, which also has an impact on the employment of foreigners. During the Pandemic, several laws regulating the legal status of foreigners in the Slovak Republic have been amended. This article focuses on the legislative developments in shaping the Slovak migration policy in the near future.

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