scholarly journals Ways to Improve the Regulation of Projects of the “Megascience” Class

2021 ◽  
Vol 8 (3) ◽  
pp. 341-369
Author(s):  
D. L. Lozovskij ◽  
I. Yu. Karandaev

The creation of unique scientific facilities of the “Megascience” class is a very complex and lengthy organizational and technical process, for the implementation of which the resources of several states are usually involved. In connection with the participation in the creation and implementation of a scientific project of the “Megascience” class of several states, it becomes necessary to distribute the rights, duties, costs and powers of project management among the participants. Currently, the Russian Federation lacks a sufficient level of legal regulation of projects of the “Megascience” class. Based on the analysis of Russian and foreign experience in the implementation of scientific projects of the “Megascience” class, the article presents proposals for improving the legal regulation of these projects being implemented on the territory of the Russian Federation. The article also discusses the specific problems that one has to face when implementing projects of the “Megascience” class in Russia, and the ways to solve them. In addition, the authors’ definitions of such key terms as “Megascience” class project, “unique scientific facility of the “Megascience class” and “scientific collaboration,” which are absent in the current legislation, are proposed. This research was supported by the Russian Foundation for Basic Research (grant 18-29-15036mk “Models for legal regulation of unique scientific facilities of ‘Megascience’ class at the national and international levels in the context of technological development of the Russian Federation”).

2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.


2021 ◽  
Vol 21 (4) ◽  
pp. 33-40
Author(s):  
M.G. Shishkin ◽  

Goals and reasons for the creation of federal districts in the Russian Federation and the institution of plenipotentiary representatives of the President of the Russian Federation in federal districts are studied. The problematics of the study is the current normative legal regulation of the federal districts functioning. The author proposes amending legislation on federal districts in order to systematize legal regulation in the sphere of interaction of public authorities located on a federal district territory.


2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    


2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.


2019 ◽  
Vol 135 ◽  
pp. 04066
Author(s):  
Alexandra Brovkina ◽  
Victor Vezlomtsev ◽  
Svetlana Zakharova ◽  
Olga Shuranova ◽  
Yuri Truntsevsky

The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation revealed inconsistencies with the requirements of legislative equipment in their development, which creates serious difficulties in the appointment of sentences by the courts. Penalties under criminal law sanctions include punishment in the form of punishment, forced labor, imprisonment for a specified period. The legislation does not take into account the nature and degree of threat to crimes committed in the formation of sanctions articles. Criminal law and criminal law protection, and criminal procedural requirements, and punishments. In accordance with the peculiarities of the formation of the punishment system, the creation of criminal sanctions, as well as taking into account the goals of punishment in the domestic criminal law, which allows us to develop recommendations on the preparation of sanctions for articles of the criminal code of the Russian Federation.


2018 ◽  
pp. 93-98 ◽  
Author(s):  
Anna A. Bakulina ◽  
Dmitry V. Karpukhin ◽  
Marina A. Lapina

One of the key problems in the state of the Russian energy sector is the creation of effective energy­saving technologies for both organizations and ordinary consumers. The forecast of scientific and technological development of the Russian Federation for the period until 2030, approved by the Government of the Russian Federation, mentions low volumes of energy saving in the sphere of final consumption as one of the threats to Russia’s economic development. In 2009, the Federal Law No. 261­FZ “On Energy Saving and Increasing Energy Efficiency” was adopted. The corresponding Resolution of the Government of the Russian Federation No. 961 of September 20, 2014 prescribes the creation of a database on the most effective technologies used in apartment houses, administrative and public buildings. Federal Law No. 184­FZ of December 27, 2002 (as amended on July 29, 2017) “On Technical Regulation” establishes an imperative order, according to which technical and legal regulation in the field of application of energy efficiency requirements, requirements for lighting devices, electric lamps, used for lighting purposes, should be implemented at the level of the federal law approving the relevant normative legal act. However, as of today this federal law has not been adopted. The technical and legal regulation of lighting products is carried out fragmentarily, at the level of national standards. The adoption of a federal law that establishes a technical regulation for lighting products will effectively respond to the challenge outlined in Presidential Decree No. 208 of May 13, 2017 “On the Strategy for Economic Security of the Russian Federation for the Period until 2030” regarding the development of energy­saving technologies and reducing the material consumption.


Author(s):  
Dmitriy Lipinsky ◽  
Aleksey Stankin

The object of the study is public relations in the field of constitutional justice. The subject of the study is the acts of the Constitutional Court of the Russian Federation, affecting changes in the legal liability system, as well as the current legislation on legal liability. The article analyzes the acts of the Constitutional Court of the Russian Federation on issues of legal responsibility, defines doctrinal positions that affect the change in the system of legal responsibility. Particular attention is paid to the decisions of the Constitutional Court of the Russian Federation, which disclose the content of the principles of legal responsibility, their place in the system of law enforcement. The main directions of the impact of acts of the Constitutional Court of the Russian Federation on the legal liability system are determined. In the process of the study, a systematic approach was applied, which allowed us to consider legal responsibility as a single system that interacts with other phenomena, to identify the nature of the relationship of the legal responsibility system and decisions of the Constitutional Court of the Russian Federation. In preparing the article, the method of program research of judicial practice was used, the application of which made it possible to systematize the legal positions of the Constitutional Court of the Russian Federation formulated in acts of various types. As a result of the study, a number of conclusions were made about the main areas of influence of decisions of the Constitutional Court of the Russian Federation on the legal liability system. Criteria have been identified to assess the principle of legal responsibility, formed in the acts of the Constitutional Court, as mandatory. The systemforming criteria of legal liability formulated in the decisions of the Constitutional Court of the Russian Federation are determined. The legal positions of the Constitutional Court of the Russian Federation on judicial enforcement in the absence of a rule of law are critically evaluated. The study was financially supported by the Russian Foundation for Basic Research (RFBR) as part of scientific project no. 19-011-00103 A, “Legal responsibility in the Russian legal system: the concept of interaction, relationships and elimination of contradictions with other elements of the legal system”.


Author(s):  
Т.В. Твердова

Аннотация. Статья посвящена оценке искусственного интеллекта с по- зиции действующего российского законодательства, предлагается относить- ся к нему как к результату интеллектуальной деятельности. Рассмотрена целесообразность включения в Гражданский кодекс Российской Федерации спе- циальных норм о договорах, заключаемых по поводу создания искусственного интеллекта и передачи прав на его использование. Затронута проблема от- ветственности. The article is devoted to the assessment of artificial intelligence from the standpoint of the current Russian legislation, it is proposed to treat it as a result of intellectual activity. The expediency of including in the Civil Code of the Russian Federation special rules on contracts concluded on the creation of artificial intelligence and the transfer of rights to use it is considered. The problem of responsibility is raised.


2021 ◽  
Vol 17 (2) ◽  
pp. 713-713
Author(s):  
A. A. Shirov ◽  
N. N. Sapova ◽  
E. S. Uzyakova ◽  
R. M. Uzyakov

In the article “Comprehensive Forecast of Demand for Inter-regional Rail Freight Transport” by Alexander A. Shirov, Natalia N. Sapova, Elena S. Uzyakova, and Rafael M. Uzyakov, which appeared on pages 1–15 of the 1, 2021 issue, Vol. 17, the Acknowledgments section was omitted. In the online version of the paper the following text of the Acknowledgments section was added: Acknowledgments The article has been prepared with the support of a grant in the form of a subsidy for large scientific projects in priority areas of scientific and technological development in the framework of the subprogramme “Basic research for long-term development and ensuring the competitiveness of society and the state” of the state programme «Scientific and Technological Development of the Russian Federation», the project “Social and Economic Development of Asiatic Russia on The Base of The Synergy of Transport Accessibility, Systemic Knowledge about Natural Resource Potential and Expanding Space of Interregional Interactions”, the agreement No. 075-15-2020-804 with the Ministry of Science and Higher Education of the Russian Federation (internal grant No. 13.1902.21.0016). This error does not affect the conclusions of the paper. The article has been corrected online.


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