scholarly journals Problems of Legal Regulation of Changes in the Types of Land Plot Permitted Use in the Conditions of Abolition of Land Division into Categories

2021 ◽  
Vol 1 ◽  
pp. 28-34
Author(s):  
Galina L. Zemlyakova ◽  
Keyword(s):  
Urban Planning ◽  
Direct Instruction ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Current Version ◽  
Land Plot ◽  
The Russian Federation ◽  
The Government ◽  
Near Future

The article deals with the problems of the Institute of urban planning zoning, including those arising from changes in the types of permitted use of land plots in terms of the possible introduction of territorial zoning instead of dividing land into categories. Despite the fact that the bill on the abolition of land categories was never adopted by the State Duma, nevertheless, the President of the Russian Federation has repeatedly pointed out the need for such a law in his instructions to the Government of the Russian Federation. Due to the fact that according to the Constitution of the Russian Federation in the current version, the instructions of the President of the Russian Federation are a direct instruction to the Government of the Russian Federation, the author believes that in the near future the issue of the abolition of land categories will become relevant again. However, in order for such a law to be adopted and not cause a serious blow to the system of land turnover, the existing institution of urban zoning must be perfectly verified.

scholarly journals INSTITUTION OF PUBLIC LAND SERVITUDE IN THE CONTEXT OF THE THEORY OF REFLECTIVE ACTION OF LAW

2020 ◽  
pp. 208-212
Author(s):  
Artem Yu. Mokhov ◽  
Semyon P. Malyshkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Land Policy ◽  
Public Land ◽  
Land Plot ◽  
Land Relations ◽  
Private And Public ◽  
The Russian Federation ◽  
The Right

The main provisions of the theory of reflective action of law are considered in the article. The manifestation of law reflexes in modern legal regulation is analysed on the example of land relations. Land, as the basis of life and activity of peoples who live in the territory of the Russian Federation, acts not only as an economic good and a natural resource, but also as the object of a number of property and personal non-property relations connected with them. The institution of public land easement is considered by the authors to be a reflex of law, that is, the restriction of the subjective right of a particular owner of a land plot in the interests of society, the state. The issue of the limitation of the right of land private ownership is raised on the basis of an analysis of legislation and judicial practice. The problem of the limits of the action of public easements simultaneously aimed not only at the normal exercise of all property rights by the land plot owner, but also at preserving the favourable state of the environment, at ensuring the subjective rights of other participants in land legal relations, at the implementation of a single land policy of the state indicated in the context of the development of land legislation of the Russian Federation. The conclusion, that the use of the right reflex construction has a beneficial effect on strengthening legal certainty in the face of imbalances in private and public interests in land law, is made.

scholarly journals Specific Features of Certain Aspects of a Delivery Contract for the State and Municipal Needs in the System of the Government Order in the Russian Federation

2019 ◽  
Vol 8 (4) ◽  
pp. 11534-11538
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
National Welfare ◽  
The Russian Federation ◽  
The Government ◽  
Civil Contract ◽  
Welfare Fund

The article is devoted to the analysis of certain aspects of a modern contract of goods delivery for the State and municipal needs, the legal significance of the contract of delivery in the system of the Government Order. The contract of delivery is an essential part of the execution of the State and municipal contract, i.e. the contract concluded on behalf of the Russian Federation Government, any subject of the Russian Federation or municipal settlement with governmental or municipal customer to provide state or municipal needs respectively. By this time there are still serious disputes concerning the role of the delivery contract for the State and municipal needs as a type of civil contract, as well as in the legal regulation and maintenance of the governmental and municipal contract. The significance of matters mentioned is connected with the fact that the Government Order carried out by means of a delivery contract not only meets State and municipal needs but can be also regarded as the basis for running target programs of budget and extra-budgetary financing, as well as the formation of the National Welfare Fund

scholarly journals Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy

2020 ◽  
pp. 22-36
Author(s):  
Irina Aleksandrovna Chebotareva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Public Authority ◽  
Federal Legislation ◽  
Special Importance ◽  
New Strategy ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

scholarly journals Tendencies of the Legal Regulation of the Interaction between the President of the Russian Federation and the Government of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 37-40
Author(s):  
Elena Yu. Kireeva ◽  
◽  
Lidia A. Nudnenko ◽  
Lyudmila A. Tkhabisimova ◽  
◽  
...  
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
A Priori ◽  
Legal Regulation ◽  
The State ◽  
Executive Power ◽  
Residence Permit ◽  
The Russian Federation ◽  
The Government ◽  
The Right

The article analyzes the amendments to the Constitution of the Russian Federation “Оn improving the regulation of certain issues of the organization of public power”. It is argued that the imposition of restrictions to replace the state and municipal posts, posts of state and municipal services associated with the presence of foreign citizenship or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state will not provide the “nationalization of the elites” because such a limitation is not provided for family members of the listed officials. Without this, the amendment is meaningless. The article doubts the feasibility of transferring the function of determining the main directions of domestic and foreign policy to the State Council, which by its status and composition belongs to the Executive bodies of state power. A priori, Executive power is secondary to representative power. Therefore, the Federal Assembly of the Russian Federation, in cooperation with the President of the Russian Federation, should have priority in shaping the main directions of domestic and foreign policy.

scholarly journals Legislative regulation improvement of health protection in the context of the COVID-19 epidemic

2020 ◽  
Vol 11 (2) ◽  
pp. 74-86
Author(s):  
D. A. Morozov ◽  
D. V. Vtorushin ◽  
A. A. Polutsigan ◽  
G. I. Seleznev
Keyword(s):  
Russian Federation ◽  
Well Being ◽  
Legal Regulation ◽  
The State ◽  
Health Protection ◽  
Equipment Construction ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Special Health

The experience of the health protection legal regulation during the spread of a new coronavirus infection (SARS-CoV-2) is presented. The key areas that required a number of state decisions to ensure the sanitary and epidemiological well-being of the Russian Federation and the protection of citizens are outlined: assigning the Government of the Russian Federation and State authorities of the Russian Federation subjects the authority to regulate special health protection; introducing responsibility for non-compliance with the rules of conduct in an emergency or threat of its occurrence; providing citizens with medicines, medical devices and personal protective equipment; construction, re-profiling and financing of medical organizations; support for medical workers, implementation of incentive payments. The review is based on the analysis of normative legal acts adopted by legislative and Executive authorities at all levels, their interaction, as well as the work carried out by the State Duma, the State Duma Committee on health protection, and parliamentary control. The proposals of the State Duma Committee on health protection on further improvement of the legislation of the Russian Federation in the field of health protection are reflected.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals Historical and cultural standard and teacher’s professional training within the course of the civil identity formation (formulation of the problem)

2021 ◽  
Vol 10 (3) ◽  
pp. 265-268
Author(s):  
Stanislav Gennadyevich Malkin
Keyword(s):  
Identity Formation ◽  
Educational Policy ◽  
Russian Federation ◽  
Professional Training ◽  
Historical Memory ◽  
Legal Regulation ◽  
The State ◽  
Common Denominator ◽  
Historical Education ◽  
The Russian Federation

The paper is devoted to the role of the state educational policy within the course of the Russian civil identity formation. The focus of the study is on the evolution of the aims of the authorities in matters of the historical education and historical memory, their norm-legal regulation and institutional support, as well as real educational practices. The introduction of the historical and cultural standard for teaching the school course of the history is considered as a collective attempt by the authorities and society to lead historical and educational policies to a common denominator in terms of the content and value. A special accent in the paper concerns the problems of the teacher professional training for the implementation of the state historical and educational policy of the Russian Federation within given framework, considering the specifics of the contemporary informational space. It attracts attention to the close ties between information wars and historical policy, in the context of the attempts to reconsider the results of the Second World War especially, keeping in mind its effects for the transformation of the civil identity and the changes of position the Russian Federation held on the international arena. Both methodological and organizational restrictions were identified in secondary and higher schools, which have a significant impact on the formation of civil identity through historical education, both at the stage of training pedagogical personnel and in the process of studying the school course of the history.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

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