scholarly journals The Use of Information Technology by an Attorney in the Course of Legal Assistance in Court

2020 ◽  
Vol 10 ◽  
pp. 51-55
Author(s):  
Viktor V. Naumov ◽  
Keyword(s):  
Legal Assistance ◽  
Automated Systems ◽  
Information Tools ◽  
Retrieval Systems ◽  
Civil Proceedings ◽  
Information Retrieval Systems ◽  
The Russian Federation ◽  
The Government ◽  
Problematic Aspect

This article expresses the results of a comprehensive scientific research: 1) classification of information tools used in arbitration and civil proceedings; 2) identified problematic aspects of the use of legal reference systems and automated information retrieval systems, identified the importance of use the automated systems within the lawyer’s request; 3) analyzed the features of the use of videoconferencing systems by a lawyer; 4) the problematic aspect of the preservation of attorney secrecy was found when using EDS within the SAS “Electronic Justice”. The study is based on doctrinal sources (russian and foreign), concepts of the Government of the Russian Federation, intra-judicial administrative acts and corporate norms of the intra-legal community.

scholarly journals Project and Program Management Under Conditions of Strategic Planning Modernization

2020 ◽  
pp. 56-63
Author(s):  
Natalya Pazdnikova ◽  
Ilya Pazdnikov
Keyword(s):  
Strategic Planning ◽  
Strategic Change ◽  
Management Practice ◽  
Program Management ◽  
Clear Understanding ◽  
Russian Economy ◽  
The Russian Federation ◽  
The Government

The modernization of strategic planning in the Russian economy is caused by the existing situation and problems of public administration in the conditions of the formation and implementation of projects initiated by the government. The main purpose of this article is to demonstrate the need to deal with the issues connected with the emergence of a huge diversity of projects that will provide a clear understanding of the role of strategic mechanisms applied in the territories of the Russian Federation. For the solution of this goal, originally, the genesis of the formation of the national project and program management has been carried out. The contribution of the Soviet school to the development of the state project development as well as studies of the modern stage of strategic planning has been analyzed. The authors suggest a hypothesis that project and program management is a key component of the government policy. The effectiveness of project management can be studied by means of the methods of strategic management. The authors conduct the research on the basis of comparative analysis, normative and expert methods which allow estimating the characteristics of projects and programs on the basis of the portfolio ideology. In addition, the approach to the formation of the economic mechanism of the portfolio to the partnership of project participants and program management on the basis of the interaction of system elements have been proposed. The obtained results of the study of foreign and domestic experience allow us to suggest a classification of social projects and programs within the portfolio partnership of participants and to analyze the current statistics. The results of the study show an increase of quantitative and qualitative components of project and program management practice of strategic changes. The main results prove that over time the strategic change in project activity, contradictions are observed and inconsistencies in state requirements and practices are found that need effective decisions.

THE NORMATIVELY FIXED “CRITERIA” OF QUALIFIED LEGAL ASSISTANCE IN CIVIL PROCEEDINGS AND ARBITRATION PROCEDURE ARE ON THE AGENDA (IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF 16 JULY 2020 NO. 37-P)

2021 ◽  
Vol 10 (6) ◽  
pp. 101-113
Author(s):  
D.I. BEKYASHEVA
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Assistance ◽  
Federal Law ◽  
Close Attention ◽  
Legal Proceedings ◽  
Correct Conclusion ◽  
Civil Proceedings ◽  
Arbitration Procedure ◽  
The Russian Federation

The experience of creating professionally oriented legal proceedings is not new (besides, it is far from positive) for arbitration procedure, which, once again addressing this issue, required the legislator to thoroughly study, at least, that had already happened in this regard – the practice of the Constitutional Court of the Russian Federation. While recognizing the existence of two mutually exclusive provisions that appeared in one Resolution of the Constitutional Court of the Russian Federation (from 16 July 2004 No. 15-P), we still cannot but come to the sad conclusion that when establishing restrictions on judicial representatives, none of the conclusions of the Constitutional Court of the Russian Federation is so was not accounted for. At the same time, the Constitutional Court of the Russian Federation itself, in its own Resolution of 16 July 2020 No. 37-P, where the qualified legal assistance provided was checked (Federal Law of 28 November 2018 No. 451-FZ), states the presence of a minimum standard, which externally appears as a forecast of an alleged additional (possibly more close) attention to the set of criteria for a professional representative, but from the inside – this argument of the Constitutional Court of the Russian Federation is just an aporia, a logically correct conclusion, which is still unable to exist in reality.

Justification of the cost representation services as one of the criteria of reasonableness (excessive) in reimbursement of expenses in civil and arbitration proceedings (problem statement)

2020 ◽  
pp. 383-389
Author(s):  
Valentin Nazarov ◽  
Ilya Volkov
Keyword(s):  
Legal Regulation ◽  
Legal Services ◽  
Narrow Sense ◽  
Problem Statement ◽  
Civil Proceedings ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
The Cost

We present a justified position that the definition of reasonableness (excess) in reimbursement of expenses is included in a wider range of problems associated with reasonableness in civil proceedings – problems of a doctrinal nature. We substantiate the argument that the legal nature of the “reasonable limits” for collecting expenses (especially, the justification for the representation services cost) does not have the effect of “pre-reflection” due to a number of objective reasons. We pay special attention to the neces-sity for legal mediation of the problem sector (and, in general, interested par-ticipation from the state, for example, when the Government of the Russian Federation is included in this process), concerning the justification of the cost of legal services for reimbursement of expenses in civil and arbitration pro-ceedings. We list materials of court practice on reimbursement of expenses for payment of the representative's services, confirming the polarity of posi-tions. We reflect other criteria that affect the justification of legal services cost in the context of the problem under consideration. We attempt to answer the question: what are the limits of such legal mediation of the problem sector: is there no risk of legalization in the narrow sense of this concept (excessive legal regulation)?

scholarly journals The Case for Curation: The Relevance of Digest and Citator Results in Westlaw and Lexis

2017 ◽  
Author(s):  
Susan Nevelow Mart
Keyword(s):  
Number System ◽  
Case Law ◽  
Computer Algorithms ◽  
Legal Research ◽  
Legal Information ◽  
Retrieval Systems ◽  
Information Retrieval Systems ◽  
Finding Aids ◽  
The Creation

Humans and machines are both involved in the creation of legal research resources. For legal information retrieval systems, the human-curated finding aid is being overtaken by the computer algorithm. But human-curated finding aids still exist. One of them is the West Key Number system. The Key Number system’s headnote classification of case law, started back in the nineteenth century, was and is the creation of humans. The retrospective headnote classification of the cases in Lexis’s case databases, started in 1999, was created primarily - although notexclusively - with computer algorithms. So how do these two very different systems deal with a similar headnote from the same case, when they link the headnote to the digest and citator functions in their respective databases? This paper continues the author’s investigation into this question, looking at the relevance of results from digest and citator searches run on matchingheadnotes in Westlaw and Lexis for ninety important federal and state cases, to see how each system performs. For digests, where the results are curated where a human has made a judgmentabout the meaning of a case and placed it in a classification system humans still have an advantage. For citators, where algorithm is battling algorithm to find relevant results, it is a matter of the better algorithm winning. But neither algorithm is doing a very good job of finding all the relevant results; the overlap between the two citator systems is not that large. The lesson for researchers: know how your legal research system was created, what involvement, if any, humans had in the curation of the system, and what a researcher can and cannot expect from thesystem being used.

scholarly journals Die Regierungsform Russlands, der Ukraine und Weißrusslands – Superpräsidentialismus?

2019 ◽  
Vol 65 (3) ◽  
pp. 297-358
Author(s):  
Michael Trattner
Keyword(s):  
Russian Federation ◽  
Parliamentary Systems ◽  
Presidential System ◽  
Traditional Classification ◽  
The Russian Federation ◽  
The Common ◽  
The Government ◽  
Presidential Systems

Along with the common scholarly classification of government systems as parliamentary systems, presidential systems, semi-presidential systems or their respective derivatives, often the terms of the so-called “super-presidentialism” or “super-presidential system” can be found in the literature. Until now, these terms have not been substantially clarified. This articles attempts to find at least approximate, initial answers to the question whether there is a further level of classification of government systems in addition to the traditional classification. For this purpose, this article analyses the particular competences of the presidents of the Russian Federation, Ukraine and Belarus from a constitutional, comparative viewpoint. The article aims to provide a demonstrative catalogue of competences that, in a particularly significant way, indicate a potential imbalance in the government system. Furthermore, the article sheds light on the question whether in the analyzed states there are tendencies of super-presidential systems, or whether such a system can actually even be confirmed in these states.

scholarly journals The Prosecutor as a Subject of Prosecution in the Civil Procedural Order

2020 ◽  
pp. 98-106
Author(s):  
Irina I. Golovko ◽  
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
The Government

Based on the results of the study of federal regulatory legal acts and judicial practice, the author of the article substantiates the conclusion about the advisability of applying the concept “prosecution” to the activities of the prosecutor participating in hearings in civil-law cases. At present, only criminal prosecution by the prosecutor is enshrined in Article 37 of the Criminal Procedure Code of the Russian Federation. There are research works that justify administrative prosecution by the prosecutor. With regard to the prosecutor’s participation in the consideration of cases by courts outside of criminal proceedings, the issues of defining the role of the prosecutor as a subject of prosecution have not been raised in research. However, in connection with the enactment of laws on anti-corruption, on the reversion of civil servants’ property to the government, the issues of understanding the role of the prosecutor involved in civil proceedings acquire particular importance. In addition, civil liability has been established for offenses, e.g., in the form of liquidation of a legal entity by a court decision issued at the request of the prosecutor. The prosecutor is empowered to initiate the consideration of a case by the court upon the request to bring the perpetrator to civil liability, and the practice of considering such cases by the courts is being formed. In this regard, it is necessary to investigate the identified problem. The aim of this study was to analyze the approaches in the science of prosecutor’s activities, to form a conception of the prosecution by the prosecutor of persons who, according to the prosecutor, are guilty of committing an offense in the consideration of cases by courts in civil proceedings. As a result of the study, the features of the prosecutor’s participation in anti-corruption cases in civil proceedings that characterize the prosecutor’s activities as the prosecution of persons accused – by the prosecutor – of committing corruption offenses have been established. Attention has been drawn to other categories of civil cases in which the prosecutor also conducts prosecution. It has been emphasized that the prosecution is conducted only if the prosecutor applies to the court with a statement of claim, but not in the case of joining the case to give an opinion. The conclusion is made that there are theoretical and legal preconditions for separating the prosecution by the prosecutor in the civil procedural order. The established patterns and findings are aimed at ensuring the unity of approaches to defining the aims and objectives of the prosecutor’s activities in diverse directions, which contributes to increasing the efficiency of the prosecutor’s activities as a whole.

About of the Necessary the Review of the Government Decision of the Russian Federation from October 19, 2012 No. 1069 for Classification of Radioactive Wastes

2021 ◽  
Vol 66 (2) ◽  
pp. 83-88
Author(s):  
Boris Serebryakov
Keyword(s):  
Radioactive Waste ◽  
Russian Federation ◽  
Raw Materials ◽  
Natural Radionuclides ◽  
Radioactive Waste Disposal ◽  
Future Generations ◽  
Government Decision ◽  
The Russian Federation ◽  
The Government

Purpose: Consideration of the shortcomings of the Government Decision of the Russian Federation of 19 October 2012 No. 1069 on the classification of radioactive waste. Development of recommendations to change the Regulations of radiation safety of current and future generations with the radioactive waste disposal. Results: There was obtained the shortcomings of the Decree of the RF Government dated 19 October 2012, No. 1069 these deficiencies can lead to overexposure of present and future generations of people to unnecessary costs and mixed results in the classification of radioactive waste. Conclusions: the developed proposals for the government’s decision: 1. Completely rework the requirements for waste include in radioactive waste. 2. To exclude from the solution of waste containing tritium. 3. To exclude from the resolution of solid and liquid wastes generated from implementation of the non-use of nuclear energy for mining and processing mineral and organic raw materials with high content of natural radionuclides.

Some features of classification of malicious violations of the regime of serving a sentence

2020 ◽  
pp. 28-34
Author(s):  
Андрей Николаевич Гордополов
Keyword(s):  
Russian Federation ◽  
Cell Type ◽  
Federal Target Program ◽  
The Public ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Single Cell Type ◽  
Correction System

В последнее время, в связи с повышением количества осужденных за тяжкие и особо тяжкие преступления в местах лишения свободы, увеличивается количество нарушений режима отбывания наказания. В Концепции развития уголовно-исполнительной системы Российской Федерации до 2020 года, утвержденной распоряжением Правительства РФ от 14.10.2010 № 1772-р, в постановлении Правительства РФ от 06.04.2018 № 420 «О Федеральной целевой программе “Развитие уголовно-исполнительной системы (2018-2026 годы”)» отмечается необходимость ужесточения мер воздействия в отношении злостных нарушителей режима отбывания наказания и недостаточное количество мест изоляции, таких как штрафной изолятор, помещения камерного типа, единые помещения камерного типа. Предметом работы являются критерии признания осужденного злостным нарушителем режима отбывания наказания. Целью работы является получение нового знания в области признания осужденного злостным нарушителем режима для рационального применения меры дисциплинарного воздействия. В статье проводится анализ статистических данных, на основе которых выделяются наиболее распространенные виды злостных нарушений. Вводятся рекомендации по целесообразности признания осужденных злостными нарушителями режима отбывания наказания, исходя из общественной опасности совершенного нарушения. Сравниваются различные классификации злостных нарушений режима. Предлагается новая классификация злостных нарушений. Данное исследование может использоваться при обучении сотрудников, непосредственно принимающих участие в процессе воспитания и исправления злостных нарушителей. Recently, due to the increase in the number of persons convicted of serious and especially serious crimes in places of deprivation of liberty, the number of violations of the regime of serving a sentence has increased. In The Concept for the development of the penal correction system up to 2020, approved by order of the Government of the Russian Federation No. 1772-R; in the Decree of the Government of the Russian Federation dated April 6, 2018. No. 420 “On the Federal target program Development of the penal enforcement system (2018-2026)” notes the need to tighten measures against malicious offenders of the regime of serving sentences, and the insufficient number of places of isolation such as a penal isolation unit, cell-type premises, single cell-type premises. The subject of the work is the criteria for recognizing a convicted person as a malicious violator of the regime of serving a sentence. The purpose of the work is to obtain new knowledge in the field of recognizing a convicted person as a malicious violator of the regime for the rational application of disciplinary measures. The article analyzes statistical data on the basis of which the most common types of malicious violations are identified. Recommendations are introduced on the expediency of recognizing convicts as malicious violators of the regime of serving a sentence, based on the public danger of the committed violation. Compares the different classifications of willful violations of the regime. A new classification of malicious violations is proposed. This research can be used for training practical employees who are directly involved in the process of educating and correcting malicious offenders.

scholarly journals No fim, o bibliotecário morre

2006 ◽  
Vol 4 (3) ◽  
pp. 72
Author(s):  
Regina Keiko Obata F. Amaro
Keyword(s):  
Information Retrieval ◽  
Key Words ◽  
Conceptual Approach ◽  
Culture Systems ◽  
Retrieval Systems ◽  
Film Representation ◽  
Information Retrieval Systems ◽  
The Rose

Apresenta organização e classificação dos sistemas de informação e cultura revistas a partir de O Nome da rosa, livro e filme. Destaca a representação como abordagem conceitual. Amplia a noção de linguagem estabelecida para o Sistema de Recuperação da Informação (SRI) e propõe a identificação de várias linguagens como constituintes dos sistemas de informação e cultura. Essas linguagens, tomadas como instrumentos conceituais e operacionais, são utilizadas para a análise da obra em questão. Palavras-chave Sistemas de informação e cultura; Sistema de Recuperação da Informação (SRI); Representação; Linguagem; O Nome da rosa Abstract Organization and classification of the information and culture systems reviewed starting from The Name of the rose, book and film. Representation is the conceptual approach. The language notion used on Information Retrieval Systems (IRS) is broadened. Proposes the identification of several languages as constituents of the information and culture systems. These languages, taken as conceptual and operational tools, are used for the analysis. Key words Information and culture systems; Information Retrieval Systems (IRS); Representing; Language; The Name of the rose

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