scholarly journals Information Security and Application of Blockchain Technologies: Foreign Experience and the Need for Legal Regulation in the Russian Federation

JURIST ◽  
2019 ◽  
Vol 3 ◽  
pp. 42-49
Author(s):  
Elena G. Bagoyan ◽  
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Foreign Experience ◽  
The Russian Federation

scholarly journals DEVELOPMENT OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY AS PART OF THE NATIONAL SECURITY

2020 ◽  
Vol 16 (4-1) ◽  
pp. 54-63
Author(s):  
Татьяна Полякова
Keyword(s):  
Information Security ◽  
National Security ◽  
Russian Federation ◽  
Information Technologies ◽  
System Analysis ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Digital Data ◽  
The Russian Federation

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.

scholarly journals Legal Regulation of Public Control Institution: International and Foreign Experience

2019 ◽  
pp. 155-171 ◽  
Author(s):  
V. V. Goncharov
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Control ◽  
Foreign Experience ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of ◽  
Control Institution ◽  
Goals And Objectives

The paper is devoted to the analysis of the limits and the possibility of using international and foreign experience of its organization and functioning in optimizing the institution of public control in the Russian Federation. The author defines the concept of public control in the Russian Federation. The necessity of using international and foreign experience in the organization and functioning of the institution of public control in the process of optimizing this institution of civil society in Russia in the following areas is substantiated: 1) regarding the formulation of the concept of the institution of civil society control over public authority; 2) in terms of its consolidation in regulatory legal acts; 3) by definition of its basic principles, goals and objectives; 4)on consolidation of the list of objects in respect of which control is exercised; 5) on the development and implementation of the main forms and methods of this control; 6) to institutionalize the diversity of its subjects, as well as their authority. In this regard, a number of amendments and additions to the current legislation of the Russian Federation regulating issues of public control are proposed. The author applies a number of methods of scientific research, in particular: historical, comparative legal, and formal logical analysis. This will not only solve modern problems that arise during the organization and functioning of public control in the Russian Federation, but also ensure its full development as a promising civil society institution. The paper proposes a number of changes and additions to the current legislation of Russia, regulating issues of public control. The results can be used both in educational and scientific, and in practical activities, including in lawmaking.

Minimum wage: problematic issues and a positive trend

2021 ◽  
pp. 26-29
Author(s):  
I.V. Rogov
Keyword(s):  
Minimum Wage ◽  
Russian Federation ◽  
Legal Regulation ◽  
Positive Trend ◽  
Foreign Experience ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

The article is devoted to the study of problematic issues of legal regulation of the minimum wage, taking into account the relevant foreign experience (on the example of the countries of the Eurasian Economic Union). A positive trend is indicated: an increase in the minimum wage in the Russian Federation.

scholarly journals Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation

2018 ◽  
Vol 2 (1) ◽  
pp. 123-132
Author(s):  
Anna V. Nikitina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Foreign Experience ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Constitutional Legitimacy

Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.

Legal custom as a multilevel instrument of legal regulation of labor in the Russian Federation and the EU

2021 ◽  
Author(s):  
V.V. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Labor Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Disputes ◽  
Foreign Experience ◽  
The Russian Federation ◽  
First Time ◽  
Supranational Level ◽  
The Eu

The article examines some of the issues of recognizing legal custom as a source of labor law from the point of view of the current Russian legal regulation, foreign experience and at the EU level. The practice of jurisdictional bodies in the application of legal customs as sources of labor law in the resolution of labor disputes is taken into account and evaluated. The author proposes the qualification of legal custom in the field of labor law through a set of features. The article also considers for the first time the phenomenon of legal custom as a source of labor law at the supranational level (EU level).

scholarly journals Denationalization of enforcement proceedings: foreign experience and prospects for Implementation in the Russian Federation

2021 ◽  
pp. 45-58
Author(s):  
Alekseу Yur'evich Kravtsov ◽  
Dmitrii Ivanovich Makushev
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Mixed Model ◽  
Legal Regulation ◽  
Foreign Experience ◽  
Current State ◽  
Partial Transfer ◽  
The Russian Federation ◽  
The Government ◽  
Basic Characteristics

Current state of the world economy and the development of private law institutions implies limited interference of the government in the activity of the actors of social relations based on their equality, autonomy of will, and property autonomy. Foreign experience demonstrates that the transfer of certain public functions from the government to nongovernmental or private entities yields positive results. One of such spheres of activity is the enforcement of court decisions and acts of other branches, which in a number of countries is carried out by private executors. At the same time, the effectiveness of the nongovernmental model of enforcement proceedings first and foremost depends on the quality of legal regulation. This article is dedicated to the analysis of Russian and foreign models of enforcement proceedings. The authors explore the mechanisms of denationalization of the state system of enforcement of executive documents and the prospects for its implementation in the Russian Federation. The scientific novelty of the research consists in the development of the key vectors of reforming the system of enforcement proceedings in the Russian Federation associated with partial transfer of the authority on enforcement of executive documents from bailiffs to private enforcement agents. It is noted that recently the rate of enforcement of executive documents has not been sufficient to indicate the effectiveness of enforcement proceedings, which is primarily substantiated by the increased workload of bailiffs. The conclusion is made on the need to reform the mixed model of enforcement proceedings in the Russian Federation, which includes two links: governmental and nongovernmental. The basic characteristics of such a model are formulated.

The Internet of Things in the Russian Federation

2020 ◽  
pp. 274-290
Author(s):  
Anna Zharova ◽  
Vladimir M. Elin
Keyword(s):  
Information Security ◽  
Internet Of Things ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Regulation ◽  
The Internet ◽  
General Picture ◽  
Russian State ◽  
The Russian Federation ◽  
The Internet Of Things

The chapter presents a study on ensuring the information security of the Russian Federation in the field of the internet of things (IoT), an analysis of Russian state policy in this field and methods for its implementation in terms of technical and legal regulation, and the directions of state development in field creating a system of regulation of relations in the field of IoT. To present the general picture of the state's opposition to the risks and threats arising from the use of the IoT, a comparison is made of the risks and threats used by the FSTEC of Russia and ENISA. The authors disclose Russian approaches to ensuring information security, reflected in state strategic documents, including the strategy adopted in 2015 in the field of ensuring information security by switching to their own information technologies. In conclusion, recommendations are made for government bodies and users to ensure integrated information security.

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