scholarly journals A New Emergency Situation Type and Issues of the Legal Regulation Arising in Course of Its Liquidation

2021 ◽  
Vol 1 ◽  
pp. 12-16
Author(s):  
Vladimir A. Vinokurov ◽  
Keyword(s):  
Russian Federation ◽  
Emergency Situation ◽  
Legal Regulation ◽  
Federal State ◽  
Emergency Situations ◽  
New Type ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Federal Laws ◽  
Executive Body

The article is devoted to a new type of emergency situations — the situation created as a result of the spread of a disease that poses a danger to others. The article considers the norms of Federal laws that regulate issues related to the spread of a new coronavirus infection (COVID-19), analyzes the powers of the Federal Executive body authorized to solve problems in the field of protecting the population and territories from emergencies, and the chief state sanitary doctors who head the Federal Executive body responsible for organizing and implementing Federal state sanitary and epidemiological supervision, and its territorial bodies for the subjects of the Russian Federation. As a result of the analysis, proposals were formulated to amend the Federal laws “On the protection of the population and territories from natural and man-made emergencies” and “On the sanitary and epidemiological welfare of the population”, allowing to establish restrictions on the rights and freedoms of individuals and organizations in accordance with the requirements established by the Constitution of the Russian Federation, as well as to provide compensation in return for the restrictions imposed

scholarly journals PROBLEMS OF LEGAL REGULATION, ARISING DURING LIQUIDATION A NEW TYPE OF EMERGENCY SITUATIONS

2020 ◽  
pp. 49-60
Author(s):  
В.А. Винокуров
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal State ◽  
Emergency Situations ◽  
New Type ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Federal Laws ◽  
Executive Body

Статья посвящена рассмотрению проблем правового регулирования нового вида чрезвычайных ситуаций – обстановке, сложившейся в результате распространения заболевания, представляющего опасность для окружающих. Рассмотрены нормы федеральных законов, по которым осуществляется регулирование вопросов, связанных с распространением новой коронавирусной инфекции (COVID-19), проанализированы полномочия федерального органа исполнительной власти, уполномоченного на решение задач в области защиты населения и территорий от чрезвычайных ситуаций, и главных государственных санитарных врачей, возглавляющих федеральный орган исполнительной власти, осуществляющий функции по организации и осуществлению федерального государственного санитарно-эпидемиологического надзора, и его территориальные органы по субъектам Российской Федерации. В результате проведенного анализа сформулированы предложения по внесению изменений в федеральные законы «О защите населения и территорий от чрезвычайных ситуаций природного и техногенного характера» и «О санитарно-эпидемиологическом благополучии населения», позволяющие устанавливать ограничения прав и свобод физических лиц, а также организаций в соответствии с требованиями, установленными Конституцией Российской Федерации, а также предусматривать компенсацию взамен введенных ограничений. Annotation. The article is devoted to the problems of legal regulation of a new type of emergency situations – the situation that has developed as a result of the spread of a disease that is dangerous to others. The article considers the norms of Federal laws that regulate issues related to the spread of a new coronavirus infection (COVID-19), analyzes the powers of the Federal Executive body authorized to solve problems in the field of protecting the population and territories from emergencies, and the chief state sanitary doctors who head the Federal Executive body responsible for organizing and implementing Federal state sanitary and epidemiological supervision, and its territorial bodies for the subjects of the Russian Federation. As a result of the analysis, proposals were formulated to amend the Federal laws "on the protection of the population and territories from natural and man-made emergencies" and "on the sanitary and epidemiological welfare of the population", allowing to establish restrictions on the rights and freedoms of individuals and organizations in accordance with the requirements established by the Constitution of the Russian Federation, as well as to provide compensation in return for the restrictions imposed.

URGENT ISSUES OF LEGAL REGULATION IN THE FIELD OF PROTECTION OF POPULATION AND TERRITORIES IN EMERGENCY SITUATIONS

2021 ◽  
Vol 7 (4) ◽  
pp. 220-234
Author(s):  
Maxim S. DEMCHENKO
Keyword(s):  
Russian Federation ◽  
Emergency Situation ◽  
Legal Regulation ◽  
World Health ◽  
Individual Rights ◽  
Scientific Discussion ◽  
Emergency Situations ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Epidemiological Situation

On January 30, 2020, the spread of a new coronavirus infection was declared an international emergency by the World Health Organization. The state authorities of the Russian Federation have developed measures aimed at minimizing and eliminating the consequences caused by coronavirus infection, which in turn caused the need for rapid changes and additions to the regulatory framework in the field of protecting the population and territories from emergency situations. The question on the features of the emergency and high-alert mode, as well as the legality of restrictions on individual rights and freedoms introduced in the high-alert mode, has caused a scientific discussion in the field of protecting the population and territories from emergency situations. In this article, the author examines changes in legislation in this field, offers his interpretation of the basis and features of the legal regulation of the high-alert mode and restrictions on the rights and freedoms of an individual associated with the spread of the COVID-19 coronavirus infection. According to the author, taking into account the current epidemiological situation, Federal Law No. 68-FZ of December 21, 1994, “On the protection of the population and territories from natural and man-made emergencies” needs prompt and consistent changes in order to fully and comprehensively ensure the rights and freedoms of an individual. For example, it is necessary to introduce the concept of a biological and social emergency as one of the types of emergency situations that fall under legislative regulation. Analyzing the current legislation for legality of the introduced high-alert mode and restrictions on individual rights and freedoms, it is concluded that the existing mechanism for restricting individual rights and freedoms does not fully comply with the Constitution of the Russian Federation. Regarding the current epidemiological situation, it should be considered as an emergency situation with the need for introducing an appropriate mode. The research methodology is based on both general scientific and specific scientific methods of cognition: formal-logical, systematic, formal-legal, comparative, dialectical, predictive, modeling method, etc.

Risk-oriented Model of the Organization and Implementation of the Federal State Energy Supervision

2021 ◽  
pp. 76-81
Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Energy ◽  
Federal State ◽  
Economic Damage ◽  
Risk Category ◽  
State Control ◽  
Federal Law ◽  
Emergency Situations ◽  
Vital Functions ◽  
The Russian Federation

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.

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.

scholarly journals The system of offences related to illicit circulation of digital securities in Russia

2021 ◽  
pp. 38-50
Author(s):  
Elina Leonidovna Sidorenko ◽  
Ekaterina Aleksandrovna Khalizeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Technological Aspect ◽  
Alarm Signals ◽  
Research Task ◽  
The Russian Federation ◽  
Federal Laws ◽  
Further Development ◽  
Digital Assets

  This article is dedicated to the analysis of the system of offences related to the illicit circulation of digital securities in the Russian Federation. Special attention is given to the peculiarities of the mechanism of constructing the system of offences in the sphere of digital economy. The article analyzes the basic FATF acts pertinent to digital assets; examines the alarm signals in using such assets to launder proceeds acquired by illegal means or used to finance terrorism. The author reviews recommendations on application of risk-based approach in the process of creating due legal regulation of digital assets in the FATF member-states (including Russia). As a research task, the article aims to determine which acts associated with the illicit circulation of digital securities are the subjected to criminalization, as well as the composition of these offences considering the technological aspect of the mixed (economic and technological) nature of such assets. The corresponding draft federal laws “On the Amendments to the Criminal Code of the Russian Federation” and “On the Amendments to the Code of the Russian Federation on Administrative Offenses”, developed by the Ministry of Finances of the Russian Federation, comprise the legislative normative framework for this research. The conclusion is made on the reception (accounting) of recommendations for further development of such regulation in the Russian Federation.  

scholarly journals Concerning certain issues of legal regulation, goal-setting, management and work of the bank of Russia

2019 ◽  
pp. 66-80
Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov
Keyword(s):  
Central Bank ◽  
Goal Setting ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
State Governance ◽  
The Russian Federation ◽  
Federal Laws ◽  
Working Out ◽  
Reserve System

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

Legal regulation of urban activities and housing legislation

2018 ◽  
Author(s):  
Владимир Римшин ◽  
Vladimir Rimshin ◽  
Виктор Греджев ◽  
Viktor Gredzhev
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal State ◽  
Construction Design ◽  
Educational Standard ◽  
The Russian Federation ◽  
State Educational ◽  
Capital Construction ◽  
Urban Activities ◽  
Design Construction

The book describes the sources of legal regulation of urban activities in the Russian Federation, the powers of state authorities of the Russian Federation and bodies of local self-government in the field of urban planning, spatial planning, urban zoning, the provision of land plots for construction, design, construction and reconstruction of objects of capital construction, etc. Meets the requirements of the Federal state educational standard of higher education of the last generation.

scholarly journals Some approaches to the legal interpretation of the terms "verification" and "authentication"

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 185-189
Author(s):  
Nikita Nikolayevich Makolkin
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Evidence Based ◽  
Legal Interpretation ◽  
Linguistic Features ◽  
New Type ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Intensive Development

In this article, the author attempts to formulate the problem of the absence of a clear regulatory fixation of the terms "verification" and "authentication" in the legal field of the Russian Federation. In order to overcome the existing uncertainty, the study proposes a scientifically based approach to the interpretation of the above evidence, based both on the linguistic features of these terms and on their interpretation by foreign lawyers, their commonly used meanings. In the course of this study, the authors have found that there is a gap in the legislation, which leaves unresolved issues of verification and authentication, as well as online accessibility of justice, which, given the existing realities, allows talking about some belated responses of the judicial system to the current challenges of our time, which in particular showed the spread of a new type of coronavirus infection COVID-19. At the same time, it is emphasized that the formation of non-standard situations is a kind of trigger and catalyst for the accelerated intensive development.    

scholarly journals Prospects for Reducing Accidents on the Roads of the Russian Federation Using the Scientific and Methodological Approach

2021 ◽  
Vol 334 ◽  
pp. 01038
Author(s):  
Sergey Glagolev ◽  
Aleksander Novikov ◽  
Ivan Novikov ◽  
Anastasia Shevtsova
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Traffic Accidents ◽  
Methodological Approach ◽  
Emergency Situation ◽  
Transport Systems ◽  
Intelligent Transport ◽  
Emergency Situations ◽  
Depth Analysis ◽  
The Russian Federation

This article reports the results of an in-depth analysis of the transport situation in the Russian Federation and presents the main programmes, aimed at its improvement. The paper deals with the major ways of reducing risk of traffic accidents and increasing traffic safety. The paper proposes the scientific and methodological approach, providing the specialists with the opportunities of conducting a comprehensive assessment of the causes of emergencies and aiming at eliminating road accidents rates. The origin of the process of an emergency situation occurrence has been investigated and designed, the key components (constituents) of the process have been identified and the basic mechanisms, influencing the basic components, have been analyzed. The algorithm of the application of the proposed and developed scientific and methodological approach at the level of departmental organizations has been suggested. The article describes the mathematical model of the process of emergency situations occurrence, which, together with the applied telematics systems and intelligent transport systems, will help to achieve the basic objectives of the study.

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