scholarly journals Disciplinary Authorities of Chambers of Lawyers as Subjects of Protection of Professional Rights of Attorneys

2021 ◽  
Vol 2 ◽  
pp. 10-12
Author(s):  
Yulia M. Badylo ◽  
Keyword(s):  
Russian Federation ◽  
Professional Ethics ◽  
Rights Protection ◽  
The Subject ◽  
The Russian Federation

The article reveals the role of the Qualification Commission and the Council of the Bar Chamber of the subject of the Russian Federation in the protection of the professional rights of the lawyer in carrying out disciplinary proceedings against him. In particular, the author singles out procedural and substantial ways of defense lawyers’ rights protection by disciplinary bodies of the chamber, the analysis of corresponding norms of the Code of Professional Ethics of Lawyers.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals Cluster Policy in the Russian Federation: A Сase Study of Industrial Clusters

2018 ◽  
Vol 37 (2) ◽  
pp. 61-75 ◽  
Author(s):  
Irina Rodionova ◽  
Tatiana Krejdenko ◽  
Cezary Mądry
Keyword(s):  
Russian Federation ◽  
Russian Literature ◽  
Industrial Clusters ◽  
Cluster Policy ◽  
Role Of The State ◽  
The Subject ◽  
The Russian Federation ◽  
Spatial Diversification ◽  
Low Efficiency

Abstract The article describes cluster policy in the Russian Federation regarding industrial clusters. In the first part, the authors explain the definitions of basic concepts related to clusters that are used in Russia, the features of cluster policy in the light of European experiences, and bring closer the Russian literature on the subject. In the second part, they distinguish and describe five stages of cluster policy in Russia. In the third part, they present basic quantitative data describing clusters in Russia, including their spatial diversification, the number of entities creating clusters, employment, etc. A particular role of the state in creating clusters and subsequent cluster policy programs is described, paying attention to their low efficiency.

scholarly journals From the Constitution of the Russian Federation to an order: particularities of departmental rule-making in health care

2021 ◽  
Vol 2021 (2) ◽  
pp. 70-76
Author(s):  
Antonina Chuprova
Keyword(s):  
Health Care ◽  
Russian Federation ◽  
Research Problem ◽  
Medical Organization ◽  
Domestic Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
Federal Laws ◽  
Rule Making

The relevance of the research is based on the role of special orders of the Ministry of Health about the realization of citizens’ rights to available and qualitative medical care by providing patients with the opportunity to choose a medical organization. Problems arising in connection with the untimely delivery of health care arise from the contradictions in the provisions of regulations that occupy different places in the hierarchy of domestic legislation. The formulation of the research problem is conditioned by the subject of the analysis, which does not only reflect the existing contradiction between departmental orders in the health care system of the Constitution of the Russian Federation and the provisions of current federal legislation, but allows us to resolve the problems of their correlation, on the basis of which a serious transformation of the not yet patient-oriented normative framework in the health care sector should take place. The objective of the study is to formulate proposals for improving the current legislation that defines the rights of citizens in the field of healthcare. Based on the results obtained, conclusions were drawn, according to which it is advisable to adjust certain provisions of departmental regulations, taking into account the rights of patients, which they are endowed with by the Constitution of the Russian Federation and federal laws in the field of health care. Based on the criminological aspect of violations in the normative acts hierarchy by departmental orders, we can speak about the emergence of a new group of corruption risks.

scholarly journals LEGAL PRINCIPLES OF THE AUSTRIAN TAX SYSTEM’S REGULATION

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Оксана Журавлева ◽  
Oksana Zhuravleva
Keyword(s):  
Russian Federation ◽  
Federal State ◽  
Legal Principles ◽  
Federal States ◽  
Tax Legislation ◽  
Eurasian Economic Union ◽  
The Subject ◽  
The Russian Federation ◽  
Supranational Regulation

According to the Concept of the Foreign Policy of the Russian Federation, the establishment of the Eurasian Economic Union is a priority for Russia. It is necessary to take into account the experience of other federal states through the integration model’s creation. Austria is a federal state like the Russian Federation. The analysis of the Austrian experience in tax regulation including the implementation of supranational regulation rules in the national legislation may help to plan successful strategies. The article is focused on the legal basis for taxation in Austria. The subject of the research is the legal principles of taxation regulation, its dynamics, system and sources of tax legislation. The author concludes that 2015/2016 tax reform will change the implementation mechanisms of principles of federalism and justice. The research identifies tendencies for strengthening the role of federal regulation in taxation, harmonization of taxation procedures, revision of the economic model of taxation of physical persons’ incomes.

Increasing of the Role of Social Security in Taxing Personal Income As an Instrument for Smoothing the Spatial Polarization of Regions

2018 ◽  
Vol 6 (3) ◽  
pp. 59-64
Author(s):  
З. Сеферова ◽  
D, Seferova
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Low Income ◽  
Financial System ◽  
Personal Income ◽  
Tax Rate ◽  
Subsistence Minimum ◽  
The Subject ◽  
The Russian Federation

The subject of the study is taxation as an instrument for regulating the processes occurring in the functioning of the country’s financial system. The subject of the study is the taxation of incomes of individuals operating in the Russian Federation. The tax rate on income of individuals at the rate of 13%, established in our country is socially unfair with regard to low-income citizens of the country. In this connection, there arises the need either to free the income of a citizen from the tax equal to the subsistence minimum, or to apply a special taxation regime based on coefficients that reduce the level of taxation.

scholarly journals The viewpoint of health care supervisors on the role of Russian Federal Service for Oversight of Consumer Protection and Welfare for In intersectoral cooperation on the problems of health protection of the population within the subject of the Russian Federation

2020 ◽  
Vol 99 (5) ◽  
pp. 430-435
Author(s):  
Natan G. Korshever ◽  
Sergey A. Sidelnikov ◽  
Yuliy R. Dorfman
Keyword(s):  
Health Care ◽  
Russian Federation ◽  
Consumer Protection ◽  
Regional Level ◽  
Health Protection ◽  
Health Determinants ◽  
Intersectoral Cooperation ◽  
The Subject ◽  
The Russian Federation

The aim of the work has been the investigation of the viewpoint of health care supervisors on the role of Russian Federal Service for Oversight of Consumer Protection and Welfare in intersectoral cooperation on the problems of health protection of the population within the subject of the Russian Federation. Material and methods. There has been carried out an anonymous questioning of 405 health care supervisors, including 126 experts. Besides, there have been analyzed the materials of annual national reports of the Administration of the Federal Service for Oversight of Consumer Protection and Welfare in the Saratov region “On the state of sanitary-epidemiological well-being of the population in the Russian Federation”. Results. There has been determined a list of 23 sectors engaged in health care of the population at the regional level - 13 relatively more significant (basic) and 10 relatively less significant sectors. Federal Service for Oversight of Consumer Protection and Welfare Russian is one of the basic sectors. There has been established the significance of cooperation of the sector “Federal Service for Oversight of Consumer Protection and Welfare Russian” with other engaged structures. A wide spectrum of 37 health determinants has been detected. There have been obtained the data which make it possible to determine two directions of health care optimization at the regional level. The first direction is associated with purposeful influence of the engaged sectors on health determinants. To achieve this aim there has been established the possible influence of each sector, Russian “Federal Service for Oversight of Consumer Protection and Welfare” in particular, on each of the considered health determinants. This will make the formation of prophylactic programs significantly easier due to transformation of this process into a purposeful and structured process. The second direction is conditioned by the fact that optimization of any process is possible on the basis of evaluation of the initial state of the process, and evaluation is based on corresponding informative indices. These 38 indices of the effectiveness of intersectoral cooperation on the problems of health protection of the population have been established, and the significance of Russian Federal Service for Oversight of Consumer Protection and Welfare’s influence on each of these indices has been determined. At establishment of an insufficient level of corresponding indices, the sector “Russian Federal Service for Oversight of Consumer Protection and Welfare’s has been brought to optimization. Conclusion. The results of mentioned investigation may be realized in activities for health protection of the population within the subject of the Russian Federation, and in professional training of authorized employees of the engaged sectors.

scholarly journals Stagnation of Social Partnership in Russia

2020 ◽  
Vol 16 (1) ◽  
pp. 70-74
Author(s):  
Oleg V. Neterebskiy
Keyword(s):  
Russian Federation ◽  
Social Partnership ◽  
The Past ◽  
Social Risks ◽  
Social Standards ◽  
Role Of The State ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The Object of the Study. The system of social partnership in the Russian Federation. The Subject of the Study. Agreements of the social partnership system of the Russian Federation at various levels (federal, territorial, sectoral). The Purpose of the Study. Identification of trends and main causes of changes in the agreements of the social partnership system in the Russian Federation at various levels and their impact on basic social standards. The Main Provisions of the Article. The author analyzes the agreements of the federal, sectoral and territorial levels of the social partnership system of the Rossiyskaya Federatsiya in chronological dynamics and examines the causes and trends of stagnation of social partnership The analysis of specific obligations of the parties to the agreements, shows a departure from the positive practices developed in the past shows the declarativity of social partnership agreements of the last period and the increasing role of the state while reducing the influence of civil society institutions and related social risks.

scholarly journals КВАЛИФИКАЦИЯ НАРУШЕНИЙ ТРЕБОВАНИЙ В ОБЛАСТИ ТРАНСПОРТНОЙ БЕЗОПАСНОСТИ С УЧЁТОМ ОСОБЕННОСТЕЙ СУБЪЕКТИВНЫХ ПРИЗНАКОВ ПРЕСТУПЛЕНИЯ, ПРЕДУСМОТРЕННОГО СТАТЬЁЙ 2631 УК РФ

2020 ◽  
Vol 56 (3) ◽  
pp. 137-145
Author(s):  
Е.А. Князева
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Group ◽  
Research Work ◽  
Criminal Code ◽  
Transport Infrastructure ◽  
Transport Safety ◽  
The Subject ◽  
The Russian Federation

В представленной научной работе анализируются проблемы квалификации субъективных признаков статьи 2631 УК РФ. Установлено, что данная норма была изменена в части субъекта преступления, а именно – была введена уголовная ответственность за несоблюдение требований в области транспортной безопасности пассажирами и иными лицами, т.е. лицами, обладающими признаками общего субъекта преступления. В качестве квалифицированных признаков анализируемой нормы была введена уголовная ответственность за групповое совершение данного преступления при наличии неосторожной формы вины, а именно – группа лиц по предварительному сговору и организованная преступная группа. Мы считаем, что введение соучастия в такого рода преступлениях представляет серьёзную проблему для последующего применения статьи 2631 УК РФ на практике, поскольку квалифицировать в случае нарушений указанных в рассматриваемой нами норме специальных правил по указанным в частях третьей и четвёртой признакам будет практически невозможно. Нам видится, что основная проблема ответственности соучастников за нарушение требований в области транспортной безопасности со-стоит в необходимости установления двух важных моментов: 1) ограничение круга специальных субъектов анализируемого состава преступления и его отражение на ответственность других соучастников; 2) оценка уголовно-правовой характеристики роли субъекта и других соучастников преступления. Сделан вывод о том, что соучастие по исследуемой нами норме возможно лишь в тех случаях, когда исполнителем данного преступления является специальный субъект. Остальные лица подлежат уголовной ответственности как организатор, подстрекатель или пособ-ник. Полагаем, что следует исключить данные квалифицированные признаки из исследуемого нами состава и говорить о неосторожном сопричинении, а не о со-участии. Ключевые слова: квалификация, нарушение требований, неосторожное со-причинение, неосторожная форма вины, соучастие, субъективная сторона преступления, субъект преступления, транспортная безопасность, транспортная инфраструктура. The present research work analyzes the problems of qualifying the subjective characteristics of Article 2631 of the Criminal Code of the Russian Federation. It was established that this provision was changed in terms of the subject of the crime, namely, criminal liability was introduced for non-compliance with the requirements in the field of transport safety by passengers and other persons, i.e. persons possessing the characteristics of a common subject of a crime. As qualified features of the analyzed norm, criminal liability was introduced for the group commission of this crime in the presence of a careless form of guilt, namely, a group of persons by prior conspiracy and an organized criminal group. We believe that introduction of complicity in this type of crime is a serious problem for the subsequent application of Article 2631 of the Criminal Code of the Russian Federation in practice, since it will be practically impossible to qualify in case of violations of the rules specified in the norm under consideration by the signs indicated in parts three and four. We see that the main problem of responsibility of accomplices for violation of requirements in the field of transport security is the need to establish two important points: 1) limiting the range of special subjects of the analyzed corpus delicti and its reflection on the responsibility of other accomplices; 2) assessment of the criminal law characteristics of the role of the subject and other accomplices in the crime. It is concluded that complicity according to the norm we are investigating is possible only in cases where the perpetrator of this crime is a special subject. The rest of the persons are subject to criminal liability as organizer, instigator or accomplice. We believe that it is necessary to exclude these qualified signs from the composition we are studying and talk about careless complicity, and not about complicity. Keywords: qualification, violation of requirements, careless submission, careless form of guilt, complicity, the subjective side of the crime, the subject of the crime, transport security, transport infrastructure.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals JUDICIAL PRECEDENT AS A SOURCE OF TAX LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 20-24
Author(s):  
Karina Aleksandrovna Ponomareva
Keyword(s):  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Consciousness ◽  
Tax Law ◽  
Growing Up ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Very High

The subject. The article is devoted to analysis of the role of the judicial precedent in the system of sources of tax law.Aim. The aim of this paper is to analyze the essence of national and international judicial precedents in the area of tax law.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and methods of comparative law.Results, scope. The role of judicial precedent in the system of sources of modern tax law is con-sidered in the article. Although the precedent in the Russian Federation as a source of law is not formally recognized, but actually used, its role in tax law is very high. The judicial precedent can be confidently recognized as the source of the tax law of Russia. In this case, courts often take on not only the role of interpreters of law, but their decisions act as a legal doctrine.Conclusions. The author comes to the conclusion that the role of decisions of courts, especially the highest courts, is growing, up to giving them signs of a precedent interpretation.

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