scholarly journals Issues of the Legal Regulation of the Procedure for Bringing to Administrative Liability for the Violation of the High-Alert Mode in Conditions of the Pandemic of the New Coronavirus Infection (COVID-19)

2020 ◽  
Vol 12 ◽  
pp. 32-35
Author(s):  
Mikhail I. Nikulin ◽  
◽  
Lada A. Rerikh ◽  

The article analyzes the procedure for imposing to administrative responsibility under article 3.18.1 of the Code of Administrative offenses of Moscow for violation of the high-alert regime. The article deals with problematic issues of compliance with the constitutional rights of citizens who are imposed to administrative responsibility in the case of automated recording of an offense using the city video surveillance system and face recognition technologies It is made a reasoned conclusion about inadmissibility of objective accusation and illegality of distribution of the order of attraction to administrative responsibility, established in part 3 of article 28.6 of the Code of Administrative offenses of the Russian Federation, the offense that are not provided by federal laws.

2021 ◽  
Vol 2 ◽  
pp. 21-29
Author(s):  
A.D. Dashieva ◽  

The article describes questions of administrative and legal regulation in the conditions of the high alert regime. The administrative measures taken to prevent the spread of the new coronavirus infection (COVID-19) came into force on April 1, 2020. The article introduces the procedure for establishing rules, requirements and prohibitions for citizens and organizations in the the high alert mode territory. Questions arise about the requirements, for violation of which they are held liable under Article 20.6.1 of the Code of Administrative Offenses of the Russian Federation, as the Code established administrative responsibility for non-compliance with the rules of behavior in an emergency or the threat of its occurrence. Part 2 of Art. 6.3 of the Code of Administrative Offenses of the Russian Federation has been amendened to regulate the administrative responsibility for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, if such an offence is committed during an emergency regime or in the event of a threat of the spread of a dangerous disease. The requirements for masks and personal protective equipment have been analyzed, as for the absence of masks the requirements can be brought to administrative responsibility. A big problem still is the disposal of personal protective equipment, since they belong to waste category B. The release of used personal protective equipment is the subject to the requirements of the disposal procedure and the requirement to prevent the emergence of a threat of the dangerous disease spread. The article considers the competition between the rules of the Code of Administrative Offenses of the Russian Federation in terms of bringing to responsibility for non-compliance with environmental protection requirements when handling production and consumption waste and the rules of law regulating violation of legislation in the field of ensuring sanitary and epidemiological well-being of the population.


Author(s):  
A. V. Petruchak

The author considers budget control as the most important type of state financial control. The article analyzes approaches to understanding budget control, discusses the sources of legal regulation of budget control in the federal cities of the Russian Federation, types and methods of exercising budget control in federal cities (on the example of the city of Sevastopol). The author comes to the conclusion that normative legal acts of constituent entities f the Russian Federation — the federal cities of the RF — determine the issues of budgetary control in different ways. In some cases regional budget legislation in federal cities contradicts the federal laws, in connection with which it is necessary to bring normative legal acts of constituent entities of the Russian Federation into line with the federal legislation. However, the lack of a uniform normative legal act regulating the procedure for budgetary control at the federal level leads to gaps and inaccuracies in the mechanism of legal regulation of control-budgetary relations at the level of the constituent entities of the Russian Federation.


2021 ◽  
Vol 1 ◽  
pp. 12-16
Author(s):  
Vladimir A. Vinokurov ◽  

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


Author(s):  
В.А. Винокуров

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.


2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko

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.


2021 ◽  
Vol 37 (1) ◽  
pp. 107-111
Author(s):  
S.A. Kutukov ◽  

The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability to use the entire set of tools and methods for solving crimes, as well as an incorrect interpretation of article 18.1 of the criminal code of the Russian Federation.


Author(s):  
Elina Leonidovna Sidorenko ◽  
Ekaterina Aleksandrovna Khalizeva

  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.  


Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov

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.


Author(s):  
Jie Xu

Abstract Recent advances in the field of object detection and face recognition have made it possible to develop practical video surveillance systems with embedded object detection and face recognition functionalities that are accurate and fast enough for commercial uses. In this paper, we compare some of the latest approaches to object detection and face recognition and provide reasons why they may or may not be amongst the best to be used in video surveillance applications in terms of both accuracy and speed. It is discovered that Faster R-CNN with Inception ResNet V2 is able to achieve some of the best accuracies while maintaining real-time rates. Single Shot Detector (SSD) with MobileNet, on the other hand, is incredibly fast and still accurate enough for most applications. As for face recognition, FaceNet with Multi-task Cascaded Convolutional Networks (MTCNN) achieves higher accuracy than advances such as DeepFace and DeepID2+ while being faster. An end-to-end video surveillance system is also proposed which could be used as a starting point for more complex systems. Various experiments have also been attempted on trained models with observations explained in detail. We finish by discussing video object detection and video salient object detection approaches which could potentially be used as future improvements to the proposed system.


2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov

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.


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