scholarly journals About the formation of legislation in the field of chemical and biological safety of the Russian Federation

2019 ◽  
Vol 95 (8) ◽  
pp. 717-721 ◽  
Author(s):  
E. A. Boyko ◽  
N. N. Goncharuk ◽  
A. D. Dashitsyrenova ◽  
N. A. Kostenko ◽  
Oksana O. Sinitsina ◽  
...  

The realization of the package of measures directed at the consecutive decrease of the negative effect of hazardous chemical and biological factors on the population and environment to the acceptable risk level stipulates the development of standard legal regulation in the field of ensuring the chemical and biological safety. For this purpose article presents substantiation and conceptual approaches to the creation of legislation in the field of the chemical and biological security of the Russian Federation within the pursued state policy. In determination of conceptual approaches, in the article there are reported: the main idea, the purpose, a subject of legal regulation, the circle of people who will be subjected to the laws, the place offuture laws in the system of current legislation, the provisions of the Constitution of the Russian Federation, the Federal backbone laws of the Russian Federation to realization of which laws are directed, there is given the general characteristic and an assessment of a condition of legal regulation in this field, results of the analysis of the information on the need for correspondence of Russian laws to provision of international treaties, concerning prohibitions of the biological and chemical weapon, safe handling with biological agents and chemicals, and also the development of uniform procedures of ensuring chemical and biological safety. The major aspect in the shaping of the legislation is the global character ofproblems of chemical and biological safety in this connection in article there is indicated the need of rapprochement of rules of law for this area with partners in economic cooperation and integration. Taking into account an orientation of future laws on the decrease in the level of the negative impact of dangerous chemical and biological factors on the population and environment, there are designated medical, social, economic and political consequences of their implementation. There are presented the proposed structure for bills: “About biological safety”, “On Chemical Safety” and “On the National collection of pathogens.

Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.


2021 ◽  
pp. 118-125
Author(s):  
A.V. Ishutin

Oil production, being a key source of the budget of the Russian Federation, is associated with a serious negative impact on the environment. In particular, the storage and transportation of oil and petroleum products are often accompanied by spills, as a result of which harmful substances enter the soil, water and atmosphere. These incidents are man-made disasters, and their consequences affect not only the site of the spill, but also the neighboring territories. This article analyzes the state of the Russian regulatory framework for the prevention of accidental spills of oil and petroleum products and concludes that it is imperfect.


Author(s):  
Margarita Yakovleva ◽  
Elena Marchenko

The relevance of crime prevention is that crime in today’s innovative society is an extremely dangerous phenomenon that has an adverse impact on the socio-economic status of each state, on individual citizens and their collective entities. This negative phenomenon also have a negative impact on the political «life» of the State: certain types of crimes have a pronounced anti-State character (terrorism, official deception, bribery, etc.). In this regard, there is no doubt about the special relevance of building an effective system of State response to any manifestations of crime, including a system of prevention by the Russian internal affairs agencies, research into the history of these relations. The subject of the study is a scientific analysis of the historical prerequisites of the genesis of the national legislation on the regulation of relations in the field of crime prevention. The purpose of this study is to analyze the legal peculiarities of crime prevention at various stages of legislation in this sphere before the modern stage development. The Methods of research are system analysis, historical, structural, logical, comparative scientific methods. The study highlights the historical stages of the genesis of national internal affairs agencies in relation to crime prevention activities. The results achieved include the analysis of sources of law in the field of crime prevention at each of the historical stages, the analysis of issues in the field of legislative development, and the identification of trends in each of the stages. It is noted that in modern conditions, in accordance with the current Russian legislation, in the system of state authorities whose activities are aimed at combating and preventing crimes, a special role is assigned to the internal affairs bodies of the Russian Federation, headed by the Ministry of Internal Affairs of the Russian Federation. It is this federal executive body that carries out the main range of activities to combat crime, organize preventive measures and prevent, detect and eradicate crime.


Author(s):  
K. A. Bekmuradov

The article analyzes lobbying activities, as well as lobbying as a factor in the development of parliamentary conciliation procedures. The author examines various legal and non-legal factors influencing different institutions of constitutional law including parliamentary conciliation procedures. The article provides the provisions of normative legal acts of the Russian Federation that form the basis for institutionalization of lobbying activity in Russia. Various instruments of institutionalization of lobbying in Russia are considered. The practice of lobbying is subject to research. The auther determines specific institutions of lobbyists’ influence used by them in their activity. The paper represents opinions of scholars and practitioners whose views are directed to parliamentarism in general and lobbyism in particular. The article contains definitions of lobbying and lobbying activities. According to the results of the analysis, the author identifies the main problems of the impact the lobbying activity has on parliamentary conciliation procedures, gives proposals for improvement of the normative and legal regulation and the primary elimination of the negative impact of lobbying on parliamentary conciliation procedures.


2020 ◽  
Vol 208 ◽  
pp. 06006
Author(s):  
Nikolay Mikhailovich Kozhukhanov ◽  
Bata Igorevich Ketsba ◽  
Yuri Ivanovich Somov

Poor quality and insufficient legal support for the activities of the customs authorities have a negative impact on the development of the Russian economy. The conducted evaluative historical and legal studies of the legal support of the activities of the customs authorities of the Russian Federation indicate the need for a detailed study of the regulations governing the activities of the customs. The study of the features of the current state of legal support for the activities of the customs authorities of the Russian Federation in the conditions of the functioning of the Eurasian Economic Union expands the empirical material that was collected in the course of the study, which makes it possible to apply the results obtained to study the influence of the supranational legal regulation on customs legal relations at the national level. The presented value judgments can be used in forecasting the development of the Russian economy. To establish the effectiveness of the legal support for the activities of the customs authorities and establish its impact on the sustainable development of the Russian economy, it is necessary to scientifically justify the methodological foundations that reveal the action of such a mechanism.


2018 ◽  
Vol 20 (3) ◽  
pp. 133-136
Author(s):  
A V Krivtsov ◽  
E F Sorokoletova ◽  
A P Seleznev ◽  
A I Andrianov ◽  
V P Andreev ◽  
...  

The current state of the problem of diselementosis in the territory of the Russian Federation is analyzed and a list of elements is identified, the lack of which in food and water has a negative impact on human health. The author substantiates the development of a technique for conditioning drinking water to achieve its physiological usefulness and prevent diselementosis among servicemen who serve in the Arctic zone of the Russian Federation, where snowmelt is the source of drinking water. A salt composition was selected for conditioning low-mineralized water. For this, the initial stream of low-mineralized water is divided into two approximately equal secondary waters, and those mineralizing components that form sparingly soluble compounds are introduced into different secondary streams, which are then combined in a common tank. It is shown that for all the criteria studied, conditioned water meets the requirements of chemical safety Sanitary rules and regulations 2.1.4.1074-01, and also contains essential macro- and microelements in quantities corresponding to the standards of physiological potency of drinking water according to Sanitary rules and regulations 2.1.4.1116-02. The method of conditioning drinking water when it is introduced into the practice of water supply for servicemen of the Ministry of Defense of the Russian Federation will improve the quality of drinking water by enriching with essential macro- and microelements, increasing its physiological usefulness, which will serve as an effective measure to prevent the morbidity of servicemen due to the imbalance of nutrient elements in the body.


Author(s):  
Anatoly Markushin ◽  
Oleg Morozov

The article deals with the issues of combating corruption from the point of view of the negative impact of this phenomenon on the management system in the internal Affairs bodies. The main periods of development of this type of offenses and measures for their prevention are given in the historical perspective. The text focuses on the measures of legal regulation taken by the country’s leadership to improve legislation in this area.


Author(s):  
A. Ya. Ryzhenkov

The article examines the issues of theory and practice of compensation for environmental damage, and formulates its concept. Attention is drawn to the features of compensation of harm to the environment in the context of judicial practices, discusses the legal position of the constitutional Court of the Russian Federation and the Supreme Court, the conclusion about inadmissibility of adoption subjects of the Russian Federation normative acts regulating compensation of harm to the environment at rates and methods. The conclusion that harm to human life, health and property caused by the negative impact of the environment (secondary or ecogenic harm) can be compensated in three different ways: insurance; in court; in public.


Legal Concept ◽  
2021 ◽  
pp. 41-48
Author(s):  
Valentina Lazareva

Introduction: criminal prosecution is a specific legal concept that means a certain type of law enforcement activity. Having introduced this concept into legal use, the Criminal Procedure Code of the Russian Federation pointed to the purpose of this activity – the exposure of a suspect accused of committing a crime (Paragraph 56 of Article 5), its compliance with the scheduling criminal proceedings (Part 2 of Article 6), types (Chapter 3) and subjects (Chapter 6). The content of this activity, the methods of its implementation indicate that the criminal prosecution coincides with the procedural activities of the inquirer, investigator and prosecutor, that is, it is carried out through the performance of each of the named persons of their powers. This allows us to put forward and substantiate the thesis that a preliminary investigation is a criminal prosecution carried out in the procedural form of a proceeding or inquiry, that is, an activity aimed at identifying and exposing a person, a suspect, or an accused of committing a crime, whose efficiency depends on a properly organized procedural interaction of the entities carrying out this activity, which together form the prosecutorial power of the state. The purpose of the study: to identify the reasons for the lack of effective cooperation of the criminal prosecution authorities and suggest the ways to eliminate them. The objectives of the study: to characterize the role (function) of the bodies, inquiry, investigation, prosecutor’s office in pre-trial proceedings in a criminal case, to formulate and base the conclusion that pre-trial proceedings in a criminal case are a form of criminal prosecution as a common type of criminal procedural activity for the inquirer, investigator and prosecutor. The dialectical, logical, systematic, structural-functional and other general scientific research methods were used in the preparation of the paper; as well as the comparative-legal, formal-legal and other specific scientific methods. Results: the paper shows that the reform of the preliminary investigation bodies, which resulted in the removal of investigators from administrative subordination to the prosecutor, the redistribution of powers between the prosecutor and the head of the investigative body in favor of the latter, did not lead to the expected increase in the procedural independence and independence of the investigator, but had a negative impact on the level of legality of pre-trial proceedings. The amendments made to the Criminal Procedure Code of the Russian Federation in 2007 and later proved to be insufficiently thought out; they are not logical and do not conform well with other norms of criminal procedure law. The shortcomings of the legal regulation of the procedure for exercising the powers of the head of the investigative body and the prosecutor, their interaction with the investigator and among themselves, were only partially corrected by Law No. 404-F of December 28, 2010. Conclusions: the need to improve the efficiency of interaction of the investigator with the head of the investigative body and the prosecutor requires a serious revision of a number of norms of the Criminal Procedure Code of the Russian Federation.


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