scholarly journals Civil Law Constructions in Social Service Legislation

2020 ◽  
Vol 17 (4) ◽  
pp. 465-474
Author(s):  
I. V. Grigor'ev
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Effective Means ◽  
Legal Regulation ◽  
Private Law ◽  
Federal Law ◽  
Disabled People ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Russian Federation

The article analyzes the problems of legal regulation of social services that arise in connection with the use of private law principles in the legislation on social services (contractual structures, the involvement of non-state providers of social services, the introduction of competitive principles, etc.). On January 1, 2015, the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the Russian Federation” entered into force, which made significant changes to the system of social services. In this regulatory legal act, a complex of legislative novelties was implemented, aimed at overcoming the crisis situation in social services. It was assumed that ensuring a competitive environment, including through the provision of social services on a contractual basis, would improve their quality, and the involvement of non-governmental organizations would solve the problem of the availability of social services. However, an analysis of the provisions of the current federal legislation and the legislation of the constituent entities of the Russian Federation revealed certain problems of legal regulation that impede the achievement of the goals set (violation of the continuity of legislation, the use of certain private law elements of legal regulation in the regulation of public law relations, etc.). Based on the results of the study, the Author concludes that the goals set for the legislator have not been fully achieved. The involvement of non-state providers of social services did not solve the problem of accessibility of social services. At the same time, at the federal and regional levels, a legal space has been created for “delegating” certain state functions to private organizations, the effectiveness of which raises objective doubts. The use of some private law elements of legal regulation (for example, the legal structure “contract”) does not serve the purpose of ensuring the guarantee of social services, but entails further “commercialization” of relations in the field of social services. The article also examines the experience of using so-called hospital-replacing technologies in certain constituent entities of the Russian Federation (creation of foster families for disabled people and citizens living alone). The Author comes to the conclusion that hospitalreplacing technologies can hardly be considered a really effective means of solving the problem of the availability of social services due to the low level of fees received for caring for single citizens and (or) disabled people.

scholarly journals CONSTITUTIONAL-LEGAL REGULATION OF NON-GOVERNMENTAL ORGANIZATIONS IN THE RUSSIAN FEDERATION: REGIONAL ASPECT

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Human Right ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regional Aspect ◽  
Regulatory Impact ◽  
The Russian Federation

The article is devoted to the analysis of the legislation of federal subjects of the Russian Federation in the sphere of regulation of non-governmental organizations’ activities. This study was carried out on the basis of the comparative law method as a way to protect the human right to association. The article examines the problems of regional legislation quality, completeness and effectiveness of its regulatory impact on civil society in federal subjects of the Russian Federation. The author tries to answer the question what the purposes are for the existence of regional legislation on human rights. The emphasis is on the regional regulation of support for nongovernmental organizations on the part of the authorities of federal subjects of the Russian Federation. The article touches upon the problems of regulation through regional laws of the activities of religious organizations as a form of non-governmental organizations. The author concludes that regional legislation in the sphere of regulation of non-governmental organizations’ activities in most regions is fragmented and unsystematic, and the purposes of its existence for the protection and creation of additional guarantees of constitutional human rights in the territory of federal subjects of the Russian Federation are performed only partially.

Legal regulation of the system of social services for the population in modern Russia

2021 ◽  
pp. 337-345
Author(s):  
Sadykov Ramil Midkhatovich Sadykov Ramil Midkhatovich ◽  
Nataliya Leonidovna Bolshakova ◽  
Rita Khurmatullovna Khamadeeva
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Service Sector ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Social Comfort ◽  
The Russian Federation ◽  
Further Development

The article examines the issues of the modernization of the system of social services for the population in the framework of the implementation of the Federal Law «On the Basics of Social Services for Citizens in the Russian Federation.» The subject of the analysis is the legal norms governing the specifics of the provision of social services. The innovations in the service system that have occurred within the framework of the adoption of the new legislation of the Russian Federation are considered in detail. Positive changes in social policy required bringing the sphere of legal regulation of the system in line with the modern stage of the development of society. The important innovations are in the legislative requirements to the organization of social services, the parameters for assessing citizens in need, and the determination of per capita indicators for financing the services. However, along with positive aspects, in practice there are some shortcomings concerning, in particular, the imperfection of the delineation of powers between the Russian Federation and its constituent entities, the lack of legal norms on many social services, their clear normative quality indicators, shortcomings in the system for identifying those in need, problems of law enforcement in the sphere of implementation of certain forms of social services, etc. All these issues dictate the need for further improvement of some of its provisions, the introduction of innovative technologies in the field of social services to the population with the study and application of successful domestic practice and foreign experience, as well as further development of methodological and regulatory framework. The substantial component of the modernization of the system is services that increase the vector of social subjectivity of the needy categories of the population and ensure the improvement of their life and social comfort, and the fact that the institutionalization of the system of social services in the service sector contributes to the expansion of its capabilities in modern conditions.

scholarly journals ORGANIZATIONAL AND LEGAL PECULIARITIES OF MEDICINAL PROVISION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

2018 ◽  
Vol 21 (1-2) ◽  
pp. 79-83 ◽  
Author(s):  
S. N Puzin ◽  
A. V Grechko ◽  
I. V Pryanikov ◽  
Vladislav S. Malichenko
Keyword(s):  
Russian Federation ◽  
Essential Medicines ◽  
Morbidity Rate ◽  
Disabled People ◽  
Legal Norms ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Russian Federation ◽  
Access To Essential Medicines ◽  
Drug Provision

Current demographic situation, characterized by a change in the structure of the morbidity rate and rapid aging of the population, has led to an increase in the number of disabled people in the world. Existing international legal norms, activities of international organizations and non-governmental organizations (NGOs), as well as the implemented state policy are not fully able to overcome restrictions on the realization of the rights of disable persons, especially with regard to access to essential medicines. The article analyzes the system of the drug provision organization for disabled people in the Russian Federation, formulates recommendations on the systematization of approaches to the organization of this process with a view to improving the effectiveness of medical and social rehabilitation of disabled people

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

Harmonization of the Russian Federation Legislation with Current International Recommendations

2021 ◽  
Vol 66 (6) ◽  
pp. 111-115
Author(s):  
O. Kochetkov ◽  
V. Klochkov ◽  
A. Samoylov ◽  
N. Shandala
Keyword(s):  
Russian Federation ◽  
Radiation Safety ◽  
Strong Relationship ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Safety Standards ◽  
Legal Documents ◽  
Article Analysis ◽  
The Russian Federation

Purpose: Harmonization of the Russian Federation legislation with current international recommendations Results: The concept of the radiation safety system has been significantly modified by recommendations of ICRP (2007) and IAEA (2014). An analysis of existing international regulatory framework for radiation safety allowed to identify the main provisions to be implemented in the Russian legal and regulatory framework. It’s showed that the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population» must be ultimately revised to be harmonized with international documents. General approaches to legal regulation of radiation safety should be essentially modified to create a strong relationship between this law and other regulatory and legal documents in force in the Russian Federation. Conclusion: An article-by-article analysis of the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population « showed the need to modify 22 existing articles and add 12 new articles in order to harmonize it with international documents. Given such a large volume of modification it is advisable to pass a new law with simultaneous abolition of the current federal law. A new name has been proposed: Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation». The enactment of the Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation» with the main by-laws approved by the Russian Federation Government – «Radiation Safety Standards» and «Basic Rules for Ensuring Radiation Safety» – will allow to establish an actual regulatory framework for ensuring radiation safety of personnel and population in Russia.

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.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

scholarly journals Some aspects of legal regulation of medical secrecy in the Russian Federation

2018 ◽  
Vol 99 (3) ◽  
pp. 527-530
Author(s):  
G M Khamitova ◽  
D V Khamitova
Keyword(s):  
Russian Federation ◽  
Information Transfer ◽  
Legal Regulation ◽  
State Of Health ◽  
Federal Law ◽  
Medical Organization ◽  
Voluntary Consent ◽  
The Russian Federation ◽  
New Form ◽  
Close Relatives

Aim. To propose the development of a new form of informed voluntary consent, taking into account the legal regulation of medical secrecy. Methods. When performing the study, analytical method was used. The analysis of the mechanism of obtaining information about the patient was performed, including the study of a number of laws governing the transfer of information to the third parties without the patient's consent. Results. It was found that the patient's relatives can not be provided with information about the course of the disease and its treatment, unless the patient has previously signed a voluntary consent to transfer the information. The basis for such refusal is Article 13 of Federal Law No. 323-FZ issued on November 21, 2011 (as amended on July 29, 2017) «On the Fundamentals of Health protection of Citizens in the Russian Federation», which establishes the conditions under which information about patient's health can be transferred. This article examines the problem of violation in the field of disclosure of medical secrets, as well as the rights of patient's close relatives to obtain information about his or her state of health. The need to refine the mechanisms of obtaining information, which is a medical secret, is revealed and justified. Conclusion. Based on the review of laws regulating the procedure of information transfer, the authors propose the development of a new form of consent for disclosure of the patient's information about his state of health, which must necessarily be provided to the patient when contacting a medical organization, which in the future will significantly simplify the legal doctor-patient relationships.

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.

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