scholarly journals “Unsubscription” as a Violation of the Legislation of the Russian Federation on the Procedure for Considering Citizens’ Appeals: Problem Statement

2020 ◽  
Vol 17 (4) ◽  
pp. 534-544
Author(s):  
E. A. Glukhov
Keyword(s):  
Russian Federation ◽  
Research Problem ◽  
Scientific Methods ◽  
Legal Norms ◽  
Sociological Approach ◽  
Legal Method ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Normative Content

The word “unsubscription” has long been firmly used by Russian citizens, but this social phenomenon has not yet been studied in practice in legal science. In this article, the Author tried to fill this gap and analyze the nature of the replies of modern Russian officials, classify them, and identify the causes and conditions that determine them.When preparing the article, we used methods of formal logic-comparison, description, classification, analysis, synthesis, etc., which allowed us to characterize the existing system of consideration of citizens from the position of its normative content. Among the private scientific methods, the formal-legal method used in the analysis of legal norms on consideration of appeals was used; logical-legal method, by which the content of legal norms in relation to the problem under consideration was studied; specifically, it is a sociological approach that was used in the analysis of statistical data related to the research problem.The Author offers a classification of unsubscriptions depending on their content, the motive for writing, the circle of subjects, and the degree of multiplicity. Separately, the article analyzes formal responses with little content, sent from higher and Supervisory authorities, if the applicant applies to them after receiving a response from another authority and disagrees with it. On the example of specific unsubscriptions, we analyze options for evading inspections by law enforcement officials related to violations of the rights of citizens-applicants.The author cites corporate rules of conduct, a desire to get rid of work, “defending the honor of the uniform”, excessive secrecy of activities, as well as the impunity of the official who prepared the response as reasons for the formal attitude to his responsibility for a comprehensive and objective review of appeals.Take measures to prevent violations of the rights of citizens in the sphere of consideration of their applications, in particular, the introduction to the Code of the Russian Federation on Administrative offenses of article 5.59, not removed the relevance of the problem. As a rule, punishments under this article occur due to violation of the terms of consideration of appeals or even from evasion of giving a response to appeals, but the completeness and semantic load of the response itself are not studied. The author makes some suggestions for improving the effectiveness of interaction between people and authorities.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Risk-Based surveillance as a strategic tool to improve food safety in the russian consumer market

2021 ◽  
Vol 99 (12) ◽  
pp. 1398-1406
Author(s):  
Nina V. Zaitseva ◽  
Irina V. May
Keyword(s):  
Food Safety ◽  
Russian Federation ◽  
Potential Risk ◽  
Large Scale ◽  
Food Products ◽  
Epidemiological Studies ◽  
Dynamic State ◽  
Legal Method ◽  
The Russian Federation

Introduction. Protecting consumers’ lives and health in a condition when the number of producers and the variety of food products is continually growing is one of the state’s strategic tasks and the goals of the administrative reform in the Russian Federation. Material and methods. The work uses methods of analysis, synthesis, comparison, and generalization of the existing in international practice methodological approaches and criteria to assess product safety in planning control and supervision activities, assessing the risk of harm to human health, applied the comparative legal method, methods of mathematical modeling and other methods used when searching legal and analytical research. Results. A risk-oriented model of control and supervisory activities for food safety is proposed and tested. The model is built under the general principles of the risk assessment methodology and is based on the analysis of the results of previous checks, studies and trials, data from epidemiological studies and relevant scientific literature. The model assumes three successively implemented stages: the categorization (classification) of the economic entity’s activities according to the potential risk of harm to health. Target - to select facilities for the most frequent and in-depth inspections by the supervisory authorities. The second stage is the classification of food products according to the potential risk to consumer health to justify the types of food products subject to priority supervision during scheduled inspections of economic entities. The third stage is constructing “risk profiles” of certain products to optimize laboratory control of food safety. Discussion. The construction of risk-oriented control based on the principle of step-by-step substantiation and clarification of supervision objects was shown to ensure the targeting of authority and an increase in inspection pressure on precisely those objects that are characterized by the most frequent violations of legal requirements with the most severe and large-scale consequences for health. Increasing the control density at the highest risk categories’ facilities does not require additional resources from the regulator. It is still implemented by removing facilities with moderate or low risk from planned supervision and optimizing laboratory support. Conclusion. Work out and implement a risk-based food safety surveillance model corresponds to the strategic vector of development of state control (supervision) in the Russian Federation. The system assumes that “risky” goods are unsafe for the consumer’s health. Accordingly, their producers, distributors, and sellers should be under robust inspection, including laboratory supervision, and precisely according to those indicators for which these risks are most significant. The system is in a dynamic state and development.

scholarly journals Ensuring national security: political-legal aspects

2021 ◽  
pp. 26-41
Author(s):  
Grigorii Aleksandrovich Maistrenko
Keyword(s):  
Foreign Policy ◽  
National Security ◽  
Russian Federation ◽  
Social Relations ◽  
Security Policy ◽  
Political Stability ◽  
National Interests ◽  
Scientific Methods ◽  
Legal Method ◽  
The Russian Federation

National security issues are crucial, multifaceted, and integral phenomena of social and political life of the country. This article explores the normative legal framework that regulates this sphere of social relations. The article presents an analysis of the features of legal support for national security as a problem of stabilizing society. Analysis is conducted on the peculiarities of legal support of national security as the problem of stabilization of society. The author notes that the national security policy, first and foremost should be aimed at ensuring geopolitical interests of the Russian Federation, its sovereignty, political stability, and progressive socioeconomic development. Research methodology employs complex and systemic approaches; systemic, functional, historical general scientific methods; analysis and synthesis as private scientific methods; formal-legal analysis of normative legal acts; and comparative legal method. It is claimed that in the sphere of domestic policy, the key prerequisite for achieving the protection of national interests should consists in unification of the nation in order to solve spiritual, cultural and material tasks due to the overall sustainability and consent in the country, nonviolent resolution of domestic social conflicts; while in the sphere of foreign policy – planning and implementation of foreign policy actions from the perspective of ensuring national interests. The author gives practical recommendations for further improvement of national security system of the Russian Federation.

scholarly journals Vandalism as delinquent behavior: Russian and Brazilian experience

2021 ◽  
Vol 108 ◽  
pp. 05013
Author(s):  
Olga Vladimirovna Kruzhkova ◽  
Irina Vladimirovna Vorobyova ◽  
Anastasiya Plotskaya
Keyword(s):  
Federal Republic ◽  
Russian Federation ◽  
Delinquent Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
High Concentration ◽  
Legal Representation ◽  
Legal Norms ◽  
Legal Method ◽  
The Russian Federation

The study of vandalism is a topical scientific problem. Except for the scientific interest, wide expansion of destructive activity towards the material environment of a modern city suggests study of legal regulation of vandalism. The goal of the article is to find the national specific character of legal representation and regulation of vandal activity of citizens from Russia and Brazil that has been chosen for a comparative analysis due to the high concentration of vandal damages in Brazilian cities. To achieve this goal, we carried out an analysis of the Criminal Code of the Russian Federation, The Code of the Russian Federation on Administrative Offences and the Criminal Code of the Federal Republic of Brazil, Law 9.605, Law 12.408, Law 2.848 of the Federal Republic of Brazil, etc. The use of the comparative-legal method contributed to the identification of the qualification of vandalism signs as delinquent behavior. We conduct an analysis of the scientific literature describing the basics of understanding vandal behavior and its legal regulation. Also the statistical data of recent years on the law enforcement practice in relation to vandalism were analyzed. The cultural specificity of vandal activity in Russia and Brazil has distinct features in the legal regulation of this type of delinquent behavior. Brazilian experience in decriminalizing graffiti shows that this approach enables the reduction of the load on the judiciary system. In Russia and Brazil, they actively discuss the declaring of graffiti and illegal street art as a form of art that will result in the transformation of legal norms of regulation of the citizens’ vandal activity in a while. The scientific novelty lies in the comparison of norms of Russian and Brazilian legislation referred to vandalism to find out ways of its efficient prevention.

scholarly journals CONTROVERSIAL ISSUES OF SUBSUMPTION OF MALFEASANCE

2018 ◽  
Vol 2 (2) ◽  
pp. 64-69
Author(s):  
Evgeny Evgenyevich Zabuga
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Point Of View ◽  
Controversial Issues ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Russian Federation

The subject. The article deals with subsumption of malfeasance, judicial characterization of such white-collar crimes.The purpose of the paper is to answer the question of admissibility of qualification of ho-mogeneous actions of a person according to two separate art. 285 and 286 of the Criminal Сode of the Russian Federation.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of normative legal and judicial acts).Results and scope of application. Within the meaning of paragraph 15 of the Resolution of Plenum of Supreme Court of the Russian Federation, it is absolutely clear that legal actions of an official, which were not caused by official necessity, must be qualified under art. 285 of the Criminal Code of the Russian Federation.Not only legally, but even from the point of view of ordinary logic, the qualification of ho-mogeneous actions by different criminal law norms is unacceptable.Due to the fact that art. 286 of the Criminal Code of the Russian Federation is not a crime of corruption by its characteristics, art. 285 of the Сriminal Сode of the Russian Federation cannot be regarded as a special case of abuse of power.Conclusions. This is unacceptable to qualify the homogeneous actions of a person according to two separate articles – art. 285 and 286 – of the Criminal Сode of the Russian Federation. It is necessary to add the Resolution of Plenum of Russian Supreme Court from October 16, 2009, No. 19 by the provisions more specifically delimiting qualification of malfeasance crimes according to art. 285 and 286 of the Criminal Сode of the Russian Federation.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields

2018 ◽  
pp. 54-63
Author(s):  
O V. Glikman
Keyword(s):  
Russian Federation ◽  
International Treaties ◽  
Exploration And Exploitation ◽  
Scientific Methods ◽  
Joint Activities ◽  
Regional Features ◽  
Legal Method ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.Some mechanisms of these treaties need further development.

Consideration of Petitions for Pardon in the Russian Federation: Novelties of 2020

2021 ◽  
Vol 15 (1) ◽  
pp. 154-161
Author(s):  
VYACHESLAV I. SELIVERSTOV
Keyword(s):  
Russian Federation ◽  
Rotation Period ◽  
Personal Data ◽  
Social Adaptation ◽  
Legal Norms ◽  
Control Functions ◽  
Legal Method ◽  
Current Task ◽  
The Russian Federation ◽  
And Control

ntroduction: the paper analyzes the amendments made by the Decree of the President of the Russian Federation no. 797 of December 14, 2020 to the Decree of the President of the Russian Federation of December 28, 2001 no. 1500 “On commissions for pardon in the territories of constituent entities of the Russian Federation” and the norms of the new Regulation on the procedure for considering petitions for pardon in the Russian Federation. Methods: comparative legal method and method of interpretation of legal norms. Results: having analyzed legal documentation on the activities of the commissions and having considered convicts’ petitions for pardon, we point out the following positive changes: an increase in the rotation period of members of the commissions for pardon; clarification of their analytical and control functions; inclusion of social adaptation in the number of circumstances taken into account when considering the issue of pardon; exclusion of personal data of individuals recommended for pardon by the highest official of a constituent entity of the Russian Federation from publication in the mass media; taking into account the opinions of the victims of the crime. We think that negative changes are those that have created new problems in the form of contradictions with the norms of criminal and penal legislation. These include the possibility of granting pardon to persons serving other criminal law measures, and applying for pardon directly to the commission on pardons, bypassing the administration of institutions and bodies that execute sentences. Conclusion: the current task to expand the practice of granting pardon cannot be solved by adopting a new Regulation on the procedure for considering petitions for pardon in the Russian Federation. Keywords: criminal legislation; penal legislation; convict; pardon; criminal punishment; other measures of a criminal legal nature; President of the Russian Federation; commissions on pardons.

TO THE QUESTION OF THE RELATION OF MAN TO ANIMALS IN MODERN RUSSIA: THE CRIMINAL, LEGAL AND MORAL ASPECT

2020 ◽  
Vol 10 (3) ◽  
pp. 128-132
Author(s):  
MIKHAIL KOLTSOV ◽  
◽  
ELENA POPOVA
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Norms ◽  
Existing Problems ◽  
Legal Method ◽  
Logical Method ◽  
The Russian Federation ◽  
Cruelty To Animals

This article examines the existing problems that arise in the case of applying the provisions of the current version of article 245 of the criminal code of the Russian Federation. Based on the analysis of the theory and judicial practice of this sphere of public relations, the authors reveal the conditions for criminal responsibility for the criminal offense provided for in this article. In addition, the article contains comparative characteristics of Russian and foreign legislation in terms of liability for cruelty to animals. The following methods were used in the article: logical method of cognition, comparative legal method of research, as well as formal legal method, which allowed to reveal the essence and signs of cruelty to animals, the method of interpretation of legal norms. The use of these methods allowed us to understand the institutions of criminal law and determine the main directions of development. The authors suggest possible ways to solve problems that arise in the process of proving the fact of criminal infringement under article 245 of the criminal code of the Russian Federation, and reveal ways to eliminate gaps in legislation.

scholarly journals Organizing the interaction among different levels of public authority in the russian federation in the context of covid-19 restrictions

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 260-267
Author(s):  
Salavat Hamitovich Sarmanayev ◽  
Aleksey Yuriyevich Shirokov ◽  
Sergey Zenin ◽  
Georgy Nikolaevich Suvorov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Regional Powers ◽  
Scientific Methods ◽  
Legal Norms ◽  
Standard Operating ◽  
Special Scientific ◽  
The Russian Federation ◽  
Different Levels

The study aims at assessing legal norms governing the interaction of public authorities in the Russian Federation in the context of the coronavirus (COVID-19) pandemic and the practice of organizing such interaction. Their implementation was studied with the help of analytical and statistical materials, as well as reviews of litigation practice. The authors of the article used the following methods: general philosophical and general and special scientific methods. As a result, they determined several problems that hinder the effective legal regulation of the interaction among public authorities during the COVID-19 pandemic. They are as follows: mixing legal regimes that establish the rules of conduct and standard operating activities of citizens and organizations in the conditions of a pandemic disease; the refusal of the federal government to specify the scope of regional powers in the sphere of protecting the rights and freedoms of an individual; the insufficient efficiency of special bodies protecting the population from emergencies; the insufficient legal guarantees of local self-government bodies when fulfilling their public functions.

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