scholarly journals Improving the situation of children in divorced families — the way to reduce poverty in Russia

POPULATION ◽  
2021 ◽  
Vol 24 (1) ◽  
pp. 24-32
Author(s):  
Lyudmila Rzhanitsyna ◽  
Sergey Rybalchenko

The level of child poverty in Russia is almost twice the national poverty rate. According to UNICEF's definition, "children living in poverty are those who are deprived of the material, spiritual and emotional resources necessary for survival, development and prosperity, which deprives them of the opportunity to enjoy their rights, to reach their full potential and to participate as full and equal members of society". One of the reasons for child poverty in Russia is the evasion of parents living separately from children from paying child support. The total alimony debt in Russia reached 156 billion rubles in 2020 and continues to grow. According to Rosstat and the Accounts Chamber of the Russian Federation, one in five children under the age of 16, for whom there is arrears on alimony payments appointed by the court, does not receive money. That's almost 1.5 million children. The Family Code of the Russian Federation has established the right of every child to receive maintenance from parents, and children should not experience deprivation due to their parents' irresponsibility, otherwise society and public authorities should be obliged to take special care of children, who do not have sufficient means of subsistence. This algorithm of actions is also contained in paragraph 4 of Article 67.1 of the Constitution of the Russian Federation — the State takes over the responsibilities of parents in relation to children left without care. To achieve the national goal of reducing the level of poverty, fundamentally new approaches to the system of alimony recovery are required, including creation of a State Alimony Fund in Russia, as well as improving the value of the child's quality of life in the eyes of parents and society, strengthening the moral responsibility of parents for children.

2016 ◽  
Vol 11 (2) ◽  
pp. 146-151 ◽  
Author(s):  
Кожанчиков ◽  
Oleg Kozhanchikov ◽  
Кожанчикова ◽  
Natalya Kozhanchikova

The patent system of taxation is one of special tax regimes for individual entrepreneurs. The patent system is enforced by laws of subjects of the Russian Federation. The tax code provides certain powers of public authorities of subjects of the Russian Federation on the patent system of taxation, including the right to set the size of the potential possibility to receive annual income and its differentiation according to the established criteria in the tax code. In the Orеl region in the differentiation of the potential possible annual income to receive some criteria are not used, such as vehicle capacity and number of seats in the vehicle. We propose to use these criteria of differentiation in the regional legislation.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктория Вискулова ◽  
Viktoriya Viskulova

Every year the Russian Federation holds thousands of elections — primary, early, occasional, runoffs, etc. This article describes a great number of early election campaigns in Russia, reflects some discrepancies in the statistics, and also reveals some problems of an election process. The author touches upon the following points: 1) proves that early elections are called due to early termination of powers of the elected authorities and officials; 2) demonstrates a variety of the RF constituent entities’ legal approaches to determining of initiators of early election calling; 3) suggests an all-in-one approach to early election calling — by election committees. In her article the author uses statistical technique, comparative juridical and legal modelling methods. As a result the author proposes some amendments to the RF Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. The author assumes that it is the election committees that should call for early elections, and not the elected public authorities or local governments.


2016 ◽  
Vol 3 (1) ◽  
pp. 163-169
Author(s):  
M A Riekkinen

This article attempts to define the meaning and contents of the concept «protest» as it exists in constitutional law. The author abstains from acknowledging «the right to protest» in Russia’s constitutional law system. Instead it is studied how the opportunities to express the protest against decisions, actions (or lack thereof) by public authorities can be implemented as the modes of substantive public participation. The author considers the differences between formal and substantive public participation while emphasizing that the Constitution of the Russian Federation avoids direct usage of such terms as «protest», «criticism», or «objections» with respect to both types of such participation.


2020 ◽  
Vol 22 (4) ◽  
pp. 6-16
Author(s):  
SERGEY V. PCHELITSEV ◽  
◽  
NATALIA M. ISAYEVA ◽  

On July 4, 2020, the provisions of the Constitution of the Russian Federation, provided for in Article 1 of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 1-FKZ of March 14, 2020, «On improving the regulation of certain issues of the organization and functioning of public authorities» came into force. In this regard, it is important to improve federal legislation in order to bring it in line with the Constitution of the Russian Federation. It is necessary to amend a number of legislative acts of the Russian Federation defining the status of persons holding public office, including federal constitutional laws. For example, Federal law No. 79-FZ of 27 July 2004 “On the state civil service of the Russian Federation” appears to require a number of changes. First of all, it is necessary to clarify the duties of a state civil servant related to the presence (acquisition) of citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state. The restrictions provided for by the new provisions of the Constitution of the Russian Federation for civil servants need to be promptly incorporated into the legislation of the Russian Federation on the civil service of the Russian Federation.


2015 ◽  
Vol 10 (6) ◽  
pp. 197-201
Author(s):  
Модникова ◽  
Tatyana Modnikova

The article investigates the autonomy of local governments in addressing to issues of local importance in the modern science of constitutional and municipal law. The author shows the different approaches to this issue, analyzing the role of public authorities and their powers. The author substantiates the Russian Federation as a sovereign state which has the right to provide adequate measures of responsibility of local authorities and elected officials of local self-government.


Author(s):  
Евгений Николаевич Зиньков

В настоящей статье рассматривается процедура правовой регламентации общественного контроля, который предоставляет возможность открыто и доступно осуществлять наблюдение за деятельностью органов государственной власти. В ст. 1 Конституции Российской Федерации отмечается, что Россия - правовое государство, следовательно, обеспечение и защита прав и свобод человека и гражданина является высшей ценностью. Сам общественный контроль, как правило, является отдельной частью и не входит в систему контрольной власти государства, он реализуется, прежде всего, путем самоорганизации граждан. На сегодняшний день в России существует множество нормативных документов, регламентирующих деятельность общественных объединений. В Российской Федерации лица, находящиеся в местах изоляции от общества (подозреваемые, обвиняемые и осужденные), обладают всем комплексом прав, что и другие граждане нашего государства, за исключением тех ограничений, которые были установлены приговором суда и федеральными законами. Ст. 32 Конституции РФ наделяет граждан правом участия в управлении некоторых государственных дел, что и позволяет общественности осуществлять контрольные функции. Однако далеко не все общественные объединения обладают полномочиями по детальному изучению той или иной сферы государственной деятельности, к примеру, средства массовой информации (далее - СМИ) имеют возможность лишь поверхностно осветить деятельность конкретного объекта внимания. Однако это тоже является неким способом общественного контроля, так как позволяет общественности получить определенную информацию об изучаемом феномене. This article discusses the procedure for legal regulation of public control, which provides an opportunity to openly and easily monitor the activities of public authorities. Article 1 of the Constitution of the Russian Federation States that Russia is a legal state, therefore, ensuring and protecting human and civil rights and freedoms is the highest value. Public control itself, as a rule, is a separate part and is not included in the system of control power of the state, it is implemented primarily by self-organization of citizens. Today, in Russia there are many regulatory documents regulating the activities of public associations. In the Russian Federation, persons who are in places of isolation from society (suspects, accused and convicted) have all the rights that other citizens of our state have, with the exception of those restrictions that were established by a court verdict and Federal laws. Article 32 of the Constitution of the Russian Federation grants citizens the right to participate in the management of certain state Affairs, which allows the public to exercise control functions. However, not all public associations have the authority to study a particular sphere of state activity in detail.for example, mass media (hereinafter referred to as mass media) can only cover the activities of a specific object of attention. At the same time, this is also a way of public control, since it allows the public to get certain information about the phenomenon being studied.


2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Екатерина Белокрылова ◽  
Ekaterina Belokrylova ◽  
Екатерина Кологерманская ◽  
Ekaterina Kologermanskaya

The article describes the role and importance of comparative legal research methodology on the example of the institute of the right to a healthy environment and ways to protect it in the Russian Federation and India. The works of leading legal scholars who have made a significant contribution to the development of modern comparative law are analyzes. The provisions of the Constitution of the Russian Federation and India, enshrining the right to a healthy environment are studied by the authors. The status of the public authorities involved in the process of protection of the right to a healthy environment in Russia and India is analyzed. The special role of the judiciary in the legislative branch of government, as well as the value of judgments in the environmental legislation of India is emphasized. Common and distinctive features of legal principles aimed at protecting the environment in the Russian Federation and India are allocated. The authors conclude that, with respect to the object of study, the use of comparative legal methodology makes it possible to identify the characteristics and the basic directions of the development of the right to a healthy environment in Russia and India, in addition, the possibility of a holistic disclose of major institutions in various aspects and application of experience in different areas of the right to a healthy environment for its further improvement is appeared.


Author(s):  
Mariya Vladimirovna Vronskaya ◽  
Diana Yur'evna Nikitenok

The subject of this research is the novelty of civil legislation – hereditary fund, which is characterized by dual legal nature; on the one hand, as a subject of inheritance law, while as property asset managed. The object of this research is the totality of legal relations that emerge due to creation of hereditary funds, determination of their legal status, and implementation of their activity associated with ensuring the safeguard of assets and effective management of mass of inheritance for the purpose of realization and protection of the property interests of beneficiaries (heirs, creditors). The author examines the current mechanism for creating a nonprofit fund in accordance with the provisions of legislation and civilized doctrine,  and notary practice, as well as outlines a range of problems that affect unlocking full potential of this institution (property, social, and economic). The scientific novelty is reflected in the author's recommendations for solution a number of legal issues is creation of the hereditary fund. The conclusion is made on the need for further legislative and technical improvement of the provisions of hereditary funds in the Russian Federation, reducing imperativeness and expansion of the allowable principles in their legal regulation, namely a testamentary prescription on the creation of hereditary fund may determine the purpose and lists of activity of the hereditary fund, the subject and property responsibility for the implementation of registration acts with regards to creation of hereditary fund, as well as possibility of granting the beneficiary of the fund the rights of the sole executive body. The mandatory nature of prescriptions to establish 6-month term for registration of hereditary fund; application of the Article 10 of the Civil Code of the Russian Federation in the instance of abuse of the right to agree on candidates for the administration of hereditary fund; establishment of equality of rights to devised property of hereditary fund not only to beneficiaries, but also to forced heirs (creditors) in appropriate shares.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


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