Law Enforcement of Russian Federation Access to Data Stored Across Borders: Facilitating Cooperation and Protecting Rights

2020 ◽  
Author(s):  
Kirill Klevtsov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Access To Data

The Mechanism Of Implementation Of The Constitution Of The Russian Federation

2019 ◽  
pp. 36-51
Author(s):  
Anatolii Yugov ◽  
Sergey Belykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Cultural Development ◽  
Russian Society ◽  
Legal Nature ◽  
Legal Document ◽  
The Russian Federation ◽  
Favorable Conditions ◽  
Scientific Ideas ◽  
Rational Mechanism

The Constitution, as the main universal and comprehensive legal document, establishes fundamental principles and defines the legal basis for development of public and state life in all politically significant spheres, serves as a guarantor of legitimacy and order, gives a boost to the development of society. The special political and legal nature of the constitution, the issues of its operation and the mechanism of its implementation are of great importance. In accordance to the authors’ approach, the mechanism of implementation of the Constitution of the Russian Federation includes the following components: 1) entry of the constitution into legal force; 2) its functions; 3) constitutional algorithm of unity and differentiation of public authority; 4) forms of implementation; 5) ways of implementation; 6) subjects of implementation; 7) objects of implementation; 8) institutions for modernization; 9) guarantees of implementation. The authors conclude that the modern scientific ideas of a rational mechanism of implementation of the Constitution of the Russian Federation contribute to solving the issues of economic and cultural development of the Russian society, help creating favorable conditions for proper law enforcement, strengthening legitimacy and order.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

Constitutional bases of the procedure for the formation and activity of representative bodies in the Russian Federation

2021 ◽  
Author(s):  
Mariya Varlen ◽  
Konstantin Mazurevskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Research ◽  
Representative Democracy ◽  
Controversial Issues ◽  
Scientific Analysis ◽  
Postgraduate Studies ◽  
The Russian Federation ◽  
Points Of View

The textbook provides an in-depth comprehensive scientific analysis of the legal status of representative bodies at the federal, regional, and municipal levels, taking into account the results of the ongoing reform of constitutional legislation and law enforcement practice, various points of view on controversial issues. Special attention is paid to the problems of the implementation of the powers and the procedure for the formation of representative bodies; the legal status of a deputy of a representative body is studied in detail, the forms of activity of deputies are characterized. For students of master's and postgraduate studies in the field of "Jurisprudence". It can be useful for undergraduate and specialist students, as well as for studying the problems of representative democracy and conducting relevant theoretical and applied scientific research.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

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