scholarly journals Interaction between the Center and the Regions during the Development of the Treaty of Federation in 1992

2021 ◽  
Vol 23 (1) ◽  
pp. 95-104
Author(s):  
D. N. Shevelev ◽  
A. G. Melnik
Keyword(s):  
Central Government ◽  
Soviet Period ◽  
Scientific Methods ◽  
Legal Documents ◽  
General Scientific ◽  
The Russian Federation ◽  
Post Soviet Period ◽  
Federal Center ◽  
Federal Structure

The article features the reforms of the federal structure in the 1990s and the development of the Treaty of Federation in 1992. It focuses on the practices of federal relations that appeared in the post-Soviet period both in terms of the interaction between the Federal Center and the regional elites and in the context of the classical federalism. The authors described the factors that hindered the signing of the Federal Treaty, as well as the resources the regional elite used to affect the Center. They revealed the opposite views on the concept of federal structure expressed by national and territorial subjects of the Russian Federation and described their attempts to reach a compromise in the redistribution of powers. The research objective was to determine to what degree the Center was responsible for the content of the Treaty of Federation as the regional self-identification was gaining strength and the system of center-regional interaction was changing. The authors also highlighted the role of certain social groups on the development of federal relations, showed how the actions of the Center improved its positions, and identified historical facts that predetermined the asymmetry of the Treaty of Federation. The authors believed that the new model of federal relations was a compromise between the interests of the regional elites and the central government. However, it also strengthened the positions of the Federal Center and legalized the asymmetric nature of its relations with the regions. The research was based on general scientific methods and such historical research tools as comparative and systematic methods. It also involved such interdisciplinary methods as the historical-legal and the comparative analysis of legal documents.

scholarly journals Specificity and elements of the mechanism of budget monitoring in the current conditions of the Russian Federation

2021 ◽  
pp. 24-34
Author(s):  
Fatima Alibekovna Gurtueva
Keyword(s):  
Russian Federation ◽  
Target Component ◽  
Russian Science ◽  
Scientific Methods ◽  
Object Composition ◽  
General Scientific ◽  
The Russian Federation ◽  
Information Framework

The current situation of the Russian financial system is far from being stable, and is constantly exposed to risks, many of which pose a threat to its security. Overcoming these circumstances is impossible without reforming the mechanism of budget monitoring and treasury support in the country as the innovative instruments, the implementation which in the Russia Federation is at the nascent stage. The goal of this article consists in the analysis of the concept of “budget monitoring”, and determination of its elements in the current conditions. The subject of this research is the financial relations emerging in the course of establishment of budget monitoring in Russia. For achieving the set goal, the author employs the general scientific methods of dialectical, comparative-systemic, and structural-layered analysis. The information framework is comprised of the normative legal financial documents of the Russian Federation and periodical publications of the national economists. The author reveals the ambiguity of approaches towards discerning the content of budget monitoring in the Russian science and practice. The author carries out the original systematization of the elements of budget monitoring (target component, subject-object composition, stages, methods, etc.). The article determines the role of treasury support, as well as outlines the key vectors of its modernization with consideration of the recent legislative innovations along with the gaps and difficulties occurring in practice. The acquired results are valuable for the financial authorities, as well as for researchers, pedagogues, master’s students, and postgraduates majoring in the budgeting process.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

POST-SOVIET CITY AS A PALIMPSEST

2020 ◽  
pp. 48-68
Author(s):  
Elena A. Kosovan ◽  
Keyword(s):  
Soviet Union ◽  
Urban Space ◽  
Publishing House ◽  
Soviet Period ◽  
The Soviet Union ◽  
Role Of The State ◽  
Soviet Space ◽  
The Coordinator ◽  
Post Soviet Period

The author of the publication reviews the photobook “Palimpsests”, published in 2018 in the publishing house “Ad Marginem Press” with the support of the Heinrich Böll Foundation. The book presents photos of post-Soviet cities taken by M. Sher. Preface, the author of which is the coordinator of the “Democracy” program of the Heinrich Böll Foundation in Russia N. Fatykhova, as well as articles by M. Trudolyubov and K. Bush, which accompany these photos, contain explanation of the peculiarities of urban space formation and patterns of its habitation in the Soviet Union times and in the post-Soviet period. The author of the publication highly appreciates the publication under review. Analyzing the photographic works of M. Sher and their interpretation undertaken in the articles, the author of the publication agrees with the main conclusions of N. Fatykhova, M. Trudolyubov and K. Bush with regards to the importance of the role of the state in the processes of urban development and urbanization in the Soviet and post-Soviet space, but points out that the second factor that has a key influence on these processes is ownership relations. The paper positively assesses the approach proposed by the authors of the photobook to the study of the post-Soviet city as an architectural and landscape palimpsest consisting mainly of two layers, “socialist” and “capitalist”. The author of the publication specifically emphasizes the importance of analyzing the archetypal component of this palimpsest, pointing out that the articles published in the reviewed book do not pay sufficient attention to this issue. Particular importance is attributed by the author to the issue of metageography of post-Soviet cities and meta-geographical approach to their exploration. Emphasizing that the urban palimpsest is a system of realities, each in turn including a multitude of ideas, meanings, symbols, and interpretations, the author points out that the photobook “Palimpsests” is actually an invitation to a scientific game with space, which should start a new direction in the study of post-Soviet urban space.

KUMYK SATIRICAL AND HUMOROUS PROSE OF THE POST-SOVIET PERIOD

2021 ◽  
pp. 33-38
Author(s):  
Malik Alievich Guseynov
Keyword(s):  
Short Story ◽  
Moral Values ◽  
Soviet Period ◽  
Leading Role ◽  
Social Component ◽  
The Social ◽  
Post Soviet Period

The article considers the Kumyk satirical-humorous prose of the last thirty years on the example of the work of its prominent representatives A. Mamaev and G. Konakbiev, highlights its individual trends, content, artistic features. It is noted that in it, with the leading role of small genres, we can see the activation of a short story of an anecdotal form, the weakening of the social component against the background of increased writers’ attention to private phenomena, an appeal to traditional moral values, active operation by such comic means as playing words, transitions from the author's position to the position of characters, dynamic plots, spectacular finals, etc.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

scholarly journals GIS analysis of regional features of reproduction of the population in Kaluga region

2021 ◽  
Vol 27 (4) ◽  
pp. 320-332
Author(s):  
Viktoriya Esikova
Keyword(s):  
Visual Display ◽  
Geographic Information ◽  
Soviet Period ◽  
Gis Analysis ◽  
Semantic Data ◽  
Regional Features ◽  
Demographic Processes ◽  
Kaluga Region ◽  
Post Soviet Period

Since the 1990s with the increase in the role of migration in the formation of the population in the post-Soviet space in the Kaluga region, as in other regions of Russia, the tendencies of population reproduction and its regional features have changed somewhat. There are many ways to analyze demographic processes. The advantage of the cartographic method is in the visual display of the characteristics of the objects of the territory in terms of space and time. With the use of geoinformation technologies, geographic information systems (GIS), in particular, it is worth talking about the improvement of the cartographic method and the formation of the geoinformation method in geography, new or previous methods and methods of cartography have appeared or have been updated, the study of demographic processes for the user of geoinformation systems proceeds more efficiently and quickly. In research were used descriptive-analytical, comparative, cartographic, geoinformation, centrographic methods. GIS analysis was carried out on the basis of the free cross-platform geographic information system QGIS (Quantum GIS). A unified technique for GIS analysis of the region’s demographic processes is being developed on the basis of methods and techniques of geoinformation modeling and mapping. For visualization and subsequent creation of maps, a number of methods and methods are used, including: typological, method of cartographic anamorphic images, method of qualitative and quantitative background, methods of areas, cartodiagrams, ranges of values, method of movement of arrows, etc. For geomodeling of the population reproduction in the Kaluga region, we have chosen 1989–2020. as covering the main trends of population reproduction in the post-Soviet period. As a result, we examined the demographic processes of the Kaluga region, namely, the regional features of the process of population reproduction in the region in the post-Soviet period and the role of migration as a factor in the formation of the population at this stage, the change in the settlement system within the region. The geodatabase “Demographic indicators of population reproduction in the Kaluga region” created for the analysis of regional features of the transformation of population reproduction, formed on the basis of custom sets of layers of spatial and semantic data of the districts of the Kaluga region, and built cartographic models.

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