scholarly journals University autonomy: a prerequisite for the development of Russian higher education in the context of digitalization

2020 ◽  
Vol 11 (4) ◽  
pp. 877-902
Author(s):  
Ilia A. Vasilyev ◽  
◽  
Nelli I. Diveeva ◽  
Ekaterina A. Dmitrikova ◽  
Anastasia A. Kashaeva ◽  
...  
Keyword(s):  
Education System ◽  
Legal Status ◽  
Legal Regulation ◽  
State Control ◽  
Educational Organizations ◽  
University Autonomy ◽  
Legal Form ◽  
Russian Higher Education ◽  
Financial Audit ◽  
Regional Specificity

Autonomy as a fundamental guarantee for the implementation of educational activities accompanied the formation of the first universities, subsequently acquiring regional specificity. The education system in Russia objectively operates by a different structure for the interrelation of the subjects and mechanisms in order for educational organizations to implement their activities compared to the era of the first universities. In the article, the authors identify and propose to consider the key nodes of the legal status of universities: organizational and legal form as a legal shell, proprietary rights in property, methods of financing, tax preferences, and forms of control over activities. The study of these features is important for answering the questions of whether they lead to the emergence of a new model of legal regulation of universities and whether there is a correlation with university autonomy. Both answers, as shown in the article, are negative. The decision should not come only “from above”, although the state recognition of the independence of universities should be expressed in the expansion of their powers in property and financial spheres. Educational organizations themselves must realize the value of autonomy, starting with the formulation of their mission, which is presented formally and not meaningfully in the charters of Russian universities. The mission of the article’s authors is seen in the ability to make independent decisions and be responsible for such decisions. The participation of a public entity in the functioning of universities today seems to be excessive: goal setting, state task, and state control should not suppress the autonomy of educational organizations. The use of various public resources may become a Solomon solution: supervisory and board of trustees, student government, internal financial audit, and others. Finally, the latest and far from the last challenges to the education system (digitalization, pandemic) are shifting the area of responsibility to the universities themselves, which will have to make operational decisions based on their vision of the current situation. For this to occur, educational organizations need to understand the degree of their autonomy.

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

scholarly journals IMPROVING THE LEGAL REGULATION OF THE RUSSIAN HIGHER EDUCATION SYSTEM VS INTERNATIONAL RATING SYSTEMS

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 240-254
Author(s):  
Анна Владиславовна ПОПОВА
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Education System ◽  
Legal Regulation ◽  
Rating Systems ◽  
Global Competitiveness ◽  
Higher Education System ◽  
Legal Documents ◽  
Russian Higher Education ◽  
The Russian Federation

The task of creating by 2030 at least 100 advanced modern universities – centers of scientific, technological and socio-economic development of the country, in order to achieve the global competitiveness of the Russian higher education system and practical failure of the 5-100 Program reinforce the need for a reasonable legislative consolidation of criteria indicators for achieving such an ambitious goal. Purpose: to analyze the criteria of the main international rating systems, regulatory legal acts of the Russian Federation and other legal documents in the field of higher education to identify groups of criteria for achieving global competitiveness by Russian universities. Methods: the author uses empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Such special scientific methods as comparative-legal and legal-dogmatic are used. Results: the study makes it possible, based on a comparative legal analysis of the main international rating systems, legal documents, Russian legislation and scientific literature, to conclude that it is necessary to introduce criteria provisions into the legislation of the Russian Federation that take into account not only international criteria aimed at the Anglo-American education system, but, above all, the National Security Strategy of the Russian Federation.

scholarly journals Improvement of the Legal Regulation of Academic Researchers’ Labour in Russia and Abroad

2020 ◽  
Vol 15 (9) ◽  
pp. 50-58
Author(s):  
N. V. Chernykh
Keyword(s):  
Legal Status ◽  
Working Hours ◽  
Legal Regulation ◽  
Educational Organizations ◽  
Federal Law ◽  
Scientific Organizations ◽  
Academic Researchers ◽  
Contract Of Employment ◽  
The Russian Federation ◽  
Heads Of State

The paper investigates the issues of a legal status of scientists, researchers and persons involved in conducting scientific research (supporting personnel), analyzes changes under the Federal Law No. 157-FZ of May 25, 2020, “On amendments to the Labour Code of the Russian Federation with regard to the establishment of the limit age for replacement of positions of heads, deputy heads of state and municipal educational organizations of higher education and scientific organizations and heads of their branches,” determines the directions of improvement in legislation associated with insufficient legal regulation of working hours of scientific workers. The author examines the issue of scientific workers’ labor norming and substantiates the necessity of implementing labor standards for scientific workers in order to exclude their overworking. In addition, the paper focuses on problems related to the introduction of researchers’ performance and efficiency indicators that have appeared due to the introduction of an “effective contract” (a performance-based contract of employment).

On the differences in the fundamentals of legal regulation of external and internal state financial control

2021 ◽  
pp. 72-90
Author(s):  
Anton Vyacheslavovich Abrosimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Internal State ◽  
Legal Regulation ◽  
Financial Control ◽  
Complex Nature ◽  
State Control ◽  
Policy Document ◽  
History Of

This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the  conceptual framework, as well as the main methods of regulation and organization of financial control.

scholarly journals Some Issues of the Legal Regulation of the Cossacks in Constituent Entities of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 49-59
Author(s):  
S. S. Zenin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legislative Process ◽  
Physical Force ◽  
Legal Form ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

scholarly journals Legal Status of the Accounting Chamber of Ukraine: Current State and Perspectives of Development

2021 ◽  
Vol 81 (2) ◽  
pp. 130-135
Author(s):  
L. V. Borets ◽  
Ya. O. Arbych
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
International Standards ◽  
State Agency ◽  
Financial Control ◽  
Control Functions ◽  
The Status ◽  
Financial Audit ◽  
The Law ◽  
High Level

The bases of the legal status of the Accounting Chamber have been studied: rights, duties, responsibilities, principles, purpose, functions, place of the Accounting Chamber among other state agencies and their interaction. It has been emphasized that the Accounting Chamber should be assigned the status of the Supreme Audit Institution in order to harmonize the legal definition of the legal status of the Accounting Chamber with international standards, namely the Lima Declaration of Control Guidelines, which should assist in expanding the powers of the state agency and should facilitate the effective realization of control functions. The authors have studied the problem of compliance of the Accounting Chamber with the principle of independence contained in the Constitution of Ukraine and in the Law of Ukraine “On the Accounting Chamber”. The emphasis has been placed on the fact that the legislator identifies the legal categories of “state financial audit” and “state external financial control (audit)” in the Law of Ukraine “On the Accounting Chamber”, by using the phrase “state external financial control (audit)”. It is the basis for authors to emphasize the importance of adopting a regulatory act, which will be designed to distinguish between basic categories (concepts) in the field of public financial control (audit). The need to consolidate the functions of the Accounting Chamber at the legislative level and their delimitation with the powers of a state agency has been substantiated. The need to supplement the title of the Law of Ukraine “On the Accounting Chamber” with the word Ukraine has been emphasized. The shortcomings of the legal regulation of the institution of responsibility of officials of the Accounting Chamber have been highlighted. The emphasis has been placed on the fact that the mechanism for bringing officials of the Accounting Chamber to disciplinary responsibility is not regulated at a high level. The authors have emphasized on the improvement of normative and legal regulation of the special procedure for bringing guilty persons to administrative liability by authorized persons of the Accounting Chamber for violation of the law. Based on the analyzed experience of the Accounting Chamber of France, the authors have suggested the ways to improve the legal status of the Accounting Chamber of Ukraine.

scholarly journals Transformation of Personnel Provision for Russian System of Higher Education

2019 ◽  
Vol 29 (4) ◽  
pp. 617-624
Author(s):  
Polina Ananchenkova ◽  
Vasily Bludov ◽  
Marina Spasennikova ◽  
Vladislav Tyunkov
Keyword(s):  
Higher Education ◽  
Human Capital ◽  
Education System ◽  
Professional Education ◽  
Human Potential ◽  
Educational Organizations ◽  
Research Activities ◽  
Russian Higher Education ◽  
Higher Professional Education

Development of human capital nowadays in the XXi century stands out as the most important factor of transforming economy and society. With help of investments into development of human potential, Russia increases the rates of economic growth, creating the necessary foundation for strengthening its positions in terms of global completion. The quality of human capital is built by the system higher professional education which determines the potential and success in changing the social structure in technological and economic aspects. The authors examine the topical moments of transforming the personnel provision for the Russian system of higher professional education at the current stage of forming the innovative economic strategy of Russia’s development. Improving the quality of the Russian higher education is at present topical, presenting a strategic task, the solution of which will allow to provide economic stability of our country. The article brings forth the results of investigating the attitude of the Russian people to the Russian and foreign higher education, gives an assessment of the current state of the personnel provision for the Russian higher school. On the basis of these results, the article identifies main drawbacks of the personnel provision for the Russian system of higher professional education and offers directions of increasing the personnel potential of the Russian educational organizations of the higher professional education system. It draws a conclusion that the process of transforming the personnel provision for the higher professional education system in the Russian educational organizations dictates a complex of requirements to the professional role of the faculty members, bringing to the forefront the availability of functions in organizing both the academic and the project and research activities, to formation of educational practices. The present-day faculty member must serve as a consultant, a researcher, a manager of projects, must be «a navigator» in the educational and digital environment.

scholarly journals Administrative and Legal Principles for Determining the Legal Regime of Using Forestry Resources as an Important Component of Nature-Oriented Complex of Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 66-77
Author(s):  
О. Ye. Volkov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Development ◽  
State Control ◽  
Legal Regime ◽  
Legal Principles ◽  
Time Requirements ◽  
Forest Legislation ◽  
Definition Of ◽  
Forestry Resources

The author has studied the concept and content of the legal regime in the general sense and through the prism of the sphere of research of the forestry fund of Ukraine. The elements and features of the legal regime of forestry resources of general and special purpose have been characterized. The author has offered own definition of the concept of “legal regime of the forestry fund”. It has been emphasized that the effective protection of the forestry fund as an important component of the country’s nature-oriented complex depends directly on the proper implementation of the norms of the legislation regulating the relations concerning the use and protection of forestry resources, compliance of these norms with the provisions of European legislation and time requirements, as well as on the systematic exercise of state control over the area of use and protection of forestry resources. It has been concluded that it is necessary to improve administrative and legal principles of the use (protection) of the forestry fund objects of the proper legal regulation of relations in this sphere by developing and adopting the Law of Ukraine “On the Forestry Fund of Ukraine”, codification of the forest legislation of Ukraine, systematic review and introduction of relevant amendments to the Forest Code of Ukraine, updating the legal status of the forestry authorities in regard to ensuring the legal regime of the forestry fund. The author considers the scientific development of issues concerning the elaboration of the issues on improving the mechanism of administrative and legal regulation of the legal regime for offenses in the field of use and protection of forestry resources in Ukraine in the context of the implementation of European law into Ukrainian legislation as a perspective direction for further research.

scholarly journals Nuclear Materials Ownership in the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 99-104
Author(s):  
Sergey A. Babich ◽  
Keyword(s):  
Energy Use ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation System ◽  
Nuclear Materials ◽  
Legal Analysis ◽  
State Control ◽  
Nuclear Facilities ◽  
Safety Issues ◽  
Legal Writing

In response to the challenges of the epoch, “nuclear” laws currently regulate safety issues related to handling of nuclear materials, nuclear facilities operation, related transactions, nuclear waste processing and disposal, state control over the nuclear energy use, and international cooperation in the nuclear sphere. One of the most important institutions of the “nuclear” regulation system in Russian law is the institution of ownership of nuclear materials, understood by the modern legislator as materials containing, or capable of reproducing, fissile (fissionable) nuclear substances. Consolidating the rules of nuclear materials ownership, the legislator further formulates requirements for nuclear materials control and accounting, transactions procedure, and safe operation of nuclear facilities, as well as introduces liability for violation of such requirements. Today, many aspects related to the legal status of nuclear materials owners and the notion of handling nuclear materials deserve a deep legal analysis, since the current legal regulation has gaps and contradictions. The legal writing method used to word such norms, structures, and basic notions must meet the criteria of clarity, unambiguous interpretation, and absence of regulatory gaps, that is why the system of legal regulation of the institution of nuclear materials ownership needs further improvement.

Differentiation of Legal Regulation of Labor Relations as Typical Tendencies of Labor Law Development

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Алия Нуртдинова ◽  
Aliya Nurtdinova ◽  
Людмила Чиканова ◽  
Lyudmila CHikanova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Professional Activity ◽  
Legal Form ◽  
Professional Activities ◽  
Special Rules ◽  
Polar Opposite

The articles dwells upon the issue of differentiation of legal regulation of labor relations which is seen as a legal instrument, which allows taking into account the specificity of social relations that are formed under the conditions of or among the labor law subjects and that have specific features. The differentiation is a polar opposite to the legal regulation unity which embodies the existence of a unified legal status of employees, their equality, and, ultimately, the unity of the branch of law, which is unthinkable without stability and certainty of legal standing of principal participants of relevant legal relations. Further differentiation of legal regulation of labor relations is one of the most typical tendencies in labor law development. The article notes that the grounds for differentiation, out of necessity to coordinate with the principle of equality, and hence abidance by discrimination prohibition, must be entitative, justified and directly linked with an object of legal regulation and satisfy the principles of clarity and unambiguousness. Based on the abovementioned criteria, the authors analyze such grounds of differentiation of legal regulation of labor relations as peculiarities of labor process, its organization, and the type and nature of labor activity, the field of economic activity which uses labor, and the working and environmental employment terms. The articles notes that the grounds for differentiation, chosen by a legislator, do not always correspond to the mentioned criteria. They are often arbitrary and do not reflect their objective need or do not correspond to the reality. For example, inclusion into the Labor Code of peculiarities of legal regulation of labor relations for those categories of workers, in relation to whom these peculiarities have already been established by special laws. In fact these rules do not convey any regulatory meaning and therefore complicate the legislation and do not contribute to clarity and transparency of those workers’ legal status. The analysis shows that the employer’s legal form and the peculiarities of the employees’ professional activities have recently become the mostly widespread grounds for differentiation. The authors draw the conclusion that differentiation cannot be considered valid if it was derived on the basis of one criterion (the employer’s legal form) without taking into account other significant criteria. While the admissibility (and sometimes the necessity) of setting the specificity of legal regulation based on the peculiarities of labor (professional) activity does not raise doubts. The only issue that could be raised is the issue of existence (or absence) of such peculiarities and of the advisability of specific manifestations of the differentiation, i.e. special rules adopted by a legislator.

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