scholarly journals Sanitary-epidemiological surveillance: a new stage in development stimulated by digitalization and changes in legislation

2021 ◽  
pp. 4-16
Author(s):  
N.V. Zaitseva ◽  
◽  
I.V. May ◽  
D.A. Kiryanov ◽  
S.V. Babina ◽  
...  
Keyword(s):  
Risk Profile ◽  
Epidemiological Surveillance ◽  
Neural Network Modeling ◽  
Risk Category ◽  
Federal Law ◽  
Control Activity ◽  
Economic Entity ◽  
Epidemiologic Surveillance ◽  
Distance Control ◽  
The Law

The paper dwells on methodical approaches that provide implementation of provisions fixed by the Federal Law No. 248 «On state control (surveillance) and municipal control on the Russian Federation» that comes into force on July 01, 2021. The Law has strengthened the significance of a risk-oriented model for control and stressed the necessity to assess surveillance efficiency as per criteria related to minimizing risks for protected values and to enhance digitalization and electronic communication between all the concerned parties in the sphere. Taking into account more specific list of objects that are subject to control fixed in the Law, we suggest a procedure for determining categories of health risks caused by specific industrial objects combined with determining a risk category for an economic activity performed by an economic entity. Risk is assessed as a combination of a probability that obligatory requirements are violated and severity of outcomes that result from such violations. The procedure allows optimal planning of control and surveillance activities regarding enterprises and organizations that perform their activities on multiple industrial sites (network companies, large holdings, etc.). We also considered an approach to creating dynamic risk-oriented checklists and suggested specific ranking for sanitary-epidemiologic requirements that were included into such checklists basing on frequency and history of violations that were committed by an object under surveillance regarding legislative requirements and risks that damage to health might occur due to such violations. The paper contains a description of methodical approaches to creating a statistic risk profile for an object under control. Creating a risk profile with mathematical procedures for data processing (including neural network modeling) allows achieving more qualitative risk detection, drawing up a maximum targeted program for a control activity, and operative reacting to types of violations that have not occurred previously. The paper describes a principle way for introducing forms and procedures for distance control into the sanitary-epidemiologic surveillance system. It is shown that efficient distance control should be based on digitalized documents required during control and surveillance activities; maximum possible use of data taken from state, municipal, and other data sources; intensified practices of remote hardware control; as well as development and scientific and methodical support provided for an intellectual information system within control and surveillance activities.

scholarly journals Sanitary-epidemiological surveillance: a new stage in development stimulated by digitalization and changes in legislation

2021 ◽  
pp. 4-16
Author(s):  
N.V. Zaitseva ◽  
◽  
I.V. May ◽  
D.А. Kiryanov ◽  
S.V. Babina ◽  
...  
Keyword(s):  
Risk Profile ◽  
Epidemiological Surveillance ◽  
Neural Network Modeling ◽  
Risk Category ◽  
Federal Law ◽  
Control Activity ◽  
Economic Entity ◽  
Epidemiologic Surveillance ◽  
Distance Control ◽  
The Law

The paper dwells on methodical approaches that provide implementation of provisions fixed by the Federal Law No. 248 «On state control (surveillance) and municipal control on the Russian Federation» that comes into force on July 01, 2021. The Law has strengthened the significance of a risk-oriented model for control and stressed the necessity to assess surveillance efficiency as per criteria related to minimizing risks for protected values and to enhance digitalization and electronic communication between all the concerned parties in the sphere. Taking into account more specific list of objects that are subject to control fixed in the Law, we suggest a procedure for determining categories of health risks caused by specific industrial objects combined with determining a risk category for an economic activity performed by an economic entity. Risk is assessed as a combination of a probability that obligatory requirements are violated and severity of outcomes that result from such violations. The procedure allows optimal planning of control and surveillance activities regarding enterprises and organizations that perform their activities on multiple industrial sites (network companies, large holdings, etc.). We also considered an approach to creating dynamic risk-oriented checklists and suggested specific ranking for sanitary-epidemiologic requirements that were included into such checklists basing on frequency and history of violations that were committed by an object under surveillance regarding legislative requirements and risks that damage to health might occur due to such violations. The paper contains a description of methodical approaches to creating a statistic risk profile for an object under control. Creating a risk profile with mathematical procedures for data processing (including neural network modeling) allows achieving more qualitative risk detection, drawing up a maximum targeted program for a control activity, and operative reacting to types of violations that have not occurred previously. The paper describes a principle way for introducing forms and procedures for distance control into the sanitary-epidemiologic surveillance system. It is shown that efficient distance control should be based on digitalized documents required during control and surveillance activities; maximum possible use of data taken from state, municipal, and other data sources; intensified practices of remote hardware control; as well as development and scientific and methodical support provided for an intellectual information system within control and surveillance activities.

Hygienic analysis of violations of sanitary and epidemiological requirements for working conditions in the field of "Mining" before and after the introduction of a risk-oriented model of control and supervisory activities (on the example of the Perm Region)

2021 ◽  
Vol 61 (12) ◽  
pp. 797-806
Author(s):  
Nina V. Zaitseva ◽  
Svetlana V. Klein ◽  
Ella V. Sedusova ◽  
Vitalii G. Kostarev ◽  
Vladimir M. Chigvintsev ◽  
...  
Keyword(s):  
Working Conditions ◽  
Production Control ◽  
Epidemiological Surveillance ◽  
Risk Category ◽  
Federal Law ◽  
Group Activities ◽  
Economic Entity ◽  
Before And After ◽  
The Russian Federation ◽  
Perm Region

In the Russian Federation, "Mining" is a priority activity in the group "Activities in the field of industry and agriculture" for the potential risk of harm to health. The study aims to perform a hygienic analysis of violations of sanitary and epidemiological requirements for working conditions in the field of "Mining" (on the example of the Perm Region) before and after the introduction of a risk-oriented model of control and supervisory activities to manage risks to the health of the working population. Scientists performed a study according to the data of 49 inspection acts by the Rospotrebnadzor Department in the Perm Region to facilities operating in the field of "Mining," before and after the introduction of a risk-based approach (for the periods 2013-2016 and 2017-2019), using standard analysis methods. Implemented in practice in 2016, the risk-oriented approach to the control and supervision of working conditions provides for the attribution of the activities of a legal entity, an individual entrepreneur, and (or) production facilities used by them in the implementation of this activity to a particular risk category under MP 5.1.0116-17. The study used data from the Federal Register of economic entities (legal entities/sole proprietors) subject to sanitary and epidemiological supervision as of 2020; data from Rosstat and Permstat on the number of employees engaged in work with harmful and(or) dangerous working conditions, data from Rospotrebnadzor and the Department of Rospotrebnadzor in the Perm Region on occupational morbidity for 2019. The average number of violations of sanitary and epidemiological requirements to working conditions per year per economic entity in the field of Mining in the Perm Region since 2017 (since the introduction of the risk-based model of sanitary and epidemiological surveillance) has significantly decreased (p<0.05) from 62 violations (in 2013-2016) to 31 (in 2017-2019), mainly due to a significant 2.5-fold decrease in the number of breaches of the requirements of Federal Law No. 52-FZ per entity - from 30 violations to 12. In 2017-2019, the average number of violations of the requirements for working conditions per year per subject significantly decreased compared to 2013-2016 (p<0.05) due to a reduction in violations of the requirements for the maintenance of industrial and household premises (by 11.9 times). In the period 2017-2019, regarding 2013-2016, the contribution of violations under requirements for the maintenance of industrial and household premises, ventilation decreased by an average of 5.37 and 6.07 times, respectively, increased to overalls and PPE, production control by 3.16 and 1.67 times. The results obtained indicate that introducing a risk-based approach has led to a decrease in the number of violations of sanitary and epidemiological requirements for working conditions in the field of Mining in the Perm Region since 2017. As well as an increase in the overall structure of violations of the proportion of violations of requirements, non-compliance with which can lead to severe consequences for human health (increased the proportion of violations of requirements for overalls, PPE, working conditions with a PC, production control).

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Risk-oriented Model of the Organization and Implementation of the Federal State Energy Supervision

2021 ◽  
pp. 76-81
Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Energy ◽  
Federal State ◽  
Economic Damage ◽  
Risk Category ◽  
State Control ◽  
Federal Law ◽  
Emergency Situations ◽  
Vital Functions ◽  
The Russian Federation

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals Involvement in the organized market of such forms of self employment in rural areas as personal subsidiary farms of citizens

2021 ◽  
Vol 0 (13) ◽  
pp. 31-37
Author(s):  
Ekaterina Kot ◽  
Tat'yana Zyryanova ◽  
Sergey Zyryanov
Keyword(s):  
Rural Areas ◽  
Financial Literacy ◽  
Theoretical Research ◽  
Practical Significance ◽  
Federal Law ◽  
Strategic Development ◽  
Axiomatic Analysis ◽  
Self Employment ◽  
Deductive Method ◽  
The Law

Abstract. Within the framework of a set of measures for the implementation of the national project on small and medium-sized enterprises and support for individual entrepreneurial initiative in accordance with the Decree of the President of the Russian Federation on national goals and strategic development tasks, the importance of involving citizens in independent production activities is reflected. In this regard, Federal Law No. 422-FL of 27 November 2018 (hereinafter referred to as the Law) initiated a tax experiment to establish a new special tax regime “Tax on Professional Income” (hereinafter referred to as the TPI). The purpose of the study is to determine the economic impact of the new tool on the involvement in economic turnover of such a form of self-employment in rural areas as personal subsidiary farms of citizens. Tasks: 1) using the deductive method of theoretical research to analyze the effect of the experiment on the application of the new special tax regime on the territory of Russia; 2) to consider in practical situations the options for applying the TPI for self-employed citizens; 3) systematize data on the calculation of naps in the form of a model that has theoretical and practical significance for the involvement of private subsidiary farms (hereinafter referred to as PSF) in an organized market. Research methods: deduction, axiomatic, analysis, synthesis, comparison, experiment, measurement. The scientific novelty and results is that according to the Law, a new target group is allocated – self-employed citizens who indicate services in different fields of activity. In agriculture, it is also necessary to direct the activities of PSF that sell their own products to an organized market. Results. In order to help improve financial literacy with the support of self-employed entrepreneurs, a comparative analysis of deductions for the calculation of professional income tax was conducted. Algorithms for calculating naps have been developed, which are the basis for considering practical situations. A model has been compiled that systematizes the procedure for applying the TPI for self-employed citizens.

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

scholarly journals Restriction of Constitutional Rights and Freedoms by the Law of the Constituent Entitity of the Russian Federation when Regulating the Sale of Non-Alcoholic Tonic Drinks

Lex Russica ◽  
2020 ◽  
pp. 33-41
Author(s):  
E. N. Doroshenko
Keyword(s):  
Russian Federation ◽  
Energy Drinks ◽  
Scientific Data ◽  
Retail Trade ◽  
Fundamental Rights ◽  
Federal Law ◽  
Rights Of The Child ◽  
The Russian Federation ◽  
The Law ◽  
Court Practice

A common practice of imposing various prohibitions and rules in the constituent entities of the Russian Federation, owing to the need to solve acute social problems and achieve constitutionally significant goals, draws attention to the problem of restricting by the law of the constituent entity of the Russian Federation fundamental rights and freedoms of the man and citizen. Using the regulation of retail sale of non-alcoholic toning drinks as a case-study, the paper discusses the relevant legislative work, court practice, conditions and content of imposed restrictions. The laws of the constituent entities of the Russian Federation provide for prohibitions imposed on the sale of non-alcoholic tonic drinks to minors, retail trade in educational and medical organizations, as well as in places holding activities with the participation of young people and the consumption of such drinks by minors in public places. Attempts have been made to adopt a federal law with similar content, but taking into account the negative attitude of the Government of the Russian Federation and arguments concerning the absence of unambiguous scientific data with regard to the harm caused by ”energy” drinks, the State Duma rejected four draft laws. The regional laws’ analysis is carried out in the context of delineation of jurisdictions and powers between federal bodies of state power, sectoral legislative regulation and provisions consolidated in Part 3 Article 55 of the Constitution of the Russian Federation. Restrictions on the sale of “energy” drinks are considered within the framework of the content of the legislation regulating the protection of rights of the child, civil legislation and other legal acts, as well as legal stances of the Constitutional Court of the Russian Federation. The paper has revealed uncertainty in the interpretation of the constitutional provision restricting human rights and freedoms by the federal law, which leads to contradictions in court practice.

Modern ideas about natural monopolies and their tariff regulation. Part 1. Natural monopolies

2021 ◽  
pp. 100-118
Author(s):  
Павел Юрьевич Сериков ◽  
Надежда Викторовна Гончарова ◽  
Ирина Павловна Серикова
Keyword(s):  
State Regulation ◽  
Natural Monopoly ◽  
Federal Law ◽  
The Law ◽  
Definition Of

Определение естественных монополий, закрепленное в российском законодательстве, недостаточно корректно, что негативно сказывается на практике их государственного регулирования в нашей стране. В этой связи авторами рассмотрено становление отечественного института естественных монополий, исследована «эволюция» понятия «естественная монополия», проанализированы подходы российских и зарубежных экономистов к регулированию деятельности естественных монополий. Отмечено, что у отечественных исследователей отсутствует консолидированный взгляд на природу и процедуру идентификации естественных монополий, в то же время имеющиеся теоретические разработки в этой области недостаточно учитываются на практике. Констатируется, что дискуссия по вопросам регулирования естественных монополий продолжается. Необходимость заполнения пробелов в законодательстве очевидна, и в первую очередь это касается обоснования собственно понятия естественных монополий и процедуры их идентификации. По мнению авторов, предпочтительным с указанной целью является обновление Федерального закона «О естественных монополиях» № 147-ФЗ - его своего рода реновация, которая позволила бы наполнить закон содержанием, соответствующим современным реалиям, в том числе актуализировать определение естественных монополий как объектов регулирования, определить адекватные времени методические подходы к их регулированию и т. д. The definition of natural monopolies, enshrined in Russian legislation, is not correct enough, which negatively affects the practice of their state regulation in our country. In this regard, the authors considered formation of national institute of natural monopolies, investigated the “evolution” of “natural monopoly” concept, analysed the approaches of Russian and foreign economists to regulate natural monopoly activities. It is stated that the discussion on the regulation of natural monopolies continues. The need to fill the gaps in legislation is obvious, and first of all it concerns the substantiation of the actual concept of natural monopolies and the procedure for their identification. According to the authors, it is preferable for this purpose to update the Federal Law “On Natural Monopolies” No. 147-FZ - a kind of renovation that would fill the law with content that meets modern realities, including updating the definition of natural monopolies as objects of regulation, determining adequate time methodical approaches to their regulation, etc.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 39 United Arab Emirates: Emirati Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Bälz Kilian
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Civil Code ◽  
International Standards ◽  
Federal State ◽  
Private International Law ◽  
International Treaties ◽  
Federal Law ◽  
The Hague ◽  
The Law

This chapter presents Emirati perspectives on the Hague Principles. The United Arab Emirates (UAE) are a federal State that was established in 1971. Private international law, civil procedure, and arbitration all are federal matters that are covered by federal laws. Private international law is codified in a section of the UAE Civil Code (Federal Law No 5 of 1985) that deals in Articles 10 to 28 with ‘The application of the law regarding the place’. The section also contains the conflict of law rules applicable to international commercial contracts. The statutory provisions of the Civil Code are, in practical terms, the most important source of law when determining the law applicable to an international contract in the UAE. According to Article 22 of the Civil Code, international treaties, to the extent they apply, override the provisions of municipal law. Moreover, Article 23 of the Civil Code provides that in the absence of any statutory provision, ‘the [general] principles of private international law’ shall apply. This provides the UAE courts with the option to make reference to international standards such as the Hague Principles.

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