CONSTITUTIONAL INNOVATIONS AND SOCIAL VALUES OF THE STATE IN THE CONTEXT OF THE PRECARIOUS EMPLOYMENT DEVELOPMENT

2021 ◽  
Vol 7 (1) ◽  
pp. 78-94
Author(s):  
Larisa V. ZAITSEVA ◽  
Olga V. Alieva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Social Protection ◽  
Well Being ◽  
Legal Regulation ◽  
Labor Rights ◽  
Political Event ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation

The most important political event in 2020 was the nationwide vote on the approval of amendments to the Constitution of the Russian Federation. Some of the adopted amendments directly concern the social sphere; they are designed to ensure an increase in the well-being of Russian citizens and the level of their social protection. This has actualized scientific research on social justice in all social sciences and humanities. In this regard, legal science is most interested in questions related to at least two aspects. First, to what extent are the amendments to the Russian Federation Constitution relevant from the point of view of the social sphere current state? To what extent are they conditioned by the current agenda and modern social relations content? On the other hand, to what extent does the current legislation designed to serve the implementation of the constitutional foundations meet the requirements of the Basic Law? Do not the provisions of the Constitution become an unattainable bright ideal in the modern system of legal regulation of specific legal relations? This work is devoted to the formulation of precisely these questions. It provides examples from the sphere of regulation of social and labor relations, which make it possible to talk about the difficulties that the law is already facing today, not having sufficient funds in its traditional arsenal to ensure the implementation of fair social standards established in the Constitution. The development of employment non-standart forms, the precarization of the labor market, an objective decrease in the number of hired workers in the total number of employed, creates a significant circle of subjects who today do not have access to the rights and guarantees established by the Constitution, since they are traditionally ensured by the norms of labor law, which does not apply to these citizens. Based on the experience of individual foreign countries, it is concluded that in order to fully implement the constitutional foundations and principles in the world of work, it is necessary to extend certain traditional labor rights and guarantees to the self-employed and workers employed on online platforms.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals Recommendations of the Distance Meeting “Regional and Municipal Practices of Implementation of Professional Standards in Social Services”

2016 ◽  
Vol 21 (1) ◽  
pp. 130-135
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Social Protection ◽  
Professional Standards ◽  
Educational Services ◽  
State University ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation ◽  
Moscow State University

In fulfillment of the order of Governmental Сouncil for the Social Patronage Сhair O.Yu. Golodets on the implementation of interdepartmental models of pro- viding social and educational services in testing and implementation of social services professional standards, Moscow State University of Psychology and Education with support of Ministry of Labor and Social Protection of Russian Federation held a distant alignment meeting (webinar) “Regional and Municipal Practices of Implementation of Social Services Professional Standards” on February 26, 2016. Participants of the alignment meeting made recommendations on the organization of the transition of social sphere organizations in the regions of the Russian Federation to the dealing according to social services professional standards, including the development and implementation of region roadmap for professional standards testing in the 2016–2018, professional and public discussion of regional models and regulations of interdepartmental interac- tion while providing social and educational services.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

LEGAL SUPPORT STATUS OF ELECTROMAGNETIC SAFETY

2021 ◽  
Author(s):  
М.Ю. МАСЛОВ ◽  
Ю.М. СПОДОБАЕВ
Keyword(s):  
Electromagnetic Radiation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
State Control ◽  
Federal Law ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation

Концептуальный кризис в электромагнитной безопасности телекоммуникационных сетей и систем охватил деятельность ряда хозяйствующих субъектов и ведомств и продолжает активно проникать в социальную сферу. В статье рассматриваются серьезные противоречия хозяйствующих субъектов в области правовых, организационных, методических и научных проблем электромагнитной безопасности, которые и являются источником кризиса. Анализируются правовые механизмы, сложившиеся в международной практике. Российская Федерация - одно из немногих государств, которое полностью берет на себя ответственность за электромагнитную безопасность населения. В настоящее время прямое правовое регулирование в области обеспечения электромагнитной безопасности населения РФ отсутствует. Необходима разработка Концепции и Федерального закона «Об электромагнитной безопасности населения», в котором будут прописаны согласованные тонкости и особенности государственного контроля над источниками электромагнитного излучения. А conceptual crisis in the electromagnetic security of telecommunication networks and systems has engulfed the activities of several economic entities and departments and continues to actively penetrate the social sphere. The article considers serious contradictions of economic entities in the field of legal, organizational, methodological, and scientific problems of electromagnetic safety, which are the source of the crisis. The article analyzes the legal mechanisms that have developed in international practice. The Russian Federation is one of the few states that fully assume responsibility for the electromagnetic safety of the population. Currently, there is no direct legal regulation in the field of ensuring the electromagnetic safety of the population of the Russian Federation. It is necessary to develop a Concept and a Federal Law "On Electromagnetic Safety of the Population", which will spell out the agreed subtleties and features of state control over sources of electromagnetic radiation.

scholarly journals The problems of legal regulation of cryopreservation: the experience of the Russian Federation and the Republic of Tajikistan

2021 ◽  
pp. 48-57
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Assisted Reproductive Technology ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Reproductive Technology ◽  
Legal Analysis ◽  
The Social ◽  
The Russian Federation ◽  
The Republic

The object of this research is the social relations emerging with regards to cryopreservation procedure as one of the assisted reproductive technology, as well as the problems of legal regulation of such relations (based on the experience of the Russian Federation and the Republic of Tajikistan). The subject of this research is the legislative norms that regulate the cryopreservation procedure currently effective in Russia and Tajikistan; corresponding law enforcement practice; statistical data and publications of the official media sources. The scientific novelty consists in carrying out a comprehensive comparative legal analysis of the peculiarities of legislative regulation of cryopreservation procedure in different world’s countries (on the example of the Russian Federation and the Republic of Tajikistan), determination of the existing problem, and development of their possible solutions. The acquired results encompass the author’s original recommendations aimed at elimination of the detected problems of legal regulation of this method of assisted reproductive technology, which usually requires the development and adoption of the special normative legal act that would regulate the cryopreservation procedure in both, the Russian Federation and the Republic of Tajikistan.

scholarly journals The specificity of legal regime for implementation of business activity in the territories of advanced socioeconomic development

2021 ◽  
pp. 74-86
Author(s):  
Anastasiya Mikhailovna Sidneva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Socioeconomic Development ◽  
Legal Regulation ◽  
Business Activity ◽  
Legal Regime ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the legal regime for implementation of business activity in the territory of advanced socioeconomic development in the Russian Federation. The object of this research is the social relations that arise between the actors in the course of conducting business activity in the territory of advanced socioeconomic development. The article outlines the essential characteristics of the definition of the territory of advanced socioeconomic development based on the available research on the topic and current legislation of the Russian Federation. The author also explores the constituent composition of the territory of advanced socioeconomic development and debating points related to implementation of their rights and responsibilities. The scientific novelty lies in determination of the new theoretical positions towards the fundamentals of legal regulation of business activity in the territory of advanced socioeconomic development, and formulation of recommendations for improving the statutory support of such relations. Having analyzes the legal regulation of business activity conducted in the territory of advanced socioeconomic development, the author determines the specificity of implementation of such activity, as well as characteristics of the territory of advanced socioeconomic development from cognate categories with similar legal regime. The article considers the constituent composition of the territories of advanced socioeconomic development and peculiarities of implementation of their rights and responsibilities.

scholarly journals Impact of proliferation of the new COVID-19 infection upon the changes social security legislation

2020 ◽  
pp. 74-84
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Social Insurance ◽  
Well Being ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Lump Sum ◽  
The Social ◽  
The Russian Federation ◽  
Families With Children

The subject of this research is the changes in the Russian social security legislation during the spread of new COVID-19 infection. The article examines the transformation of material legal relations associate with granting allowance for temporary incapacity for work, unemployment compensations, lump-sum payments and monthly payments to families with children. The author meticulously analyzes the questions of legal regulation of the additional compensations to various categories of citizens, established by the normative legal acts of the constituent entities of the Russian Federation. Special attention is paid to the implementation of distance interaction of citizens with the social security bodies of the Russian Federation, as well as the possibility to render assistance without the need to apply. The scientific novelty of this work consists in the comprehensive research of the dynamics of social security legislation aimed at neutralization of negative consequences of proliferation of the new COVID-19 infection and maintenance of the level of well-being of the citizens. The author’s special contribution lies in determination and analysis of the grounds for granting social security at the time of pandemics, as well as changes in the size of compensations. The conclusion is made on underutilization of resources of the compulsory social insurance, which led to the need for implementation of a set of new measures on social security of the citizens on the federal and regional levels.

scholarly journals Legal Nihilism in the Context of the Implementation of Amnesty and the Social Consequences of its use (on the Example of the Russian Federation)

2019 ◽  
Vol 8 (4) ◽  
pp. 6069-6072 ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Positive Impact ◽  
Comprehensive Analysis ◽  
Social Consequences ◽  
Dual Nature ◽  
The Social ◽  
The Russian Federation

The article deals with the peculiarities of the interaction of such legal phenomena as legal nihilism and amnesty. Based on a comprehensive analysis of these phenomena, the authors substantiate the opinion that the issue of an amnesty act can have both positive and negative social consequences, which reflect the dual nature of legal nihilism: the combination of both destructive manifestations and a positive impact on social relations.

scholarly journals On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic)

2021 ◽  
Vol 1 (8) ◽  
pp. 118-124
Author(s):  
E. A. Kashekhlebova
Keyword(s):  
Russian Federation ◽  
Work Experience ◽  
Large Scale ◽  
Legal Regulation ◽  
Scale Transformation ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Restrictive Measures

The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.

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