scholarly journals Risk-oriented approach during the implementation of the regulatory guillotine mechanism in the implementation of state control (supervision) of compliance with the mandatory requirements of the legislation of the Russian Federation in the field of safety of hydraulic structures: legal collision

2021 ◽  
Vol 39 (3) ◽  
pp. 69-79
Author(s):  
Z. М. Kadiev ◽  
◽  
А. N. Kochetov ◽  

«Risk-based approach» is a relatively new concept introduced into the legislation of the Russian Federation relatively recently. There are a number of issues related to its implementation in practice, the solution and explanation of which should have a systematic approach. This will make it possible to bring the regulatory legal framework in the field of mandatory requirements for ensuring the safety of hydraulic structures to the unity and consistency of legislation, the formation of a uniform practice of applying the introduced legal norms.

2021 ◽  
Author(s):  
Kristina Zimina

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.


2021 ◽  
Vol 12 (34) ◽  
pp. 45-59
Author(s):  
Maksim G. Chardymskiy ◽  
Mikhail V. Gundarin ◽  
Irina Y. Ilina ◽  
Evgeniya E. Jukova ◽  
Dmitrii A. Lomonosov

The aim of implemented research is to form an understanding of the basics of legal regulation of marketing communications in the Russian Federation both among legal theorists and business practitioners interested in carrying out commercial activities in a large, dynamically developing Russian market. This article presents the study results of the legal framework in the field of marketing communications that has developed in the Russian Federation with the country's transition to the market economy. In the course of study, the authors identified the regulatory legal acts of the Russian Federation that directly or indirectly regulate marketing communications, considered the main legal norms in this area, and identified general patterns of functioning of the Russian legal framework in the field of marketing communications.


Author(s):  
V. G. Makarenko

The paper characterizes procedural actions performed by forensic practitioners and law enforcement personnel working in customs. It substantiates the need to update the legal framework behind the system of continuous forensic support of various operations within the system of the Federal Customs Service of the Russian Federation. A system of technical forensic support for customs operations is offered for consideration. The practical significance of the proposed set of actions by the system's agents is linked to the increasing importance of detection of major and minor customs offenses, as well as the need for a more detailed approach that specifies the essence of activities incorporated into continuous forensic support and enhancement of the forms of interaction with customs authorities at all levels of state control.


Author(s):  
ANNA SEREBRENNIKOVA ◽  

The article is devoted to the study of domestic sources of law in the field of cybersecurity. Based on a generalization of sources in the field of international law, criminal legislation of foreign states and provisions developed in the Russian legal doctrine, the author concludes that it is impossible to effectively combat cybercrime when using the tools of a single state. The need for international cooperation in the designated area is a red line in all program and regulatory documents of the industry. Purpose of the article: The purpose of the article is to analyze international legal norms, current domestic legislation for the possibility of improving the criminal law mechanism for countering manifestations of "harassment" in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as the method of interpreting legal norms. Conclusions: as a result of the study, the author comes to the conclusion that it is necessary to ensure the global security of cyberspace by improving the legislation of the Russian Federation and effective international cooperation. In this article, the author presents the genesis of the normative consolidation of the mechanism for countering cyber threats, analyzes the mutual influence of sources of international and state law, considers the main provisions of program and conceptual documents that indicate the essence of Russia's legislative initiatives in the relevant area. The author concludes that taking into account international experience in this issue will contribute to the effectiveness of the reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting scientific research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.


Author(s):  
Fazil' Kubaidullaevich Batenov

The object of this research is the system of public legal relations in the area ensuring road safety. The subject of this research is the legal norms that regulate the measures of administrative responsibility of legal entities and officials in the sphere of road traffic. The goal lies in examination of the normative legal framework that regulates the measures of administrative responsibility of legal entities and officials in the area of road traffic, as well as in formulation of recommendations for improving their effectiveness. Research methodology relies on the fundamental provisions of the theory of law; general scientific methods of analysis, synthesis, and deduction; special scientific methods, such as formal-legal and comparative legal. The novelty of this article consists in the development of specific recommendations for enhancing the measures of administrative responsibility of legal entities and officials in the area of road traffic: escalation of the measures of administrative liability set by the Article 12.32 of the Code of Administrative Offences of the Russian Federation for legal entities that conclude contracts with medical institutions; extension of the principle of responsibility of legal the entity for unlawful actions of their employees and to other administrative offenses of the Chapter 12 of the Code of Administrative Offences of the Russian Federation; extension of the content of the Code of Administrative Offences of the Russian Federation by the articles establishing administrative responsibility of legal entities and officials for administrative offenses associated with operation of highly or fully automated vehicles.


2016 ◽  
Vol 4 (5) ◽  
pp. 43-47
Author(s):  
Ладнушкина ◽  
N. Ladnushkina ◽  
Фёклин ◽  
Sergey Feklin

In accordance with the Federal Law of 13.07.2015 N 246-FZ “On Amendments to the Federal Law “On protection of rights of legal entities and individual entrepreneurs in monitoring of state control (supervision) and municipal control “occurred amendments in the organization of checks, including education. Director of the school, who observes the legislation and (or) does not allow violations may learn that his institution is not included in the planned inspection in the coming year and (or) subsequent years. The article describes and comments the changes in the legislation concerning the most important aspects of the planned inspections of educational institutions and organizations engaged in training. The authors describe an approach to the implementation of control and supervisory activities in the fi eld of education in terms of the current legislation and draft law on the control of the Russian Federation.


Author(s):  
VYu Kurochkin ◽  
YeI Khoroshavina ◽  
AA Fedorov

Background: According to the legislation of the Russian Federation, the bodies and institutions of the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) shall carry out sanitary and epidemiological surveillance over the sanitary protection districts of natural curative resources, health and recreational areas, mountain and spa resorts. The specified districts are statutory and use-restricted zones. They are designated for protection and preservation of natural curative resources and resort areas. The purpose of the study was to elaborate approaches to organization of effective sanitary and epidemiological surveillance over the sanitary protection districts. Material and methods: We analyzed data collected by the Laboratory for Resort Resources of the Yekaterinburg Medical Research Center for Prophylaxis and Health Protection in Industrial Workers, results of our own surveys of mineral water deposits, therapeutic mud sites, and resort areas carried out when designing districts, and data on the districts established in the Russian Federation. In addition, we have reviewed legislative and regulatory requirements for establishment and surveillance of environmental conditions in such districts. Results and discussion: Difficulties in executing sanitary and epidemiological control (surveillance) over the districts are related to the lack of an up-to-date legal framework for the districts or general access to the data on their boundaries, the obsolete nature of programs (plans) of sanitary and recreational activities, a wide variety of controlled activities and objects, etc. Conclusion: In order to organize effective sanitary and epidemiological control over the districts, it is important to review and approve a set of regulatory documents and guidelines developed in 2017–2020 by the Yekaterinburg Medical Research Center for Prophylaxis and Health Protection in Industrial Workers. Besides, it is essential to rank objects of governmental supervision, to develop electronic databases on the controlled objects for each district, and to collaborate with the bodies of the Federal Supervisory Natural Resources Management Service (Rosprirodnadzor) and other state control bodies in conducting scheduled inspections. It is also necessary to conduct sanitary and epidemiological expert examinations, surveys, studies, tests, and other types of assessments, involving accredited experts and expert organizations.


Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.


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