scholarly journals LEGAL NATURE OF DEPARTMENTAL REGULATIONS

2019 ◽  
Vol 23 (3) ◽  
pp. 413-428
Author(s):  
Yuri G. Arzamasov
Keyword(s):  
Russian Federation ◽  
Setting Process ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Creation ◽  
The Government ◽  
Rule Making ◽  
Multistage Classification

The article is devoted to the establishment of the legal nature of departmental regulations. The main parameters and scope of rule-making competence of federal executive bodies are examined. Because of the heterogeneity of departmental normative acts, there is a need to develop a general multistage classification of departmental regulations, the creation of which will also help determine their legal nature. Based on the analysis, a conclusion was made on the need for legislative regulation of the rule-making competence of federal executive bodies, as well as the procedure for implementing a departmental norm-setting process in the Russian Federation. The question is debated whether the departmental normative acts are sources of law. It is concluded that departmental regulations perform the same functions as all other normative legal acts, that is, they create norms of law, modify and supplement existing norms, and in some cases cancel them. Consequently, these acts are sources (forms) of law. The problem of the place, which departmental normative acts occupy in the system of subordinate normative acts, is being discussed. In conclusion, the author comes to the inference that departmental regulations possess all the features of by-laws. It is noted that departmental regulations act as acts of developing norm-setting, since they carry out the functions of detailing and concretizing laws, acts of the President and the Government.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

Professional Training in Early Intervention for Children and Families in Russian Federation

2020 ◽  
Vol 17 (2) ◽  
pp. 106-117 ◽  
Author(s):  
R.Zh. Mukhamedrahimov ◽  
L.V. Samarina
Keyword(s):  
Early Intervention ◽  
Russian Federation ◽  
Professional Education ◽  
Professional Training ◽  
Early Care ◽  
Training Professionals ◽  
The Russian Federation ◽  
The Creation ◽  
The Government ◽  
Early Intervention System

In accordance with the Concept for the Development of Early Care in the Russian Federation (Decree of the Government of the Russian Federation of 2016, December 17, No. 2723-r), the creation of an early intervention system for children from birth to three years old and their families is an integral part of the formation of comprehensive assistance to children with health disabilities. One of the priority tasks of the Concept implementation is the management of the quality of services, including through the creation of a system for training professionals in the field of early intervention. The article analyzes the need for professionals specializing in providing early intervention in the constituent entities of the Russian Federation, as well as the directions and content of their training. In addition, information is provided on domestic and foreign experience of professional training of such experts. The results of the analysis indicate the need to create a variable system for training professionals in the field of early intervention in the Russian Federation. Training offers include activities in the field of higher and further professional education, including retraining and advanced training. The authors emphasize the need to combine professional training in selected areas of early care — with the training of transdisciplinary professionals.

scholarly journals Review of Regulatory Legal Acts in the Field of Science Regulation (01.01.2021 – 01.09.2021)

2021 ◽  
Vol 3 (3) ◽  
pp. 226-0
Author(s):  
Andrei Serebriakov
Keyword(s):  
Russian Federation ◽  
Scientific Community ◽  
Legal Framework ◽  
Ministry Of Education ◽  
Current State ◽  
Science Regulation ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Government ◽  
Rule Making

Rule-making on the regulation of science is actively developing. Every year, the state authorities adopt an administrative number of acts regulating various aspects of the activities of the scientific community. Often, documents introduce editorial changes, but some of them contain new provisions that significantly change the life of a scientist. For this reason, it is important to always be aware of the current state of the regulatory legal framework on the regulation of science, to understand the agenda of this process. The review contains information on the main regulatory legal acts on the regulation of the scientific and technical sphere for eight months of 2021. The documents are divided into groups according to their legal force: federal laws; decrees of the President of the Russian Federation; acts of the Government of the Russian Federation; departmental regulations of the Ministry of Science and Higher Education of the Russian Federation; recommendations of the Presidium of the Higher Attestation Commission of the Ministry of Education and Science of Russia.

The concept and legal nature of digital maturity

2021 ◽  
pp. 107
Author(s):  
Tatiana A. Polyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Practical Implementation ◽  
Federal Law ◽  
Legal Nature ◽  
Development Direction ◽  
The Russian Federation ◽  
The Government ◽  
Transformation Processes

The article examines the legal nature of the institute of digital maturity. Being considered the legal grounds for the introduction and use of digital maturity indicators as part of digital transformation processes. The authors analyze the definitions of digital maturity given in the current legislation and scientific literature and outline the indicators of digital maturity. Based on the analysis of legal regulation and the legal nature of the digital maturity concept, the authors define it as the result (level) of the development of a particular subject, object, institution or development direction as part of the digital transformation implementation. This result is characterized by a certain general and special set of indicators (indicators). The article proposes to formalize this definition as part of a federal law or a decree of the Government of the Russian Federation. The analysis of the legal regulation of relations connected with the digital maturity provision indicates a clear lack of methodological support for these processes, the lack of a unified approach to understanding what digital maturity is, and what general and special indicators and criteria for their assessment should be used. The article concludes that, based on the existing legislation, it is often difficult to understand what requirements exist for a certain actor to ensure the digital maturity and how it is to be achieved. The future development of the concept of digital maturity will largely be based on the practical implementation of legally fixed models. In this regard, the authors believe that an instrumental means is carrying out the experiments on the official implementation of these indicators at the level of individual subjects, thus testing it and identifying a promising model for the digital maturity development. In the current situation, there exists a need for the development of the institute by assessing the practical implementation of digital maturity as part of digital transformation processes both at the federal and regional levels in the Russian Federation.

Lighting Products Problems of Technical and Legal Regulation of Energy Saving and Energy Efficiency

2018 ◽  
pp. 93-98 ◽  
Author(s):  
Anna A. Bakulina ◽  
Dmitry V. Karpukhin ◽  
Marina A. Lapina
Keyword(s):  
Energy Efficiency ◽  
Energy Saving ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
Federal Law ◽  
Technical Regulation ◽  
The Russian Federation ◽  
The Creation ◽  
The Government

One of the key problems in the state of the Russian energy sector is the creation of effective energy­saving technologies for both organizations and ordinary consumers. The forecast of scientific and technological development of the Russian Federation for the period until 2030, approved by the Government of the Russian Federation, mentions low volumes of energy saving in the sphere of final consumption as one of the threats to Russia’s economic development. In 2009, the Federal Law No. 261­FZ “On Energy Saving and Increasing Energy Efficiency” was adopted. The corresponding Resolution of the Government of the Russian Federation No. 961 of September 20, 2014 prescribes the creation of a database on the most effective technologies used in apartment houses, administrative and public buildings. Federal Law No. 184­FZ of December 27, 2002 (as amended on July 29, 2017) “On Technical Regulation” establishes an imperative order, according to which technical and legal regulation in the field of application of energy efficiency requirements, requirements for lighting devices, electric lamps, used for lighting purposes, should be implemented at the level of the federal law approving the relevant normative legal act. However, as of today this federal law has not been adopted. The technical and legal regulation of lighting products is carried out fragmentarily, at the level of national standards. The adoption of a federal law that establishes a technical regulation for lighting products will effectively respond to the challenge outlined in Presidential Decree No. 208 of May 13, 2017 “On the Strategy for Economic Security of the Russian Federation for the Period until 2030” regarding the development of energy­saving technologies and reducing the material consumption.

Institutional and legal reforms aimed at increasing the export competitiveness of Russian goods and overcoming restraining restrictions

2019 ◽  
Author(s):  
Гульнара Ручкина ◽  
Gul'nara Ruchkina ◽  
Максим Демченко ◽  
Maksim Demchenko ◽  
Светлана Дахненко ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Scientific School ◽  
Economic Relations ◽  
Legal Reforms ◽  
Legal Nature ◽  
Export Competitiveness ◽  
The Russian Federation ◽  
The Government

The monograph is based on the results of research of the scientific school of the Financial University under the Government of the Russian Federation "State regulation of entrepreneurial activity", carried out at the expense of budgetary funds under the state task of the Financial University under the Government of the Russian Federation for 2018. The article is devoted to the development of practical recommendations of institutional and legal nature aimed at improving the export competitiveness of Russian goods and overcoming restraining restrictions. Contains scientific and practical proposals aimed at improving the export competitiveness of goods of the Russian Federation; factor matrix, including a description of the legal, institutional and administrative barriers to the export of Russian industrial products; proposals to improve the system of export support in the Russian Federation, geographical and sectoral diversification of international trade and economic relations and proposals for the participation of the Russian Federation in the concept of "goods of the EAEU", taking into account the implementation of the project "Made in Russia". It is intended for teachers, students and anyone interested in improving the export competitiveness of Russian goods and overcoming constraints.

scholarly journals Die Regierungsform Russlands, der Ukraine und Weißrusslands – Superpräsidentialismus?

2019 ◽  
Vol 65 (3) ◽  
pp. 297-358
Author(s):  
Michael Trattner
Keyword(s):  
Russian Federation ◽  
Parliamentary Systems ◽  
Presidential System ◽  
Traditional Classification ◽  
The Russian Federation ◽  
The Common ◽  
The Government ◽  
Presidential Systems

Along with the common scholarly classification of government systems as parliamentary systems, presidential systems, semi-presidential systems or their respective derivatives, often the terms of the so-called “super-presidentialism” or “super-presidential system” can be found in the literature. Until now, these terms have not been substantially clarified. This articles attempts to find at least approximate, initial answers to the question whether there is a further level of classification of government systems in addition to the traditional classification. For this purpose, this article analyses the particular competences of the presidents of the Russian Federation, Ukraine and Belarus from a constitutional, comparative viewpoint. The article aims to provide a demonstrative catalogue of competences that, in a particularly significant way, indicate a potential imbalance in the government system. Furthermore, the article sheds light on the question whether in the analyzed states there are tendencies of super-presidential systems, or whether such a system can actually even be confirmed in these states.

scholarly journals Types of easements and peculiarities of their implementation in the Russian and Vietnamese Law

2021 ◽  
pp. 43-60
Author(s):  
Thi Hoan Nguyen
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Legal Analysis ◽  
Unified Approach ◽  
Real Right ◽  
Legal Nature ◽  
The Subject ◽  
The Russian Federation

The relevance of this article is substantiated by the absence of unified approach toward comprehension of the legal nature of public easement. Insufficient regulation of easement relations in civil legislation of the Russian Federation (easement is mentioned in just four articles of the Civil Code of the Russian Federation) entails the problems in law enforcement practice. One of such problems is the absence of universal classification of easements that would ensure unity of the mechanism for regulating easement relations, which affords grounds for amending the current Russian legislation. The attempt to systematize easements suggested by the real right reform is polemical and yet to be approved. The subject of this research on the basis of comparative legal analysis is the provisions of the types of easements and peculiarities of the implementation in the Russian and Vietnamese law. The novelty lies in carrying out a comprehensive comparative legal analysis of the types of easements in the Russian and Vietnamese law. The conclusion is made on the gap in the mechanism of regulation of easement relations in the Russian legislation. The need is substantiated for the systemic construction of easement norms in the Civil Code of the Russian Federation. The author makes recommendations for the improvement of the provisions on easement in the reform, and outlines the vector of development of this institution in the current legislation of Vietnam. The theoretical and practical value of this work gives an in-depth perspective on the civil law of the Russian Federation and Vietnam.

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