scholarly journals Awarding the Sign “Resident of Beleaguered Sevastopol” as a New Basis for Assigning Persons to the Category of Veterans of the Great Patriotic War

2021 ◽  
pp. 78-82
Author(s):  
A.A. Elaev ◽  
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Legal Relationship ◽  
Single Criterion ◽  
Great Patriotic War ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

In this article, the author considers persons awarded the sign “Resident of Beleaguered Sevastopol” as a new basis for classifying persons as veterans of the Great Patriotic War, introduced into the legislation of the Russian Federation in 2020, drawing an analogy with the status of persons awarded with the sign “Resident of Blockaded Leningrad » In order to improve the specified subcategory of veterans of the Great Patriotic War. According to the author, the legal relationship regarding the assignment of the federal title of veteran of the Great Patriotic War for persons who lived in beleaguered Sevastopol currently includes, in addition to the material and legal component (the fact of a person’s residence in Sevastopol during the specified period), also procedural component in the sphere of awards of the subject of the Russian Federation, which is at the discretion of the legislator of the subject of the Russian Federation. The author proposes to abandon the criterion for awarding a sign in favor of establishing in the federal law specific criteria for the residence of persons in a certain territory during the Great Patriotic War, to adopt a Resolution of the Government of the Russian Federation on the procedure for determining persons falling under the criteria of residence in these cities, so that this determination can be carried out on the entire territory of the Russian Federation, and also establish a single criterion for referring to veterans of the Great Patriotic War for residents of beleaguered Sevastopol and blockaded Leningrad, associated with the fact of living in these cities during the beleaguer (blockade).

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

Efficiency and Effectiveness of Prevention of Violations of Mandatory Requirements in the Field of Education

2020 ◽  
Vol 8 (2) ◽  
pp. 16-22
Author(s):  
S. Feklin
Keyword(s):  
Russian Federation ◽  
Effective Control ◽  
State Control ◽  
Federal Law ◽  
Efficiency And Effectiveness ◽  
The Status ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators ◽  
Legal Entities

In accordance with the Federal Law of December 26, 2008 No. 294-ФЗ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”, state control (supervision) bodies and municipal control bodies are required to: organize and carry out measures to prevent violations of mandatory requirements, including without interaction with legal entities, individual entrepreneurs; take measures prescribed by law to suppress and (or) eliminate the consequences of identified violations; systematically monitor the fulfillment of mandatory requirements, analyze and predict the status of compliance with mandatory requirements when carrying out activities by legal entities, individual entrepreneurs; annually in the manner established by the Government of the Russian Federation, report on the effectiveness of their activities. At the same time, the legislator did not formulate the definitions of the terms “effective control (supervision)” and “prevention of violations” in the field of education, and the reports on effectiveness and prevention are reduced mainly to quantitative indicators of measures taken, warnings issued, prepared materials, etc. The author of the article, having studied the normative legal acts, having analyzed the practice of carrying out preventive measures in the field of education in the city of Moscow and other subjects of the Russian Federation, presents a scientific look at the institute of the effectiveness and efficiency of prevention in the field of education, gives the results of studies on this issue (using the example of the metropolitan education system).

scholarly journals On Bringing the Controlling Debtor to Subsidiary Liability (Clause in the Ruling of the Constitutional Court of the Russian Federation in the Case of Checking the Constitutionality of Clause 3.1 of Article 3 of the Federal Law “On Limited Liability Companies” Dated May 21, 2021 No. 20-P)

2021 ◽  
Author(s):  
Tatiana A. Tereshchenko ◽  
Keyword(s):  
Russian Federation ◽  
Burden Of Proof ◽  
Limited Liability ◽  
Entrepreneurial Activity ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Entrepreneurial Activities

The article touches upon the problem of attracting persons controlling the debtor in the light of the clause on the interpretation of paragraph 3.1 of Art. 3 of the Federal Law “On Limited Liability Companies”, which was made by the Constitutional Court of the Russian Federation in the Resolution of May 21, 2021 No. 20-P. In particular, the Constitutional Court indicated that the conclusion made in the Resolution of the Constitutional Court of the Russian Federation related to the subject matter of this case cannot in itself be considered as excluding the application of the same approach to the distribution of the burden of proof in cases where another subject acts as a creditor, rather than an individual, the obligation of the company to which arose not in connection with the implementation of entrepreneurial activities by the creditor. Illustrating the grounds for ambiguous interpretation laid down in such a phrase, the author concludes that a narrow approach is still preferable, when the clause is interpreted in favor of only such a creditor who is “another subject, the obligation of the entity to which arose not in connection with carrying out entrepreneurial activity”. According to the author, such a conclusion is not only consistent with the idea of fairness in the distribution of the burden of proof in terms of the status of creditors, but is generally consistent with the general prohibition on taking advantage of unfair behavior.

scholarly journals National security management: retrospective analysis

2020 ◽  
pp. 19-27
Author(s):  
Tatyana Yur'evna Feofilova ◽  
Evgenii Vladimirovich Radygin ◽  
David Zurabovich Amirbegi ◽  
Ul'yana Dmitrievna Bezdelova
Keyword(s):  
National Security ◽  
Retrospective Analysis ◽  
Russian Federation ◽  
Security Management ◽  
State Administration ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The subject of this research is the key changes in the institutional provision of national security. The object of this research is the national security management. Provision of national security is an inextricable element of state administration. The article examines the system of views that reflect state’s position on the question of national security protection, presented in the legislative acts, conceptual and strategic documents considering amendments thereto. The goal of this study consists in determination of transformation of approach of the government of the Russian Federation towards ensuring national security. Federal laws, conceptual and strategic documents of the Russian Federation served as the information base for this research. The scientific novelty consists in systematization of approaches of the state towards understanding of boundaries and organization of national security protection of the Russian Federation. The conducted retrospective analysis allows tracing the changes in approaches of the states towards ensuring national security, observing the transformation of government’s priorities within and outside the country, as well as determining interdependence of the system of national security protection and its structure on the power of state’s authority and the status of development of administration in the Russian Federation. The overall conclusion of this research lies in the statement that the system of national security management is dynamic; its transformation depends on the international relations and factors outside the Russian Federation, as well as on the level of development and stability of the national system of administration.

scholarly journals On the formation and functioning of the municipal election commission

2019 ◽  
pp. 256-259
Author(s):  
Aleksandr S. Tkach
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Municipal Authority ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Municipal Election ◽  
Federal Procurement ◽  
Election Commission

The article deals with problems of the legal status, formation and functioning of the election commission of the municipality. The author analyzes the provisions of the Federal Law "On Basic Guarantees of Electoral Rights," this law determines the status of the election commission of the municipality. The author notes the following problems of the legal status of the municipal commission. First, the representative body of the municipal formation forms the municipal election commission. Secondly, the representative body of the municipality must appoint half of the total number of members of the municipal election commission on the basis of proposals of election commission of the subject of the Russian Federation. Thirdly, the municipal election commission is not legal entity, in this connection, the municipal authority is more dependent on the election commission of the subject of the Russian Federation. Fourth, the order of work of members of the municipal election commission is uncertain. Fifthly, the scope of the federal procurement law is not correct. Proposals to improve the electoral legislation are formulated in the research.

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”.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  
Keyword(s):  
Natural Resources ◽  
Land Management ◽  
Russian Federation ◽  
Industrial Complex ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation ◽  
The Government ◽  
Wide Experience ◽  
State Registration

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

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