Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

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.

ANALYSIS OF THE MAIN PROVISIONS OF THE FEDERAL LAW NO 248-FZ DATED 31.07.2020 “ON STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL IN THE RUSSIAN FEDERATION”

2020 ◽  
pp. 26-32
Author(s):  
Дмитрий Сергеевич Адамов ◽  
Евгений Вячеславович Козырев ◽  
Игорь Владимирович Костерин ◽  
Владимир Александрович Сорокин ◽  
Наталья Олеговна Щеголева
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

В статье рассмотрены основные положения Федерального закона от 31.07.2020 г. № 248-ФЗ «О государственном контроле (надзоре) и муниципальном контроле в Российской Федерации», который вступает в силу с 1 июля 2021 года. Проанализированы изложенные в Федеральном законе процессуальные основы осуществления государственного и муниципального контроля, акцент которых сделан на профилактические мероприятия. The article considers the main provisions of the Federal law No 248-FZ dated 31.07.2020 “On state control (supervision) and municipal control in the Russian Federation”, which comes into force on July 1, 2021. The article analyzes the procedural bases of state and municipal control expounded in the Law. The focus of these bases is on preventive measures.

The Effectiveness of Control and Supervisio№ Activities i№ the Field of Education

2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina
Keyword(s):  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Judicial Decisions ◽  
Government Oversight ◽  
Municipal Employees ◽  
Effi Ciency ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Defense of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, annually the government oversight(supervision) authorities, the bodies of municipal control in accordance with the procedure established by the Government of the Russian Federation, prepare reports on the eff ectiveness of their activities. At the same time, the legislator did not formulate the defi nition of “eff ective control (supervision)”, and effi ciency reports are based primarily on quantitative indicators (information on state (municipal) employees, the number of inspections, the size of fi nes, a list of violations detected and prosecuted persons, information on Judicial decisions, otherwise). The authors of the article, analyzing the normative legal acts, studied the practice of conducting inspections in the sphere of education of Moscow and other subjects of the Russian Federation, set forth a scientifi c view on the effi ciency of control and supervision activity, propose a model, as well as indicators for assessing the eff ectiveness of inspections in education.

scholarly journals Language Policy of the Russian Federation

2020 ◽  
Vol 22 (22) ◽  
pp. 165-177
Author(s):  
Vesna Kosmajac ◽  
Keyword(s):  
Language Policy ◽  
Russian Federation ◽  
The State ◽  
Russian Language ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
The Russian Language ◽  
State Language

This paper presents a sociolinguistic analysis of the current linguistic situation in the Russian Federation. Preservation and development of the Russian language represents the national interest of the state. The Russian language has the status of a state language, but, given the large number of ethnic groups living on the territory of Russia, it must not jeopardise other national languages, as this could lead to inter-ethnic conflicts. Some of the key issues Russia is currently facing in this field are: the process of globalisation, the uncontrolled penetration of anglicisms into the Russian language, the adverse impact of the Internet and social networks on literacy, especially with the younger population. All valid rules of the Russian orthography are, in fact, prescribed by the Government of The Russian Federation. Laws regulating the area of language policy are the Constitution of the Russian Federation, the Law on the Languages of the Peoples of the Russian Federation, and the Law on the State Language of the Russian Federation.

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

Inadmissibility of imitation of compliance with the law when concluding a state contract with a sole supplier (on the example of the penal system)

2021 ◽  
pp. 84-89
Author(s):  
A. N. Khomyakov ◽  
V. A. Aliev ◽  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Russian Federation ◽  
Third Party ◽  
Penal System ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Compliance With The Law

The legislation on the contract system allows in certain cases to make purchases from a sole supplier without using competitive procedures. One of the cases is the production of goods, performance of works, rendering of services performed by an institution or enterprise of the penal enforcement system in accordance with the list of goods, works, and services approved by the Government of the Russian Federation. The practice shows that in some cases, customers and (or) suppliers may unreasonably use the opportunity provided by the legislation, formally concluding a state (municipal) contract with an institution or enterprise of the penal system, bypassing competitive procedures, when actually a third-party business entity is engaged in the execution of the contract. The authors note that such situations actually constitute a circumvention of the competitive procedures for selecting a supplier provided for by law, and contradicts the principles and ideas of regulation laid down in the Law “On the contract system”.

scholarly journals Strategy of development and export potential of the grain complex of Russia. Regional aspect

2020 ◽  
Vol 203 (12) ◽  
pp. 78-82
Author(s):  
Boris Voronin ◽  
M Karpuhin ◽  
Irina Chupina ◽  
Yana Voronina
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Strategy Of Development ◽  
Grain Processing ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Processed Products ◽  
Full Force

Abstract. Grain production and legal regulation of this industry are of paramount importance for the food security of the country. Therefore, the purpose of this study is to analyze the adopted laws and regulations governing relations in the field of grain and its processed products, as well as the state of grain growing in the Sverdlovsk region. The article uses the methods of analysis and synthesis, the method of generalization, the method of environmental forecasting, as well as the method of strategic planning. The results of this article are based on the fact that the Law of the Russian Federation No. 4973-1 “On Grain”, adopted on May 14, 1993 (currently not in full force), established in the first article that grain is a national treasure of the Russian Federation, one of the main factors of economic stability. By Decree of the Government of the Russian Federation No. 491 of August 4, 2005, state control over the quality and safety of grain, mixed feed and components for their production, as well as by-products of grain processing, is assigned to the Federal Service for Veterinary and Phytosanitary Supervision. The scientific novelty lies in the fact that the Law “On Grain” has not become the main integrated legal act in the complex regulating relations in the field of grain growing. Therefore, at present, the most important legal act is the Long-term strategy for the development of the grain complex of the Russian Federation until 2035, which, according to the authors, should consider the organizational and economic mechanisms for the production of the grain complex in close interconnection, where high-quality grain should be provided with appropriate technologies at all stages of its production, as well as during transportation, storage and processing.

scholarly journals House Arrest of the Accused (Suspect): Full Isolation and the Right to Walk

2020 ◽  
pp. 43-46
Author(s):  
Valentina N. Gaponova ◽  
◽  
Varsenik A. Vinogradova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
House Arrest ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The article analyzes the changes in the legal regulation of the house arrest and the practice of its imposition. Particular attention is given to the controversial issue of the right of the accused under house arrest to leave the premises for a walk. The authors note that the Normative Transformation of House Arrest, which brought it closer to detention, set the law enforcement task to overcome the established stereotypes in the interpretation of specific provisions related to the essence of this preventive measure. First, it concerns the “regime” of isolation, specifically, the possibility of the accused to take walks. Today, when the house arrest implies ultimate isolation of the accused with the right to live in their home, the court’s permission for the accused to leave the place of residence is not based on the law. The authors conclude that the positive decision of the court is permissible only because of applying the law by analogy. At the same time, it is necessary to take into account the legal positions of the Constitutional Court of the Russian Federation on the responsibility of the state to take care of the health of persons whose possibilities in this part are limited due to the election of preventive measures with isolation from society.

scholarly journals Legal regulation of the law enforcement function of the Federal service of the National guard of the Russian Federation as one of the main elements of the system of activities of the created executive body

2021 ◽  
pp. 147-150
Author(s):  
Lyudmila Garnik
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
National Guard ◽  
Legal Regulation ◽  
Legal Provisions ◽  
Executive Authority ◽  
The Russian Federation ◽  
The Law ◽  
Executive Body

In the article, the author analyzes the legal provisions governing the law enforcement function of the Federal Service of the National Guard of the Russian Federation (Rosgvardia), as one of the significant areas of activity of the created executive authority, designed to carry out state and public security, protection of human and civil rights and freedoms. The analysis of legal acts, according to the author, will allow the identification of unresolved issues at the legislative level and will contribute to the formulation of new proposals to improve the activities of Rosguard units.

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 IMPACT OF DIGITALIZATION AND AUTOMATIZATION OF THE WORLD ECONOMY ON THE STATE POLICY OF THE RUSSIAN FEDERATION IN THE FIELD OF SHOOL EDUCATION

2021 ◽  
Vol 6 (3(26)) ◽  
pp. 3-5
Author(s):  
Ivan Romanovich Zlotnikov
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
World Economy ◽  
Preventive Measures ◽  
The State ◽  
Basic Training ◽  
The World ◽  
The Russian Federation ◽  
The Government

This article examines the problem of increasing requirements for the competencies of specialists in the world economy and the preventive measures of the Government of the Russian Federation on the issue of basic training of schoolchildren in the field of digital and engineering competencies.

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