Risk-oriented Model of the Organization and Implementation of the Federal State Energy Supervision

2021 ◽  
pp. 76-81
Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Energy ◽  
Federal State ◽  
Economic Damage ◽  
Risk Category ◽  
State Control ◽  
Federal Law ◽  
Emergency Situations ◽  
Vital Functions ◽  
The Russian Federation

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.

scholarly journals On the issue of organizational problems of state fire supervision in connection with the entering into force of the federal law on state control (supervision) and municipal control in the Russian Federation

2021 ◽  
pp. 14-18
Author(s):  
Sergey E. Mordvinenko ◽  
Denis S. Pikush ◽  
Aleksandr V. Ershov
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
Scientific Work ◽  
State Control ◽  
Federal Law ◽  
Fire Control ◽  
Emergency Situations ◽  
Starting Point ◽  
The Russian Federation ◽  
Organizational Problems

Introduction. Due to the updating of the legislative framework, the possibility of introducing the so-called "seamless" interdepartmental processes in the field of fire control and supervision is considered. The paper shows how insufficiently well-regulated actions of departments can become a factor that reduces the efficiency of work in this area and hinders its development. The importance of Federal Law No. 248-FZ of July 31, 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" was noted. At the same time, significant difficulties of its practical application are recognized. With references to the sources, it is shown that, addressing this problem, scientists demonstrate either a global, enlarged approach, or, conversely, study particular cases within the borders of one region, in relation to a specific group of objects of fire control and supervision. The relevance of the presented work lies in the fact that the authors offer an adequate solution to universal organizational problems. Problem Statement. The starting point in solving the tasks of this scientific work is the study of the text of Federal Law No. 248-FZ of July 31, 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation". From the point of view of law enforcement practice, the authors had to evaluate innovations in the activities of the state fire supervision bodies of the Ministry of Emergency Situations of Russia, identify weaknesses if possible, make arguments in favor of organizational and, in particular, communication processes, identify ways to solve the problems. Theoretical Part. The new document is considered as an element of the evolutionary process of state policy in the field of monitoring the compliance with mandatory requirements, including in the field of fire safety. The main imbalances that can potentially reduce the efficiency of the relevant departments of the Ministry of Emergency Situations have been identified. Thus, the Regulation on Fire Safety provides for the collection, clarification and annual updating of accounting information about the objects of supervision. At the same time, only the names of procedures are given in the document. There is no scheme of actions that links the object of supervision with such features of the subject (official) as: knowledge, experience, workload, Internet skills, computer or digital technology, technical and organizational availability of information resources. According to the statistics, the urgent need for appropriate adequate solutions is dictated by objective reasons. Constructive and relatively easy-to-implement measures to overcome the identified imbalances are indicated. Conclusions. The results of scientific work presented in this article demonstrate the direction of further improvement of the professional activities of specialists in fire control and supervision, as well as the department as a whole. The results of the research suggest that at the present stage in Russia (and, in particular, in the Rostov region) the information base is sufficient to improve departmental processes. Two factors should be recognized as the main weaknesses of the system. This is clearly insufficient digitalization of departments and the lack of high-quality communications between departments of various levels and profiles.

Control (supervisory) measures: innovations of Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”

2021 ◽  
pp. 25-32
Author(s):  
O.V. Shinkareva ◽  
V.A. Dikikh
Keyword(s):  
Russian Federation ◽  
Control Measure ◽  
Control Measures ◽  
State Control ◽  
Federal Law ◽  
Field Inspection ◽  
Control Actions ◽  
The Russian Federation

The article is devoted to the analysis of the types of control measures that will be carried out in accordance with Federal Law No. 248-FZ of the “On State Control (Supervision) and Municipal Control in the Russian Federation”, the main provisions of which will enter into force on July 1, 2021. This law also applies to the activities of organizations that are subject to licensing. Types of control (supervisory) measures are considered, in particular, control and monitoring procurement, inspection visit, raid inspection, documentary and field inspection, as well as monitoring compliance with mandatory requirements and field examination. The essence of each type of control measure, the basis for carrying out the measures, control actions that can be used in their implementation are analyzed.

Legal and clinical aspects of emergency burns

2020 ◽  
Vol 22 (4) ◽  
pp. 208-211
Author(s):  
V. A. Sokolov ◽  
I. F. Shpakov ◽  
Ya. L. Butrin
Keyword(s):  
Russian Federation ◽  
Clinical Aspects ◽  
Practical Skills ◽  
Federal Law ◽  
Emergency Rescue ◽  
Medical Evacuation ◽  
Emergency Situations ◽  
The Russian Federation ◽  
Key Questions

The key questions concerning particular sections of the topic Burns in Emergencies are presented. Particular attention is paid to the presentation of terminology. For this, the wording of the Federal Laws, Government Resolutions and Orders of the Ministry of Health of the Russian Federation were used. In accordance with the latter, the classification of emergency situations is given, as well as the criteria by which their damage is assessed. It has been established that the involvement of the forces and means of the Ministry of Defense in the elimination of the consequences of emergency situations is spelled out in the Federal Law. In addition, an argument is made on what basis the citizens of the Russian Federation are obliged to constantly improve their knowledge and practical skills in studying numerous issues of protecting the population, providing assistance to victims, in carrying out emergency rescue operations, etc. situations that led to massive burns. Key features of burns as injuries sustained in emergency situations are formulated. Also, aggravating circumstances are listed that negatively affect the general condition of the victims. The role and place of clinical guidelines as a fundamental development governing the sequence of the organization and content of medical care for those burned at the stages of medical evacuation are indicated. Attention is drawn to the legal significance of the problem.

Current State of School Libraries in the System of Modern Education of the Russian Federation

2021 ◽  
Vol 70 (2) ◽  
pp. 205-218
Author(s):  
Dmitry A. Ivanchenko ◽  
Irina V. Berezina
Keyword(s):  
Russian Federation ◽  
School Library ◽  
School Libraries ◽  
Federal State ◽  
Educational Organizations ◽  
Federal Law ◽  
Modern School ◽  
Current State ◽  
The Russian Federation ◽  
State Educational

Since 2016, the Russian Federation has been implementing the Concept for the Development of School Information and Library Centres, the main purpose of which is to create conditions for the formation of modern school library as a key tool in the new infrastructure of educational organization that provides modern conditions for teaching and upbringing.The study assesses the current state of school libraries in the Russian Federation. The authors analyze the regulatory and organizational basis of school libraries’ activities, present in detail the difficulties of implementing the Concept for the Development of School Information and Library Centres, taking into account the norms and requirements for the organization of school libraries space, as well as consider the issues of staffing the activities of school libraries.The authors conclude that today at least half of school libraries do not meet the requirements of the Federal Law “On Education in the Russian Federation” and Federal State Educational Standards for their activities; and the heads of educational organizations are not interested in the development of library as it requires serious organizational and financial costs, but does not directly affect the performance assessment of their work.The updated school library, filled with relevant content, supported by personnel, methodology, technologies and resources, has the ability to update the content of school education, create the necessary modern infrastructure and use effective mechanisms for managing educational activities. The authors propose a number of actions, the implementation of which at the federal and regional levels will increase the effectiveness of further activities for the development of school libraries and information and library centres.

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.

Monitoring Law Enforcement in Archival Legislation for Legal Loop-Holes: A Case-Study of the Activities of the Archival Agency of the Kurgan Region

2018 ◽  
pp. 146-154
Author(s):  
Aleksandr I. Kulinich ◽  
◽  
Evgeniy I. Sorogin ◽  
Keyword(s):  
Russian Federation ◽  
Control Function ◽  
Government Agency ◽  
State Control ◽  
Federal Law ◽  
Primary Activity ◽  
Archival Documents ◽  
The Russian Federation ◽  
Federal Laws ◽  
State Archives

The authors study legal loop-holes in the archival legislation. As it is impossible to analyze the whole of archival legislation, including regional laws and regulations of all subjects of Russia, the article focuses on the Federal law. It draws on practices of the Archival Agency of the Kurgan Region and addresses practical concerns. It analyzes inconsistencies and legal loop-holes in implementation of following three laws: the Federal law of October 22, 2004 no. 125-FZ ‘On archiving in the Russian Federation,’ the Federal law of 26 December, 2008 no. 294-FZ ‘On protection of rights of legal persons and self-employed entrepreneurs in the exercise of state control (supervision) and municipal control,’ and the Federal law of April 5, 2013 no. 44-FZ ‘On contract systems in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs.’ The study has identified the following legal loop-holes and inconsistencies: (1) There is a legal loop-hole in implementation of the control function. No clear demarcation of jurisdictions of the Russian Federation and those of the subjects of the Russian Federation is provided in Federal laws no. 294-FZ and no. 125-FZ; (2) There is a contradiction between Federal laws no. 125-FZ and no. 44-FZ. In case of winding-up of a state procurement agency and transferring its powers to a government agency, documents on primary activity are to be filed in a state archive and also to remain in the new government agency; (3) Lack of uniform and federally approved methodology for division of ownership of archival documents between municipalities and subjects of the Russian Federation result in similar documents falling under different forms of ownership in different regions; (4) Lack of regulatory framework in acquisition and transfer of e-documents to state archives hinders introduction of a full-featured e-document interchange between state authorities. The authors contend that these legal loop-holes and inconsistencies should be corrected.

scholarly journals Formation and Assessment of Skills of Independent Preparation of Written Works in General

2021 ◽  
Vol 25 (3) ◽  
pp. 4-14
Author(s):  
O. A. Vakurova ◽  
O. A. Filippova
Keyword(s):  
General Education ◽  
Russian Federation ◽  
Federal State ◽  
Free Access ◽  
Ministry Of Education ◽  
Federal Law ◽  
Educational Work ◽  
Educational Standard ◽  
Modern Computer ◽  
The Russian Federation

Purpose of research. Today, the informatization of school education has reached a qualitatively new level, schools now have access to fast Internet, modern computer equipment, etc. However, the quality of independent written work of students may significally fall, due to open and free access to fabricated texts (essays, reports, essays), as well as the lack of basic skills of independent work and curiosity among the younger generation. In this regard, the purpose of the study is to pose the problem of formation and evaluation of skills for independent preparation of written work in General education, to consider the current state of affairs in this area of primary education, to develop proposals and solutions to this problem.Materials and methods. To solve this problem, the authors of the article have analyzed the works of Russian and foreign authors in the field of pedagogy, as well as works on the digital generation and the information society formation in the Russian Federation and legislative acts (Federal law «on education in the Russian Federation» dated 29.12.2012 N 273-FZ, national project «Education», order of the Ministry of education and science of the Russian Federation dated December 17, 2010 No. 1897 «on approval of the Federal state educational standard of basic General education», The procedure for admitting citizens to study in educational programs of primary General, basic General and secondary General education, approved by order of the Ministry of education and science of the Russian Federation of January 22, 2014, No. 32, etc.).Results. The study has revealed the current situation in teaching and explaining the basic skills of independent and creative work of students: the lack of methodological foundations and practice of teaching the basics of academic ethics and academic writing, the lack of automated means of monitoring the independent performance of written works.Conclusion. In the article, the authors provide basic recommendations and suggestions for improving the current situation, such as the introduction of elements of informing the school system about the requirements for independence in the performance of educational work as part of academic ethics, elements of independence control (systems for detecting borrowings in written works), the development of programs for teachers to master the means of controlling the independence of students’ written work.

scholarly journals Problems of development of state control and supervision in the context of legislative reform

2020 ◽  
Vol 4 (4) ◽  
pp. 94-101
Author(s):  
Anna F. Masalab
Keyword(s):  
Russian Federation ◽  
Main Tool ◽  
State Control ◽  
Federal Law ◽  
Legislative Reform ◽  
Scientific Hypothesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject. The system of state control and supervision in the Russian Federation was chosen as the subject of research. The relevance of the article is due to the need to find a balance between improving the level of law and security in various areas of business and reducing administrative pressure on business entities during control and supervisory activities. The purpose of the article is the goal is to substantiate the scientific hypothesis that the existing system of state control and supervision in Russia needs further improvement despite the performing legislative reform. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as legal interpretation of legislative acts and drafts. Results, scope of application. The correlation of the terms "control" and "supervision" is defined, the stages of development of these institutions are highlighted, and he directions for improving the control and supervision activities of the state are outlined. Analysis of the features of legislative regulation of state control and supervision allowed us to identify three stages of its formation. Currently, the third stage of the control and supervision reform is being implemented in Russia. Analysis of the new Federal law "On state control (supervision) and municipal control in the Russian Federation" made it possible to note that this act has some obvious advantages in comparison to Law No. 294-FZ: the extension of the scope of the risk-based approach, clear regulation of all control activities, avoiding monopoly inspections as the main tool of control and supervision, use of preventive approach rather than punitive approach. Conclusions. It is concluded that the new Federal law "On state control (supervision) and municipal control in the Russian Federation" provides for the development of a risk-based approach in the implementation of control and supervision activities, as well as a number of other innovations that can, if being properly implemented, reduce the administrative burden on economic entities, change the punitive direction of the control activities to a preventive one. At the same time, the problem of unification of the conceptual apparatus in this area remains unresolved.

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.

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