scholarly journals LOCAL SELF-GOVERNMENT: PRACTICE OF ELECTORAL LEGISLATION ENFORCEMENT

2018 ◽  
Vol 1 (4) ◽  
pp. 96-111
Author(s):  
Alexander Butakov
Keyword(s):  
Russian Federation ◽  
City Council ◽  
Constitutional Rights ◽  
Federal Law ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The subject. The article presents a special study of the law enforcement practice of electoral legislation made by a court of various instances in the process of elections to the Omsk City Council of the sixth convocation held on September 10, 2017. The collision arises between the enforcement of federal and regional legislation is analyzed in the article.The purpose of the article is to find the ways of solving the conflict that arose during thr enforcement of federal and regional legislation regarding the verification procedure of voter’s signature.The methodology. The methods of analysis and synthesis are used. The focus of the scientific analysis concerns the courts decisions.The results, scope of application. In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” of June 12, 2002, No. 67-FZ, the last paragraph of par. 8 of art. 37 fixes a set of issues established by the law of a sub-sovereign entity of the Russian Federation in holding the elections to a representative body of local self-government. In 2003, the regional law No. 456-OZ “On Elections to Local Self-Government Bodies of the Omsk Region” was passed, in which issues referred to the jurisdiction of the subject of the Russian Federation in the last paragraph of par. 8 of art. 37 of Federal Law No. 67, were not confirmed, especially with regard to the consolidation of the verification order of voters' signatures and grounds for recognition these signatures invalid, and (or) invalidated. At the same time, the Federal Law “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies” No. 138-FZ of November 26, 1996, which in par. 2 of art. 1 "registered" the mechanism of its application in case of unsettledness, even with regard to the right to elect and be elected to the bodies of local self-government by the law of that body.The nsettledness concerns the verification order of authenticity of voters' signatures in candidacy lists when nominating candidates for representative bodies of local self-government.Conclusion. The article considers the sequence of solving this problem by the courts of the first, appellate and cassation instances, as a result of which the essence of the collision does not find its material and procedural solution, still remaining a gap both in the legislation and in the activities of federal control and supervisory bodies.

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”.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES

2018 ◽  
Vol 1 (4) ◽  
pp. 117-128
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Point Of View ◽  
Federal Law ◽  
Material Resources ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
Scope Of Application ◽  
The Russian Federation

Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

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 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.

scholarly journals Comparative study of crimes of deliberate non-payment of wages in the Criminal Codes of China and Russia

2021 ◽  
pp. 159-162
Author(s):  
Kai Xu
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
People's Republic Of China ◽  
Employment Contract ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
To Receive

The phenomenon of malicious non-payment of wages is widespread in all countries of the world, maybe it is especially serious in China, it has attracted a lot of attention from the Party (CPC) and the Chinese government. Under conditions when the solution of this issue through civil and administrative methods is not very effective, the Chinese legislative bodies, under the leadership of offi cials, fi nally decided to use the intimidating power of criminal punishment to solve this problem, which has tormented the government for many years.Article 41 “Amendments to the Criminal Code (8) of the People’s Republic of China” states: After article 276 of the Criminal Law, an article is added as one of the articles 276: Evasion of payment of wages to workers by transferring property, escape, etc. Or those who are able to pay, but do not pay wages to employees in the case when the amount is relatively large, and the relevant government departments order the payment of wages, but still cannot pay, are punished with imprisonment for up to 3 years or arrest, and additionally or as an independent punishment — a fi ne; Persons who have committed the same violations that have entailed serious consequences are punished with imprisonment for a term of 3 to 7 years and additionally with a fi ne. If the crime mentioned in the fi rst part of this article was committed by an organization, a fi ne is applied to the organization, and the directly responsible heads of the organization and other directly responsible persons are punished in accordance with the fi rst part of this article. The acts provided for in the fi rst and second parts of this article, which did not entail serious consequences, in which the employee’s salary for work is paid before the charge is brought and appropriate compensation is accepted in accordance with the law, then the punishment may be commuted or released. Article 276 of the Criminal Code provides for the crime of causing harm to production and economy, which belongs to this chapter crime against property (Chapter 5 of the special part of the Criminal Code). Therefore, the crime of malicious non-payment of wages is a crime against the property of citizens (employees).Due to the fact that the Chinese Constitution does not provide that citizens have the right to receive remuneration, only the Labor Legislation states: that Workers have the right to equal employment and choice of profession, the right to receive wages for work ... In view of this, that from the point of view of legal relations, based on both the Labor Law and the Law on the Employment Contract, the effect of non-payment of wages only occurred between the employee and the employer. According to the employment contract, disputes arising when, after the employee has fulfi lled the contract, but the employer does not pay him wages in accordance with the contract.The Criminal Code of the Russian Federation provides for crimes of non-payment of wages, pensions, scholarships, allowances and other necessary payments in chapter 19 “crimes against the constitutional rights and freedoms of man and citizen” of section VII “Crimes against the person”. Bringing together the above, the rights to pay for work, receive state pensions and social benefi ts, etc., protected by the Criminal Code of the Russian Federation, are constitutional rights. And also, they are specifi ed in Article 2 of the Constitution of the Russian Federation a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state, specifi ed in the Criminal Code of the Russian Federation.In China, when criminalizing the action of non-payment of wages, the most fundamental issue that needs to be resolved is to have a basis of justice, that is, to introduce "income from labor" into the Constitution of the People’s Republic of China, which provides for the basic rights of a citizen. At the same time, it is necessary to amend the chapter related to “crimes against the rights of the individual and the democratic rights of citizens in the Criminal Code,” and to amend the “crime against constitutional rights,” as well as the chapter includes “crimes of non-payment of wages, scholarships, pensions and benefi ts”, but should not be included in chapter 5 “crime against property”.As a result, a comparison of the criminal code between the two countries China and Russia on the crime of malicious non-payment of wages shows that there are contradictions and problems in Chinese legislation, and the political signifi cance of the legislation far exceeds the legal signifi cance, which will directly affect its application in judicial practice.

scholarly journals METHOD OF COMMITTING FRAUD IN THE FIELD OF HOUSING CONSTRUCTION

2020 ◽  
Vol 30 (5) ◽  
pp. 734-739
Author(s):  
Yu.N. Kuleshov
Keyword(s):  
Russian Federation ◽  
Complete Picture ◽  
Housing Construction ◽  
Constitutional Rights ◽  
Construction Sector ◽  
Scientific Interest ◽  
Optimal Sequence ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

Fraud in the construction sector encroaches on one of the constitutional rights - the right to housing, established by article 40 of the Constitution of the Russian Federation. One of the ways to prevent these crimes is to investigate them effectively. However, this requires knowledge of the characteristics of the commission of these crimes. Knowledge of a method of committing these crimes is of particular importance. In this regard, the subject of research, which is the basis of this article, is the method of committing fraud in the construction sector. Determining the specifics of the method of committing fraud in the field of housing construction allows you to identify the most optimal sequence of actions during the investigation, which can ensure the establishment of a complete picture of the crime committed. Problems of methods of investigation of these crimes are of scientific interest and their solution is demanded by the practice of investigation. The article makes recommendations that can be useful for effective investigation of fraud in the field of housing construction.

scholarly journals THE RIGHT OF JUVENILE CONVICTS TO PERSONAL SAFETY IN PRISONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA: THEORETICAL AND METHODOLOGICAL ASPECT

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 257-267
Author(s):  
Artyom Y. Nesterov, ◽  
◽  
◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Significant Proportion ◽  
Penal System ◽  
Constitutional Rights ◽  
Personal Safety ◽  
Federal Law ◽  
Personal Security ◽  
The Russian Federation ◽  
The Right

The article is devoted to one of the urgent problems of ensuring the personal safety of juvenile convicts in prison. The theoretical and methodological study of the analyzed phenomenon allowed us to single out the general opinion of scientists and the factors that determine the current state of personal safety of juvenile convicts in educational colonies of the Federal Penitentiary Service of Russia, in the pre-trial detention centers of the Russian Federal Penitentiary Service, as well as at the stages of going to the place of serving the criminal sentence in in the form of deprivation of liberty and those under investigation for crimes committed in places of deprivation of liberty. The author of the article analyzes the provisions established in article 13 of the Criminal Procedure Code of the Russian Federation, the right of all convicted persons, as well as persons in custody in the pre-trial detention center of the Russian Federal Penitentiary Service, to trial for personal security is guaranteed by the penitentiary institutions of the Russian Federal Penitentiary Service, and this right is ensured by the following imperatives: 1). Article 13 of the Law of the Russian Federation of July 21, 1993 No. 5473-I "On Institutions and Bodies Executing Criminal Sentences of Imprisonment"; 2). Article 19 of the Federal Law of July 15, 1995 No. 103-FL "On the Detention of Suspects and Accused of Committing Crimes". The article analyzes legal scientific literature on the expression of various opinions of researchers regarding the personal safety of juvenile convicts in prison. The author completely agreed with many of the stated points of theoretical researchers, and at the same time formulating the following proposition. The author, in turn, determines that the problem of personal security of juvenile convicts in places of deprivation of liberty is also of great importance for the relations that are taking shape in the Russian penal system as a whole. This is due to the fact that punishment always involves the restriction of the rights and freedoms of persons who committed crimes in the educational colonies of the Federal Penitentiary Service of Russia, and, as a result, the special nature of the relationship between the staff of the penitentiary institutions of the Federal Penitentiary Service of Russia and convicts. So, the urgency of the problem today is, first of all, ensuring personal security, as well as the constitutional rights and legitimate interests of juvenile convicts in the investigation of crimes committed in the institutions of the Federal Penitentiary Service of Russia, is also manifested in the fact that depriving citizens of their freedom, the state agrees to comply their legal status, to protect the life and health of the convict. It should be noted that the concentration of persons who committed crimes in prisons, a significant proportion of which are grave and especially grave, as well as a number of other reasons entail a real threat of new crimes committed by prisoners of various nature and degree of public danger. In this regard, there is the possibility of unlawful influence on juvenile convicts who are participants in the criminal process in the framework of a case instituted on the fact of committing a crime in the institution of the Russian penal system. As a result, the author’s concept is formulated - “Ensuring personal security, rights and legal interests of juvenile convicts”. This material presented in the article does not contain information (information) related to state secrets of the Russian Federation.

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