scholarly journals Problematic issues of granting subsidies to business entities: Russian experience

2018 ◽  
Vol 2 (3) ◽  
pp. 52-63
Author(s):  
Y. Gerasimenko ◽  
A. Syntin
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Research ◽  
Public Authorities ◽  
Abuse Of Power ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject of the paper is Russian the legal framework and law enforcement practice con-cerning granting subsidies to business entities.The purpose of the paper is to identify the legal problems of state support for small and medium – sized businesses by granting subsidies.The methodology of paper includes the formal logical interpretation of Russian legislation, systematization of the court practice concerning application of art. 15.15.5 (pt. 2) Code of Administrative Offences of the Russian Federation and other regulations.The main results and scope of their application. The legal basis of providing subsidies is characterized. The business support programs in Russia are analyzed. The author's ap-proach to the distinction between the concepts of "terms of granting subsidies”, “terms established when granting subsidies" and the "terms of using subsidies" is substantiated. The valid and invalid conditions for the granting of subsidies as well as the reasons for their return are proven. The results of research may be used as the basis of correction of Russian and foreign legislation concerning granting subsidies to business entities as well as step in future legal research in this sphere.Conclusions. Public authorities and local governments do not take into account differences between the terms "conditions for granting subsidies" and "conditions for the use of subsi-dies", unreasonably apply civil law norms to the rules for granting subsidies. Regional au-thorities do not effectively use the legal opportunities provided to them by the Federal leg-islator, as well as often allow the abuse of power.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

scholarly journals Organizational and legal framework for the functioning of the National Police investigation units

2021 ◽  
Vol 10 (45) ◽  
pp. 120-130
Author(s):  
Maksym Romanov ◽  
Viktor Vasylynchuk ◽  
Dymytrii Grytsyshen ◽  
Oksana Melnyk ◽  
Denys Denysiuk
Keyword(s):  
Law Enforcement ◽  
Practical Implication ◽  
General Structure ◽  
Legal Framework ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Police Investigation ◽  
General Scientific ◽  
The Subject ◽  
National Police

The purpose of the article is a scientific interpretation of the concept, essence and general structure of the organizational and legal framework for the functioning of inquiry units of the National Police of Ukraine and their regulatory support. The subject of the study is the organizational and legal basis for the functioning of inquiry units of the National Police of Ukraine. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, logical, normative and dogmatic, logical and semantic, monographic, method of generalization. Research results. The analysis of approaches to understanding the concept and essence of organizational and legal framework for inquiry units of the National Police of Ukraine is carried out. The notion and significance of normative bases, which are focused on providing organizational and legal support for law enforcement agencies in general and inquiry units of the National Police of Ukraine, in particular, are outlined. Practical implication. The significance and elements of organizational and legal framework in the context of sustainable and stable functioning of inquiry units of the National Police of Ukraine are clarified. Value / originality. The problems are outlined and recommendations for their possible solution and improvement of the relevant institution are developed.

FEATURES OF THE IMPLEMENTATION AND DIRECTIONS OF DEVELOPMENT OF THE SYSTEM OF PATRIOTIC EDUCATION BY MEANS OF MILITARY AND PATRONAGE WORK

2021 ◽  
Vol 55 (3) ◽  
pp. 99-105
Author(s):  
V.S. Petrov ◽  
Keyword(s):  
Law Enforcement ◽  
Military Service ◽  
Legal Framework ◽  
Technical Training ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Patriotic Education ◽  
The Russian Federation ◽  
Definition Of ◽  
Key Aspects

The article is devoted to the problem of the implementation of patriotic education system in the Russian Federation and the main directions of its development. The author gives a definition of military and patronage work and draws readers' attention to the fact that it serves as the most effective tool in conducting patriotic activities. The article presents the main directions of military and patronage work and reveals the key aspects of their content. The article highlights promising trends in the development of the system of patriotic education aimed at improving the regulatory and legal framework of military and patronage work, the optimization of public authorities in this direction, strengthening the connection between civil institutions and law enforcement agencies. The article also considers the problematic issues encountered in the implementation of the system of patriotic education. The most acute of them are: the weak level of preparation of young people for military service due to the general deterioration of health and growth of pernicious habits; difficulties associated with the involvement of reserve servicemen in the organization and conduct of military-patriotic events; poor financing and insufficient normative provision of military-sponsorship work. However, the author points out the possibility of eliminating the above-mentioned problems in case of focusing efforts on the development of military-technical training of pre-conscription youth as well as active work on the popularization and propaganda of the glorious military traditions and heroic deeds of the older generations. Thus, the implementation of the key provisions of the system of patriotic education will ensure the increase of spirituality and patriotism level, reduce the number of negative social manifestations and allow us to strengthen the national security of the country as a whole. The article serves to deepen theoretical ideas about military and patronage work and its role in the system of patriotic upbringing, it is a reflection of practice and pedagogical experience of the author.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

LEGAL AND ORGANIZATIONAL PROBLEMS OF CONDUCTING COMPREHENSIVE COMMISSION INSPECTIONS OF PENAL FACILITIES ON THE SUBJECT OF ANTI-TERRORIST SECURITY STATE ASSESSMENT OF PENAL OBJECTS (TERRITORIES)

2021 ◽  
pp. 128-133
Author(s):  
Олег Игоревич Денисенко ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
State Assessment ◽  
The State ◽  
Organizational Level ◽  
Penal System ◽  
High Quality ◽  
The Subject ◽  
The Russian Federation ◽  
Qualitative Characteristics

В связи с увеличением числа преступлений террористической направленности разрешения требуют вопросы, связанные с обеспечением объектов (территорий) УИС инструментами антитеррористической защищенности, к которым можно отнести такие, как проведение организационно-практических мероприятий антитеррористической защиты объектов УИС, наличие соответствующей документации и ответственного должностного лица, выполнение режимных требований на объектах УИС в соответствии с законодательством РФ, а также обеспечение контроля за количественными и качественными характеристиками эксплуатируемых инженерно-технических средств охраны и надзора. Актуальность проводимого исследования обусловлена необходимостью качественной реализации в правоприменительной практике совокупности требований обеспечения мероприятий по обеспечению антитеррористической защищенности объектов (территорий) УИС с целью защиты прав и интересов всех субъектов уголовно-исполнительной системы от террористического посягательства. Авторами выявляются проблемы правового и организационного уровня при оценке состояния антитеррористической защищенности объектов УИС: формализм при проведении обследований, недостаточный уровень оснащенности объектов УИС инженерно-техническими средствами охраны и надзора, а также финансирования для удовлетворения нужд объектов УИС в части обеспечения антитеррористической защищенности. Помимо прочего упоминаются такие проблемы, как отсутствие унифицированных принципов организации деятельности комплексных комиссионных обследований, разработанных с учетом современных правоприменительных норм и запросов практики, а также обосновывается необходимость повышения компетентности сотрудников ФСИН России при проведении комплексных комиссионных обследований. In connection with the increase in the number of terrorist crimes, the resolution requires issues related to the provision of facilities (territories) of the penal system with anti-terrorist security tools, which include such as the implementation of organizational and practical measures for the anti-terrorist protection of the penal system, the availability of appropriate documentation and a responsible official, the implementation of regime requirements at the facilities of the penal system in accordance with the legislation of the Russian Federation, as well as ensuring control over the quantitative and qualitative characteristics of the operating engineering and technical means of protection and supervision. The relevance of the study is due to the fact that in law enforcement practice, a high-quality implementation of the set of requirements for ensuring the anti-terrorist protection of objects (territories) of the penal system is required so that the rights and interests of all subjects of the penal system in terms of protection from terrorist encroachment are observed. The authors identify the problems of the legal and organizational level when assessing the state of anti-terrorist security of penal facilities: formalism in conducting surveys, insufficient equipment of penal facilities with engineering and technical means of protection and supervision, as well as the level of funding to meet the needs of penal facilities in terms of ensuring anti-terrorist protection. Among other things, such problems as the lack of unified principles for organizing the activities of complex commission surveys, developed taking into account modern law enforcement norms and practice requests, are mentioned, as well as the need to improve the competence of employees of the Federal Penitentiary Service of Russia when conducting comprehensive commission surveys is substantiated.

scholarly journals Ethical Development of Artificial Amniotic Sac and Placenta Technology: A Roadmap

2021 ◽  
Vol 9 ◽  
Author(s):  
E. J. Verweij ◽  
Lien De Proost ◽  
Judith O. E. H. van Laar ◽  
Lily Frank ◽  
Sylvia A. Obermann-Borstn ◽  
...  
Keyword(s):  
Research Ethics ◽  
Stakeholder Engagement ◽  
Legal Framework ◽  
Value Sensitive Design ◽  
Ethical Development ◽  
Legal Research ◽  
Research Setting ◽  
The Status ◽  
The Subject ◽  
Study Participants

In this paper we present an initial roadmap for the ethical development and eventual implementation of artificial amniotic sac and placenta technology in clinical practice. We consider four elements of attention: (1) framing and societal dialogue; (2) value sensitive design, (3) research ethics and (4) ethical and legal research resulting in the development of an adequate moral and legal framework. Attention to all elements is a necessary requirement for ethically responsible development of this technology. The first element concerns the importance of framing and societal dialogue. This should involve all relevant stakeholders as well as the general public. We also identify the need to consider carefully the use of terminology and how this influences the understanding of the technology. Second, we elaborate on value sensitive design: the technology should be designed based upon the principles and values that emerge in the first step: societal dialogue. Third, research ethics deserves attention: for proceeding with first-in-human research with the technology, the process of recruiting and counseling eventual study participants and assuring their informed consent deserves careful attention. Fourth, ethical and legal research should concern the status of the subject in the AAPT. An eventual robust moral and legal framework for developing and implementing the technology in a research setting should combine all previous elements. With this roadmap, we emphasize the importance of stakeholder engagement throughout the process of developing and implementing the technology; this will contribute to ethically and responsibly innovating health care.

scholarly journals LEGAL BASIS OF INTERACTION OF BODIES AND DIVISIONS OF THE NATIONAL POLICE WITH LOCAL SELF GOVERNMENT BODIES IN THE FIELD OF PUBLIC SAFETY AND ORDER

2021 ◽  
Vol 1 (1) ◽  
pp. 80-94
Author(s):  
Sergiy Vitvitskyi ◽  
◽  
Andriу Zakharchenko ◽  
Keyword(s):  
Local Governments ◽  
Public Safety ◽  
The State ◽  
Legal Basis ◽  
The Subject ◽  
Mass Actions ◽  
Traffic Organization ◽  
National Police ◽  
And Control ◽  
Coordination And Control

The article analyzes the state of legislation as for provisions on the interaction of bodies and units of the National Police with local self governments in the field of public safety and order. The main directions of improving the legal basis of interaction of these bodies in this area are substantiated. One of the factors influencing the state of public safety and order in settlements is the degree of interaction of bodies and subdivisions of the National Police with local self-government bodies representing the respective territorial communities. According to the results of the study, the following areas of improvement of the legal basis for the interaction of bodies and units of the National Police with local self governments in the field of public safety and order were proposed: 1) standardization of the terms of cooperation of the specified bodies concerning maintenance of public safety and order in connection with the organization and carrying out of peaceful meetings and other mass actions; 2) consolidation of the recommended order of interaction between these bodies during the development and implementation of program documents on public safety and order; 3) determining the procedure for coordination by local self governments and the National Police in the field of coordination and control over the activities of public formations with regard of protection of public order and the state border; 4) legislative consolidation of the possibility of concluding agreements on interaction and coordination of activities by territorial police bodies and local self-government bodies; 5) determining the procedures for approval by territorial bodies (subdivisions) of the National Police of decisions of local self-government bodies on the issues of traffic organization and functioning of public transport. Separate elaboration requires regulatory regulation of relations arising in connection with the conduct of joint raids by representatives of local governments and the National Police and inspections of compliance with legislation in the field of landscaping, trade rules, etc. The search for optimal solutions to this problem should be the subject of further research.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

scholarly journals Comparative Law Analysis of Consumer Protection Law in E-Commerce Transaction Between Indonesia and United States

2021 ◽  
Vol 5 (2) ◽  
pp. 11-25
Author(s):  
Felix Pratama Tjipto
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Comparative Law ◽  
Legal Framework ◽  
Abuse Of Power ◽  
Online Transactions

Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. 

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