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.

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.

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.

scholarly journals Concerning certain issues of legal regulation, goal-setting, management and work of the bank of Russia

2019 ◽  
pp. 66-80
Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov
Keyword(s):  
Central Bank ◽  
Goal Setting ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
State Governance ◽  
The Russian Federation ◽  
Federal Laws ◽  
Working Out ◽  
Reserve System

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

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.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

Occupational Standards in Russia: Point of No Return Is Crossed

2016 ◽  
Vol 5 (3) ◽  
pp. 26-31
Author(s):  
Лебедев ◽  
V. Lebedev
Keyword(s):  
Human Resources ◽  
Russian Federation ◽  
Professional Standards ◽  
Federal Law ◽  
Independent Evaluation ◽  
Point Of No Return ◽  
The Russian Federation ◽  
Federal Laws ◽  
Occupational Standards ◽  
Legal Forms

The article considers the stages of development of human resources policy, carried out the analysis of the amendments made to the Labour Code of the Russian Federation, of the professional standards; considers the main provisions of the federal laws “On the independent evaluation of the qualification”, “On Amendments to Part Two of the Tax Code of the Russian Federation in connection with adoption of the Federal Law” On the independent evaluation of the qualification”, “On Making Amendments to the Labor Code of Russian Federation in connection with adoption of the Federal law “On the independent evaluation of the qualification”, that shall enter into force on 1 January 2017. The author offers to specify the legislator proposed initiatives, in particular on the organizational and legal forms and requirements to the personal composition of the evaluation centers.

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 Important Legislative Initiative (Draft Bill “On Amending the Federal Law ‘On Legal Deposit Copy of Documents’”)

2015 ◽  
pp. 17-20 ◽  
Author(s):  
Nikolai A. Sakharov
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Electronic Copy ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Federal Laws ◽  
Draft Bill ◽  
The One

There is reviewed the Draft Bill, prepared by the Ministry of Culture of the Russian Federation, providing for introduction into the one of the basic Federal laws in the field of librarianship “On Legal Deposit Copy of Documents” the concept of “Electronic Copy of Printed Publications”, relating to the types of documents included into the Legal Deposit Copy. Special attention is paid to the proposal to significantly reduce the number of the hard copies of legal deposit publications to be sent to the largest libraries of the Russian Federation and other organizations.

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.

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