Actual Problems of the Development of the Regulatory Framework for Digitalization

Author(s):  
Evgeniy V. Rozhkov

The article examines the Russian experience of the transformation of the modern economy. The widespread introduction of digitalization is ahead of the existing regulatory framework in this area. For the most part, all digital platforms through which payments take place or some kind of transactions and transactions take place belong to foreign companies or companies whose headquarters are located abroad, and, consequently, taxes are paid abroad. This indicates a lag in the formation of not only the tax base in accordance with today’s demands of the modern economy, but also the entire regulatory framework in the field of digitalization in our country. In 2019, the Digital Economy program and the signed decree of the Government of the Russian Federation “On state support for leading companies in the development of products, services and platform solutions based on end–to-end digital technologies” were approved. The author of the article assesses the possibility of implementing the features of the application of the provisions of the Federal Law “On experimental legal regimes in the field of digital innovations in the Russian Federation” in the direction of “provision of state and municipal services and implementation of state control (supervision) and municipal control, the exercise of other powers and functions by state and local self-government bodies” on the example of the Perm Region.

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.


2021 ◽  
Vol 66 (6) ◽  
pp. 111-115
Author(s):  
O. Kochetkov ◽  
V. Klochkov ◽  
A. Samoylov ◽  
N. Shandala

Purpose: Harmonization of the Russian Federation legislation with current international recommendations Results: The concept of the radiation safety system has been significantly modified by recommendations of ICRP (2007) and IAEA (2014). An analysis of existing international regulatory framework for radiation safety allowed to identify the main provisions to be implemented in the Russian legal and regulatory framework. It’s showed that the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population» must be ultimately revised to be harmonized with international documents. General approaches to legal regulation of radiation safety should be essentially modified to create a strong relationship between this law and other regulatory and legal documents in force in the Russian Federation. Conclusion: An article-by-article analysis of the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population « showed the need to modify 22 existing articles and add 12 new articles in order to harmonize it with international documents. Given such a large volume of modification it is advisable to pass a new law with simultaneous abolition of the current federal law. A new name has been proposed: Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation». The enactment of the Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation» with the main by-laws approved by the Russian Federation Government – «Radiation Safety Standards» and «Basic Rules for Ensuring Radiation Safety» – will allow to establish an actual regulatory framework for ensuring radiation safety of personnel and population in Russia.


2021 ◽  
Vol 95 (2) ◽  
pp. 86-102
Author(s):  
E. A. Kranzeeva ◽  
◽  
E. V. Golovatskiy ◽  
A. V. Orlova ◽  
N. V. Nyatina ◽  
...  

The article deals with social and political interactions between the population and the authorities. Modern conditions have transferred a significant part of interactions into a virtual environment, which forms new reactive forms of communication between the authorities and the population. The innovative processes taking place in the regions should reflect not only the institutionally set priority directions of development, but also the interests and requests initiated by the local population, and this enhances the reactive nature of interaction. The purpose of the article is to analyze the reactivity of social and political interactions between the authorities and the population in the context of the innovative development of regions (federal districts) of the Russian Federation. The authors analyzed two digital platforms: the Russian Public Initiative (www.roi.ru) and Change.org (www.change.org). They highlighted the topical thematic areas of social initiatives and political petitions in the federal districts and outlined the transformation of social and political interactions in the formation of directions for the implementation of open innovations in the regions of the Russian Federation. As a result of the study, the authors came to the conclusion about the coincidence of the topics of the population's requests and the implemented purposeful state strategic project activities, expressed in national projects. In the context of digitalization, the population builds socio-political interactions in the channels and communication tools set by the authorities, and also gets the opportunity to carry out parallel network and cloud communications, which make it possible to form new spaces for interaction with authorities in the country and specific regions. Civic activism and participation in innovation processes are demonstrated by: the growth of digital presence; participation of citizens in the network and «cloud» (including self-organizing) communities; formation of a network environment for discussion and methods of digital interaction with the government institutions in the regions.


2021 ◽  
Vol 2 (3) ◽  
pp. 41-48
Author(s):  
V. B. DZOBELOVA ◽  
◽  
A. E. SALAMOVA ◽  

The relevance of the topic is largely due to the development of the country's tax base and the expansion of the geography of the special tax regime of the NAP. The main aspects of the functioning described in the work help to assess the advantages and disadvantages of the tax for self-employed persons. The purpose of the study is to reflect the trend in the development of a special tax regime for self-employed citizens in the Russian Federation. In connection with the purpose of the study, the following tasks were solved: to reveal the essence of the “self-employed population”, to characterize the main provisions of the special tax regime of the NAP, to consider the statistics of the number of self-employed persons in the Russian Federation, to identify the specifics of the tax regime for the self-employed population. The subject of the research is the special tax regime "Tax on professional income". The object of the research is the regulatory framework, as well as statistical data submitted by individuals to the Federal Tax Service on the implementation of activities to provide services to other individuals for personal, household and (or) other needs.As part of this research article explores the concept of "self-employed" citizens and trends in the use of special tax regime for the self-employed population in Russia according to the Federal Law from 27.11.2018 No. 422 «On the experiment of establishing a special tax regime "Tax on professional income"». The positive and negative aspects of the functioning of the tax regime are identified and the dynamics of the implementation of the law is studied.


Author(s):  
Василий Алексеевич Рудаев

В статье анализируются правовые и организационные аспекты профилактики побегов из колоний-поселений. Автор акцентирует внимание на недостатках и трудностях в обеспечении контроля и надзора за осужденными-поселенцами. Это связано с тем, что нормы пенитенциарного законодательства наделяют осужденных значительным объемом льгот в период отбывания наказания в колониях-поселениях. Отсутствие вооруженной охраны, наличный оборот денежных средств, свобода передвижения по территории колонии, использование труда осужденных на отдельных объектах в пределах субъекта Российской Федерации по месту дислокации учреждения обуславливают невозможность обеспечения должного надзора. В указанных условиях традиционные формы надзора и контроля мало результативны. Автор аргументирует эффективность использования инновационных технических средств контроля и надзора за осужденными, содержащимися в колониях-поселениях, для профилактики побегов. Однако данный вид контроля невозможно осуществлять без внесения изменений в законодательство. На основании изучения нормативной базы, регламентирующей индивидуальную профилактику правонарушений в пенитенциарных учреждениях, а также рекомендаций практических работников, автор делает вывод, что действующие нормы не отвечает современным реалиям. Автор обосновывает расширение круга подучетных лиц, с одновременным увеличением юридического значения профилактического учета посредством закрепления возможности использования технических средств контроля и надзора за ними. The article analyzes the legal and organizational aspects of the prevention of escapes from the settlement colonies. The author focuses on the shortcomings and difficulties in the government of control and supervision over convicted settlers. This is due to the fact that the norms of the penitentiary legislation endow convicts with a significant amount of benefits during the period of serving their sentences in settlement colonies. The lack of armed guards, cash circulation of funds, freedom of movement across the territory, the use of convicts' labor at certain facilities of the constituent entity of the Russian Federation at the location of the institution make it impossible to ensure proper supervision. Under these conditions, the forms of supervision and control are not very effective. The author argues the effectiveness of the use of innovative technical means of control and supervision over convicts held in settlement colonies for the prevention of escapes. However, this type of control cannot be carried out without amending the legislation. Based on the regulatory framework governing the individual prevention of offenses in penitentiary institutions, as well as the recommendations of practitioners, the author concludes that the current application of the measure does not correspond to modern realities. Use of technical means of preventive control over them.


2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina

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.


Author(s):  
O. S. Maltseva ◽  
D. A. Shelukhin ◽  
K. V. Pshenisnov ◽  
Yu. S. Aleksandrovich ◽  
A. A. Redkokasha ◽  
...  

Relevance. The problem of organizing specialized medical care in emergency forms for children is caused by three groups of reasons: the presence at the junction of several adult and pediatric medical specialties, the medical and geographical features of the country and the lack of a unified regulatory framework.Intention. To increase the availability of medical services and reduce regional inequality in their distribution. A model of organizing a single operational service of specialized medical care for children and the basic principles of its functioning on the territory of the Russian Federation are proposed.Methodology. Statistical data, features of legislation, ways of solving the problem in certain regions and the achievements of initiative groups of specialists are analyzed.Results and Discussion. Since 2000, the number of hospital beds for children, the number of emergency medical stations has decreased, and the number of diseases and conditions requiring specialized emergency care for children has increased. Infant mortality rates in remote and hard-to-reach regions exceed the national average by 1.5–2.6 times. At the same time, the current statistics of medical evacuations of children are not accurately reflected in any of the official sources. The regulatory framework for medical evacuation of children includes three “ Procedures for providing medical care “in the profile “ambulance”, “neonatology” and “obstetrics and gynecology” and Federal Law N 323. The law implies the presence of mobile teams in hospitals and departments of different profiles that are not related to each other, but there is no structure that unites them and analyzes the results of work at the federal level.Conclusion. To solve the problem, it is necessary to create a federal operational service and a “hotline” that can be contacted by any resident of the country, to form a federal medical register of critical conditions in children, to develop and implement common principles of diagnosis and treatment. The presented model and principles contribute to the development of a three-level system of emergency medical care and correspond to the goals and objectives of the Ministry of Health of the Russian Federation set out in Letter N 14-3/n/2-2339 of 20.03.2019.


Author(s):  
S. V. Gautier ◽  
S. M. Khomyakov

Aim. To carry out the analysis of enforcement of regulatory legal acts in transplantological practice, to specify the existing gaps and collisions in them, and to offer approaches for its elimination. Materials and methods. The legislation of the Russian Federation in the fi eld of donation and organ transplantation and(or) tissues (an information law system «Garant»). Archive of addresses to the chief transplantologist of the Russian Ministry of Healthcare concerning application of certain precepts of law in transplantology since 2009 till present. Results. Legislative and subordinate acts relating to the area of donation and organ transplantation and(or) tissues are studied; addresses to transplantologies regarding application of certain law precepts are analyzed. Conclusion. Legislative and subordinate acts in force in the fi eld of donation and organ transplantation and(or) tissues contain gaps and collisions which interfere with the work and development of the industry. With respect thereto, it is reasonable to make amendments eliminating legal defects to a number of regulatory legal acts: to the Federal law No. 323-FZ, to the Act of the Russian Federation No. 4180-I, to the Resolutions of the Government of the Russian Federation No. 291 and No. 294, to the Orders of the Ministry of Healthcare of the Russian Federation No. 567n, No. 307n/4, No. 355n. 


Author(s):  
A. I. Chuchaev ◽  
S. V. Malikov

The paper describes the existing in Russia regulatory legal responsibility for causing harm by a highly automated (unmanned) vehicle (BTS). The most significant documents currently include: Convention on Road Traffic; Road Safety Strategy in the Russian Federation; «Roadmap» to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technology Initiative for the «Avtonet». The main attention is given to the order of the Government of the Russian Federation, in which the first approaches to the regulation of the operation of highly automated vehicles are indicated, the actors responsible for the case of damage by the drone are highlighted. The principles of the functioning of the BTS and the degree of their autonomy are shown in general terms. The authors analyze the approaches in the domestic criminal law to the responsibility of persons managing BTS and the approaches developed in foreign countries in relation to the regulation of the operation of highly automated vehicles. The main approaches to the definition of a criminal law prohibition are indicated and the most important algorithms of criminalization of the considered act are highlighted. The structure of the federal law on the regulation of the use of vehicles equipped with an automatic control system in the territory of the Russian Federation is proposed.


2021 ◽  
pp. 32-36
Author(s):  
A.Yu. Zakurdaeva ◽  
◽  
L.I. Dezhurny ◽  
A.A. Kolodkin ◽  
◽  
...  

In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.


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