scholarly journals INSTITUTE OF PROBATION SERVICE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 384 (2) ◽  
pp. 205-215
Author(s):  
A.Y. Nesterov
Keyword(s):  
Russian Federation ◽  
Social Life ◽  
Legal Regulation ◽  
Social Adaptation ◽  
Russian Society ◽  
Criminal Punishment ◽  
Federal Law ◽  
Partial Restoration ◽  
Probation Service ◽  
The Russian Federation

In the article, based on the results of an empirical study, the development prospects of the probation service institute in the Russian Federation are presented. The probation service in Russia will focus on the development of juvenile probation in the Russian Federation, which will become the basis for ensuring the successful social adaptation of juvenile offenders in the post-prison period and their subsequent reintegration into modern Russian society. For the first time, the author of the article proposes the structure of the new Federal Law “On the Probation Service in the Russian Federation”. In the development and subsequent discussion in parliament of the Russian Federation of this bill, the author of the publication suggests paying attention to the section "The main activities of rehabilitation centers of the Federal Security Service of Russia". It is determined that the criminal-executive and criminal legislation in Russia as a whole establishes the principle of differentiating the appointment and execution of criminal punishment, especially for juvenile convicts serving criminal sentences in prisons. The problem of legal regulation of the activities of the organizations considered here is extremely acute today. The problem of legal regulation is associated with the post-prison adaptation of persons released from prison. Taking into account the experience of some foreign sovereign states of Asia and Europe, it is necessary to complete the work that has already begun and to adopt the Federal Law on Post-Prison - Social Adaptation of Persons Exempted from Criminal Punishment. The author also determined that penitentiary re-socialization of a convicted person is oriented towards full or partial restoration of social (life) skills, which allows a minor convicted person to reintegrate into society in the post-prison period, independently navigate the issues of obtaining a profession, employment, creating his own family, etc. A juvenile convict, while in prison, partially or completely loses family ties, loses contact with the outside world, friends, acquaintances, and even close relatives turn away from the teenager. But they are necessary for the teenager throughout the entire period of stay in places of deprivation of liberty, and especially after release from the colony in the first post-prison period. The author also proved that a teenager receives in prisons the necessary primary professional, cultural and aesthetic educational, social skills that will guide him in the process of social adaptation in one or another sphere of life. The material in this article does not contain information (information) relating to state secrets of the Russian Federation.

RUSSIAN SPECIFICS OF FORMATION AND REALIZATION OF STATE YOUTH POLICY

2015 ◽  
Vol 4 (1) ◽  
pp. 69-75 ◽  
Author(s):  
Меркулов ◽  
Pavel Merkulov ◽  
Орлова ◽  
Valentina Orlova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Regional Level ◽  
The Political ◽  
Russian Society ◽  
Objective Data ◽  
Federal Law ◽  
Youth Policy ◽  
The Russian Federation

The authors updated the problem of optimal integration of youth in social and political practice of Russian society. The article analyzes the political and legal aspects of the formation and implementation of state youth policy in Russia. Objective data of the regional level of legal regulation of state youth policy are provided. The author focuses on the issues of the development of the draft federal law "On state youth policy in the Russian Federation." The basic provisions are revealed, which, according to the authors, should be the basis of the concept of the draft law in modern Russia.

scholarly journals On the Draft Federal Law on Social and Cultural Adjustment and Integration of Foreign Citizens in the Russian Federation

2019 ◽  
pp. 29-34
Author(s):  
A. I. Ivanchak
Keyword(s):  
Social Integration ◽  
Host Country ◽  
Russian Federation ◽  
Cultural Adaptation ◽  
Cultural Adjustment ◽  
Legal Regulation ◽  
Social Adaptation ◽  
Successful Implementation ◽  
Federal Law ◽  
The Russian Federation

Introduction.The process of adaptation and integration of foreign citizens in the host country is of high importance to ensure the balance of interests of community members. Representatives of various branches of knowledge (philosophy, sociology, psychology, law, pedagogy, etc.) are engaged in its study. Today social adaptation and integration of migrants are in the zone of special attention of the Russian state since steady development of our society is dependent on successful implementation of such policies. In this article the author analyses certain provisions of the draft Federal Law “On Social and Cultural Adaptation and Integration of Foreign Citizens in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” prepared by the Federal Agency for Nationalities Affairs and submitted for public discussion.Materials and methods.The main research methods used hereinafter are theoretical analysis of the text of a regulatory act, analysis and synthesis of scientifc literature, methods of abstraction and induction, comparison and analogy as well as a formal logical method.The results of the study.An analysis of the content of the Draft Law made it possible to identify a number of provisions that seem to require adjustment. In particular, there is a need: - to clarify the defnition of the concepts of “social adaptation” and “social integration”; - to defne the concepts of “cultural adaptation” and “cultural integration” matching them with the concepts of “social adaptation” and social integration”; - to fnalise and systematise the list of measures set forth in the Draft Law as the conditions necessary for the success of the adaptation process and the integration of foreign citizens in the host country; - to adjust the terminology used by the legislator in relation to the activities carried out by the state. The author makes certain conclusions and provides due reasoning in the course of the analysis of the Draft Law provisions.Discussion and conclusion.Given the complexity of the process of adaptation and integration of migrants, its legal regulation is an extremely diffcult task for the legislator. At the same time such effor ts are vital as the lack of clarity of the legal norm, the ambiguity of the concepts used in the law often lead to a distorted interpretation and perception of the social phenomena.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

Harmonization of the Russian Federation Legislation with Current International Recommendations

2021 ◽  
Vol 66 (6) ◽  
pp. 111-115
Author(s):  
O. Kochetkov ◽  
V. Klochkov ◽  
A. Samoylov ◽  
N. Shandala
Keyword(s):  
Russian Federation ◽  
Radiation Safety ◽  
Strong Relationship ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Safety Standards ◽  
Legal Documents ◽  
Article Analysis ◽  
The Russian Federation

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.

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.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

scholarly journals Some aspects of legal regulation of medical secrecy in the Russian Federation

2018 ◽  
Vol 99 (3) ◽  
pp. 527-530
Author(s):  
G M Khamitova ◽  
D V Khamitova
Keyword(s):  
Russian Federation ◽  
Information Transfer ◽  
Legal Regulation ◽  
State Of Health ◽  
Federal Law ◽  
Medical Organization ◽  
Voluntary Consent ◽  
The Russian Federation ◽  
New Form ◽  
Close Relatives

Aim. To propose the development of a new form of informed voluntary consent, taking into account the legal regulation of medical secrecy. Methods. When performing the study, analytical method was used. The analysis of the mechanism of obtaining information about the patient was performed, including the study of a number of laws governing the transfer of information to the third parties without the patient's consent. Results. It was found that the patient's relatives can not be provided with information about the course of the disease and its treatment, unless the patient has previously signed a voluntary consent to transfer the information. The basis for such refusal is Article 13 of Federal Law No. 323-FZ issued on November 21, 2011 (as amended on July 29, 2017) «On the Fundamentals of Health protection of Citizens in the Russian Federation», which establishes the conditions under which information about patient's health can be transferred. This article examines the problem of violation in the field of disclosure of medical secrets, as well as the rights of patient's close relatives to obtain information about his or her state of health. The need to refine the mechanisms of obtaining information, which is a medical secret, is revealed and justified. Conclusion. Based on the review of laws regulating the procedure of information transfer, the authors propose the development of a new form of consent for disclosure of the patient's information about his state of health, which must necessarily be provided to the patient when contacting a medical organization, which in the future will significantly simplify the legal doctor-patient relationships.

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.

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