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.

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 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.

SPECIFIC FEATURES OF THE RUSSIAN PENAL SERVICE IN ACCORDANCE WITH THE FEDERAL LAW № 197

2020 ◽  
pp. 140-144
Author(s):  
Дмитрий Эдуардович Марченко ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Social Protection ◽  
Financial Economic ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
Criminal Penalties ◽  
The Law

В статье изучаются особенности прохождения службы сотрудниками уголовно-исполнительной системы в соответствии с Федеральным законом от 19.07.2018 № 197-ФЗ «О службе в уголовно-исполнительной системе Российской Федерации и о внесении изменений в Закон Российской Федерации "Об учреждениях и органах, исполняющих уголовные наказания в виде лишения свободы"». Авторами исследуются принципы прохождения службы в уголовно-исполнительной системе, положения, благодаря которым реализуются данные принципы, а также нормы, касающиеся правового статуса сотрудника уголовно-исполнительной системы. В статье особое внимание уделяется ограничениям и запретам, связанным с принятием на службу. Подробно рассматривается понятие «контракт», особенности его заключения, продления и основания для прекращения его действия. Изучается такое понятие, как испытательный срок, выясняется, от чего зависит его продолжительность. Рассматриваются социальные гарантии сотрудников уголовно-исполнительной системы. В ходе исследования авторы приходят к выводу, что изучаемый закон устанавливает правовые, организационные и финансово-экономические начала прохождения службы в уголовно-исполнительной системе, а также определяет правоотношения, которые возникают при поступлении граждан Российской Федерации на службу в УИС, и гарантии социальной защиты сотрудников УИС. In the article, the authors study the features of service by employees of the criminal Executive system in accordance with the Federal law of 19.07.2018, no. 197-ФЗ «On service in the penitentiary system of the Russian Federation and on introducing amendments to Russian Federation Law "On institutions and bodies executing criminal penalties of imprisonment"». The authors study the principles of service in the criminal Executive system, as well as study the provisions by which these principles are implemented. The norms concerning the legal status of an employee of the criminal Executive system are being studied. In the article special attention is paid to the limitations and prohibitions associated with the adoption of the service. The concept of a «contract» is considered in detail, as well as the specifics of its conclusion, extension, and grounds for termination. The authors study such a concept as a probation period, and find out what determines its duration. Social guarantees of employees of the criminal Executive system are considered. In this study, the authors conclude that the study of the law establishes the legal, organizational and financial-economic start of the service in criminally-Executive system, and also determines such legal relations that arise when the citizens of the Russian Federation entered the service in the penal system, consequently become employees of the UIS and receive guarantees of social protection.

SPECIAL ORDER OF JUVENILE FAMILY RIGHTS PROTECTION: THEORY AND RESEARCH ASPECTS

2017 ◽  
Vol 21 (4) ◽  
pp. 165-170
Author(s):  
Е. V. Kaymakova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Family Relations ◽  
Federal Law ◽  
Rights Protection ◽  
The Family ◽  
The Russian Federation ◽  
The Right ◽  
Family Code ◽  
Special Order

The article describes theory and research aspects of special order of juvenile family rights protection on the basis of existing family legislation. A key problem in this sphere is child's special legal status in family relations. Every child acts as a subject of these relations and has the right to protect the rights independently in all ways provided not only according to the Family code of the Russian Federation (further - the IC RF) but also using different ways specified in other laws. Traditionally there are two main forms of juvenile protection - jurisdictional and not jurisdictional. The main form of juvenile protection is jurisdictional: general (or judicial) and special (or administrative) protection acts. The author analyzed standards of the Family code of the Russian Federation and the Civil Code of the Russian Federation, the Federal law "About children’s welfare", the Federal law "About Prosecutor's Office of the Russian Federation", the Decree of the President "About children’s rights ombudsman of the Russian Federation ". The author also studies scientific works of the leading Russian scientists in the field of family law. During the research the author draws a conclusion that administrative protection of juvenile family rights in the Russian Federation has legislative solution. At the same time, it is necessary to recognize that achievement of native law and order is the right for judicial protection proclaimed by the Constitution of the Russian Federation in 1993. It states the availability of justice to any person and restriction inadmissibility to appeal to the court.

scholarly journals Analysis of the project “On amendments to certain legislative acts of the Russian Federation to provide the victim, suspect, accused with the possibility of reconciliation”

2020 ◽  
Vol 14 (3) ◽  
pp. 362-367
Author(s):  
N.V. Mashinskaya ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Alternative Methods ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Right

The problem of legislative regulation of the procedure for reconciliation of the victim with the suspected, the accused until a certain time was only a subject of discussion in the scientific literature. At the same time the state’s need to find measures that can eliminate the consequences of crimes without the use of ordinary criminal procedures has actualized the work on introducing alternative methods of settling the criminal-legal conflict into criminal proceedings. Given the urgent need to apply this procedure in practice, the Interregional Public Center “Judicial and Legal Reform” has developed and posted on its website a draft federal law “On Amendments to Certain Legislative Acts of the Russian Federation to Provide the Victim, Suspect, and Accused with the Possibility of Reconciliation.” To implement the procedure for reconciliation in criminal proceedings, the drafters of the bill propose to include a new chapter in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Criminal Procedure Code of the Russian Federation). The author of the article critically evaluates the attempt due to the inconsistency of a number of novels, their uncertainty and inconsistency with the norms of the criminal procedure law. To eliminate the existing shortcomings, it is proposed to provide a separate article defining the procedural status of the conciliator and to include the specified rule in Ch. 8 of the Criminal Procedure Code of the Russian Federation. As a guarantee of the right of the victim, suspect, accused to reconciliation, the introduction of an appropriate addition to the criminal procedure norms governing the legal status of the named participants in criminal proceedings is considered.

scholarly journals PREVENTION OF OFFENSES AMONG PERSONS HELD IN CORRECTIONAL INSTITUTIONS AS A MEASURE TO ENSURE THE PERSONAL SAFETY OF CONVICTED PERSONS

2021 ◽  
Vol 38 (2) ◽  
pp. 135-139
Author(s):  
O.V. Pronina ◽  
Keyword(s):  
Russian Federation ◽  
Positive Impact ◽  
Penal System ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Personal Safety ◽  
Law And Order ◽  
The Russian Federation ◽  
The Concept Of Law ◽  
Concept Of Law

The article considers the concept of "law and order in a correctional institution". The connection of the concept of "law and order" with the concept of "personal security of convicts"is analyzed. The author proposed changes and additions to the Instructions for the Prevention of Offenses among persons held in institutions of the penal system «approved by the order of the Ministry of Justice of the Russian Federation of May 20, 2013. No. 72, which, in his opinion, will have a positive impact on the measures for the prevention of offenses in correctional institutions carried out by employees of the penitentiary system in order to ensure an appropriate level of law and order and ensure the personal safety of convicts.

scholarly journals LEGAL STATUS OF EMPLOYEES OF THE CRIMINAL EXECUTIVE SYSTEM OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (2(52)) ◽  
pp. 113-116
Author(s):  
Natalia Evgenievna Kuznetsova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Penal System ◽  
The Status ◽  
The Russian Federation ◽  
Executive System

The purpose of the study is devoted to the actual problems of the status of employees of the penal system. The paper identifies the problems of determining the status of employees of the penal system, and also suggests some methods and mechanisms for solving these problems.

scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

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