scholarly journals Features Personal Constitutional and Legal Responsibility of the Russian Government Officials

2018 ◽  
pp. 12-15
Keyword(s):  
Russian Federation ◽  
Personal Responsibility ◽  
Executive Branch ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Government Officials ◽  
Russian Government ◽  
Leading Position ◽  
The Russian Federation ◽  
The Government

This paper deals with one of the key concepts – that components of the constitutional and legal responsibility – the personal responsibility of government officials. The author considers domestic and foreign research on the content of the concept of personal responsibility. On the basis of their analysis, on the example of the legislation of the Russian Federation, the author reveals some features of personal responsibility of officials of the Government of the Russian Federation, analyzes the problem aspects of its legal regulation and implementation. The author touches on the problems associated with the absence of a specific legal mechanism for the implementation of constitutional and legal responsibility between the Government of the Russian Federation and the Federal Assembly, as a result of which there are no clear levers of influence on officials of the Government of the Russian Federation. The author believes that the President of the Russian Federation has a leading position regarding the personal responsibility of officials of the Government of the Russian Federation, thereby accentuating his dominant position in the sphere of influence on the executive branch. The author formulates the conclusion that the personal constitutional and legal responsibility of officials of the Government of the Russian Federation is a sufficiently large, but little understood concept that does not have sufficient legislative regulation that allows them to perform their duties in a clear manner.

scholarly journals The constitutional conflict about confidence to the Government of the Russian Federation in the context of constitutional reform 2020

2021 ◽  
Vol 5 (2) ◽  
pp. 159-169
Author(s):  
I. A. Tretyak
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
Constitutional Reform ◽  
Russian Government ◽  
Scientific Methods ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government

The subject. The article is devoted to constitutional conflict about distrust to the Government of the Russian Federation and constitutional norms that regulated such conflict and were changed during the constitutional reform in 2020. The author analyzes such transformation in legal regulation and try to find causes for this changes. And also the author provides a constitutional-conflict diagnostic of new constitutional norms to identify conflictogens.Purposes of the paper are to find a legal reasons for transformation of constitutional norms about distrust to the Russian Government and to prevent an appearance in future long term of serious constitutional conflict by finding its conflictogens.The methodology of the study includes a new methodology of a constitutional legal science – constitutional-conflict diagnostic. The constitutional-conflict diagnostic is a system of consistently applied scientific methods, legal principles and presumptions aimed at obtaining information about the constitutional conflict and the constitutional-legal methods of its prevention and resolution. The constitutional-conflict diagnostic includes group of methods: dialectical and systemic methods, as well as structural and functional method; a group of private-scientific methods (historical, methods of formal logic: analysis, comparison). The formal-legal, comparative legal methods and a method of modeling of legal consequences are also used.The main results and scope of their application. The constitutional reform of 2020 year complicated the procedure for resolving the constitutional conflict of trust to the government and introduced a subject-status misbalance in part 4 of Article 117 of the Russian Constitution, expressed in the unmotivated and unjustified possibility of the president to had no activities for resolving such conflict.Legal modeling of the simultaneous implementation of the provisions of parts 3 and 4 of Article 117 of the Russian Constitution revealed the possibility of alternating procedures for expressing trust and denying in confidence to the government, which was absent before the constitutional reform.From a formal legal point of view and a conflictological approach, the amendments to Part 4 of Article 117 of the Constitution of the Russian Federation cannot be explained, and they are a certain «opportunistic maneuver» to the Russian Parliament.

scholarly journals Prospects for Improving Responsibility of the Government of the Russian Federation before the Parliament of the Russian Federation under Constitutional Law

2021 ◽  
Vol 16 (6) ◽  
pp. 46-57
Author(s):  
A. O. Strelnikov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Responsibility ◽  
Russian Government ◽  
Improvement Measures ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Government ◽  
The Right

The paper is devoted to the study of the institution of constitutional and legal responsibility of the Government before the Parliament in Russia at the present time. In connection with the implementation of the Constitutional Reform in 2020, the author notes that the legislator has taken the path of strengthening the role and importance of the Parliament in terms of monitoring the activities of the Government. Nevertheless, the main drawback of the current legislation is still the lack of real sanctions that the Russian Parliament can apply independently in relation to the Russian Government or its individual members. Therefore, the author proposes a number of new sanctions, as well as a number of measures aimed at improving the existing mechanisms for applying sanctions of constitutional responsibility. In particular, it is proposed to introduce the right of the State Duma of the Russian Federation to present its own nominees for vacant positions in the Government, the approval of which is under the authority of the State Duma of the Russian Federation, to enable the State Duma to independently release individual members of the Government from positions approved by it. In addition, it is proposed to improve the procedure for expressing a vote of no confidence in the Government by the State Duma, namely, to introduce the obligation of the President of the Russian Federation to dismiss the Government of the Russian Federation in the event that the State Duma re-expresses no confidence in the Government within three months. It is also proposed to increase the role of the Council of Federation of the Russian Federation by introducing the power of this body not only to consult with the President of the Russian Federation, but to approve the corresponding candidacies of federal ministers proposed to this body by the President of the Russian Federation. The author notes that the proposed improvement measures will increase the effectiveness of the implementation of a number of federal laws regulating the parliamentary responsibility of the Government of the Russian Federation.

scholarly journals Constitutional and Legal Regulation of the Powers of the President of the Russian Federation in Formation of the Government of the Russian Federation

2018 ◽  
pp. 41-49
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Executive Branch ◽  
Legal Regulation ◽  
Typical Feature ◽  
Transitional State ◽  
Head Of State ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
The Government

The article reveals the main features of the constitutional legal status of the President of the Russian Federation in the context of mixed parliamentary and presidential form of government. The researcher explores some directions of the President’s participation in formation of the Government such as the appointment of the Chairman of the Government by the President with the consent of the State Duma; Presidents’s approval of the governmental structure including relevant federal ministries on the proposal of the Chairman of the Government; personal appointment of the Deputy Prime Minister and the Federal Ministers by the President on the proposal of the Chairman of the Government. Special attention is paid to the fact that of legalistic and factual dominance of the President in each of these directions. Also it is proved that certain provisions of the RF Constitution and Federal constitutional law «On the Government of the Russian Federation» do not fully correlate with the norms of presidential decrees in determining the structure and composition of the Government, which increases the degree of the official discretion of the President. The author stresses the role of the President in formation of the Government as one of the conditions for recognizing his technical and actual status as the head of state and the head of the executive branch of the Russian Federation and who has strong powers against other state bodies under a weak party-parliamentary system. This is a typical feature of a transitional state.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

PROBLEMS OF LEGAL REGULATION OF CRIMINAL RESPONSIBILITY FOR TRANSPORT SECURITY REQUIREMENTS VIOLATION

2018 ◽  
pp. 58-68
Author(s):  
L.Y. Larina
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Security Requirements ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Structure ◽  
The Individual

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

Remuneration of Support Staff of the Organization of Higher Education: Problems and Solutions

10.12737/8128 ◽  
2015 ◽  
Vol 4 (1) ◽  
pp. 36-46
Author(s):  
Поповская ◽  
M. Popovskaya
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Research Work ◽  
Legal Regulation ◽  
Support Staff ◽  
Educational Process ◽  
Gradual Improvement ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Government

The article is based on the results of research work of the Financial University under the Government of the Russian Federation “Improving the regulation of labor and the organization of new approaches to the organization of labour processes and the remuneration of certain categories of employees in higher education”, fi nanced by budget funds for State job in 2014. The article analyzes the legal regulation of improving remuneration of support staff , including from the standpoint of personnel management system, assessment of the role and importance of this category of workers working in the educational process; discusses possible approaches to remuneration of support staff to meet the requirements of the legislation of the Russian Federation, including the policy objectives for improving the system of remuneration in the budgetary organizations, as set out in the Order of the Government of the Russian Federation of 26.11.2012, № 2190«On Approval of the gradual improvement of the system wages in the state (municipal) institutions for 2012–2018». The article also provides an analysis of the main problems in the existing institutions of higher education in pay systems, off ers a practical solution for the formation conditions of remuneration of support staff and the positioning of functional processes, which employ this category of personnel in connection with the performance of tasks to ensure the increase the quality of the educational process in the organization of higher education.

scholarly journals The Fundamentals of Determining the Rental Charge for the State-Owned Real Estate in the Russian Federation

Legal Concept ◽  
2021 ◽  
pp. 94-98
Author(s):  
Ekaterina Vavilova ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Significant Proportion ◽  
State Ownership ◽  
The State ◽  
Russian Government ◽  
Basic Principles ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The Government

Introduction: the paper discusses the study of the basic principles and methods of determining rental rates for the use of land owned by the state and municipal authorities. Despite the increasing trend of the privatization of state-owned land, its significant proportion is still under the state ownership. In this regard, a significant share of court proceedings in the Arbitration courts falls precisely on those disputes that relate to the determination of the procedure for establishing the rent of state-owned real estate in Russia. In this regard, the author set the goal – to study the problem of establishing the amount of the rent for the land held by tenants for housing after bringing into force Resolution of the Government of the Russian Government No. 582 of July 16, 2009 “On the basic principles of determining the rent for leases of land plots in the state or municipal ownership, and on the Rules for determining the amount of rent and the order of the conditions and terms of payment of rent for land in the ownership of the Russian Federation” (hereinafter – “Resolution No. 582”). Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main one is the comparative law method, as well as the methods of systematization and analysis. Results: the author’s position grounded in the work is based on the analysis of the legislation and the opinions of the scientists expressed in the competent scientific community on the issue of establishing the basic rates for renting the state real estate. Conclusions: as a result of the study, the main principles of determining the rates for renting the state-owned real estate, as well as the procedure for determining them, were analyzed. It was established that the amount of rent for land plots that were provided to tenants for housing construction after the entry into force of Resolution No. 582 should not exceed 2 % of the cadastral value of such real estate.

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