scholarly journals INFORMATIZATION IN SOCIAL SECURITY LAW

2020 ◽  
Vol 16 (4-2) ◽  
pp. 57-66
Author(s):  
Венера Сайфутдинова
Keyword(s):  
Law Enforcement ◽  
Social Security ◽  
Russian Federation ◽  
Dialectical Logic ◽  
Legal Norms ◽  
The Social ◽  
Social Code ◽  
The Russian Federation ◽  
The Creation ◽  
Complex Subject

The article is devoted to one of the most important problems - the digitalization of social security law. In theory of social security law, the issue of codification of this branch of law, the creation of the Social Code of the Russian Federation as a way of systematizing the norms of law is still being discussed. This codification is certainly a convenient and necessary way to combine legal norms in this area, including for the purpose of bringing information to citizens. Meanwhile, the law enforcement legislation is quite dynamic, has a diverse, complex subject composition, and is extensive in content, which makes it difficult to create a codified act in this area. Purpose: to analyze the problems of codification and development of digitalization of social security law. Methods: the author uses the methods of comparison, description, interpretation, formal and dialectical logic, interpretation of legal norms. Results: the XXI century dictates new requirements - the accessibility of information, which, in the author's opinion, is possible due to informatization processes that are rapidly entering the legislation of social security law.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals Theoretical, Legal and Organizational Foundations of Volunteer Activities in the Field of Social Adaptation of Individuals Sentenced to Non-Custodial Punishment in Russia

2021 ◽  
Vol 15 (3) ◽  
pp. 621-627
Author(s):  
Sergei L. Babayan ◽  
Nikolai V. Ol’khovik ◽  
Svetlana A. Fadeeva ◽  
Irina A. Lakina ◽  
Lidiya P. Pitkevich
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Social Adaptation ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Communicative Functions ◽  
Foreign Countries ◽  
The Social ◽  
The Russian Federation

Introduction: the article investigates theoretical, legal and organizational foundations for participation of volunteers in the social adaptation of individuals convicted to non-custodial punishments. Aim: we review theoretical, legal and organizational foundations of the work of volunteers in the field of execution of sentences in Russia and foreign countries and show the prospects for their participation in the social adaptation of individuals convicted without isolation from society in our country. Methods: comparative legal, empirical methods of description, interpretation, theoretical methods of formal and dialectical logic, private scientific methods: legal-dogmatic and method of interpretation of legal norms. Results: in the life of those convicted to non-custodial punishments, volunteerism performs mobilization, regulatory, stimulating, communicative functions, as well as the functions of socialization and self-affirmation. Conclusions: we propose to supplement the list of activities in respect of which the federal executive authorities, executive authorities of constituent entities of the Russian Federation, and local government bodies approve the procedure for interaction between state and municipal institutions and volunteers, with one more type of activity such as assistance in the work of institutions and bodies executing sentences, participation in the reformation of convicts and their social adaptation. We substantiate the proposals on assigning the state authorities of the Russian Federation, constituent entities of the Russian Federation, and local government bodies the obligation to provide organizational, informational, methodological and other support to the subjects of voluntary (volunteer) activities that promote the work of institutions and bodies executing sentences, to take into account the voluntary (volunteer) activity of the convicted person when determining the degree of their reformation, recognition of the active participation of the person convicted to non-custodial punishment in voluntary (volunteer) activities as the basis for applying incentive measures to such convicts.

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals On Modifications to the Constitution of the Russian Federation in 2020

2020 ◽  
Vol 8 (1) ◽  
pp. 60-83 ◽  
Author(s):  
Anna Shashkova ◽  
Michel Verlaine ◽  
Ekaterina Kudryashova
Keyword(s):  
Human Behavior ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Legal Norms ◽  
The People ◽  
The Social ◽  
The Russian Federation ◽  
Vladimir Putin

The present study investigates the amendments to the Constitution of the Russian Federation announced by the President of the Russian Federation Vladimir Putin during his annual speech addressed to the Federal Assembly on 15 January 2020. The research examines how the amendments may affect the social guarantees of the people of the Russian Federation, what role is dedicated to the bodies in the separation of powers, and why it is important to change the conditions for electing a candidate for Presidency. The approach is interdisciplinary and links Russian legal norms, applicable rules and human behavior. The main methods used in the research are analysis, comparative-legal, historical-legal and formal-legal methods. The study provides a legal and political picture of the context of modifications to the Constitution of the Russian Federation in 2020.

scholarly journals Digital Currency and Novelties in the Criminal Code of the Russian Federation: Topical Issues

2021 ◽  
Vol 15 (2) ◽  
pp. 381-386
Author(s):  
IRINA S. MOCHALKINA
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Digital Currency ◽  
The Russian Federation

Introduction: the article analyzes the concept and legal nature of digital currency and certainnoveltiesrelated to digital currency, which were put forward in the last few years so as to be introduced in the Criminal Code of the Russian Federation. Aims: to study and summarize legislative initiatives related to digital currency; to define the concept and essence of digital currency; to establish its place in the civil rights system; to analyze the possibility of recognizing digital currency as an object and (or) a means of committing crimes. Methods: historical, comparative-legal, empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; legal-dogmatic method, and interpretation of legal norms. Results: having analyzed the development of Russian legislation regulating the legal status of new digital objects of economic relations we see that the features that make up the general concept of digital currency do not allow us to determine the range of objects that fit this legislative definition; moreover, these features do not allow us to define digital currency as an object of civil rights and identify which operations and transactions with it are legal. Due to the above, it is impossible to establish criminal liability for committing acts involving digital currency. Conclusions: we have revealed certain tendencies toward legalization of digital currency on the one hand, and prevention of its use for payment for goods and services, including the imposition of criminal-legal prohibitions, on the other hand. The concept of digital currency needs to be revised: its definition should not contain a reference to the operator and the nodes of the information system. The most correct solution seems to be the introduction of the concept of cryptocurrency to denote a decentralized means of expressing value; as for digital currency, it should be understood as centralized funds, for example the digital ruble. Digital currency must be recognized as an object of civil rights, being classified as other property. This will help to minimize the difficulties in recognizing it as a subject or means of crime and introduce socially determined prohibitions into the criminal law. Keywords: digital currency; digital rights; cryptocurrency; amendments to the Criminal Code of the Russian Federation; novelties in the Criminal Code of the Russian Federation; crimes against property; crimes in the field of economic activity; theft

scholarly journals Modern technologies for the provision of governmental social services in the Moscow region

2018 ◽  
Vol 5 (3) ◽  
pp. 248-255
Author(s):  
A L Krivova ◽  
Z G Yazidzhyan
Keyword(s):  
Social Security ◽  
Social Services ◽  
Russian Federation ◽  
Public Services ◽  
Pension Fund ◽  
Government Services ◽  
The Social ◽  
Leading Position ◽  
The Russian Federation ◽  
Modern Technologies

The relevance of this article is due to the great demand for various government services, the leading position among which is occupied by the positions of the Pension Fund of the Russian Federation, as well as of the Social Security Authorities. In this regard, the current government seeks to facilitate this process by creating multifunctional centers for the provision of public services, as well as federal and regional portals of public services that allow people to interact with authorities without leaving their homes.

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