scholarly journals ON CERTAIN LEGAL AND ORGANIZATIONAL ASPECTS OF PUBLIC PROCUREMENT IN RUSSIA

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 72-80
Author(s):  
Светлана Сергеевна ГОРОХОВА
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Legal Aspects ◽  
Special Focus ◽  
Unresolved Issue ◽  
Scientific Methods ◽  
Contract Price ◽  
Effective Implementation ◽  
The Russian Federation

The paper is devoted to the analysis of certain organizational and legal aspects of the regulation of the contract system in the field of procurement for state and municipal needs. The purpose of the study is to identify legal and enforcement issues that impede the effective implementation of public procurement procedures in the Russian Federation. In order to achieve this purpose, the author uses a dialectic approach, applying a whole range of general and specific scientific methods, with a special focus on topical statistics. Results: the conclusion is drawn about the instability of the procurement law, its procedural bias, the unresolved issue of determining the initial (maximum) contract price, monopolization of procurement of small quantities of SET (single trade aggregate). It is concluded that there is a need to review approaches to determining the effectiveness of procurement procedures and to increase the responsibility of customers in this area.

scholarly journals Constitutional and legal aspects of the execution of the constituent entities’ powers in the field of legislation on administrative offences

2018 ◽  
Vol 2 (3) ◽  
pp. 43-51 ◽  
Author(s):  
O. Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Aspects ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Decisions ◽  
Exclusive Jurisdiction ◽  
Special Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Responsibility

The subject of the paper is constituent entities’ powers in federative state concerning the establishment of the administrative responsibility for breach regional and municipal rules.The purpose of the paper is to justify the need for new approaches to the delimitation of the constituent entities’ jurisdiction in the field of legislation on administrative offences, up to the allocation of administrative-tort legislation in the exclusive jurisdiction of the Federation.The methodology. General and special scientific methods of cognition were applied: systemic, comparative legal, formal logical. The analysis of legislative and law-enforcement practice of the constituent entities of the Russian Federation, the legal decisions of the Con-stitutional Court of the Russian Federation, is also used.The main results and scope of their application. The constituent entities of the Russian Federation, making legal acts in the field of legislation on administrative offenses, are not always properly take into account the boundaries of their competence in the field of establishment of administrative responsibility for committing administrative offences for breach regional and municipal rules. The compliance of such constituent entities’ authority to es-tablish this type of responsibility with the provisions of art. 19 and 55 of the Russian Con-stitution is very debatable issue. Although Constitutional Court of the Russian Federation in its decisions confirms the constitutional empowerment of the constituent entities with the authority to establish in its laws the administrative responsibility for violation regional and municipal rules, such decisions are controversial. It may be useful to consolidate adminis-trative and tort law in the exclusive jurisdiction of the Russian Federation.Conclusion. The provisions of Federal legislation that let constituent entities of the Russian Federation to establish administrative responsibility for administrative offenses are not fully comply with the constitutional provisions, despite the opinion of the Constitutional Court of the Russian Federation.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

ESCALATION OF IMPORT SUBSTITUTION AS A REALITY AND A NECESSITY FOR IMPROVING THE STRUCTURE OF THE DOMESTIC ECONOMY

2021 ◽  
pp. 77-83
Author(s):  
V. V. Mishchenko ◽  
I. K. Mishchenko
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Import Substitution ◽  
The State ◽  
Domestic Economy ◽  
Provision Of Services ◽  
History Of ◽  
Balanced Structure ◽  
The Russian Federation ◽  
Key Features

The article highlights the importance of a balanced structure of the economy in terms of the ratio of the production of goods and the provision of services; the history of specialization of the Russian Federation as a state and territorial entity, the key features of its structure are considered. Modern aspects of import substitution in Russia are described. A comment is made on the program “Import Substitution 2.0”, which is based on quotas for public procurement from Russian suppliers. Some problems and negative aspects of the state of implementation of the import substitution program in the Russian Federation are reflected. It is concluded that the measures for the development of import substitution were largely unsystematic, were of a fragmented nature, and in some cases even contradicted each other. Their implementation failed to optimize the structure of the economy. A set of measures to escalate import substitution is proposed, including the priority development of specific types of goods with a certain share of sales abroad and the coverage of import substitution in the sphere of services.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Tools of Interregional Cooperation in the Public Administration System

REGIONOLOGY ◽  
2021 ◽  
Vol 29 (2) ◽  
pp. 250-282
Author(s):  
Vladimir V. Klimanov ◽  
Sofia M. Kazakova ◽  
Vita A. Yagovkina
Keyword(s):  
Russian Federation ◽  
Regional Cooperation ◽  
Public Procurement ◽  
Financial Assessment ◽  
Scientific Potential ◽  
Interregional Cooperation ◽  
The Russian Federation ◽  
Degree Of Differentiation ◽  
Regional Authorities ◽  
High Degree

Introduction. The development of modern Russia is characterized by a high degree of differentiation in the level of socio-economic development of the constituent entities of the Russian Federation. Interregional cooperation is one of the tools to overcome this differentiation. Although new forms of such cooperation have been emerging, its potential remains underestimated. The purpose of the study is to analyze the existing and prospective forms of cooperation between the regions of Russia. Materials and Methods. The study based on a structural and substantive analysis of regulatory legal acts of the federal and regional levels, as well as on strategic planning documents, various forms of budget reporting, bilateral and multilateral agreements between the constituent entities of the Russian Federation aimed at identifying various areas, tools and mechanisms for ensuring interregional cooperation. Results. The authors have considered the tools of interregional cooperation that involve direct financial participation of regional authorities or economic entities. The role and prospects of horizontal subsidies and budget loans provided by one region to another have been identified, their legal and regulatory justification has been given; a financial assessment has been made, and the identified practices have been analyzed. In terms of the implementation of public procurement from suppliers based in other regions, the authors have estimated the degree of how closed or open the constituent entities of the Russian Federation are. Discussion and Conclusion. The authors have confirmed the idea that interregional cooperation in Russia is still underdeveloped and lacks legislative and scientific-methodological justification. The authors also assess the prospects for further development of interregional cooperation in Russia and suggest a number of measures to promote it. The results of the study can be used in the interests of the authorities to improve the system of regulation of various mechanisms of regional cooperation, as well as to develop the scientific potential in this area.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Regulatory and legal means of ensuring food security and its role in the implementation of national priorities of the Russian Federation

2020 ◽  
Vol 210 ◽  
pp. 03008
Author(s):  
Nikolay Sarayev ◽  
Svetlana Studenikina
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
The State ◽  
Systematic Analysis ◽  
State Management ◽  
Effective Implementation ◽  
Current State ◽  
Quantitative Characteristics ◽  
The Russian Federation ◽  
Qualitative And Quantitative Characteristics

The purpose of this work is to establish and determine, on the basis of a systematic analysis, the factors influencing the state of food security of the Russian Federation, the problems of legal support of national priorities related to food independence. Qualitative and quantitative characteristics of the current state of food security in the Russian Federation are closely related to the criteria for the development of the socio-economic system of the state. An important condition for the effective implementation of national priorities is the normative regulation of the toolkit of state management impact on the threats and risks of food independence. To understand the essence of these problems and minimize their consequences, the authors substantiate the need to study the indicated problem within the framework of the concept of legal dementia. Legal dementia is a state of compliance by subjects of law with the provisions of the law, which is characterized by non-fulfillment to one degree or another by state bodies not only of their functions, but also by the inability to respond, due to a low level of competence and professionalism, to factors that weaken the effectiveness of legal guarantees.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals Approbation and Implementation of Professional Standard for Educational Psychologists (Psychologist in Education): Regional Experience

2018 ◽  
Vol 23 (1) ◽  
pp. 82-92 ◽  
Author(s):  
V.V. Rubtsov ◽  
Yu.M. Zabrodin ◽  
O.I. Leonova
Keyword(s):  
Russian Federation ◽  
Professional Standard ◽  
Pilot Studies ◽  
Research And Practice ◽  
Effective Implementation ◽  
Educational Psychologists ◽  
The Russian Federation ◽  
Pilot Implementation

The paper focuses on the regional experience in approbation and pilot implementation of the professional standard for education psychologists (“Psychologist in Education”) and presents the outcomes of pilot studies of standard implementation carried out in twelve subjects of the Russian Federation in 2015—2017. We describe the stages of informational and analytical support of the approbation rendered in 2017 in the process of implementation of a roadmap developed by the Ministry for Education and Science of the Russian Federation. This roadmap involved a set of research and practice-oriented measures, monitoring studies etc. aimed at testing and implementing the professional standard for educational psychologists. The paper highlights the main problems concerning this new professional standard and provides some recommendations on its effective implementation in the subjects of the Russian Federation within the framework of the existing legislation.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

Sign in / Sign up

Export Citation Format

Share Document