scholarly journals Legal regulation of the institution for changing detention conditions of persons deprived of liberty at the international level

2020 ◽  
Vol 2 (3) ◽  
pp. 145-152
Author(s):  
Sergey Gaykovich
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Legal Regulation ◽  
International Standards ◽  
Stable Set ◽  
Correctional Institutions ◽  
Present Stage ◽  
Legal Standards ◽  
Stage Of Development ◽  
The Republic

The article analyzes international standards in the field of changing the conditions of detention of persons sentenced to imprisonment. Proposals are made to optimize the Institute for changing the conditions of serving a prison sentence in the Republic of Belarus at the present stage. The analysis of international legal standards on the treatment of convicted persons (prisoners) allowed the author to draw the following conclusions. At the present stage of development, the international legal system is an independent, stable set of documents regulating legal relations in the penitentiary sphere. International standards in the field of imprisonment execution is clearly oriented States around the world to broaden the use of the progressive system of punishment is based precisely on changes of detention conditions and correctional institutions based on the behavior of the convicted person while serving a punishment. At the same time, it is pointed out that it is necessary to create conditions for expanding contacts with the outside world of persons serving sentences and maintaining their socially useful connections. The application of certain normative provisions of international standards in the process of changing the conditions of serving a sentence of liberty deprivation contributes to the achievement of the goals of criminal liability. Despite the advisory nature of the main part of international documents, the compilation of best practices and clarification of individual issues contributes to a uniform approach in law enforcement activity. In order to improve the efficiency of the penal system of the Republic of Belarus, it is rational to move from the recommendatory nature of the considered international standards to their mandatory implementation in law enforcement. This approach will definitely not entail significant material costs for the state, and the achieved results will undoubtedly contribute to improving the effectiveness of social adaptation and reintegration of convicts into society, strengthening the rule of law in correctional institutions and humanizing conditions of detention. The obtained conclusions can be used for further implementation of the requirements of the Penal Code, as well as the Development Concept of organizations of the penitentiary system and medical and labor dispensaries of the Ministry of Internal Affairs of the Republic of Belarus.

PROBLEMS OF THE FORMATION OF REVENUES OF REGIONAL BUDGETS IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 2 (8) ◽  
pp. 83-87
Author(s):  
B. Kh. ALIYEV ◽  
Keyword(s):  
Russian Federation ◽  
Present Stage ◽  
Budget Planning ◽  
Budgetary Policy ◽  
Stage Of Development ◽  
The Russian Federation ◽  
The Republic ◽  
Regional Authorities ◽  
Regional Budgets

In the Russian Federation, the problem of budget planning becomes especially relevant when the pace of economic development slows down. The article examines the features of the formation of regional budgets, using the example of the budget of the Republic of Dagestan. The analysis of incomes to the budget is carried out. The role of regional taxes in the formation of budget revenues of the Republic of Dagestan is revealed. According to the results of the study, it can be concluded that the budgetary policy of the regions at the present stage of development of the Russian economies does not contribute to a further increase in the rates of economic growth. The article offers recommendations for improving the regional budgetary policy of the Russian Federation and increasing the responsibility of regional authorities.

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

scholarly journals Personnel policy implementation in the government institutions of the Lugansk People’s Republic

2019 ◽  
Vol 15 (3) ◽  
pp. 47-54
Author(s):  
Valentin N. Goncharov ◽  
Victoriia N. Tisunova ◽  
Olga V. Drozniak
Keyword(s):  
Policy Implementation ◽  
Social Relations ◽  
Axiomatic Method ◽  
Present Stage ◽  
Personnel Policy ◽  
Government Institutions ◽  
Stage Of Development ◽  
Methods And Techniques ◽  
The Republic ◽  
The Government

Introduction. Topical issues regarding the implementation of personnel policy in the government institutions of the Lugansk People’s Republic are presented and explored in the article. The analysis of the features of the personnel policy implementation at the present stage of development of social relations provides a basis for using relevant motivational measures to improve the effectiveness of personnel work.Materials and methods. In the research process, a complex of philosophical, general scientific and special methods and techniques was used, namely: critical and axiomatic method, method of analysis and synthesis, structural and functional method, abstraction; deduction and induction, statistical and econometric methods; general logical methods and techniques for forming scientific conclusions and research results.Results of the study. The analysis of the personnel policy implementation in public institutions in the Lugansk People’s Republic found that its coordination is carried out within the framework of the current legislation in order to improve the situation in the demographic, employment and labor market, education and science, health, culture and moral upbringing fields. However, in the process of implementing the main directions of the personnel policy, the features of the economic and political situation in the country at the present stage were not fully taken into account. Thus, in order to improve personnel work in the republic a list of systematic measures to increase motivation among public servants was proposed for use, taking into account existing realities.Discussion and conclusions. The study showed that in order to successfully carry out personnel work in the government of the republic, it is extremely important to justify the introduction of a system of non-material motivation for existing employees and the changes corresponding to modern realities in the process of selecting personnel as components of the implementation of personnel policies in government institutions of the Lugansk People’s Republic.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals Encroachments against the Safety of Maritime Navigation in Russian and International Criminal Law

2021 ◽  
Vol 3 (2) ◽  
pp. 172-188
Author(s):  
Marina L. Prokhorova ◽  
◽  
Anastasiya K. Knyaz’kina ◽  
Valentina N. Kufleva
Keyword(s):  
Continental Shelf ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Code ◽  
International Standards ◽  
Legal Standards ◽  
Maritime Navigation ◽  
The Russian Federation

Introduction. The necessity of criminalising acts against the safety of maritime navigation in na- tional legislation is based on the requirement to comply with the international obligations. The relevance of the research is that the implementation of such criminalisation is not always carried out in a timely and adequate manner. Тhe author’s versions of the criminal law can be used by the legislator to further improve the Criminal Code. Theoretical Basis. Methods. The methodological basis of the study was a set of both general scientific and private scientific methods of cognition. In particular these included the analysis, synthesis, comparative, formal and the legal. Special attention was paid to the international legal standards, and the regulation of criminal liability for encroachments against security sea shipping. Results. The article analyses the regulations at the national level governing the crime of acts which infringe upon the safety of navigation at sea and in the river space. This is Art. 211 “Hijacking of an aircraft or water transport or railway rolling stock” and Art. 227 “Piracy” as provided for in the Criminal Code of the Russian Federation. The article considers the provisions corresponding to these from international treaties, and investigates the problems of compliance in implementing norms of the Russian criminal law with the basic contractual provisions. At the same time, international acts are analysed in their latest and current version, taking into account all the changes and additions made to them. Discussion and Conclusion. As a result of the study, the authors come to the conclusion that it is necessary to make alterations to the national criminal legislation to bring it in line with the current international standards due to the absence of provisions in it regarding liability for crimes committed against sea vessels, as well as on board or against fixed platforms located on the continental shelf. At the same time, the authors propose specific additions to the Criminal Code of the Russian Federation. In particular, these are on the inclusion of certain signs of corpus delicti relating to the number of qualifying items, and which also indicate the need to formulate specific criminal law norms providing for liability for crimes against sea vessels, as well as on board or against fixed platforms located on the continental shelf.

scholarly journals Public services and digital technologies: legal registration in constitutional law

2019 ◽  
pp. 27-33
Author(s):  
E. P. Voronyuk
Keyword(s):  
Constitutional Law ◽  
Public Services ◽  
Social Issues ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Present Stage ◽  
Public Authorities ◽  
Technological Organization ◽  
Stage Of Development ◽  
Legal Context

The purpose of the article is to identify the role and place of digital technologies in public services. Considering the content and importance of the constitutional and legal regulation of public services using digital technologies in the context of the implementation of the constitutionally enshrined social statehood of Russia, the author draws the following conclusion: the objective of the modern State is to fully ensure enforcement of the needs of citizens and the provision of public services using digital technologies.The analysis of doctrinal approaches and normative consolidation of information and technological organization of interaction between citizens and public authorities showed that the innovative way of digital technologies has been chosen and normatively consolidated in modern Russia as the basis for economic development — the basis of Social Statehood. This requires scientific understanding and development of mechanisms for its implementation in social issues in the legal context.Also, the author gives a brief overview of the main risks of introduction of digital technologies in Russian constitutional law at the present stage of development. The paper reveals topical issues in heoretical and practical contexts; the author suggests the ways how they can be resolved. 

scholarly journals Legal bases of activity of law enforcement bodies in the field of security in border areas of Ukraine

2021 ◽  
pp. 93-96
Author(s):  
O.I. Nikitenko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Global Changes ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
State Institutions ◽  
External Threats ◽  
Stage Of Development ◽  
Border Areas

This article is intended for the theoretical foundations of the strategy of security in the border areas of Ukraine by law enforcement agencies. Law enforcement agencies are existing in society and the state institutions and organizations that perform law enforcement and law enforcement functions whose main task is to ensure security in the border areas of Ukraine. At the current stage of development of Ukraine as a democratic social and legal state, taking into account the recent global changes in the world, the development of law enforcement agencies to ensure national and internal security from internal and external threats is one of the priorities of European policy. The choice of the population of Ukraine highlighted the problem of implementation of ratified agreements with the European Union, including the provisions of the European Charter in the field of security in the border areas of the state, as important components of the political and legal system of Ukraine. Ensuring state security, protection of the state border and protection in the border area of Ukraine in accordance with the Constitution of Ukraine is entrusted to military formations and law enforcement agencies of the state. The state pays special attention to improving the legislation in the field of administrative and legal regulation in the field of national and internal security of the state from internal and external threats. The formation of the scientific doctrine of the scientific order in Ukraine has its own difficult history. Maintaining and strengthening the rule of law in society in modern conditions, as a necessary prerequisite for the effective functioning of an extensive human rights mechanism with the participation of state institutions, law enforcement agencies, civil society require thorough doctrinal support.

scholarly journals Anti-corruption measures in the Russian Federation at the present stage of development

2019 ◽  
Vol 2019 (4) ◽  
pp. 99-106
Author(s):  
Yuri Grachev ◽  
Alexander Nikishkin ◽  
Elena Vetrova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Conflicts Of Interest ◽  
Practical Interest ◽  
Civil Servants ◽  
Scientific Article ◽  
Present Stage ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
The Russian Federation

This scientific article is prepared on the basis of normative legal acts, materials of investigative and judicial practice, it deals with the most pressing issues of combating corruption in modern Russia. A special place is given to the presentation of the existing problems of prevention, suppression and disclosure of crimes of corruption at the present stage of development of the Russian Federation. Scientific and practical interest is represented by the stated measures directed on effective counteraction to corruption manifestations, and also offers on their improvement taking into account the developed practice and positive experience of foreign countries. The article discusses and reveals the topical issues of promotion of anti-corruption behavior and anticorruption legal awareness in law schools and with the personnel of law enforcement agencies, in particular, improving the criteria for the selection of candidates for positions of employees. The expediency and applicability of the above measures not only to current and future law enforcement officers, but also to all civil servants and employees of other industries exposed to corruption risks and conflicts of interest are fully justified. The results of the application of anti-corruption measures with their proper use, as well as compliance with the principles of continuity and ubiquity of their implementation. It is indicated that the use of the above means, measures and principles of anti-corruption behavior of civil servants leads to a significant reduction in the number of corruption crimes in the internal Affairs bodies and complicates the further appearance of this type of criminal attacks of corruption orientation.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals International legal standards of advocacy in Russian environmental legislation

2021 ◽  
Vol 244 ◽  
pp. 12005
Author(s):  
Irina Kvach
Keyword(s):  
Oil And Gas ◽  
Legal Regulation ◽  
International Standards ◽  
International Treaties ◽  
National Legislation ◽  
Legal Reforms ◽  
Legal Standards ◽  
The North ◽  
Oil And Gas Fields ◽  
Conceptual Role

The article deals with conceptual questions of the role and place that international standards of advocacy take in the system of sources of advocacy in Russia. The author, relying on the decisions of the Plenum of the Supreme Court of Russian Federation, points out the priority importance of international standards and rules in matters of legal regulation of legal proceedings. Considering a significant array of international documents adopted within the framework of international organizations, including the Council of Europe, the author singles out those containing international standards of advocacy. The study of Russian national legislation through the prism of international standards of advocacy makes it possible to conclude that, as a result of prolonged legal reforms, the main fundamental provisions of national legislation have been brought into line with the requirements of international standards, but work in this direction has not yet been over. As a result, the author points out the conceptual role of international treaties as sources of advocacy. The findings became the basis for further author’s research of international standards, as a legal basis for the regulation of advocacy to protect the rights and freedoms of indigenous peoples of the north in the development of oil and gas fields on their ancestral lands.

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