FINANCIAL AND LEGAL MEASURES TO COUNTER THE NEGATIVE CONSEQUENCES OF THE CORONAVIRUS PANDEMIC (CRP) IN THE SYSTEM OF SOCIO-POLITICAL MEASURES OF BUDGETARY POLICY OF STATES: NATIONAL AND INTERNATIONAL ASPECTS

2020 ◽  
Vol 10 (5) ◽  
pp. 36-42
Author(s):  
GALINA PETROVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Planning Period ◽  
Fiscal Stimulus ◽  
Budgetary Policy ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
International Aspects ◽  
The Imf

Introduction. The socio-political and legal prerequisites for enhancing the coordinating role of the state, its budgetary policy and financial and legal regulators to counter the negative consequences of the coronavirus infection pandemic (PKI) are considered. International financial organizations (IMF, World Bank, OECD and others), supporting states in the fight against CRP, propose new standards of fiscal and investment policy developed by them on the basis of financial planning and budgeting with the involvement of budgetary funds and public financial reserves for social and economic support of the population from the consequences of CRP. States use these post-CRP international stability standards as part of their fiscal and development strategies. Materials and methods. The report of the UN Department of Global Communications on measures to counter the destruction of economies as a result of COVID-19 and the implementation of the Sustainable Development Goals 2020 was used. The conceptual provisions of the Analytical Summary of the Department of Fiscal Policy of the IMF (April 2020) with recommendations to government agencies on the restoration of economies destroyed by the CRP were considered. The article provides the norms of the Russian budget, tax, banking legislation, adopted in the implementation of the provisions of the Decree of the President of the Russian Federation dated 02.04.2020 No. 239 on measures against CRP. The Federal Law of the Russian Federation of March 18, 2020 No. 52-FZ on budgetary policy for 2020 and for the planning period of 2021 and 2022 was considered in connection with the CRP. Used a document of the Bank of Russia dated 08/10/2020. on measures to limit the consequences of the coronavirus infection pandemic and other acts. Results. The international recommendations of the IMF on supporting the public sector of the economies in the context of countries overcoming the consequences of the CRP through budget loans, guarantees, fiscal risk management, and coordinated fiscal stimulus are considered. A steady tendency on the part of states and international financial organizations (IFIs) to strengthen the budgetary law of states and promote “soft law” international legal regulation of standards for the implementation of the planning, coordinating and supervisory functions of states, which should be strengthened as overcoming the destroyed CRP economies, finance, education, culture, social sphere. Discussion and conclusions. IMF in their reports emphasize that international financial and other cooperation of states in the context of the fight against CRP should move to a new level of trust and mutual assistance. It is shown that the new financial and legal norms in the budgetary, tax, and banking legislation of the Russian Federation in 2020 act as a set of anti-crisis regulation measures in the face of countering the CRP with the involvement of budgetary funds from the National Welfare Fund (NWF) and other sources of budgetary financing under control by the method of treasury support.

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.

SOME ISSUES OF LEGAL REGULATION AND ORGANIZATION OF THE REGIME IN PENAL IN STITUTIONS IN CONDITIONS OF THE CORONAVIRUS INFECTION SPREAD (COVID-19)

2021 ◽  
pp. 131-136
Author(s):  
Сергей Евгеньевич Илюхин ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Closed Space ◽  
Penal Institutions ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures ◽  
Close Contacts

Распространение и выявление новой коронавирусной инфекции (COVID-2019) как на территории РФ, так и в структуре объектов УИС актуализирует необходимость трансформации средств обеспечения жизнедеятельности как всех субъектов права, так и в особенности подозреваемых, обвиняемых и осужденных. Доказано, что данная категория граждан находится в особо уязвимом положении с точки зрения подверженности заболевания коронавирусом по причине специфики режима отбывания наказаний, который предполагает замкнутость пространства. Введение мер ограничения, регламентированных Правительством РФ, конкретизируемых нормативно-правовыми актами ФСИН России и главного государственного санитарного врача ФСИН России, спровоцировали необходимость решения ряда вопросов, возникающих при реализации системы мероприятий по отбыванию осужденными наказаний в учреждениях УИС. Вышесказанное обуславливает важность и своевременность исследования, связанного и изучением проблем и дискуссионных положений, обуславливающих процесс исправления осужденных и предупреждения совершения ими новых преступлений через призму осуществления санитарно-противоэпидемических мер для предупреждения распространения коронавирусной инфекции. The spread and reveal of a new coronavirus infection (COVID-2019) both on the territory of the Russian Federation and in the structure of penal institutions have prompted us to talk about the need to transform the means of ensuring the life of all subjects of law, and especially suspects, accused and convicted. It is proved that this category of citizens is in a particularly vulnerable position in terms of exposure to coronavirus due to the specifics of the regime of serving sentences, which implies a closed space and close contacts of persons located on the territory of the correctional institution. The introduction of restrictive measures regulated by the Government of the Russian Federation, specified by regulatory legal acts of the Federal penitentiary service of Russia and the chief state sanitary doctor of the Federal penitentiary service of Russia, provoked the need to address a number of issues that arise in the implementation of the system of measures for serving sentences in penal institutions. The above explains the relevance of research related to the study of problems and controversial provisions that determine the process of correcting convicts and preventing them from committing new crimes through the prism of implementing sanitary and anti-epidemic measures to prevent the spread of coronavirus infection.

scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals The problems of popularization of science in the Russian Federation in the context of amendments to the legal regulation of educational activity

2021 ◽  
pp. 84-94
Author(s):  
Valeriy Aleksandrovich Polushkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Educational Activity ◽  
Russian Society ◽  
Negative Consequences ◽  
Effective Response ◽  
Popularization Of Science ◽  
Promotion Activity ◽  
The Russian Federation

The subject of this research is the relevant issues pertaining to popularization of science in the Russian Federation. The goal of this article lies in determination of the currently existing key issues of popularization of science in the Russian Federation: 1) the absence of effective response to the transformation of the traditional field of scientific promotion activity (distribution of new forms and methods of such activity); 2) imperfection of the new legal regulation of educational and scientific promotion activity, which may implicitly lead to negative consequences. The conducted research involves in theoretical conceptualization of scientific promotion activity in the digital age the novelties of legislative regulation of educational activity adopted in April 2021 (the so-called Law on Educational Activity). Unlike other works dedicated to the analysis of this law, this article assesses its basic provisions from the perspective of the effectiveness of achieving the goals set in the context of its impact upon the state of popularization of science in the Russian society. It is established that the model for preventing deterioration of the quality of educational content proposed in the Law on Educational Activity is not effective enough and may further reduce the quality of scientific promotion activity. Therefore, the purpose of imposed restrictions may fail to be achieved. The author believes that the more effective way would lie in intensification of the activity of traditional actors of popularization of science, rather than restriction of the activity of nontraditional actors of popularization of science.

scholarly journals Constitutional status of an individual in the context of coronavirus pandemic: vectors of transformation in Russia

2021 ◽  
Vol 5 (3) ◽  
pp. 101-111
Author(s):  
E. S. Anichkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Structural Method ◽  
Legal Method ◽  
Basic Rights ◽  
Russian Constitution ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The subject of research is the scientific understanding of the ways, manifestations and trends in the transformation of the constitutional status of an individual in the context of the spread of coronavirus infection.The purpose of the research is to confirm or disprove the scientific hypothesis that the COVID-19 pandemic impacts negatively on the content and implementation of the constitutional status of an individual in Russia.The methodology. General scientific methods, especially dialectical ones, made it possible to study the conditions and process of evolution of the constitutional status of an individual in the context of confronting coronavirus infection. With the help of a synergistic method the analysis of cross-sectoral communication of national constitutional law and international legal regulation is carried out. The systemic-structural method was used in the study of intrasystemic changes in the constitutional status of an individual. A study of normative legal sources was made using the formal legal method.The main results, scope of application. The constitutional status of an individual is undergoing a clear transformation in four directions, each of which has received a separate consideration in the work. Basically, the transformation concerned such an element of the constitutional status as "rights". For the most part, these changes have a negative character for an individual, that is, they worsen his constitutional and legal situation in comparison with the "pre-pandemic" period, but they will remain in one way or another until the sanitary and epidemiological situation normalizes. It is noteworthy that the same element of the constitutional status, including the same right, can experience several variants of transformation, but with a difference in time, content, territory of action or circle of persons. For example, the development of the right to freedom of movement on the territory of the Russian Federation is accompanied by both its restriction and suspension of implementation in general, and the right to entrepreneurial activity is accompanied by an additional opportunity for business representatives to receive compensation for forced losses. The pandemic has demonstrated the permissibility and even a certain expediency of transforming the constitutional status of a person and a citizen not only by federal laws (which follows from Part 3 of Article 55 of Russian Constitution), but also by-laws and regulations, not only at the federal, but also at the regional level. This possibility is due to references in federal legislation. It should be recognized that over the past year, for the first time, we have witnessed the active regulation of the constitutional status of a person and a citizen by the subordinate normative acts of the constituent entities of the Russian Federation, which indicates their confident incorporation into the number of sources of its legal regulation.Conclusions. The vectors of transformation of constitutional status of an individual due to COVID-19 pandemic were: (a) the restriction of some basic rights, (b) the suspension of the implementation of a number of basic rights, (c) the substantive clarification and addition of certain rights and mechanisms for their implementation, (d) imposition of additional responsibilities.

ASSESSMENT OF THE NEGATIVE CONSEQUENCES OF THE GROWING LOSS OF THE RUSSIAN POPULATION

2021 ◽  
Vol 1 (12) ◽  
pp. 96-102
Author(s):  
Alexandr V. Dzhioev ◽  
Keyword(s):  
Population Dynamics ◽  
Russian Federation ◽  
Birth Rate ◽  
Negative Impact ◽  
Population Decline ◽  
Negative Consequences ◽  
Demographic Situation ◽  
The Past ◽  
Coronavirus Infection ◽  
The Russian Federation

The article highlights the problems of the high natural loss of the population of the Russian Federation observed since the beginning of 2019 due to the increased mortality and the fall in the birth rate of the population. It is shown that the mortality caused by the COVID-19 coronavirus infection only aggravated the previously established trend of population decline in Russia, but was not the cause of it. To substantiate the conclusion about the historical conditionality of the deterioration of the demographic situation of the country, the indicators of population dynamics over the past decades are analyzed, the negative impact of the demographic crisis of Russia on the security of the country is shown, and the assessment of state measures to improve the demographic situation is given.

scholarly journals THE SECURITY OF THE INTERNET OF THINGS: ISSUES OF IMPROVEMENT OF LEGAL REGULATION AND LIABILITY OF THE ACTORS OF THE ECOSYSTEM

2020 ◽  
Vol 8 (3) ◽  
pp. 26-30
Author(s):  
Yuriy Saranchuk ◽  
Mihail Azarov
Keyword(s):  
Internet Of Things ◽  
Russian Federation ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Smart Devices ◽  
The Internet ◽  
Negative Consequences ◽  
Legal Basis ◽  
The Russian Federation ◽  
The Internet Of Things

the article discusses the structure of the Internet of Things, as well as the sphere of its use and purpose; analyzes the existing legal basis of functioning the Internet of Things on the territory of the Russian Federation and offers four possible directions of its legal regulation; authors pay special attention to the security of the Russian ecosystem of the Internet of Things and consider issues criminal liability due to the negative consequences of the functioning of smart devices.

scholarly journals On the issue of an interdisciplinary approach as a way to improve the legal regulation of state veterinary supervision

2020 ◽  
Vol 132 (3) ◽  
pp. 85-92
Author(s):  
Ju. Soboleva ◽  
Keyword(s):  
Computer Science ◽  
Russian Federation ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Legal Doctrine ◽  
Protected Values ◽  
The Russian Federation ◽  
And Mathematics

The article examines the problems of legal regulation of state veterinary supervision. Based on the analysis of the legislation of the Russian Federation, the provisions of the legal doctrine and the existing experience of the Departments of the Federal service for veterinary and phyto-sanitary surveillance of the Russian Federation, it is revealed that the reduction in the level of damage to legally protected values is not yet achieved, since the number of detected offenses does not decrease, but increases. Methods for calculating the values of indicators used to assess the severity of potential negative consequences of possible noncompliance with mandatory requirements and the probability of non-compliance have not yet been approved for veterinary supervision. The article outlines a possible way to solve the identified problems associated with in interdisciplinary approach, in particular, using the achievements of such Sciences as computer science and mathematics to improve the legal regulation of state veterinary supervision.

scholarly journals Issues of Involvement in Administrative Responsibility in the Conditions of Higher Preparedness

2021 ◽  
Vol 2 ◽  
pp. 21-29
Author(s):  
A.D. Dashieva ◽  
Keyword(s):  
Russian Federation ◽  
Personal Protective Equipment ◽  
Well Being ◽  
Legal Regulation ◽  
Disease Spread ◽  
Protective Equipment ◽  
Production And Consumption ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Administrative Responsibility

The article describes questions of administrative and legal regulation in the conditions of the high alert regime. The administrative measures taken to prevent the spread of the new coronavirus infection (COVID-19) came into force on April 1, 2020. The article introduces the procedure for establishing rules, requirements and prohibitions for citizens and organizations in the the high alert mode territory. Questions arise about the requirements, for violation of which they are held liable under Article 20.6.1 of the Code of Administrative Offenses of the Russian Federation, as the Code established administrative responsibility for non-compliance with the rules of behavior in an emergency or the threat of its occurrence. Part 2 of Art. 6.3 of the Code of Administrative Offenses of the Russian Federation has been amendened to regulate the administrative responsibility for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, if such an offence is committed during an emergency regime or in the event of a threat of the spread of a dangerous disease. The requirements for masks and personal protective equipment have been analyzed, as for the absence of masks the requirements can be brought to administrative responsibility. A big problem still is the disposal of personal protective equipment, since they belong to waste category B. The release of used personal protective equipment is the subject to the requirements of the disposal procedure and the requirement to prevent the emergence of a threat of the dangerous disease spread. The article considers the competition between the rules of the Code of Administrative Offenses of the Russian Federation in terms of bringing to responsibility for non-compliance with environmental protection requirements when handling production and consumption waste and the rules of law regulating violation of legislation in the field of ensuring sanitary and epidemiological well-being of the population.

URGENT ISSUES OF LEGAL REGULATION IN THE FIELD OF PROTECTION OF POPULATION AND TERRITORIES IN EMERGENCY SITUATIONS

2021 ◽  
Vol 7 (4) ◽  
pp. 220-234
Author(s):  
Maxim S. DEMCHENKO
Keyword(s):  
Russian Federation ◽  
Emergency Situation ◽  
Legal Regulation ◽  
World Health ◽  
Individual Rights ◽  
Scientific Discussion ◽  
Emergency Situations ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Epidemiological Situation

On January 30, 2020, the spread of a new coronavirus infection was declared an international emergency by the World Health Organization. The state authorities of the Russian Federation have developed measures aimed at minimizing and eliminating the consequences caused by coronavirus infection, which in turn caused the need for rapid changes and additions to the regulatory framework in the field of protecting the population and territories from emergency situations. The question on the features of the emergency and high-alert mode, as well as the legality of restrictions on individual rights and freedoms introduced in the high-alert mode, has caused a scientific discussion in the field of protecting the population and territories from emergency situations. In this article, the author examines changes in legislation in this field, offers his interpretation of the basis and features of the legal regulation of the high-alert mode and restrictions on the rights and freedoms of an individual associated with the spread of the COVID-19 coronavirus infection. According to the author, taking into account the current epidemiological situation, Federal Law No. 68-FZ of December 21, 1994, “On the protection of the population and territories from natural and man-made emergencies” needs prompt and consistent changes in order to fully and comprehensively ensure the rights and freedoms of an individual. For example, it is necessary to introduce the concept of a biological and social emergency as one of the types of emergency situations that fall under legislative regulation. Analyzing the current legislation for legality of the introduced high-alert mode and restrictions on individual rights and freedoms, it is concluded that the existing mechanism for restricting individual rights and freedoms does not fully comply with the Constitution of the Russian Federation. Regarding the current epidemiological situation, it should be considered as an emergency situation with the need for introducing an appropriate mode. The research methodology is based on both general scientific and specific scientific methods of cognition: formal-logical, systematic, formal-legal, comparative, dialectical, predictive, modeling method, etc.

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