scholarly journals NATIONAL REGIME IN IMPLEMENTATION OF PUBLIC PROCUREMENT AS A FACTOR FOR ENSURING NATIONAL INTERESTS

2018 ◽  
pp. 48-55
Author(s):  
VALENTINA KVANINA
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Import Substitution ◽  
Legal Framework ◽  
Federal Law ◽  
Dialectical Logic ◽  
National Interests ◽  
The Russian Federation ◽  
The Government ◽  
Business Entities

Introduction: under the conditions of economic sanctions imposed by foreign countries against Russia, the issue of import substitution was sharply raised. Its mechanisms are stipulated, among other things, in the Article 14 of the Federal Law «On the contract system in the procurement of goods, works, services for the provision of state and municipal needs» (hereinafter – Federal Law No. 44): prohibitions, restrictions and conditions for admission of foreign goods, works, services on the territory of the Russian Federation. These mechanisms find reflection and development in the decisions of the Government of the Russian Federation, which create difficulties in their application by business entities. The article makes an attempt to analyze the legal framework on this issue, to identify problems and suggest ways to solve them. Methods: the general scientific methods of research (formal and dialectical logic, systemic) and private-science methods (comparative legal, formal-legal) were used in the article. This allowed to determine, on the basis of analysis of international legal acts, Russian legislation and law-enforcement practice, the limits of restrictions, prohibitions and conditions for admission of foreign goods, works, services to the Russian market. Analysis: the article analyzes the institution of national public procurement regimes enshrined in international legal acts, regulatory legal acts of the Russian Federation, including resolutions of the Government of the Russian Federation in which prohibitions, restrictions and conditions for admission of foreign goods, works, services in the territory of the Russian Federation are established; the problems that are caused by the unsystematic nature of Russian legislation are revealed. Results: the analysis of the legal framework on the national regime of public procurement made it possible to come to a conclusion about its imperfection and the need for carrying out its comprehensive expertise that would identify all the problematic aspects in this area and suggest ways of eliminating them. Moreover, it is necessary to develop a single set of issues that should be reflected in all decisions of the Government of the Russian Federation on prohibitions, restrictions, conditions for admission of foreign goods, works and services within the framework of the national public procurement regime.

scholarly journals Extended First Aid: Perspectives and Challenges of Regulatory and Legal Framework

2021 ◽  
pp. 32-36
Author(s):  
A.Yu. Zakurdaeva ◽  
◽  
L.I. Dezhurny ◽  
A.A. Kolodkin ◽  
◽  
...  
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Legal Framework ◽  
First Aid ◽  
Health Protection ◽  
Armed Conflicts ◽  
Federal Law ◽  
The Russian Federation ◽  
The Government ◽  
Public Health Protection

In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.

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.

New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  
Keyword(s):  
Natural Resources ◽  
Land Management ◽  
Russian Federation ◽  
Industrial Complex ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation ◽  
The Government ◽  
Wide Experience ◽  
State Registration

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

scholarly journals Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

2018 ◽  
pp. 34-43
Author(s):  
A. Ya. Asnis
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Service Contract ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Contract Managers

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.

scholarly journals THE EVALUATION OF THE EXPEDIENCY’S DEVELOPMENT AND SUPPORT OF SMALL INNOVATIVE ENTREPRENEURSHIP IN RUSSIA

2018 ◽  
Vol 6 ◽  
pp. 309-313 ◽  
Author(s):  
Anzhela Litvinova ◽  
Denis Paleev
Keyword(s):  
Small Business ◽  
Russian Federation ◽  
Small Businesses ◽  
Business Processes ◽  
New Technologies ◽  
Business Environment ◽  
Government Support ◽  
The Russian Federation ◽  
The Government ◽  
Business Entities

This article analyzes the situation of innovative approaches to building business processes and interaction between universities, the government,  and representatives of the business environment. A methodology is proposed by the authors for calculating the feasibility of government support for small innovative enterprises (SIEs) as independent small business entities organized at higher educational institutions of the Russian Federation, the activities of which are aimed at research, development, implementation, and commercialization.The importance and role of small innovative entrepreneurship in the economy of the country and large cities is becoming the main world trend. Russia is trying to match its innovation strategy in small business, but the success is, unfortunately, still negligible. On the part of the government, millions of rubles are allocated to support small innovative entrepreneurship, as well as the construction of technology parks, the creation of business incubators, technological laboratories, and platforms being organized at universities in order to ensure the implementation of innovative projects. In accordance with the Federal Law of the Russian Federation No. 217-FL of August 2, 2009, universities were able to register small innovative enterprises on their territory as independent small businesses in the sphere of innovative development, whose activities are focused mainly on the commercialization of intellectual property objects and their active promotion in the market.Nevertheless, the implementation of new technologies and know-how is associated with greater risks of SIEs and needs a methodical approach to assess the appropriateness of providing government support to such enterprises. We are going to consider and calculate the indicator of the feasibility of government support for a small innovative enterprise in the amount of 50 million rubles for a period of five years for its development and will prove the increase in the efficiency of the enterprise and the possibilities for its development through the government support mechanisms for innovations.

PROBLEMS OF DOMESTIC PRODUCTION OF STRATEGICALLY SIGNIFICANT ANTI-RETROVIRAL DRUGS

2021 ◽  
Vol 9 (1) ◽  
pp. 17-20
Author(s):  
O.A. Ryzhova ◽  
T. L. Moroz
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Import Substitution ◽  
Limited Range ◽  
Antiretroviral Drugs ◽  
Second Stage ◽  
State Register ◽  
Pharmaceutical Substances ◽  
Third Stage ◽  
The Russian Federation

Purpose. The aim of the study was to assess the problems of providing patients with HIV in the Russian Federation with antiviral drugs of the ATС group – J05AF (nucleosides and nucleotides - reverse transcriptase inhibitors) included in the list of strategically important drugs, and the prospects for its improvement. Materials and methods. The scientific research was carried out sequentially and included four interrelated stages. The objective of the first stage was to analyze the auctions for public procurement of antiretroviral drugs of the ATС- J05AF group for 6 INNs included in the list of strategically important drugs. The task of the second stage of the work was a comparative analysis of the dynamics of the range of antiretroviral drugs and substances for their production, registered in the Russian Federation, of the ATС group - J05AF by 6 INN. At the third stage, an analysis was made of the availability of interchangeable drugs for each INN. The objective of the fourth stage was to analyze the registered prices for domestic and foreign medicines for each INN. Results. It was found that by 2020 the share of domestic drugs was 63% of the planned 90%. In the Russian Federation, only 4 manufacturers in a limited range produce drugs for the treatment of HIV-infected patients. For individual INNs, domestic substances are completely absent, or are produced in insufficient quantities, which forces manufacturers to purchase pharmaceutical substances from the same enterprises, mainly in China and India. In the State Register of Medicines by 2020, for various INNs, interchangeable medicines appeared, the price of which does not differ statistically significantly, nevertheless, 91% of auctions in 2018 were held with a single supplier. Such a result of the auctions is difficult to explain, since the price of interchangeable drugs in the ATС - J05AF group does not differ statistically significantly between domestic and foreign manufacturers. Conclusion: In order to increase the level of import substitution of strategically important antiretroviral drugs, it is necessary, first of all, to solve the problem of providing Russian manufacturers with domestic pharmaceutical substances.

The Effectiveness of Control and Supervisio№ Activities i№ the Field of Education

2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina
Keyword(s):  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Judicial Decisions ◽  
Government Oversight ◽  
Municipal Employees ◽  
Effi Ciency ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Defense of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, annually the government oversight(supervision) authorities, the bodies of municipal control in accordance with the procedure established by the Government of the Russian Federation, prepare reports on the eff ectiveness of their activities. At the same time, the legislator did not formulate the defi nition of “eff ective control (supervision)”, and effi ciency reports are based primarily on quantitative indicators (information on state (municipal) employees, the number of inspections, the size of fi nes, a list of violations detected and prosecuted persons, information on Judicial decisions, otherwise). The authors of the article, analyzing the normative legal acts, studied the practice of conducting inspections in the sphere of education of Moscow and other subjects of the Russian Federation, set forth a scientifi c view on the effi ciency of control and supervision activity, propose a model, as well as indicators for assessing the eff ectiveness of inspections in education.

scholarly journals PROBLEMS OF ENFORCEMENT OF CERTAIN LEGAL PROVISIONS IN TRANSPLANTOLOGICAL PRACTICE AND SOLUTION APPROACHES

2016 ◽  
Vol 18 (3) ◽  
pp. 6-15 ◽  
Author(s):  
S. V. Gautier ◽  
S. M. Khomyakov
Keyword(s):  
Organ Transplantation ◽  
Russian Federation ◽  
Federal Law ◽  
Law System ◽  
Legal Provisions ◽  
Information Law ◽  
The Russian Federation ◽  
The Government

Aim. To carry out the analysis of enforcement of regulatory legal acts in transplantological practice, to specify the existing gaps and collisions in them, and to offer approaches for its elimination. Materials and methods. The legislation of the Russian Federation in the fi eld of donation and organ transplantation and(or) tissues (an information law system «Garant»). Archive of addresses to the chief transplantologist of the Russian Ministry of Healthcare concerning application of certain precepts of law in transplantology since 2009 till present. Results. Legislative and subordinate acts relating to the area of donation and organ transplantation and(or) tissues are studied; addresses to transplantologies regarding application of certain law precepts are analyzed. Conclusion. Legislative and subordinate acts in force in the fi eld of donation and organ transplantation and(or) tissues contain gaps and collisions which interfere with the work and development of the industry. With respect thereto, it is reasonable to make amendments eliminating legal defects to a number of regulatory legal acts: to the Federal law No. 323-FZ, to the Act of the Russian Federation No. 4180-I, to the Resolutions of the Government of the Russian Federation No. 291 and No. 294, to the Orders of the Ministry of Healthcare of the Russian Federation No. 567n, No. 307n/4, No. 355n. 

scholarly journals Foreign Experience of Import Substitution Policy

2018 ◽  
Vol 12 (2) ◽  
pp. 122-128 ◽  
Author(s):  
V. A. Baynov
Keyword(s):  
Russian Federation ◽  
Industrial Development ◽  
Import Substitution ◽  
International Experience ◽  
Practical Significance ◽  
High Tech ◽  
Validity And Reliability ◽  
The Russian Federation ◽  
Substitution Policy ◽  
The Government

In the current international environment — with fashion on international sanctions, in particular, limiting the possibilities of purchasing high-tech equipment from abroad and dependency of the exchange rate of the ruble against various political provocations — the Russian Federation has faced with the necessity of re-industrialization of the ‘raw’ model of the economy and stimulation of the development of its inner potential. It should be noted that, in accordance with the Plan for promoting import substitution in industry No. 1936-r of 30 September 2014, approved by the order of the Government of the Russian Federation, the Ministry of industry and trade of the Russian Federation has developed and is implementing 22 sectoral plans for import substitution in selected industries of the Russian Federation. In this regard, it is particularly important to study international experience in the field of import substitution policy. The validity and reliability of presented study are achieved by applying a systematic approach and scientific methods of analysis and synthesis, deduction and induction, as well as regulatory, empirical method, etc. As a result of the analysis of international experience, it was possible to identify measures that can improve the efficiency of the state policy of import substitution, including through the use of offset mechanisms in civilian industries and the development of the institution of public procurement, certification, and standardization. In conclusion, the author proposes measures that can improve the policy of import substitution. The practical significance of the article consists in the possibility of applying the results of the study in the elaboration of industrial development programs and further research.

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