LEGAL SUPPORT STATUS OF ELECTROMAGNETIC SAFETY

2021 ◽  
Author(s):  
М.Ю. МАСЛОВ ◽  
Ю.М. СПОДОБАЕВ
Keyword(s):  
Electromagnetic Radiation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
State Control ◽  
Federal Law ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation

Концептуальный кризис в электромагнитной безопасности телекоммуникационных сетей и систем охватил деятельность ряда хозяйствующих субъектов и ведомств и продолжает активно проникать в социальную сферу. В статье рассматриваются серьезные противоречия хозяйствующих субъектов в области правовых, организационных, методических и научных проблем электромагнитной безопасности, которые и являются источником кризиса. Анализируются правовые механизмы, сложившиеся в международной практике. Российская Федерация - одно из немногих государств, которое полностью берет на себя ответственность за электромагнитную безопасность населения. В настоящее время прямое правовое регулирование в области обеспечения электромагнитной безопасности населения РФ отсутствует. Необходима разработка Концепции и Федерального закона «Об электромагнитной безопасности населения», в котором будут прописаны согласованные тонкости и особенности государственного контроля над источниками электромагнитного излучения. А conceptual crisis in the electromagnetic security of telecommunication networks and systems has engulfed the activities of several economic entities and departments and continues to actively penetrate the social sphere. The article considers serious contradictions of economic entities in the field of legal, organizational, methodological, and scientific problems of electromagnetic safety, which are the source of the crisis. The article analyzes the legal mechanisms that have developed in international practice. The Russian Federation is one of the few states that fully assume responsibility for the electromagnetic safety of the population. Currently, there is no direct legal regulation in the field of ensuring the electromagnetic safety of the population of the Russian Federation. It is necessary to develop a Concept and a Federal Law "On Electromagnetic Safety of the Population", which will spell out the agreed subtleties and features of state control over sources of electromagnetic radiation.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

CONSTITUTIONAL INNOVATIONS AND SOCIAL VALUES OF THE STATE IN THE CONTEXT OF THE PRECARIOUS EMPLOYMENT DEVELOPMENT

2021 ◽  
Vol 7 (1) ◽  
pp. 78-94
Author(s):  
Larisa V. ZAITSEVA ◽  
Olga V. Alieva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Social Protection ◽  
Well Being ◽  
Legal Regulation ◽  
Labor Rights ◽  
Political Event ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation

The most important political event in 2020 was the nationwide vote on the approval of amendments to the Constitution of the Russian Federation. Some of the adopted amendments directly concern the social sphere; they are designed to ensure an increase in the well-being of Russian citizens and the level of their social protection. This has actualized scientific research on social justice in all social sciences and humanities. In this regard, legal science is most interested in questions related to at least two aspects. First, to what extent are the amendments to the Russian Federation Constitution relevant from the point of view of the social sphere current state? To what extent are they conditioned by the current agenda and modern social relations content? On the other hand, to what extent does the current legislation designed to serve the implementation of the constitutional foundations meet the requirements of the Basic Law? Do not the provisions of the Constitution become an unattainable bright ideal in the modern system of legal regulation of specific legal relations? This work is devoted to the formulation of precisely these questions. It provides examples from the sphere of regulation of social and labor relations, which make it possible to talk about the difficulties that the law is already facing today, not having sufficient funds in its traditional arsenal to ensure the implementation of fair social standards established in the Constitution. The development of employment non-standart forms, the precarization of the labor market, an objective decrease in the number of hired workers in the total number of employed, creates a significant circle of subjects who today do not have access to the rights and guarantees established by the Constitution, since they are traditionally ensured by the norms of labor law, which does not apply to these citizens. Based on the experience of individual foreign countries, it is concluded that in order to fully implement the constitutional foundations and principles in the world of work, it is necessary to extend certain traditional labor rights and guarantees to the self-employed and workers employed on online platforms.

scholarly journals Protection of consumer rights from unfair online advertising: certain theoretical and practical aspects

2021 ◽  
pp. 29-47
Author(s):  
Irina Viktorovna Ermakova
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Online Advertising ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
Federal Law ◽  
Legal Norms ◽  
Consumer Rights ◽  
Written Form ◽  
The Russian Federation

The subject of this research is the legal norms aimed at regulation of relations in the sphere of protection of consumer rights with regards to online advertising, including contextual and targeted advertising, as well as other type advertising distributed over telecommunication networks. The object of this research is the social relations arising in the process of creation, placement, and consumer perception of the aforementioned types of advertising. Special attention is given to the theoretical and practical aspects of protecting the basic consumer rights in the context of distribution of the indicated types of advertising, as well as compliance to the corresponding legislative prescriptions by the advertisers, including prohibition to mislead consumers, requirement to distribute advertising over telecommunication networks after receiving advance consent of the consumer, etc. The article provides the examples of court decisions and decisions of the Federal Antimonopoly Service of the Russian Federation on consideration of the this category of cases. The novelty of this research consists in outlining the effective approaches of the courts and the Federal Antimonopoly Service of the Russian Federation applicable to the essence, concept and relevant issues of legal regulation of online advertising in the context of protection of consumer rights, including controversial aspects of qualification of online advertising in accordance with the criteria of misleading or deception, as well as questions on due processing of consumer consent to distribution of advertising over telecommunication networks. The author makes recommendations for the improvement of corresponding norms of the Federal Law “On Advertising” and the Federal Law “On The Protection of Competition”, namely to stipulate on the legislative level the provisions that qualify advertising as inappropriate if contains potentially misleading or deceptive content, as well as that consent to receive advertising through telecommunication networks should be in a written form and contain the signature of the consumer.

scholarly journals Municipal Strategies in Russia: New Conditions and New Challenges

2020 ◽  
pp. 26-37
Author(s):  
Eugeny Buchwald ◽  
Olga Valentik
Keyword(s):  
Economic Development ◽  
Strategic Planning ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
The Social ◽  
Wide Range ◽  
Social And Economic Development ◽  
The Russian Federation ◽  
New Challenges

The article aims to summarize new conditions and new challenges, which currently determine the possibility and even the need for substantial revitalization of the strategic management of the social and economic development of Russian municipalities.Five years of practice of implementing the provisions of the Federal Law no. 172 on trategic planning in the Russian Federation revealed a sufficiently large number of gaps in this legislative act, which currently need to be filled. However, the complexity of the situation cannot be reduced only to the initial mistakes made during the development and adoption of this legislative act. Much of the issues which need to be amended or supplemented in the law on strategic planning today is connected with new conditions and priorities of the social and economic development of the country, its regions and municipal territories. The mentioned above fully concerns the issue of the logical (in the legal and economic sense) completion of the “hierarchical relationship” of strategic planning through a more complete and clear legal regulation of the main forms and key functions of strategic planning at the municipal level of management. The solution of this problem is not limited only by the elimination of the dualism or uncertainty that is necessary for positioning municipal strategizing in the current version of the Federal Law no. 172. The point is that legal regulation should cover a lot of new phenomena of territorial organization of production, settlements (for example, megacities, agglomerations); identify the features of municipal management and strategizing in such specific “points” as towns and mono industry cities, particularly depressed settlements, intercity municipalities, etc. However, the necessity to achieve the coordination of positions on this wide range of issues between the legislation on strategic planning and the legislation on the general principles of the organization of local self-government in the Russian Federation is shown.

Main Vectors and Problems of Development of Social Legislation

10.12737/5271 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 5-15 ◽  
Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva
Keyword(s):  
Russian Federation ◽  
Constitutional Rights ◽  
Federal Law ◽  
The Public ◽  
Existing Problems ◽  
Social Sphere ◽  
Immigration Legislation ◽  
Prior Consent ◽  
The Social ◽  
The Russian Federation

The article on the guidelines for the development of social legislation of the Russian Federation predicts a rapid and accelerated development of this block of Russian law system.Among the largescale trends typical for social legislation the author includes: expanding of the scope of regulation (juridification) and the corresponding expansion of legal regulations, differentiation of social legislation on the new brunches (in particular, immigration legislation), the formation of new sub-brunches within the existing ones (for instance, labor relations in the public service) and institutions (biotechnology and so on). The article discusses some “growth problems” of social legislation: the tendency of commercialization of the sphere leads to a decrease of the quality of services, the weakening of safeguards for the most vulnerable categories of citizens (for example, cancellation of the rules on prior consent of the guardianship authorities to carry out transactions with premises where childrenlive, led to a decline of living conditions of many minors of the Russian Federation). As a result the very content of constitutional rights is expressly questioned. At the same time it is underlined that the positive aspect of social legislation juridificationis the appearance of new obligations of the state in the social sphere. To overcome the existing problems and to prevent new onesit is proposed to strengthen the role of science in determining the broad guidelines of development of social legislation in the systematization of social legislation, unification of regional legislation in the social sphere, preventing the rejection of statutory approach in the formation of the secondary legislation, reduction of by-law regulation, strengthening the greater coherence of other branches of Russian legislation with the norms of social legislation. Optimization of legislative regulation through the adoption of the Federal Law “On Normative Legal Acts” will contribute to the elimination of many defects of social legislation and greater stability of legislation of the Russian Federation in the whole.

Risk-oriented Model of the Organization and Implementation of the Federal State Energy Supervision

2021 ◽  
pp. 76-81
Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Energy ◽  
Federal State ◽  
Economic Damage ◽  
Risk Category ◽  
State Control ◽  
Federal Law ◽  
Emergency Situations ◽  
Vital Functions ◽  
The Russian Federation

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

Control (supervisory) measures: innovations of Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”

2021 ◽  
pp. 25-32
Author(s):  
O.V. Shinkareva ◽  
V.A. Dikikh
Keyword(s):  
Russian Federation ◽  
Control Measure ◽  
Control Measures ◽  
State Control ◽  
Federal Law ◽  
Field Inspection ◽  
Control Actions ◽  
The Russian Federation

The article is devoted to the analysis of the types of control measures that will be carried out in accordance with Federal Law No. 248-FZ of the “On State Control (Supervision) and Municipal Control in the Russian Federation”, the main provisions of which will enter into force on July 1, 2021. This law also applies to the activities of organizations that are subject to licensing. Types of control (supervisory) measures are considered, in particular, control and monitoring procurement, inspection visit, raid inspection, documentary and field inspection, as well as monitoring compliance with mandatory requirements and field examination. The essence of each type of control measure, the basis for carrying out the measures, control actions that can be used in their implementation are analyzed.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

Harmonization of the Russian Federation Legislation with Current International Recommendations

2021 ◽  
Vol 66 (6) ◽  
pp. 111-115
Author(s):  
O. Kochetkov ◽  
V. Klochkov ◽  
A. Samoylov ◽  
N. Shandala
Keyword(s):  
Russian Federation ◽  
Radiation Safety ◽  
Strong Relationship ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Safety Standards ◽  
Legal Documents ◽  
Article Analysis ◽  
The Russian Federation

Purpose: Harmonization of the Russian Federation legislation with current international recommendations Results: The concept of the radiation safety system has been significantly modified by recommendations of ICRP (2007) and IAEA (2014). An analysis of existing international regulatory framework for radiation safety allowed to identify the main provisions to be implemented in the Russian legal and regulatory framework. It’s showed that the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population» must be ultimately revised to be harmonized with international documents. General approaches to legal regulation of radiation safety should be essentially modified to create a strong relationship between this law and other regulatory and legal documents in force in the Russian Federation. Conclusion: An article-by-article analysis of the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population « showed the need to modify 22 existing articles and add 12 new articles in order to harmonize it with international documents. Given such a large volume of modification it is advisable to pass a new law with simultaneous abolition of the current federal law. A new name has been proposed: Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation». The enactment of the Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation» with the main by-laws approved by the Russian Federation Government – «Radiation Safety Standards» and «Basic Rules for Ensuring Radiation Safety» – will allow to establish an actual regulatory framework for ensuring radiation safety of personnel and population in Russia.

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