scholarly journals About the stage of initiation proceedings in a disciplinary case on the fact of committing an administrative offense by an employee of the internal affairs bodies

2020 ◽  
Vol 2020 (1) ◽  
pp. 174-182
Author(s):  
Andrey Kaplunov
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Practical Significance ◽  
Administrative Process ◽  
Legal Norms ◽  
Judicial Practice ◽  
Procedural Code ◽  
General Basis ◽  
The Russian Federation ◽  
Internal Affairs

According to the current legislation, employees of internal Affairs bodies may be brought to administrative responsibility for committing an administrative offense on a General basis, or to disciplinary responsibility. Each type of responsibility has its own procedural form of implementation: proceedings in the case of an administrative offense, or proceedings in a disciplinary case. This raises a question of both theoretical and practical significance about, the correlation of these procedural forms when bringing employees of internal Affairs bodies to disciplinary responsibility for committing an administrative offense. In the article based on the theory of the administrative process, the list of procedural actions in proceedings on cases of administrative offences and proceedings in disciplinary cases, when you initiate disciplinary proceedings upon the Commission by the employee of internal Affairs bodies administrative offense. Analysis of the legislation on administrative offenses and legislation on service in the internal Affairs bodies of the Russian Federation, materials of disciplinary and judicial practice, modern scientific research on issues related to bringing employees of internal Affairs bodies to disciplinary responsibility for committing administrative offenses, allowed us to reveal the content of the stage of initiation in disciplinary cases of this category, to formulate proposals for improving the legal norms governing individual procedural actions, taking into account the prospects for the adoption of the draft Procedural code of the Russian Federation on administrative offences.

scholarly journals Regional features of legislative framework for environmental security of the Russian Federation

2019 ◽  
Vol 110 ◽  
pp. 02067 ◽  
Author(s):  
Elena Voskresenskaya ◽  
Lybov Vorona-Slivinskaya ◽  
Dmitry Mokhorov ◽  
Alexander Tebryaev
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Environmental Security ◽  
Environmental Crisis ◽  
Practical Significance ◽  
Theoretical Understanding ◽  
Natural Systems ◽  
Fundamental Causes ◽  
Legislative Framework ◽  
The Russian Federation

The article addresses the problem of the current environmental crisis, which threatens the sustainable development of human civilization. As a result of further degradation of natural systems, the biosphere gets destabilized and loses its integrity, the large areas get devastated, and the quality of the environment necessary for life becomes unstable. The crisis can be overcome only by building a relationship of the human and the nature which does not leave room for destruction and degradation of the natural environment. Thus, scientific research, analysis and search for solutions to legal problems of ensuring environmental security in the regions of the Russian Federation acquire special relevance and practical significance and are the objectives of this work. Without theoretical understanding and scientific research of the elements of this system and, first of all, the regional system of legislative framework for environmental security and its features in the field of governance, it is impossible to achieve the necessary interaction of federal and regional systems and to solve the problem, since there remain fundamental causes and sources that generate the whole range of threats to ecological security.

The system of personnel training in the internal Affairs bodies of the Russian Federation

2020 ◽  
Vol 5 (1) ◽  
pp. 205-220
Author(s):  
Natal'ya Serdyuk ◽  
Aleksandr Semchenko
Keyword(s):  
Russian Federation ◽  
Historical Materialism ◽  
Training System ◽  
Practical Significance ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Object Of Study ◽  
Near Future

The article discusses the system of organization of training in the internal affairs bodies of Russia, substantiates the principles of its functioning. Object of study - continuing education of employees of the internal affairs bodies of the Russian Federation. The subject of the study is the training system in the internal affairs bodies of the Russian Federation and methods for its optimization. Research hypothesis: the construction and implementation of individual educational paths will help optimize the training system in the internal affairs bodies of the Russian Federation. Methodology and research methods: general scientific theory of dialectic and historical materialism, acmeological, hermeneutic and situational-environmental methodological approaches; methods of content analysis of scientific literature and regulatory legal acts in the field of education, included observation, informal interviews, conversation, pedagogical experiment. The theoretical significance lies in the analysis and assessment of the state of departmental training system for the internal affairs bodies of the Russian Federation and in determining ways to optimize it. The practical significance lies in the analysis and interpretation of statistical data in the field of departmental education of the Ministry of Internal Affairs of Russia, and in this connection the justification of priority tasks in the near future.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals The Legal Doctrine in the Activities of the Constitutional Court of the Russian Federation

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 27-31
Author(s):  
Olga O. Nebratenko ◽  
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Constitutional Court ◽  
Research Activity ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
National Body ◽  
The Russian Federation ◽  
Source Form ◽  
Short Time

The article is devoted to the study of legal doctrines in the activities of the national body of constitutional justice. In legal science, judicial practice, and state-legal reality, the term “doctrine” in various combinations has become one of the most widely used and ambiguous. At present, the attitude to the legal doctrine is changing, which in a short time has gone from an unused regulator of legal relations in the Russian legal system to an optional one, giving way only to the dominant source (form) of law — a normative legal act. References to doctrines in the final acts of the constitutional Court of the Russian Federation, as well as their direct formulation and use, are a special subject of research activity, which determines the practical significance of the proposed article.

scholarly journals Prohibition of Certain Acts and Stipulated Prohibitions in Combination with Bail and House Arrest: First Six Months of Instrumentation

Lex Russica ◽  
2019 ◽  
pp. 129-138 ◽  
Author(s):  
E. V. Larkina
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Automated System ◽  
Court Decisions ◽  
Federal Law ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Judicial Practice ◽  
Procedural Code ◽  
The Russian Federation

Based on the study of court decisions, the article analyzes the first judicial-investigative practice of applying innovations in the system of procedural coercive measures — preventive measures in the form of a ban on certain actions, as well as bail and house arrest in combination with the prohibitions provided for in part 6 of article 105.1 of the Criminal Procedural Code of the Russian Federation. The subject of the study were 40 court decisions made by district and higher courts of 17 constituent entities of the Russian Federation. The author analyzes these decisions on preventive measures, the initiators of their election, the crimes charged with the accused, the stages of criminal proceedings at which they were taken. Decisions on the election of a ban on certain actions are analyzed according to the criteria: the number of simultaneous prohibitions; the time allowed to leave the premises; the places that the accused is forbidden to visit; the persons with whom they are forbidden to communicate. The analysis of the resolutions on the election of bail and house arrest with simultaneous establishment of certain prohibitions showed that the courts do not always properly motivate their decisions, subjected to defendants not covered by section 6 of article 105.1 of the Criminal Procedural Code of the Russian Federation prohibitions, permitted the defendants to take actions that do not provide their isolation from society. The data given in the article are accompanied by the author’s comments and references to the decisions set in the State automated system of the Russian Federation “Justice”. At the end of the study, the author provides conclusions and proposes to adjust in the near future the judicial practice of application of preventive measures following appropriate explanations of the Plenum of the Supreme Court of the Russian Federation, taking into account the changes made to the Criminal Procedural Code of the Russian Federation by the Federal law of 18.04.2018 No. 72-FZ.

From State Law to Administrative Law and administrative process (To the 85th anniversary of the Sector of Administrative Law and administrative process of the Institute of State and Law of the Russian Academy of Sciences)

2021 ◽  
pp. 77
Author(s):  
Margarita N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Administrative Law ◽  
The State ◽  
State Law ◽  
Administrative Process ◽  
Scientific Staff ◽  
The Russian Federation ◽  
The Government ◽  
Academy Of Sciences

In 1936, the Institute of State Law of the USSR Academy of Sciences underwent an internal reorganization, as a result of which three sectors were formed, one of which was the public law sector. Since that time, the current Sector of Administrative Law and administrative procedure has its history. In the 20–30s of the XX century, the science of administrative law developed poorly, scientists were subjected to political repression for their scientific beliefs. In the mid-30s, the idea of the death of Administrative Law was even replicated. The leading positions were occupied by the science of management. Meanwhile, the scientific staff of the sector continued to develop the science of Administrative Law. With the beginning of the Great Patriotic War, many of them went to the front. The country noted their exploits with state awards. S.S. Studenikin became the first scientist who defended his dissertation for the degree of PhD in Law in Administrative Law (1940). In the 50–60s, in the Sector work was actively carried out to train young specialists in the field of Administrative Law. The name of the Sector has repeatedly changed, but service to the state and science remained unchanged. In the 60s, new directions of scientific research were formed at the Institute, reflecting the issues of strengthening Soviet democracy, forms and methods of people's participation in the leadership of the state and society, etc. The result of the fruitful work of the staff of the Sector was the publication of a number of monographs on Administrative Law. The political and economic transformations of the 80–90s could not but be reflected in the works of the scientific staff of the Sector. In the late 90s - early 2000s, the direction of research in the Sector changed towards the administrative process and the problems of automated control systems. In 2018, the Sector of Administrative Law and administrative process was established. Currently, the scientific staff of the Sector carries out fundamental, exploratory and applied scientific research on the conceptual problems of Administrative Law, administrative process and Financial, Tax, Budget Law. Actively participates in the work on the reform of administrative and tort legislation, legislation regulating control and supervisory activities, are members of the expert subgroups of the Government of the Russian Federation on the development of the draft of the new Administrative Code of the Russian Federation. During its 85-year history, the Sector has given the country and science a lot of honored scientists and honored lawyers, outstanding scientists who have left significant fruits of their scientific research that will be relevant and in demand for a long time.

Additional grounds for termination of an employment contract with the head of the organization: dismissal under paragraph 2 of Part 1 of Art. 278 of the Labor Code of the Russian Federation

2021 ◽  
pp. 672-679
Author(s):  
E.V. Krasnoyarova
Keyword(s):  
Russian Federation ◽  
Employment Contract ◽  
Legal Norms ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation

The article examines the additional grounds for termination of the employment contract with the head of the organization, gives examples of judicial practice, reveals contradictions in the application of specific legal norms, and also makes proposals for improving labor legislation.

scholarly journals Areas of concern in mediation as a way of corporate disputes settlement

2021 ◽  
Vol 118 ◽  
pp. 04016
Author(s):  
Tatiana Stanislavovna Korobeinikova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Scientific Research ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Research Results ◽  
Methodological Basis ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Areas Of Concern

The purpose of the study involves systemic identification, generalization of the issues of legal regulation of the mediation procedure in corporate disputes settlement based on summarizing judicial practice, scientific research and the regulatory framework. The analysis of judicial practice, statistical data, scientific publications, as well as deduction and synthesis are the methodological basis of the research. The use of these methods made it possible to characterize the mechanism and advantages of using mediation in the settlement of corporate disputes; to identify problems in the application of the mediation procedure; to propose measures for improvement of the legal regulation of mediation, its application in corporate disputes in the Russian Federation. The research results obtained during the analysis of judicial practice and statutory instruments regulating the use of mediation in corporate disputes made it possible for the author to identify a number of problems and possible solutions to them, which are included in the author’s proposals and can be used to improve Russian legislation in terms of corporate disputes settlement using mediation procedures. Moreover, it was substantiated by the author that mediation as a tool for a quick disputes settlement, the preservation of partnership relations after using the mediation procedure will be used more often in the event of a change in Russian legislation. The scientific novelty of the study lies in determining the possibilities of mediation in corporate disputes settlement within the framework of Russian legislation and identification of existing gaps in such regulation.

Features of the personal and professional formation of civil personal in the system of internal affairs bodies of the Russian Federation and ways of its optimization

2020 ◽  
Vol 5 (1) ◽  
pp. 94-112
Author(s):  
Erzhanat Kozhanov
Keyword(s):  
Russian Federation ◽  
Personal Development ◽  
Civil Servants ◽  
Practical Significance ◽  
Scientific Methods ◽  
Psychological Mechanisms ◽  
General Scientific ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Professional Formation

The relevance of the examination is due to the fact that the study of the characteristics of the personal and professional formation of civil employees in the system of the internal affairs of the Russian Federation will solve a number of urgent questions about the methods and possibilities for optimizing professional and personal development, about the psychological mechanisms for increasing labor efficiency. The object of research is the process of personal and professional formation of civil employees in the system of internal affairs of the Russian Federation. The subject of the study is the psychological mechanisms, factors, determinants of the personal and professional formation of civil employees in the system of internal affairs bodies of the Russian Federation and the possibilities of its optimization. Research methods: analysis and systematization of scientific and psychological literature on the research topic; general scientific methods of cognition (theoretical analysis, generalization, synthesis); questioning of civil servants of the system of internal affairs of the Russian Federation; statistical methods for processing the obtained data. The respondents were 120 persons, state civil employees (40 persons) and employees of the internal affairs bodies of the Altai Republic (40 persons), as well as students of the Academy of Management of the Ministry of Internal Affairs of Russia, who were heads of ATS units from various regions of the Russian Federation (40 persons. ) The scientific novelty of the study consists in expanding, supplementing and refining scientific views on the personal and professional formation of civil employees in the system of internal affairs of the Russian Federation and the possibilities for optimizing this process. The practical significance of the results consists in substantiating, firstly, the characteristics of the personal and professional formation of civil employees in the system of the internal affairs bodies of the Russian Federation; secondly, the main directions of optimizing the personal and professional formation of civil servants in the system of internal affairs bodies of the Russian Federation.

scholarly journals Payment of Fines for Administrative Offenses to the Budget in the System of the Ministry of Internal Affairs of Russia: Problems and Possible Solutions

REGIONOLOGY ◽  
2018 ◽  
Vol 26 (3) ◽  
pp. 606-623
Author(s):  
Svetlana S. Artemyeva ◽  
Vladimir V. Piskunov
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Comprehensive Approach ◽  
Annual Increase ◽  
Constituent Entity ◽  
Construction Methods ◽  
Dialectical Approach ◽  
Economic Method ◽  
The Russian Federation ◽  
Internal Affairs

Introduction. The annual increase in the number of identified administrative offenses requires more effective measures to administer payments. Improvement of the pro- cess of administering fines is relevant both for the development of internal affairs agencies and for the country’s economy as a whole. The purpose of the paper is to identify the problems arising when administering fines for administrative offenses and to suggest ways to solve them. Materials and Methods. A comprehensive approach to the problem under discussion was used together with the dialectical approach to the research results. The statistical and economic method, as well as the abstract-logical, monographic, calculation and construction methods of scientific research were also employed. Results. It has been revealed that the administration of fines for administrative of- fenses by the subdivisions of the Ministry of Internal Affairs of the Russian Federation following “their own” various methods has not been effective. Indicators have been determined that made it possible to improve the situation taking into account the passage of payments to budget accounts of the country’s budget system. Problems with receipt of payments to the budget of a constituent entity of the Russian Federation have been identified. Measures have been proposed to develop the mechanism for execution of payments of administrative fines imposed by the internal affairs agencies and to strengthen control over the reception of payments for administrative offenses. Discussion and Conclusions. The annual increase in the number of administrative offenses requires more effective measures to administer payments as this greatly affects the level of revenues in all the budgets in the country. The measures proposed by the authors to centralize the reception of payments and strengthen control over their receipt will help to avoid numerous complaints of people and organizations concerning recording the facts of payment of fines, as well as to reduce the burden on administrators of budget revenues and reduce to minimum unidentifiable payments.

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