scholarly journals Anti-terrorist commissions in the constituent entities of the Russian Federation: activities, problems of legal regulation and ways of improvement (on the example of St. Petersburg)

2021 ◽  
Vol 2021 (4) ◽  
pp. 181-187
Author(s):  
Konstantin Indyk
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Normal Functioning ◽  
Administrative Practice ◽  
The Russian Federation ◽  
Single Standard ◽  
Goals And Objectives

In the article the author considers issues of legal regulation and activities of anti-terrorist commissions in the regions of the Russian Federation (hereinafter ATC). The article draws attention to the imperfection of the legislation that impedes normal functioning of the ATC in the regions, and proposes measures to improve the legislation and measures to optimize the mechanism for implementing goals and objectives of the ATC, including the field of interdepartmental interaction. In order to bring the norms governing the issues of antiterrorist security of objects to a single standard, the author proposes to systematize some acts of the executive authorities through consolidation. In order to improve the practice of bringing to administrative and disciplinary responsibility for failure to comply with decisions of the ATC of St. Petersburg and instructions of its staff, the author proposes a number of legal and organizational measures. As a result, the author concludes that improving the work of ATC in the regions should be carried out in three main directions: improving regulatory regulation, increasing the professional level of ATC employees, improving the results of administrative practice, including the exchange of experience between regional ATC.

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.

scholarly journals Legal Regulation of Public Control Institution: International and Foreign Experience

2019 ◽  
pp. 155-171 ◽  
Author(s):  
V. V. Goncharov
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Control ◽  
Foreign Experience ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of ◽  
Control Institution ◽  
Goals And Objectives

The paper is devoted to the analysis of the limits and the possibility of using international and foreign experience of its organization and functioning in optimizing the institution of public control in the Russian Federation. The author defines the concept of public control in the Russian Federation. The necessity of using international and foreign experience in the organization and functioning of the institution of public control in the process of optimizing this institution of civil society in Russia in the following areas is substantiated: 1) regarding the formulation of the concept of the institution of civil society control over public authority; 2) in terms of its consolidation in regulatory legal acts; 3) by definition of its basic principles, goals and objectives; 4)on consolidation of the list of objects in respect of which control is exercised; 5) on the development and implementation of the main forms and methods of this control; 6) to institutionalize the diversity of its subjects, as well as their authority. In this regard, a number of amendments and additions to the current legislation of the Russian Federation regulating issues of public control are proposed. The author applies a number of methods of scientific research, in particular: historical, comparative legal, and formal logical analysis. This will not only solve modern problems that arise during the organization and functioning of public control in the Russian Federation, but also ensure its full development as a promising civil society institution. The paper proposes a number of changes and additions to the current legislation of Russia, regulating issues of public control. The results can be used both in educational and scientific, and in practical activities, including in lawmaking.

scholarly journals Continuation of discussion on administrative responsibility of trustee in bankruptcy in light of preparation of the project of new Code of Administrative Offences of the Russian Federation

2020 ◽  
pp. 1-18
Author(s):  
Andrey Vinnitskiy
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
State Control ◽  
Legal Doctrine ◽  
Administrative Practice ◽  
The Russian Federation ◽  
State Registration ◽  
The Right ◽  
Extended Interpretation ◽  
Administrative Responsibility

The subject of this research revolves the around the normative precepts pertaining to administrative responsibility of bankruptcy trustees (Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation) in their systemic relation with other articles of the Code, regulatory norms of legislation on bankruptcy, as well as relevant provision of the legal doctrine. The author studies, generalizes and critically analyzes the vast case law of arbitration courts on the most important issues of administrative responsibility of bankruptcy trustees. The work employs the administrative practice of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The conducted research allows making the following conclusions pertaining to administrative responsibility of bankruptcy trustees: 1) need for introduction of the concept of abuse of the right to initiate administrative prosecution of trustees; 2) impermissibility of the circumvention by the Rosreests authorities of the legislation on state control through the institution of administrative prosecution; 3) impermissibility of the frequently used extended interpretation of the Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 4) reasonableness of clarification of the element of redundancy pertaining to the Part 3 .1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 5) fundamental impermissibility of the “mitigating requalification” of the act from the Part 3.1 to the Part 3 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation. The conclusions are extrapolated to adjoining elements of administrative violations.  The author proposes consideration of the discovered general flaws of legal regulation in the context of work being conducted on preparation of the project of new Code of Administrative Offences of the Russian Federation.

scholarly journals FEATURES OF LEGAL REGULATION OF FIRST AID IN EMERGENCY SITUATIONS

2019 ◽  
Vol 62 (5) ◽  
pp. 265-273
Author(s):  
Ilya G. Vetlugin ◽  
A. Yu. Zakurdaeva ◽  
L. I. Dezhurnyy ◽  
V. E. Dubrov ◽  
Yu. S. Shoygu ◽  
...  
Keyword(s):  
Russian Federation ◽  
Training Programs ◽  
Legal Regulation ◽  
First Aid ◽  
Normative Documents ◽  
Emergency Situations ◽  
Regulatory Documents ◽  
The Russian Federation ◽  
Single Standard ◽  
Insight Into

The article considers legal and regulatory of the Russian Federation framework issues of first aid treatment in an emergency. The authors provide insight into the basic normative documents that determine the powers of personnel admitted to the emergency zone including military and State Fire-Fighting Service personnel, members of accident rescue units and services. As a result of the analysis of regulatory documents, the authors come to the conclusion that it is necessary to bring the existing regulatory framework in line with a single standard, legislatively expand the range of authority of the relevant personnel in providing emergency care, and to prepare training programs for personnel in emergency situations.

scholarly journals Questions to the Domestic Practice of Inter-Budgetary Regulation in the Pandemic Situation of 2020

Federalism ◽  
2021 ◽  
pp. 84-114
Author(s):  
О. V. Morozov ◽  
А. G. Biryukov
Keyword(s):  
Russian Federation ◽  
Federal Budget ◽  
Legal Regulation ◽  
New Order ◽  
The Russian Federation ◽  
Domestic Practice ◽  
Additional Support ◽  
High Level ◽  
The Relationship ◽  
Goals And Objectives

In the context of the development of the pandemic in 2020, the federal budget and subnational budgets of the Russian Federation were executed with significant deviations from the indicators and norms approved by the relevant laws and decisions. Certain provisions of the Budget Code of the Russian Federation were suspended. A mechanism for flexible execution of budgets has been formed. Its use led to a significant increase in budget expenditures and the federal budget deficit, despite the fact that the current law on the federal budget determined a high level of its surplus. The subjects of the Russian Federation and municipalities in the conditions of the pandemic formed a new order for additional financial resources, the amount of which was specified and changed during 2020. These circumstances affected the level of budget security of the consolidated budgets of the constituent entities of the Russian Federation and caused a radical increase in inter-budget transfers compared to 2019. To assess the effectiveness of decisions in the field of inter-budget regulation implemented in 2020, a general analysis of the conditions of legal regulation, as well as the timing and consequences of the distribution and provision of inter-budget transfers from the federal budget to the budgets of the constituent entities of the Russian Federation was carried out. A methodology is proposed and a factor analysis of the relationship between the volume of federal support and the needs of the regions in obtaining it is carried out. The results of the evaluation indicate both that there is no strict correlation between them, and that additional support was not accompanied by the setting of appropriate goals and objectives, and the timely preparation of a methodology for allocating resources. The proposed methodology for assessing the mechanisms and results of the distribution of financial assistance for each subject of the Russian Federation has shown its effectiveness and can be recommended for its application in future periods. 

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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