scholarly journals Specific Features of Certain Aspects of a Delivery Contract for the State and Municipal Needs in the System of the Government Order in the Russian Federation

2019 ◽  
Vol 8 (4) ◽  
pp. 11534-11538
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
National Welfare ◽  
The Russian Federation ◽  
The Government ◽  
Civil Contract ◽  
Welfare Fund

The article is devoted to the analysis of certain aspects of a modern contract of goods delivery for the State and municipal needs, the legal significance of the contract of delivery in the system of the Government Order. The contract of delivery is an essential part of the execution of the State and municipal contract, i.e. the contract concluded on behalf of the Russian Federation Government, any subject of the Russian Federation or municipal settlement with governmental or municipal customer to provide state or municipal needs respectively. By this time there are still serious disputes concerning the role of the delivery contract for the State and municipal needs as a type of civil contract, as well as in the legal regulation and maintenance of the governmental and municipal contract. The significance of matters mentioned is connected with the fact that the Government Order carried out by means of a delivery contract not only meets State and municipal needs but can be also regarded as the basis for running target programs of budget and extra-budgetary financing, as well as the formation of the National Welfare Fund

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

scholarly journals Problems of Legal Regulation of Changes in the Types of Land Plot Permitted Use in the Conditions of Abolition of Land Division into Categories

2021 ◽  
Vol 1 ◽  
pp. 28-34
Author(s):  
Galina L. Zemlyakova ◽  
Keyword(s):  
Urban Planning ◽  
Direct Instruction ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Current Version ◽  
Land Plot ◽  
The Russian Federation ◽  
The Government ◽  
Near Future

The article deals with the problems of the Institute of urban planning zoning, including those arising from changes in the types of permitted use of land plots in terms of the possible introduction of territorial zoning instead of dividing land into categories. Despite the fact that the bill on the abolition of land categories was never adopted by the State Duma, nevertheless, the President of the Russian Federation has repeatedly pointed out the need for such a law in his instructions to the Government of the Russian Federation. Due to the fact that according to the Constitution of the Russian Federation in the current version, the instructions of the President of the Russian Federation are a direct instruction to the Government of the Russian Federation, the author believes that in the near future the issue of the abolition of land categories will become relevant again. However, in order for such a law to be adopted and not cause a serious blow to the system of land turnover, the existing institution of urban zoning must be perfectly verified.

scholarly journals Strategic documents to define the role of the libraries

2019 ◽  
pp. 21-30
Author(s):  
E. N. Guseva
Keyword(s):  
Russian Federation ◽  
Cultural Policy ◽  
Action Plan ◽  
The State ◽  
Whole Body ◽  
Federal State ◽  
Retail Sector ◽  
The Russian Federation ◽  
The Government

Currently, the creation of strategic documents and the implementation of the action plan to achieve the goals and objectives set out in such documents is widespread among large business companies, both manufacturing and mining sectors, the retail sector, as well as elevated to the rank of mandatory for corporations with state participation, Federal state unitary Enterprises and a number of similar organizations. Such requirements are imposed on a number of sectors of the economy, and the cultural sector, where there are two documents of strategic goal – settingthe Basis of the state cultural policy and the Strategy of the state cultural policy, has not escaped this.It is important that these strategic planning documents, which represent a whole body of normative legal acts defining the goals and directions of the country's development, are of significant legal significance, as they are approved by the Decrees of the President of the Russian Federation or by resolutions and orders of the Government of the Russian Federation, which, in particular, means that they are binding.The article is devoted to the analysis of approaches to the definition of the role of libraries presented in various strategic documents of the Federal level, approved in recent years, which in a General sense can be considered clearly formulated "state order" for the implementation of which the activities of public libraries of the country should be focused in the coming years and in the long term.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy

2020 ◽  
pp. 22-36
Author(s):  
Irina Aleksandrovna Chebotareva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Public Authority ◽  
Federal Legislation ◽  
Special Importance ◽  
New Strategy ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

scholarly journals Prospects for Improving Responsibility of the Government of the Russian Federation before the Parliament of the Russian Federation under Constitutional Law

2021 ◽  
Vol 16 (6) ◽  
pp. 46-57
Author(s):  
A. O. Strelnikov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Responsibility ◽  
Russian Government ◽  
Improvement Measures ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Government ◽  
The Right

The paper is devoted to the study of the institution of constitutional and legal responsibility of the Government before the Parliament in Russia at the present time. In connection with the implementation of the Constitutional Reform in 2020, the author notes that the legislator has taken the path of strengthening the role and importance of the Parliament in terms of monitoring the activities of the Government. Nevertheless, the main drawback of the current legislation is still the lack of real sanctions that the Russian Parliament can apply independently in relation to the Russian Government or its individual members. Therefore, the author proposes a number of new sanctions, as well as a number of measures aimed at improving the existing mechanisms for applying sanctions of constitutional responsibility. In particular, it is proposed to introduce the right of the State Duma of the Russian Federation to present its own nominees for vacant positions in the Government, the approval of which is under the authority of the State Duma of the Russian Federation, to enable the State Duma to independently release individual members of the Government from positions approved by it. In addition, it is proposed to improve the procedure for expressing a vote of no confidence in the Government by the State Duma, namely, to introduce the obligation of the President of the Russian Federation to dismiss the Government of the Russian Federation in the event that the State Duma re-expresses no confidence in the Government within three months. It is also proposed to increase the role of the Council of Federation of the Russian Federation by introducing the power of this body not only to consult with the President of the Russian Federation, but to approve the corresponding candidacies of federal ministers proposed to this body by the President of the Russian Federation. The author notes that the proposed improvement measures will increase the effectiveness of the implementation of a number of federal laws regulating the parliamentary responsibility of the Government of the Russian Federation.

scholarly journals THE CONSTITUTIONAL COURT IN THE SYSTEM OF JURISDICTIONAL BODIES (OF GODLY SINS OF CONSTITUTIONAL JUSTICE)

2017 ◽  
pp. 0-0
Author(s):  
Николай Бондарь ◽  
Nikolay Bondar
Keyword(s):  
Russian Federation ◽  
World Order ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Special Role ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Law ◽  
The Government

Analyzing the place and role of the Constitutional Court of the Russian Federation in the institutional system of national and supranational jurisdictions, there is the author’s approach to the study of this institution in particular through the prism of the so-called constitutional paradoxes (“godly sins”) of the constitutional justice. Among them: legal involvement of the Constitutional Court of the Russian Federation in the resolution of important constitutional questions at the intersection of law and policy; entering into the system of justice and at the same time transcending it as the trial of the government and the law; the legal force of the final acts, which are not laws, can be above the law; the stability of the Constitution in conjunction with socio-historical dynamism, the problems of guaranteeing its supremacy in collaboration with supranational jurisdiction, the need to ensure by the constitutional justice of the Constitutions’ supremacy in collaboration with the international-legal regulation and supranational jurisdictional practices. The article explains that the status characteristics of the national organs of constitutional justice, manifested in the contemporary world order and in relations with bodies of international jurisdiction, have a constitutional good nature and serve as a confirmation of the special role of these bodies in the justice system in modern constitutional democracies.

scholarly journals Tendencies of the Legal Regulation of the Interaction between the President of the Russian Federation and the Government of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 37-40
Author(s):  
Elena Yu. Kireeva ◽  
◽  
Lidia A. Nudnenko ◽  
Lyudmila A. Tkhabisimova ◽  
◽  
...  
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
A Priori ◽  
Legal Regulation ◽  
The State ◽  
Executive Power ◽  
Residence Permit ◽  
The Russian Federation ◽  
The Government ◽  
The Right

The article analyzes the amendments to the Constitution of the Russian Federation “Оn improving the regulation of certain issues of the organization of public power”. It is argued that the imposition of restrictions to replace the state and municipal posts, posts of state and municipal services associated with the presence of foreign citizenship or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state will not provide the “nationalization of the elites” because such a limitation is not provided for family members of the listed officials. Without this, the amendment is meaningless. The article doubts the feasibility of transferring the function of determining the main directions of domestic and foreign policy to the State Council, which by its status and composition belongs to the Executive bodies of state power. A priori, Executive power is secondary to representative power. Therefore, the Federal Assembly of the Russian Federation, in cooperation with the President of the Russian Federation, should have priority in shaping the main directions of domestic and foreign policy.

scholarly journals Legislative regulation improvement of health protection in the context of the COVID-19 epidemic

2020 ◽  
Vol 11 (2) ◽  
pp. 74-86
Author(s):  
D. A. Morozov ◽  
D. V. Vtorushin ◽  
A. A. Polutsigan ◽  
G. I. Seleznev
Keyword(s):  
Russian Federation ◽  
Well Being ◽  
Legal Regulation ◽  
The State ◽  
Health Protection ◽  
Equipment Construction ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Special Health

The experience of the health protection legal regulation during the spread of a new coronavirus infection (SARS-CoV-2) is presented. The key areas that required a number of state decisions to ensure the sanitary and epidemiological well-being of the Russian Federation and the protection of citizens are outlined: assigning the Government of the Russian Federation and State authorities of the Russian Federation subjects the authority to regulate special health protection; introducing responsibility for non-compliance with the rules of conduct in an emergency or threat of its occurrence; providing citizens with medicines, medical devices and personal protective equipment; construction, re-profiling and financing of medical organizations; support for medical workers, implementation of incentive payments. The review is based on the analysis of normative legal acts adopted by legislative and Executive authorities at all levels, their interaction, as well as the work carried out by the State Duma, the State Duma Committee on health protection, and parliamentary control. The proposals of the State Duma Committee on health protection on further improvement of the legislation of the Russian Federation in the field of health protection are reflected.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

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