Some Issues of Administrative Responsibility for Violation of Disabled Rights in Russia

2021 ◽  
Vol 2 ◽  
pp. 20-26
Author(s):  
O. A. Taran ◽  
Keyword(s):  
Russian Federation ◽  
Social Protection ◽  
People With Disabilities ◽  
Legal Regulation ◽  
Social Infrastructure ◽  
Federal Law ◽  
Persons With Disabilities ◽  
Limited Mobility ◽  
The Russian Federation ◽  
Administrative Responsibility

The definition of «social protection of persons with disabilities» is contained in the Federal Law «On Social Protection of Persons with Disabilities in the Russian Federation», which means a system of economic and legal measures, as well as social support measures that are guaranteed by the state, and are aimed at providing people with disabilities with conditions to overcome and replace restrictions life, and also aimed at creating equal conditions with other citizens and opportunities for participation in society. Since ratification, the UN Convention on the Rights of Persons with Disabilities, the Russian Federation has undertaken to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transport, as well as to other facilities and services open or provided to the public, as appropriate normative legal acts. At the same time, in the Russian Federation there is no normative legal act containing a clear mechanism for implementing measures aimed at adapting social infrastructure facilities to ensure unhindered access for people with disabilities and other people with limited mobility, which allows officials to evade the implementation of measures creation. The purpose of this study is to study and analyze the legal regulation of the basic rights of persons with disabilities and administrative responsibility for their violation. To achieve this goal, the following tasks were set. Firstly, to analyze the judicial practice for dealing with complaints regarding the implementation of the rights of persons with disabilities. Secondly, to establish typical shortcomings in the consideration of these complaints and determine the causes of their occurrence. The study was carried out using the methods of materialistic dialectics, statistical, comparative, as well as formal legal. The study revealed the shortcomings of legal regulation in the field of protection of the rights of persons with disabilities, as well as formulate recommendations for addressing these shortcomings.

scholarly journals Analysis of Regional Policy in Support of Persons with Disabilities

2019 ◽  
Vol 9 (3) ◽  
pp. 103-105
Author(s):  
A. ​Z. Seidalin
Keyword(s):  
Russian Federation ◽  
Social Protection ◽  
People With Disabilities ◽  
Healthy Person ◽  
Persons With Disabilities ◽  
Stage Of Development ◽  
The Social ◽  
The Russian Federation ◽  
Self Service ◽  
Regional Authorities

According to the WHO “World Report on Disability 2011”, there are more than a billion people with disabilities worldwide. At the current stage of development of the social state in the Russian Federation, one of the most priority issues is to ensure socialisation, integration into society and comfortable living for people with disabilities. A disabled person, according to the legislation of the Russian Federation, is a person who has health disorders that cause the need for social protection due to life restrictions associated with injuries, diseases and/or defects. At the same time, the limitations of vital activity mean the loss of several functions possessed by a healthy person: self-service, independent movement, the ability to communicate, orientation in space, control of their behaviour, learning, employment and other activities. This article is aimed at studying the measures taken by the regional authorities to support the integration of persons with disabilities into society.

Rehabilitation equipment

2020 ◽  
pp. 46-55
Author(s):  
Konstantin Gulyabin
Keyword(s):  
Russian Federation ◽  
Hearing Aids ◽  
Information Exchange ◽  
Social Protection ◽  
Federal Budget ◽  
Federal Law ◽  
Work Activity ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Russian Federation

Technical means of rehabilitation (TMR) include special devices and mechanisms are intended to compensate or completely eliminate persistent disabilities in individuals with limited physical and mental capabilities and aimed at normalizing physical and work activity. They include special means for self-care and care, means for orientation in space, devices for communication and information exchange, materials for training and education, as well as devices for engaging in work activities. Rehabilitation equipment also includes all types of prostheses, orthopedic shoes and special clothing, eye prostheses and hearing aids, special sports equipment and sport outfit, as well as mobility aids (wheelchairs). They all have a single purpose, which is to facilitate the daily life of handicapped people and people with disabilities. Provision of this category of persons with technical means of rehabilitation is carriedout on the basis of individual programs. Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Persons with Disabilities in the Russian Federation” guarantees free provision of technical rehabilitation means at the expense of the federal budget to the disabled people [6] in the Russian Federation.

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.

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.

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.

scholarly journals Concerning certain issues of legal regulation, goal-setting, management and work of the bank of Russia

2019 ◽  
pp. 66-80
Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov
Keyword(s):  
Central Bank ◽  
Goal Setting ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
State Governance ◽  
The Russian Federation ◽  
Federal Laws ◽  
Working Out ◽  
Reserve System

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

scholarly journals Some aspects of legal regulation of medical secrecy in the Russian Federation

2018 ◽  
Vol 99 (3) ◽  
pp. 527-530
Author(s):  
G M Khamitova ◽  
D V Khamitova
Keyword(s):  
Russian Federation ◽  
Information Transfer ◽  
Legal Regulation ◽  
State Of Health ◽  
Federal Law ◽  
Medical Organization ◽  
Voluntary Consent ◽  
The Russian Federation ◽  
New Form ◽  
Close Relatives

Aim. To propose the development of a new form of informed voluntary consent, taking into account the legal regulation of medical secrecy. Methods. When performing the study, analytical method was used. The analysis of the mechanism of obtaining information about the patient was performed, including the study of a number of laws governing the transfer of information to the third parties without the patient's consent. Results. It was found that the patient's relatives can not be provided with information about the course of the disease and its treatment, unless the patient has previously signed a voluntary consent to transfer the information. The basis for such refusal is Article 13 of Federal Law No. 323-FZ issued on November 21, 2011 (as amended on July 29, 2017) «On the Fundamentals of Health protection of Citizens in the Russian Federation», which establishes the conditions under which information about patient's health can be transferred. This article examines the problem of violation in the field of disclosure of medical secrets, as well as the rights of patient's close relatives to obtain information about his or her state of health. The need to refine the mechanisms of obtaining information, which is a medical secret, is revealed and justified. Conclusion. Based on the review of laws regulating the procedure of information transfer, the authors propose the development of a new form of consent for disclosure of the patient's information about his state of health, which must necessarily be provided to the patient when contacting a medical organization, which in the future will significantly simplify the legal doctor-patient relationships.

To the question about problems in the fi eld of vocational rehabilitation of the disabled

2020 ◽  
pp. 12-23
Author(s):  
Y. A. Kulikova ◽  
A. V. Kornienko ◽  
G. V. Jukevich
Keyword(s):  
Vocational Rehabilitation ◽  
Russian Federation ◽  
Social Protection ◽  
Disabled Persons ◽  
Rehabilitation Program ◽  
The State ◽  
Disabled People ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Russian Federation

The article deals with issues related to the problem of vocational rehabilitation of disabled people. The competence of the Russian Federation in the fi eld of rehabilitation of disabled persons in the person of its Federal authorities and management, subjects of the Russian Federation and local self-government bodies is specifi ed. The content of such concepts as "services for professional rehabilitation of disabled people" in accordance with the state standard GOST R 53873-2010 Rehabilitation of disabled people is disclosed. Professional rehabilitation services for the disabled; "professional rehabilitation program" and "options for professional rehabilitation". Despite the fact that professional rehabilitation and adaptation in the workplace is an integral part of the state policy in the fi eld of social protection of persons with disabilities, there are many unresolved problems and diffi culties in this area.

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