Federal Legal Acts Containing Principles and Norms of Labour Law

2020 ◽  
Vol 1 ◽  
pp. 5-15
Author(s):  
V. V. Ershov ◽  
◽  
E. A. Ershova ◽  

The article researches theoretical and practical problems of federal legal acts containing principles and norms of labour law: Constitution of the Russian Federation, federal constitutional laws, federal laws, legal decrees of the President of the Russian Federation, legal decrees of the Government of the Russian Federation and legal acts of other federal bodies of state power.

2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  

The Constitution of the Russian Federation assigns to the President a leading role in the system of higher federal bodies of state power, which requires clear grounds and precise procedure for temporary exercise of presidential powers. The Constitution assigns the Chairman of the Government of the Russian Federation as the subject authorized to temporarily replace the President in all cases when he is unable to fulfill his duties. At the same time, the constitutional norms do not regulate the situation when the duties of the President cannot be performed either by himself or the Chairman of the Government. The article discusses the issues of subjects that in the above case are authorized to legitimately assume the temporary exercise of powers of the head of state, and concludes that it is necessary to improve the norms of the Constitution of the Russian Federation in terms of expanding the list of subjects for temporary exercise of duties of the President and introducing constitutional control over the transfer of presidential powers, and to improve the legislation norms and their implementation practice in terms of regulating the procedure for the temporary fulfillment of duties of the Chairman of the Government of the Russian Federation.


2021 ◽  
Vol 3 (3) ◽  
pp. 226-0
Author(s):  
Andrei Serebriakov

Rule-making on the regulation of science is actively developing. Every year, the state authorities adopt an administrative number of acts regulating various aspects of the activities of the scientific community. Often, documents introduce editorial changes, but some of them contain new provisions that significantly change the life of a scientist. For this reason, it is important to always be aware of the current state of the regulatory legal framework on the regulation of science, to understand the agenda of this process. The review contains information on the main regulatory legal acts on the regulation of the scientific and technical sphere for eight months of 2021. The documents are divided into groups according to their legal force: federal laws; decrees of the President of the Russian Federation; acts of the Government of the Russian Federation; departmental regulations of the Ministry of Science and Higher Education of the Russian Federation; recommendations of the Presidium of the Higher Attestation Commission of the Ministry of Education and Science of Russia.


Lex Russica ◽  
2021 ◽  
pp. 52-61
Author(s):  
S. V. Gunich ◽  
A. E. Stupnitskiy,

The paper expresses an opinion on the content of certain provisions and on the procedure for adopting amendments to the Constitution of the Russian Federation. Based on the analysis of the claims made against them by some categories of citizens, the directions of their further scientific understanding are determined. Proposals for improving a number of constitutional provisions are formulated. The authors focus on the consideration of the essence of the constitutional reform in terms of the redistribution of the powers of the head of state in the direction of strengthening popular representation in the formation of public authorities and the exercise of their functions. The study examines the formal consolidation and practical implementation of the competence of the President of the Russian Federation in relation to various branches of state power. Within the framework of the legislative function, it is noted that he is strengthening his position by gaining the opportunity to exert political influence on the senators of the Russian Federation, as well as using the institute of preliminary constitutional control. In the field of executive and administrative powers, the updated procedure for appointing members of the Government of the Russian Federation is considered in detail. Using the method of scientific modeling, the analysis of the influence of the houses of parliament on the process of formation of federal executive bodies is carried out. Based on this, it is concluded that the executive branch of state power is invariably dependent on the will of the President and that the constitutional provisions announcing the gradual transition of the Russian state to a parliamentary-presidential form of government are decorative. The authors express dissatisfaction against the denigration of the role of the Constitutional Court of the Russian Federation to protection of the Constitution, rights and freedoms of man and citizen. It is concluded that the powers of the head of state are developing in the direction of strengthening his political influence on the process of implementation by state bodies of their daily activities and their adoption of legal decisions.


2021 ◽  
Vol 17 (2) ◽  
pp. 42-52
Author(s):  
S. G. Eremin

Introduction: the article deals with the modern system of sources of financial law in Russia. This article proves that the system of sources of financial law is a complex, multi-level, hierarchical and dynamic formation characterized by a variety and specific diversity of elements, which is not arbitrary or random.Materials and methods. The methodological basis for this research is a set of methods of scientific knowledge: the analytical method, the method of synthesis and generalization of information. The study of this problem is based on the use of various methods of general scientific and special legal nature: dogmatic analysis, interpretation of legal norms, detailed study of the features of financial and legal documents, logical method, etc.Results. The analysis showed that the development of sources of financial law in Russia at the present stage is characterized by the presence of a three-level system: federal, regional and municipal levels, and the hierarchical sequence and their interaction is determined by the Constitution of the Russian Federation. The system of sources of financial law in Russia consists of: The Constitution of the Russian Federation, international treaties and international legal norms, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, orders of the Government of the Russian Federation, laws of the entities of the Russian Federation, decisions of local self-government bodies and other normative legal acts.Discussion and conclusion. As a result of the conducted research, it can be concluded that in order to systematize and logically complete the organization of the modern system of sources of financial law in Russia, it is necessary to adopt a single codified act regulating financial relations at various levels of the legal hierarchy.


Author(s):  
Butler William E

This chapter discusses Russia's standard procedures for entering into an international treaty. The 1969 Vienna Convention on the Law of Treaties and Russian international legal doctrine offer general guidance. In addition, certain requirements are imposed by the 1993 Russian Constitution, 1995 Law on treaties, edicts of the President and decrees or regulations of the Government, other federal laws, and subordinate legal acts of the Russian Federation. Aside from these, the chapter describes how, within a vast government, uniformity of approach and understanding is achieved with respect to treaty-making and how institutional memories are preserved with respect to past practices. As such, the chapter examines subjects ranging from the power to conclude treaties, to draft decisions and treaty proposals, to submissions to government, treaty signatures, and even the termination of a treaty's application.


2021 ◽  
Vol 128 ◽  
pp. 03010
Author(s):  
Dmitry Bagretsov ◽  
Boris Voronin ◽  
Elena Chebykina

The Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor), located in the structure of the Ministry of Agriculture of the Russian Federation, implements control and supervisory activities by a specially authorized state authority in the field of quality and safety of agricultural products, raw materials and food, checks legal entities and individual entrepreneurs in the implementation of their activities, compliance with its requirements, established by federal laws and other regulatory legal acts of the state executive authority in this area. Structural divisions of the Rosselkhoznadzor, for example, the Rosselkhoznadzor Administration for the Sverdlovsk Region, exist in the constituent entities of the Russian Federation. Specialists of this structure carry out functional control and supervisory measures to ensure the quality and safety of agricultural products produced in the Sverdlovsk Region and imported from other regions of the Russian Federation and abroad. Legal regulation of relations in this area is carried out by federal laws, resolutions of the Government of the Russian Federation and other regulatory legal acts that differentially regulate certain areas in the field of quality and safety of agricultural raw materials of plant and animal origin.


2021 ◽  
Vol 16 (6) ◽  
pp. 46-57
Author(s):  
A. O. Strelnikov

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.


Author(s):  
Georgii Pavlovich Kornev ◽  
Larisa Stepanovna Korneva

The subject of this research is the matters of reforming the federal structure of Russia in the aspect of unification and consolidation of the constituent entities of the Russian Federation that are under discussion in the current political discourse. The object this research is the transformation of the constituent structure of the Russian Federation based on the strategy of spatial development of Russia, federal legislative acts that laid the groundwork for the unification process, primarily the Federal Constitutional Law “On the Procedure of Admission into the Russian Federation and Creation of a New Constituent Entity". The authors explore such aspects of the topic as the results of unification processes of the constituent entities of the Russian Federation of 2003-2008, gaps in their legislative regulation, political errors and risks, including of ethnic nature, which impeded planned consolidation of the constituent structure of the Russian Federation, as well as strategy for the future unification processes. The novelty of the author's position is that the unification processes scenarios of the constituent entities of the Russian Federation are founded on the declared by the government “Strategy of Spatial Development of the Russian Federation until 2025”. The research methodology employs comprehensive interdisciplinary political, economic and legal approach. The drawn conclusions are related to the description of these scenarios, determination of the constitutional legal status of the new consolidated entity formed at the premises on an economic macroregion, considering such significant characteristics of the macroregion, as the number of constituent entities of the Russian Federation therein, size of their territories, population density, and peculiarities of the ethnic composition. It is proposed to fill the gaps in determination of the status of a constituent entity that ceased to exist as such and became a part of the consolidated entity by introducing amendments to the federal constitutional and current legislation without changing the fundamentals of the Constitution of the Russian Federation.


Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 73-75
Author(s):  
A. Y. Yakovlev ◽  

In this work the author explores the system of legal acts regulating corporate governance issues in joint-stock companies with the participation of the Russian Federation and subjects of the federation. The author builds the structure of external (codes, federal laws, decrees and orders of the President of Russia, decrees and orders of the Government of the Russian Federation, orders of state executive bodies, etc.) and internal acts (organization charter, regulations, etc.). Differences in legal support of corporate governance in state jointstock companies in comparison with private ones are highlighted in the paper


Author(s):  
A. Sungurov

The article examines the creation of the Civic Chamber of the Russian Federation (CCRF) and the evolution of its activities in the context of the social-political evolution in Russia during the last fifteen years. The Civic Chamber activities are analyzed using the authors’ conception of mediator-institutes. The Chambers’ activities are normatively based on three federal laws, therefore it is a serious element of the paternalistic model of interaction between the government and society in Russia. The gradual change of balance between ‘active’ and ‘loyal’ members of CCRF towards the ‘loyal’ part is noticed. This shift is a result of changes in the political regime as well as changes in the chambers’ membership. During the last seven years half of its composition is formed from the representatives of Civic Chambers of the subjects of the Russian Federation, who passed through double control for loyalty.


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