Specific Regulation of the Termination of the Employment Agreement on Remote Work: Problems in the Past and Estimation of the Present Times

2021 ◽  
Vol 7 ◽  
pp. 70-79
Author(s):  
V. V. Simonenko ◽  
Keyword(s):  
Law Enforcement ◽  
Comprehensive Analysis ◽  
Employment Relations ◽  
Remote Work ◽  
Scientific Discussion ◽  
The Past ◽  
Remote Employees ◽  
Employment Agreement ◽  
The Russian Federation ◽  
Specific Regulation

The author has arranged a comprehensive analysis of the law enforcement practice developed over the past 7 years on the issue of termination of remote employment agreement for based on the additional grounds provided for by the agreement. Conclusions were drawn based on this results that may form the base for further scientific discussion related to improvement of the current legislation still providing for the possibility of establishment of the contractual grounds for dismissal for particular employees. The article includes the analysis of the new specific regulation of termination of employment relations with remote employees based on the Art. 312.8 of the Labour Code of the Russian Federation.

ON THE NEED TO COLLECT, PRESERVE AND STUDY DISAPPEARED NAMES OF SETTLEMENTS

2020 ◽  
pp. 187-192
Author(s):  
S.A. Popov
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Historical Memory ◽  
Comprehensive Analysis ◽  
Local History ◽  
The Past ◽  
Cultural Systems ◽  
The Russian Federation ◽  
Time Periods ◽  
The Disappeared

The article deals with the problem of collecting, preserving and researching the disappeared names of localities in the subjects of the Russian Federation, which for centuries have become an integral part of the historical and cultural heritage of the peoples of our country. The author believes that only a comprehensive analysis of the past oikonyms in nominational, lexical-semantic, historical-cultural, historical-ethnographic, local history aspects will restore the linguistic and cultural systems of different time periods in different microareals of the Russian Federation. The author comes to the conclusion that in order to preserve the historical memory of the disappeared names of geographical objects, local researchers need the support of regional state authorities and local self-government.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

Interrogation of foreign citizens: Criminal procedure and psychological aspects

2019 ◽  
Vol 4 (4) ◽  
pp. 57-67
Author(s):  
Madina Makarenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Literature ◽  
Criminal Procedure ◽  
Psychological Aspects ◽  
Average Decrease ◽  
The Past ◽  
The Russian Federation ◽  
Psychological Features

The possibility of illegal movement of foreign citizens from countries of residence across state borders to the territory of the Russian Federation has led to the fact that most of them have been criminally active in recent years. Over the past three years, the rate of crimes committed by foreign citizens and stateless persons has not significantly decreased (an average decrease of 6% per year). Based on an analysis of the scientific literature and law enforcement practice, the article discusses some criminal procedural, psychological and other features of interrogation of foreign citizens in criminal investigations. The following features and factors that influence the conduct of interrogations with the participation of foreign citizens are highlighted as necessary: the legal status of a foreign citizen, including the presence or absence of legal immunity or citizenship; language barrier, a complex of ethno-social, ethno-cultural and psychological features of its existence and development.

Temporarily or partially remote work: law enforcement lessons

2020 ◽  
pp. 70-80
Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Labor Relations ◽  
Legal Regulation ◽  
Remote Work ◽  
Federal Law ◽  
Employment Contract ◽  
Remote Workers ◽  
The Russian Federation ◽  
Further Development

The article considers the state’s initiatives for the further development of remote forms of labor relations. The features of providing medical care in a remote format are considered. Comparative analysis: draft decree of the RF Government “On peculiarities of legal regulation of labor relations in 2020” from 27.05.2020 and draft Federal law “On introducing amendments to article 57 of the Labor code of the Russian Federation” dated 02.06.2020 offering to regulate temporary and partial shift on the remote (remote) work; the main provisions of the employment contract and the peculiarities of employment contract for remote workers.

scholarly journals General Causes and Some Types of Fraud Committed With the Use of Information and Telecommunication Technologies in the Russian Federation

2020 ◽  
pp. 28-31
Author(s):  
Olga V. Khanineva ◽  
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Russian Federation ◽  
Law Enforcement Officers ◽  
Communication Technologies ◽  
The Internet ◽  
Communication Services ◽  
The Past ◽  
Information And Communication ◽  
The Russian Federation

The article describes the main reasons for the increase in the number of registered frauds committed in the Russian Federation over the past 4 years and provides examples of the most common types of fraud committed with the use of information and telecommunication devices. The author analyzes the reasons for committing frauds using communication facilities and information and communication technologies, with the focus on their types, ways of commission, categories of citizens most susceptible to these crimes. The author lists the most common types of fraud and their nature and proposes improvements for further activities of law enforcement officers to promote cooperation with other organizations involved in transferring and storing funds of citizens (banks) and providing communication services via the Internet (providers, companies of cellular operators) with the aim to curb the growth of crimes and achieve the highquality prevention and protection of information about citizens and their funds.

scholarly journals Transfer of an Employee to Another Job in Accordance with a Medical Report

2021 ◽  
Vol 2 ◽  
pp. 48-54
Author(s):  
O.A. Paryagina ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Employment Relations ◽  
Work Injury ◽  
Medical Report ◽  
Medical Opinion ◽  
Health Related ◽  
The Russian Federation ◽  
Made In

The position of the Constitutional Court of the Russian Federation on the constitutionality of article 73 of the Russian Labour Code on the transfer of an employee to another job in accordance with a medical report has been investigated. On the basis of an analysis of law enforcement and jurisprudence, the need for some improvement in the legal regulation of the transfer was made in order to ensure the health and employment of workers. In the case of the employer’s absence from the relevant job, it is proposed to provide for payment of the period of removal of the employee from work for health reasons as downtime for reasons beyond the control of the employer and the employee. Measures to eliminate problems related to the determination, interpretation or disregard of medical opinions by employers on the transfer of an employee to another work for medical reasons have been identified. Taking into account the foreign experience of legal regulation of procedures for changing and terminating employment relations, the idea of establishing in article 73 of the Russian Labour Code is advocated the period during which the employer is obliged to resolve the issues arising from the obligatory transfer of a suspended employee to another job in accordance with the medical report. It is considered appropriate to regulate the conditions of the analyzed transfer of workers to work in another area, to provide with the assistance of the employment authorities additional guarantees when transferring to persons who have suffered as a result of work injury, occupational disease or other damage to health related to work. The conclusion is based on the urgency of the obligation in the courts to prove the legality of termination of the employment contract in the event of refusal of the employee to transfer to other work, necessary for him in accordance with the medical opinion, or the absence of the employer of the appropriate work.

scholarly journals Atonement of harm as an indicator of changes in the legal consciousness of the person who committed a credit fraud

2021 ◽  
Vol 118 ◽  
pp. 03024
Author(s):  
Sona Martirosovna Mkrtchian ◽  
Lyubov Valentinovna Lobanova ◽  
Larisa Nikolaevna Larionova
Keyword(s):  
Law Enforcement ◽  
Criminal Behavior ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Legal Consciousness ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Antisocial Attitudes ◽  
First Time

The idea of this study is based on the assumption that the reason for the unjustified application of the criminal law provisions on accounting by law enforcement agencies when punishing various variants of positive post-criminal behaviour, which are varieties of atonement of the harm caused by a crime, is a lack of attention to the nature of atonement as one of the indicators of positive changes in the legal consciousness of a person who has committed a crime, that is, an insufficiently thorough assessment of the characteristics of the personality of the perpetrators, the degree of rooting of antisocial attitudes in their minds, as well as the level of assimilation of legal values and ideals of law-abiding behaviour. The purpose of the study is to identify and study the aspects of the content of the term “atonement of harm” in the meaning provided for in clause “k” part 1 of Art. 61 of the Criminal Code of the Russian Federation, taking into account the interpretation of the corresponding varieties of positive post-criminal behavior as an indicator of a change in the legal consciousness of a person who has committed a credit fraud. The study is based on the widespread use of the formal legal research method in conjunction with the philological, systemic and logical methods of interpreting regulations. A comprehensive analysis of the content of various types of atonement of the harm caused by a crime as the indicators of positive changes in the legal consciousness of a person who committed credit fraud was carried out for the first time. The results of this study can be used to improve the practice of application of criminal-legal means of accounting for positive post-criminal behavior in the form of atonement when imposing punishment not only on credit fraudsters, but also on persons who have committed other crimes. The author’s concept of the criteria that form the content of the varieties of making amends is presented herein.

scholarly journals Application of the civil law institution of pre-contractual liability to labor relations

2021 ◽  
pp. 99-116
Author(s):  
Elena Olegovna Belozerova ◽  
Aleksandr Andreevich Zaria
Keyword(s):  
Labor Relations ◽  
Civil Law ◽  
The Other ◽  
Employment Relations ◽  
Bad Faith ◽  
Legal Relation ◽  
Labor Legislation ◽  
Employment Agreement ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.

scholarly journals Recovering financial sustainability of debtors: present-day legislative development trends

2021 ◽  
Vol 118 ◽  
pp. 04008
Author(s):  
Andrey Leonidovich Belousov ◽  
Vandan-Ish Amarsanaa
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The Past ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
Business Entities ◽  
Market Relations ◽  
Significant Support ◽  
Comprehensive Study

The purpose of the research is to study the problems rooted in the development of relations in the sphere of bankruptcy in the Russian Federation, connected with the inefficiency of procedures aimed at financial rehabilitation of business entities, as well as to identify the main directions for further changes in the legal regulation of this area. The methodological basis was based on the application of such research methods as logical and structural analysis, systemic-functional approach, formal legalistic method. The research resulted in the disclosure of substance, features and legal regulation of such an important mechanism of market relations as a bankruptcy. As part of the research, the authors present the evaluation of law enforcement practice based on the norms of the current legislation on insolvency. A particular result of its regulatory impact is cumulatively assessed. The key problems of the law enforcement practice that has been formed within the past 20 years, as concerns the sphere of insolvency of business entities, have been formulated. The further directions of changes in legal regulation with regard to the relations in the sphere of bankruptcy in the Russian Federation have been outlined. It was concluded that, in the current situation, a change of approaches to the current bankruptcy system in favour of extending the use of rehabilitation procedures can provide significant support to businesses facing a difficult financial situation. The novelty of the research lies in a comprehensive study of the problems connected with the inefficiency of rehabilitation procedures, and in the formulation of concrete proposals for improving the legal environment in the sphere of bankruptcy.

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