THE QUESTION OF LEGAL STIMULATION THE OF TREATMENT BY HIV-INFECTED PRISONERS IN THE PLACES OF LIBERTY DEPRIVATION

Author(s):  
Дмитрий Михайлович Адылин

В настоящее время эпидемиологическая ситуация распространения ВИЧ-инфекции остается осложненной за счет постоянного роста числа новых случаев заражения и высокого риска смерти от заболеваний, ассоциированных с ВИЧ-инфекцией, и СПИДа. Также остается напряженной обстановка распространения ВИЧ-инфекции среди особо уязвимых к заражению групп населения, к которым в соответствии со стратегией противодействия распространению ВИЧ-инфекции в Российской Федерации на период до 2020 г. относятся осужденные и лица, содержащиеся в местах принудительной изоляции от общества. При этом положения данной стратегии указывают на несоответствие современным требованиям обеспечения населения мерами по профилактике, оказанию медицинской помощи, социальной адаптации и реабилитации, а также социальной поддержке при ВИЧ-инфекции. Поэтому существует необходимость решения данных проблем путем внесения изменений в законодательство Российской Федерации для реализации прав и законных интересов ВИЧ-инфицированных, а также защиты человека, общества и государства от распространения данного заболевания. Одной из задач государства в сфере профилактики распространения ВИЧ-инфекции, в том числе в местах лишения свободы, является увеличение охвата ВИЧ-инфицированных лиц антиретровирусной терапией. Согласно результатам нашего исследования лишь около 30 % осужденных ВИЧ-инфицированных осужденных доверительно относятся к применению антиретровирусной терапии. При этом в уголовно-исполнительном законодательстве отсутствуют диспозитивные нормы, стимулирующие прохождение лечения, что в рамках государственной политики в сфере противодействия распространения ВИЧ-инфекции является упущением. С целью решения обозначенных проблемных вопросов автором предложены меры по стимулированию прохождения лечения осужденными к лишению свободы как в период отбывания наказания, так и после освобождения. Currently, the epidemiological situation of the spread of HIV infection remains complicated due to the constant increase in the number of new infections and the high risk of death from diseases associated with HIV infection and AIDS. The situation of the spread of HIV infection among particularly vulnerable groups of the population remains tense, which, in accordance with the strategy for counteracting the spread of HIV infection in the Russian Federation for the period until 2020, include convicts and people held in places of forced isolation from society. At the same time, the provisions of this strategy indicate that the modern requirements for providing the population with measures for prevention, medical care, social adaptation and rehabilitation, as well as social support for HIV infection are not in line. Therefore, there is a need to solve these problems by amending the legislation of the Russian Federation in order to realize the rights and legitimate interests of both HIV-infected people and protect people, society and the state from the spread of this disease. One of the tasks of the state in the field of preventing the spread of HIV infection, including in prisons, is to increase the coverage of HIV-infected people with antiretroviral therapy. Considering the attitude of HIV-infected prisoners to treatment, the results of our study allow us to conclude that only about 30 % of prisoners in this category trust the use of antiretroviral therapy. At the same time, there are no dispositive norms in the penal legislation that stimulate the passage of treatment, which is an omission in the framework of state policy in the field of combating the spread of HIV infection. Therefore, this article proposes measures to stimulate the passage of treatment by prisoners sentenced to imprisonment both during the period of serving the sentence and after release.

2015 ◽  
Vol 4 (3) ◽  
pp. 48-56 ◽  
Author(s):  
Евдокимов ◽  
V. Evdokimov ◽  
Кислова ◽  
G. Kislova

Statistical data for 15 years on emergency situations (ES), fires and accidents on water is provided, and normalized indicators are calculated. During 2000–2014, 8588 disasters were registered in Russia, which killed 14,826 and injured 5 million 841 thousand people. There were 5097 (59,4%) man-made disasters, 2786 (32,4%) natural ESs, 587 (6,8%) biological and social ESs, and 118 (1,4%) major terrorist attacks. Local ESs count up to 4313 (50,2%), municipal — 2977 (34,7%), intermunicipal – 1069 (12,5%), regional — 191 (2,2%), inter-regional — 23 (0,3%), Federal — 12 (0,1%). Every day (1,58 ± 0,15) emergency situations happened which caused death of (2,76 ± 0,25) people. The risk of being in ES (R1) in Russia amounted to (0,40 ± 0,04) · 10–5, the risk of death in an ES was (1,82 ± 0,10) fatalities per year, individual risk of death in ES was (0,70 ± 0,06) 0183 10–5 per year. There is a significant downward trend in these indicators. The lack of continuity of representing even basic ES indicators in State reports "On the state of protection of population and territory of the Russian Federation from emergencies of natural and man-made origin" prevents their comparison.


2021 ◽  
Vol 258 ◽  
pp. 05032
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  

This article is devoted to the constitutional and legal analysis of the problems of choosing the optimal system of executive power in the Russian Federation. The paper substantiates the position that the need to optimize the system of executive power in Russia is due to a number of external and internal factors that are subjective and objective in nature. The article identifies and formulates the main problems of choosing the optimal system of executive power in Russia, defines its optimal characteristics, develops and substantiates an algorithm of actions necessary in the formation and construction of an optimal system of executive power in the country. Optimization of the system of executive power in the Russian Federation will allow to fully protect the rights, freedoms and legitimate interests of citizens of the Russian Federation; strengthen the system of public authorities in the country; create conditions for the full development of society and the state.


2021 ◽  
Vol 4 ◽  
pp. 101-107
Author(s):  
A. A. Fedyunin

During the court’s consideration of the questions which are provided in the paragraph 20 Article 397 Code of criminal procedure, the definition of the circumstances, the presence or absence of which is to be determined when making decisions, it is necessary to respect the rights and legitimate interests of not only the convict but also the injured party, as well as the purposes of the punishment. The errors in establishing the circumstances that constitute the fact to be proven in the definite category of cases, lead to the cancellation or changing the court's decision. The complex structure of the subject, its features are conditioned with specifics of the process of proof in this category of cases and the specifics of legal relations that go beyond the legislation of one country. To determine the circumstances included in each of the structural units of the subject of proof, it is necessary to refer both to international legal conventions (General subject of proof) and to international legal treaties between particular States or to the domestic legislation of the Russian Federation (special subject of proof).


2017 ◽  
Vol 2 (2) ◽  
pp. 10-14 ◽  
Author(s):  
OV V Borisova ◽  
OV V Agafonova ◽  
EP P Eremenko ◽  
EV V Borodulina

High spread of HIV infection (more than 0,5% among the population) was registered in 26 regions of the Russian : Federation, where 41,5% of the country's population live. Aim - to estimate the dynamics of the spread of HIV infection in the region that used to be among the regions most affected by HIV-infection in the Russian Federation; to determine the state of HIV infection among women and children. Materials and methods. The official reporting data ; of the State Regional Clinical Hospital "Samara Regional Center for the Prevention and Control of AIDS and : Infectious Diseases" were used. Results. As of 1 January 2017, Samara region is on the 13th place in terms of morbidity due to HIV (104.1 per 100 000 population). Increase in the birth rate of children born from HIV-infected mothers has been observed since 2002 (10,365 children were born in the Samara Region : since the beginning of the epidemic). The diagnosis of "HIV infection" was confirmed in 494 children. Conclusion. Characteristic features ofthe HIV epidemic in the Samara region are: the greatest prevalence of disease in the big cities of the region with further expansion into smaller towns and rural areas. There is the predominance of the sexual mode of transmission at present time. Evolution of the infection is manifested by an increase in the number of infected women, which account for about 40,0% of HIV cases. The rate of detectable HIV infection in pregnant women is growing at a consistently high level, and the proportion of births among HIV-infected pregnant women is increasing. The total cumulative percentage of perinatal HIV infection was 4,8% (0.8% - in 2016).


Author(s):  
Svetlana Vorobyeva ◽  
Ilya Volkov

The work indicates that the Russian Federation is improving the norms of criminal legislation aimed at countering acts that infringe on public relations, ensuring the interests of the state, public service and service in local government bodies. However, the analyzed offences – abuse of authority (article 285 of the Criminal Code of the Russian Federation) and excess of authority (article 286 of the Criminal Code of the Russian Federation) contain such effects as a significant violation of rights and legitimate interests of citizens, organizations or legally protected interests of society or the state, which emphasizes their public danger. While analyzing these compositions of acts, we indicate both general and distinctive features. It is emphasized that the problem of their differentiation is expressed, first, in the fact that their technical and legal design is based on evaluation features, and second, on the basis of the existing distinctive features, the same act in different cases is qualified differently – under article 285 of the Criminal Code of the Russian Federation or under article 286 of the Criminal Code of the Russian Federation. We divine that in matters of the types of crimes qualification under consideration, it is of paramount importance to establish the limits of authority, the motive for committing the crime, as well as the connection with official activities.


2020 ◽  
Vol 15 (3) ◽  
pp. 103-111
Author(s):  
O. S. Rybakova

The paper studies the constitutional and legal nature of the child’s right to safety, which claims to be of constitutional value. Particular attention is given to the study of the doctrinal understanding of constitutional values as the determinants of state-legal phenomena that make up the spiritual and moral basis for the development of society and the state. The author considers child’s safety through the category of personal safety (as a part and the whole), which, in turn, is a criterion of social safety, which implies the protection of the whole spectrum of human values, rights and freedoms, including dignity, legitimate interests, protection of property, etc. Based on the analysis of the norms of the Constitution of the Russian Federation, the author shows that the guarantees of the child’s personality safety are inherent in its text. The author concludes that at the present stage of the Russian statehood development, child safety is a constitutional value built into the overall safety system of an individual, society, and the state, which demonstrates the interdependent nature of the organizational and legal foundations of Russia’s national safety. In author’s opinion, ensuring a child’s safety in the context of constitutional and legal values presupposes the creation of a favorable environment for the life of a child in which it is impossible to infringe on his life and health, the formation of which is ensured by a system of guarantees, i.e. economic, political, social, moral and, legal.


2021 ◽  
Author(s):  
Elena Nikitina ◽  
Irina Tarbeeva ◽  
Elena Vasileva ◽  
Tatiana Zerchaninova

Currently, about 30 million [8] compatriots live in the world who finds themselves outside of Russia. The collapse of the USSR and the formation new independent states saw millions of Russian people separated from Russia by borders, and faced discrimination on the basis of language, which caused an increase in the migration activity of the Russian population in the post-Soviet space. This situation requires a review of the principles and directions state authorities’ activity in the migration sphere and determination of the necessary regulatory legal framework for regulating the processes of the influx of migrants from the former Soviet republics to Russia. The purposes of the research are 1) to study the regulatory and institutional foundations of modern public policy in relation to compatriots abroad and 2) to identify its main directions. The main research method is the analysis of official documents, regulatory legal acts, reporting and analytical documents of authorities implementing the state policy regarding compatriots living abroad. The state policy of the Russian Federation regarding expatriate citizens is a system of legal, diplomatic, social, economic, and organizational measures aimed at supporting and protecting Russian compatriots, ensuring the exercise of their rights and legitimate interests, as well as creating conditions under which they could would live as equal citizens in foreign countries or return to the Russian Federation. The state policy of the Russian Federation regarding compatriots abroad is implemented in two opposite directions, which significantly reduces its effectiveness. The mechanisms for implementing this policy are various forms of horizontal and vertical cooperation and interaction in various fields such as humanitarian, social, educational, cultural, and economic. A significant number of policy implementation entities required the creation and use of modern mechanisms for coordinating their activities. The resources spent on the return of compatriots to their homeland are not able to compensate for the emigration outflow from Russia, however, mechanisms aimed at solving the latter problem are not provided. In fact, the local population is excluded from the scope of this policy, which entails a number of problems associated not only with the attitude of the host society towards the migrants, but also with the desire of a significant part of the youth to leave Russia. Keywords: state policy, compatriots, institutions


Author(s):  
A. V. Molchanov

The article is devoted to the analysis of the main provisions of the Decree of the President of the Russian Federation No. 618 of December 21, 2017, which marks a new stage in the formation of the state policy of developing competition in Russia. The basic directions of the development of Russia's competition are considered as a key condition for the development of the national economy, the efficient functioning of markets, the maintenance of the rights and legitimate interests of consumers. The main provisions of the National Competition Development Plan approved by the relevant act of the head of state are examined and proposals are made to ensure the implementation of this Plan.


Author(s):  
Gatsolaeva Aleftina Hadzibekirovna ◽  
◽  
Gabaraev Alan Shotaevich ◽  

Author(s):  
Sergey Valerevich Belov ◽  
Irina Mikhalovna Kosmacheva ◽  
Irina Vyacheslavovna Sibikina

To solve the problem of information security management the method was proposed that allows determining the degree of importance of confidential documents of the organization. The urgency of the proposed algorithm was substantiated taking into account the requirements of the legislation of the Russian Federation in the sphere of information security. The stages prior to the formation of the list of confidential documents of the organization were described. A review of the main documents of the legal and regulatory framework was carried out including documents relating to the state regulation of relations in the sphere of information security. The classes of protected information for the accessing categories were considered. The criteria changes of the value of information in the process of time were represented. The algorithm of formation of the list of confidential documents of the organization based on the properties of information was offered. The algorithm is based on an expert method of pair comparison of alternatives. The result of the use of this method is a number of confidential documents, ranked in descending order of importance. For each document the weighting factor of importance can be calculated. The verification stage of the degree of expert consistency was included in the methodology to eliminate the use of erroneous expert data. The application of the methodology is illustrated by a calculated example.


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