CONSTITUTION OF THE RUSSIAN FEDERATION AS A PROSECUTOR DEVELOPMENT VECTOR

Author(s):  
Денис Александрович Лобачев

В статье рассмотрены поправки к Конституции Российской Федерации, внесенные в отношении прокуратуры в основной закон страны в 2014 г., а также дана оценка новым поправкам, анонсированным Президентом России 15 января 2020 г. в ежегодном послании Федеральному Собранию и внесенным на рассмотрение в Государственную думу. Таким образом, ст. 129 Конституции Российской Федерации, посвященная прокуратуре, вероятнее всего, претерпит двойное изменение за последние шесть лет. Применение сравнительного правового анализа позволило выделить основные идеи, которые преследовал законодатель, закладывая изменения в гл. 7 и ст. 129 Конституции Российской Федерации. Поправки к Конституции Российской Федерации подтвердили то обстоятельство, что, во-первых, прокуратура за период существования основного закона сохранила свою самостоятельность в системе других органов власти и «востребованность» надзорных полномочий, во-вторых, закрепили статус прокуратуры в качестве самостоятельного органа власти, имеющего специфические полномочия в части осуществления надзора за другими субъектами. Состоявшиеся и предполагаемые поправки направлены на усиление роли Президента Российской Федерации, на расширение полномочий Совета Федерации в формировании кадрового состава органов прокуратуры, с одновременным «сокращением» полномочий Генерального прокурора Российской Федерации в этом вопросе. Согласно поправкам 2014 г. принцип единства и централизации в организации работы органов прокуратуры перестал иметь конституционную поддержку, что дало возможность мыслить о том, что данный принцип не имеет характера абсолютного жесткого правила в будущем и может быть видоизменен, например, путем ограничения его действия с одновременным расширением независимости и самостоятельности отдельно взятого прокурора. Сохранение ключевых принципов организации и деятельности прокуратуры лишь на уровне федерального закона создало определенно более легкие условия для их пересмотра, поскольку для этого не потребуется внесения изменений в основной закон страны. Однако согласно предполагаемым поправкам 2020 г. указанный принцип вновь обретает конституционное наполнение. В основной закон планируется вернуть положение, которое было упразднено в 2014 г., о том, что прокуратура Российской Федерации представляет собой единую федеральную централизованную систему органов. The article considers the amendments to the Constitution of the Russian Federation introduced in relation to the prosecutor’s office in the main law of the country in 2014, and also assesses the new amendments announced by the President of Russia on January 15, 2020 in the annual message to the Federal Assembly and submitted to the State new Duma. Thus, article 129 of the Constitution of the Russian Federation, devoted to the prosecutor’s office, is likely to undergo a double change over the past six years. The use of comparative legal analysis made it possible to identify the main ideas that the legislator pursued, laying down the amendments to Chapter 7 and Article 129 of the Constitution of the Russian Federation. Amendments to the Constitution of the Russian Federation confirmed the fact that, firstly, the prosecutor’s office during the period of the existence of the basic law retained its independence in the system of other authorities and the «demand» of supervisory powers, and secondly, they secured the status of the prosecutor’s office as an independent authority having specific powers regarding the supervision of other entities. The amendments that were held and proposed are aimed at strengthening the role of the President of the Russian Federation, expanding the powers of the Federation Council in the formation of the staff of the prosecution authorities, while at the same time «reducing» the powers of the Prosecutor General of the Russian Federation in this matter. According to the 2014 amendments, the principle of unity and centralization in the organization of the work of prosecution authorities ceased to have constitutional support, which made it possible to think that this principle does not have the character of an absolute rigid rule in the future and can be modified, for example, by limiting its effect while expanding its independence and a particular prosecutor independence. The preservation of the key principles of the organization and activities of the prosecutor’s office only at the level of federal law created definitely easier conditions for their revision, since this would not require amendments to the country's main law. However, according to the proposed amendments of 2020, this principle regains its constitutional content. It is planned to return to the main law the provision, which was abolished in 2014, that the prosecutor's office of the Russian Federation represents a single federal centralized system of bodies.

Author(s):  
Oleg Kozhevnikov

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.


Author(s):  
I. V. Bukhtiyarov

The article presents the results of the analysis of health, working conditions and prevalence of adverse production factors, the structure of the detected occupational pathology in the working population of the Russian Federation. The article presents Statistical data on the dynamics of the share of workplaces of industrial enterprises that do not meet hygienic standards, occupational morbidity in 2015-2018 for the main groups of adverse factors of the production environment and the labor process. The indicators of occupational morbidity over the past 6 years in the context of the main types of economic activity, individual subjects of the Russian Federation, classes of working conditions, levels of specialized occupational health care. The role of the research Institute of occupational pathology and occupational pathology centers in solving organizational, methodological and practical tasks for the detection, treatment, rehabilitation and prevention of occupational diseases is shown. The basic directions of activity in the field of preservation and strengthening of health of workers, and also safety at a workplace are defined.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2003 ◽  
Vol 53 (4) ◽  
pp. 339-362 ◽  
Author(s):  
R. Pittman

The Russian Federation is in the process of making major structural changes to its railway and electricity sectors. Both sectors will be at least partly vertically disintegrated, with the aim of creating competition in the “upstream” sector while maintaining state ownership and control of the monopoly “grid”. This paper examines the details of reform and restructuring in the context of the international experience with reform and restructuring in these two sectors, and considers the role of the Ministry for Antimonopoly Policy in reform, both in the past as an “advocate for competition” within the government, and in the future as the guarantor of non-discriminatory access to the grids by non-integrated upstream producers.


Author(s):  
Alexandra Borimecicova

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.


2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal law.


Author(s):  
Natalia Alexandrina

The article presents a quantitative and qualitative analysis of the victims of legal entities in the Russian Federation in the period from 2014 to 2018. The monitoring and statistical analysis made it possible to identify 6 chapters of the Criminal code of the Russian Federation, according to which the most victims of legal entities are registered over the past 5 years. Consideration of the status and trends of criminogenic victimization of legal entities over a long period allows us to see the real number of victims and to understand the scale of the identified problem.


2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.


Author(s):  
Sergey A. Starostin ◽  
◽  
Alexey G. Dobkin ◽  

The article deals with strategic planning, which is one of the main mechanisms for ensuring the purposeful and sustainable development of the state, economy and society. The adoption of the Federal Law No. 172-FZ of 28.06.2014 "On Strategic Planning in the Russian Federa-tion" in the Russian Federation marked a new stage in the formation of the state strategic planning system. The status of plans for the activities of federal executive bodies as one of the key elements of the system of strategic planning documents is considered. The practice of their preparation and implementation is analyzed, its shortcomings are studied, and possible directions for improving the current legislation in this area are proposed. The authors consider the status of plans for the activities of federal executive bodies as one of the key elements of the system of strategic planning documents. They analyze the prac-tice of their preparation and implementation, study its shortcomings, and propose all possible directions for improving the current legislation in this area. When writing the article, the authors studied the content of certain questions about strate-gic planning and the corresponding functions of the federal executive bodies of the Russian Federation. They revealed the problems of practical importance and proposed the methods and options for their solution. The authors used the following methods: system analysis, dialectical, logical, compara-tive-legal methods, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – it is necessary to ensure that not only activities and tasks of a general nature are included in the adopted plans, but also their detailing in terms of the expected stages of work; – the activity plans of the federal executive authorities, which are responsible executors of strategic goals and objectives, should give an unambiguous answer to how and when the strategic guidelines defined at the federal level within the entire array of strategic planning documents will be implemented; – the introduction of a systematic approach will allow to fix the risks of non-achieving certain strategic indicators and take the necessary measures in a timely manner; – at present, the role of plans for the activities of federal executive bodies in the system of strategic planning documents is unreasonably low; – the transfer of issues of preparation and control over the achievement of relevant strate-gic indicators to the level of the executive authorities themselves, in the conditions of insuffi-cient external control over this process, in fact, led to the loss of their managerial potential, depriving the state apparatus of an important mechanism for coordinating work in the field of strategic planning; - it is necessary for the entire system of strategic planning to revise quali-tatively the role of the plans of the federal executive bodies with the transfer of authority for their approval to a higher level with a simultaneous increase in responsibility for achieving the planned indicators.


Neophilology ◽  
2019 ◽  
pp. 491-501
Author(s):  
Sergey A. Popov

We present a study of legislative regulation of toponymical processes in the subjects of the Russian Federation from 1994 to the present as exemplified Voronezh Region. We analyze regulatory legal acts of the Voronezh Region, which changed the toponymical system of the region (renaming, abolishing, merging, changing the status of individual settlements, changing the boundaries of municipalities). The purpose of the study is to show the role of legislative (repre-sentative) bodies of state power of the subjects of the Russian Federation in regulating naming processes in regional toponymy using the example of the Voronezh Regional Duma, which is a permanently acting supreme and the only legislative (representative) body of state power in the Voronezh Region. We conclude that it is necessary to establish uniform rules, norms and require-ments for the names of geographic objects, the deviation from the established rules creates incon-venience for the population and investors, complicates the work of state bodies and local govern-ments. In conclusion, we note that there are not all official changes of the Voronezh Region toponymicon in modern regional reference books and toponymical dictionaries, also there are not always the full details of a given regulatory legal act, according to which the settlement changed its status, was named or renamed, therefore it has become necessary nowadays to prepare and publish the “Toponymical Dictionary of the Voronezh Region”, which takes into account mentioned changes.


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