SOME ISSUES OF LEGAL REGULATION AND ORGANIZATION OF THE REGIME IN PENAL IN STITUTIONS IN CONDITIONS OF THE CORONAVIRUS INFECTION SPREAD (COVID-19)

2021 ◽  
pp. 131-136
Author(s):  
Сергей Евгеньевич Илюхин ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Closed Space ◽  
Penal Institutions ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures ◽  
Close Contacts

Распространение и выявление новой коронавирусной инфекции (COVID-2019) как на территории РФ, так и в структуре объектов УИС актуализирует необходимость трансформации средств обеспечения жизнедеятельности как всех субъектов права, так и в особенности подозреваемых, обвиняемых и осужденных. Доказано, что данная категория граждан находится в особо уязвимом положении с точки зрения подверженности заболевания коронавирусом по причине специфики режима отбывания наказаний, который предполагает замкнутость пространства. Введение мер ограничения, регламентированных Правительством РФ, конкретизируемых нормативно-правовыми актами ФСИН России и главного государственного санитарного врача ФСИН России, спровоцировали необходимость решения ряда вопросов, возникающих при реализации системы мероприятий по отбыванию осужденными наказаний в учреждениях УИС. Вышесказанное обуславливает важность и своевременность исследования, связанного и изучением проблем и дискуссионных положений, обуславливающих процесс исправления осужденных и предупреждения совершения ими новых преступлений через призму осуществления санитарно-противоэпидемических мер для предупреждения распространения коронавирусной инфекции. The spread and reveal of a new coronavirus infection (COVID-2019) both on the territory of the Russian Federation and in the structure of penal institutions have prompted us to talk about the need to transform the means of ensuring the life of all subjects of law, and especially suspects, accused and convicted. It is proved that this category of citizens is in a particularly vulnerable position in terms of exposure to coronavirus due to the specifics of the regime of serving sentences, which implies a closed space and close contacts of persons located on the territory of the correctional institution. The introduction of restrictive measures regulated by the Government of the Russian Federation, specified by regulatory legal acts of the Federal penitentiary service of Russia and the chief state sanitary doctor of the Federal penitentiary service of Russia, provoked the need to address a number of issues that arise in the implementation of the system of measures for serving sentences in penal institutions. The above explains the relevance of research related to the study of problems and controversial provisions that determine the process of correcting convicts and preventing them from committing new crimes through the prism of implementing sanitary and anti-epidemic measures to prevent the spread of coronavirus infection.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals Legislative regulation improvement of health protection in the context of the COVID-19 epidemic

2020 ◽  
Vol 11 (2) ◽  
pp. 74-86
Author(s):  
D. A. Morozov ◽  
D. V. Vtorushin ◽  
A. A. Polutsigan ◽  
G. I. Seleznev
Keyword(s):  
Russian Federation ◽  
Well Being ◽  
Legal Regulation ◽  
The State ◽  
Health Protection ◽  
Equipment Construction ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Special Health

The experience of the health protection legal regulation during the spread of a new coronavirus infection (SARS-CoV-2) is presented. The key areas that required a number of state decisions to ensure the sanitary and epidemiological well-being of the Russian Federation and the protection of citizens are outlined: assigning the Government of the Russian Federation and State authorities of the Russian Federation subjects the authority to regulate special health protection; introducing responsibility for non-compliance with the rules of conduct in an emergency or threat of its occurrence; providing citizens with medicines, medical devices and personal protective equipment; construction, re-profiling and financing of medical organizations; support for medical workers, implementation of incentive payments. The review is based on the analysis of normative legal acts adopted by legislative and Executive authorities at all levels, their interaction, as well as the work carried out by the State Duma, the State Duma Committee on health protection, and parliamentary control. The proposals of the State Duma Committee on health protection on further improvement of the legislation of the Russian Federation in the field of health protection are reflected.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic)

2021 ◽  
Vol 1 (8) ◽  
pp. 118-124
Author(s):  
E. A. Kashekhlebova
Keyword(s):  
Russian Federation ◽  
Work Experience ◽  
Large Scale ◽  
Legal Regulation ◽  
Scale Transformation ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Restrictive Measures

The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

PROBLEMS OF LEGAL REGULATION OF CRIMINAL RESPONSIBILITY FOR TRANSPORT SECURITY REQUIREMENTS VIOLATION

2018 ◽  
pp. 58-68
Author(s):  
L.Y. Larina
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Security Requirements ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Structure ◽  
The Individual

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

Remuneration of Support Staff of the Organization of Higher Education: Problems and Solutions

10.12737/8128 ◽  
2015 ◽  
Vol 4 (1) ◽  
pp. 36-46
Author(s):  
Поповская ◽  
M. Popovskaya
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Research Work ◽  
Legal Regulation ◽  
Support Staff ◽  
Educational Process ◽  
Gradual Improvement ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Government

The article is based on the results of research work of the Financial University under the Government of the Russian Federation “Improving the regulation of labor and the organization of new approaches to the organization of labour processes and the remuneration of certain categories of employees in higher education”, fi nanced by budget funds for State job in 2014. The article analyzes the legal regulation of improving remuneration of support staff , including from the standpoint of personnel management system, assessment of the role and importance of this category of workers working in the educational process; discusses possible approaches to remuneration of support staff to meet the requirements of the legislation of the Russian Federation, including the policy objectives for improving the system of remuneration in the budgetary organizations, as set out in the Order of the Government of the Russian Federation of 26.11.2012, № 2190«On Approval of the gradual improvement of the system wages in the state (municipal) institutions for 2012–2018». The article also provides an analysis of the main problems in the existing institutions of higher education in pay systems, off ers a practical solution for the formation conditions of remuneration of support staff and the positioning of functional processes, which employ this category of personnel in connection with the performance of tasks to ensure the increase the quality of the educational process in the organization of higher education.

scholarly journals Conversion of a maternity hospital to an infectious diseases hospital in the context of a coronavirus infection pandemic

2021 ◽  
Vol 2 (1) ◽  
pp. 36-40
Author(s):  
Sergey N. Perehodov ◽  
Nikoloz Yu. Sakvarelidze ◽  
Svetlana G. Tsakhilova ◽  
Elena V. Lunina
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
Infectious Diseases ◽  
Russian Federation ◽  
Maternity Hospital ◽  
Medical Institutions ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
The City

Coronavirus infection caused by a new strain of SARS-CoV-2 virus contributed to an increase in the number of infectious patients. The Ministry of Health of the Russian Federation and Rospotrebnadzor took over the organization of work to combat the pandemic. In Moscow, medical and preventive events were organized by the Government of the capital and the Department of Health of the city. As soon as possible, it was decided to reassign medical institutions to infectious hospitals for the treatment of patients with COVID-19 or with suspicion of it. “Maternity hospital No. 8” – the branch of State Clinical Hospital named after V. P. Demikhov was redesigned as a hospital on March 13, 2020. The decision was due to the presence of isolated boxes and an intensive care unit in the institution. The task was solved in one day: the first patients with coronavirus infection were admitted to the hospital for medical care at 17:00 on March 13, 2020.

scholarly journals Legal regulation of the development and application of artificial intelligence in military sector of the Russian Federation in the context of the government strategy and ensuring the protection of intellectual property rights

2021 ◽  
pp. 26-42
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Military Equipment ◽  
Legal Perspective ◽  
Legislative Framework ◽  
The Russian Federation ◽  
The Government

The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.

Sign in / Sign up

Export Citation Format

Share Document