PENSION PROVISION OF CITIZENS WHO PROVIDED CONFIDENTIAL ASSISTANCE TO OPERATIONAL UNITS OF FPS OF RUSSIA

2021 ◽  
pp. 58-64
Author(s):  
Алексей Ильич Тихомиров
Keyword(s):  
Main Type ◽  
Legal Protection ◽  
The Body ◽  
Theory And Practice ◽  
Legal Analysis ◽  
Federal Law ◽  
Search Activity ◽  
The Right

В статье на основе анализа оперативно-розыскного, трудового и пенсионного законодательства РФ исследуется специфика пенсионного обеспечения граждан, конфиденциально содействовавших оперативным подразделениям УИС. Проводится сравнительно-правовой анализ мер социальной и правовой защиты конфидентов с учетом двух основных форм содействия, выделяемых в теории и практике оперативно-розыскной деятельности: контрактной и бесконтрактной. Рассматривая меры пенсионного обеспечения в рамках общей системы мер социальной и правовой защиты лиц, оказывающих содействие на бесконтрактной основе, автор отмечает отсутствие законодательного закрепления права данной категории лиц на зачет периода содействия в страховой стаж, предусмотренного ч. 6 ст. 18 ФЗ «Об ОРД». В свою очередь, исследуя вопрос пенсионного обеспечения, автор акцентирует внимание на основаниях возникновения правовых отношений, складывающихся между конфидентом и органом, осуществляющим ОРД, а также на выяснении характера данных отношений. Проводится сравнительно-правовой анализ контракта о негласном содействии с трудовым и гражданско-правовым договорами. На основании проведенного анализа норм оперативно-розыскного, трудового и пенсионного законодательства РФ выделяются три обязательных условия, необходимых для включения в страховой стаж периода контрактного сотрудничества конфидента: 1) наличие контракта о содействии; 2) сотрудничество должно быть основным видом оплачиваемой деятельности лица; 3) периодам содействия должны были предшествовать и (или) за ними должны были следовать периоды деятельности, указанные в ст. 11 ФЗ «О страховых пенсиях». Делается вывод о необходимости внесения изменений в ст. 18 ФЗ «Об ОРД». Based on the analysis of the operational-search, labor and pension legislation of Russia, the article studies the specifics of pension provision for citizens who provided confidential assistance to operational unts of FPS of Russia. A comparative legal analysis of measures of social and legal protection of persons providing confidential assistance is carried out, taking into account the two main forms of assistance identified in the theory and practice of operational-search activity: contractual and non-contractual. Considering the measures of pension provision within of persons providing assistance on a non-contractual basis, the author notes the absence of legislative consolidation of the right of this category of persons to offset the period of assistance in the insurance experience provided for in Part 6 of Art. 18 of the Federal Law «About operatively-search activity». Investigating the issue of pension provision for persons providing confidential assistance on a contract basis, the author draws attention to the grounds for the emergence of legal relations between the confidant and the body carrying out operational-search activities, and clarification of the nature of these relations. A comparative legal analysis of the contract for covert assistance with labor and civil contracts is carried out. Based on the analysis of the norms of the operational-search, labor and pension legislation of Russia, there are three mandatory conditions necessary for offsetting the period of confidential cooperation of a citizen on a contractual basis in the insurance record: 1) the existence of a cooperation contract; 2) cooperation should be the main type of paid activity of the person; 3) the periods of assistance should have been preceded and / or followed by the periods of activity specified in Art. 11 Federal Law «On Insurance Pensions». It is concluded that it is necessary to amend Art. 18 of the Federal Law «About operatively-search activity».

scholarly journals INCREASING THE COMPETITIVENESS OF THE ENTERPRISE

2021 ◽  
Author(s):  
Tetiana Dzhukh ◽  
Olha Mykhailenko ◽  
Maria Alipatova
Keyword(s):  
Legal Protection ◽  
Developed Countries ◽  
International Markets ◽  
Theory And Practice ◽  
Competitive Advantages ◽  
Industrial Firms ◽  
Stage Of Development ◽  
World Markets ◽  
Innovative Products ◽  
The Right

Any business entity in a competitive environment must assess the degree of its own competitiveness in order to function effectively and assess its prospects for the future. Having information about personal competitive positions, industrial firms have the opportunity to reveal their advantages, choose the right tactics of behavior and strategy, true to the realities of the latest market processes. The basis of competitive advantages of enterprises is the socio-economic and progressive technological and organizational base, the ability to analyze and take timely measures to strengthen competitive advantages. The article analyzes ways to increase the competitiveness of Ukrainian enterprises. At the current stage of development of the national economy, the main issue to be addressed is the development of effective facilitators and mechanisms that will increase the competitiveness of domestic producers in the market and will guarantee the overall strengthening of Ukraine’s economic situation. The purpose of the article is to identify ways to increase the competitiveness of the enterprise. Compare the tools that allow you to find your weaknesses, the elimination of which can increase the competitiveness of the organization. The strategic goal is to increase the competitiveness of the domestic economy through innovation, which will create advantages for domestic producers to compete with opponents in domestic and international markets, and help Ukraine to take one of the first places among developed countries. Competitiveness is a key concept that is actively used in theory and practice of management, is a multifaceted concept, which translated from Latin means rivalry, the struggle to achieve the best results. This opens for Ukraine the possibility of transition to world standards of rational and reasonable energy consumption, development of natural resources, raising the level of technology, legal protection of intellectual property. The ultimate goal of these shifts is to create progressive and competitive innovative products on world markets. It should be noted that in the context of globalization and ever-increasing competition, the basis of competitiveness is innovation, which allows countries with innovative competitive advantages to take their rightful place in the world community.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals Rights of Interior Decoration Designer "A study in Light of UAE Federal Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights”

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel
Keyword(s):  
Historical Development ◽  
Architectural Design ◽  
Legal Protection ◽  
Legal Framework ◽  
Federal Law ◽  
Interior Decoration ◽  
Definition Of ◽  
The Right ◽  
Technical Framework

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals JUDICIAL CONTROL IN ENSURING THE LEGALITY AND VALIDITY OF DECISIONS TAKEN BY OPERATIONAL UNITS OF INTERNAL AFFAIRS BODIES

2020 ◽  
Vol 24 (2) ◽  
pp. 389-409
Author(s):  
Dmitriy A. Babichev
Keyword(s):  
Scientific Work ◽  
Legal Analysis ◽  
Federal Law ◽  
Search Activity ◽  
Scientific Methods ◽  
Judicial Control ◽  
Judicial Practice ◽  
Legal Literature ◽  
Internal Affairs ◽  
Operational Unit

The article examines the features of judicial control in ensuring the legality and va- lidity of decisions made by operational units of internal affairs bodies. The relevance of the work is determined by an attempt to improve the legal mechanisms for the implementation of judicial control in the above-mentioned area based on the study of judicial practice, as well as legal conflicts and gaps in the current operational search legislation. The subject of the study is the system of control powers of the court: 1) verification of the legality and validity of decisions of the operational unit to conduct certain operational search activities by granting permission to the court to conduct them; 2) checking the legality and validity of decisions of the operational unit to conduct certain operational search activities according to their urgent (emergent) conduct; 3) checking the legality and validity of decisions of the operational unit to carry out operational search activities on citizens' complaints. The purpose of this work is to study the essential characteristics of the control powers of the court in ensuring the legality and validity of decisions made by operational divisions of internal affairs bodies. The methodology of the research is based on the General scientific dialectical method of cognition and the scientific methods that follow from it: system, logical, comparative legal analysis, statistical, special legal, and others. The theoretical basis of the research rests on the scientific works of V. V. Abramochkin, V. A. Azarov, Yu. M. Groshevii, S. V. Eskov, N. S. Zheleznyak, V. I. Ivanov, Ch.M. Ismailov, N. A. Kolokolov, E. L. Nkitin, I. A. Odnoshevin, R. H. Rakhimzoda, A. I. Tambovtsev, A. N. Khalikov, I. D. Shatokhin and other authoritative scientists who have made a significant contribution to the solution of doctrinal and applied problems of judicial control in the field of operational search activity. As a result of scientific analysis of judicial practice and legal literature, the author proposes a number of legal tools that affect the court's assessment of the legality and validity of operational search decisions on conducting intrusive OSM, and identifies legal conflicts that require delicate study and technical elimination. In addition, it is argued that amendments to the provisions of the Federal Law On Operational Search Activities aimed at preempting precedents for recognizing evidence obtained during the OSM in cases that cant be delayed and may lead to a serious or particularly serious crime are unacceptable. The results of the study can be used in law enforcement practice of subjects of operational search activity, judges, authorized prosecutors, as well as in scientific work when analyzing problems of judicial control in the field of operational search activity.

scholarly journals Essence and types of results of operational search activity

2021 ◽  
Vol 2021 (2) ◽  
pp. 110-117
Author(s):  
Aleksandr Sidorenko ◽  
Konstantin Maslennikov
Keyword(s):  
Criminal Investigation ◽  
Material Objects ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Search Activity ◽  
New Developments ◽  
The Social ◽  
Characteristic Features ◽  
Definition Of

Operational search activity is a complex system of interrelated organizational and tactical elements, provides timely detection and use of information necessary to solve the problems of prevention, suppression and disclosure of non-obvious, latent and disguised crimes in the conditions of counteraction from the criminal environment. There is an objective need for the most complete use of the results of the police work in criminal proceedings. The absence in the Federal Law «On Operational Search Activity» of a relevant theoretically based definition of its results is a significant legal gap. The variety of tasks of the operational search activity and the specifics of the operational tools do not allow us to consider the results of this activity as an unambiguous category. Taking into account the special nature of the information obtained by means of a criminal investigation, It is only by means of a structural theoretical and legal analysis of the activity itself that it is possible to identify the characteristic features inherent to the results of this activity and the requirements to be meet. The article offers a structural theoretical and legal analysis that justifies the author’s definition of the results of operational search activities. Only the results of operational search activities can be attributed to the results of the operational search activity. Different search potential and target orientation of operational search activities provide the opportunity to obtain three specific groups of results. The first group of results refers to information that has been identified in the implementation of individual activities or in the implementation of a specific task. The second group includes discovered and preserved material objects. The third group includes new developments that have changed the state of the social environment.

scholarly journals CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS IN DECISIONS REGARDING NON-COMPLIANCE OF LIFE IMPRISONMENT WITH THE REQUIREMENTS OF ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

2020 ◽  
Vol 2020 (1) ◽  
pp. 33-46
Author(s):  
Dzhuzha О. M. ◽  
◽  
Melnychenko І. P. ◽  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Case Law ◽  
Theory And Practice ◽  
European Convention ◽  
Legal Analysis ◽  
Life Imprisonment ◽  
The United Kingdom ◽  
European Court ◽  
The Right

The article provides a legal analysis of the decisions of the European Court of Human Rights in such cases like “Vinter and Others v. The United Kingdom”, “Hutchinson v. The United Kingdom”. The European Court of Human Rights has established key standards for those sentenced to life imprisonment, compliance with which will ensure that this type of punishment meets the requirements of the Article 3 of the European Convention on Human Rights. Such standards are: 1) sentencing of life imprisonment is not prohibited and does not conflict with the Article 3 or any other article of the Convention. The imposition of “non-reducible” life imprisonment may raise questions of compliance with the requirements of the Article 3 of the Convention; 2) in decision making whether life imprisonment can be considered as “non-reducible”, it is necessary to establish whether the person convicted to life imprisonment had any prospect of release. If national law provides for the possibility of reviewing life imprisonment regarding its mitigating, reducing, terminating or releasing, this is sufficient to satisfy the requirements of th Article 3 of the Convention; 3) for the purposes of the Article 3 of the Convention it is sufficient that life imprisonment is reducible de jure and de facto; 4) European penitentiary policy is currently focusing on the correctional purpose of imprisonment, in particular until the end of long prison sentences; 5) at the very beginning of the sentence a person convicted to life imprisonment has the right to know what he must do to consider the possibility of his release and under what conditions the sentence will be reviewed or also in what order a request to this may be made; 6) if domestic law does not provide for any mechanism or possibility to review life imprisonment, then the non-compliance with the requirements of the Article 3 of the Convention occurs at the time of imposition of life imprisonment and not at a later stage. The importance of such standards separating of the European Court of Human Rights for the national theory and practice of life imprisonment is that these provisions are effective guidelines for determining the prospects of releasing from sentencing in the form life imprisonment. Key words: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, case law, convict, life imprisonment.

scholarly journals Preimplantation and prenatal genetic diagnostics in Russian Federation: ethical and legal issues

2021 ◽  
Vol 25 (1) ◽  
pp. 179-197
Author(s):  
Valentina V. Lapaeva
Keyword(s):  
Common Good ◽  
Legal Protection ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Context ◽  
International Regulations ◽  
Genetic Technologies

The topicality of the article is due to the strategy of transition to personalized medicine in Russia, based, among other things, on technologies of preimplantation and prenatal genetic diagnostics. The purpose of the article is to analyze the main directions of ethical and legal support for the development of these technologies. The work is based on the study of relevant international regulations, foreign and Russian legislation using the methods of legal-dogmatic and philosophical-legal analysis. The article substantiates the need for a clearer distinction between legal and moral-religious approaches to regulating relations in applying these technologies. The task is to find legal structures that can take into account the moral aspects of the problem without replacing legal regulation with an appeal to moral and religious values and norms. An example of this approach is the development of a legal regime for manipulations with embryo in vitro, in which the necessary legal protection of the embryo is provided by recognizing its special ontological status as a constitutional value of the common good. From these positions, the author identifies a range of issues that should form the organizational and legal context necessary to ensure adequate guarantees of human rights in the field of application of the considered genetic technologies. The legal regulation of this range of issues should be fixed in a special federal law on genetic testing.

General concept on the time of exercise of the right to protection

2021 ◽  
pp. 112-118
Author(s):  
Petro Guyvan
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
General Concept ◽  
Point Of View ◽  
Practical Significance ◽  
Legal Analysis ◽  
Modern Development ◽  
The Law ◽  
The Right ◽  
Substantive Law

Purpose. The work is aimed at studying current issues on the temporal dimensions of subjective civil law and the possibilities of its protection in the event of an offense. After all, the issue of timely exercise of subjective law is very important in society. Therefore, the term is a necessary and integral element of the content of substantive civil law, the certainty in this regard will also provide certainty in the application of the necessary legal protection tools. Methods. From the methodological point of view, the work substantiates the thesis that with the expiration of the statute of limitations the regulatory right ceases and thus the subject of protection itself ceases. Results. This concept does not cover all cases of violation of subjective civil law, in particular, it is not able to justify the proper protection of property rights in cases where one of the rights of the owner is violated, such as the right of possession or use. Because the very fact of the offense in such cases does not terminate the right of ownership. Therefore, it is emphasized that the legal analysis of the commented temporal coordinates should be carried out not within the existence of the protected (regulatory) right, but within the protection, that is, what arose as a result of the offense. Scientific novelty. The modern development of civil doctrine allows us to conclude that the subjective substantive law is realized within the regulatory legal relationship, and in case of violation of the latter there is a new separate protective obligation, within which protection is carried out, in particular, through claims. At the same time, it is obvious that judicial protection does not exhaust the protective property of the law. In most cases, non-judicial remedies do not restrict the creditor's use of such remedies in time. Practical significance. The paper establishes that the right to exercise the protection authority, which is part of the content of the relevant protection obligation, exists for the duration of the right, except when the law explicitly establishes a special term of its validity. The violated substantive law after the expiration of the statute of limitations does not remain completely unprotected, although the degree of its protection is somewhat reduced.

Urbane (Un–)Ordnung

2021 ◽  
Vol 54 (2) ◽  
pp. 157-188
Author(s):  
Rike Sinder
Keyword(s):  
Land Use ◽  
City Planning ◽  
Legal Protection ◽  
Spatial Separation ◽  
Le Corbusier ◽  
The Body ◽  
Body Parts ◽  
Mixed Use ◽  
Federal Land ◽  
The Right

Historically, the European city was mixed (in terms of its use) and dense (in terms of its building structure). With the rising popularity of the body metaphor, the idea of a spatial separation of uses spread. John of Salisbury famously postulated that, just like the body, the city should be separated according to its different functions. The different body parts were connected through veins and arteries, in which traffic, air and water circulated. This corporeal ideal of city planning through separation and circulation reached its zenith in the 1933 Athens Charter that was heavily influenced by Le Corbusier. According to his blueprint, living should be desuburbanised so as to enable a strict separation of living, working and leisure. The German Federal Land Utilisation Ordinance (Baunutzungsverordnung – BauNVO) from 1962 was based on this ideal of the separation of uses. As a second pillar, it aimed at the reduction of density. The specific land-use areas defined in the BauNVO established city spaces reserved to functionally defined uses such as living and working. This spatial model came under pressure almost with its implementation. From the very first amendment in 1968 onwards, the separation of uses was softened in favour of mixed-use areas. At the same time, density was increased. In four substantial amendments (1968, 1977, 1990 and 2017), the ideal of a functionally structured city was slowly abandoned; not by name (the BauNVO still distinguishes functionally specific land-use areas), but in fact, because the functional description of the areas was successively extended to comprehend ever more (different) uses. In 2017, a new mixed-use area was introduced into the BauNVO (the so-called urban area) and in 2021 another mixed-use area (the so-called rural living area) is projected to follow. This development has consequences, most notably regarding the system of legal protection. With the decreasing relevance of specific and specifiable land-use areas, the individual and the disturbances it is subjected to become the main focus of legal protection. Thus, the right to mutual consideration slowly replaces the right of the inhabitant of a functionally separated area that the area’s character be maintained.

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