PROBLEMS OF CHOOSING THE RUSSIAN MODEL DEVELOPMENT OF THE SOCIAL STATE

2021 ◽  
pp. 144-148
Author(s):  
Айгуль Фаридовна Чупилкина ◽  
Илья Сергеевич Буравов
Keyword(s):  
Model Development ◽  
Point Of View ◽  
Social State ◽  
Legal Norms ◽  
Social Strategy ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
Different Levels ◽  
Russian Model

Статья посвящена изучению проблем российской модели социального государства и его развития. На сегодняшний день выбор правильной стратегии социальной политики является важнейшей задачей для ряда государств, поскольку ошибки в этой сфере деятельности государства могут привести к социальным волнениям не только в кризисные, но и в стабильные периоды. Есть потребность в комплексном рассмотрении проблемы и выявлении тенденций в данной сфере. Россия на конституционном уровне провозглашает себя социальным государством, но в то же время с определенной периодичностью мы сталкиваемся с решениями государственных органов, которые можно считать спорными с точки зрения положений Конституции РФ о социальном государстве. В связи с вышесказанным, мы приходим к выводу, что российскому законодательству в виде правовых норм различного уровня необходимо выработать единую социальную стратегию, которая должна соответствовать ряду критериев. Среди них важно выделить: четкость и конкретность желаемых результатов, реалистичность задач и их важность для общества, сроки их достижения. Следует также отметить необходимость привлечения к разработке целей, показателей эффективности концепции, мер социальных гарантий представителей различных общественных наук. The article is devoted to the study of the problems of the Russian model of the social state and its development. To this date, the choice of the right strategy of social policy is the most important task for a number of states, because mistakes in this area of state activity can lead to social unrest not only in crisis periods, but also in stable periods. There is a need for a comprehensive review of the problem and identification of trends in this area. Russia at the constitutional level proclaims itself a social state, but at the same time with a certain periodicity we are faced with decisions of state bodies which can be considered disputable from the point of view of provisions of the Russian Federation Constitution on a social state. In connection with the above, we come to the conclusion that the Russian legislation in the form of legal norms of different levels needs to develop a unified social strategy, which must meet a number of criteria. Among them it is important to highlight: the clarity and specificity of the desired results, the realism of objectives and their importance for society, the timing of their achievement. And in the development of goals, performance indicators of the concept, measures of social guarantees it is necessary to involve representatives of various social sciences.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals The President and Local Government in Russia: The Theory and Practice of Interaction

2020 ◽  
Vol 15 (12) ◽  
pp. 41-47
Author(s):  
A. M. Budaev
Keyword(s):  
Legal Framework ◽  
Point Of View ◽  
Theory And Practice ◽  
Equal Opportunities ◽  
Economic Relations ◽  
Democratic State ◽  
Head Of State ◽  
The Russian Federation ◽  
Basic Characteristics ◽  
Russian Model

Since the adoption of the current Constitution of Russia that established the constitutional foundations of the implementation of state power and local self-government in the Russian Federation, more than 25 have passed. This period was saturated from the point of view of the formation of the legal framework of socio-political and socio-economic relations in our country. The analysis shows that local self-government is one of the basic characteristics of the Russian model of democracy. On the other hand, in recent years it is impossible not to mention the tendency to increase the efforts of federal authorities, and first of all the head of state, to maximize the involvement of local authorities of self-government in a unified political and legal field of the State. This is largely justified by the need to provide every resident of the country with equal opportunities for a comfortable and safe life. The paper formulates the author’s view concerning the changes that are taking place; and at the same time, it is proposed to continue scientific discussions regarding the development of local self-government—an institution of a modern civilized democratic state that is necessary for us all.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

Social and charitable activities of knyaz Alexander Nevsky

2021 ◽  
pp. 222-232
Author(s):  
Irina Mikhailovna Kryuchkova ◽  
Anna Andreevna Ignatova
Keyword(s):  
Point Of View ◽  
Social Orientation ◽  
Spiritual Values ◽  
Life Challenges ◽  
The Social ◽  
Great Responsibility ◽  
The Right ◽  
Charitable Activities

Power is a heavy, but great cross, which not every person is capable of carrying. It is both the right to decide the fate of the country and people, and a great responsibility. This is the choice to serve one’s people, accompanied by numerous trials and overcoming of considerable life challenges. With the words «power» or «ruler», we see the image of a person endowed with a life grasp and willpower, who always retains a fi rmness of mind and is not afraid to oppose anyone. If he is gifted with the talents of a commander, strategist, politician and diplomat, the power is often able to shift all spiritual values to the background, and to put forward material desires and the possibilities of their realization. That is why, with all the fullness of one’s power, it is important to remain a virtuous, merciful and humane person. However, history shows that even in our Orthodox land such statesmen are very rare. Alexander Nevsky is a striking example of a great, humane and just ruler. A great number of works of both church and secular nature have been written about the noble knyaz. Meanwhile, his outstanding personality will not cease to attract attention, and after hundreds of years, this topic will always be relevant to us, especially from the point of view of the social orientation of his activities.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

scholarly journals Casa din zori

2018 ◽  
pp. 143-159
Author(s):  
Lorin Niculae ◽  
◽  
Ana-Dora Matei ◽  
Alecsandru Vasiliu ◽  
◽  
...  
Keyword(s):  
Social Integration ◽  
Common Law ◽  
Homeless People ◽  
Point Of View ◽  
Urban Spaces ◽  
Essential Dimension ◽  
Economic Point ◽  
The People ◽  
The Social ◽  
The Right

„House of Dawn” is the name of a project pertaining to the Arhipera trademark. It follows the same line of action of the group, namely the practice of social participatory architecture. The project concentrates on assuming the human capital that is in the limit situation of privation of shelter and tries to integrate it in a program that involves qualification and professional conversion in the construction field; the goal of the program is the „overnight” building of a minimal dwelling. The solutions for this category of persons in state of difficulty, situated at the extremity of the society, entails the configuration of varied typologies of minimal evolutive dwellings; as in the previous projects, the solutions aim at a democratic architecture obtained by using the „bottom‐up” model. In addition, the project proposes an ecological approach of the design, a durable development of the dwellings and puts a strong emphasis on the sustainability. From a topological point of view, the plots for building the dwellings for the homeless people will be connected with the existent urban tissue in order to achieve the social integration of the participants in the program; the choice of the plots focuses on unconventional spaces with regard to social habitation. A possibility that has been carefully considered from scratch is the reprocessing of unused urban spaces, including the recycling of the initial architectural function. Through the manifest of this program we propose the conversion of certain unfinished spaces of the totalitarian architecture of The People’s House/The Palace of Parliament into spaces for social dwellings destined for unsheltered people. In this particular case, the architectural recycling transforms the Totalitarianism into democracy and restores The People’s House to the people itself. The project is based on the norms of common law regarding the right to occupy the space meant for habitation. A family that is able to erect a house overnight on a plot on which it has no rights to is dignified to inhabit the respective space and proves to be useful from a social and economic point of view to the community that accepts it. The idea of the project is also sustained by a program of social integration of the beneficiaries and their inclusion in the labor market. The implementation of this type of social architecture is defined by efficiency, adaptability and flexibility and it’s centered both on the consolidation of the communitarian potential and on dwelling as an essential dimension of the humans. At the border of day and night, at the intersection of two spaces placed at the extremes, the Arhipera projects speak about opening the limit and abolishing it.

scholarly journals Writers as Leaders of Nation: Typological Convergence of I. Franko and P. Kulish

2019 ◽  
pp. 14-29
Author(s):  
Yevhen Nakhlik
Keyword(s):  
State Building ◽  
Point Of View ◽  
Creative Work ◽  
Late Period ◽  
Leading Role ◽  
Age Related ◽  
The Social ◽  
Definition Of ◽  
The Right

The article draws a parallel between P. Kulish’s and I. Franko’s disposition to the age-related ideological autorevision. It is argued that, experiencing evolution of the worldview and creative work, revising his own early radical social impulses caused by the ‘national radical stage’ (Franko’s definition) of liberation movement in Halychyna, mature Franko in 1896 – 1907 got closer to the views of P. Kulish, especially those of the late period of his life (1874 – 1897). Like the latter, Franko defended the right to worldview evolution and changing views. These typological coincidences consisted also in the movement from the center-left forces to the right-centered ones; the transition to the primacy of the national idea over the social one; the drastic national self-criticism and simultaneous emphasis on the nation-building and state-building; gradual reorientation from the idea of social revolutionary development of society to evolutionary progress and moderate “means and ways of acting and speaking” (as Franko called it); the warnings against admiring communist illusion, against ochlocracy; and, finally, in the focus on the leading role of the nationally conscious Ukrainian intellectuals in the liberation struggle. Ideological and formal parallels between Franko and Kulish were revealed not only in the letters and journalism, but also in Franko’s practice of grounding his works on the materials of the national, biblical and Christian history and mythology (i. e. literary historicism and mythologism, focused on the present, the future and the author’s personality; symbolic autobiography). From this point of view it is worth to compare:  “Pisnia Budushchyny” (“Song of Future”) – “Try Braty” (“Three Brothers”); “Pokhoron” (“Funeral”), “Ivan Vyshenskyi” – “Velyki Provody” (“Great Farewell Procession”), “Marusia Bohuslavka”, “Dramovana Trylohiia” (“Drama-like Trilogy”); “Moisei” (“Moses”) – “Mahomet i Khadyza” (“Muhammad and Hadiza”), “Duma-Perestoroha, Velmy na Potomni Chasy Potribna” (“Warning Refl ections that will be Needed in Future”); “Strashnyi Sud” (“The Last Judgement”) – “Kulish u Pekli” (“Kulish in Hell”); “Slavianska Oda” (“Slavic Ode”) – “Tsarski Slova” (“Royal Words”).

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals SOCIAL INSURANCE SYSTEMS IN RUSSIA AND GERMANY: SOCIOLOGICAL ANALYSIS

2019 ◽  
Vol 25 (2) ◽  
pp. 93-115
Author(s):  
Inna V. Kolodeznikova ◽  
Roman V. Kondurov ◽  
Diana V. Galitskayа
Keyword(s):  
Social Insurance ◽  
Point Of View ◽  
Federal Republic Of Germany ◽  
Economic Stability ◽  
Social Insurance System ◽  
Insurance System ◽  
The Social ◽  
Protection Mechanisms ◽  
German Model ◽  
Russian Model

Social insurance occupies a special place in the entire social policy of the state. Developed system of social insurance in the country provides citizens with effective protection mechanisms and thereby ensures economic stability and creates an atmosphere of social cohesion in society. At present, social insurance systems in Russia and Germany have significant differences that include both the structure and functioning of each type of insurance separately. These differences in the organization of social insurance systems in Russia and Germany are traceable from the very beginning. System of social insurance in modern Russia has been developing to a certain extent inconsistently and to the present time still is not completely formed. The German system developed gradually and improved with regard to the features of the interests of society at various stages of its development. The establishment of the Federal Republic of Germany as a social state determined the modern model of the social insurance system. Therefore, the study of the German model is interesting from the point of view of the subsequent possible introduction of its elements into Russian insurance practice. The article compares social insurance systems of Russia and Germany. The components of the systems are studied; their similarities and differences are revealed. Opinions of experts of the Federal Service for Labor and Employment on the prospects and problems of the development of the Russian model of the social insurance system and the possibility of using the German insurance experience in Russian practice are given.

scholarly journals Features of the legal assessment of remote fraud

2019 ◽  
pp. 226-230
Author(s):  
Pavel L. Pavel L. Serdyuk
Keyword(s):  
Russian Federation ◽  
Insurance Industry ◽  
Criminal Code ◽  
Social Sphere ◽  
Legal Assessment ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

The article discusses the most difficult issues arising in the qualification of remote fraud in the field of computer information. The article examines the relationship to the composition of fraud of such methods of fraud and breach of trust, such as the destruction, blocking, modification or copying of computer information in order to steal someone else’s property or obtain the right to someone else’s property. The investigated composition of fraud is distinguished from such adjacent compositions as fraud using electronic means of payment (art. 1593 of the Criminal code of the Russian Federation), fraud in the insurance industry (art. 1595 of the Criminal code of the Russian Federation), etc. The role of the social sphere in determining the degree of danger of computer fraud as well as possible errors in the qualification of art. 1596 in conjunction with other articles of the Criminal code of the Russian Federation.

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