scholarly journals 5.1. Proposals for the development of a methodology and plan for a review of federal budget expenditures on the provision of subsidies for other purposes to budgetary (autonomous) institutions

2021 ◽  
pp. 72-78
Author(s):  
И.В. Балынин

В статье представлены авторские рекомендации по формированию методики и плана проведения обзора расходов федерального бюджета на предоставление субсидий на иные цели бюджетным (автономным) учреждениям. Подробно описаны этапы проведения обзора расходов федерального бюджета на предоставление субсидий на иные цели бюджетным (автономным) учреждениям. Предложены макеты аналитических таблиц по итогам оценки качества нормативно-правового регулирования предоставления субсидий на иные цели в Российской Федерации. The article presents the author’s recommendations on the formation of the methodology and plan for the review of federal budget expenditures on the provision of subsidies for other purposes to budget (autonomous) institutions. The stages of the review of federal budget expenditures for the provision of subsidies for other purposes to budgetary (autonomous) institutions are described in detail. A model of the analytical table for assessing the quality of legal regulation of the provision of subsidies for other purposes in the Russian Federation is proposed.

2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.


2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.


Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.


Author(s):  
Олег Алексеевич Свидерский

В статье поднимаются отдельные вопросы правового характера оказания медицинской помощи сотрудникам УИС в лечебно-профилактических учреждениях ФСИН России, МВД России, Минобороны России, а также в учреждениях государственной или муниципальной систем здравоохранения. Проведен анализ нормативных баз Минздрава России и Минюста России, в которых осуществляется регламентирование вопросов оказания медицинской помощи. Показано, что в федеральных и ведомственных нормативно-правовых актах Минюста России законодательно не закреплен порядок оказания высокотехнологичной медицинской помощи по перечню видов, которые не включены в базовую программу ОМС. В целях устранения пробела в законодательстве предлагается медицинской службе ФСИН России разработать соответствующий регламент, в котором прописать перечень необходимых документов и порядок направления на лечение нуждающихся сотрудников. Проведенный опрос сотрудников УИС показал, что более 2/3 респондентов недовольны не только условиями, в которых оказываются медицинские услуги, но и качеством оказанной им медицинской помощи. Рассмотрены права и возможности сотрудников УИС по предъявлению претензий к лечебному учреждению в случае неудовлетворенности качеством оказанной медицинской услуги (помощи). Анализируются проблемы правового регулирования и практического решения вопроса, оценки качества оказанной медицинской услуги (помощи). Предлагается сформировать в системе ФСИН России институт экспертов по оценке качества медицинской помощи. The article raises certain issues of the legal nature of the provision of medical assistance to the penal correction system in medical institutions of the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Defense of the Russian Federation, as well as institutions of the state or municipal health systems. The analysis of the regulatory framework of the Ministry of Health and the Ministry of Justice, which regulates the provision of medical care. It is shown that the federal and departmental regulatory legal acts of the Ministry of Justice do not legislatively regulate the procedure for providing high-tech medical care according to the list of species that are not included in the basic program of compulsory medical insurance. In order to fill the gap in the legislation, it is proposed that the medical service of the Federal Penitentiary Service of Russia develop an appropriate regulation in which a list of necessary documents and the procedure for referring treatment to needy employees are prescribed. A survey of employees of the penal correction system showed that more than 2/3 of respondents are dissatisfied not only with the conditions in which medical services are provided, but also with the quality of medical care provided to them. The rights and possibilities of the penitentiary system staff to make claims to a medical institution in case of dissatisfaction with the quality of the medical service (assistance) provided are examined. The problems of legal regulation and practical solution of the issue, assessing the quality of the medical service (assistance) provided are analyzed. It is proposed to form an institute of experts in the FSIN system for assessing the quality of medical care.


2021 ◽  
Vol 27 (2) ◽  
pp. 160-163
Author(s):  
Ivan N. Melnikov ◽  
Ivan A. Samakov

This paper discusses the current issues of legal regulation in the field of artificial intelligence in the state and municipal service in the Russian Federation in order to ensure and protect the rights and freedoms of man and citizen. The article highlights the current problems that arise in the implementation of certain state functions, such as – the work of state bodies with citizens' appeals and the lack of regulatory regulation of the use of artificial intelligence technology in this process, the use of which will contribute to meeting the deadlines for working with citizens' appeals, as well as increase the overall level of quality of interaction between citizens and public authorities. Specific measures are proposed for the development of legislation in order to introduce artificial intelligence in solving the problems facing the public authorities. The article formulates the main conclusion regarding the trend of using the artificial intelligence system in the issue under consideration.


2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.


2018 ◽  
Vol 12 (3) ◽  
pp. 112-119 ◽  
Author(s):  
A. M. Lila ◽  
R. О. Dreval ◽  
V. V. Shipitsyn

This article reviews data on the assessment of the incidence of rheumatoid arthritis (RA), ankylosing spondylitis (AS), and psoriatic arthritis (PsA, arthropathic psoriasis), as well as related disability and the economic burden of these nosological entities, including their therapy with biological agents. It considers the issues of organization and quality of medical care, drug supply, normative and legal regulation. The paper also shows the important epidemiological and socioeconomic importance of RA, AS, and PsA in Russia, points out the regional peculiarities of medical care and drug provision, and proposes solutions for their optimization at the federal and local levels. In preparing this investigation, the authors have taken into account the opinions of many specialists and experts in this field from different subjects of the Russian Federation.


Author(s):  
Valeriy Aleksandrovich Polushkin

The subject of this research is the relevant issues pertaining to popularization of science in the Russian Federation. The goal of this article lies in determination of the currently existing key issues of popularization of science in the Russian Federation: 1) the absence of effective response to the transformation of the traditional field of scientific promotion activity (distribution of new forms and methods of such activity); 2) imperfection of the new legal regulation of educational and scientific promotion activity, which may implicitly lead to negative consequences. The conducted research involves in theoretical conceptualization of scientific promotion activity in the digital age the novelties of legislative regulation of educational activity adopted in April 2021 (the so-called Law on Educational Activity). Unlike other works dedicated to the analysis of this law, this article assesses its basic provisions from the perspective of the effectiveness of achieving the goals set in the context of its impact upon the state of popularization of science in the Russian society. It is established that the model for preventing deterioration of the quality of educational content proposed in the Law on Educational Activity is not effective enough and may further reduce the quality of scientific promotion activity. Therefore, the purpose of imposed restrictions may fail to be achieved. The author believes that the more effective way would lie in intensification of the activity of traditional actors of popularization of science, rather than restriction of the activity of nontraditional actors of popularization of science.


Author(s):  
Nadezhda P. Kuprina ◽  
Svetlana S. Paunova ◽  
Svetlana A. Kosobutskaya

The review reflects the priorities and main directions of development of compulsory medical insurance and legal regulation in the field of health care, as well as tasks aimed at preserving and strengthening the health of citizens of the Russian Federation based on increasing the availability and quality of medical care, respecting the rights of citizens in the field of health protection and ensuring state guarantees related to these rights, the priority of prevention in the field of health protection in the Russian Federation.


Author(s):  
O. V. Boltinova ◽  
L. L. Arzumanova

The article is devoted to the consideration of legal foundations of implementation of mega-science projects on the territory of the Russian Federation. These projects involve the implementation of breakthrough research aimed at obtaining knowledge important for the development of the whole mankind. Implementation of mega-science projects requires concentration of scientific, human and primarily financial resources, which, in turn, is possible only in the context of formation of the necessary legal framework. The study has allowed the authors to come to the conclusion that at present in the Russian Federation the necessary legal framework for the implementation of mega-science projects has been created. The most important direction of legal regulation of Mega Science covers consolidation of mechanism of financing unique scientific facilities. At the same time, the mechanism as a whole is based on the most important principle of budgetary law, namely, results-based budgeting. To this end, the main source of mega-science projects funding is the federal budget that is allocated within the framework of State programs.


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