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.

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 Economic Crimes as an Evaluation Indicator of the State of Economic Security of the Russian Federation

2020 ◽  
pp. 76-86
Author(s):  
Yuri Naydenyshev ◽  
Anna Sidorova
Keyword(s):  
Russian Federation ◽  
Criminal Activity ◽  
Well Being ◽  
Economic Security ◽  
The State ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Crime Types ◽  
The Government ◽  
High Level

Economic security is an important system-forming element of the country of laws and the well-being of the population. The negative phenomenon of crime has a significant impact on all processes taking place in the socioeconomic sphere. The purpose of the study is to determine the degree of influence of criminal activity in the economic sphere of society on the state of economic security of the Russian Federation and the southern regions of the country in particular. The study is devoted to the search of ways to prevent crimes in the economic sphere, as well as ways to improve the investigation methodology. The methodological basis of the study is presented by the methods of formal logic (analysis, synthesis and analogy), general scientific (comparison), and specific methods of cognition (statistical method, typology method). As a result of the structural analysis of the state of economic and corruption crime in the Russian Federation and Krasnodar Krai in particular, the specific vectors of its influence on the living standards of the population and accordingly on the economic situation in the country have been determined. The trend in recent years, on the one hand, is characterized by positive dynamics in the form of a decrease in the total number of committed crimes. On the other hand, the proportion of economic and corruption crimes in the structure of the total number of officially registered crimes in Russia is characterized by growth. In addition, the damage caused by crime types under analysis also grows annually. This negative trend of illegal acts in the economic sphere damages the entire organizational and managerial activity of the government and negatively affects the state of national business. On the basis of the results of the study, specific measures which prevent economic and corruption crimes are proposed, the use of which will help to achieve the necessary level of economic security of Russia as a country with a well-developed infrastructure and an attractive socio-economic climate. Besides, the use of these measures will contribute to the normal functioning of the government machine and achievement of a high level and standard of living of the population.

scholarly journals Problems of Legal Regulation of Changes in the Types of Land Plot Permitted Use in the Conditions of Abolition of Land Division into Categories

2021 ◽  
Vol 1 ◽  
pp. 28-34
Author(s):  
Galina L. Zemlyakova ◽  
Keyword(s):  
Urban Planning ◽  
Direct Instruction ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Current Version ◽  
Land Plot ◽  
The Russian Federation ◽  
The Government ◽  
Near Future

The article deals with the problems of the Institute of urban planning zoning, including those arising from changes in the types of permitted use of land plots in terms of the possible introduction of territorial zoning instead of dividing land into categories. Despite the fact that the bill on the abolition of land categories was never adopted by the State Duma, nevertheless, the President of the Russian Federation has repeatedly pointed out the need for such a law in his instructions to the Government of the Russian Federation. Due to the fact that according to the Constitution of the Russian Federation in the current version, the instructions of the President of the Russian Federation are a direct instruction to the Government of the Russian Federation, the author believes that in the near future the issue of the abolition of land categories will become relevant again. However, in order for such a law to be adopted and not cause a serious blow to the system of land turnover, the existing institution of urban zoning must be perfectly verified.

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.

scholarly journals Specific Features of Certain Aspects of a Delivery Contract for the State and Municipal Needs in the System of the Government Order in the Russian Federation

2019 ◽  
Vol 8 (4) ◽  
pp. 11534-11538
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
National Welfare ◽  
The Russian Federation ◽  
The Government ◽  
Civil Contract ◽  
Welfare Fund

The article is devoted to the analysis of certain aspects of a modern contract of goods delivery for the State and municipal needs, the legal significance of the contract of delivery in the system of the Government Order. The contract of delivery is an essential part of the execution of the State and municipal contract, i.e. the contract concluded on behalf of the Russian Federation Government, any subject of the Russian Federation or municipal settlement with governmental or municipal customer to provide state or municipal needs respectively. By this time there are still serious disputes concerning the role of the delivery contract for the State and municipal needs as a type of civil contract, as well as in the legal regulation and maintenance of the governmental and municipal contract. The significance of matters mentioned is connected with the fact that the Government Order carried out by means of a delivery contract not only meets State and municipal needs but can be also regarded as the basis for running target programs of budget and extra-budgetary financing, as well as the formation of the National Welfare Fund

scholarly journals Issues of Involvement in Administrative Responsibility in the Conditions of Higher Preparedness

2021 ◽  
Vol 2 ◽  
pp. 21-29
Author(s):  
A.D. Dashieva ◽  
Keyword(s):  
Russian Federation ◽  
Personal Protective Equipment ◽  
Well Being ◽  
Legal Regulation ◽  
Disease Spread ◽  
Protective Equipment ◽  
Production And Consumption ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Administrative Responsibility

The article describes questions of administrative and legal regulation in the conditions of the high alert regime. The administrative measures taken to prevent the spread of the new coronavirus infection (COVID-19) came into force on April 1, 2020. The article introduces the procedure for establishing rules, requirements and prohibitions for citizens and organizations in the the high alert mode territory. Questions arise about the requirements, for violation of which they are held liable under Article 20.6.1 of the Code of Administrative Offenses of the Russian Federation, as the Code established administrative responsibility for non-compliance with the rules of behavior in an emergency or the threat of its occurrence. Part 2 of Art. 6.3 of the Code of Administrative Offenses of the Russian Federation has been amendened to regulate the administrative responsibility for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, if such an offence is committed during an emergency regime or in the event of a threat of the spread of a dangerous disease. The requirements for masks and personal protective equipment have been analyzed, as for the absence of masks the requirements can be brought to administrative responsibility. A big problem still is the disposal of personal protective equipment, since they belong to waste category B. The release of used personal protective equipment is the subject to the requirements of the disposal procedure and the requirement to prevent the emergence of a threat of the dangerous disease spread. The article considers the competition between the rules of the Code of Administrative Offenses of the Russian Federation in terms of bringing to responsibility for non-compliance with environmental protection requirements when handling production and consumption waste and the rules of law regulating violation of legislation in the field of ensuring sanitary and epidemiological well-being of the population.

scholarly journals Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy

2020 ◽  
pp. 22-36
Author(s):  
Irina Aleksandrovna Chebotareva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Public Authority ◽  
Federal Legislation ◽  
Special Importance ◽  
New Strategy ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

scholarly journals Tendencies of the Legal Regulation of the Interaction between the President of the Russian Federation and the Government of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 37-40
Author(s):  
Elena Yu. Kireeva ◽  
◽  
Lidia A. Nudnenko ◽  
Lyudmila A. Tkhabisimova ◽  
◽  
...  
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
A Priori ◽  
Legal Regulation ◽  
The State ◽  
Executive Power ◽  
Residence Permit ◽  
The Russian Federation ◽  
The Government ◽  
The Right

The article analyzes the amendments to the Constitution of the Russian Federation “Оn improving the regulation of certain issues of the organization of public power”. It is argued that the imposition of restrictions to replace the state and municipal posts, posts of state and municipal services associated with the presence of foreign citizenship or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state will not provide the “nationalization of the elites” because such a limitation is not provided for family members of the listed officials. Without this, the amendment is meaningless. The article doubts the feasibility of transferring the function of determining the main directions of domestic and foreign policy to the State Council, which by its status and composition belongs to the Executive bodies of state power. A priori, Executive power is secondary to representative power. Therefore, the Federal Assembly of the Russian Federation, in cooperation with the President of the Russian Federation, should have priority in shaping the main directions of domestic and foreign policy.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

Sign in / Sign up

Export Citation Format

Share Document