Inadmissibility of imitation of compliance with the law when concluding a state contract with a sole supplier (on the example of the penal system)

2021 ◽  
pp. 84-89
Author(s):  
A. N. Khomyakov ◽  
V. A. Aliev ◽  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Russian Federation ◽  
Third Party ◽  
Penal System ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Compliance With The Law

The legislation on the contract system allows in certain cases to make purchases from a sole supplier without using competitive procedures. One of the cases is the production of goods, performance of works, rendering of services performed by an institution or enterprise of the penal enforcement system in accordance with the list of goods, works, and services approved by the Government of the Russian Federation. The practice shows that in some cases, customers and (or) suppliers may unreasonably use the opportunity provided by the legislation, formally concluding a state (municipal) contract with an institution or enterprise of the penal system, bypassing competitive procedures, when actually a third-party business entity is engaged in the execution of the contract. The authors note that such situations actually constitute a circumvention of the competitive procedures for selecting a supplier provided for by law, and contradicts the principles and ideas of regulation laid down in the Law “On the contract system”.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

scholarly journals Regulation and organization of convicts’ work in places of deprivation of liberty: some challenges

2020 ◽  
Vol 2 (2) ◽  
pp. 112-116
Author(s):  
Elena Shamshilova
Keyword(s):  
Russian Federation ◽  
Penal Code ◽  
Regulatory Control ◽  
Correctional Institutions ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Law ◽  
Compliance With The Law ◽  
High Level

The article is devoted to the process of convicts attracting to work as a means of their correction. The main goals of convicts’ employment are outlined, as well as the problems of regulatory control of this process. The data of the Prosecutor’s office on compliance with the law in correctional institutions in the sphere of attracting convicts to work are analyzed. The study of legislation in the field of convicts’ employment revealed fragmentary regulation of this process, which is explained by the consolidation of norms on attracting this category of persons to work in both the Penal and Labor Codes of the Russian Federation. Taking into account the fact that the basis for regulating issues in the sphere of execution of punishments is the Penal Code of the Russian Federation. The author concludes that it is necessary to make changes to the Penal legislation of Russia in the part concerning the organization of convicts attracting to work, as well as by adding rules on their dismissal. In addition, such problems in the sphere of employment of convicts as the lack of jobs, which entails a high level of non-working convicts, and the organization of remuneration that does not correspond to the stated in the labor legislation, were considered. Possible ways to solve these problems are suggested.

scholarly journals Language Policy of the Russian Federation

2020 ◽  
Vol 22 (22) ◽  
pp. 165-177
Author(s):  
Vesna Kosmajac ◽  
Keyword(s):  
Language Policy ◽  
Russian Federation ◽  
The State ◽  
Russian Language ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
The Russian Language ◽  
State Language

This paper presents a sociolinguistic analysis of the current linguistic situation in the Russian Federation. Preservation and development of the Russian language represents the national interest of the state. The Russian language has the status of a state language, but, given the large number of ethnic groups living on the territory of Russia, it must not jeopardise other national languages, as this could lead to inter-ethnic conflicts. Some of the key issues Russia is currently facing in this field are: the process of globalisation, the uncontrolled penetration of anglicisms into the Russian language, the adverse impact of the Internet and social networks on literacy, especially with the younger population. All valid rules of the Russian orthography are, in fact, prescribed by the Government of The Russian Federation. Laws regulating the area of language policy are the Constitution of the Russian Federation, the Law on the Languages of the Peoples of the Russian Federation, and the Law on the State Language of the Russian Federation.

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 Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

Termination of the contract on the service in the criminal executive system of the Russian Federation: analysis of legislation and judicial practice

2020 ◽  
pp. 155-161
Author(s):  
Юлия Александровна Борзенко
Keyword(s):  
Russian Federation ◽  
Penal System ◽  
The Past ◽  
Judicial Practice ◽  
Personal Opinion ◽  
The Subject ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
Correction System

1 августа 2020 г. будет ровно два года, как действует долгожданный сотрудниками уголовно-исполнительной системы Федеральный закон от 19.07.2018 № 197-ФЗ «О службе в уголовно-исполнительной системе Российской Федерации и о внесении изменений в Закон Российской Федерации “Об учреждениях и органах, исполняющих уголовные наказания в виде лишения свободы”» (далее - Закон «О службе в УИС»). Прошедший срок уже позволяет сделать выводы об эффективности его положений, коллизиях и пробелах в нормах с позиции правоприменителя и сложившейся судебной практики. К сожалению, отсутствие доктринальных трудов по рассматриваемому вопросу исключает возможность дискуссии в рамках статьи. Безусловно, все положения Закона «О службе в УИС» заслуживают детального внимания, но, по нашему мнению, особую социальную значимость и озабоченность для сотрудников, проходящих службу, вызывают нормы главы 12 Закона «О службе в УИС», регламентирующей основания и порядок прекращения и расторжения контракта о службе в УИС. В статье проведен анализ отдельных норм Закона «О службе в УИС», касающихся расторжения контракта и увольнения сотрудников УИС, выбор анализируемых положений обуславливается сложившейся судебной практикой и личным мнением автора о последовательном изучении ст. 84 рассматриваемого нормативного акта. Не исключено, что в последующем автор вернется к рассматриваемой теме и продолжит исследование не изученных в настоящей статье положений главы 12 Закона «О службе в УИС». On August 1, 2020, there will be exactly two years since the long-awaited Federal Penitentiary System Act of July 19, 2018 N 197-ФЗ On Serving in the Penitentiary System of the Russian Federation and on Amending the Law of the Russian Federation On Institutions and Bodies performing criminal sentences of imprisonment ”(hereinafter - the Law “On Service in the Penal Correction System”). The past term already allows us to draw conclusions about the effectiveness of its provisions, the gaps in the norms, not only on the basis of doctrinal analysis, but also from the perspective of the law enforcer, the prevailing judicial practice. Of course, all the provisions of the Law “On Service in the Penal Administration” deserve detailed attention, but, in our opinion, the norms of chapter 12 of the Law “On Service in the Penal Administration”, which regulates the grounds and procedure for terminating and termination of the service contract in the penal correction system. The article analyzes certain provisions of the Law “On Service in the Penal Correction System” regarding termination of the contract and dismissal of the penal system; the choice of the analyzed provisions is determined by the prevailing judicial practice and the author’s personal opinion on the consistent study of Art. 84 of the considered normative act. It is possible that in the future, the author will return to the subject under consideration and continue the study of the provisions of chapter 12 of the Law “On Service in the Penal Correction System” that are not studied in this article.

scholarly journals Strategy of development and export potential of the grain complex of Russia. Regional aspect

2020 ◽  
Vol 203 (12) ◽  
pp. 78-82
Author(s):  
Boris Voronin ◽  
M Karpuhin ◽  
Irina Chupina ◽  
Yana Voronina
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Strategy Of Development ◽  
Grain Processing ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Processed Products ◽  
Full Force

Abstract. Grain production and legal regulation of this industry are of paramount importance for the food security of the country. Therefore, the purpose of this study is to analyze the adopted laws and regulations governing relations in the field of grain and its processed products, as well as the state of grain growing in the Sverdlovsk region. The article uses the methods of analysis and synthesis, the method of generalization, the method of environmental forecasting, as well as the method of strategic planning. The results of this article are based on the fact that the Law of the Russian Federation No. 4973-1 “On Grain”, adopted on May 14, 1993 (currently not in full force), established in the first article that grain is a national treasure of the Russian Federation, one of the main factors of economic stability. By Decree of the Government of the Russian Federation No. 491 of August 4, 2005, state control over the quality and safety of grain, mixed feed and components for their production, as well as by-products of grain processing, is assigned to the Federal Service for Veterinary and Phytosanitary Supervision. The scientific novelty lies in the fact that the Law “On Grain” has not become the main integrated legal act in the complex regulating relations in the field of grain growing. Therefore, at present, the most important legal act is the Long-term strategy for the development of the grain complex of the Russian Federation until 2035, which, according to the authors, should consider the organizational and economic mechanisms for the production of the grain complex in close interconnection, where high-quality grain should be provided with appropriate technologies at all stages of its production, as well as during transportation, storage and processing.

Conflict Regulation of Voluntary Representation in Russia

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Keyword(s):  
Russian Federation ◽  
Hague Convention ◽  
Legal Regulation ◽  
Third Party ◽  
Conflict Of Laws ◽  
Legal Method ◽  
External Relations ◽  
Conflict Regulation ◽  
The Russian Federation ◽  
The Law

Existence and certainty of conflict of laws rules on the representation provide predictability of legal regulation of these relations that have a foreign element. In this regard researches about issues of national and unified conflict regulation of representation are relevant. The present article is devoted to the questions of conflict regulation of representation in the Russian Federation contained in the article 12171 of the Civil Code of the Russian Federation — the novel of the domestic legislation which is in force since the 1st November 2013. The conflict of laws rules regulating internal (between an agent and a principal) and external relations of representation (between a principal and a third party and between an agent and a third party) are analyzed (on the base inter alia of comparative legal method). The author makes a conclusion about predictability, equation and flexibility of the conflict of laws rules of the Russian law on the representation, which in general comply with the rules of the Hague Convention 1978 on the law applicable to agency, and with the rules of many foreign legal systems. The author proposes the further development of the Russian conflict regulation of relations of representation, particularly: giving the possibility of choosing the law applicable to external relations of representation to an agent and a third party; determination of the moment of time when an agent has his habitual residence or place of business if a principal hasn’t chosen the law applicable to the external relations of representation.

scholarly journals Review of Yu. A. Kashuba’s monograph “Suspended sentence (release) with mandatory involvement in labor” under the scientific editorship of the laureate of the Government of the Russian Federation in the field of science and technology, PhD (Law), ScD (Economics), Professor N. D. Eriashvili

2019 ◽  
Vol 1 (3) ◽  
pp. 197-200
Author(s):  
Aleksei Rodionov
Keyword(s):  
Russian Federation ◽  
National Economy ◽  
Science And Technology ◽  
Criminal Code ◽  
Forced Labor ◽  
Penal System ◽  
Conditional Release ◽  
Penal Law ◽  
The Russian Federation ◽  
The Government

The article presents a review of a monograph on the problems of penal law “Suspended sentence (release) with mandatory involvement in labor”. The monograph was published in “UNITY-DANA: Law and Right” in 2018 ISBN 978-5-238-03062-3. The author is Yuriy Anatol’evich Kashuba, DSc (Law), Professor, professor of penal law department at the Academy of the Federal penitentiary service of Russia. The monograph is recommended for publication by the Research Institute of Education and Science, as well as the International Educational and Methodological center “Professional textbook”. The monograph is devoted to Institutes of probation with mandatory involvement in labor and conditional release from places of liberty deprivation with mandatory involvement of the convict in labor. These institutions were founded since the decrees adoption of the Supreme Soviet Presidium of the USSR “About parole from places of imprisonment for convicts, who have embarked on a way of correction, for work on constructions of national economy enterprises” (adopted on 20.03.1964), “About probation with mandatory involvement of convicted persons in labor” (adopted on 12.06.1970). After liquidation of the USSR, they were canceled in 1993. Later, the legislator introduced new types of punishment – restriction of freedom, and later – forced labor that borrowed many elements from probation with mandatory involvement in labor (Article 24.2 of the Criminal Code of the RSFSR) and parole with mandatory involvement of convicted persons in labor (Article 53.2 of the Criminal Code of the RSFSR). The monograph can be used in improving the norms of criminal, criminal procedural and penal legislation, in the activities of the Penal system, in the process of teaching criminal and penal law and other related disciplines.

scholarly journals Administrative Restraint Measures Applied by Employees of the Penal System of the Russian Federation in Connection with the Commission of an Administrative Offense

2021 ◽  
Vol 15 (3) ◽  
pp. 650-658
Author(s):  
Sergei A. Starostin ◽  
Nadezhda V. Aniskina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
Physical Force ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Impact

Introduction: the article considers the theory and practice of applying administrative restraint measures implemented by employees of the penal system of the Russian Federation in case of the commission of an administrative offense. We substantiate an idea concerning the impact of the effectiveness of the use of administrative coercion measures by employees of the penal system not only on the overall level of penitentiary security, but also on state security in general. Aim: to reveal the specifics of application of administrative restraint measures in the penal system, taking into account the specifics of the law enforcement sphere. Methods: our research is based on the dialectical method of scientific cognition. The article uses general scientific (analysis, synthesis, induction, etc.), specific scientific and special methods of cognition (comparative legal, formal legal, statistical). Results: we reveal the essence of application of administrative restraint measures in the penal system; we study the practice of implementing the norms concerning the use of administrative restraint measures by employees of the penal system; we reveal the features of their application, taking into account the specifics of the sphere of law enforcement sphere, such as focusing on ensuring penitentiary security, preventing administrative offenses and crimes, application on the territory of penitentiary institutions in most cases, etc. We find out that the legal basis for the application of administrative restraint measures in the penal system of the Russian Federation needs to be improved. Conclusions: in order to increase the effectiveness of the practice of implementing administrative enforcement measures in the penal system, we formulate proposals to improve the norms of the current legislation: namely, Section V of the Law of the Russian Federation of July 21, 993 no. 5473-1 should contain definitions of the terms “use of physical force”, “use of special means”; the terms such as application and use of firearms should be distinguished; the wording “provision of medical first aid” should be replaced with “immediate provision of premedical aid to victims”. We also present arguments in favor of the expediency of supplementing Federal Law 197-FZ of July 19, 2018 “About the service in the Penal System of the Russian Federation...” with a provision that assigns to the employees of the penal system the duty to comply with the norms of criminal legislation (on necessary defense, extreme necessity and other circumstances excluding the criminality of the act) in cases of the implementation of administrative restraint measures.

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