Competition of Tariff Regulation Models: Results of a Critical Analysis of the Draft Federal Law “On the Foundations of State Regulation of Prices (Tariffs)”

2022 ◽  
pp. 34-45
Author(s):  
I. V. Bashlakov-Nikolaev
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Alternative Model ◽  
State Regulation ◽  
Federal Law ◽  
General Part ◽  
The Russian Federation ◽  
The Government ◽  
Key Aspects ◽  
Simultaneous Adoption

The key aspects of the draft federal law “On the fundamentals of state regulation of prices (tariffs)” submitted by FAS Russia to the Government of the Russian Federation on June 8, 2021 following the discussion of this draft law by the working group on the implemen- tation of the “regulatory guillotine” mechanism were considered.This draft law is an attempt to form the general part of the tariff legislation of the Russian Federation.The article also discusses an alternative model for regulating issues related to the setting of prices (tariffs) — the codification of tariff legislation, which would take into account both general and specific or industry-specific components of tariff regulation.As the most preferable solution to the problems considered in the article, the author proposes the simultaneous codification of competitive and tariff regulation, the result of which should be the simultaneous adoption of the Competition Code and the Tariff Code of the Russian Federation.

New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  
Keyword(s):  
Natural Resources ◽  
Land Management ◽  
Russian Federation ◽  
Industrial Complex ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation ◽  
The Government ◽  
Wide Experience ◽  
State Registration

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

Geographical Indications in Russia: Federal Law 230-FZ of 26 July 2019

2021 ◽  
Author(s):  
Natalia Kapyrina ◽  
Viacheslav Rybchak
Keyword(s):  
Ethyl Alcohol ◽  
Russian Federation ◽  
Civil Code ◽  
State Regulation ◽  
Geographical Indications ◽  
Federal Law ◽  
The Russian Federation

Abstract Federal Law 230-FZ of 26 July 2019 modifying Part Four of the Civil Code of the Russian Federation and Arts. 1 and 231 of the Federal Law ‘On State Regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limitation of the consumption (drinking) of alcoholic products’

Expansion of Public Law into the Sphere of Private Interests: Strengthening State Regulation as a New Management Paradigm

2020 ◽  
Vol 11 (2) ◽  
pp. 677
Author(s):  
Vladimir E. USANOV
Keyword(s):  
Russian Federation ◽  
Current Model ◽  
Public Law ◽  
State Regulation ◽  
Actual State ◽  
Public Authorities ◽  
State Of Emergency ◽  
Private Interests ◽  
The Russian Federation ◽  
The Government

Relevance. The article is relevant since the recent events have revealed the illusory nature of democratic principles and the independence of private interests in the Russian Federation. The illusion of free choice and democratic procedures disappeared when public authorities declared a state of emergency or self-isolation regime (quarantine during the COVID-2019 pandemic) facing a force that exceeded the resources and capabilities of the government systems. Objective. The article aims at studying a new global model of expanding public law into the sphere of private interests due to strengthening the state regulation of public relations as a new management paradigm. The current model typical of many countries, in particular Russia, can be called a model of an actual emergency. The Russian Federation did not declare de jure state of emergency. Otherwise, public authorities would have to take on big obligations and be responsible for losses (damages, contract failures, suspended trading and production, downsizing, unemployment) of their citizens and businesses. Methods. The main research method was deduction used for studying the legal specifics of expanding public law into the sphere of private interests. The author of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of strengthening state regulation as a new management paradigm. Results. Analyzing the actual state of emergency experienced by most countries and considering the actions of the Russian authorities, the author claims that public law serves as the basis of public administration but invades the sphere of private interests. It begins to manage it in a state of emergency to preserve the existing state system and its integrity. As a result, private law ceases to be independent and must obey the rules of public law. At the same time, the democratic traditions and principles proclaimed in the Constitution and other laws, human rights and civil freedoms are instantly absorbed by public law and become a legal fiction for a certain time.

The Effectiveness of Control and Supervisio№ Activities i№ the Field of Education

2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina
Keyword(s):  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Judicial Decisions ◽  
Government Oversight ◽  
Municipal Employees ◽  
Effi Ciency ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Defense of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, annually the government oversight(supervision) authorities, the bodies of municipal control in accordance with the procedure established by the Government of the Russian Federation, prepare reports on the eff ectiveness of their activities. At the same time, the legislator did not formulate the defi nition of “eff ective control (supervision)”, and effi ciency reports are based primarily on quantitative indicators (information on state (municipal) employees, the number of inspections, the size of fi nes, a list of violations detected and prosecuted persons, information on Judicial decisions, otherwise). The authors of the article, analyzing the normative legal acts, studied the practice of conducting inspections in the sphere of education of Moscow and other subjects of the Russian Federation, set forth a scientifi c view on the effi ciency of control and supervision activity, propose a model, as well as indicators for assessing the eff ectiveness of inspections in education.

scholarly journals PROBLEMS OF ENFORCEMENT OF CERTAIN LEGAL PROVISIONS IN TRANSPLANTOLOGICAL PRACTICE AND SOLUTION APPROACHES

2016 ◽  
Vol 18 (3) ◽  
pp. 6-15 ◽  
Author(s):  
S. V. Gautier ◽  
S. M. Khomyakov
Keyword(s):  
Organ Transplantation ◽  
Russian Federation ◽  
Federal Law ◽  
Law System ◽  
Legal Provisions ◽  
Information Law ◽  
The Russian Federation ◽  
The Government

Aim. To carry out the analysis of enforcement of regulatory legal acts in transplantological practice, to specify the existing gaps and collisions in them, and to offer approaches for its elimination. Materials and methods. The legislation of the Russian Federation in the fi eld of donation and organ transplantation and(or) tissues (an information law system «Garant»). Archive of addresses to the chief transplantologist of the Russian Ministry of Healthcare concerning application of certain precepts of law in transplantology since 2009 till present. Results. Legislative and subordinate acts relating to the area of donation and organ transplantation and(or) tissues are studied; addresses to transplantologies regarding application of certain law precepts are analyzed. Conclusion. Legislative and subordinate acts in force in the fi eld of donation and organ transplantation and(or) tissues contain gaps and collisions which interfere with the work and development of the industry. With respect thereto, it is reasonable to make amendments eliminating legal defects to a number of regulatory legal acts: to the Federal law No. 323-FZ, to the Act of the Russian Federation No. 4180-I, to the Resolutions of the Government of the Russian Federation No. 291 and No. 294, to the Orders of the Ministry of Healthcare of the Russian Federation No. 567n, No. 307n/4, No. 355n. 

scholarly journals THE LAW REGULATION OF ANTI-TUBERCULOSIS ACTIVITIES AT THE REGIONAL LEVEL

2019 ◽  
Vol 62 (2) ◽  
pp. 81-87
Author(s):  
Nadezhda A. Pavlyuchenkova ◽  
A. V. Krikova ◽  
E. A. Sakharitova
Keyword(s):  
Health Care ◽  
Russian Federation ◽  
State Regulation ◽  
Single Subject ◽  
Health Care Institutions ◽  
Single Region ◽  
Single Subjects ◽  
The Russian Federation ◽  
The Government ◽  
Care Support

The article presents the results of analysis of condition of normative legal base regulating anti-tuberculosis care support in the Russian Federation and at the level a single subject of Federation (the Smolensk region). The significant alterations in legislation are emphasized related to means of prevention, diagnostic and chemotherapy of tuberculosis in modern conditions. The necessity of systematic monitoring of epidemiological situation with tuberculosis is demonstrated not only a national scale but also on the level of every region to provide a successful straggle with disease. The health care institutions fill in reporting forms of Federal statistical monitoring and forms of sectoral statistical accounting regulated by the Ministry of health of the Russian Federation. The main directions of state policy are determined concerning pharmaceutical support of particular groups of population, including state guarantee of medical care support of patients with tuberculosis. The economic aspects are considered related first of all to supporting of accessibility of pharmaceuticals purchasing by health care institutions and buying in directly by population. This is implemented by means of organization of financing of pharmaceutical support and state regulation of prices of pharmaceuticals included into list of vitally needed and most important pharmaceuticals that, according decree of the Government of the Russian Federation includes anti-tuberculosis medications. The analysis of characteristics of financing of ant-tuberculosis activities, including at the level of a single region, permitted to establish a number of problems during purchase of anti-tuberculosis medications encountered by subjects due to budget limitations. In particular, a significant financial load was established in particular regions related to purchasing anti-tuberculosis medications needed for treatment of tuberculosis with drug resistance of agent. The projects and programs regulated by legislative base implementing within the framework of struggle with tuberculosis in the Russian Federation and on the level of single subjects of Federation.

scholarly journals RESPONSIBILITY FOR CAUSING HARM BY A HIGHLY AUTOMATED VEHICLE: STATE AND PERSPECTIVES

2019 ◽  
pp. 117-124
Author(s):  
A. I. Chuchaev ◽  
S. V. Malikov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Road Traffic ◽  
Legal Responsibility ◽  
Federal Law ◽  
Automated Vehicles ◽  
General Terms ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of

The paper describes the existing in Russia regulatory legal responsibility for causing harm by a highly automated (unmanned) vehicle (BTS). The most significant documents currently include: Convention on Road Traffic; Road Safety Strategy in the Russian Federation; «Roadmap» to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technology Initiative for the «Avtonet». The main attention is given to the order of the Government of the Russian Federation, in which the first approaches to the regulation of the operation of highly automated vehicles are indicated, the actors responsible for the case of damage by the drone are highlighted. The principles of the functioning of the BTS and the degree of their autonomy are shown in general terms. The authors analyze the approaches in the domestic criminal law to the responsibility of persons managing BTS and the approaches developed in foreign countries in relation to the regulation of the operation of highly automated vehicles. The main approaches to the definition of a criminal law prohibition are indicated and the most important algorithms of criminalization of the considered act are highlighted. The structure of the federal law on the regulation of the use of vehicles equipped with an automatic control system in the territory of the Russian Federation is proposed.

scholarly journals Extended First Aid: Perspectives and Challenges of Regulatory and Legal Framework

2021 ◽  
pp. 32-36
Author(s):  
A.Yu. Zakurdaeva ◽  
◽  
L.I. Dezhurny ◽  
A.A. Kolodkin ◽  
◽  
...  
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Legal Framework ◽  
First Aid ◽  
Health Protection ◽  
Armed Conflicts ◽  
Federal Law ◽  
The Russian Federation ◽  
The Government ◽  
Public Health Protection

In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.

Pre-trial Procedure for the Resolution of Disagreements and Disputes Arising from the Establishment of Regulated Tariffs (Prices)

2020 ◽  
Vol 3 ◽  
pp. 21-28
Author(s):  
Z.A. Usoltseva ◽  
Keyword(s):  
Russian Federation ◽  
State Regulation ◽  
Federal Law ◽  
Trial Procedure ◽  
The Russian Federation ◽  
Administrative Proceedings

The article considers the current pre-trial (extrajudicial) procedure for considering disputes and disagreements arising from the tariff setting. Several provisions of the draft Federal Law «On the Fundamentals of State Regulation of Prices (Tariffs)» prepared by the Federal Antimonopoly Service of Russia are analyzed, and the relevant amendments to this draft, as well as to the Code of Administrative Proceedings of the Russian Federation, are proposed. The article substantiates the expediency of legislative establishment of the obligatory pre-trial procedure for the consideration of cases on contestation of regulatory legal acts establishing tariffs (prices) by specialized departments of the Federal Antimonopoly Service of Russia.

Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Legal Status ◽  
Legal Regulation ◽  
Advanced Training ◽  
Federal Law ◽  
Labor Legislation ◽  
Additional Qualification ◽  
The Russian Federation ◽  
The Government

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.

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