Antitrust Compliance in the Pharmaceutical Industry: Problems and Prospects of Implementation

2022 ◽  
pp. 52-59
Author(s):  
M. А. Sdvizhkov
Keyword(s):  
Pharmaceutical Industry ◽  
Russian Federation ◽  
Sample Survey ◽  
Pharmaceutical Companies ◽  
Legal Institution ◽  
Federal Law ◽  
Economic Activities ◽  
Current State ◽  
The Russian Federation ◽  
Definition Of

The article examines the background of legislative consolidation and the main problems of the introduction by pharmaceutical companies of a new legal institution for the prevention of violations of antimonopoly legislation — antimonopoly compliance, introduced by Federal Law No. 33-FL of March 1, 2020.The definition of the concept and a brief description of the current state and trends in the development of the pharmaceutical industry in connection with the relations of competition are given.The necessity of introducing antimonopoly compliance by pharmaceutical companies as a relatively independent part of pharmaceutical compliance as the most general (universal) tool for self-prevention of any offenses by the company itself and all its employees in connection with official activities is substantiated.The main antimonopoly risks associated with the implementation of pharmaceutical companies’ economic activities are named. Typical examples of violations of antimonopoly legislation by pharmaceutical companies are considered.The results of a sample survey of pharmaceutical industry representatives conducted by the author on their attitude to the introduction of antimonopoly compliance are presented.Proposals have been formulated to amend the Code of Administrative Offences of the Russian Federation in order to create additional incentives for the implementation of antimonopoly compliance.

scholarly journals Issues of interaction and cooperation between prescribers and pharmaceutical companies

2013 ◽  
Vol 6 (3) ◽  
pp. 4-8
Author(s):  
Natalya Arkadyevna Morozova
Keyword(s):  
Pharmaceutical Industry ◽  
Russian Federation ◽  
Medical Condition ◽  
Medical Knowledge ◽  
Pharmaceutical Companies ◽  
Specific Drug ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

The prescription of a specific drug to treat a patient is influenced by the patient’s medical condition, the prescriber’s medical knowledge, and the pharmaceutical industry’s influence on the prescriber. This paper describes the different areas of interaction and cooperation between the prescriber and the pharmaceutical industry. This relationship is discussed in light of the requirements of the Federal law of the Russian Federation regarding the restrictions imposed on the prescribers. Problems of application of the standards of the law are discussed and ways of elimination of gaps of the legislation are offered.

scholarly journals On the need to develop criminalistic public prevention in order to organize counteraction to cybercrime on the territory of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 142-152
Author(s):  
Dmitriy Jidkov
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Criminal Behavior ◽  
Communication Technologies ◽  
Secretary General ◽  
Federal Law ◽  
Current State ◽  
Information And Communication ◽  
The Russian Federation ◽  
Definition Of

This article provides a statistical analysis of registered and solved crimes committed by using computer and telecommunications technologies on the territory of the Russian Federation, and offers a definition of cybercrime. Further, the author identifies the types of criminal behavior, in his opinion, related to cybercrime in general. Based on the content of the report of the Secretary-General of the United Nations «Countering the use of information and communication technologies for criminal purposes», the article examines the main problems that accompany the prevention of this category of crimes on the example of 61 reports of UN Member States, prepared as part of the requests of the Secretary-General, on the basis of General Assembly resolution No. 73/187 «Summary of national and international difficulties encountered in combating the use of ITT for criminal purposes». This research examines the current state of criminalistic crime prevention in Russia, provides an analysis of the current state associated with the disclosure and investigation of cybercrimes. The article presents proposals for amendments to the draft federal law «On Cyberdrugs», and suggests the development of a centralized forensic public prevention of cybercrime. Based on the responses to the relevant requests to the most well-known public organizations involved in the prevention of cybercrime, the author analyzes the activities of cyberdrugs on the territory of the Russian Federation. In the resolving part of the article, the author forms reasoned proposals for formatting the activities of Russian cyber-soldiers, in order to increase the effectiveness of their activities.

Current State of School Libraries in the System of Modern Education of the Russian Federation

2021 ◽  
Vol 70 (2) ◽  
pp. 205-218
Author(s):  
Dmitry A. Ivanchenko ◽  
Irina V. Berezina
Keyword(s):  
Russian Federation ◽  
School Library ◽  
School Libraries ◽  
Federal State ◽  
Educational Organizations ◽  
Federal Law ◽  
Modern School ◽  
Current State ◽  
The Russian Federation ◽  
State Educational

Since 2016, the Russian Federation has been implementing the Concept for the Development of School Information and Library Centres, the main purpose of which is to create conditions for the formation of modern school library as a key tool in the new infrastructure of educational organization that provides modern conditions for teaching and upbringing.The study assesses the current state of school libraries in the Russian Federation. The authors analyze the regulatory and organizational basis of school libraries’ activities, present in detail the difficulties of implementing the Concept for the Development of School Information and Library Centres, taking into account the norms and requirements for the organization of school libraries space, as well as consider the issues of staffing the activities of school libraries.The authors conclude that today at least half of school libraries do not meet the requirements of the Federal Law “On Education in the Russian Federation” and Federal State Educational Standards for their activities; and the heads of educational organizations are not interested in the development of library as it requires serious organizational and financial costs, but does not directly affect the performance assessment of their work.The updated school library, filled with relevant content, supported by personnel, methodology, technologies and resources, has the ability to update the content of school education, create the necessary modern infrastructure and use effective mechanisms for managing educational activities. The authors propose a number of actions, the implementation of which at the federal and regional levels will increase the effectiveness of further activities for the development of school libraries and information and library centres.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Petty crime: quo vadis?

2020 ◽  
pp. 20-29
Author(s):  
Elena Aleksandrovna Suponina ◽  
Igor' Petrovich Dolgikh
Keyword(s):  
Russian Federation ◽  
Academic Community ◽  
Public Place ◽  
Federal Law ◽  
Legal Norms ◽  
Systemic Analysis ◽  
The Subject ◽  
The Russian Federation ◽  
Quo Vadis ◽  
Definition Of

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

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 Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

TO THE ISSUE OF THE INFLUENCE OF UNEMPLOYMENT RATE ON ENSURE ECONOMIC SECURITY

2020 ◽  
Author(s):  
Irina Maratovna Gabbasova ◽  
Keyword(s):  
Labor Market ◽  
Spatial Structure ◽  
Russian Federation ◽  
Unemployment Rate ◽  
Economic Security ◽  
Negative Consequences ◽  
High Unemployment ◽  
Current State ◽  
The Russian Federation ◽  
Definition Of

The article provides statistics describing the current state of the labor market, the sexual and spatial structure of the unoccupied population of the Russian Federation, outlines approaches to the definition of economic security at the macro level. The negative consequences of high unemployment for the economic security of the country have been formulated

Invalidity of interested party transactions, made by joint-stock companies: a comparative legal experience

2018 ◽  
Author(s):  
Александр Трофимик ◽  
Aleksandr Trofimik
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
New Order ◽  
Legal Analysis ◽  
Law And Order ◽  
Federal Law ◽  
Related Party Transactions ◽  
The Russian Federation ◽  
Definition Of

The monograph is devoted to complex and system research of the problems in legal regulation concerning invalidity of related-party transactions in the context of the last short stories contained Chapter 11 of the Federal Law «On Joint-Stock Companies». With the application of comparative legal methodin this article is an attempt to establish fundamental primary legal unities of law and order in Germany and the Russian Federation in corresponding regulation and to differentiate substantial characteristics of theologically equivalent legal mechanisms. In this article such aspects of counteraction to conflict of interest in Germany’s Joint-Stock Companies are considered, which have not been presented in Russian research works earlier. In the article is given a doctrinal definition of the term «related-party transactions», analyzed a new order of making related-party transactions with relation to given guaranties for declaring a transaction voidable, formulated the invalidity elements of related-party transactions. The author made an attempt of technical legal analysis of invalidity elements correlation, established by the paragraph of third point 1 of Article 84 of the Federal Law «On Joint-Stock Companies», and in accordance with point 2 of Article 174 of the Civil Code of the Russian Federation.

scholarly journals THE CURRENT STATE OF THE AUDIT MARKET IN RUSSIA

2017 ◽  
pp. 63-68 ◽  
Author(s):  
U. Y. Roshchektayeva
Keyword(s):  
Russian Federation ◽  
Economic Activities ◽  
Audit Market ◽  
Economic Control ◽  
The Russian Federation ◽  
Legal Forms ◽  
Definition Of ◽  
Independent Auditing ◽  
Commercial Organizations ◽  
Market Relations

In the Russian Federation since the 1990s, the state tried to create a system of independent auditing: preparing for the auditors, formed the audit organization determined the list of their activities were confined to professional duties, rights and responsibilities of auditors in accordance with legislative acts, including rules (standards) of audit. However, still remain problematic issues of theory, methodology and methods, including definition of the essence of audit, control objects, object of knowledge, principles and functions. Requires justification also questions of development of methodology of audit by clarifying its requirements, tenets and elements of the system. The development of market relations in the economy, processes of globalization, the emergence of new organizational and legal forms of economic entities and diverse forms of ownership have had an impact on the mechanism of economic control in the Russian Federation, which became one of the most important elements of a market economy that actually performs the function of managing of economic subjects. One of the most important, promising and effective economic control of financial and economic activities of commercial organizations in a market is independent control - audit.

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