scholarly journals STATE SECURITY AND THE RIGHT OF A PERSON TO LIVE IN THE NATIVE LAND TERRITORIES RECOGNIZED AS SPECIALLY PROTECTED

2020 ◽  
pp. 44-58
Author(s):  
В.А. Винокуров ◽  
К.В. Шафигулин
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Environmental Safety ◽  
Security Issues ◽  
State Security ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Right ◽  
Specially Protected Natural Territories ◽  
Natural Territory

В статье рассмотрены вопросы безопасности государства, связанные с проживанием лиц на исконной территории, которая признана особо охраняемой природной территорией. Проанализированы законы, действующие в Российской Федерации, выявлены проблемы, связанные с отсутствием нормальной регламентации жизни и деятельности лиц, проживающих на землях своих предков, которые были отнесены к категории земель, особо охраняемых государством. Обозначены особенности проживания на таких территориях лиц, отнесенных к коренным малочисленным народам России. Одновременно прослежена связь между вопросами национальной безопасности и ограничением права человека проживать и осуществлять необходимую для своей жизни деятельность на исконной территории. В целях соблюдения установленных принципов безопасности государства, включая экологическую безопасность, а также для соблюдения прав лиц, проживающих на особо охраняемых природных территориях, в статье сформулированы предложения по внесению изменений в федеральные законы «Об особо охраняемых природных территориях» и «Об охране озера Байкал». The article deals with the issues of state security related to the residence of individuals in the ancestral territory, which is recognized as a specially protected natural territory. The article analyzes the laws in force in the Russian Federation and identifies problems related to the lack of normal regulation of the life and activities of people living on the lands of their ancestors, which were classified as lands specially protected by the state. The features of residence in such territories of persons classified as indigenous small-numbered peoples of Russia are indicated. At the same time, there is a link between national security issues and restrictions on the right of a person to live and carry out activities necessary for their life on the ancestral territory. In order to comply with the established principles of state security, including environmental safety, as well as to respect the rights of persons living in specially protected natural territories, the article contains proposals for amendments to the Federal laws "On specially protected natural territories" and "on the protection of lake Baikal".

scholarly journals Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 96-108 ◽  
Author(s):  
N. G. Zhavoronkova ◽  
V. B. Agafonov
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Environmental Safety ◽  
Point Of View ◽  
Environmental Decision Making ◽  
Methods Of Evaluation ◽  
Methodological Problems ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The paper is devoted to the study of theoretical problems of legal provision of ecological, biosphere and genetic security in the system of national security of the Russian Federation. It is noted that from the legal point of view the process of «legitimization» of the term (concept) of environmental safety has been successfully completed. This term is widely used in legislation and law enforcement practice, however, the term «environmental safety» still does not have a pronounced context, distinguishable, for example, from the terms «environmental protection», «environmental risk», «sustainable development». If there is a legitimate (conservative) understanding of environmental safety, there is still no modern legal and clear, unambiguous and essential content of the concept of «safety» (including genetic, biological, biosphere, evolutionary and other currently relevant types of safety). Attempts to define safety (along with vulnerability) through threats, damages, stability, losses, have the right to exist, but do not give adequate and substantial sense. Based on the analysis of the current legislation and strategic planning documents, it is concluded that new theoretical and methodological approaches to the understanding of both the basic concept of «safety» and the concept of «environmental safety» are required. According to the authors, due to the emergence of new global challenges and threats (genetic, biosphere, biological, climatic, etc.) in a specific law it is advisable to revise the underlying definition of environmental safety, stressing its specificity. It is important to form the conceptual framework, including the definition and assessment of threats, risks; to select standards and methods of evaluation, classification of threats, their records; to provide for the variability of action of state authorities and local self-government in case of security threats and also the mechanism of participation of citizens and public associations in environmental decision-making on issues of environmental safety. 

The Experience of the Russian Federation and the People's Republic of China

2021 ◽  
pp. 63-70
Author(s):  
A. K. Rozhkova ◽  
A. B. Chernykh
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Advantages And Disadvantages ◽  
State Security ◽  
The Russian Federation

The article reveals the problem of the correlation of national security, state and security, analyzes the National security Strategies of the Russian Federation in 2015 and 2021. Attention is focused on the absence of a separate strategic planning document on ensuring state security in the Russian Federation, as well as a legal definition of the term «state security». The authors have studied the experience of legal regulation of relations related to ensuring state security in the People's Republic of China: the Law «On State Security» is analyzed from the point of view of its structure and content, the main advantages and disadvantages of this normative act are highlighted. This regulatory legal act traces the consistency and clarity of the wording, indicates the obligation of citizens of the People's Republic of China to ensure state security.

scholarly journals The National Interests of the Russian Federation in the Agricultural Sphere and Their Reflection in the New Food Security Doctrine

Legal Concept ◽  
2020 ◽  
pp. 60-66
Author(s):  
Yuri Bokov ◽  
Artem Mokhov
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
Social Protection ◽  
Comparative Method ◽  
Environmental Safety ◽  
The State ◽  
Industrial Complex ◽  
Security Issues ◽  
Export Policy ◽  
The Russian Federation

Introduction: the changes in the social and economic situation in recent years and the sanctions policy towards the Russian Federation require adjustments to the main strategic interests and priorities of the Russian state’s policy in the field of agro-industrial complex and ensuring the country’s food security. The purpose of the work is to identify the main factors that influence the formation of new principles and interests of the state in the field of food security, their reflection in the basic documents on ensuring the national security of the Russian Federation. The methodological framework for the study is the method of scientific analysis, as well as the comparative method. The result of the research is to determine the main trends in the legal support of food security in the context of the constitutional and agrarian legislation reform. Conclusions: in comparison with the previous documents, it is concluded that the list of the state interests, goals and objectives in the field of agriculture is enlarged by strengthening the requirements of social security and social protection, as well as expanding national agricultural production in order to achieve a state of food independence, ensuring the export policy. In the context of the July 2020 decisions the all-Russian vote on Amendments to the Constitution of the Russian Federation justifies the increased importance of food security issues, creating conditions for improving the standard of living of citizens, social obligations of the state in the field of agriculture, and sustainable development of rural territories. It is pointed out that it is necessary to take into account the requirements of environmental safety in the strategic planning in the agri-food sector.

scholarly journals Responsibility of the president and the prosecutor's office for the integrity and security of the state

2021 ◽  
Vol 5 (2) ◽  
pp. 86-98
Author(s):  
N. A. Blokhina ◽  
M. A. Vlasova
Keyword(s):  
Russian Federation ◽  
Selection Procedure ◽  
Scientific Activity ◽  
Federal Law ◽  
Russian Government ◽  
State Security ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Right

The subject. The evolution of regulation of prosecutor’s activity in Russian Constitution as well as the role of Prosecutor's Office in provision of national security and integrity are being considered.The purpose of the article is to confirm or disprove hypothesis that the preservation of the Prosecutor's Office made it possible to prevent the destruction of the Russian Federation and protect the country's security from significant threats.The methodology. The authors use a dialectical method as well as analysis and synthesis. An important role is given to formal legal interpretation of Russian Constitution and legal acts.The main results, scope of application. The question of who saved the Russian Prosecutor's Office from the attempt to liquidate it in the autumn of 1993 is being covered in detail. There was not even a mention of the Prosecutor's Office in the draft Constitution of the Russian Federation. The Prosecutor's Office was supposed to be replaced by the institution of authorized representatives of the President in the constituent entities of the Russian Federation. Chapter 7 of the Russian Constitution was called "Judicial Power" until 2014, and it lacked the word "prosecutor's office", which caused a lot of bewilderment in the scientific and educational literature and turned the content of Chapter 7 into a kind of mystery. The article reveals the role of Alexander I. Kazannik in preserving the Russian Prosecutor's Office. The authors of the article name the main threats to state security: duplication of the powers of the federal government and the lack of effective legal guarantees of their responsibility, asymmetry of Russian federalism. Asymmetry leads to uneven implementation of citizens' rights and freedoms and distrust of power. The criteria for assessing the scientific activities of universities established in 2013 also pose a threat to state security.Conclusions. President Vladimir Putin has preserved the integrity and sovereignty of Russia, enforced the principle of the supremacy of federal law and strengthens Russia's security with the help of the Prosecutor's Office. The authors propose measures to strengthen Russia's security: (1) introduce a competitive selection procedure for the post of Prosecutor General of the Russian Federation with the participation of civil society institutions, which would have the right to present candidates to the Federation Council; (2) adopt a federal law on the Administration of the President of the Russian Federation to avoid duplication of powers with the Russian Government and other authorities; (3) change the criteria for assessing the scientific activity of universities, established by the Ministry of Science of the Russian Federation.

scholarly journals An Individual's Right to Criminological Security: the Concept, Content, and Place in the System of National Security of the Russian Federation

2018 ◽  
Vol 12 (4) ◽  
pp. 496-504
Author(s):  
Oхana Kolotkina ◽  
Ilia Minnikes ◽  
Inara Yagofarova
Keyword(s):  
National Security ◽  
Russian Federation ◽  
The State ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Legal Form ◽  
Dual Nature ◽  
Common Interests ◽  
The Russian Federation ◽  
The Right

Russian legislation has incorporated strategic documents in the sphere of security - the Strategy of National Security of the Russian Federation and the Concept of Public Security of the Russian Federation, - which has rendered the research of criminological security of a person, society and the state especially urgent. The interests of a person connected with ensuring his/her criminological security are often viewed in modern research through the prism of the interests of the state and the society in general. However, the authors believe that the criminological security of a person has a dual nature and combines the elements of both individual and common interests in the sphere of ensuring national security. The criminological security of a person should be given a legal form, and the authors support the idea that a person has a right to the protection of his/her vital interests against the unlawful infringements and other negative factors of criminogenic character, which should be provided through the law enforcement activities. The right of a person to criminological security, although absent from the list of constitutional rights and freedoms, has a distinct natural law, fundamental character, so the state should create such conditions that make it possible to predict, minimize, prevent and eliminate criminogenic threats, and this right should act as a legal guarantor of fulfilling other constitutional rights and freedoms. In this connection, the authors insist that it is possible and necessary to recognize the right of an individual for criminological security at the legislative level; this rights contents are unique compared to other fundamental rights and should be duly guaranteed by the state. If the criminological security of a person is given a legal form, this will make it possible to strike a balance between the interests of an individual, the society and the state in the ensurance of national security and its specific types.

scholarly journals Efficiency of public administration in terms of distribution coronavirus infection as the basis of national security

2021 ◽  
Vol 2020 (4) ◽  
pp. 98-104
Author(s):  
K. Shafigulin
Keyword(s):  
National Security ◽  
Public Administration ◽  
Critical Reflection ◽  
Personal Protection ◽  
State Security ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Federal Laws ◽  
Legal Grounds ◽  
Danger To Others

The article examines individual issues of state security through the prism of the effectiveness of public administration in the conditions of the spread of a new coronavirus infection (COVID-19) in Russia in 2020. The article analyzes the norms of Federal laws, according to which it is necessary to take measures to pro-tect the population from natural and man-made emergencies, including the spread of diseases that pose a danger to others. The decisions of the chief state sanitary doctors of the Russian Federation and the subjects of Russia that restrict the rights and freedoms of a person and citizen without having legal grounds for this are subjected to critical reflection. The article formulates conclusions that should help to improve the efficiency of public administration, which, in turn, will not reduce the level of personal protection, that is, to maintain national security at the proper level.

scholarly journals Ensuring environmental safety of citizens as a priority duty of the state

2020 ◽  
Vol 2020 (3) ◽  
pp. 121-126
Author(s):  
E. Ivanchenko
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
National Security ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Benefit ◽  
Environmental Safety ◽  
Social Programs ◽  
Multiple State ◽  
The Russian Federation

The exponentially increasing economic activity associated with the active use of natural resources, which is specific to the Russian Federation, in addition to the real economic benefit, simultaneously entails adverse consequences, the scale of which can objectively be regarded as another destructive element of the threat to the national security of the Russian Federation. In the context of implementing multiple state social programs aimed at improving living, working and demographic conditions, the issues of ensuring favorable environmental conditions should receive due attention from researchers, politicians, and law enforcement practitioners.

scholarly journals Anti-corruption standards in relation to public officials: application of the advanced legal regulation by the constituent entities of the Russian Federation

2021 ◽  
pp. 69-85
Author(s):  
Igor Sergeevich Andreechev
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
General Interest ◽  
Public Officials ◽  
The Subject ◽  
The Russian Federation ◽  
Federal Laws ◽  
Corruption Prevention ◽  
The Right ◽  
Current Stage

The subject of this research is the practices of advanced legal regulation of the constituent entities of the Russian Federation on the example of the sphere of corruption prevention. Examination of the regional legislative practices is of particular interest within the framework of implementation of the single state policy in the area of corruption prevention and development of anti-corruption legislation. The selected topic also reflects general interest for the assessment of advanced legal regulation of the constituent entities of the Russian Federation as a whole at the current stage. The goal of this research is to develop proposals on improving anti-corruption regulation on the federal level based on the regional anti-corruption practices, using the formal-legal, systematic, and comparative methods. The conducted analysis allows assessing the regional lawmaking practices, as well as the legislation on corruption prevention. The regional practices are aimed at unification of anti-corruption regulation on the regional and municipal levels, as well as filling the gaps caused by imperfection of the federal legal regulation. The constituent entities of the Russian Federation use the right to advanced legal regulation conservatively, although they have such opportunity in for synchronization of legal regulation on the regional and federal levels. This substantiates the need for addressing these issues in the federal laws. The introduction of anti-corruption restrictions, mechanisms of compliance thereof, and liability for their violation (noncompliance) should be established by the federal laws. The author believes that the considered in the article regional practices deserve support and reflection in the federal laws.

scholarly journals Prospects for Improving Responsibility of the Government of the Russian Federation before the Parliament of the Russian Federation under Constitutional Law

2021 ◽  
Vol 16 (6) ◽  
pp. 46-57
Author(s):  
A. O. Strelnikov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Responsibility ◽  
Russian Government ◽  
Improvement Measures ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Government ◽  
The Right

The paper is devoted to the study of the institution of constitutional and legal responsibility of the Government before the Parliament in Russia at the present time. In connection with the implementation of the Constitutional Reform in 2020, the author notes that the legislator has taken the path of strengthening the role and importance of the Parliament in terms of monitoring the activities of the Government. Nevertheless, the main drawback of the current legislation is still the lack of real sanctions that the Russian Parliament can apply independently in relation to the Russian Government or its individual members. Therefore, the author proposes a number of new sanctions, as well as a number of measures aimed at improving the existing mechanisms for applying sanctions of constitutional responsibility. In particular, it is proposed to introduce the right of the State Duma of the Russian Federation to present its own nominees for vacant positions in the Government, the approval of which is under the authority of the State Duma of the Russian Federation, to enable the State Duma to independently release individual members of the Government from positions approved by it. In addition, it is proposed to improve the procedure for expressing a vote of no confidence in the Government by the State Duma, namely, to introduce the obligation of the President of the Russian Federation to dismiss the Government of the Russian Federation in the event that the State Duma re-expresses no confidence in the Government within three months. It is also proposed to increase the role of the Council of Federation of the Russian Federation by introducing the power of this body not only to consult with the President of the Russian Federation, but to approve the corresponding candidacies of federal ministers proposed to this body by the President of the Russian Federation. The author notes that the proposed improvement measures will increase the effectiveness of the implementation of a number of federal laws regulating the parliamentary responsibility of the Government of the Russian Federation.

scholarly journals The Problem of Environmental Security of Russia

2015 ◽  
pp. 112-121
Author(s):  
O. I. Bashlakova
Keyword(s):  
Sustainable Development ◽  
National Security ◽  
Russian Federation ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Environmental Security ◽  
Ecological Crisis ◽  
The Sustainable Development ◽  
The Russian Federation

The theme of the article is essentially relevant. Relevant because Russian environmental safety can be ensured only with a glance to the sustainable development. In order to make this happen the state's priorities should be altered from economic to ecological ones. The article clarifies the definition of environmental safety, identifies the place and role of environmental safety in the country's national security, discusses some of the issues of the environmental security in a state in today's ecological crisis, offers a mechanism to ensure environmental safety, reflects the need for a change in the perspective of decision-makers and different groups of citizens with the instruments of ecologically-oriented policy. Moreover, the author explains the necessity of environmental education for the implementation of the environmental security in Russia in terms of the sustainable development. The author points out that if the systems of nature and the appropriate quality of the environment remain in a proper balance, the sustainable development in the Russian Federation, the quality of life and health of its population, as well as national security will be ensured. The fact, that the National Security Strategy of the Russian Federation includes the issue of environmental safety and defines it as a safeguard of the sustainable development in the society and favorable living conditions, is a reflection of such understandings. The article underlines there is a need to develop a mechanism for improving the legal regulation in the sphere of environmental security in the country. In this regard, the author concludes that such a mechanism will be aimed at protecting the interests of citizens and their right to an ecologically safe environment. That objective implies that enterprises and organization of all forms of ownership should be economically motivated to use the environmentally acceptable technologies and, consequently, to improve the environment's condition. The author implies that the environmental security is an essential component of the state national security, which can become a nation-binding idea, that can unite the peoples of Russia.

Sign in / Sign up

Export Citation Format

Share Document