scholarly journals Social dialogue in Russia: constitutionalization and expanding the legal content of the concept

2021 ◽  
Vol 5 (3) ◽  
pp. 249-261
Author(s):  
S. Yu. Chucha
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Social Processes ◽  
Social Solidarity ◽  
Social Significance ◽  
Social Dialogue ◽  
The Social ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government

The subject of research is the concept of social dialogue in labor and relations directly related to them that was enshrined by Russian Constitution for the first time in Russian history in 2020.The purpose of article is to confirm or disprove hypothesis that the constitutionalization of social dialogue, the unprecedented expansion of the legal content of the concept to a much wider range of social relations (that are no longer associated exclusively with the social and labor sphere) requires a new definition of the social significance of social dialogue, its connection with other social processes and institutions.The methodology of research is formal legal and logical interpretation of Russian Constitution and labor legislation, analysis of the academic publications concerning labor law.The main results, scope of application. The constitutionalization of social dialogue requires to identify it’s interrelation with other social processes and institutions - economic, political and social solidarity, social responsibility of business, civil society, the social state. The author tries to trace the transformation of the conceptual apparatus, content and regulatory framework of social dialogue and develops recommendations for improving its legal regulation.Based on the analysis of the practice of applying articles of the amended Russian Constitution, it is proposed to amend Art. 23 of Russian Labor Code. At the same time, the content of the elements of this system of social dialogue in the field of labor relations will be disclosed in articles of the second and thirteenth sections of Russian Labor Code. It is proposed to amend the normative acts adopted in accordance with the Russian Labor Code containing the appropriate terminology. Normative acts of social dialogue (sectoral tariff agreements and collective agreements), the effect of which is limited in time, can be updated simultaneously with the planned measures for the development and conclusion of relevant acts for the future period.Conclusions. Ensuring the implementation of the principles of social dialogue is entrusted by the Constitution to the Government of the Russian Federation. The content of these principles is disclosed in the norms of the Labor Code of the Russian Federation. With the entry into force of amendments to the Constitution, these scientifically grounded and legislatively enshrined principles do not need a radical revision based only on the very fact of the appearance of the corresponding constitutional provision. At the same time, the work on their analysis and filling with new legal meaning based on the rule-making and current law enforcement practice is not excluded and can be useful.

The innovations of the Constitution of the Russian Federation: present and future. A reflection on faults… or results? (The end)

2021 ◽  
pp. 72
Author(s):  
Nikolaj M. Dobrynin
Keyword(s):  
Russian Federation ◽  
Social Solidarity ◽  
Russian People ◽  
Political Sphere ◽  
Starting Point ◽  
The Social ◽  
Russian Constitution ◽  
Firm Basis ◽  
The Russian Federation ◽  
Russian Model

The paper is an analytical overview focused on the amendments, which were included to the Constitution of the Russian Federation in 2020, in order to estimate their meaning and probable effects from the perspectives of the Philosophy of Law and ontological grounds of the Russian model of constitutionalism, as well as from the point of presently formed and actual social and political practices. Relying upon the different views and public eventful circumstances, author makes the conclusion that all the needed improvements of the contemporary Russian constitutionalism cannot be reached merely by revising the 1993 Russian Constitution, whatever revisions could be. Contrarily, the process of formation of value-enriched fundamentals of social transactions and the constitutionality of socio-political sphere are to be founded on the ground of moral basics of the Russian people which are able to become a source of achieving of the social solidarity, revival of a trust between people and government, maintain a firm basis for a complete implementation of the constitutional provisions and serve as a starting point for the whole legal modernization of Russia.

scholarly journals Legal Nihilism in the Context of the Implementation of Amnesty and the Social Consequences of its use (on the Example of the Russian Federation)

2019 ◽  
Vol 8 (4) ◽  
pp. 6069-6072 ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Positive Impact ◽  
Comprehensive Analysis ◽  
Social Consequences ◽  
Dual Nature ◽  
The Social ◽  
The Russian Federation

The article deals with the peculiarities of the interaction of such legal phenomena as legal nihilism and amnesty. Based on a comprehensive analysis of these phenomena, the authors substantiate the opinion that the issue of an amnesty act can have both positive and negative social consequences, which reflect the dual nature of legal nihilism: the combination of both destructive manifestations and a positive impact on social relations.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals MODERNIZATION OF INSTITUTIONAL AND LEGAL BASES FOR THE DEVELOPMENT OF THE RUSSIAN ARCTIC

2018 ◽  
Vol 9 (3) ◽  
pp. 351-363
Author(s):  
V. N. Leksin ◽  
B. N. Porfiriev
Keyword(s):  
Russian Federation ◽  
Spatial Development ◽  
The Arctic ◽  
Russian Arctic ◽  
Investment Projects ◽  
Economic Problems ◽  
Spatial Systems ◽  
The Social ◽  
The Russian Federation ◽  
The Government

Purpose: the purpose of the research is to evaluate proposals on the formation of a fundamentally new support and zonal structure for managing the development of the Russian Arctic and related changes in the regulatory and legal support for this development.Methods: research is carried out with the use of interdisciplinary methodologies which integrate specific tools of research of economic, sociological, political science, ecological, legal and other issues of spatial systems’ functioning.Results: there is an active modernization in the production, infrastructure and defense spheres on the territory of the Russian Arctic, the accelerated development of which can be considered a prerequisite for solving the social and economic problems of the integrated development of the whole macroregion. At the same time, the gradual modernization of the institutional and legal bases for the development of the Arctic zone of the Russian Federation (AZRF) began. An additional impetus was given to it by the adoption of Decree №1064 of the Government of the Russian Federation of August 31, 2017 on a new state program for the development of the Arctic that made significant adjustments to earlier decisions on public administration and legal support for the development of the Russian Arctic.Conclusions and relevance: the authors showed that one of the main reasons for the slow implementation of the justifiably ambitious intentions of the country's leadership on the complex socio-economic re-development of the Russian Arctic was the underestimation of the importance of modernizing the institutional and legal bases for the re-development of the Russian Arctic. The modernization of the institutional and legal bases of spatial development is becoming an important factor in the stable functioning of not only the state, regions and municipalities, but also for the implementation of any investment projects. The data on innovations in the structure of the institutes and legal regulators of the development of the Russian Arctic confirms the undoubtedly positive potential for modernizing the institutional and legal bases for the spatial development of the Russian Arctic and the need for experimental verification of the decisions taken so that that potential could be fully realized. 

scholarly journals Development of Common Approaches to the System of Indicators for Strategic Planning Documents of Russian Regions

2019 ◽  
pp. 56-65 ◽  
Author(s):  
Svetlana Lipina ◽  
Natalya Sorokina ◽  
Lyubov Belyaevskaya-Plotnik ◽  
Lina Bocharova
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
Methodological Approach ◽  
Continuous System ◽  
Government Programs ◽  
Legal Documents ◽  
Russian Region ◽  
The Social ◽  
The Russian Federation ◽  
The Government

The assessment of strategic planning documents at various levels of the system of state and municipal governance should allow not only to track the degree of achievement of planned results and the type of development of allocated resources but also to contribute to a fuller and completer understanding of the essence of processes and changes in the social and economic system of the territory (country, region, municipality). The methodological approach to the development of the system of indicators of government programs of a Russian region in relation with the indices from strategic documents of federal and regional levels is suggested. It is proved that the methodology of development of target indices of strategic papers of a region of the Russian Federation must be founded on a continuous system of coefficients and indices of strategic papers of various governance levels for the increase of assessment efficiency and obtaining the possibility of using the results for the assessment of their impact on the achievement of the goals set. Based on the analysis of the content of the federal legal documents (Order of the Ministry of Economic Development of the Russian Federation of September 16, 2016 No. 582 and Decree of the Government of the Russian Federation of August 2, 2010 No. 588), the main requirements for the indices (coefficients) for strategic papers of the regional level are specified. The specific measures and practical recommendations on the development of common approaches to the system of indices (coefficients) of government programs of regions of the Russian Federation in relation with indices (coefficients) of federal government programs and the indices (coefficients) developed by other regions are suggested.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals The 2020 Constitutional Reform in the Russian Federation as a Way to Strengthen the Nation

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Sergey N. Baburin ◽  
Keyword(s):  
Russian Federation ◽  
Social Economic ◽  
Moral Values ◽  
Constitutional Reform ◽  
Russian Society ◽  
Ethnic Communities ◽  
Russian State ◽  
The Social ◽  
Russian Constitution ◽  
The Russian Federation

The article considers the positive changes of the Russian Constitution, implemented during the constitutional reform of 2020, justified the relevance and significance of the constitutional reform of 2020, which for the Russian Federation is an important step towards strengthening the nation as a multinational people of Russia, its unity. The return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state is made with the understanding that the nation in Russia is a civilizational union of many peoples. The consolidation of the multi-ethnic people of Russia is considered in the spiritual, moral, social, economic, political and civilizational levels, when the consolidation of cultural unity of modern Russia is carried out at the same time protecting the identity of all peoples and ethnic communities of the Russian Federation. It is concluded that the constitutional reform of 2020 has not removed from the agenda the question of the need for a new Constitution of Russia.

Optional signs of the subjective part in crimes against life and health in russian legislation: psychological and criminological aspects

2021 ◽  
Vol 7 (3B) ◽  
pp. 105-115
Author(s):  
Marina Leonidovna Prokhorova ◽  
Elena Vladimirovna Silchenko ◽  
Elena Anatolyevna Elets ◽  
Ilya Nikolaevich Ulitin
Keyword(s):  
Social Behavior ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Behavior ◽  
Criminal Code ◽  
Forming Process ◽  
The Social ◽  
The Russian Federation

Within the scope of the current research, the analysis of the psychological and criminological aspect of the optional signs of the subjective part in crimes against life and health has been conducted. Within the scope of the psychological and criminological features, stated patterns can be disclosed through the forming process of the criminal behavior mechanism.  Within the framework of the current research it has been established that individual determinant which can help to differentiate related elements of crime are common to each premeditated crime against life and health. Mental derangements, irritation, anti-social behavior, depreciation of the social relations, indifference to others and other negative emotional patterns are often common to the criminals committing premeditated crimes which are punishable under Chapter 16 of the Criminal Code of the Russian Federation. Discovered patterns can be useful for the development of new investigation techniques, for the prevention of the stated crimes and legislation improvement.

LEGAL BASIS OF SOCIAL GUARANTEES FOR MEDICAL WORKERS AFFECTED BY CORONAVIRUS INFECTION (COVID-19)

2020 ◽  
Vol 3 ◽  
pp. 20-30
Author(s):  
S.N. Puzin ◽  
◽  
S.S. Memetov ◽  
I.V. Dedeneva ◽  
O.V. Khorkova ◽  
...  
Keyword(s):  
Social Support ◽  
Russian Federation ◽  
Social Insurance ◽  
Medical Personnel ◽  
Insurance Fund ◽  
Social Insurance Fund ◽  
The Social ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

The article discusses current regulatory legal acts and clarifications on their application on social support for doctors, paramedical and junior medical personnel of medical organizations, ambulance drivers directly working with patients with a new coronavirus infection (COVID-19). The federal laws, Decrees of the Government of the Russian Federation, and Orders of the Government of the Russian Federation in the field of social support are analyzed. The article contains material on the possible types of medical examinations, systematizes the existing state guarantees for compulsory state insurance for certain categories of medical workers, and the possibility of obtaining the necessary documents from medical organizations and medical and social examination institutions for submission to the Social Insurance Fund of the Russian Federation.

scholarly journals The concept of significance of violation of procedural norms of legislation of the Russian Federation on taxes and fees in terms of appointing an on-site tax audit

2021 ◽  
pp. 60-69
Author(s):  
Maksim Igorevich Zimulkin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Case Law ◽  
Legal Aspects ◽  
The Social ◽  
Relevant Case ◽  
Tax Audit ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legislation of the Russian Federation, case law, as well as domestic and foreign doctrine, which allow establishing the essence of legal relations for the purpose of appointment of on-site tax audit. The object of this research is the social relations in terms of appointing an on-site tax audit. The author considers legal aspects associated with the procedural issues of appointing an on-site tax audit, and violations committed by tax officials in appointing an audit. Special attention is given to the problems of qualification of procedural violations as significant, i.e. entailing cancellation of the decision of tax authority, acknowledgement of actions (or inaction) of tax officials as unlawful. The scientific novelty of this work consist in formulation of the criterion of significance of violation of procedural norms of the legislation of the Russian Federation on taxes and fees in terms of appointing an on-site tax audit. Leaning on the results of research of the Russian and foreign doctrine, as well as the analysis of the relevant case law, the author determines the procedural violations of tax officials committed in appointing tax audit, which should result in cancellation of the decisions of tax authorities, an acknowledgement of the actions (or inactions) of tax officials as unlawful. The conclusion is made on the content of the criterion of significance of violation of procedural norms of the legislation of the Russian Federation on taxes and fees in terms of appointing an on-site tax audit.

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