About the subject of the civil contract and government contract for purchase of goods, works and services for needs of penal system

2019 ◽  
pp. 164-174
Author(s):  
Дмитрий Вадимович Хильман
Keyword(s):  
The State ◽  
Penal System ◽  
The Subject ◽  
The Government ◽  
Contractual Obligations ◽  
Civil Contract ◽  
Government Contract

В статье анализируется правовая и экономическая сущность категории «предмет гражданско-правового договора», раскрывается авторский подход к его пониманию. Определяется практическое назначение и функции условия о предмете договора, выявляются составляющие его ключевые признаки. Представлены выводы о специфике классификации договорных обязательств по критерию различности их предмета, анализируются особенности описания предмета государственного контракта на закупку товаров для нужд уголовно-исполнительной системы. In article the legal and economic essence of category “subject of the civil contract” is analyzed, author's approach to his understanding reveals. Practical appointment and functions of a condition about subject of the contract is defined, the key signs which are it come to light. Conclusions about specifics of classification of contractual obligations by criterion of a difference of their subject are drawn, it is analyzed features of the description of a subject of the government contract on purchase of goods for the state needs.

LEGAL AND ORGANIZATIONAL PROBLEMS OF CONDUCTING COMPREHENSIVE COMMISSION INSPECTIONS OF PENAL FACILITIES ON THE SUBJECT OF ANTI-TERRORIST SECURITY STATE ASSESSMENT OF PENAL OBJECTS (TERRITORIES)

2021 ◽  
pp. 128-133
Author(s):  
Олег Игоревич Денисенко ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
State Assessment ◽  
The State ◽  
Organizational Level ◽  
Penal System ◽  
High Quality ◽  
The Subject ◽  
The Russian Federation ◽  
Qualitative Characteristics

В связи с увеличением числа преступлений террористической направленности разрешения требуют вопросы, связанные с обеспечением объектов (территорий) УИС инструментами антитеррористической защищенности, к которым можно отнести такие, как проведение организационно-практических мероприятий антитеррористической защиты объектов УИС, наличие соответствующей документации и ответственного должностного лица, выполнение режимных требований на объектах УИС в соответствии с законодательством РФ, а также обеспечение контроля за количественными и качественными характеристиками эксплуатируемых инженерно-технических средств охраны и надзора. Актуальность проводимого исследования обусловлена необходимостью качественной реализации в правоприменительной практике совокупности требований обеспечения мероприятий по обеспечению антитеррористической защищенности объектов (территорий) УИС с целью защиты прав и интересов всех субъектов уголовно-исполнительной системы от террористического посягательства. Авторами выявляются проблемы правового и организационного уровня при оценке состояния антитеррористической защищенности объектов УИС: формализм при проведении обследований, недостаточный уровень оснащенности объектов УИС инженерно-техническими средствами охраны и надзора, а также финансирования для удовлетворения нужд объектов УИС в части обеспечения антитеррористической защищенности. Помимо прочего упоминаются такие проблемы, как отсутствие унифицированных принципов организации деятельности комплексных комиссионных обследований, разработанных с учетом современных правоприменительных норм и запросов практики, а также обосновывается необходимость повышения компетентности сотрудников ФСИН России при проведении комплексных комиссионных обследований. In connection with the increase in the number of terrorist crimes, the resolution requires issues related to the provision of facilities (territories) of the penal system with anti-terrorist security tools, which include such as the implementation of organizational and practical measures for the anti-terrorist protection of the penal system, the availability of appropriate documentation and a responsible official, the implementation of regime requirements at the facilities of the penal system in accordance with the legislation of the Russian Federation, as well as ensuring control over the quantitative and qualitative characteristics of the operating engineering and technical means of protection and supervision. The relevance of the study is due to the fact that in law enforcement practice, a high-quality implementation of the set of requirements for ensuring the anti-terrorist protection of objects (territories) of the penal system is required so that the rights and interests of all subjects of the penal system in terms of protection from terrorist encroachment are observed. The authors identify the problems of the legal and organizational level when assessing the state of anti-terrorist security of penal facilities: formalism in conducting surveys, insufficient equipment of penal facilities with engineering and technical means of protection and supervision, as well as the level of funding to meet the needs of penal facilities in terms of ensuring anti-terrorist protection. Among other things, such problems as the lack of unified principles for organizing the activities of complex commission surveys, developed taking into account modern law enforcement norms and practice requests, are mentioned, as well as the need to improve the competence of employees of the Federal Penitentiary Service of Russia when conducting comprehensive commission surveys is substantiated.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals International Experience Integration of Openness and Transparency Level Evaluation of Socially Oriented Non-Governmental Organizations into Russian Practice

2021 ◽  
Author(s):  
A.B. Novozhilov ◽  
A.V. Starshinova ◽  
E.B. Arkhipova
Keyword(s):  
Financial Support ◽  
International Experience ◽  
The State ◽  
Quantitative Methodology ◽  
Governmental Organization ◽  
Social Partnership ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Subject ◽  
The Government

This article deals with international experience integration of openness and transparency level evaluation of activities by non-governmental organizations (NGOs) into the Russian practice. The object of this study is socially oriented non-governmental organizations — both those that receive financial support from the state and those that do not. The subject of the study is the transparency and openness of the socially oriented non-governmental organizations of the Sverdlovsk region. The article proposes the following hypothesis: the government provides financial support to exceptionally transparent and open socially oriented non-governmental organizations; the most popular socially oriented non-governmental organizations are considered the most transparent, and the state financial support is provided to them. To evaluate the level of openness and transparency of non- governmental organizations the authors use quantitative methodology for websites monitoring of non-governmental organizations. The indicators proposed allow for the evaluation of the current level of openness of socially oriented non-governmental organizations. In addition, the article assesses available statistics to evaluate the popularity indicator of specific socially oriented non-governmental organizations. Keywords: non-governmental organization, openness and transparency of NGOs, financial support, social partnership, government social policy

scholarly journals Official recognition of facts as an institution of international law: problems and

2020 ◽  
pp. 222-238
Author(s):  
Kira L'vovna Sazonova
Keyword(s):  
Intergovernmental Relations ◽  
Practical Interest ◽  
The State ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Common ◽  
A Chain ◽  
Official Recognition

We are witnessing a formation of the new institution of recognition, which can be referred to as the “official recognition of facts”. Such seemingly different political themes as annexation of Crimea by the Russian Federation, the “Skripal Case”, or the status of the Golan Heights have an important common parameter – each of them has become an object of recognition by at least one country. Examination of the causal links that conduce certain countries to issuing the acts of recognition of long-past events or territorial changes are of considerable scientific and practical interest. Recognition of facts by the state is of paramount importance, as it[WU1]  is documented and reflects stance on a specific event, fact, or occurrence. Recognition ensures legitimacy for further actions of the state and initiates a chain of related political and legal events, including sanctions. Over the recent years, recognition of facts by the countries has become more frequent, and virtually becomes a means of political manipulation. Classification of the facts and events that have most often been the subject of recognition allows determining the common trends in the procedure of recognition, as well as the factors that prompt the country to resort to such step. Thus, at times strange and illogical actions of the state associated with the official recognition or non-recognition of the fact acquire a specific political and legal meaning, and allow analyzing the new strategic vectors in intergovernmental relations.  [WU1]

scholarly journals Verbal Groups of Telic Action in Albanian Language

2017 ◽  
Vol 4 (3) ◽  
pp. 43
Author(s):  
Gjilda Alimhilli Prendushi
Keyword(s):  
The State ◽  
The Other ◽  
Syntactic Features ◽  
Other Hand ◽  
Basic Meaning ◽  
The Subject ◽  
Syntactic Behavior

In this article I introduce and analyze the syntactic behaviour (compatibility and restrictions) of achievement and accomplishment verbs in standard Albanian, according to Aktionsart. The Aktionsart is a system of classification of verbs into verbal classes morphologically distinct from each other, in which at the basic meaning of the verb are added different values of space, quality, etc. The accomplishments and achievements in Albanian have comparable action meaning and syntactic behavior, such as to justify their inclusion in the class of telic verbs. A telic verb is that one which presents an action or event as being completed in some manner. On the other hand, these two subclasses of telics are also characterized on the basis of a series of distinctive elements that lead us to lay a certain distinction between them. An accomplishment verb is a form that expresses that something or someone has undergone a change in state as the result of the completion of an event. On the other side an achievement verbs express an instant action that changes the state of the subject. By using the categories and procedures of textual linguistics I focus on the semantic and syntactic features of some groups of verbs.

scholarly journals NEW MEANS OF COMMUNICATION AND THE OLD SYSTEM (INTEGRATION OF THE TELEPHONE ACTIVITY INTO THE SYSTEM OF STATE REGULATION OF COMMUNICATIONS IN RUSSIA IN THE LATE 19TH AND EARLY 20TH CENTURIES)

2021 ◽  
pp. 38-47
Author(s):  
S. V. Perekrestova ◽  
Keyword(s):  
System Integration ◽  
State Regulation ◽  
The State ◽  
Main Concern ◽  
Main Principle ◽  
State Management ◽  
State Income ◽  
The Subject ◽  
State Monopoly ◽  
The Government

The paper analyzes the process of formulating the main principles of the state regulation of the telephone activities in Russia in the late 19th and early 20th centuries. Even though the emergence of the telephone in Russia matched the process of the whole unified postal and telegraph service’s organizing, crucial necessity of including the telephone into the system of the state management of communications did not become just a step in these reforms’ development. It caused the discussion on another matter, namely on the main principle of the system’s functioning, i.e. perception of the communications as the subject of the state monopoly. Thus, the Russian government’s attempts to adopt the telephone to a broadly settled system of the state regulation happened to be followed by the debates on neither administrative no technical, but on the legal and economic matters. Lately, they moved to the principle of the state monopoly in the communications sphere as a whole and to perception of the latter as a source of the state income. Nevertheless, during the analyzed period, the focus of all the disputes was made on responding to the private capital’s threat to the monopoly status of the government. However, its main concern was not the monopoly itself, but one of its aspects, i.e. the most commercially profitable way to build and use the telephone communications.

NON-MILITARY CELLS IN STATE MILITARY SECURITY SYSTEM

2011 ◽  
Vol 162 (4) ◽  
pp. 91-98
Author(s):  
Zenon ZAMIAR ◽  
Piotr ZAMIAR
Keyword(s):  
Public Administration ◽  
The State ◽  
Security System ◽  
Defence System ◽  
Military Security ◽  
The Subject ◽  
The Military

The subject of the article is the role and place of non-military cells, including public administration, in the system of the military security of the state. The article presents the classification of non-military cells, the essence of their activities and tasks in the defence system of the state.

scholarly journals The worldview of Vasily Nikolaevich Leshkov

2020 ◽  
pp. 39-49
Author(s):  
Natal'ya Fedorovna Polyntseva
Keyword(s):  
Significant Contribution ◽  
Theoretical Framework ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Legal Science ◽  
The Subject ◽  
The Government

The subject of this research is the identification of views of Vasily Nikolaevich Leshkov. The source base consists of the works of V. N. Leshkov, scientific article published in the periodicals, texts of scientific reports. Theoretical framework contains the works on studying the concept of public law of A. A. Vasilyev, A. A. Tesli; works involving police law of K. S. Belsky, N. S. Nizgbik, T. O, Chukaev. The historical-legal science does not pay sufficient attention to the ideas and figure of V. N. Leshkov. The scientific novelty is substantiated by the subject and methods of research. The author attempted to examine the state-legal ideas of V. N. Leshkov, taking into account the questions of interaction between the government and society, as well as the grounds of the theory of public law. The significant contribution made by Leshkov to the sphere of public law and police law is highlighted. The scientific works of Vasily Nikolaevich Leshkov have not previously undergone systemic and complex examination, while the proposed by him theories and concepts remain relevant until today.

scholarly journals The Role of Indonesian Constitutional Court in Resolving Disputes among the State Organs

2019 ◽  
Vol 5 (2) ◽  
pp. 159
Author(s):  
Iwan Satriawan ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Subject Matter ◽  
The State ◽  
Constitutional Court ◽  
Checks And Balances ◽  
Legal Standing ◽  
The Subject

The paper attempts to assess the role of the Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court’s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court has not made a significant impact on the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to the unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only, small numbers cases registered and heard by the Constitutional Court. Furthermore, most of the cases registered in the Court either been rejected or not been accepted by the judges. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear.

scholarly journals The dynamics of operation in the regional development in Algeria: Field study - Wilaya of Souk-Ahras: ديناميكية التشغيل في التنمية الإقليمية بالجزائر: دراسة ميدانية - ولاية سوق أهراس

2019 ◽  
Vol 3 (4) ◽  
Author(s):  
TAREK BRIK BERROUK
Keyword(s):  
Regional Development ◽  
Local Level ◽  
The State ◽  
High Rate ◽  
Employment Sector ◽  
Starting Point ◽  
The Subject ◽  
Development Of Competencies ◽  
The Government ◽  
Employment Programs

This study dealt with an important topic and an important file that attract the attention of many researchers in many fields, such as economics, politeness and sociology, namely the subject of operation and specifically the dynamics of operation in the regional development in Algeria, through which we tried to customize the most important devices and programs of operation approved by the State, and revealed the extent of their contribution in advancing the development in the territory of the Wilaya (province) of Souk-Ahras. The high rate of unemployment, making the state think of alternative programs contributed to the absorption of human resources are working to be a pillar of development, especially if it is organized and invested and exploit the energies of the best exploitation. This study is a subsequent study of a previous study (the role of youth employment programs in the promotion of work and development of competencies) in this field (operating), which is the starting point for subsequent study later (the phenomenon of invasion of the female component of the labor market, professional integration, professional conscience - values ​​and ethics) , The subject has been addressed in all its possible and available aspects, in accordance with a systematic plan that reinforces our field vision to build this study, based on a central question: What is the reality of operationalization in the development of the territory of the Wilaya (province)? The study found a major outcome: * The ineffectiveness and effectiveness of the strategy and programs of employment at the national and local level in advancing development because of adopting the problems of young people and removing them from unemployment temporarily. Based on this, we had to make a set of recommendations that would contribute to providing an appropriate aspect of the workforce, whether qualified or ineligible: In order for the employment sector to participate in the development process, the government must have a genuine and serious desire to create permanent jobs in all sectors without exception. * Encourage employment development by proposing measures that allow the supply of demand to be rounded up in this operating area.

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