Legislation of the post-soviet states regarding walks of the convicts

2020 ◽  
pp. 82-90
Author(s):  
Андрей Анатольевич Павленко
Keyword(s):  
General Rule ◽  
Physical Exercises ◽  
Analysis And Synthesis ◽  
Penal Institutions ◽  
General Scientific ◽  
Principal Points ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

Предмет исследования - уголовно-исполнительное законодательство стран постсоветского пространства. В научной статье применялись следующие методы исследования: общенаучные - анализ и синтез, системно-структурный, формально-логический и частнонаучные - сравнительно-правовой, лингвистический, аксиологический. Исследование проведено по ряду критериев (параметров), отражающих различные аспекты права осужденных на прогулку. К числу таковых отнесены: локализация законодательного закрепления рассматриваемого права, взаимосвязь прогулок с физическими упражнениями на открытом воздухе, продолжительность прогулок, время и место их проведения, увеличение времени прогулок в качестве меры поощрения, а также возможность досрочного прекращения прогулки в случае нарушения осужденным установленных правил. Получены следующие результаты исследования - краеугольные элементы права осужденных на прогулки в УИК и КИН стран СНГ, основанные на положениях Модельного Уголовно-исполнительного кодекса СНГ, и, за исключением Исполнительного кодекса Молдовы, фактически идентичны. Напротив, регламентация прогулок в кодексах (законах) других трех стран постсоветского пространства (Грузии, Латвии и Эстонии) разительно отличается как от норм кодексов стран СНГ, так и друг от друга. Отдельные положения УИК и КИН стран постсоветского пространства заслуживают внимания и дополнительного изучения на предмет включения их в УИК РФ. К таким аспектам относятся: включение в число основных прав осужденных права на занятие физической культурой и спортом, а также возможность физических упражнений на открытом воздухе во время прогулок; установление в качестве общего правила для всех категорий осужденных, включая нарушителей, гарантированной минимальной продолжительности прогулки. The subject of the study is the penal legislation of the post-Soviet countries. The following research methods were used in this article: general scientific such as analysis and synthesis, systemic-structural, formal-logical and specific scientific - comparative-legal, linguistic, axiological. The study was conducted on several criteria (parameters), reflecting various aspects of the right of convicts to walk. Among these are: localization of the statutory recognition of this right, the relationship between walking and physical exercises in the open air, the duration of the walks, the time and place of their holding, the increase in the time of walking as an incentive, and the possibility of early termination of the walk in case of violation of the established rules by convicts. The following research results were obtained - principal points of the right of convicts to walk in penal institutions of the CIS are based on the provisions of the CIS Model Correctional Code, and, except for the Moldovan Executive Code, are virtually identical. On the contrary, the regulation of walks in the Codes (laws) of the other three countries of the post-Soviet territory (Georgia, Latvia, and Estonia) is very different from the CIS Codes and each other. Certain provisions of Correctional Codes of post-Soviet countries deserve attention and additional study as possible additions to the Correctional Code of the Russian Federation. Such aspects include the inclusion of the right to physical exercise as the basic right of convicts, as well as the possibility of physical exercises in the open air during walks; a guaranteed minimum duration of the walk for all categories of convicts, including violators, as a general rule.

scholarly journals Treasury Control of Budget Expenditures of the Russian Federation Constituent Entities: Practice and Optimization Opportunities.

2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA
Keyword(s):  
Russian Federation ◽  
Business Processes ◽  
Practical Interest ◽  
Budget Process ◽  
Labor Costs ◽  
Analysis And Synthesis ◽  
Automated Information System ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals On legal succession in reconciliation of criminal cases of private prosecution

2021 ◽  
pp. 33-42
Author(s):  
Aminat Alkhazovna Batchaeva
Keyword(s):  
General Rule ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Effective Implementation ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.

scholarly journals LOCAL SELF-GOVERNMENT: PRACTICE OF ELECTORAL LEGISLATION ENFORCEMENT

2018 ◽  
Vol 1 (4) ◽  
pp. 96-111
Author(s):  
Alexander Butakov
Keyword(s):  
Russian Federation ◽  
City Council ◽  
Constitutional Rights ◽  
Federal Law ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The subject. The article presents a special study of the law enforcement practice of electoral legislation made by a court of various instances in the process of elections to the Omsk City Council of the sixth convocation held on September 10, 2017. The collision arises between the enforcement of federal and regional legislation is analyzed in the article.The purpose of the article is to find the ways of solving the conflict that arose during thr enforcement of federal and regional legislation regarding the verification procedure of voter’s signature.The methodology. The methods of analysis and synthesis are used. The focus of the scientific analysis concerns the courts decisions.The results, scope of application. In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” of June 12, 2002, No. 67-FZ, the last paragraph of par. 8 of art. 37 fixes a set of issues established by the law of a sub-sovereign entity of the Russian Federation in holding the elections to a representative body of local self-government. In 2003, the regional law No. 456-OZ “On Elections to Local Self-Government Bodies of the Omsk Region” was passed, in which issues referred to the jurisdiction of the subject of the Russian Federation in the last paragraph of par. 8 of art. 37 of Federal Law No. 67, were not confirmed, especially with regard to the consolidation of the verification order of voters' signatures and grounds for recognition these signatures invalid, and (or) invalidated. At the same time, the Federal Law “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies” No. 138-FZ of November 26, 1996, which in par. 2 of art. 1 "registered" the mechanism of its application in case of unsettledness, even with regard to the right to elect and be elected to the bodies of local self-government by the law of that body.The nsettledness concerns the verification order of authenticity of voters' signatures in candidacy lists when nominating candidates for representative bodies of local self-government.Conclusion. The article considers the sequence of solving this problem by the courts of the first, appellate and cassation instances, as a result of which the essence of the collision does not find its material and procedural solution, still remaining a gap both in the legislation and in the activities of federal control and supervisory bodies.

scholarly journals THE IMPORTANCE OF CLINICAL GUIDELINES «HEARING LOSS, NOISE-INDUCED» (SECOND REVISION, 2018) FOR PRACTICAL PUBLIC HEALTH

2019 ◽  
Vol 63 (2) ◽  
pp. 98-102
Author(s):  
V. B. Pankova ◽  
Irina N. Fedina ◽  
E. A. Preobrazhenskaya ◽  
P. V. Serebryakov ◽  
N. G. Bomshtein
Keyword(s):  
Hearing Loss ◽  
Clinical Guidelines ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Russian Federation ◽  
Modern Knowledge ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The article reflects the main sections of Clinical guidelines «Hearing loss, noise-induced» (second revision) included in the Rubric of Clinical guidelines of the Ministry of health of the Russian Federation in 2018, CG609 and aimed at streamlining and unification of actions in clinical diagnostic and expert work. The purpose of the of research is to help the practitioner in making the right decision on the assessment of health, treatment of hearing loss caused by industrial noise, on the basis of evidence-based step-by-step protocols. Material and methods. The subject of the development of the CG609 were high rates of occupational hearing loss in employees of “noise-hazardous” industries, classified as “Professional sensorineural hearing loss”. Results. The structure of the CG609 is presented, the importance of unified approaches to the diagnosis, treatment, rehabilitation, prevention, examination of the relationship of the disease of the hearing with the profession and aptitude is shown. The criteria of evidence and credibility of specific recommendations are given. Discussion. CG609 are created on the generally accepted, repeatedly approved methodology of development of SIGN (2014) guaranteeing reliability of recommendations, generalization of the best world experience and modern knowledge, applicability in practice and convenience in use. The use of high-quality clinical guidelines makes it possible to introduce into medical practice the most effective medical technologies, to refuse unreasonable and unsafe interventions and to improve the quality of medical care. Conclusion. CG609 are required for the integrated interaction of specialists otolaryngologists, audiologists-otorhinolaryngologists, pathologists, physicians, occupational health, occupational medicine and all medical professionals involved in diagnostic and expert work of the assessment of hearing in workers «noise hazardous» professions.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

Scientific journals of Russia and the activities of international would-be scientific network structures

2021 ◽  
pp. 533-542
Author(s):  
Yuriy Mikhailovich Reznik
Keyword(s):  
Higher Education ◽  
Educational Institutions ◽  
Network Structures ◽  
Russian Science ◽  
News Magazines ◽  
Publishing Policy ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Academy Of Sciences

The paper deals with the problem of network dependence of Russian news magazines and the actual dictates of international network structures (Scopus, WOS, etc.) that set their own requirements for their content and quality. The latter influence not only the scientific rating of journals, but also the publishing policy of their publications. The situation is further complicated by the fact that the rules of the game imposed by them have been adopted by the country's state authorities and, first of all, by the Ministry of science and higher education of the Russian Federation, which has tightened the requirements for reports of scientific and educational institutions, as well as researchers and teachers, including mandatory publications in Scopus and other international databases. Despite the efforts made by the Presidium of the Russian Academy of Sciences and the leadership of higher education institutions, Russian science was dependent on these structures, which began to determine the directions and priorities of its development, including selecting the subject and language of journal publications. The scientific community of Russia is faced with the task of protecting the interests of journal editors and protecting the right of authors to Express their own scientific position and the ability to present publications in their native language.

P–477 The child’s right to know vs. the parents’ right not to tell: the attitudes of couples undergoing fertility treatments towards identity-release gamete donation

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
J Simas ◽  
D Braga ◽  
A Setti ◽  
R Melamed ◽  
A Iaconell ◽  
...  
Keyword(s):  
Well Being ◽  
Small Sample ◽  
Right To Know ◽  
Gamete Donation ◽  
Biological Origin ◽  
Gamete Donor ◽  
The Right To Know ◽  
The Subject ◽  
The Right ◽  
The Relationship

Abstract Study question Do couples undergoing assisted reproduction treatments (ART) have a different perception of anonymous vs identity-release gamete donation than a population interested in the subject? Summary answer Compared with a population interested in the subject, more couples undergoing ART believed the child shouldn’t be given information that would identify the gamete-donor. What is known already Recent research has investigated the psychological well-being of parents and children born through gamete donation, focusing on the possibility of having the donor’s identity revealed. Gamete donors have traditionally been anonymous to recipients and offspring; however, there is a global trend towards programs using donors that are identifiable to the resulting offspring at maturity. While some countries only allow the use of identity-release egg donation, others only allow anonymous-donation, and in some countries both types of donation are practiced. However, the attitudes concerning anonymous vs identity-release gamete donation, in a country where only anonymous donation is allowed, are still unknown. Study design, size, duration This cross-sectional study was performed from 01/Sep/2020 to 15/Dec/2020. For that, surveys through online-platforms were conducted, including either patients undergoing ART, (ART-group, n = 358) or those interested in the subject, who accessed the website of a university-affiliated IVF-center (interested-group, n = 122). Participants in the ART-group were invited via e-mail, with a cover-letter outlining the survey and a link to access it and participants in the interested-group accessed the questionnaire via website. Participants/materials, setting, methods The survey collected information on demographic characteristics and the participant’s attitudes towards anonymity of gamete donors. The questions were: (i) In the case of children conceived through ART, do you believe that revealing the method of conception may affect the relationship between children and their parents? (ii) Once the method of conception is revealed, do you believe that the child has the right to know the gamete donor? (iii) If yes, when? Main results and the role of chance Most of the participants answered that the relationship between children and parents wouldn’t be affected by the child’s knowledge of the origin of their conception, regardless of the group (83.6% vs 82.7%, for ART-group and interested-group, respectively, p = 0.868). Most participants in the ART-group answered that the sperm donor identity shouldn’t be revealed to the child, while only half of the interested-group stated the same (65.4% vs 50.8%, p = 0.044). The same result was observed when participants were asked if the oocyte donor should be identifiable (64.8% vs 50.8%, p = 0.050). When asked when the donor’s identity should be revealed to the child, no significant differences were noted in the responses among the groups (p = 0.868). Most of the participants who believe that the child has the right of learning the donor’s identity, stated that “the donor’s identity should be revealed if the child questions its biological origin” (67.2% vs 67.5%, for ART-group and interested-group, respectively). “Since birth” was the second most common response, (21.0% vs 19.7%, for ART-group and interested-group, respectively), while “when the child turns 18 years-old” (9.2% vs 11.2%, for ART-group and interested-group, respectively), and “sometime during teenage years” (2.5% vs 2.4%, for ART-group and interested-group, respectively) were less common answers. Limitations, reasons for caution Lack of adequate opportunities to conduct face to face interview and lack of knowledge of the real state of the website participants, concerning infertility or being involved in ART. The retrospective nature of the study and the small sample size may also be reasons for caution, Wider implications of the findings: It has been discussed that, whether or not children or parents are harmed by knowing their biological origins, donor offspring have the right to know. However, when facing the situation, couples undergoing ART would argue that in case of gamete donation, there are reasons for not telling the child. Trial registration number Not applicable

SPECIALIZATION OF GRAIN PRODUCTION BY ZONE IN THE REPUBLIC OF BASHKORTOSTAN

2021 ◽  
Vol 0 (3) ◽  
pp. 45-49
Author(s):  
S.SH. ASLAEVA ◽  
◽  
R.F. GATAULLIN ◽  
Keyword(s):  
High Volume ◽  
Forest Steppe ◽  
Grain Production ◽  
Natural Conditions ◽  
Main Condition ◽  
Republic Of Bashkortostan ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic

The main condition for specialization in agriculture is the production of those products for which there is the most favorable natural environment. The purpose of our study is to determine the nature of territorial specialization in grain production based on the level and its dynamics. The object of the research is the agriculture of the Republic of Bashkortostan, which is one of the leading in the Russian Federation. The subject of the research is the factors of formation of territorial specialization of grain production. The work was carried out on the basis of the application of general scientific research methods within the framework of comparative, logical, statistical analysis and graphic interpretation of the results. The territory of the Republic of Bashkortostan is divided according to the complex of natural conditions, respectively, and according to the peculiarities of agriculture, into six zones. We have grouped municipal districts according to the volume of grain production in statics and in dynamics. A map of the municipal districts of the Republic of Bashkortostan for the production of grain by agricultural zones has been built. It was revealed that the dynamics of grain production in the republic has a multidirectional character. In terms of grain production, many regions of the region are promising territories, which, despite the low volume of production, are characterized by positive dynamics, as well as stagnant territories, which are characterized, despite the high volume of production, by negative dynamics. Areas in which grain production is higher than the average for the region are located in agricultural zones belonging to the Southern forest-steppe, the Ural steppe, and the Trans-Ural steppe. But at the same time, in many areas of the Cis-Ural and Trans-Ural steppe, grain production is also increasing, many of them have grain-growing specialization. In the regions located in the southern forest-steppe, grain production is below the average level in the republic, sunflower is most of all cultivated. Agriculture in the republic must be developed in the direction of creating specialized zones, which will allow lower costs to ensure the growth of production. At the same time, the organizational and economic mechanism must change in such a way as to stimulate the specialization and concentration of production.

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