scholarly journals Anti-corruption denunciation: methodological problems, foreign experience, and Russian prospects

2021 ◽  
pp. 14-44
Author(s):  
Egor Viktorovich Trofimov
Keyword(s):  
Information Disclosure ◽  
Social Institution ◽  
Legal Regulation ◽  
Specific Form ◽  
Current State ◽  
The Social ◽  
Methodological Problems ◽  
Scientific Results ◽  
Legal Meaning

This article is dedicated to the institution of denunciation as a specific form of disclosure of illegal and unfair practices. For determination of the conceptual legal meaning of denunciation and its prospects for modern Russia as anti-corruption legal institution, this article coordinates the interdisciplinary scientific results of research on denunciation, analyzes and summarizes the international (UN, EU) and national (United States, Great Britain, South Korea, Brazil, China, Albania, Kazakhstan, and Ukraine) regulatory approaches towards denunciation, and similar forms of disclosure of offenses. The article reveals the current state of the Russian legislation in this sphere. The research employs the methods of dogmatic analysis, comparative-legal and systemic-analytical toolset. The author correlates denunciation and denunciator with such concepts as “denouncement”, “actio popularis”, “reporting party”, “informant” and “whistleblower”; determines the twelve characteristics of denunciation, which collectively define it as a special form of information disclosure. The conclusion is made that the variants of legal regulation of denunciation are built around or within such issues as the protection of denunciator, his interaction with the authorized entities and remuneration, as well as the conclusion on the absence of specific legal means in the current Russian legislation that ensure denunciation as the social institution. The author formulates recommendations on amending the labor, administrative, criminal and procedural legislation aimed at implementation of measures for protecting the denunciators.

Disability as a social phenomenon

2020 ◽  
pp. 22-38
Author(s):  
Natalia Guseva ◽  
Vitaliy Berdutin
Keyword(s):  
Social Protection ◽  
Russian Society ◽  
Stage Model ◽  
High Quality ◽  
Rehabilitation Programs ◽  
Current State ◽  
The Social ◽  
Consistent Solution ◽  
First Time

At present, the problem of establishing disability is a point at issue in Russia. Despite the fact that medical criteria for disability are being developed very actively, high-quality methods for assessing social hallmarks are still lacking. Since disability is a phenomenon inherent in any society, each state forms a social and economic policy for people with disabilities in accordance with its level of development, priorities and opportunities. We have proposed a three-stage model, which includes a system for the consistent solution of the main tasks aimed at studying the causes and consequences of the problems encountered today in the social protection of citizens with health problems. The article shows why the existing approaches to the determination of disability and rehabilitation programs do not correspond to the current state of Russian society and why a decrease in the rate of persons recognized as disabled for the first time does not indicate an improvement in the health of the population. The authors proposed a number of measures with a view to correcting the situation according to the results of the study.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Legal Status of Collective Subjects of Scientific Work

2021 ◽  
pp. 5-10
Author(s):  
Anton Vasiliev ◽  
Dariusz Schopper ◽  
Yulia Pechatnova
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Research ◽  
Legal Method ◽  
Scientific Organizations ◽  
Points Of View ◽  
Scientific Results

The article discusses the study of the legal status of collective subjects of scientific activity. The relevance of the research is predetermined by the importance of the qualitative organization of the work of collective subjects of scientific activity in order to achieve the most effective scientific results. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including comparative legal and formal legal. The formal legal method makes it possible to analyze the legal terminology on the research topic above. The method of comparative legal research allows us to compare different points of view and highlight the main problems of legal regulation of collective subjects of scientific law. The research includes three main stages: (1) – terminological analysis of the terminology used by the legislator; (2) – critical analysis of the legal definitions proposed by the legislator and the identification of the problems of legal regulation arising in this connection; (3) – comparison of controversial opinions and determination of ways to improve scientific legislation. The main problems identified are the uncertainty in the delimitation of the statuses of related collective subjects of scientific work, as well as the mixing of scientific and educational functions of these organizations. As a result of the study, the authors have come to the conclusion that it is necessary to improve legislation aimed at regulating the legal status of scientific organizations and other collective subjects of scientific law.

scholarly journals Advantages and disadvantages of social protection of public service employees

Social Law ◽  
2019 ◽  
pp. 42-47
Author(s):  
V. Gavriluk
Keyword(s):  
Public Service ◽  
Social Protection ◽  
Legal Regulation ◽  
Executive Power ◽  
Service Workers ◽  
Service Employees ◽  
Advantages And Disadvantages ◽  
Current State ◽  
The Social ◽  
Service Activities

The article deals with the social protection of public service workers. The aim is to find out advantages and disadvantages of modern legal regulation of social protection of public service workers. Revealed that the social protection of public service workers varies depending on the category of such employees and the direction of public service activities. The paper highlighted the need for improved social protection for public service employees by creating common and uniform rules of law on the principles and criteria for providing such protection. Discussed in the article advantages and disadvantages of the current state of social protection of public service workers can be used as the basis of strategy to improve the work of legislative and executive power in Ukraine.

scholarly journals On the organization of the work of regional offices of the Ministry of Internal Affairs of Russia and the Federal National Guard Troops Service connected with the collection of illegal guns, ammunition and other types of weapons from the public

2020 ◽  
pp. 40-51
Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
National Guard ◽  
Legal Regulation ◽  
Gun Control ◽  
Legal Analysis ◽  
Current State ◽  
The Social ◽  
General Scientific ◽  
Internal Affairs

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

scholarly journals The problems of regulation of social franchising in the Russian legislation

2021 ◽  
pp. 16-23
Author(s):  
Petr Evgenievich Mazepov
Keyword(s):  
Russian Federation ◽  
Central Place ◽  
Legal Regulation ◽  
Legal Regime ◽  
Social Franchising ◽  
Foreign Countries ◽  
Legal Perspective ◽  
The Social ◽  
The Russian Federation

The subject of this research is the legal regime of social franchising in the Russian Federation. The object of this research is the social emerging between the actors of social franchising. The article outlines the essential characteristics of social franchising on the basis of existing research and effective legislation of the foreign countries. Attention is given to the role of the phenomenon under review within the franchising system and its related to the concession agreement. The article explores the existing legal regulation of social franchising in the Russian Federation and formulates the conclusion on purposefulness of its improvement. The scientific novelty consists in comprehensive examination of social franchising from the legal perspective, determination of its role within the system of the types of franchising, and recommendations for the improvement of the corresponding legal regime. The conclusion is made that social franchising represents the system of relations that are based on the contract on the exercise of exclusive rights. Similar to commercial franchising, the central place is held by the intellectual-legal and obligatory aspect of relations, but the fundamental difference lies is the vector towards fulfillment of the socially useful functions, alleviation of social problems, and rendering aid to vulnerable population. The development of this institution requires elaboration of the special legislation, since the norms of the Chapter 54 of the Civil Code of the Russian Federation do not correspond with the established practice of social franchising.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

Democratization of Local-Self-Government in Russia: Current State and Perspectives of Development

2019 ◽  
Vol 9 (5) ◽  
pp. 1754
Author(s):  
Andrey POMAZANSKIY ◽  
Viacheslav SEVALNEV
Keyword(s):  
Participatory Democracy ◽  
Local Level ◽  
Legal Regulation ◽  
Local Power ◽  
Federal Law ◽  
Public Authorities ◽  
The Public ◽  
Current State ◽  
Legal Nature

The article is devoted to the constitutional legal regulation of local self-government. The dynamics of the realization of the constitutional principles of local self-government are researched. It is outlined that the current state of legal regulation is far from the constitutional principles devoted to the local self-government. The vivid example of such regulation is the latest amendments to the Federal Law of October 6, 2003 №131-FZ ‘On General Principles of Organization of Local Self-Government in the Russian Federation’. These legislative novelties lead to phasedown of the democratic basis of local self-government. This approach shouldn’t be admitted. Its further spread to all spheres of local activities will result in the estrangement of local communities from the public authorities and officials. In this sense, the piecemeal replacement of democratic procedures in the course of formation of local authorities by the administrative ones fails to meet the legal nature of local self-government. Special attention is given to the determination the balance between representative and participatory democracy at the local level. The nature and features of local self-government are assumed the use of various organizational forms of execution of local power as well as the system of its legal regulation. Also the determination of the prospects for the extension of participatory democracy at the local level is presented.

scholarly journals Conceptualization of the notion of “institution” within the modern socio-philosophical discourse

2020 ◽  
pp. 85-98
Author(s):  
Nikita Nikolaevich Ravochkin ◽  
Nikolai Sergeevich Bondarev ◽  
Galina Sergeevna Bondareva
Keyword(s):  
Social Institution ◽  
Social Philosophy ◽  
Dynamic Nature ◽  
Philosophical Discourse ◽  
Social Transformations ◽  
Current State ◽  
Collective Activity ◽  
The Social ◽  
The Subject ◽  
Original Concept

This work explores current state of the conceptual framework of social philosophy. The object of this research is the phenomenon of a social institution. The subject is the conceptualization of the notion of “institution” within the modern socio-philosophical discourse. Institutions are perceived by the authors as specific social establishments. Considering the pragmatism of the modern social philosophy, the authors focus on the functional elucidation of institutions, giving grounds for instrumental classification, as well as presenting essential features from the position of the functions they carry out. The authors’ contribution into the research of this topic is the thesis on the need for continuous research of institutions in light of their dynamic nature and the social transformations accompanying the functionality of this phenomenon. This article presents an original concept of an institution, which takes into consideration its characteristics as a structure that provides vital function for any society: historism, collective activity of people, and sustainability.

scholarly journals Professional mobility of the future officer: to the formulation of the development problem

2021 ◽  
Vol 113 ◽  
pp. 00080
Author(s):  
T.P. Skripkina ◽  
D.Yu. Naumov ◽  
I.S. Melentyev
Keyword(s):  
Military Service ◽  
Legal Regulation ◽  
Horizontal Layer ◽  
Rapid Adaptation ◽  
The Social ◽  
Professional Mobility ◽  
The Future ◽  
Scientific Results ◽  
The Military ◽  
Military Work

In modern psychological and pedagogical studies, social and professional mobility is rarely correlated with the performance of military service duties. This circumstance is dictated by the ideas about the uniformity and legal «regulation» of military-service relations. The authors substantiate the need for the development of professional mobility, both on the vertical and on the horizontal layer, since the variety of duties performed by officers in the course of military work and the presence of various military positions to which he can be appointed, requires rapid adaptation to changing conditions of the social environment. The novelty of the research is that: the scientific results of the analysis of the structure of professional mobility of future officers are presented; the concept of «professional mobility of the future officer» is concretized based on the features of solving professional tasks by officers in the military; the conditions and means of developing the professional mobility of future officers are established and proposed.

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