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 Deprivation of the right to hold certain positions or engage in certain activities: regulatory issues and law enforcement practice

2021 ◽  
Vol 234 (11) ◽  
pp. 16-24
Author(s):  
SERGEY A. PICHUGIN ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Domestic Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to various aspects of the regulation and execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The subject of the article is the norms of the current domestic legislation, data from official statistics of the Judicial Department at the Supreme Court of the Russian Federation and the Federal Penitentiary Service of Russia, as well as law enforcement practice on the topic under consideration. The purpose of the article is to analyze the normative regulation and practice of applying punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The methodological basis of the research is represented by a set of general and specific scientific methods. The work used methods such as analysis, synthesis, formal legal, statistical. As a result of the study, proposals were formulated to amend the current legislation in terms of improving preventive work with persons sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Conclusions are made about the essence, features of legal regulation and law enforcement practice of the considered type of punishment in modern conditions, about the need to increase the effectiveness of preventive activities in relation to persons sentenced to punishment in the form of deprivation of the right to engage in activities related to driving a vehicle. Key words: deprivation of the right to hold certain positions or engage in certain activities, punishment, penal inspectorates, the Criminal Code of the Russian Federation, convict, deprivation of the right to engage in activities related to driving.

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 Implementing a Person's Right to Privacy When Using Their Biometric Material

2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Structural Method ◽  
Right To Privacy ◽  
Scientific Methods ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).

scholarly journals Original scientific article Employer’s Abuse of the Right to Labour Management

2021 ◽  
Vol 18 (4) ◽  
pp. 413-422
Author(s):  
A. A. Sitnikov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Scientific Article ◽  
Scientific Methods ◽  
The Russian Federation ◽  
Theory Of Law ◽  
The Right ◽  
Abuse Of Law

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals Relevant problems of the settlement of conflict of interests in the department of internal affairs of the Russian Federation

2020 ◽  
pp. 53-71
Author(s):  
Kirill Valer'evich Naryshkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Personal Interest ◽  
Scientific Methods ◽  
Conflict Of Interests ◽  
Original Proposal ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Internal Affairs

The subject of this research is the normative legal support of the process of settlement of conflict of interest in the department of internal affairs of the Russian Federation, with consideration of various views of researchers upon the problem of correlation of categories such as “conflict of interests”, “corruption”, “personal interest”, “settlement of conflict of interests”. Special attention is given to the mechanism of settlement of conflict of interests in anti-corruption legislation, as well as prospects for improvement of legal regulation in this area. The goal of this work is to attract attention of the scientific community to the relevant problems of settlement of conflict of interests in the service of the department of internal affairs of the Russian Federation. The methodological framework includes general scientific methods, particularly dialectic and systemic, as well as private scientific methods such as formal-legal, comparative-legal, and content analysis. The scientific novelty of this research consists in an original proposal for changes to the mechanism of the settlement of conflict of interests in the service of the department of internal affairs by introducing specific procedural measures that would contribute to its effective resolution, which in turn would allow eliminating a number of gaps within the content of the issues of not only direct settlement of the conflict, but also prevention of pre-conflict situation.

scholarly journals LEGAL REGULATION OF PUBLIC RELATIONS ON THE MEDICAL SECRECY IN THE KINGDOM OF DENMARK AND IN THE RUSSIAN FEDERATION: A SELECTIVE COMPARATIVE ANALYSIS

2017 ◽  
Vol 3 (4) ◽  
pp. 74-80
Author(s):  
Александр Павлов ◽  
Aleksandr Pavlov
Keyword(s):  
Comparative Analysis ◽  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Legal Forms ◽  
Historical Comparative

The purpose of this study is to conduct a selective analysis of the legislation of the Kingdom of Denmark that regulates public relations regarding medical secrecy in comparison with the legislation of the Russian Federation regulating similar relations. The relevance of the topic is determined by the need to study the specific features of the legal regulation of the social relations selected, as well as the possibility of extracting positive experience of legal regulation of the legal forms chosen – legal relations, legal forms, etc. The object of the study is the public relations that arise over the medical secrecy in the Kingdom of Denmark and in the Russian Federation. The subject of the study is the comparison of a legal institution of medical secrecy and a similar institution in the Russian Federation. The methodological basis of the research consists of general scientific methods of research – analysis and synthesis, systemstructural, formal-logical and analogies, as well as special methods – historical, comparative analysis, descriptive and other methods. The legal regulation of public relations regarding the medical secrecy of a citizen in the Kingdom of Denmark – in comparison with a similar category in the Russian Federation – has significant differences, which can be explained by the specific features of legal systems of both states belonging to different legal families. Despite the fact that in Denmark the legal regulation of relations regarding medical secrecy refers to the powers of bodies other than the legislature and the executive (competence of the Ministry of Health of the Kingdom of Denmark). It is characterized by perfect legal techniques and a wide and comprehensive coverage of regulated relations that are relevant and worthy to pay attention for the purpose of research and discussion. At the international level the Kingdom of Denmark, in fact, is not a party to international legal acts regulating social relations arising from medical secrecy (with the exception of several international legal acts). To a large extent, these issues are in the competence of national legislation.

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 Institute of legislative Initiative of Citizens in the Subjects of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 19-23
Author(s):  
N. E. Vasyutkin ◽  
◽  
Y. G. Hamnuev ◽  
Keyword(s):  
Russian Federation ◽  
Absolute Number ◽  
Legal Regulation ◽  
Legal Institution ◽  
Federal Level ◽  
Legislative Proposal ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right ◽  
Legislative Activities

The article considers the issues of legal regulation of granting citizens the right to implement legislative initiatives and the consolidation of this right in the constitutions (charters) of the constituent entities of the Russian Federation. It was founded that the federal legislator, while providing the regions with the opportunity to empower citizens with the right to legislative initiative, did not regulate the issues of determining the conditions and procedure for realizing by citizens of this right. A variety of practices of legal regulation and constitutional consolidation of this institution based on the analysis of the constitutions (charters) of the regions were identified. In particular, three forms of legislative initiative of citizens were identified - a draft law, a legislative proposal, an amendment to a bill. It is proposed to consider a legislative proposal as an independent legal institution. It has been established that granting citizens the right to amend bills is aimed at developing the democratization of lawmaking process, so it was proposed to consolidate this right in the legislation of the constituent entities of the federation. But taking into account the peculiarities of the parliamentary discussion of the bill in the second reading, it was recommended to simplify the procedure of amending bills for citizens by reducing the number of signatures of citizens supporting this initiative. It has been established that regional legislators use a blanket method of securing the norms on the right to legislative initiative of citizens in the constitutions (charters) of the regions in most of the cases. The absolute number of citizens or the percentage of the total number of citizens who have the right to vote is used in the regions to determine the number of citizens required for the implementation of a legislative initiative. It is proposed to regulate the mechanism for implementing the institution of citizens’ legislative initiative at the federal level in order to expand the opportunity for citizens to participate in legislative activities and eliminate contradictions in the regional legislation.

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