scholarly journals Public discourse on draft laws of the constituent entities of the Russian Federation

2021 ◽  
pp. 1-13
Author(s):  
Ekaterina Aleksandrovna Anisimova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Direct Democracy ◽  
Public Discourse ◽  
Theory And Practice ◽  
Russian Regions ◽  
The Public ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the theory and practice of one of the forms of direct democracy – public discourse of draft laws of the constituent entities of the Russian Federation. The object of this research is the public relations associated with regulation of the institution of public discourse on draft laws in the Russian regions, as well as citizens’ participation therein. The author meticulously examines such aspects of the topic as the adoption by the Russian regions of laws and other normative acts on public discourse, flaws in the federal regulation of the question; provides an overview of the practice of public debates in a number of Russian regions; analyzes the causes for the low effectiveness of this institution. Special attention is given to the results of sociological survey conducted on the subject matter. The main conclusions of this research consists in determination of flaws in the existing regulation of the democratic institution of public discourse on draft laws, identification of causes of inactivity of the Russian citizens with regards to public discourse on the normative legal acts. The author’s special contribution consists in the analysis of practice of conducting public discourse in the regions of the Russian Federation, as well as in the attempt to assess the prospects for the development of this legal institution in in the Russian regions. The scientific novelty lies in outlining the problems of regulation and practice that currently arise in the constituent entities of the Russian Federation in the context of public discourse on draft laws, as well as in the specific measures on elimination of these problems proposed by the author.

scholarly journals Submission of prosecutorial decision in a civil procedure

2020 ◽  
pp. 114-123
Author(s):  
Svetlana Gennad'evna Byval'tseva ◽  
Artem Aleksandrovich Kovalev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Case Law ◽  
The Public ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Civil Cases ◽  
Court Hearing

The object of this research is the public relations arising when the prosecutor is involved in court hearing of civil cases by intervening into a case for delivering an opinion in the appellate, cassation and supervisory bodies, as well as problematic aspects of the application of his powers to deliver an opinion in the aforementioned bodies. The subject of this research is the materials of prosecutorial law enforcement and judicial practice, norms of civil procedural legislation of the Russian Federation that regulation these public relations, as well as positions formulated on the matter. Despite the fact, that the scientific literature paid attention to the separate aspects of submission of prosecutorial decision, the questions of submission of prosecutorial decision in the retrial of civil cases did not receive due coverage. Such situation led to a contradictory approach towards the question on possibility of delivering an opinion by the prosecutor in retrial of civil cases in the theory and case law. Therefore, based on the conducted research, the author makes recommendation with regards to exercising prosecutorial powers in submission of decision in retrial of civil cases by the courts, as well as the changes in current legislation that would bring certainty into these legal relations and contribute to elimination of the emerged contradictions.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Public danger as a sign of administrative offences

2019 ◽  
pp. 30-36
Author(s):  
Natal'ya Anatol'evna Akhtanina
Keyword(s):  
Russian Federation ◽  
Public Discourse ◽  
Statistical Data ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Clear Definition ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the earlier and currently active norms of administrative legislation regulating the concept of legal offense as well as scientific literature devoted to this topic and statistical data on administrative offenses from the Russian case law. The author analyzes the essence of the signs of administrative offenses. The importance of this topic is substantiated the fact that the concept of legal offense is one of the main categories of the administrative law of the Russian Federation. Analysis is conducted on the various approaches of scholars in administrative law towards definition of this concept. The novelty of this research is defined by the importance of clear definition of the concept of administrative offense due to introduction of the New Code on Administrative Offenses of the Russian Federation into public discourse. Considering the sign of public danger of an administrative offense, the author proposes formulating Article 2.1 of the Code of the Russian Federation on Administrative Offenses in the following way: “Administrative offense is a committed punishable action or inaction of a private or legal entity, posing public danger, and carries administrative liability established by this Code or a law of a subject of the Russian Federation”.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

scholarly journals Some Issues of Qualification of the Hijacking of an Aircraft, a Sea-Going Ship, or a Railway Train (Article 211 of the Criminal Code of the Russian Federation)

2020 ◽  
Vol 17 (3) ◽  
pp. 367-376
Author(s):  
Denis Kraev
Keyword(s):  
Supreme Court ◽  
Water Transport ◽  
Russian Federation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Rolling Stock ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Railway Rolling Stock

The article is devoted to the problems of qualification of hijacking of an aircraft, a sea-going ship, or a railway train, provided for by Art. 211 of the Criminal Code of the Russian Federation. Despite the fact that Art. 211 has been present in the Criminal Code of the Russian Federation since its adoption, it should be noted that there is a lack of theoretical research on its analysis, as well as the existence in court practice of the difficulties of applying this norm (in addition, Federal Law No. 130 of May 5, 2014 -FZ in Art. 211 of the Criminal Code of the Russian Federation a new Part 4 was introduced, providing for liability for the combination of hijacking of a ship of air or water transport or railway rolling stock with a terrorist act or other terrorist second activity that, in the absence of specific explanations of the Plenum of the Supreme Court, has created additional challenges for law-qualification). This determines the relevance of the chosen topic. Analyzing the current legislation, the provisions of the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 No. 25 “On judicial practice in cases of crimes related to violation of the rules of the road and the operation of vehicles, as well as their unlawful seizure without the purpose of theft”, scientific positions and court decisions on these issues, the author comes to the following conclusions that seem interesting for theory and practice. Small boats of water transport relate to the subject of hijacking of a ship of air or water transport or railway rolling stock, and the commission of a crime under Part 4 of Art. 211 of the Criminal Code of the Russian Federation, and the associated terrorist act, requires qualification in the aggregate of Part 4 of Art. 211 and Art. 205 of the Criminal Code. Military aircraft and boats, submarines, etc.) are also the subject of a crime under Art. 211 of the Criminal Code. The of hijacking of an aircraft, a sea-going ship, or a railway train, as well as the seizure of such a ship or train for the purpose of hijacking, associated with the murder, assault on the life of a law enforcement officer, person conducting justice or preliminary investigation, a state or public figure are qualified in the aggregate of Art. 211 and Art. 105, Art. 277, Art. 295, Art. 317 of the Criminal Code of the Russian Federation. When of hijacking of an aircraft, a sea-going ship, or a railway train, as well as hijacking such a ship or train for the purpose of hijacking, committed with the use of violence dangerous to the life or health of the victim, or with the threat of such violence, in addition to item “c” of Part 2 of Art. 211 of the Criminal Code of the Russian Federation of additional qualification in parts 1, 2 of Art. 111, Art. 112, Art. 115, Art. 117, Art. 119 of the Criminal Code is not required. The of hijacking of an aircraft, a sea-going ship, or a railway train is often fraught with violation of the traffic safety rules and operation of the relevant transport provided for in Art. 263 of the Criminal Code of the Russian Federation: the deed is covered by Art. 211 of the Criminal Code, if the violation specified in Art. 263 of the Criminal Code of the Russian Federation expressed itself in theft; if not, qualification is possible in the aggregate of art. 211,263 of the Criminal Code.

scholarly journals Digital Transformation of the procedure for bringing foreign citizens to administrative responsibility

2021 ◽  
pp. 84-97
Author(s):  
Yuliya Viktorovna Paukova ◽  
Konstantin Vladimirovich Popov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The Public ◽  
Proactive Approach ◽  
Other Information ◽  
Automated Information System ◽  
The Russian Federation ◽  
The Government ◽  
Specific Amount ◽  
Administrative Responsibility

  The subject of this research is the procedure for imposing administrative fine on foreign citizens and stateless persons, with or without administrative expulsion. The object of this research is the public relations that arise in the process of bringing the indicated persons to administrative responsibility. The goal consists in formulation of the proposals aimed at amendment of the procedure for bringing foreign citizens and stateless persons to administrative responsibility in the Russian Federation in the conditions of digitalization of government actions. Recommendation is made to amend the procedure for bringing to administrative responsibility in case of violating the migration legislation of the Russian Federation. Considering the proactive approach of the government towards digitalization of the migration sphere, the author offers the development and implementation of the “Automated Information System for Migration Control”, which would acquire the personal records of a migrant (identity, marital status, fact of committing an offence, or other information affecting the imposition of penalty) from other automated information systems. The article substantiates the need for bringing foreign citizens to administrative responsibility by the internal affairs officials based on the suggestions of the indicated system, formed using the artificial intelligence technologies, namely machine learning. The author offers to implement the rating that in the instance of imposing administrative fine would allow calculating a specific amount, or in the instance of administrative expulsion –the accurate time limit for closing entry. Transformation of the procedure for bringing to administrative responsibility would lead to more equitable court decisions, eliminate the possibility of selecting the norm by an official at his own discretion, and reduce the burden on the courts.  

Specifics of determination of budgeted costs at the construction enterprise

2021 ◽  
pp. 20-26
Author(s):  
I. A. Kubrak
Keyword(s):  
Russian Federation ◽  
Cost Estimate ◽  
Construction Enterprise ◽  
The Subject ◽  
The Russian Federation ◽  
The Cost

The artcle is dedicated to the features of the budgeted costs calculation at the construction enterprise with the use of three techniques of establishment of budgeted costs (on mechanisms, on work, on materials) which are systematized in the Technique of the use of the budget prices (costs) for the construction resources, approved by the order of the Ministry of Construction, Housing and Utilities of the Russian Federation, known as the "Technique 77". The author summarizes that the cost estimate has both general elements (the rules of regulation), and depends on the object and the subject of regulation.

scholarly journals Suspension of executive acts in the constituent entities of the Russian Federation as a state coercion measure

2021 ◽  
pp. 197-206
Author(s):  
D. I. Zaycev
Keyword(s):  
Russian Federation ◽  
Legal Certainty ◽  
Public Enforcement ◽  
The Public ◽  
Head Of State ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
Reported Data ◽  
Executive Body

The article contains analysis of one of the least studied public enforcement measures which is suspension of acts of the higher official (the head of the highest executive body of the state power), executive bodies of the Russian Federation constituent entities.The author focuses on the presidential decision to enact the public enforcement measure that is considered in the presented article, in particular, the form of the legal act of governance which implements that presidential decision, the wording of the name and the content of such a legal act is under review. It is shown that neither legislative regulation nor enforcement practice is perfect when it comes to the sphere of federal relations.Furthermore, the presented article addresses such issues as normativity and legal certainty of decrees and orders of the Head of State which implement the presidential decision to suspend the act of the executive body of the Russian Federation constituent entities.The historical and legal part of the subject of study is presented by statistical data that makes some corrections to the usually reported data considering the number of legal presidential acts that were mentioned.

scholarly journals Determination of the baseline value of the target of the national project «Science» related to the publication activity of the Russian Federation in priority areas

2019 ◽  
Vol 5 (2) ◽  
pp. 101-113 ◽  
Author(s):  
V. I. Starodubov ◽  
F. A. Kurakov
Keyword(s):  
Russian Federation ◽  
Web Of Science ◽  
Technological Development ◽  
Subject Area ◽  
Priority Areas ◽  
The Subject ◽  
The Russian Federation ◽  
Number Of Publications ◽  
Scientific And Technological Development

One of the seven target indicators of the National Science Project (NSP) is “The place of the Russian Federation by share in the total number of articles in the areas defined by the priorities of scientific and technological development in publications indexed in international databases”. The purpose of this study was to assess the basic value of this indicator for disciplines related to priority areas, according to the Strategy of scientific and technological development of the Russian Federation. The volumes of publication flows of the Russian Federation in 112 disciplines are compared with a similar indicator of countries ranked fifth in the number of publications in the subject area under consideration, indexed in the Web of Science Core Collection (WoS CC). A 5–10 fold lag of the Russian Federation was recorded for the most part of the priority areas identified by the passport of the NSP.

scholarly journals Peculiarities associated with police inquiry into administrative violations committed on the Internet

2020 ◽  
pp. 21-26
Author(s):  
Dmitrii Novgorodov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Police Officers ◽  
Case Law ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Proceedings

The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.

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