scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals MANUFACTURING INDUSTRY FUNCTIONING EFFICIENCY ESTIMATION IN THE REGIONS OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 70-76
Author(s):  
A. Sh. Kamaletdinov ◽  
A. A. Ksenofontov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Manufacturing Industry ◽  
Federal State ◽  
Index Method ◽  
Scientific Methods ◽  
Efficiency Estimation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Manufacturing industry functioning efficiency on the territory of the Russian Federation has been analysed. Statistical data offered by the Federal Tax Service and the Federal State Statistics Service of Russia have been used for research. The object of the study is 85 subjects of the Russian Federation, the subject of the study is the type of economic activity “Manufacturing”, which operates on their territories. The methodological basis of the research were the general scientific methods of cognition. As special methods of cognition, statistical methods were chosen. The index method as a private scientific method has been used. An indicator of the effectiveness of the economic activity “Manufacturing” has been developed. The structure of tax revenues and employed population by type of economic activity in 2017 has been studied. A distribution of subjects by type of economic activity “Manufacturing” has been created.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

scholarly journals The work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states

2020 ◽  
pp. 1-11
Author(s):  
Aleksey Nikolaevich Kaldyshev
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
Illegal Migration ◽  
Dynamic Changes ◽  
Member States ◽  
Scientific Methods ◽  
Systemic Analysis ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject

The subject of this research is the work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states. The conducted analysis determines the practical components of main efforts and separate results of the activity of the Council of Border Troops' Commanders. However, the dynamic changes in situation and forms of illegal activity at the external borders of CIS member-states obligates the border and law enforcement authorities to act using the advanced technologies. Research methodology includes the combination of general scientific methods, such as systemic analysis and summarization of scientific concepts. The main conclusions consists in recommendations of improvement of the system of information exchange between the bodies of sectoral cooperation on combatting illegal migration at the external borders of CIS member-states, with consideration of the existing experience of the bodies of sectoral cooperation, as well as the experience of other international organizations and foreign countries.

scholarly journals The state and municipal financial control system and innovations in the Russian Federation

2021 ◽  
Vol 9 (1) ◽  
pp. 31-35
Author(s):  
Olga Grabova ◽  
Aleksandr Suglobov ◽  
Anton Grabov
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Financial Control ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Support ◽  
Imperative Subject ◽  
Theoretical Foundations

The subject under research of this article is the control and revision (audit) activities institutions in the budgetary sphere in modern conditions. The purpose of the research is to present the system and innovations structuring in the imperative subject-object sphere of control and revision (audit) sphere, as the main aspect of state and municipal organizations management. Research methods: general scientific methods, systemic and institutional analysis. This article summarizes the control and revision (audit) activities theoretical foundations; systematizes the modern institutional internal and external state structure and municipal financial control of the Russian Federation as well as innovations of internal state and municipal financial control, relatively to the legislative support.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

scholarly journals Interaction between the Center and the Regions during the Development of the Treaty of Federation in 1992

2021 ◽  
Vol 23 (1) ◽  
pp. 95-104
Author(s):  
D. N. Shevelev ◽  
A. G. Melnik
Keyword(s):  
Central Government ◽  
Soviet Period ◽  
Scientific Methods ◽  
Legal Documents ◽  
General Scientific ◽  
The Russian Federation ◽  
Post Soviet Period ◽  
Federal Center ◽  
Federal Structure

The article features the reforms of the federal structure in the 1990s and the development of the Treaty of Federation in 1992. It focuses on the practices of federal relations that appeared in the post-Soviet period both in terms of the interaction between the Federal Center and the regional elites and in the context of the classical federalism. The authors described the factors that hindered the signing of the Federal Treaty, as well as the resources the regional elite used to affect the Center. They revealed the opposite views on the concept of federal structure expressed by national and territorial subjects of the Russian Federation and described their attempts to reach a compromise in the redistribution of powers. The research objective was to determine to what degree the Center was responsible for the content of the Treaty of Federation as the regional self-identification was gaining strength and the system of center-regional interaction was changing. The authors also highlighted the role of certain social groups on the development of federal relations, showed how the actions of the Center improved its positions, and identified historical facts that predetermined the asymmetry of the Treaty of Federation. The authors believed that the new model of federal relations was a compromise between the interests of the regional elites and the central government. However, it also strengthened the positions of the Federal Center and legalized the asymmetric nature of its relations with the regions. The research was based on general scientific methods and such historical research tools as comparative and systematic methods. It also involved such interdisciplinary methods as the historical-legal and the comparative analysis of legal documents.

scholarly journals Sole will and joint will of spouses: a comparative approach (permissible aspect)

2021 ◽  
Vol 118 ◽  
pp. 04018
Author(s):  
Ruslan Mikhailovich Ushakov ◽  
Vladimir Nikolaevich Gavrilov
Keyword(s):  
Comparative Approach ◽  
Scientific Methods ◽  
Legal Structure ◽  
Legal Method ◽  
Technical Aids ◽  
Bona Fide ◽  
Legitimate Interests ◽  
General Scientific ◽  
The Subject ◽  
The Right

The research is aimed at structuring doctrinal developments on the stated topic, comparing them with the related Russian and foreign practices and formulating their own scientific position. The subject of the research is the legal relationship arising in connection with a) the right to make a sole will and b) the determination by the spouses subject to the joint will of the corresponding rights and obligations for a heir. In the course of the study, the dialectical method, general scientific methods of analysis, synthesis, analogy as well as the systemic method were used; special legal methods were used, in particular, the comparative approach. The problem of civil law regulation of the institution of will, and in particular of the joint will of spouses, with the comparative legal method was analysed. As a result, the authors, on the basis of an analysis of the current domestic and foreign civil legislation, have developed ways to solve the identified problems by making appropriate changes to the civil legislation. In particular, the concept of a classic will has been formulated and substantiated. It was established that the mandatory provision concerning the loss of effect of a joint will in the event of a marriage being declared invalid after the death of one of the spouses violates the legitimate interests of a bona fide spouse, and therefore it was proposed to supplement the civil legislation with provisions that would allow the court to keep such a will in force. It has been substantiated that the Russian legislator needs to supplement the legal structure of the institution under research by allowing to draw up a joint will of spouses in extraordinary circumstances. The novelty of the research lies in the proposal to amend the articles of the current civil legislation in order to secure the possibility of making a sole will with electronic or any other technical aids.

scholarly journals Problematic issues of granting subsidies to business entities: Russian experience

2018 ◽  
Vol 2 (3) ◽  
pp. 52-63
Author(s):  
Y. Gerasimenko ◽  
A. Syntin
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Research ◽  
Public Authorities ◽  
Abuse Of Power ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject of the paper is Russian the legal framework and law enforcement practice con-cerning granting subsidies to business entities.The purpose of the paper is to identify the legal problems of state support for small and medium – sized businesses by granting subsidies.The methodology of paper includes the formal logical interpretation of Russian legislation, systematization of the court practice concerning application of art. 15.15.5 (pt. 2) Code of Administrative Offences of the Russian Federation and other regulations.The main results and scope of their application. The legal basis of providing subsidies is characterized. The business support programs in Russia are analyzed. The author's ap-proach to the distinction between the concepts of "terms of granting subsidies”, “terms established when granting subsidies" and the "terms of using subsidies" is substantiated. The valid and invalid conditions for the granting of subsidies as well as the reasons for their return are proven. The results of research may be used as the basis of correction of Russian and foreign legislation concerning granting subsidies to business entities as well as step in future legal research in this sphere.Conclusions. Public authorities and local governments do not take into account differences between the terms "conditions for granting subsidies" and "conditions for the use of subsi-dies", unreasonably apply civil law norms to the rules for granting subsidies. Regional au-thorities do not effectively use the legal opportunities provided to them by the Federal leg-islator, as well as often allow the abuse of power.

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