scholarly journals Digitalization of the migration sphere in the Russian Federation: state and prospects

2021 ◽  
pp. 118-132
Author(s):  
Svetlana Mikhailovna Popova

This article is dedicated to the analysis of the current state of digitalization of the migration sphere in the Russian Federation. It is demonstrated that the implementation of modern digital technologies, as well as information technology tools into the mechanisms of migration governance (in a broader sense, digital transformation of the system of relations between migrants and accepting country) is objectively inevitable in the context of global digital transition and growing role of the migration factor for the economy. The goal of this research is to determine the political-legal factors and problems that impact digital transition in the migration sphere of the Russian Federation. For achieving the set tasks, the article employs general scientific methods and approaches, including comparative methods. The author provides a brief overview of coevolution of the migration situation and migration regulation in the Russian Federation for the period 2012–2021. It is noted that the goals, tasks and instruments of migration governance change along with the transformation of perception of the importance of migration factor for the Russian Federation and its role in solution of economic development objective. Based on the parallel consideration of political-legal decisions and practices of digitalization of the migration sphere, the author summarizes the current results and challenges. It is indicated that the project approach and advanced legal regulation contribute to the digital reforms in the migration sphere; however, in practice we can observe deceleration of the pace of reforms due to lack of coherence in actions and conceptual approaches. The key reason is that the basic acts that regulate modernization of the migration sphere in the Russian Federation are not the strategic planning documents.

Author(s):  
Vladimir Zorin ◽  
◽  
Vladimir Voloh ◽  
Vera Suvorova ◽  
◽  
...  

Introduction. The article is devoted to the transformation of migration policies during the COVID-19 coronavirus pandemic. The article discusses changes in migration processes in connection with the COVID-19. The aim of the article is to illustrate how the countries’ migration policy has changed due to the pandemic and what measures have been developed to support migrants. Methods and materials. The research methodology includes general scientific research methods, such as analysis, synthesis, content analysis and the aristotelian method. As well as specific scientific methods, such as comparative legal and system analysis. The empirical basis of the study is the data of the General Administration for Migration Issues of the Ministry of Internal Affairs of Russian Federation, the International Organization for Migration (IOM), and the United Nations (UN). Analysis. The authors conducted a comparative analysis of migration policies of various countries during the COVID-19 coronavirus pandemic. Considerable attention is paid to the measures taken by countries to provide various types of support to migrants. The authors also analyzed the activities of international organizations and the civil society. The authors concluded that measures to restrain the pandemic affected the implementation of funded integration projects in the European countries, some activities were postponed, however, the European countries made certain efforts to adopt new integration practices to support migrants during the COVID-19 pandemic. Discussion. The authors assessed the further development of migration processes and countries migration policies. Results. The authors effectuated a conclusion that the COVID-19 pandemic has had a significant impact on the transformation of migration processes and migration policies. The authors focused on how events in the migration sphere would develop, and what changes would take place in the migration policy of the Russian Federation. The research results presented in the article can be used to improve the migration policy of the Russian Federation in relation to labour migrants and to develop regulatory migration measures.


Author(s):  
A. S. EVDOKIMOV

The article considers topical issues related to the implementation of the Concept of Construction and Development of Hardware-Software Complex «Safe City», approved by RF Government of December 3, 2014, № 2446-р, the main purpose of which is integration of information-analytical systems of public safety and security of the human environment into a single information space (monitoring, forecasting, alerts). The article investigates the process of implementation of the Concept, the organizational problems, highlights the insufficiency of legal regulation and methodical support of the issues of creation and development of agro-industrial complex «Safe city». In the process of research, general scientific and private scientific methods of cognition were applied: analytical, logical, structural-functional, comparative legal. The main conclusion, drawn on the basis of the results of the study, is that in order to optimize the activities concerning creation and development of AIC «Safe City» in the territory of the Russian Federation it is required to introduce significant adjustments to the Russian legislation, to develop sufficient organizational and methodical basis, to develop mechanisms for creating a complex on the example of a pilot constituent entity of the Russian Federation . The main contribution made by the author in this article is the conclusion about the need to develop legislation in the field of complex security, formulated theoretical and applied proposals for carrying out organizational and legal measures in the field of development of AIC «Safe City». The results of the study can be applied by authorized legislative and executive bodies in their practical activities.


2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina

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.


Author(s):  
Kirill Valer'evich Naryshkin

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.


2021 ◽  
Vol 27 (3) ◽  
pp. 244-248
Author(s):  
Fedor Mikhailovich Kobzarev

The article deals in a generalised form with the problems associated with the conclusion, change, implementation and termination of the agreement on cooperation in criminal cases. Based on the results of the analysis of these problems and publications on these issues, various options for their solution are proposed. At the same time, the main attention is paid to the role and importance in the implementation of the norms of this institution of the prosecutor, the insufficiency of its powers to improve the effectiveness of the application of the pre-trial agreement. The author sets the task to form a set of proposals to improve the legal regulation of the procedure for the prosecutor's actions, its participation in proving compliance with the conditions and fulfillment of obligations by the suspect, accused under the pre-trial agreement, in proving the guilt of accomplices in a crime committed by a person in respect of whom the criminal case is allocated in a separate proceeding in connection with the conclusion of a pre-trial agreement. The study used general scientific methods (analysis, deduction) and private scientific methods (formal-logical, comparative law, etc.). As conclusions, it is proposed to make a number of additions to the criminal procedure law, including Part 2 of Article 74 of the Code of Criminal Procedure of the Russian Federation and introduce a new norm – Article 79.1 of the Code of Criminal Procedure of the Russian Federation, as well as to take certain organisational measures.


Author(s):  
Виктор Момотов ◽  
Viktor Momotov

In most developed legal order a stable and significant market of judicial representation was formed. Despite the fact that representation of the interests of citizens and organizations in courts on a commercial basis in our country is widespread, the Russian Federation is still on the way of forming such a market. The most significant influence on the formation of the judicial representation market is provided by the legal regulation of this procedural and legal institution: it can both facilitate and prevent the development of this segment of the economy. Unfortunately, there are no studies that consider the regulation of judicial representation in a comparative legal context from the standpoint of a balance between economic efficiency and fairness. The purpose of this study is to identify global trends in the regulation of judicial representation in its economic aspect, the evaluation of such regulation in Russian law and the proposal for ways to improve it. The objectives of the study are the analysis of the institution of “judicial investment”, the study of the trend of professionalization of judicial representation, as well as consideration of the problem of “honorariums of success”. To achieve the goals and objectives of the study, system-structural, comparative-legal, historico-systemic and statistical methods, as well as general scientific methods of induction and deduction are applied. Based on the results of the study, taking into account the current Russian legislation, as well as global trends in the development of the judicial representation market, suggestions are made about the expediency of developing in the Russian Federation an institute for investing in litigation, as well as for introducing mandatory professional representation in courts and reviewing the actual prohibition of inclusion in treaties on Provision of legal services conditions on the “honorarium of success”.


Author(s):  
Alexander Fedyunin

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.


Author(s):  
Svetlana Pavlovna Basalaeva

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.


2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.


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