Living Arrangements of Older Persons: Analysis of the Activities of Constituent Entities of the Russian Federation

The growth of the number of older persons makes it necessary to create decent favourable conditions for their lives and activities, which contributes to forming the basis for their active longevity. Nowadays, in order to solve this kind of problems, an alternative form of social service, a «foster family for older persons» is widespread in many constituent entities of the Russian Federation. Legal relations in a foster family are regulated by the rules of different branches of law. The leading role is played by the legal framework of the constituent entities. Meanwhile, one can observe a lack of consistency in defining terms and notions, as there is no legal definition of a «foster family for an older person» in the federal legislation. The purpose of the research is to establish regional similarity in documents and to find possible solutions of the problems that arise when implementing this kind of social assistance in the Irkutsk region. The content analysis conducted by the author allowed her to study the regulatory framework of the activities of foster families for older persons; to consider the options for naming the alternative form of service and its main notions; assess social demographic characteristics of people that create a foster family; to define the main conditions for creating a foster family. According to the results of the research, key directions of the activities, aimed at improving regional regulatory legal acts, are identified, organizational events, aimed at providing a possibility for older persons to stay in habitual family conditions as long as possible, are programmed. The obtained conclusions can be used to formulate regulations of the federal legislation on foster families for older persons and other regulatory legal acts and methodological documents of both federal and regional levels, which, in the future, could reduce the number of problems that arise when implementing this kind of social assistance for older persons in constituent entities of the Russian Federation.

Desafios do Tempo Imediato: a Educação Brasileira em Tempos de Pandemia

ResumoEste trabalho analisa a legislação federal emitida durante a pandemia da Covid-19 para fornecer subsídios acerca das implicações deste momento nas práticas educativas e na vida escolar. Para tanto, foram consultados o Diário Oficial da União e o acervo do Conselho Nacional de Educação, de forma virtual, permitindo localizar portarias, pareceres e demais normativas que regulamentaram as ações durante este momento. Assim, a pesquisa possui abordagem documental, qualitativa e bibliográfica, analisando a documentação à luz do referencial teórico da história do tempo imediato e das concepções de ensino presencial, remoto e não presencial. O estudo aponta alguns entendimentos sobre a ação governamental no período, a qual ocorreu de forma lenta e aquém do esperado diante da gravidade da pandemia. Palavras-chave: História. Ensino. Legislação Federal de Ensino. AbstractThis paper analyzes the federal legislation issued during the Covid-19 pandemic to provide information about the implications of this moment for educational practices and school life. Therefore, the Brazilian Federal Gazette and the collection of the National Council of Education were consulted, virtually, allowing to find ordinances, opinions and other regulations that regulated the actions during this moment. Thus, the research has a documentary, qualitative and bibliographic approach, analyzing the documentation in the light of the theoretical framework of the immediate time history and the concepts of in-person, remote and not-in-person teaching. The study points out some understandings about government action in the period, which took place slowly and below expectations due to the seriousness of the pandemic. Keywords: History. Teaching. Federal Teaching Legislation.

FOR A DISCUSSION ABOUT THE “MUNICIPAL FILTER”

The model for elections of top officials of the constituent entities of the Russian Federation, which was restored by amendments to the federal legislation in 2012, differs significantly from the previous regional election campaigns and establishes special conditions for the participation of candidates. These include support for the nomination of a candidate for the post of head of a constituent entity of the Russian Federation by representatives of local authorities elected by the population - municipal deputies and heads of municipal formations, which very quickly received the informal name “municipal filter” among lawyers, political scientists and publicists. Among other novelties of electoral legislation, it is this requirement that has been the subject of sharp criticism for ten years. Materials and methods. In preparing the article, the authors analyzed federal legislation, by-laws, election campaign materials, and judicial practice of the Constitutional Court of the Russian Federation. The main methods used are technical-legal, formal-legal, comparative-legal. Results. The requirement to support the nomination of a candidate for the post of the highest official of a constituent entity of the Russian Federation can be assessed as a complex and contradictory procedure. It performs important functions in controlling the electoral process, ensuring the unity of the Russian public power system, developing local self-government, and strengthening the political and party systems. However, in modern Russian political conditions, the prevalence of a certain political force in local self-government bodies, the “municipal filter” is being transformed from a legal procedure into an instrument of unfair political struggle. Conclusions. The study substantiates the need to preserve and reform the “municipal filter” in terms of reducing the minimum and maximum levels of support for candidates and reducing the territorial coverage of municipalities in the region.

Problems of administrative and legal regulation of pets keeping

The legal status of pets, as the object of legal relations between people, traditionally raises many debating questions. On the one hand, pets are objects of real law, on the other – they are animated creatures that can experience emotions and communicate with humans. Moreover, pets in case of their housing rules violations, often become a threat for the surrounding people’s safety. That is why the search for ways to modernize administrative and legal regulations in this area of public relations does not lose its relevance. The purpose of this article is to study the problems of administrative and legal regulation of pets’ keeping. Methodology: common methods of cognition were used - comparison, analysis, synthesis, abstraction, systemic, structural and functional approaches, etc. The results of the study made it possible for the author to formulate a number of proposals to improve the existing legislation on the pet housing regulation. The author argues the relevance of the pet registration introduction. In addition, the arguments are given for the necessity to establish at the level of federal legislation an administrative responsibility for assumption allowing a pet to attack a person.

Private Securities Litigation

This chapter focuses on the erratic and unacceptable private securities litigation framework that prevails in the United States. The litigation structure contained in the federal securities acts was based on a different era and is not suitable for today’s securities markets. Although federal legislation has been enacted to address perceived shortcomings on an episodic basis, significant gaps and inconsistencies exist. Likewise, the federal courts, faced with a fractured statutory regimen, frequently have construed the remedial provisions in a wooden and unduly restrictive manner. The consequence of these congressional and judicial actions is a disparate liability framework that lacks sound logic, consistency, and even-handed treatment for plaintiffs and defendants alike. This chapter provides several examples of the inconsistencies and disparate treatment that prevail under the federal securities laws. Thereafter, recommendations for corrective measures are proffered. These proposals, if adopted and effectively implemented, should instill a substantially greater degree of certainty, uniformity, and equity than currently exists.

The No Surprises Act: A Bipartisan Achievement to Protect Consumers from Unexpected Medical Bills

The No Surprises Act, passed by Congress at the end of 2020, offers significant protections to most Americans with private health insurance. Insured Americans are vulnerable to receiving surprise medical bills when they receive services from out-of-network providers. Protections for consumers against such bills initially emerged in several states that passed laws. The varying approaches taken in different state laws ultimately offered a foundation for federal legislation. Although there was always a broad consensus among stakeholders for protecting consumers during both state and federal deliberations, it was a challenge to identify a means of determining the amount that an insurer should pay to the out-of-network provider. But the Congress eventually reached a compromise that became law, which goes into effect in January 2022.

Making Sovereignty Mean Something: Native Nations and Creative Adaptation

Scholarship regarding Native Nations has often focused on the problems of Native Nations caused by a brutal history of genocide, repression and forced assimilation. Relatively little attention has been paid to how Native Nations creatively adapt to their circumstances in a continual process of reinvention. This article provides insights into Native Nations through examples in the lower 48 states and Alaska. This study, based on 16 interviews the author conducted with Native Nations leaders in Alaska and the lower 48 states, demonstrates how Native Nations adapt to their unique circumstances to make sovereignty meaningful, because of and in spite of federal legislation that seeks to govern Nation Nations. Ultimately, I argue that many Native Nations today are purposefully modernizing by creatively adapting to their circumstances, transforming systems of governance, and leveraging economic tools, integrating their own evolving cultural practices. While modernization implies following a Western developmental path, purposeful modernization is driven by the choices of the people. While change was forced upon Native Nations in numerous, often devastating, ways since colonization, they have nevertheless asserted agency and formed governments and economic institutions that reflect and reinforce their own cultural norms. This article highlights examples of how Native Nations and the lower 48 have adapted given the very different circumstances created in part by state and federal policies such as the Indian Gaming Regulatory Act (IGRA) and Alaska Native Claims Settlement Act (ANCSA).

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.