Forensic Construction Investigation of Reconstructed Premises

The article addresses solving the issue of the possibility of preserving reconstructed premises or carrying out proposed reconstruction works in the course of in the course of construction forensic investigation. The significance of the problem attributes to the volume of the stock of residential and public buildings which are older than 40 years (according to statistics, the housing stock of Russia in 1980 was 1,861 million m2 , in 2015 – 3,581 million m2 ), outdated layouts of premises, and the evolved consumers’ idea of comfort.A construction expert’s task is to determine if there is a possibility to change the layout, the function of premises to improve living conditions, or reconstruction poses a threat to the state of the object, its further proper operation, the integrity of the installed engineering systems, the appearance of the facades, nearby buildings and structures. Using regulatory material, the authors consider the criteria for solving this problem, present the procedure for conducting studies of buildings or structures, building materials, structures, and relevant documents in this line of forensic construction examination. Finally, the article gives specific examples of the redevelopment of apartments, a proposed reconstruction of the kindergarten premises.It is noted that the reliability of experts’ opinions is based on a comprehensive, unbiased analysis of all the technical and economic characteristics of construction objects, verification of documentation, an inspection of structures for compliance with the requirements of federal laws, rules, and regulations.

New legislative accents in the mediation procedure and legal principles of alternative dispute resolution

The article analyzes the latest versions of federal laws that made changes to the mediation procedure — allowed judges to resign to perform the procedure of professional mediation; provided an opportunity to notarize a mediation agreement, giving force to an enforcement document; the procedure of «judicial reconciliation» appeared. It is proved that mediation in its essence is not the «activity» of professional intermediaries, mediators, but a «procedure», namely, a structured process that is an alternative dispute resolution technology. The legal principles of the mediation process are disclosed: voluntariness, confidentiality, neutrality, passionlessness and independence of the mediator, independent decision-making by the parties, equality of the parties.

Standardization, metrology and conformity assessment. Practicum

The textbook presents the methodology of practical work established by the work programs, as well as situational tasks. It is planned to use innovative pedagogical technologies in a number of works, such as analysis of practical situations, federal laws, standards and business games. The textbook is an addition to the textbook by M.A. Nikolaeva and L.V. Kartashova "Standardization, metrology and conformity assessment". Meets the requirements of the federal state educational standards of higher education of the latest generation. For university students studying in the areas of training 38.03.06 "Trade business" and 38.03.07 "Commodity science".

Seasonal mite population distribution on Caryocar brasiliense trees in the Cerrado domain

Caryocar brasiliense Camb. (Malpighiales: Caryocaraceae) trees have a wide distribution in the Cerrado, and it is protected by federal laws. The need to monitor and understand pest damage to crops and forests is a major motivation for the study of population distribution. The mites (Acari) population distributions on C. brasiliense are unknown. We studied seasonal mite population distribution and their ecological indices on C. brasiliense trees in Cerrado areas during three years. Greatest number of Agistemus sp. (Stigmaeidae), Histiostoma sp. (Histiostomidae), Proctolaelaps sp. (Ascidae), and diversity and species richness on leaves of C. brasiliense occurred in the autumn; Tetranychus sp.1 (Tetranychidae) on leaves in the autumn and winter; Histiostoma sp., and Proctolaelaps sp. in fruits in the summer. No significant effect of season was observed in the abundance of Eutetranychus sp., Tetranychus sp.2 (Tetranychidae) and Acaridae. The populations of Acaridae, Eutetranychus sp., Proctolaelaps sp. and Tetranychus sp.1 negatively correlated with temperature. Proctolaelaps sp. and Tetranychus sp.1 correlated negatively with rainfall and Eutetranychus sp. and Proctolaelaps sp. positively with sunlight. The period with low rainfall and relative humidity increases the phytophagous mites and their predators, especially Agistemus sp.. The Tetranychus sp. and Histiostoma sp. species may become pests in C. brasiliense in the Cerrado domain.

Problems of excessive lawmaking in modern Russia

The article is devoted to the problems of a very significant number of federal laws adopted by the State Duma of Russia, especially over the past five years, as well as the weak understanding of legislative acts by officials and ordinary citizens related to these issues, which as a result entails practical non-enforcement of laws. Considering lawmaking as a process necessary for the normal functioning of the state, the author analyses, first of all, quantitative indicators for the annual adoption of federal laws, and he also provides examples from individual regulatory legal acts. As a result of the analysis, as well as taking into account more than twenty years of experience in public authorities, the author identified the causes of excessive lawmaking, conditions conducive to the emergence of a large number of laws. A table showing the number of adopted federal laws for the period from 1994 to 2020 is attached to the article. Based on the results of consideration of the above issues, the author formulated conclusions and suggestions.

Local self-government as a constitutional value: from the origins to the current state

July 6, 2021 dates 30 years since the appearance of the first law on local self-government in the modern history of Russia. Over the past period, the Russian state and the Russian legal system have undergone a difficult path to modernization of the legislation on local self-government and its approbation to actual reality. During this historical period, Russian Federation adopted the Constitution, the text of which was significantly transformed in 2020; local self-government, in addition to the mentioned law of 1991, incorporated all the «joys and hardships» from the federal laws «On General Principles of the organization of Local Self-Government in the Russian Federation» of 1995 and 2003. This article presents a comparative legal analysis of certain provisions of federal laws on local selfgovernment, which have been regulating for 30 years at the level of the federal legislator the issues of local self-government in the Russian Federation as one of the fundamental constitutional values of modern democratic states. The author makes a disappointing conclusion that the named constitutional value has been significantly changed both in form and content over the past historical period of the development of the Russian statehood. This predetermined the situation of «crisis» of the current state of local self-government in the Russian Federation and the possibility of its «dissolution» with the emergence of a constitutional category «a unified system of public power».

Legal framework as a means of effective communication between the investigator and the body of inquiry (through the example of internal affairs bodies)

Based on the conducted research the authors concluded that there are regulatory legal acts regulating the issues of interaction between the investigator and the body of inquiry, which in addition to the criminal procedural law include other laws and by-laws, in particular, the federal laws “On operative-investigative activity”, “On the police”, departmental orders and instructions. It is noted that the existing disputes about the legality, procedure, types and subjects of interaction, about the procedural nature and evidential significance of information obtained from interaction, about the methods of its registration demonstrate the imperfection of the current regulatory framework in this area, which prevents its effective enforcement. The article indicates that the gaps in legislation in some of the most significant areas of intervention in the system of the Ministry of Internal Affairs have been filled through regulatory legal acts issued both at the federal level of the department and the level of territorial internal affairs bodies (in the form of orders, decrees, instructions and etc.), which certainly allowed to solve a number of practical problems. The authors of the publication make proposals for improving the legislative regulation of the procedural status of the body of inquiry as a participant in a criminal process.

Telegenetics and COVID 19: Through the Pandemic and Beyond

Introduction - The COVID 19 pandemic led to restrictions on the conventional ways of healthcare delivery. Telemedicine provided a viable solution that was in line with the social distancing policies imposed to minimize disease transmission. This demanded physicians adapt to new ways of healthcare delivery. We surveyed geneticists across the country to determine their experience and to ascertain if telegenetics will be a lasting change. Materials and Methods - A 23 item standardized survey was distributed to various US-based geneticists via email and other social media platforms focusing on their experience of providing care via telemedicine. Results - We received 69 responses from physicians across 26 states. Of these, 91% practiced in academia. 70% responded that pediatric genetics takes up more than 50% of their practice. 68% had over 50% of their practice switch to telemedicine. 77% felt they could provide adequate care via telemedicine and 94% of providers would like to continue telemedicine post-pandemic. Conclusion - The future of telemedicine looks promising as the majority of clinicians would like to routinely use telemedicine post-pandemic. Uniform guidelines for use of telemedicine in genetics may need to be proposed by professional societies and supported by federal laws.

Legal Restrictions for Persons Who Have Committed Crimes

The approaches of the Russian lawmaker to institute control over law for persons who have committed crimes are analyzed in the article. The paper investigates the fact that given legal restrictions are used as retaliatory measures not only for those who have committed crimes. Having manifested the danger for the society the criminal suffers from other restrictions of the rights during the court procedure and furthermore. Moreover, many legal restrictions are applied not only to the persons who are under trial or have a criminal record but also to those who are relieved of criminal responsibility due to nonrehabilitating circumstances. Key law positions of the Constitutional Court of the Russian Federation on arguable points of lawmaker’s introduction of law restrictions for the people who have committed crimes are formulated. Conclusions are drawn that many legal restrictions for such category of people concerning their labour activities contradict each other. Recommendations of strategic and tactical character are given, such as to reform the institute of previous convictions and to make universal law restrictions for those who have committed crimes. The realization of the tactical aspect is connected with the procedure of giving more precise definitions to many federal laws dealing with legal restrictions for this category of people. In particular, the question is about complete equality of prohibitions when joining and serving in law enforcement agencies, about federal unique list of discharge from criminal responsibility which is the reason to prohibit service in law enforcement agencies and other agencies.

Special tax treatments – a lifeline for small businesses?

Objective: Analysis of the problems of small businesses functioning in the context of the economic crisis aggravated by the pandemic, most particularly economic relations between the state and a tax-payer in the process of taxation of small businesses. Methods: Special tax treatments as one of the tax incentives for small businesses are used, legislative and regulatory acts of state authorities, as well as federal laws. Results: The authors have concluded that the most important challenge the Russian economy is currently facing is to ensure the survival of small businesses, including by ex-panding rather than narrowing the scope of application of special tax treatments. Practical im-portance: The novelty of the research lies in the critical approach to the stance of the state in rela-tion to special tax treatments, which are aimed at creating favorable economic and tax conditions for business deve¬lopment. Therefore, it is extremely necessary to provide real support to small businesses in the context of the economic crisis, aggravated by the pandemic.