Версия на русском языке
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TO THE QUESTION OF RESTORING THE PRINCIPLE OF DOUBLE SUBMISSION IN THE CONSTITUTION OF THE RUSSIAN FEDERATION IN THE MODERN PERIOD
Author: Vishnyakov, Viktor G
Keywords: органы исполнительной власти, государство, двойное подчинение, конституционный принцип, Конституция Российской Федерации
The article is devoted to a comprehensive study of the characteristics and roles of executive authorities. Based on the analysis of the structures of executive authorities, the article identifies the main problems of the work of these executive authorities. The state often undergoes various changes, but, as we all know, executive authorities are the main channels for the implementation of public administration. If the executive authorities work inefficiently, then in practice the state is faced with a wide range of problems. The problem posed in the framework of this article is most significant for Russia today during the period of ongoing constitutional reforms.
Features and the role of executive authorities in the state system play a significant role. The state and its system often undergo a variety of innovations and changes, therefore, issues affecting this topic are always quite popular and interesting. The relevance of the study lies in special changes of the structures of the executive authorities themselves, the redistribution of their roles. The article also examined the signs and essence of the executive branch, the effectiveness of its activities, reflected some shortcomings and possible ways to overcome them.
ISLAMIC LAW IN RUSSIA: HISTORY AND PROSPECTS FOR DEVELOPMENT
Author: Artemov, Vladislav Yu
Keywords: Ислам. Шариат. Исламское право. Правосудие. Медиация. Религия
Muslims make up a significant part of the Russia»s population. In the article, the author studies the history of the development of Islamic law in Russia and some areas of its possible use at present, for example, Islamic banking, mediation, the possibility of creating Islamic justice bodies.
SOVIET LEGISLATION OF THE 1920S: FROM SUB-REGULAR ACTS TO THE CODIFICATION OF LEGISLATION
Author: Goncharov, Valery Valerievich
Keywords: Гражданская война, военный коммунизм, новая экономическая политика, советское законотворчество 1920-х гг, теоретические и конституционные основы, развитие кооперации, земельная политика, гражданское право
The review highlights the main results of the monograph conducted by the authors of the study, which is a logical continuation of a series of works by the authors on the history of state and law of Soviet Russia 1917-1925. The special significance of this kind of research is noted in anticipation of the celebration of the centenary of the Civil War, which is an important milestone in the history of Russia.
ORGANIZATIONAL AND LEGAL MEASURES TO PREVENT CONVICTED CRIMINALS FROM COMMITTING VARIOUS TYPES OF CRIMES AFTER SERVING THEIR RESPECTIVE CRIMINAL SENTENCES
Author: Osipian, Boris A
Keywords: идейно-правовые, законодательные и организационные меры, предупреждение преступлений, душевное исправление осуждённых лиц, социальная адаптация и ресоциализация осуждённых лиц после отбывания ими уголовного наказания
In this article author via consideration of different ways and processes of spiritual, moral and spiritual correction, social adaptation and of the previously convicted persons, offers specific theoretical, ideological, doctrinal, legislative, and organizational measures for the prevention them from committing their habitual crimes.
The author pays special attention to identifying and taking into account the personal qualities, criminal inclinations and tendencies of the convicted criminals , as well as correct choosing certain measures of ideological, legal, legislative and organizational influence on the personality of the former convicts, including their personal desires and world-visions, general and professional abilities to find their correct and creative place in the social, and group environment.
USE OF HISTORICAL EXPERIENCE IN PROCESS OF IMPROVEMENT OF SYSTEM OF LAW ENFORCEMENT AGENCIES OF RUSSIA
Author: Stepanov, Mikhail Mikhaylovich
Keywords: правоохранительные органы, Гражданская война, Советская Россия, антибольшевистские государственные образования, милиция, предварительное следствие, дознание, исправительно-трудовые учреждения
The article is devoted to the issues of improving the system of law enforcement agencies of Russia. It is proposed to use domestic historical experience in this area. In this regard, the organization and activities of law enforcement agencies of Russia in the years of Civil War (1918-1920) are considered. The construction of police, bodies of preliminary investigation of crimes (inquiries and preliminary investigations) and correctional labor institutions are investigated. Soviet and anti-Bolshevist law enforcement agencies are considered. A comparative analysis of the legal framework for their activities. Conclusions are drawn that centralization of bodies of protection of law and order and fight against crime has a positive impact on their management and effectiveness in the performance of their functions; in the years of Civil War, the preliminary investigation was separated from the police, which made the inquiry; the low efficiency of the pre-revolutionary penitentiary system led to an attempt to reform it in Soviet Russia.
POLICE IN LIECHTENSTEIN: COMPARATIVE LEGAL ANALYSIS
Authors: Trefilov, Alexander Anatolyevich; Borodulkina, Ekaterina Sergeevna
Keywords: Лихтенштейн, полиция, уголовное судопроизводство, правоохранительная деятельность, правоохранительные органы
The authors of this article, relying on normative and doctrinal sources, mainly German-speaking, consider the main features of the status of the police in the dwarf, miniature state-the Principality of Liechtenstein, which is located between Switzerland and Austria. The legal definition of the police is analyzed, its structure is investigated, and the powers of this state body are classified. Special attention is paid to the participation of the police in criminal proceedings. The views of the reigning Prince Hans Adam II regarding the tasks and functions of the police are considered.
RECOGNITION OF A URGENT LABOR AGREEMENT CONCLUDED FOR AN UNCERTAIN DATE
Author: Zhiltsov, Miron Aleksandrovich
Keywords: срочный трудовой договор, неопределенный срок, работник, работодатель, суд, индивидуальный трудовой спор
The labor legislation of the Russian Federation proceeds from the fact that fixed-term employment contracts with employees are concluded in cases expressly specified in the law. Within the framework of this article, some problems related to the recognition of a fixed-term employment contract concluded for an indefinite period, as well as questions of the application by the courts of labor law in this area were reflected.
CONTENTS OF AN EMPLOYMENT CONTRACT WITH PERSONS UNDER THE AGE OF 14
Author: Kartashova, Galina Nikolaevna
Keywords: трудовой договор, работники, не достигшие возраста 14 лет, обязательные условия трудового договора, режим труда, оплата труда
The article deals with the problems of establishing a number of mandatory conditions of an employment contract concluded with persons under the age of 14. The author analyzes the current labor legislation, as well as regulations that affect the content of labor relations with young employees. The article reveals the existing problems of legal regulation of labor of employees who have not reached the age of 14 years, and also identifies gaps in existing regulatory legal acts regulating the labor of this category of employees. When considering these problems, the author suggests possible ways to solve them. The article suggests improving the system of remuneration for employees under the age of 14 in order to protect their interests. Тhe establishment of a labor regime for young workers is also justified. The article also analyzes the current labor legislation on the impossibility of admitting persons with a criminal record to work with children under article 331 of the labor code of the Russian Federation.
SOME ISSUES OF APPLICATION OF PROFESSIONAL STANDARDS (ON THE EXAMPLE OF MEDICAL ORGANIZATIONS)
Author: Kamenskaya, Svetlana Vladimirovna
Keywords: профессиональные стандарты (профстандарты), медицинские организации, квалификационные требования, трудовая функция, медицинские работники
the article discusses some issues of application of professional standards on the example of organizations of medical profile, such as: should the standards be applied by all medical institutions from January 1, 2020, is the application of professional standards to the form of ownership and departmental affiliation respective organization, what the regulations shall regulate the procedure for the application of professional standards, can medical organizations to determine the timing of the introduction of professional standards and a number of other issues equally important both for science and for practice.
QUESTIONS OF LABOUR PROTECTION DURING FOURTH INDASTRIAL REVOLUTION
Author: Mikhailov, Alexander V
Keywords: четвертая промышленная революция, охрана труда, дистанционный труд, вина пострадавшего работника, психическое здоровье работников
The fourth industrial revolution, together with the transformation of labor law, presupposes the further development of the institution of labor protection. In connection with the further digitalization of production processes, there is a need to change and transform labor protection standards in labor law. The author analyzes the possible prospects for the development of legal relations in this area. The article concludes that the legal regulation of labor protection is becoming more complicated due to increased volumes of distance labor and the use of online control of production processes.
SUSTAINABLE AND SOCIALLY RESPONSIBLE TOURISM AS AN ELEMENT OF THE STATE»S SOCIAL POLICY
Author: Myagkova, Evgenia Vladimirovna
Keywords: социально-ответственный туризм, инклюзивный экономический рост, туристские дестинации, экологизация
the article is devoted to the legal regulation of the theoretical foundations of sustainable and socially responsible tourism. The problems of applying the world»s methods of socially responsible tourism in practice in the Russian Federation are described. The increase of the public role of tourism in the operation of socially responsible tourism is proved. The principles of sustainable tourism development based on different aspects are outlined. The article also provides the UNWTO forecast for international tourist arrivals. Examples of successful projects of socially responsible tourism on the territory of the Russian Federation are considered.
QUALIFICATION IN THE COMPOSITION OF LABOR FUNCTION: PROBLEMS ENFORCEMENT
Author: Tutor, Svetlana Evgenyevna
Keywords: квалификация, профессиональный стандарт, трудовая функция, система оплаты труда
Many procedures and conditions are tied to the qualification of an employee in labor relations. Qualification is contained in the concept of labor function. Upon dismissal for a number of reasons, the employer must offer the employee a job that is appropriate to his qualifications. One of the grounds for dismissal is directly linked to the qualifications of the employee. Qualifications should be taken into account when establishing employee wages. At present, the National Presidential Council on Vocational Qualifications is preparing a Strategy for the development of a national qualifications system for the period up to 2030. In this regard, it is important to once again return to the issue of qualifications and law enforcement practice in this area.
SOCIAL BENEFITS FOR CHILDREN: QUESTIONS OF THEORY AND PRACTICE
Author: Khromova, Natalia Mikhaelovna
Keywords: дети, пособия, пособие на ребенка
The article deals with theoretical and practical issues of assigning social benefits to children; it notes the importance of the principles of the welfare state in the establishment of a social species and volume, as well as guarantees of social protection of beneficiaries.
WHAT IS THE LEGAL REGIME OF A LAND PLOT?
Author: Gavrilyuk, Maria Nikitichna
Keywords: правовой режим, зонирование территорий, категория земель, вид разрешенного использования, градостроительный регламент
The article reveals the problem of the notion «legal regime of the land» from the point of view of the analysis of the rules of the land and town planning legislation in relationship definitions: «land category», «permitted use» and «urban planning regulations». The town-planning code of the Russian Federation only in passing mentions the categories of land and suggests that the legal regime is determined by urban planning regulations, while the Land code stipulates that the legal regime of land includes land category and permitted use, not to mention the town-planning regulations. The author concludes that it is necessary to develop and introduce into the Land code of the Russian Federation a Chapter concerning the definition and procedure for establishing the types of permitted use of land, as well as the creation of agricultural regulations, including for particularly valuable agricultural land and agricultural land by analogy with the town-planning regulations. In addition, in addition to the types of permitted use, it is necessary to legislate the permitted activities on the land plot, which will allow certain types of work (activities) or place any objects without changing the permitted use.
CRIMINAL AND LEGAL PROTECTION OF ESPECIALLY VALUABLE PRODUCTIVE AGRICULTURAL LANDS IN RUSSIA IS THE MOST IMPORTANT TASK OF THE STATE AND SOCIETY
Author: Ibragimov, Curie
Keywords: особо ценные продуктивные сельскохозяйственные угодья, правовая охрана, рациональное использование, биоразнообразие, экосистемы, правообладатели земельных участков, законодательство
The article deals with the issues of criminal law protection of especially valuable productive agricultural lands in Russia. It is shown how negatively their haphazard pollution with agrochemicals and pesticides can affect the state of the environment, the health of the population and its future generations. Presents and analyzes the causes of «sakimichan» especially valuable productive agricultural land. Prompted to enter the «Red book especially valuable productive agricultural land of the Russian Federation» and adoption of the special Federal law «On especially valuable productive land for agricultural purposes» and appropriate amendments to the criminal code. The definition of «particularly valuable productive agricultural land» is given.
PUBLIC-PRIVATE PERTNERSHIP IN THE ARCTIC ZONE OF THE RUSSIAN FEDERATION
Author: Puzankov, Andrey Vladimirovich
Keywords: экологический туризм, особо охраняемые природные территории, государственно-частное партнерство, концессия, инвестиционное товарищество, познавательный туризм, экологический мониторинг
this article is devoted to the issue of legal regulation of tourism activities on the territory of specially protected natural territories located in the Arctic zone of the Russian Federation. The author lists the regulations on tourism activities in the Russian Federation and analyzes the legal norms aimed directly at the legal regulation of ecological tourism in the Arctic zone. The author points out the fragmentary nature of legal regulation of tourism activities and the ambiguity of the definition of «ecological tourism».
The article examines the history of concessions in Russia and the possibility of their use for tourism activities, taking into account the legal restrictions of natural zones.
The author considers the normative acts, which call «public-private partnership» as a means of realization of ecological tourism. The author proposes legal structures that allow creating an infrastructure for eco-tourism in the Arctic zone of the Russian Federation through a «public-private partnership». Concessions and investment partnerships have been proposed as such structures.
ENVIRONMENTAL EDUCATION IN THE RUSSIAN FEDERATION
Author: Shelomentsev, Vitaly Nikolaevich
Keywords: Малоразвитый человек живёт за счёт милости природы. Природа живёт милостью высокоразвитого человека». Эколого-правовая база, мировой экологический стандарта окружающей среды, охрана природы является делом каждого и государства
the Purpose of environmental education is the formation of environmental culture in society, education of respect for nature, rational use of natural resources, environmental education is carried out through the dissemination of environmental knowledge about environmental safety, information about the state of the environment and the use of natural resources.
REVIEW OF READER CONFERENCE «MODERN PROBLEMS OF THE DEVELOPMENT AND APPLICATION OF LAND LEGISLATION OF RUSSIA», ORGANIZED BY EDITIRAL BOARD OF THE MAGAZINE «BLACK HOLES» IN RUSSIAN LEGISLATION» (FEBRUARY 2020)
Authors: Bogolyubov, Sergey Aleksandrovich; Antonova, Natalya Vladislavovna
Keywords: земельное законодательство, Российская Федерация, гражданское законодательство, принципы правового регулирования, зарубежный опыт регулирования, земельный участок, категории земель, Арктическая зона
in the framework of the reader’s conference, the research of scientists in the field of environmental, land and environmental law is presented. The conference participants discussed a number of questions about the most pressing problems of improving and applying modern legislation in this area: the interaction of the principles of land and civil law, the turnover of land, the formation of land and their classification, and the involvement of unused agricultural land in civilian traffic. Other issues of particular importance at the stage of the ongoing constitutional reform in Russia, and in particular the problems of the Arctic and the Arctic zone, were highlighted.