scholarly journals On the Issue of the Place of the Prosecutor’s Office in the System of State Power of the Russ

2019 ◽  
Vol 6 (1) ◽  
pp. 142-148
Author(s):  
Nikolai Nikolaevich Karpov
Keyword(s):  
Russian Federation ◽  
State Power ◽  
The State ◽  
Specific Power ◽  
Federal Law ◽  
Power Functions ◽  
Historical Aspects ◽  
The Russian Federation ◽  
Law Regulation

The features characterizing the Prosecutor’s office as a subsystem of the state power of the Russian Federation, including its creation on the basis of the Federal law, regulation by the legislation of specific power functions and powers of Prosecutor’s office, independence and independence and others, and also historical aspects of functioning of the Russian Prosecutor’s office are investigated.

scholarly journals Name of the Highest Official of the Republic: Legislation and Practice

2018 ◽  
Vol 5 (1) ◽  
pp. 91-95
Author(s):  
M M Kurmanov
Keyword(s):  
Russian Federation ◽  
Negative Feedback ◽  
State Power ◽  
The State ◽  
Federal Law ◽  
State Authority ◽  
The Subject ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Republic

The analysis of the Amendments to the Federal Law of 6 October 1999 «On General Principles for the Organization of Legislative (Representative) and Executive Bodies of State Power in the Subjects of the Russian Federation» is presented in connection with the restrictions in establishing the name of the post of the highest official of the subject of the RF.Recognizing the majority of amendments to the Federal Law, useful and deserving of support, we consider, however, certain provisions of this law are highly controversial and controversial.The drafts of federal laws introduced by deputies of the State Duma of the RF and received negative feedback fromthe Government of the RF and the legal department of the State Duma of the RF and rejected by the State Duma of the RF. The execution of the Federal Law in the Republic of Tatarstan is analyzed, taking into account the treaty on the delimitation of powers and powers between the bodies of state authority of the Russian Federation and the state authorities of the subject of the Russian Federation of June 26, 2007. The author suggests ways of solving this problem in the Republic of Tatarstan.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

On the settlement of the grounds, conditions and procedure for the separation of a child from the family

2021 ◽  
pp. 148-161
Author(s):  
I.V. Ponkin
Keyword(s):  
Russian Federation ◽  
The State ◽  
Federal Law ◽  
The Family ◽  
The Russian Federation

Conclusion on the draft federal law № 986679-7 “On Amendments to Certain Legislative Acts of the Russian Federation”, introduced on July 10, 2020 to the State Duma of the Russian Federation by the Deputy of the State Duma P.V. Krasheninnikov and Senator of the Russian Federation A.A. Klishas.

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

scholarly journals Conciliation procedures in Russia: novelties of procedural reform

2019 ◽  
Vol 2019 (3) ◽  
pp. 10-19
Author(s):  
Ксения Горшкова ◽  
Ksenia Gorshkova ◽  
Сергей Желонкин ◽  
Sergey Zhelonkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Practical Training ◽  
Federal Law ◽  
State Construction ◽  
Wide Resonance ◽  
The Russian Federation ◽  
Procedural Reform ◽  
Judicial Procedure

Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special methods of knowledge, including historical, legal, logical, and formally legal. Results. The paper analyzes the results of consideration of the draft Federal Law No. 421600-7 “On Amendments to Certain Legislative Acts of the Russian Federation Due to Improving Conciliation Procedures” in the first reading by the State Duma of the Russian Federation, taking into account the opinion of the relevant committee of the State Duma of the Russian Federation on state construction and legislation which caused a wide resonance in the Russian legal community. It is concluded that the world experience in applying reconciliation procedures, indicating a positive dynamic in the peaceful resolution of legal disputes, is also spreading within the framework of the Russian legal system. In the framework of the Russian judicial procedure, two fundamental conciliation procedures were consolidated – the mediation procedure and the judicial conciliation procedure. The introduction of special subjects (intermediaries) as judicial conciliators for the settlement of disputes in court is aimed at reducing the workload of judges, its concise and effective distribution. Conclusion. The material contained in the work is of interest for further research on the problems of alternative ways of resolving a legal conflict, can be used when giving lectures and conducting practical training in the course of the civil process

scholarly journals Another example of the situational nature of changes in domestic criminal and criminal procedural legislation or a vital short story?

2020 ◽  
pp. 79-83
Author(s):  
Nikolay Letelkin ◽  
Dmitry Neganov
Keyword(s):  
Short Story ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The State ◽  
Federal Law ◽  
Procedure Code ◽  
Corona Virus ◽  
The Russian Federation

The article examines the situationality of modern lawmaking in the field of criminal law in the context of the adoption of the federal law of 1.04.2020 No. 100-FZ «On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation», adopted by the State The Duma of the Russian Federation in connection with the pandemics of the Corona Virus Disеаsе 2019 (COVID-19).

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