Recourse action against investigative authorities is a legal way of «fall guys:» identifying who made a mistake in the criminal procedural system

2020 ◽  
Vol 7 (2) ◽  
pp. 93-104
Author(s):  
Kovtun N. Kovtun
Keyword(s):  
Russian Federation ◽  
Main Idea ◽  
Federal Budget ◽  
Practical Experience ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Detention Facility ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures

The author indicates how and in which ways tendencies of recourse recovery from guilty persons of investigative authorities can be realized. The article reviews practical experience of recourse actions disposition over the last years in the Russian Federation. From the authors point of view, this practical experience is confusing, conflicting, and potentially hazardous. In 2018, the Law Commission of the Government of the Russian Federation endorsed a bill aimed at improving recourse actions against investigative authorities. The legal fundamentals of the bill are stated in regulations of Chapter 18 the RF CPC and again in Articles 1069, 1070, 1080, sub-paragraphs 3 and 3.1 of the Article 1081 of the CCRF. The main idea of the bill is to improve the subjects and practice of recourse recovery from guilty parties of investigative authorities and other law enforcement agencies of those funds that were disbursed to rehabilitees from the Treasury of the Russian Federation account in accordance with Chapter 18 of the RF CPC [1]. The Russian Federation State Duma presented a bill in 2019 that specified the minimum amount of state monetary compensation for unwarranted prosecution of such persons who (in future) would be liable to rehabilitation. There are some innovations of the given bill. The minimum compensation per rehabilitee is 1000 RUB for each day of pretrial investigation and judicial inquiry; 5000 RUB per day for illegal use of such restrictive measures as house imprisonment, restraining order, and written undertaking not to leave the place; and 15 000 RUB per day of illegal stay in pretrial detention facility [2]. If these new measures are accepted, the amounts of recourse against investigative authorities will be cardinally increased. The keys of the above-noted lie in growing statements. The main point of these statements is that the federal budget loses huge sums annually and irrevocably through the realization of institute rehabilitation.

scholarly journals Balance of the Federal Budget

2020 ◽  
Vol 7 (4) ◽  
pp. 52-62
Author(s):  
L. M. Kupriyanova ◽  
I. D. Surkhaev
Keyword(s):  
Russian Federation ◽  
Budget Deficit ◽  
Federal Budget ◽  
Point Of View ◽  
Debt Management ◽  
Intergovernmental Fiscal Relations ◽  
Budget Policy ◽  
The Russian Federation ◽  
Public Debt Management ◽  
The Government

The article is devoted to the problem of balancing the budget from the point of view of the form of implementation of the principle of building the budgetary system of the Russian Federation and the state of the federal budget, provided that all its expenses are covered by its revenues. If income is insufficient, a budget deficit occurs. The research methodology provides for a comparative analysis of the concepts and content of budget balance, tools for its provision, the main directions of budget policy and solutions to strategic problems. The result of the study is the proposals for assessing the balance of the budget to cover the deficit and the need for sources of financing the budget deficit. The formulated recommendations are focused on the optimisation of income, expenditures, the formation and use of budgetary reserves, public debt management, as well as effective regulation of intergovernmental fiscal relations. The federal budget deficit is subject to regulation in the direction of its reduction, for which the instruments for balancing it and priority directions for the activities of the financial bodies of the Government of the Russian Federation have been determined.

Efficiency of budgeted expenses and fiscal productivity of taxes (historical aspect)

2017 ◽  
Vol 5 (4) ◽  
pp. 9-15
Author(s):  
В. Пушкарева ◽  
V. Pushkareva
Keyword(s):  
Budget Deficit ◽  
Federal Budget ◽  
Point Of View ◽  
Tax Revenue ◽  
Historical Aspect ◽  
Scientific Heritage ◽  
Effective Implementation ◽  
Relevant Today ◽  
The Russian Federation ◽  
The Government

In the years of recession and stagnation in the decrease in government revenues, increase budget spending, which inevitably leads to an increase in the budget deficit. Current to 2016, the situation forced the Government of the Russian Federation in the first place, firmly put the issue of optimization of expenditures of the Federal budget, and secondly on the search for additional sources of tax revenue (improving tax administration, enhancing tax collection, tax maneuvers) and non-tax revenues (privatization). The article analyzes the scientific heritage of professor F.A. Minkov (1881–1937) from the point of view of the economy of the state (budgetary) costs, including sources of revenue, reducing the costs of collection and improve fiscal productivity taxes. The insights of professor F.A. Menkovare relevant today for the effective implementation of budgetary policy in Russia.

scholarly journals Cultural policy and social practice in the regions of the Russian Federation

2018 ◽  
Vol 6 (4) ◽  
pp. 29-40
Author(s):  
Sergey N. Komissarov ◽  
Vladimir M. Soldatov
Keyword(s):  
Russian Federation ◽  
Social Practice ◽  
Cultural Policy ◽  
Practical Experience ◽  
Cultural Development ◽  
The State ◽  
The Russian Federation ◽  
The Republic ◽  
The Government ◽  
Main Components

The article analyzes the practical experience of the participation of the authors of the article in the development and implementation of the republican program for the implementation of the state cultural policy in the Republic of Dagestan. In terms of methodology, the analysis is based on the concept of regional cultural policy previously developed for this program in this subject of the Russian Federation (RF). It takes into account the most important provisions of the approved presidential "Fundamentals of the State Cultural Policy" in 2014, the government "Strategies of the State Cultural Policy for the period until 2030" in 2016, as well as other documents of strategic planning and programming of culture in the Russian Federation. The study showed that these documents require a significant update of the main components of cultural development programs in the regions of the Russian Federation. In this connection, the greatest attention is paid to the authors of the new goals and objectives of the state cultural policy in the constituent entities of the Russian Federation, as well as indicators (indicators) of evaluating the effectiveness of implementing regional programs in general, the effectiveness of achieving goals and solving problems in its main areas (sub-programs), in particular.

scholarly journals Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation

2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Point Of View ◽  
Law And Order ◽  
Social Tension ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Legal Mechanism ◽  
Coordination Activity

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.

Social protection of population in the regional dimension

2021 ◽  
Vol 96 (3) ◽  
pp. 112-123
Author(s):  
A. V. Shulyaeva ◽  
Keyword(s):  
Social Support ◽  
Russian Federation ◽  
Social Protection ◽  
Main Idea ◽  
Federal Budget ◽  
The State ◽  
The Russian Federation ◽  
State Programs ◽  
Unequal Opportunities ◽  
Regional Programs

The article analyzes measures of social protection of population determined by the state programs on the example of a number of constituent entities of the Russian Federation: the Khabarovsk territory, Irkutsk and the Amur regions. The main idea is to show how certain categories of citizens receive certain measures of state support in the different constituent entities of the Russian Federation in accordance with the current legislation. It is shown that the constituent entities of the Russian Federation provide for additional measures of social support within the framework of the state programs of social protection adopted by them. Attention is focused on the fact that in the Russian Federation, social support measures are provided on a mandatory basis to all citizens in need of this within the framework of available funding. However, the co-financing of regional programs from the federal budget is not equal to all constituent entities of the Russian Federation (by the example of those analyzed in the article), as a result of which they have unequal opportunities in the implementation of measures of social protection of the population.

SOME ISSUES OF LEGAL REGULATION AND ORGANIZATION OF THE REGIME IN PENAL IN STITUTIONS IN CONDITIONS OF THE CORONAVIRUS INFECTION SPREAD (COVID-19)

2021 ◽  
pp. 131-136
Author(s):  
Сергей Евгеньевич Илюхин ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Closed Space ◽  
Penal Institutions ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures ◽  
Close Contacts

Распространение и выявление новой коронавирусной инфекции (COVID-2019) как на территории РФ, так и в структуре объектов УИС актуализирует необходимость трансформации средств обеспечения жизнедеятельности как всех субъектов права, так и в особенности подозреваемых, обвиняемых и осужденных. Доказано, что данная категория граждан находится в особо уязвимом положении с точки зрения подверженности заболевания коронавирусом по причине специфики режима отбывания наказаний, который предполагает замкнутость пространства. Введение мер ограничения, регламентированных Правительством РФ, конкретизируемых нормативно-правовыми актами ФСИН России и главного государственного санитарного врача ФСИН России, спровоцировали необходимость решения ряда вопросов, возникающих при реализации системы мероприятий по отбыванию осужденными наказаний в учреждениях УИС. Вышесказанное обуславливает важность и своевременность исследования, связанного и изучением проблем и дискуссионных положений, обуславливающих процесс исправления осужденных и предупреждения совершения ими новых преступлений через призму осуществления санитарно-противоэпидемических мер для предупреждения распространения коронавирусной инфекции. The spread and reveal of a new coronavirus infection (COVID-2019) both on the territory of the Russian Federation and in the structure of penal institutions have prompted us to talk about the need to transform the means of ensuring the life of all subjects of law, and especially suspects, accused and convicted. It is proved that this category of citizens is in a particularly vulnerable position in terms of exposure to coronavirus due to the specifics of the regime of serving sentences, which implies a closed space and close contacts of persons located on the territory of the correctional institution. The introduction of restrictive measures regulated by the Government of the Russian Federation, specified by regulatory legal acts of the Federal penitentiary service of Russia and the chief state sanitary doctor of the Federal penitentiary service of Russia, provoked the need to address a number of issues that arise in the implementation of the system of measures for serving sentences in penal institutions. The above explains the relevance of research related to the study of problems and controversial provisions that determine the process of correcting convicts and preventing them from committing new crimes through the prism of implementing sanitary and anti-epidemic measures to prevent the spread of coronavirus infection.

scholarly journals Assessment of the growth potential of waste management industry in the Russian Federation

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Irina Rubleva ◽  
Igor Lopin ◽  
Alexey Gorelov ◽  
Alexander Kanunnikov
Keyword(s):  
Waste Management ◽  
Waste Disposal ◽  
Russian Federation ◽  
Negative Impact ◽  
Waste Utilization ◽  
Point Of View ◽  
Growth Potential ◽  
High Tech ◽  
The Russian Federation ◽  
The Government

Over the past several years, the reform of the waste management industry has been gaining momentum in the Russian Federation, in which a growing number of key players are involved. The active development of this industry is dictated not only by the necessity to maintain sustainable development, but also by a number of social, environmental, and economic factors. To confirm the prospects of the Russian waste management system, both from the point of view of private business and from the point of view of the government, the approximate capacity of the waste disposal market has been identified by the authors of the article. More than seven and a half billion tons of production and consumption waste is generated in Russia annually, and there is a steady upward trend in this indicator. The analysis of the waste management scenarios carried out in the article shows that in the meantime both landfilling and utilization account for an almost equal share of waste – about 50 %. At the same time, there are incentives for an annual increase in the share of waste sent for utilization. In the process of estimating the capacity of the waste disposal market, the average cost of disposal of one ton of waste in Russia has been pointed out. High capacity of the promising market for waste disposal in the Russian Federation anticipates an increase in demand for high-tech national equipment in the analyzed industry. The authors also revealed an opportunity for Russian enterprises to save large amounts of financial resources as a result of the transition from landfilling to waste utilization. The high growth potential of the national waste management industry, as well as ample opportunities for additional savings by reducing the cost of payments for negative impact on the environment, confirms the attractiveness of the waste management industry in the Russian Federation for the government, the citizens, waste-generating enterprises and companies producing waste utilization equipment and providing waste management services.

scholarly journals ТЕОРЕТИЧНІ АСПЕКТИ ФІНАНСОВИХ РЕСУРСІВ ПОЗАБЮДЖЕТНИХ ФОНДІВ

2020 ◽  
pp. 43-48
Author(s):  
Дмитро Васильович Колечков
Keyword(s):  
Russian Federation ◽  
Social Protection ◽  
Financial System ◽  
The State ◽  
Point Of View ◽  
Financial Resources ◽  
Public Finances ◽  
Historical Method ◽  
The Russian Federation ◽  
The Government

Formulation of the problem. Issues of environmental management, infrastructure of regional and municipal scale, development of trade and services, use of real estate, introduction of special forms of education, culture and health care can be implemented with the help of financial resources of the region. The work is devoted to theoretical aspects of financial resources of state extrabudgetary funds of the Russian Federation. The purpose of the article is to determine the importance and place of state extrabudgetary funds in the financial system, the main directions of optimization of state financial resources, their development in spatial aspect from the point of view of the functioning of territorial budgetary systems and federal extrabudgetary funds in the regions of the country. The object of the study is the financial resources of the state extrabudgetary funds of the Russian Federation. Methods used in the study. The methodological basis of the study is the system of scientific methods used in the complex to achieve the goal and solve the set tasks. The dialectical method had made it possible to justify causal relations in the operation of State budgetary systems. The historical method is applied in the study of historical experience of financing the social sphere. Popular scientific, systemic and logical methods have also been used to obtain research findings. The empirical basis was international conventions, legislative acts of the Russian Federation, reference literature. Statement of the main material. Public finances in the regions should be considered not only with regard to the budgetary sphere, but also the activities of state social extra -budgetary funds, their importance in education and spending of public finances. The functioning of State budgetary funds is based on the rele- vant legal acts of State authorities, where their activities are regulated, sources of education are established and rules for the use of financial resources are drawn up. One of the main priorities of the Government 's activities is the pension, social and medical sectors, which need significant expenditures. The systemic independence of the above-mentioned funds, their removal from the budgetary sphere, will ensure the smooth implementation of these expenditures. Research conclusions. The analysis of theoretical aspects of financial resources makes it possible to conclude that regardless of the interpretation of the concept of "financial system," state extrabudgetary funds are an independent link of the current financial system of Russia. The diversity of forms and sources of financing for social development and social protection programmes has determined the increased responsibility of the State in regulating these processes, the improvement of which should mean the implementation of a set of measures.

ON THE DISTINCTIONS OF CRIMINAL-LEGAL AND ADMINISTRATIVE-LEGAL ENFORCEMENT ACTIONS FOR VIOLATION OF THE SELF-ISOLATION REGIME IN THE CONDITIONS OF DANGER OF THE SPREAD OF CORONAVIRAL INFECTION IN THE RUSSIAN FEDERATION

2020 ◽  
pp. 35-41
Author(s):  
S. B. Syropyatova ◽  
◽  
L. N. Kabanova ◽  
P. A. Kabanov ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Self ◽  
False Information ◽  
Legal Enforcement ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures ◽  
Criminal Legislation

The paper considers the issues of differentiation of criminal and administrative penalties for violation of the regime of restrictions imposed by the government authorities of the Russian Federation, government authorities of the RF subjects to prevent the spread of coronaviral infection. The authors define restrictive measures as the rules of behavior when introducing a high-alert regime. The paper reveals the issues of regulation by the law of the main restrictions caused by the coronavirus spread in the territory of the Russian Federation. The authors define the parameters of restrictions on rights and freedoms, such as self-isolation, high-alert regime, quarantine, emergency, emergency state, as well as liability for violations of restrictive measures when imposing each of the regimes. The paper identifies the lack of sharply defined criteria to introduce one of the regimes as a reason for the lack of practice of applying criminal liability for non-compliance with the above requirements. The authors considered the issue of assigning an action to a criminal or administrative category and clarified the criteria for attribution. The types of violations (regime violations, dissemination of deliberately false information, business violations) that resulted in criminal penalties are defined. The authors considered the conditions for the application of criminal legislation and determined responsibility, depending on the application of a qualifying feature. The paper formulates the proposals for the application of criminal and administrative legislation: they should be distinguished depending on the current regime and not on the ensuring of consequences of its violation. That happens because currently, it is difficult to identify causal relationships due to the understudy of a new phenomenon – the spread of coronaviral infection. The authors consider the adopted amendments to the RF Criminal Code as the state’s activity to ensure the security of the nation.

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