scholarly journals Features of the legal regulation of the use of biometric personal data

2021 ◽  
Vol 7 (4) ◽  
pp. 27-32
Author(s):  
Daria A. Petrova ◽  
Nikita R. Martianov
Keyword(s):  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The State ◽  
Legal Basis ◽  
Biometric System ◽  
Federal Law ◽  
Federal Register ◽  
The Russian Federation ◽  
The Creation

In this paper, the authors highlight the legal basis for the use of biometric personal data, and also pay attention to the main initiative of the state in this area: the creation of a unified biometric system. The study is particularly relevant in connection with the release of the new Federal law No. 168-FZ on June 8, 2020: On the unified Federal information register containing information about the population of the Russian Federation. In particular, an acute problem is the ability to integrate information from the unified biometric system and the Federal register that is being created.

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.

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

SUSPENSION OF CERTAIN PROVISIONS OF THE BUDGET CODE OF THE RUSSIAN FEDERATION AS A TOOL OF PUBLIC FINANCE MANAGEMENT: A THEORETICAL ANALYSIS

2018 ◽  
pp. 61-67
Author(s):  
Anna Vladimirovna Savina
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
Theoretical Evaluation ◽  
Theoretical Understanding ◽  
Finance Management ◽  
Tax Legislation ◽  
The Russian Federation ◽  
Budget System

The questions of application of measures of the state influence on processes of formation of the income of the budgets connected with need of expansion of legal terms in separate powers of the Russian Federation, subjects of the Russian Federation and municipalities are considered. The concept of budget income is analyzed, attention is paid to the theoretical understanding of regulatory income. Comprehend the process of suspending certain provisions of the budget legislation, given a theoretical evaluation of the legal terms in the aspect of budgetary-legal regulation. Illustrates the direction of income growth associated with changes in budget and tax legislation, as well as not related to its changes. Attention is paid to the principle of balance of budgets of the budget system of the Russian Federation, the observance of which is able to ensure the effectiveness of the formation, distribution and use of budgetary funds. The main aspirations of the state to balance the budgets of all levels of the budget system to create a mechanism to improve the efficiency of the budget system are considered. It is stated that the achievement of this goal is directly related to the change in the federal law “on the suspension of certain provisions of the budget code of the Russian Federation” legal terms through the adoption of legal acts at the federal level, the level of the subject of the Russian Federation and the municipality.

scholarly journals To a question on the structure of the institute of legal responsibility of the state

2017 ◽  
Vol 5 (1) ◽  
pp. 1-8
Author(s):  
Вера Романова
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Federal Republic Of Germany ◽  
Federal Law ◽  
Civil Responsibility ◽  
History Of ◽  
The Russian Federation

The article analyzes the structure of the legal responsibility institute of the state. The article reveals the peculiarities of legal regulation of constitutional, civil and international legal responsibility of the state. The features of the subinstitute of constitutional responsibility of the State, which aims to ensure the inviolability of the principles of democracy and supremacy of the Constitution, as well as to protect the rights and freedoms of man and citizen are being shown. The author analyzed foreign experience of legal regulation of the legal responsibility of the state. The history of the formation and functioning of the procedure for impeachment of the Institute in the following countries: United States, United Kingdom, Denmark, Norway and the Federal Republic of Germany are expounded. Also considered are the basics of civil responsibility of the state. According to para. 2, Art. 8 of the Constitution of the Russian Federation in the Russian Federation it is recognized and protected equally private, state, municipal and other forms of property. Equal protection of all forms of property means, in particular, establishing the inadmissibility of any exception regarding the property responsibility for individual subjects, including the state. On this basis, we analyzed the concept of functional and absolute immunity of foreign states. The main provisions of both international law and the Federal Law of 11.03.2015, № 297-FZ "On the jurisdictional immunities of foreign States and property of a foreign state in the Russian Federation." are reviewed. The features of subinstitute of international legal responsibility of the state are investigated. It is generally known that one of the fundamental principles of contemporary international law is sovereignty. However, this principle does not indicate a lack of interaction and interdependence of the state, since no state can exist and develop in isolation from the world community. The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «A comprehensive, interdisciplinary institute of legal responsibility: the concept, structure, relationships and place in the legal system".

Lighting Products Problems of Technical and Legal Regulation of Energy Saving and Energy Efficiency

2018 ◽  
pp. 93-98 ◽  
Author(s):  
Anna A. Bakulina ◽  
Dmitry V. Karpukhin ◽  
Marina A. Lapina
Keyword(s):  
Energy Efficiency ◽  
Energy Saving ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
Federal Law ◽  
Technical Regulation ◽  
The Russian Federation ◽  
The Creation ◽  
The Government

One of the key problems in the state of the Russian energy sector is the creation of effective energy­saving technologies for both organizations and ordinary consumers. The forecast of scientific and technological development of the Russian Federation for the period until 2030, approved by the Government of the Russian Federation, mentions low volumes of energy saving in the sphere of final consumption as one of the threats to Russia’s economic development. In 2009, the Federal Law No. 261­FZ “On Energy Saving and Increasing Energy Efficiency” was adopted. The corresponding Resolution of the Government of the Russian Federation No. 961 of September 20, 2014 prescribes the creation of a database on the most effective technologies used in apartment houses, administrative and public buildings. Federal Law No. 184­FZ of December 27, 2002 (as amended on July 29, 2017) “On Technical Regulation” establishes an imperative order, according to which technical and legal regulation in the field of application of energy efficiency requirements, requirements for lighting devices, electric lamps, used for lighting purposes, should be implemented at the level of the federal law approving the relevant normative legal act. However, as of today this federal law has not been adopted. The technical and legal regulation of lighting products is carried out fragmentarily, at the level of national standards. The adoption of a federal law that establishes a technical regulation for lighting products will effectively respond to the challenge outlined in Presidential Decree No. 208 of May 13, 2017 “On the Strategy for Economic Security of the Russian Federation for the Period until 2030” regarding the development of energy­saving technologies and reducing the material consumption.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

scholarly journals SOME DIRECTIONS OF IMPROVEMENT OF NORMATIVE LEGAL REGULATION OF THE STATE ANTI-CORRUPTION POLICY TAKING INTO ACCOUNT REQUIREMENTS OF INTERNATIONAL ANTI-CORRUPTION TREATIES

2017 ◽  
Vol 3 (4) ◽  
pp. 15-23
Author(s):  
Валентин Михайлов ◽  
Valentin Mikhaylov
Keyword(s):  
Social Control ◽  
Russian Federation ◽  
Criminal Law ◽  
Political Development ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation ◽  
International Conventions

The article describes the main elements of state policy in the sphere of anti-corruption as a system of measures of social control over corruption. It is noted that the norms on combating corruption, the formation of which is attributed to the competence of the Russian Federation, are contained in more than 50 regulatory legal acts of the Russian Federation. The anti-corruption legislation of the Russian Federation is constantly being improved and becoming more integral. In particular, the basis of the implementation of the state anti-corruption policy is the “outstripping” model of legal regulation, taking into account the direction of corruption crime. In addition, the state anti-corruption policy, taking into account the requirements of international anti-corruption treaties, is aimed at the consistent implementation of the provisions of international conventions. The article shows the tendency of increasing importance of targeted state-legal counteraction to corruption at the international and national levels. The necessity of using the preventive anti-corruption potential provided by the legislation of the Russian Federation is substantiated. In order to improve the system of social control, it is proposed to systematize, streamline the legal norms regulating various aspects of anti-corruption and reflect them in a new version of the Federal Law “On Combating Corruption”. Also systemic measures are required to stabilize the socio-economic and political development of the state while continuing to adopt effective anti-corruption practices. The issue of criminalizing the promise and offering of commercial bribery and bribes as completed crimes is considered. The conclusion is drawn that it should not be about adjusting certain existing provisions of the criminal law, but about a comprehensive change in legislation and the formation of good practices for its application.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

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”.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

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