scholarly journals Social and legal guarantees of the rights of convicts according to the legislation of the Russian Federation

Author(s):  
Lyaysan Renatovna Mustafina ◽  
Gulnara Mullanurovna Khamitova ◽  
Gulnara Ildarovna Nafikova

The objective of the article is to examine the social and legal guarantees of the rights of convicts under the legislation of the Russian Federation. The socio-documentary method was used. The square of the subject lies in the development of a system of social protection of the population in prison institutions. After all, convicts, like other people, need social protection and social security from the state. Upon entering the prisons, they experience adaptation and have no idea of the existence of certain legal and legal social guarantees. Supporting a segment of the population as convicted requires social and legal guarantees, thus improving the conditions of their service in places of deprivation of liberty. Places of deprivation of liberty are counted, because social work aimed at supporting these categories of population, such as the elderly and mothers, adheres to places of deprivation of liberty, because social work is oriented precisely to these categories of population, where necessary, as well as to protect motherhood, fatherhood and children and , inmates, have much to contribute in these areas and social segments if they meet.

Legal Concept ◽  
2019 ◽  
pp. 90-96
Author(s):  
Tatyana Derkacheva

Introduction: social security is one of the most important elements of the social policy of the state. Many legal acts are adopted in the social security field. In order to ensure the uniform understanding and interpretation of the content of the normative legal acts in the social security field, their systematization as well as the practical application in the law enforcement process the regional legislators have codified the social security legislation in a number of subjects of the Russian Federation. Using the methods of scientific knowledge, especially the method of system analysis, it is found that the complexity of the problem involves the use of both the law-making and law-realization directions and forms of the legal adaptation of the current legislation of the state. The aim of the study is to conduct a comparative analysis of the social codes adopted in the subjects of the Russian Federation, to identify common approaches in the implementation of the law-making activities for the codification of the social security legislation. The system analysis of the law-making process on the codification of the social security legislation in the subjects of the Russian Federation allowed establishing that the adopted codes had significant differences in structure and content. However, having quite significant differences, the codes have a common property – each of them has one common characteristic – a special part of all adopted social codes is built on a categorical principle. Results: on the basis of the analysis some problems of the law-making activity of the regional legislators on the codification of the social legislation are revealed. Conclusions: 1) it is necessary to adopt a number of federal laws: a codified federal law defining the goals and objectives of the social legislation of the Russian Federation and the subjects of the Russian Federation, the federal law on the sources of law, on the delimitation of powers in law-making between the Russian Federation and its subjects; 2) to establish common principles for the country’s implementation of social security; 3) to develop a single conceptual framework that provides a single legal regime for regulating relations in the social security sphere; 4) to develop a model regional social code as a model for the regional legislators.


The correlation of social security law and environmental law with regard to the subject and method of regulation is investigated. It can be traced in the implementation of human rights to a decent life and free development guaranteed by Art. 7 of the Constitution of the Russian Federation. It was revealed that one of the common elements in the subject of legal regulation of the considered branches of law is protection of the health of citizens. Among the measures of protection of human health is the elimination of the harmful effects of environmental factors. The social security law regulates public relations to preserve the health of citizens in terms of providing them with free medical care, and the environmental law protects human health by maintaining a favorable environment. In the social security law, an imperative method of legal regulation is used due to the specifics of the legal status of the subjects (the absence of equality and subordination between them). In environmental law, both the imperative and the dispositive methods of legal regulation are used. The authors emphasize that the need for interaction between the considered branches of law becomes especially relevant when implementing state policy in the field of protecting the health of citizens in order to bridge the gap between the health indicators of the population of Russia and economically developed countries. In strategic plans, the task of enhancing the role of human capital as the main factor in economic development is brought to the forefront. To achieve this goal, it is necessary to improve the living conditions of Russian citizens and maintain a favorable environment. At the same time, the authors draw attention to a number of problems that complicate the preservation of the health of citizens in the Russian Federation, and offer some social protection measures in order to mitigate the negative effects on the health of citizens if they live in ecologically unfavorable territories.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

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”.


2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.


Author(s):  
Олег Игоревич Денисенко ◽  
Оганнес Давитович Мкртчян

В связи с увеличением числа преступлений террористической направленности разрешения требуют вопросы, связанные с обеспечением объектов (территорий) УИС инструментами антитеррористической защищенности, к которым можно отнести такие, как проведение организационно-практических мероприятий антитеррористической защиты объектов УИС, наличие соответствующей документации и ответственного должностного лица, выполнение режимных требований на объектах УИС в соответствии с законодательством РФ, а также обеспечение контроля за количественными и качественными характеристиками эксплуатируемых инженерно-технических средств охраны и надзора. Актуальность проводимого исследования обусловлена необходимостью качественной реализации в правоприменительной практике совокупности требований обеспечения мероприятий по обеспечению антитеррористической защищенности объектов (территорий) УИС с целью защиты прав и интересов всех субъектов уголовно-исполнительной системы от террористического посягательства. Авторами выявляются проблемы правового и организационного уровня при оценке состояния антитеррористической защищенности объектов УИС: формализм при проведении обследований, недостаточный уровень оснащенности объектов УИС инженерно-техническими средствами охраны и надзора, а также финансирования для удовлетворения нужд объектов УИС в части обеспечения антитеррористической защищенности. Помимо прочего упоминаются такие проблемы, как отсутствие унифицированных принципов организации деятельности комплексных комиссионных обследований, разработанных с учетом современных правоприменительных норм и запросов практики, а также обосновывается необходимость повышения компетентности сотрудников ФСИН России при проведении комплексных комиссионных обследований. In connection with the increase in the number of terrorist crimes, the resolution requires issues related to the provision of facilities (territories) of the penal system with anti-terrorist security tools, which include such as the implementation of organizational and practical measures for the anti-terrorist protection of the penal system, the availability of appropriate documentation and a responsible official, the implementation of regime requirements at the facilities of the penal system in accordance with the legislation of the Russian Federation, as well as ensuring control over the quantitative and qualitative characteristics of the operating engineering and technical means of protection and supervision. The relevance of the study is due to the fact that in law enforcement practice, a high-quality implementation of the set of requirements for ensuring the anti-terrorist protection of objects (territories) of the penal system is required so that the rights and interests of all subjects of the penal system in terms of protection from terrorist encroachment are observed. The authors identify the problems of the legal and organizational level when assessing the state of anti-terrorist security of penal facilities: formalism in conducting surveys, insufficient equipment of penal facilities with engineering and technical means of protection and supervision, as well as the level of funding to meet the needs of penal facilities in terms of ensuring anti-terrorist protection. Among other things, such problems as the lack of unified principles for organizing the activities of complex commission surveys, developed taking into account modern law enforcement norms and practice requests, are mentioned, as well as the need to improve the competence of employees of the Federal Penitentiary Service of Russia when conducting comprehensive commission surveys is substantiated.


Author(s):  
Rinat Mikhailovich Karimov

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 


Author(s):  
Oleh Dzoba ◽  
Nataliia Stavnycha

Summary the article has analyzed the existing scientific and methodological approaches to assessing the level of social security of the state. It was revealed that they differ because: scientists include various components that form social security; they use various indicators and calculation methods; have various aspects of both generalization and practical direction. It was revealed that most often the components of social security include: safety of life, health, social protection and aspects of social and labor relations. The methods that are most often used in calculating the level of social security were considered. It was proved that in assessment, the selection of indicators that pose a threat, is the difficult task. It was revealed that there is no legally approved methodology for assessing the social security of the state. The use of various social security assessment methodologies was analyzed. Emphasis was placed on the selection of indicators used in these techniques. It was concluded that for assessing the social security of the state, an integral indicator is used most often. At the same time, scientists prefer their own set of indicators. The author’s definition of «social security» was presented, which allowed the formation of four components of the state’s social security (life, poverty, health and education). It was established that the choice of indicators for assessing the social security of the state should cover a retrospective period and should be based on both reporting and calculated data. A hierarchical model of an integral indicator of state social security was proposed. There was defined a set of indicators for each of proposed component. The following algorithm has been proposed for assessing the integral indicator of state social security: the formation of the components of social security and the definition of indicative indicators for each of the components; formation of a database; determination of an integral indicator; determining the influence of each component on the change in the integral indicator; interpretation of indicators; determining the sustainability of hazardous trends.


2020 ◽  
pp. 95-106
Author(s):  
Halyna KULYNA ◽  
Nataliya NALUKOVA

Introduction. In the conditions of digital society formation, the informatization of the social security sphere is a necessary component and guarantee of successful implementation of social policy aimed at quality and timely satisfaction of citizens' needs. Therefore, a prerequisite for the effective functioning of social protection and public service authorities is the development and technical innovation of social services and channels for their implementation through automated information systems, should be consistent with the innovation strategy of development of the social sphere as a composite digital economy of the state. Purpose is to substantiate the expediency of application of the newest digital technologies in the sphere of social security and novelization of social services on this basis, as well as to reveal features and advantages of social protection of the population through automated information systems and channels of their implementation. Results. The necessity and role of informatization in the modern digital society and the main challenges that lead to its implementation in the field of social security have been substantiated. The key automated information systems, which contribute to the construction of a common information space of the social sphere and allow to increase social protection of the population in domestic conditions, as well as the emergence of a new service-oriented social service with a wide range of information and communication services, have been analyzed. The necessity of training and retraining of highly qualified creative specialists of new specialties was noted and generalized principles of systems of skills development in the conditions of informatization, which are important in the selection of social workers, were defined. Conclusions. Social protection and social welfare institutions, when formulating their own strategies, should consider the information and communications technology vector of development as an essential means of improving their functioning, since this will determine the effectiveness of social policy implementation in the State and the level of satisfaction of citizens with social services. The results of informatization of social processes are manifested in the implementation of automated information systems and the construction of a single unified information space of social security, the development of new service products, electronic filing of documentation and simplification of procedures for obtaining social security, transparency of social security and, as a result, successful social policy.


2020 ◽  
pp. 12-23
Author(s):  
Y. A. Kulikova ◽  
A. V. Kornienko ◽  
G. V. Jukevich

The article deals with issues related to the problem of vocational rehabilitation of disabled people. The competence of the Russian Federation in the fi eld of rehabilitation of disabled persons in the person of its Federal authorities and management, subjects of the Russian Federation and local self-government bodies is specifi ed. The content of such concepts as "services for professional rehabilitation of disabled people" in accordance with the state standard GOST R 53873-2010 Rehabilitation of disabled people is disclosed. Professional rehabilitation services for the disabled; "professional rehabilitation program" and "options for professional rehabilitation". Despite the fact that professional rehabilitation and adaptation in the workplace is an integral part of the state policy in the fi eld of social protection of persons with disabilities, there are many unresolved problems and diffi culties in this area.


Author(s):  
Iu. K. Tsaregradskaya

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.


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