scholarly journals Impact of atypical forms of employment on theoretical concepts of the labor relation (case study of the norms regulating distance labor)

2019 ◽  
pp. 108-117
Author(s):  
N. V. Chernykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Labor Relation ◽  
Legal Regulation ◽  
Theoretical Concepts ◽  
Domestic Science ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Distance Work

As the result of the active development of electronic (digital) technologies and the consequent change in the characteristics of labor as a social phenomenon the so-called atypical forms of employment emerged and spread. This trend is typical for both foreign countries and the Russian Federation. However, the lag in the legal regulation of atypical forms of employment in our country raises various problems of law enforcement. In turn, the need to understand the new properties of labor performed within the framework of atypical forms of employment, the analysis of the modification of classical features of labor relations developed by the domestic science of labor law represent the reason for the lack of the relevant legal regulation. The article attempts to trace such modification on the example of norms regulating distance work and enshrined in Chapter 49.1 of the Labor Code of the Russian Federation with due regard to the emerging practice of their application.

scholarly journals Modern perspectives of the criminal science on the normative regulation of migration processes (the case study of the legislation of the Russian Federation)

2021 ◽  
pp. 34-53
Author(s):  
Anastasiya Aleksandrovna Ageeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Subject Area ◽  
Theoretical Interpretation ◽  
Research Subject ◽  
Illegal Migration ◽  
The Russian Federation ◽  
Definition Of

The research object is the migration processes not only causing problems with law enforcement, connected with the investigation and solution of crimes committed by foreign citizens, but also require legislative and theoretical interpretation of particular provisions of legal acts. The research subject is the modern view of the criminal science on the legal regulation of migration processes (based on the case study of the legislation of the Russian Federation). Special attention is given to the purpose of the research which is the necessity to define and study the collision aspects in the field of migration legislation determining the need for the formation of a forensic technique of the investigation of crimes committed by foreign citizens. The author arrives at the following conclusions: the comprehensive analysis of the legal fundamentals of migration legislation helps to find out that practically each legal source contains the gaps not regulated by the legislation and requiring a detailed approach to the reconsideration, amending, or cancelation of the latter; no legal act contains the definition “illegal migration”; the proven lack of the category “migration safety” in the migration legislation, which is becoming more and more required year by year not only from the viewpoint of law enforcement, but in some collision aspects on the part of a legislator; the study of the sign of illegality in terms of its detection by means of a similar idea of an unresolved case. The special contribution of the author is the attempt to consider the author’s position on the category “crimes committed by foreign citizens” from the viewpoint of the criminal science. The author points at the importance and acceptance of the introduction of a new method - information frame modeling  which consists in in-depth development of particular structures, i.e. information is presented in basic standard processes and actions typical for a particular research subject area. The scientific novelty of the research consists in the author’s interpretation of the definition of “crimes committed by foreign citizens” and formulation of the categories of “migration safety”, “unresolved case” and “organization of illegal residency in the Russian Federation”.   

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Civil Process ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Assessment Of Evidence

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

Legal regulation of using and protection of forests according to the legislation of the Russian Federation and foreign countries

2016 ◽  
Author(s):  
Ol'ga Ternovaya ◽  
Natal'ya Semilyutina ◽  
Yuliya Shupletsova ◽  
Ol'ga Sakovich ◽  
Valeriy Shram ◽  
...  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation
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