scholarly journals The Problem of Responsibility for Impacts and Prevention of Family (Home) Violence: The Administrative and Legal Aspect

2021 ◽  
Vol 4 ◽  
pp. 51-53
Author(s):  
Nonna Yu. Volosova ◽  
◽  
Valentina I. Balovneva ◽  
Keyword(s):  
Domestic Violence ◽  
Russian Federation ◽  
Legal Aspect ◽  
Restraining Order ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Family Home ◽  
Administrative Responsibility

The article raises the issue of administrative responsibility for family (domestic) violence. The authors suggest that within the framework of administrative legislation, the court should be able to issue a restraining order to the victim, as well as more effectively apply re-socialization measures against persons brought to justice under Article 6.1.1 of the Code of the Russian Federation on Administrative Offences. This, as the authors believe, can partly solve the problem of preventing family (domestic) violence.

scholarly journals On the possibility of replacing administrative fine with another type of administrative penalty

2021 ◽  
pp. 42-47
Author(s):  
Dmitrii Novgorodov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Administrative Legislation ◽  
The Social ◽  
Natural Response ◽  
The Russian Federation ◽  
Low Efficiency ◽  
Administrative Penalty ◽  
Desirable Effect ◽  
Administrative Responsibility

The object of this research is the social relations arising with regards to bringing to administrative responsibility and imposition of administrative penalties in the form of administrative fine on the persons who have committed administrative offenses. The subject of this research is the current administrative legislation of the Russian Federation that regulates the procedure for bringing the offenders to administrative responsibility, as well as the materials of judicial statistics and practice on imposition of administrative penalties in the form of fines. Analysis is conducted on the amendments in administrative legislation that took place in recent years. The author compares the judicial statistics for the period from 2015 to 2019. The novelty consists in the fact that having analyzed the amendments in administrative legislation and judicial statistics, the author concludes that the practice of bringing the offenders to administrative responsibility testifies to the lack of effectiveness of the taken measures. The growing number of offenses indicates that administrative responsibility does not achieve the goals set by the Part 1 of the Article 3.1 of the Code of the Russian Federation on Administrative Offenses. The natural response of the legislator to low efficiency consists in increasing the size of administrative penalties and application of stricter sanctions, but it won’t produce the desirable effect. Therefore, the author offers to develop and adopt a new procedure for replacing one type of administrative penalty with another.

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.

Features of The Proceedings on Administrative Offenses Initiated for Violation of Fire Safety Requirements

2019 ◽  
pp. 100-104
Author(s):  
A. K. Sabirova
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
Federal State ◽  
Safety Requirements ◽  
Administrative Legislation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Made In

The article is devoted to the analysis of the features of administrative proceedings instituted for violations of fire safety requirements, including important changes made in the relevant area of the administrative legislation of the Russian Federation, as well as the analysis of the legislative possibility of applying administrative punishment in the form of administrative suspension of activities for non-compliance with the requirements of the federal state firefighters oversight (including named changes).

scholarly journals Right to life and possible interference in its implementation: Constitutional and legal aspect

2021 ◽  
Vol 21 (4) ◽  
pp. 453-457
Author(s):  
Marina L. Voronkova ◽  
Keyword(s):  
Death Penalty ◽  
Russian Federation ◽  
Legal Aspect ◽  
The State ◽  
Human Embryos ◽  
Right To Life ◽  
Legal Method ◽  
The World ◽  
The Russian Federation ◽  
The Right

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

scholarly journals Digital Technologies in Ensuring the Protection of the Population and Territories of the Russian Federation from Natural and Man-Made Emergencies: Legal Aspect

2021 ◽  
Vol 93 ◽  
pp. 02022
Author(s):  
Natalia Vedysheva ◽  
Мaria Mukhlynina ◽  
Olga Efimova ◽  
Andrey Nikiforov
Keyword(s):  
Sustainable Development ◽  
Russian Federation ◽  
Sustainable Management ◽  
Sustainable Development Goals ◽  
Legal Aspect ◽  
Mass Communications ◽  
Digital Development ◽  
Development Goals ◽  
The Russian Federation ◽  
Development Communications

The problem of sustainable management of digitalization of the environmental and technosphere security system at the legal and organizational levels both in the Russian Federation and in the world is now coming to the fore and requires immediate solutions. After analyzing strategic planning documents and other normative legal acts, the authors of the article attempt to consider current legal problems in the field under study in the aspect of digitalization, which ensures environmental and technosphere security of Russia, and implements the UN sustainable development goals in the environmental direction. The authors suggest that a successful economic policy aimed at achieving the UN sustainable development goals in the field of ensuring the safety of cities and human settlements is impossible without the introduction of science-based methodologies and tools for accounting for losses from disasters, improving modeling, assessment, monitoring of disaster risk, etc. In conclusion, a number of conclusions are drawn about the legal acts adopted in the Russian Federation and the organizational measures being implemented to help solve various problems related to the implementation of interdepartmental integrated systems of RSChS with the participation of the Ministry of digital development, communications and mass communications of Russia, etc.

scholarly journals The Establishment and Development of Administrative Liability for Offenses Related to Land Relations in the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 67-69
Author(s):  
Vera V. Zinovyeva ◽  
Keyword(s):  
Russian Federation ◽  
Land Relations ◽  
The Russian Federation ◽  
The Relationship ◽  
Historical Periods ◽  
Administrative Responsibility

The article examines the concept and essence of administrative responsibility for offenses in the field of land relations in the Russian Federation, identifies the main historical periods of the formation and development of administrative responsibility for the offenses in our country, explores the relationship between the concepts of «land offense» and «offense in the field of protection and use lands».

scholarly journals THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)

2017 ◽  
Vol 3 (3) ◽  
pp. 93-98
Author(s):  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Russian Federation ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
Republic Of China ◽  
Legislative Procedures ◽  
Legal Space ◽  
The Russian Federation ◽  
Financial Monitoring ◽  
Monitoring Service

The article considers the actual issues of combating corruption in the Russian Federation and People’s Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of innerparty character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.

scholarly journals Failure by Parents or Other Legal Representatives of Minors to Fulfill Their Obligations to Teach the Latter the Traffic Rules, to Foster a Responsible Attitude to Their Compliance, Expressed in the Admission of Driving Vehicles by Minors Who Do Not Have This Right, Which Caused Serious Consequences Due to Negligence

2020 ◽  
pp. 57-61
Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny
Keyword(s):  
Russian Federation ◽  
Motor Vehicle ◽  
Criminal Liability ◽  
Motor Vehicles ◽  
Administrative Punishment ◽  
Responsible Attitude ◽  
The Russian Federation ◽  
The Right ◽  
Traffic Rules ◽  
Administrative Responsibility

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.

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