New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

2020 ◽  
Vol 66 (5) ◽  
pp. 10-10
Author(s):  
L.I. Dezhurny ◽  
◽  
A.Yu. Zakurdaeva ◽  

The article examines organizational and legal problems related to state registration, production, procurement and use of medical devices for first aid. The study significance is accounted for by the need to find solutions to problems related to equipping first aid activities with medical devices, which is becoming extremely important for the modern Russian society. Moreover, a comprehensive study of these issues has not been undertaken so far. The purpose of the study is to develop a set of proposals of an organizational and legal nature to improve quality of medical devices for first aid and equipping all potential participants of first aid delivery with such devices. To eliminate the problem of low equipment of potential participants of first aid delivery with the means of delivery, the composition of first-aid kits, packs, sets, and packages for all categories of participants have to be approval by the Ministry of Health of the Russian Federation. The authors also propose organizational and legal measures to improve interdepartmental and intradepartmental cooperation in this direction with the Russian Ministry of Health playing the coordinating role. The authors have also identified the need for improving the procedure for state registration of the production of first aid devices either though amending the Federal Law "On the Basics of Public Health Protection in the Russian Federation" regarding the provision that first-aid kits, packs, sets, and packages equipped with medical devices registered in the prescribed manner are not subject to state registration. As an alternative, the authors propose amendments and additions to the Rules of the state registration of medical devices, providing for a simplified state registration of first-aid kits, packs, sets, and packages. In addition, the authors name arguments in favor of improving the clinical trial procedure for first aid medical devices and propose changes to Article 38 of the Federal Law “On the Basics of Public Health Protection in the Russian Federation” in terms of eliminating the problems of legal techniques in the definition of the term “medical device” regarding first aid. Keywords: First aid; first aid kits; first aid equipment; medical devices.


2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Defense of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, annually the government oversight(supervision) authorities, the bodies of municipal control in accordance with the procedure established by the Government of the Russian Federation, prepare reports on the eff ectiveness of their activities. At the same time, the legislator did not formulate the defi nition of “eff ective control (supervision)”, and effi ciency reports are based primarily on quantitative indicators (information on state (municipal) employees, the number of inspections, the size of fi nes, a list of violations detected and prosecuted persons, information on Judicial decisions, otherwise). The authors of the article, analyzing the normative legal acts, studied the practice of conducting inspections in the sphere of education of Moscow and other subjects of the Russian Federation, set forth a scientifi c view on the effi ciency of control and supervision activity, propose a model, as well as indicators for assessing the eff ectiveness of inspections in education.


Author(s):  
S. V. Gautier ◽  
S. M. Khomyakov

Aim. To carry out the analysis of enforcement of regulatory legal acts in transplantological practice, to specify the existing gaps and collisions in them, and to offer approaches for its elimination. Materials and methods. The legislation of the Russian Federation in the fi eld of donation and organ transplantation and(or) tissues (an information law system «Garant»). Archive of addresses to the chief transplantologist of the Russian Ministry of Healthcare concerning application of certain precepts of law in transplantology since 2009 till present. Results. Legislative and subordinate acts relating to the area of donation and organ transplantation and(or) tissues are studied; addresses to transplantologies regarding application of certain law precepts are analyzed. Conclusion. Legislative and subordinate acts in force in the fi eld of donation and organ transplantation and(or) tissues contain gaps and collisions which interfere with the work and development of the industry. With respect thereto, it is reasonable to make amendments eliminating legal defects to a number of regulatory legal acts: to the Federal law No. 323-FZ, to the Act of the Russian Federation No. 4180-I, to the Resolutions of the Government of the Russian Federation No. 291 and No. 294, to the Orders of the Ministry of Healthcare of the Russian Federation No. 567n, No. 307n/4, No. 355n. 


Author(s):  
A. I. Chuchaev ◽  
S. V. Malikov

The paper describes the existing in Russia regulatory legal responsibility for causing harm by a highly automated (unmanned) vehicle (BTS). The most significant documents currently include: Convention on Road Traffic; Road Safety Strategy in the Russian Federation; «Roadmap» to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technology Initiative for the «Avtonet». The main attention is given to the order of the Government of the Russian Federation, in which the first approaches to the regulation of the operation of highly automated vehicles are indicated, the actors responsible for the case of damage by the drone are highlighted. The principles of the functioning of the BTS and the degree of their autonomy are shown in general terms. The authors analyze the approaches in the domestic criminal law to the responsibility of persons managing BTS and the approaches developed in foreign countries in relation to the regulation of the operation of highly automated vehicles. The main approaches to the definition of a criminal law prohibition are indicated and the most important algorithms of criminalization of the considered act are highlighted. The structure of the federal law on the regulation of the use of vehicles equipped with an automatic control system in the territory of the Russian Federation is proposed.


2021 ◽  
pp. 32-36
Author(s):  
A.Yu. Zakurdaeva ◽  
◽  
L.I. Dezhurny ◽  
A.A. Kolodkin ◽  
◽  
...  

In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.


2018 ◽  
Vol 55 ◽  
pp. 03011
Author(s):  
Irena Robert ◽  
Viktor Polyakov ◽  
Oleg Kozlov

The article is devoted to the training of specialists in the field of information security of the personality of participants in the educational process. The theoretical and practical bases of training and promising directions of fundamental and applied scientific research in this field are substantiated and described. The work was carried out within the framework of the State task for the Program of Fundamental Scientific Research of the State Academies of Sciences for 2013-2020 (in the part of RAO) (approved by the Decree of the Government of the Russian Federation of December 3, 2012 No. 2237-r) within the theme “Development of the Informatization of Education in the Context information security of the person” (the state registration No 14.07.00.20.01.04).


2020 ◽  
Vol 5 (86) ◽  
pp. 154-159
Author(s):  
O.V. Sidorenko ◽  
◽  
◽  

Currently, the government of the Russian Federation has adopted a number of strategic planning documents containing measures aimed at the development of the grain-product subcomplex of the agro-industrial complex. In particular, the long term strategy for the Development of the grain complex of the Russian Federation until 2035 was approved. It is a strategic planning document in the grain sector that defines priorities, goals and objectives of public administration and food security, ways of their effective achievement and comprehensive solution. The target indicators of the long term strategy for the development of the grain complex of the Russian Federation until 2035 are: gross yield of grain and leguminous crops - 140 million tons, crop areas – 50 million hectares, domestic consumption – 86.2 million tons, grain export volume, including products of its processing – 55.9 million tons, capacity for simultaneous storage of grain and leguminous crops – 167.4 million tons. The federal project "Export of agricultural products" is being implemented within the framework of the national project "International cooperation and export", one of its goals s to achieve the volume of grain export (in value terms) in the amount of 11.4 billion US dollars by the end of 2024 by creating new commodity mass (including with higher value added), creation of export-oriented commodity distribution infrastructure, elimination of trade barriers (tariff and non-tariff) to ensure access of agricultural products to target markets and creation of a system for promoting and positioning agricultural products. The target indicators stated in the official documents necessitate the search for reserves to increase the efficiency of the grain subcomplex development, increase export of grain and its processing products.


2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.


Author(s):  
Положенцева ◽  
I. Polozhentseva ◽  
Артемьева ◽  
Svetlana Artemyeva ◽  
Шишов ◽  
...  

This article discusses the problems of efficiency of the existing system of teacher training, as well as changes of its content and the conditions for the development of a mechanism for its improvement based on Russian and foreign experience, taking into account the requirements of the federal target programme for the development of education in 2011–2015, Federal Law No. 273 of 29.12.2012 "on education in the Russian Federation", the modernization of pedagogical education, State program of the Russian Federation "Development of education" for 2013–2020 years" (approved by decree of the Government of the Russian Federation and other documents.


2018 ◽  
Vol 55 ◽  
pp. 03013 ◽  
Author(s):  
Sergey Neustroev ◽  
Yulia Fedorchuk ◽  
Anna Arinushkina

The results of the research on the deficiency of professional competencies in school principals with experience of up to 2 years and experienced managers of general education organizations are considered in accordance with the draft of the Professional Standard “Head of an Educational Organization”. The revealed dependencies show the main directions of professional development for the directors and justify the activation of work on the formation of the personnel reserve and preparation for the entry into office. Researches were conducted by the staff of the Institute of Education Management of RAO in 2017, heads of 24 Russian regions took part in the on-line survey. The work was carried out within the framework of the State task for the Program of Fundamental Scientific Research of the State Academies of Sciences for 2013-2020 (in the part of RAO) (approved by the Decree of the Government of the Russian Federation of December 3, 2012 No. 2237-r) on the theme: “Theoretical and methodological basis for professional development of managers in education system” (state registration № 27.9385.2017/8.9).


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