Federal Legislation Research Articles

Static and dynamic predictors of forensic mental health decision-making.

In Canada, individuals found not criminally responsible on account of mental disorder (NCR) fall under the supervision of a jurisdictional review board (RB) per the Criminal Code. Limited research has examined whether RB decisions balance the needs of public safety with social reintegration as intended by federal legislation. To fill this gap, the present study determined whether forensic decisional outcomes in one provincial RB system accounted for information relevant to violence risk. Study instruments included the Level of Service/Case Management Inventory (LS/CMI), Historical Clinical Risk Management-20 Version 3, and the Revised Violence Risk Appraisal Guide. A retrospective longitudinal design was employed to examine an NCR cohort (N = 109) that entered the RB system between 2005 and 2010 and their respective RB hearings (N = 327) until 2015. Results indicated that risk-relevant information was supplied to the RB by forensic professionals; however, key criminogenic risk and need factors as defined by the LS/CMI were absent in clinical reports. RB decisions were still strongly predicted by empirically supported risk factors linked to violent recidivism. Higher release likelihoods corresponded to a proportionally greater reliance on dynamic risk factors to enact dispositions. Forensic risk instruments are central aspects of correctional rehabilitation, and the results demonstrated their relevance to forensic tribunals. It is recommended that information from a forensic risk instrument be routinely delivered to RBs to support evidence-based decision-making. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

ANALYSIS OF FEATURES OF MEDICATION SUPPLY STRUCTURE IN THE RUSSIAN FEDERATION AT THE REGIONAL LEVEL

The changing trade procedures within the healthcare system aim to improve the procurement mechanisms for medical products (MP), means of supplier identification, ways to reduce contract prices, and informational foundation for contracting. Research on the efficiency of MP procurement systems in the federal subjects of the Russian Federation and legislative acts applied to them is especially relevant today. This work aims to compare structural differences in contract-regulated MP procurement systems in the Republic of Bashkortostan (RB). The official website www.zakupki.gov.ru provides data on volumes and structure of MP supply in medical and pharmaceutical organizations of the RB. This paper contains the indexes of supplier and consumer rotation in the RB trade in 2013 and 2017 and a comparative analysis of tenders according to the form of order placement. The authors calculated the efficiency gains of signed contracts and conducted a comparative analysis of the examined tenders in the MP procurement system according to federal legislation (federal laws). The work undertaken allowed the authors to determine development tendencies in the competition among MP suppliers, identify the structural specificity of the MP tenders, and demonstrate their efficiency. The authors present conclusions drawn based on the comparative analysis and provide recommendations on the improvement of MP procurement in the RB. They identify the high potential of the republic to implement digital public auctions as a form of an MP procurement mechanism in accordance with Federal Law No. 223-FZ.

ОБ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ ПРАВИЛ ПАРКОВКИ ПО ЗАКОНАМ СУБЪЕКТОВ РОССИЙСКОЙ ФЕДЕРАЦИИ

The article covers issues of administrative liability for violation of parking rules in accordance with the legislation of the constituent entities of the Russian Federation, examines the legislative framework in this area, as well as specific measures of administrative liability applied to offenders. Federal and regional legislation on administrative offenses is analyzed. Recommendations are offered for the implementation of the legislation of the constituent entities of the Russian Federation on administrative offenses.

Race, gender, and cohort differences in the educational experiences of Black and White Americans.

Federal legislation and judicial intervention led to significant transformation in the U.S. education system during the early to mid-20th century. These changes may differentiate older adults in their experiences of aging, particularly at the intersection of race, gender, and cohort, but are not well documented among current cohorts of older adults. Our study addresses this gap by providing rich, descriptive information on the educational experiences of U.S. adults who attended primary or secondary school between 1915 and 1977. We used data from the Health and Retirement Study (HRS), a nationally representative, prospective study of U.S. adults over age 50 years. The HRS collected information on respondents' schooling history and experiences through a Life History Mail Survey (LHMS). We restricted our sample to age-eligible HRS-LHMS respondents who self-identified as non-Hispanic White or non-Hispanic Black and completed at least 75% of their primary or secondary schooling in the U.S. (n=10,632). Educational experiences, defined as pre-k to post-secondary education, varied across cohort, regardless of race or gender. Greater course offerings, improvements in learning support, and increasing exposure to integrated schools occurred across successive cohorts. We found the highest rates of enrollment in college preparatory curriculum and foreign-language courses as well as diagnosed learning differences in cohorts born after 1948. Among White adults, many of the gender differences in educational experiences documented in the oldest cohort were still found among the most recent cohort. Few gender differences, however, were found for Black adults regardless of cohort. Conversely, most race inequities in educational experiences persisted. Such inequities may be an important source of continued differences in experiences of aging observed across demographic groups.

Pandemic‐era changes to medicaid enrollment and funding: Implications for future policy and research

AbstractThe COVID‐19 public health emergency led to federal legislation that changed the landscape of Medicaid coverage for low‐income people in the United States. Policy responses led to a surge in Medicaid caseloads due to new rules preventing Medicaid disenrollment, and total Medicaid enrollment increased more from 2020 to 2023 than the net increase in insurance coverage from 2013 to 2017 following the Affordable Care Act's implementation. It is crucial for scholars and practitioners to understand the implications of this continuous coverage policy and its 2023–2024 unwinding. This paper provides an overview of Medicaid enrollment, renewal, and funding policies, highlighting how policy changed during and immediately following the acute phase of the pandemic; describes enrollment increases and their composition; reviews relevant literature; and identifies key areas for research. By examining this unprecedented period in Medicaid, we can inform future policy decisions and optimize safety net programs to be effective under a broad set of circumstances.

Medicaid and the Children's Health Insurance Program: Optimization to Promote Equity in Child and Young Adult Health.

The American Academy of Pediatrics envisions a child and adolescent health care system that provides individualized, family-centered, equitable, and comprehensive care that integrates with community resources to help each child and family achieve optimal growth, development, and well-being. All infants, children, adolescents, and young adults should have access to this system. Medicaid and the Children's Health Insurance Program (CHIP) provide critical support and foundation for this vision. Together, the programs currently serve about half of all children, many of whom are members of racial and ethnic minoritized populations or have complex medical conditions. Medicaid and CHIP have greatly improved the health and well-being of US infants, children, adolescents, and young adults. This statement reviews key program aspects and proposes both program reforms and enhancements to support a higher-quality, more comprehensive, family-oriented, and equitable system of care that increases access to services, reduces disparities, and improves health outcomes into adulthood. This statement recommends foundational changes in Medicaid and CHIP that can improve child health, achieve greater equity in health and health care, further dismantle structural racism within the programs, and reduce major state-by-state variations. The recommendations focus on (1) eligibility and duration of coverage; (2) standardization of covered services and quality of care; and (3) program financing and payment. In addition to proposed foundational changes in the Medicaid and CHIP program structure, the statement indicates stepwise, coordinated actions that regulation from the Centers for Medicare and Medicaid Services or federal legislation can accomplish in the shorter term. A separate technical report will address the origins and intents of the Medicaid and CHIP programs; the current state of the program including variations across states and payment structures; Medicaid for special populations; program innovations and waivers; and special Medicaid coverage and initiatives.

Understanding period poverty and stigma: Highlighting the need for improved public health initiatives and provider awareness

Period poverty affects millions of people who menstruate, but there is limited research to fully understand the scope and impact. Societal stigmas and cultural taboos negatively affect menstruation, a natural, biologic process. When unable to afford or find appropriate menstrual products, individuals may resort to alternative, poorer quality items, which increase their risk of infections. In addition, lack of products may cause individuals to miss events and have negative emotions. Implicit sexism and gender inequality are notable through the high cost of essential period products. Uncomfortable environments prevent patients from openly discussing menstruation with health care providers, who may lack training to competently assess needs and address barriers. Period poverty is a public health issue that not only needs to be addressed by our health care providers but also through increased education in schools and changes in local and federal legislation. In this paper, we discuss the financial, physical, and mental health impacts of period poverty and describe our experience creating a period pantry at a free medical clinic.

Пенсионное страхование как институт социальной защиты населения: состояние, проблемы и перспективы

The article examines the function of pension insurance in the social security system of Russian Federation. The purpose of the article is to determine whether the insurance system is capable of performing its social and economic objectives. The research is based on the analysis of the Russian Federation legislation and scientific works of Russian authors on the development and performance problems of the pension insurance system in Russia. The article studies the main legal provisions of compulsory and voluntary pension insurance in the Russian Federation, examines the main aspects of the compulsory and voluntary pension insurance performance, identifies problem areas, analyzes the dynamics of the earnings replacement rate, considers the factors that negatively impact the interest of citizens in voluntary pension insurance. The author comes to the conclusion that the best option for the development of pension insurance is the joint use of voluntary and compulsory forms of pension insurance.

Making Voltaires out of Bureaucrats? Revisiting the Policy of Counter-Enlightenment

The article discusses the legal and regulatory aspects of enlightenment activities within the context of the socio-cultural objectives of contemporary Russian educational policy. The author examines social and education-policy factors that underscore the need for extensive enlightenment efforts in the country. One of these factors is the increasing pragmatization of attitudes towards knowledge, leading to a decline in the cultural literacy of the population. Among the manifestations of this issue is the undervaluation of the importance of fostering a well-rounded cultural identity, giving precedence to a “competency-based approach.” Educational standards are geared towards skill and ability development while minimizing the significance of general education subjects. The author also highlights the challenges associated with the growing impact of information technology on the intellectual development of society. These factors necessitate the development of federal legislation to support enlightenment in Russia. However, the existing legal and regulatory framework for enlightenment activities contradicts the values of Russian society and the traditions of domestic enlightenment, effectively turning government bureaucrats into the primary enlighteners. The author analyzes specific legislative clauses that establish cumbersome bureaucratic procedures, which essentially make free enlightenment impossible. Government agencies are burdened with overwhelming responsibilities to monitor enlightenment activities. The dangers of involving citizens in oversight of enlightenment efforts are emphasized, as this poses risks of reviving a culture of denunciation. Enlightenment in Russia requires state support, not artificial constraints. The author substantiates the thesis that enlightenment activities should focus on personal development, not merely on training specific competencies.

"Caregiving Youth" and the Patchwork History of Recognition in the United States.

This article examines the U.S. legislative and policy landscape and its historical and contemporary recognition of young people as caregivers and their importance to public health, both as care providers and as a category of special concern for overall wellbeing. Drawing on feminist geographies of health to situate a historical analysis, we aim to answer two key questions: First, what is the history of recognition of caregiving youth in key moments of federal action to address family caregiving needs? Second, how might we use this history to better understand and analyze the patchwork geography of caregiving youth recognition in the U.S. and other countries that similarly lack formal national policy recognition to improve and enhance public health? We use the term patchwork to describe how federal recognition of caregiving youth in broader debates about public health is uneven across both time and space, and contingent upon civil society, non-profit organizations, and researchers working in and with geographically bound communities. Our results illustrate how a focus on the relationships of recognition, both in the past and the present and at local and national scales, reveals a different perspective on caregiving youth in the U.S. with a much more complex history than previously identified. The article describes how relationships established in the absence of federal policy or legislation are sometimes directed towards building more formal recognition, and other times with the goal of changing practices in a specific location.

ADMISSION TO THE RUSSIAN FEDERATION AND THE FORMATION OF THE DONETSK PEOPLE'S REPUBLIC AND THE LUHANSK PEOPLE'S REPUBLIC WITHIN IT: CHARACTERISTIC FEATURES OF LEGAL AND INSTITUTIONAL INTEGRATION

On the basis of the new constitutions of the DPR and LPR and federal legislation, the characteristicfeatures of the legal and institutional integration of these territories with the Russian Federation areidentified and disclosed. These features include the reflection in the new constitutions of the DPR and LPRof the socio-political situation and the transitional nature of their statehood; the specifics of the content incomparison with other subjects of the Russian Federation in matters of the organization and activities of public authorities in the newly united territories; features of the relationship between individual federal andrepublican state authorities proper

Актуальные правовые проблемы общественного контроля в сфере охраны окружающей среды

Public participation in environmental protection is a prerequisite for effective environmental policy. Environmental legislation provides for public environmental control. The analysis of federal environmental legislation shows that there are a number of legal problems in the field of public environmental control that need to be eliminated. The main problem is the lack of a unified approach and the need to unify the models of legal regulation of public environmental control in various acts of environmental legislation, which generates legal uncertainties.

Some Remarks on Book Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era by Diego Valadés

The present paper is a review essay focused on the book – scientific monograph Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era written by Mexican legal scholar Diego Valadés in year 2021. The book is a brief but incisive analysis of how Mexico (mis)managed the global COVID-19 pandemics. The author showed that many actions and measures taken by the Mexican State during the state of emergency declared due to the COVID-19 pandemics were problematic for various reasons, both constitutional/legal and extraconstitutional/extralegal ones, and resulted from long-term, serious and complex shortcomings of the Mexican political system, primarily based on the Mexican Federal Constitution of 1917 and related federal legislation. However, the author’s criticism of the Mexican constitutional/political system is constructive, as he makes useful suggestions to overcome (or, at least, to reduce) its shortcomings throughout the book.

HOW THE CONSTRUCTION OF WIND TURBINES CAN BE LEGISLATIVELY CONTROLLED ON THE BASIS OF PUBLIC INTEREST

In order to implement the energy transition, the Federal Republic of Germany has been relying increasingly on wind energy for several years. Wind farms, both offshore and onshore, play an important role here. Nevertheless, wind energy in Germany suffers from a problem of acceptance. Local residents are afraid of visual and acoustic emissions, species protection concerns are raised, adverse effects on the landscape are claimed, and there are also fears of decrease in value of the properties. For this reason, the federal state of Mecklenburg-Western Pomerania has enacted a law that provides for mandatory participation of citizens and communities in the operating companies of wind turbines (the so-called ‘citizens’ wind farms’). With this law, the federal state shows in an excellent example how state’s influence on the economy and finances can look like in relation to public interests. But this is not the only way the legislator controls these public interest purposes. Recently, it has increasingly been using the ‘overriding public interest’ in legal texts to speed up the construction of wind power plants. These two juxtaposed instruments will be examined in more detail and their suitability will be analysed separately. Finally, the article presents an outlook with a recommendation for action to the federal legislature.

ОБРАЩЕНИЕ СО СЛУЖЕБНОЙ ИНФОРМАЦИЕЙ В МЧС РОССИИ: ГАРМОНИЗАЦИЯ ТЕРМИНОЛОГИИ

The purpose of the article is to study the logical and sematic accuracy of the use of technical terms in the organizational, legal and organizational and administrative documents of EMERCOM of Russia for the protection of service information, streamlining individual terms in the field of information security. The formation of the conceptual apparatus in the field of information security is singled out as a general methodological problem of information security. The definition of departmental terminology and its harmonization with common approaches allows increasing the security of information. The content of the goal of protecting information of limited distribution is studied and it is proposed to clarify it in the governing document of EMERCOM of Russia. Deals with the concepts of the term information carrier, the types of carriers are reviewed. The relevance of the study is due to the fact that, in view of the internationalization of education, the terminological system of the educational sphere of the russian and english languages today needs to be harmonized. As a result of comparison with similar documents of other state bodies and analysis of the content of terms, inconsistencies in the terminology used in individual departmental documents on the organization of the protection of confidential information were revealed. In order to protect such information, discrepancies have been established between the norms of federal legislation and the departmental procedure for handling proprietary information of limited distribution.

Walking Alongside: Views of Family Members on Medical Assistance in Dying for Mental Illness as the Sole Underlying Medical Condition.

Medical assistance in dying (MAiD) was introduced into Canadian federal legislation in 2016. Mental illness as the sole underlying medical condition (MI-SUMC) is currently excluded from eligibility; such exclusion is scheduled to expire on March 17, 2024. Irremediability, capacity, quality of life, autonomy, family involvement, and healthcare system constraints have been debated intensively. Recent studies have not explored the views of family members of persons with mental illness on MAiD MI-SUMC. This study aimed to fill this knowledge gap. Twenty-five Ontario residents who had a loved one with mental illness participated. A persona-scenario exercise was designed to explore participants' views on MAiD MI-SUMC in hypothetical situations. Reflexive thematic analysis was used to analyze the data. A lived experience-advisory panel was engaged throughout the study. Seven themes were developed: Witnessing suffering; A road with barriers and limitations; Societal barriers; The unknowns of mental illness; Individual choices: the life or death that a person wants; MAiD MI-SUMC as an acceptable choice when suffering cannot be relieved with available treatments and supports; and The emotional outcome. Participants constructed their views based on their experience of supporting a loved one with mental illness. MAiD MI-SUMC was perceived as a multifaceted issue, whose acceptability and potential introduction required a concurrent exploration and discussion of the challenges arising due to limitations of the healthcare system, the opportunities and limits to family involvement, and the value of patient autonomy.

Местное самоуправление в Конституции и федеральных законах России: опыт 30-летнего сосуществования

Abstract: Introduction. This year marks 30 years since the adoption and entry into force of the Constitution of the Russian Federation. During this period, the constitutional and legal framework for the normative consolidation of local self-government in Russia was changed three times, while the text of the country’s Basic Law itself remained unchanged until 2020. Thus, along with invariability of the text of the Constitution, the “substantive” sectoral legal foundations of local self-government were in constant dynamics. According to the author of the study, this phenomenon requires historical and legal research to identify the positive and negative aspects of such development of the regulatory framework for their subsequent consideration by the federal legislator when forming the developing regulatory framework of the unified system of public authority.
 Methodology. When working on the text of the study, the author used comparativelegal, historicallegal, analytical, formal legalmethods, statistical data analysis and other methods, which ultimately made it possible to formulate the main results and conclusions.
 Results.On the basis of the author’s analysis of certain provisions of federal laws, the practice of the Constitutional Court of the Russian Federation, main historical events over the past 30 years, the conclusion is made that the federal legislator does not have a complete understanding of what local government is, on what substantive, organizational, economic and other foundationsthe constitutional and legal model of local self-government in the Russian Federation must be implemented. All previously used legislative models for the enforcement of constitutional provisions on local self-government in Russia did not have any continuity and each time represented a new, to a great extent “revolutionary” approach to the organization of local self-government in the territories, moving citizens away from direct participation in its implementation, with simultaneous strengthening of the “state”,primarily of regional influence on the order of local selfgovernment in specific municipal territories.

Lump-Sum Payment for Purchasing Residential Premises as an Additional State Guarantee for State Civil Servants of the Russian Federation: Exercise of Right

The subject of the study is the norms of the legislation of the Russian Federation on the state civil service of the Russian Federation. These norms provide additional guarantees for state civil servants of the Russian Federation for lump-sum subsidy aimed at acquiring accommodation. The purpose of the study is to consider the legal significance of a lump-sum subsidy for buying accommodation, to identify the conditions for the right to this subsidy, to determine whether it is mandatory or optional for the constituent entities of the Russian Federation to exercise their powers to provide employees of the subject of the Russian Federation with a lump-sum subsidy for the accommodation, to propose amendments to the legislation. The methodology of the study are such scientific methods as formal legal, structural functional approaches, comparison, research and analysis of studies and regulations. The study uses scientific research in the field of social security law and economic sciences. As a result of the study, the paper substantiates that a lump-sum subsidy for accommodation is provided in order to ensure the social security of civil servants of the Russian Federation. The right to this payment should be assigned only to those civil servants of the Russian Federation who need it and who, without the state support, are not able to change their financial situation and acquire accommodation. The paper proves the need for codifying the conditions for the right to this lump-sum subsidy. Using the analysis of federal and regional legislation that defines the powers of public law entities in the sphere under consideration, the paper proves the obligatory adoption of legal acts aimed at exercising the right of a civil servant of the Russian Federation to a lump-sum subsidy for the accommodation, regardless of the finances of the relevant budget. In order to have a unified legal regulation of the relations under consideration, the study substantiates the need to combine basic and additional state guarantees for civil servants of the Russian Federation, and presents specific proposals for changing federal legislation.

Taxation of special investment contracts participants

16. Balandina A.S. Analysis of theoretical aspects of tax benefits and tax preferences. Vestnik Tomskogo gosudarstvenogo universiteta = Tomsk State University Journal, 2011, no. 4 (16), pp. 105–110. (In Russ.). 17. Danilova V.V. Tax preferences: the concept, types, goals and procedures for obtaining. Oplata truda: bukhgalterskii uchet i nalogooblozhenie, 2022, no. 4, pp. 19–26. (In Russ.). 18. Wells D.A. The Theory and Practice of Taxation. New York, D. Appleton and Company Publ., 1900. 666 p. 19. Chua A.T. Precedent and Principles of WTO Panel Jurisprudence. Berkeley Journal of International Law, 1998, vol. 16, iss. 2, pp. 171–196. 20. Belousov A.L. Preferential regimes for conduct of business: regulation problems and law improvement areas. Khozyaistvo i pravo = Economy and Law, 2022, no. 10, pp. 30–41. (In Russ.). 21. Belousov A.L. Legal aspects of formation and development of special investment contracts in the Russian Federation. Legal Bulletin, 2022, vol. 7, no. 4, pp. 9–16. (In Russ).The subject. The preferential tax regime provided to the participants of special investment contracts has been functioning in the Russian legal system for about 8 years. Despite the systematic "fine-tuning" of its legal regulation, taxpayers still face the legislative gaps and contradictions of separate normative provisions entailing tax risks. It seems appropriate to put forward the hypothesis that the existing tax treatment of the participants of special investment contracts is not devoid of these drawbacks, especially in terms of regional regulation, and could be improved. Purpose of the study. The article represents an attempt to verify the aforementioned hypothesis and deals with selected provisions of the Russian legislation regulating preferential tax regime for participants of special investment contracts, which in addition to the Russian Tax Code includes the Federal Law "On Industrial Policy in the Russian Federation", regional and municipal normative legal acts. Methodology. The methodological basis of this study are general scientific methods (analysis and synthesis, induction and deduction), private scientific methods (interpretation of legal acts), as well as content analysis, study of reports and analytical references of governmental organizations. The main results. The study revealed that the Russian legislation, mainly regional and municipal, is not fully developed. As a consequence, the preferential tax regime for the participants of special investment contracts cannot efficiently function on the entire Russian territory. Also, the regulatory framework adopted at the federal level uses incorrect terminological apparatus in terms of defining tax support measures available to participants of special investment contracts, which entails tax risks for them. Conclusions. The revealed drawbacks of the preferential tax regime for participants of special investment contracts can be leveled by means of point-by-point amendments to the federal legislation. To this end, the authors of the present study propose specific steps to overcome these drawbacks.

Legal Support for the Development and Use of Municipal Information Systems

The paper deals with the current issues of development and use of municipal information systems, and proposes their legal solutions. In particular, it is noted that federal legislation lacks a precise definition of a municipal information system. The analysis of regional and municipal lawmaking allows us to identify several attributes of municipal information systems: development or acquisition of the system by a decision of a local governing body; the powers of local governing bodies to implement the systems; full or partial financing from the local budget. In this regard, the Federal Law “On Information, Information Technologies and Information Protection” proposes to define a municipal information system as an information system created or acquired through a decision of a local governing body at the expense of the local budget and designed to solve the issues that are in jurisdiction of municipalities. The current municipal information systems can be divided into two groups: specialized information system complying with federal laws and general information systems designed to support the functioning of local governing bodies or municipal enterprises and institutions. At the same time, general municipal information systems of different municipal entities are rarely integrated. Therefore, when it is necessary, it becomes impossible or very difficult. This problem is mainly of organizational and technical nature. However, it is also a result of collisions and gaps in the regulatory framework of municipal information systems. To solve them, it seems necessary, firstly, to state in article 13 of the Federal Law “On Information, Information Technologies and Information Protection” the possibility to define the specifics of legal regulation of municipal information systems not only by legislative, but also bylaws on local selfgoverning; secondly, to indicate in the Federal Law “On General Organizational Principles of Local Self- Governing in the Russian Federation” the possibility of the subjects of the Russian Federation to be involved in lawmaking in municipal information systems.