Legal Regulatory Framework Research Articles

Ways of improving the legal regulation of human organ and tissue transplantation in the Russian Federation

Over the past 10 years, significant breakthroughs have been achieved in Russian transplantology in the field of regulatory legal framework. During this period, the powers of government authorities in the field of healthcare on organization of transplant care and organ donation have been defined, and sources and mechanisms for target financing of medical activities related to organ donation for transplantation purposes have been identified. The procedure for providing medical care under surgery (human organ and/or tissue transplantation) has been adopted, and a state registry system for donor organs, donors and recipients has been created. Measures on organ donation and transplantation in the Russian Federation have been approved within the «Healthcare Development», a framework of the state program of the Russian Federation. The Shumakov National Medical Research Center of Transplantology and Artificial Organs (Shumakov Center) has also been identified as the core institution that coordinates the activities of the entire transplant industry in the Russian Federation. Transplant medical care is currently being provided by specialist physicians trained in human organ and tissue transplantation, in collaboration with other specialist physicians. The Nomenclature of Specialties of Specialists with Higher Medical and Pharmaceutical Education, approved by the Russian Ministry of Health via Order No. 700n of October 7, 2015, does not contain a separate specialty related to human organ and tissue transplantation activities, and this is quite justified. However, in order to improve the legal regulation of transplantation activities, it is necessary to unify the requirements for specialists providing medical care in human organ/tissue transplantation. This can be achieved by developing uniform approaches to the definition of labor functions in the professional standards of specialist doctors involved in transplantation.

Анализ рисков и разработка механизмов их снижения при реализации ФНТП развития сельского хозяйства России

Abstract. The preparation of the work is related to the low level of publication activity regarding the issues of research on the risks of scientific and technological development of agriculture, on the one hand, and the growing need for the formation of practical recommendations on risk management for the development of departmental information systems designed to implement state programs for the scientific and technological development of agriculture. This document presents the assessment and analysis of risk management elements in the Federal Scientific and Technical Program for Agricultural Development for 2017–2025 (FSTP). The purpose of the article is to analyze the range of risk management entities, the types of risks identified in the regulatory legal framework governing the scientific and technological support of agricultural development and procedural measures for their management, as well as the inclusion of risks of scientific and technological development of agriculture in the system of risks to food security. An analysis of food security risks was carried out in regulatory documents, new risk formulations in the updated Food Security Doctrine were clarified. Attention is paid to problematic issues of risk interpretation in the FSTP, which require scientific discussion and amendments to regulatory documents. For the first time, the definition of the risk of scientific and technological development of agriculture in the context of the FSTP was formulated. The work identified and considered the risks of the upper level of scientific and technical development of agriculture in connection with food security, the risks of achieving the results of the FSTP, the risks of achieving the result of the main activities of the FSTP subprogrammes. Methods. Methodically, the work is based on an expert method and analysis of documentation. The scientific novelty consists in developing an integrated approach to the analysis of risks of scientific and technological development of agriculture. The result of the work is the identified relationships of the analyzed risks and recommendations for improving the methodological apparatus of risk management in the area under consideration.

The Formation and Development of the Legislation of the Republic of Belarus in the Field of Nuclear Waste Management

The article discusses the formation and development of the legislation of the Republic of Belarus in the field of nuclear waste management, gives a description of the main trends in its development. The legislation of the Republic of Belarus in the field of nuclear waste management establishes requirements for the procedures for selecting sites for the placement of facilities where radioactive waste is handled, requirements for the design, construction, operation and closure of these facilities, as well as for conducting a safety assessment of the relevant facilities. Legal regulation in this area should be developed in such a way that the negative impact on the environment is minimized and the environmental rights of everyone are protected. On the basis of the Author’s approaches, the periodization of the regulatory legal framework of the study area is distinguished. The following stages of the formation and development of legislation in the field of nuclear waste management in the Republic of Belarus have been identified: Stage 1 – Soviet (1954–1985); Stage 2 – Chernobyl (1986–1991); Stage 3 – post-Soviet (1992–to the present), having their own characteristics characteristic of the corresponding period. This division is historically conditioned, since the influence of historical facts was reflected in the development of legal regulation in the field of nuclear waste management. It is also noted that the establishment of a clear delimitation of the competence of the Ministry of Emergency Situations and the Ministry of Health in establishing regulatory regulation in the field of nuclear waste management will improve the quality of legal regulation, and will help ensure the systematization and codification of the legislation of the area we are studying. It is concluded that it is necessary to improve legislation in the field of nuclear waste management in close cooperation between representatives of science, through the exchange of scientific and technical information (best practice), which is an important element of scientific, legal, economic and technical development.

Принцип законности при реализации специальных административно-правовых режимов, обеспечивающих безопасность в пенитенциарной системе России

territory of penitentiary institutions. The author points out the difficulties of observing this principle in extraordinary situations that violate the normal work of institutions and bodies executing criminal penalties related to deprivation of liberty, as well as punishments not related to isolation from society, established by law. Attention is drawn to the need to develop an appropriate regulatory legal framework that would regulate the procedure for the actions of employees when introducing special administrative and legal regimes on the territory of a penitentiary institution.

Legal Aspects and Balance Between the Interests of the Employer and the Author in Motivating Inventors

Introduction. The article examines legal aspects related to stimulating and motivating the activities of inventors in Russia, the creation and use of official inventions and other objects of intellectual property. Methods. Analysis, synthesis, systematic approach, comparative legal, historical, linguistic and systematic methods of interpretation of the law were applied in the process of work. Results and Discussion. The conducted research allows us to conclude that the legal regulation is incomplete. On this basis, a number of changes and additions to the regulatory legal framework are proposed, which should contribute to the creation of the most favourable conditions for motivation to the creative work of inventors and other authors of official results of intellectual activity. It is proposed to develop draft regulations of the Russian Federation on the development of invention and art and design creativity, on additional measures to stimulate Russian inventors and increase their social status; to amend the Labour Code of the Russian Federation, fixing the need to reflect in labour contracts the possibility of creating official intellectual property during the performance of labour functions; to establish rules for payment of royalties for an official computer program or an official production secret; to create the institution of the Presidential Commissioner for the Protection of Inventors' Rights and Commissioners for the Protection of Inventors' Rights in the constituent entities of the Russian Federation; to provide benefits to technological entrepreneurs; and to introduce new financial instruments to support inventive activities. Conclusion. The materials collected as a result of the study allow assessing the existing regulatory framework in the system of material motivation of inventors.

The adoption of global water norms in Central America: What separates normative coherence from normative hegemony?

SummaryMotivationWater management is currently sustained by international norms negotiated in global meetings which are replicated worldwide. Integrated Water Resources management (IWRM) and the Human Right to Water and Sanitation (HRWS) are two of the main global norms presented as important ideals for good water governance, and as such are seen as contributing to achievement of the Sustainable Development Goals (SDGs). This article engages with this logic.PurposeThe article analyses two global water norms in Central America: the IWRM and HRWS, from their regional and national definitions and implementation in order to respond to the following research question: does the adoption of IWRM and the HRWS in Central American water management represent normative coherence for development or normative hegemony manifested by vertically imposed global water governance norms?Methods and approachThe research examines the definition and implementation of IWRM and the HRWS in the Central American Integration System (SICA) and six member states. It examines regional legal frameworks and national water laws and policies. Data collection included reviews of policy documents, academic studies, and grey literature from regional organizations and fieldwork conducted from 2012 to 2019.FindingsIWRM and HRWS are global water norms that have been institutionalized in Central America through development co‐operation partnerships, especially with European donors. This research shows that SICA member states have not implemented these norms due to the opposition of diverse coalitions of water stakeholders, including agribusiness, economic elites, and indigenous communities. The findings indicate that stakeholder participation and normative legitimacy are the defining characteristics that separate normative coherence for sustainable development from normative hegemony.Policy implicationsDespite Central America's legal alignment with the SDGs, significant grassroots opposition to the implementation of global water norms across the region suggests that normative coherence for sustainable development depends on normative alignment and incorporation by states in national legal frameworks but is also conditioned by stakeholder participation. These findings indicate that normative coherence for sustainable development should become more participative in nature in order to promote transformative development as defined by the SDGs. Otherwise, stakeholders may perceive it as normative hegemony.

Производственный травматизм и инновации в обучении по охране труда

Analysis of the causes of industrial injuries at the enterprises of the Russian Federation over the past 20 years shows that organizational causes remain dominant in the overall structure of the causes of injuries with severe consequences. They are based on the human factor when the actions of the employee himself leading to negative events are primarily due to the low level of his competencies in the field of occupational safety. In September 2022, as part of the reform of the regulatory legal framework in the field of occupational safety training, regulatory legal acts approved by the Government of the Russian Federation defining a new procedure for occupational safety training will come into force. New requirements were developed considering risk-oriented approach, they are based on the current trends in the occupational safety training and are harmonized with the international understanding of the occupational safety training outside of education. Competencies in the field of occupational safety are formed in various areas, broken down into individual programs considering the availability and levels of the occupational risks, which are assessed by the employer within the framework of the relevant procedure of the occupational safety management system. The requirements of new documents are analyzed in terms of conducting briefings, internships at the workplace, training in the occupational safety requirements, including the new types of training in first aid to the victim and the use of personal protective equipment by the employees, as well as in terms of organizing knowledge testing of the occupational safety requirements. In addition, the changes in the rules of accreditation and in the requirements for accredited organizations for training in the field of occupational safety are considered.

Privacy in the realm of Artificial Intelligence Systems Application for Remote Biometric Identification

The paper analyzes legal approaches to solving key problems of human rights implementation in the conditions of mass exploitation of artificial intelligence (AI) systems in the public space. Within the framework of the study, the emphasis is placed on the features of the legal regulation of the use of artificial intelligence systems for remote biometric identification. The use of these systems is currently only beginning to acquire a regulatory legal framework and law enforcement practice in most countries. The study analyzes several different models of legal regulation that are typical of individual countries and regions, such as the United Kingdom, the United States, China, the EU and Russia.In the UK, the use of real-time facial recognition systems in public spaces is allowed, but the set of scenarios and situations of their use is significantly limited by legislation and law enforcement practice. In the United States, both at the federal and state levels, there are no general rules that form a unified legal approach to regulating the area in question. The EC has developed a draft Regulation on Harmonized AI Rules (Artificial Intelligence Act), which is supposed to prohibit the use of AI systems for remote biometric identification of individuals in real time in public places. There is no special regulatory regulation of this sphere of public relations in the PRC. The development of these systems in China is controlled by the state, which, due to the high centralization of power, leads to the risk of human rights violations and the creation of an atmosphere of total surveillance of citizens without any legally established framework and restrictions. In Russia, the state is actively deploying these systems at the federal and regional levels in the absence of a specialized regulatory framework. Human rights are protected only by the general norms of the Constitution of the Russian Federation and legislation, law enforcement practice is mainly aimed at ensuring the interests of the state.

Characteristics of the Sales Contract in E- commerce under Jordanian Legislation. Analytical Study

In e-Commerce, sales contract is a vital element in the trading and selling of commodities and in the provision of services, resulting in increased production and profit. Sales contract assures that commodities are efficiently delivered to consumers with consideration towards consumer needs, and supply and demand. This study examined one major issue relating to sales contract in e-Commerce, a vital mechanism in economic development, by combining sales contracts on products and services. For consumer protection, Jordanian legislators should ratify rules and regulations to govern the practices between parties. A descriptive analytical method was applied in this study for its suitability in legal provisions initiation. Analyses were performed to attain outcomes that will fill the research gaps concerning sales contract aside from determining a legal way for contract in e-Commerce. In Jordan, the lack of legal regulatory framework that stimulates sales contract has caused issues among producers, distributors, and consumers. Keywords: Sales contract, e-Commerce, Jordan, Legal, Regulation DOI: 10.7176/JLPG/118-02 Publication date: February 28 th 2022

Юридико-психологический анализ особенностей взаимодействия с гражданами сотрудников органов внутренних дел в условиях провокационного поведения

In a media-dominated society, all organizations have certain reputational risks. In recent years, the public image of the internal affairs bodies of the Russian Federation has been largely determined by the Internet environment. On the one hand, favorable images are created in it, on the other, the exposure of abuse and illegal actions. As a rule, the latter, on the basis of the action of the regularities of the formation of a conditioned reflex and the emergence of emotions and feelings, have a greater impact on the public. The authors note that the effectiveness of external communication of employees of internal affairs bodies is interconnected with its positioning in society, which ensures a positive or negative emotional attitude towards the Ministry of Internal Affairs of Russia on the part of others. In this regard, interaction with citizens in legal situations is an image-forming component.
 The article analyzes the acute conflict situation of interaction between an employee of the internal affairs bodies with citizens, which is posted on the video hosting You Tube (channel of the public project "Movement") in the form of videos about citizens visiting the Reception of the Ministry of Internal Affairs of Russia ("Kneeling in front of the lieutenant colonel of the Ministry of Internal Affairs of Russia! Sercons continued", " Serkons Bought the Police? Bloggers At the Reception of the Minister of the Ministry of Internal Affairs "). The main methods of psychological influence are highlighted, which made it possible to destabilize this situation, the regulatory legal framework is analyzed, which can be used by police officers in an acute crisis situation and in the process of performing operational and service actions.

НОРМАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ ОБЛІКУ РЕЗЕРВУ СУМНІВНИХ БОРГІВ

Based on the critical review of current national and international regulatory acts, within the article, the regulatory legal framework that controls general and special issues in the field of accounting and taxation of operations on the formation, use, adjustment and/or write-off of the reverse of doubtful debts is systematized. In particular, a description of the main regulatory legal acts regulating the processes of organization, accounting and taxation of the consequences of operations on the formation, use, adjustment and/or write-off of the reverse of doubtful debts is provided.There is a justified need to regulate at the level of internal legal support the processes of accounting for the formation, use, adjustment and/or write-off of the reverse of doubtful debts, in the part that does not contradict current regulatory legal acts, which is due, first of all, to the availabilityof alternative options for accounting for these processes, defined in relative regulations. This provided the basis for the development for the accounting model for the transactions related to the reverse of doubtful debts, and their tax consequences when determining the tax base for the corporate incometax, as well as a generalization of the main elements of the internal regulatory support for accounting the transactions on the formation, use, adjustment and/or write-off of the reverse for doubtful debts.The effect of their implementation will consist in the formation of a complete system for accounting for possible transactions regarding the reverse of doubtful debts, namely in the part of providing primary, current and final accounting. In addition, the enterprise will have the opportunity to receive complete and reliable information for correct calculation of the reverse for doubtful debts;will be able to timely identify receivables that have signs of doubt or hopelessness; will document economic transactions reflected in the accounting related to the reverse of doubtful debts.

Эволюция государственного управления в странах постсоветского пространства. Российская Федерация – Россия

The article studies the formation of state-building in modern Russia during the period from the destruction of the USSR to the present day. The author emphasizes that the Russian state is one of the oldest in the world with a historically established system ofstate administration. At the same time, Russian democracy is one of the youngest on the European continent; from this point, it is concluded that reforming process in Russia should be carried out evolutionarily, taking into account domestic and best international experience. The analysis shows that during this period changes have taken place not only in the goals and objectives, as well in the main activities covering various issues of the system of state and municipal administration but also in conceptual approaches to its development. Having studied and applied advanced world experience, the government institutions in the Russian Federation have acquired many features connected to the history of the country and its federal structure. The author studies the history of the formation and stages of changes in the regulatory legal framework, which ensures the operation of the entire system of public administration in Russia. In a formal and legal aspect, the President of the Russian Federation does not belong to any branch of government power but has a significant amount of authority concerning each of them; that is why a specific role in the management process is assigned to him. In the Russian Federation, a system of state and municipal service has been formed, with particular attention paid to training and retraining of professional personnel, combating corruption, and encouraging decent (ethical) behavior of civil servants. It is emphasized that the goals of the administrative reform are aimed to improve the quality and accessibility of public services, to limit government intervention in the economy, to increase the efficiency of the executive authorities; the reform will continue despite the new challenges that the state may face. The conclusion states that in some areas, the reforms have led to essential changes in public administration and an improvement in the quality of life of the population; administrative reform is viewed as an objective need to bring the system of state and municipal administration in line with the constitutionally enshrined principles of the country’s development.

General theoretical fundamentals legal forecasting

The article is devoted to legal forecasting as a direction of scientific activity that contributes to the improvement of all component parts of the legal system. The systematic research of the directions of modernization of bases of formation of strategy of legal policy and regulatory framework in their indissoluble connection with right education, law-making, lawmaking, right realization, law enforcement gives to legal forecasting the status of driving force of steady law and order. Noting the significance of the Decree of the President of the Russian Federation of November 8, 2021 No. 633 “On Approval of the Fundamentals of State Policy in the Field of Strategic Planning in the Russian Federation”, the author of the article justifies the need to include in the field of strategic planning the modernization of the legal regulation of public relations and to give the process of legal forecasting and planning of legislative activities the proper organizational form.

Transformation of legal impact in the context of the modern information and technological structure (case study of the relations connected with genomic information)

The article is devoted to a crucial theoretical issue of the impact transformation under the influence of digital technologies. It is necessary to distinguish the process of law evolution in general and legal impact in particular, which presupposes a gradual, "dosed" change in the regulatory legal framework of the state in the direction of its greater adaptation to changing socio-economic and political realities from a more radical version of changes - from the transformation of legal impact under the influence of digital technologies and new qualities acquired by the information society. Legal impact in the digital environment demonstrates not only a new type of subjects, previously unknown to the classical paradigm of law, but also a special type of legal ties. From a legal point of view, the relationship pattern is of contractual nature on the Internet, reflecting the conventional process of interaction of quasi-subjects of law, which corresponds to the nature of almost any network interaction. However, the specificity is that norms are formed; and they contain self-regulation rules and have a legal impact on the subjects of network communication. The transformation of legal impact in the above sense presupposes qualitative changes in legal impact that are local in time, but reactive (accelerated) in intensity, accompanied by the complication of the legal impact organization, the emergence of new components under the influence of technological factors and, accordingly, new functions. The objective is to demonstrate the vector of changes in the contemporary theory of legal impact and acquire a new look for it. We use the data and material of modern characteristics of society to solve the problem. The transformation of legal impact occurs under the influence of changes in the legal and social systems having occurred as a result of the reconfiguration of social objects, which are traditional areas of legal impact, and owing to the forced transformation of legal means used by the state. The basic features of such transformation are revealed by the example of a theoretical comprehension of the “genomic information” concept and the attitude of the legislator to it. The result of the study is the conclusion that the transformation of legal impact is a sequential system of organizational, legal, mental shifts (innovations), which provide for the creation of new components of legal impact that do not coincide with their previous structures with a supplementary (or new) set of functions.

Novels of modern domestic legislation in the field of genomic therapy and the prospects for its implementation in everyday life

Recent events in Russia and in the world have shown the high importance of medicine for modern society. It became obvious that a large number of threats are concentrated from the point of view of the consistency of the healthcare system, which can be ensured by coordinated actions of state structures based on a high-quality regulatory legal framework. On the other hand, new means and methods of treating various diseases seem to be important. One of these areas of high-tech medicine is the diagnosis and editing of the human genome. There is practically no normative legal regulation of this activity, despite the fact that modern legal science is replete with proposals in this regard and notes an acute shortage of this regulation. Nevertheless, these medical technologies had some influence on minor changes in the legal regulation of this area, including the special powers of the federal territory “Sirius”, revision of the system of state control and supervision over the production and distribution of biomedical cell products and some progress in causing and compensating harm from conducting genomic research. The scientific novelty of this work is the conclusion about the impact of genomic medicine on legal regulation in Russia, as well as proposals for further improvement of such work. The purpose of the study is to analyze the latest legislative innovations to assess the impact of modern medical technologies on them, as well as to determine the main directions for further improving the legal system in this area. Methodology. To carry out this study, we analyzed the domestic legal regulation on the issue of genomic therapy in its dynamics over the past few years, used the method of expert assessments, the comparative legal method. The main suggestions were made by the modeling method. Key conclusions are made based on general philosophical methods of scientific knowledge — analysis and synthesis, deduction and induction.

Integration Processes and Cooperation of Russia with the BRICS Countries

The article presents an analysis of the current state of integration processes within the framework of the BRICS association. The factors contributing to the unification of countries into the BRICS organization and their development are considered, including: high rates of economic growth of the BRICS countries, a “critical mass” of resource potential, a large volume of the domestic market of goods and services, the coincidence of economic and political interests in the international arena. The main mechanisms of integration development and cooperation within the framework of the association are annual BRICS summits, meetings of heads of BRICS countries at various levels and their representatives, holding forums, seminars, scientific conferences and other events. It is shown that during the summits the common political and economic interests of the BRICS countries are revealed, joint solutions are developed. As a result of the summits, a number of agreements were reached, important agreements were signed, which indicates that the partnership between the BRICS countries has prospects and will develop. The cooperation of Russia with the BRICS countries in the economic and trade spheres of activity is considered. The objectives and regulatory legal framework of such cooperation are defined, the analysis of the existing trade and economic relations of Russia with each of the BRICS states is carried out, promising areas of interaction with the BRICS countries and the possibility of collective participation of BRICS in international organizations and regional integration associations, including the Eurasian Economic Union, are formed, emphasized the importance and relevance of the task of in-depth study of the economy, domestic and foreign policy of Russia’s BRICS partner states.

Improvement of regulatory legal framework in the field of ensuring uniformity of measurements in the context of introduction of economic restrictions

Представлен обзор документов, подготовленных в рамках совершенствования нормативной правовой базы в области обеспечения единства измерений и в условиях введения экономических ограничений по состоянию на 25.10.2022 г.

Исследование правового регулирования медицинского обслуживания судей и членов их семей

The results of a comparative legal study of the legal regulation of medical care for judges in the Russian Federation are presented. We note that at present, in the theoretical and applied legal literature, studies of medical care for judges of courts of various jurisdictions (magistrates, judges of district, military, city, regional, arbitration, cassation courts of general jurisdiction) are not fully represented. As a research methodology, systemic, dialectical, comparative legal and formal legal methods are used. An idea is formed about the regulatory legal framework for medical care for judges and the components of such service are substantiated. The solution of the problems of the article is carried out on the basis of the study of the relevant legislative and scientific sources, by the method of comparative legal research. We conclude that it is necessary to increase their social protection by improving the relevant legal norms and mechanisms for their implementation. We note that in this aspect it is imperative to take into account the opinion and recommendations of the judiciary community. Author’s developments allow to know the system and structure, as well as the procedure for organizing medical care for judges in the modern domestic legal system. Such studies lead to the systematization of scientific ideas about such a significant type of social security for the judiciary and the possibility of its improvement in the general system of their social guarantees.

ТРУДОВОЕ ПРАВО: НОВЫЕ НАУЧНЫЕ ИССЛЕДОВАНИЯ

The review reflects publications devoted to the theoretical issues of creating a unified concept of harmonization of legal regulation in the field of employment. The possibilities of forming labor relations in the conditions of a growing «snowball» of changes affecting labor and employment are revealed - automation as the replacement of human labor with machine labor, digitalization as the transformation of physical objects and documents into digital and plat-formization as the spread of digital platforms. The main objectives of the authors of the publications is to substantiate the changes in the current regulatory legal framework of labor relations.

ОСНОВНЫЕ НАПРАВЛЕНИЯ ДЕЯТЕЛЬНОСТИ УПРАВЛЕНИЯ ГОСУДАРСТВЕННОЙ ОХРАНЫ ОБЪЕКТОВ КУЛЬТУРНОГО НАСЛЕДИЯ АЛТАЙСКОГО КРАЯ В 2021 ГОДУ (РОССИЯ)

The article devotes to the main results of the work of the Department of State Protection of the Cultural Heritage of Altai Krai, created in 2017. The main areas of activity are the implementation of powers for state supervision over the state, maintenance and use of cultural heritage sites, measures for state protection, accounting and popularization, an increase ofthe number of repair and restoration work carried out, and the establishment of responsibility for violations of the requirements of protective legislation. During the period of the department’s work, there has been a positive trend in the main areas of activity for the protection of historical and architectural sites in Altai Krai. As part of improving the regional regulatory legal framework, the department has prepared more than 1000 regulatory legal acts.