Russian Practice Research Articles

Realization of the right to education by children with migration history: Russian practices and foreign experience (The end)

Involvement of children with migration history in the Russian education system is a necessary condition for their integration into the host society, their future economic and social success. Less than 20% of migrant children living in our country attend schools. But even their education causes serious problems due to poor knowledge of the Russian language, gaps in general education, and upbringing in a different ethno-cultural environment, often differing in its values and accepted rules of behavior. Russia and foreign countries are implementing a variety of legal and organizational measures aimed at solving these problems and social adaptation of migrant children. The subject of this article is the analysis and generalization of the most effective practices.

Threats to the security of banking activities in modern Russian practice

Among other sectors of the Russian economy, the banking sector is one of the most dynamically developing. Consequently, its resistance to various shocks and possible threats will be one of the central points of support for the economic security of the state. Modern statistics show an increase in various types of incidents in the financial sector. Regular monitoring and detailed analysis of fraudulent schemes will minimize the possibility of criminal manipulation, thereby significantly reducing the number of risks and the amount of financial losses.The presented article provides a structural and geographical analysis of incidents in the financial sector recorded in 2023, and a sketch of the modern landscape of possible threats is compiled. The optimal approach to the formation of information and economic security of personal and financial data, in particular, and banking activities in general, involves comprehensive protection measures both from the point of view of the individual user and from the position of representatives of the banking community and the regulator.

Resolution of the Expert Council on the problem of early diagnosis of Alzheimer's disease

Alzheimer's disease (AD) is the most common neurodegenerative disease and the most common cause of dementia. In daily practice, AD is often diagnosed late, while the early stages of the disease are overlooked or mistaken for cerebrovascular pathology. However, the efficacy of existing and newly developed (disease-modifying) AD therapies is the greatest in the early stages of the disease. An accurate diagnosis of AD is possible when biological markers of the main pathological process (cerebral amyloidosis, tauopathy) are detected using positron emission tomography or neurochemical examination of cerebrospinal fluid, which are gradually being introduced into practice in Russia. The experts discussed the clinical aspects of the use of biological markers, obtained in the leading specialized centers of our country for the diagnosis and treatment of cognitive impairment (CI). First and foremost, biomarker testing is indicated in patients with mild CI and mild dementia possibly associated with AD, so that disease-modifying (pathogenetic) therapy can be initiated as early as possible upon on its availability (currently, drugs for anti-amyloid disease-modifying therapy are not registered in the Russian Federation). Patients with a non-classical (non-amnestic) or atypical AD phenotype are another group of patients in whom it is also advisable to analyze biomarkers for differential diagnostic purposes.

Институт уполномоченных по правам человека в России: концептуальные основы и эволюция

The article examines the development of the institution of human rights commissioners in Russia. The author comes to the conclusion that Russian practice demonstrates the evolutionary development of the institution of human rights commissioners. This institution is a reflection of the federal structure of the state. The Human Rights Commissioner in the Russian Federation and the Human Rights Commissioners in the constituent entities of the Russian Federation are competently independent constitutional figures. Their interaction is carried out on the basis of coordination through various forms, which largely developed on the basis of practical activities and were subsequently enshrined in federal legislation. There is a clear tendency to expand the powers of Russian human rights defenders in all areas of their activities, and the «legal tools» of the commissioners are being strengthened. All this allows us to conclude that the institution of human rights commissioners has high authority and is in demand both at the state level and in the environment of civil relations.

Conflict of interest in the securities market

In the article examines the problem of applying the legal interpretation of the concept of “conflict of interest,” including as applicable to legal relations in the stock market. Such concepts as the fiduciary duties of a trustee, the controversial nature of the legal definition of a conflict of interest through the concept of personal interest are considered. The need for further development of the prudential regulation system and a more specific definition of the criteria for the fiduciary duties of the principal in the securities market are substantiated. The possibility of introducing into Russian practice the approach used in the common law system is analyzed. According to this approach, only proof of the fact of dishonest fulfillment of fiduciary duties, such as loyalty, due diligence and information duty can serve as a basis for prosecution in the event of a conflict of interest, but not the establishment of the fact of personal interest. In particular, from this point of view, the fundamental rule of the common law system applied in the stock market is considered — to fully rely on the information (i.e., a situation completely opposite to the approach that has developed in Russian law in relation to identifying conflicts of interest) provided by the broker to the client, and to expect, that he will perform his duties with all competence and due care. The author substantiates the greater effectiveness of the approach of establishing a presumption of conscientious fulfillment of fiduciary duties by a trustee and bringing to responsibility only if the contrary fact is proven.

Сравнительный анализ типов коллективного жилища в зависимости от социальных условий, наличия общих целей и продолжительности проживания

In Russian practice, there are examples of negative experiences with collective housing, such as communal apartments. However, given certain conditions and factors, collective housing can motivate creation and inspire experiments. The article examines three types of collective housing, varying in length of stay, presence or absence of common goals and values, voluntary or forced participation, size of personal space, and various financial capabilities. Communal apartments, corridor and block-type dormitories, and the organization of short-term festivals are considered as examples. A matrix of evaluation criteria has been formed for each type.

Мотивация выпускников медицинских университетов к поступлению в аспирантуру

The article is devoted to the analysis of motivational factors influencing the decision of graduates of medical universities to enroll in graduate school. Both internal and external incentives are considered: interest in scientific activity, desire for career growth, as well as support from the state and universities. The study compares Russian and foreign practice, paying attention to key aspects of government support, such as scholarships and grants. Special attention is paid to the problems faced by graduate students, including financial difficulties and the need to combine clinical practice with scientific activity.

SMArt Retro study: a retrospective data analysis of the Russian registry of patients with spinal muscular atrophy

Background. Existing registries of patients with spinal muscular atrophy (SMA) 5q serve as a valuable source of information on identified patients. Information on the characteristics of Russian patients with SMA 5q and the therapy administered in real clinical practice is currently limited.Aim. To describe a cohort of Russian patients with a confirmed diagnosis of SMA 5q and to evaluate patient routing data in real clinical practice settings in Russia.Materials and methods. The present study was a descriptive non-interventional retrospective cohort study in patients diagnosed with SMA 5q who were enrolled in the Russian patient registry between January 1, 2020 and March 31, 2023. Study participants who met the inclusion criteria were automatically identified in the integrated database of the SMA 5q patient registry. Data were uploaded into validated electronic charts, verified and analyzed using descriptive statistics methods. Results. As of March 31, 2023, the Russian SMA registry contained information on 1408 patients from all federal districts and obtained epidemiological, sociodemographic and clinical characteristics of patients, as well as routes to diagnosis and treatment regimens for patients. The median time from disease onset to confirmed diagnosis was 3 months in patients with SMA type 1, 9 months in patients with SMA type 2, 20 months in patients with SMA type 3 and 68 months in patients with SMA type 4. The median time from confirmed diagnosis to the start of disease-modifying therapy was 0.5 months in SMA patients identified by neonatal screening, 21 months in patients with SMA type 1, 59 months in patients with SMA type 2, 47 months in patients with SMA type 3 and 87 months in patients with SMA type 4.Conclusion. This retrospective analysis was carried out in order to identify recent approaches to the diagnosis and treatment of SMA used in real-world clinical practice in Russia. The identified parameters (duration from the disease onset to confirmed diagnosis, duration from the confirmed diagnosis to disease-modifying therapy initiation) indicate that more widespread use of newborn screening and more rapid treatment initiation are unmet needs for SMA patients in Russia.

The economic nature and process of formation of accounting estimates and accounting valuations

Subject. Amendments to IAS 8 and, as a result, the revision of the essence of the category Accounting Estimate necessitate the improvement of the Russian methodological framework based on the previous version of the International Standard. When conducting an audit in Russia in accordance with international standards, auditors analyze the category Accounting Estimate, the essence of which is described in IFRS. The article discusses the discrepancy between the essence of the category Accounting Estimate used in the Russian practices of accounting and auditing. Objectives. The article aims to study the essence of the category Accounting Estimate used in the Russian accounting practice, conduct a comparative analysis of the category under study and the category Accounting Estimate in the International Standards on Auditing (ISA) and Accounting Valuation in the International Financial Reporting Standards (IFRS). Methods. For the study, I used a systems analysis, the method of comparative research, structuring information, data grouping, deduction, and other methods. Results. The article clarifies the definitions of the categories Accounting Estimate and Accounting Valuation, distinguishes these categories, and proposes an interrelated categorical system that unites the concepts under consideration. In addition, the article presents the author-developed consolidated list of disclosures of information on accounting estimates and related accounting estimates in financial statements. Conclusions. The proposals made can increase the degree of harmonization of Russian and International Standards, unify Russian accounting and auditing practices in relation to accounting valuations and accounting estimates.

Realization of the right to education by children with migration history: russian practices and foreign experience

Realization of the right to education by children with migration history: russian practices and foreign experience

Directions for Improving the Laboratory Component in Secondary Prevention of Cervical Cancer

Relevance. Effective responses are required due to the high incidence of cervical cancer (Cc) throughout the World. RT-PCRbased HPV-testing is becoming more prominent in secondary prevention worldwide, replacing cytology. Russian practice still relies on cytology as the primary method mainly because there is a lack of comparative evaluation of the diagnostic characteristics of cytology and HPV-tests. Aim. Evaluation of diagnostic characteristics of laboratory methods and the relevance of extended HPV genotyping for secondary prevention of cervical cancer. Materials & methods. The study included data (liquid cytology, histology, HPV-test results) from a survey of 653 women (M = 33.55 years old, ME = 32.0 years old, IQR: 26-38 years old) infected with 14 HPV types (16, 18, 31, 33, 35, 39, 45, 45, 51, 52, 56, 58, 59, 66, 68), with presence or absence of intraepithelial neoplasia of varying severity. The study analyzed the correlation of cervical cytology - histology, clinical sensitivity for high-grade squamous intraepithelial lesions (HSIL+), the incidence and the role of 14 oncogenic HPV types in the development of cervical intraepithelial pathology, positive predictive value (PPV) and the diagnostic accuracy of the HPV-test. Results. The agreement between cytology and histology is 67.20%. Clinical sensitivity of cytology is 83.78% for HSIL+ and 94.34% for any other than NILM result. The structure of the HPV population varies depending on the degree of neoplasia, with a constant predominance of HPV16. The clinical sensitivity of the laboratory component rises to 99.5% by conducting HPV-test for at least 12 types of virus. HSIL is more commonly associated with viruses of alpha-9 phylogenetic group, than with alpha-7 and alpha-5/6. The positive predictive value for HSIL+ is reduced depending on the HPV type: 16>33>58>35>45>31>18>52>39>59>58>56>68>66. Conclusions. Clinical sensitivity of the HPV-test exceeds that of cytology, so that secondary prevention of cervical cancer can be effectively achieved through HPV testing. The introduction of an extended genotyping provides more complete information about the risk of having HSIL+. The data obtained will form the basis for the development of directions for improving the epidemiological surveillance information subsystem of HPVassociated cervical diseases

The choice of optimal therapy for ER+ HER2-metastatic breast cancer (PROMETHEUS): all-Russian analysis of physicians’ preferences – updated survey results

Cyclin-dependent kinase 4/6 inhibitors (iCDK4/6) are the generally accepted standard of care for the treatment of luminal HER2-negative metastatic breast cancer (ER+HER2- mBC). Data from randomized and observational studies have proven the high effectiveness of the combination of iCDK4/6 and endocrine therapy (ET) both in the 1st and in subsequent lines. The use of new drugs in real clinical practice is determined by a number of factors, including the awareness of doctors, their personal experience and subjective preferences, as well as financial support and availability in a particular region. To assess the frequency of prescription of CDK4/6, as well as other types of treatment in the 1st‑2nd line of therapy for ER+ HER2- mBC in real clinical practice in Russia, as well as to determine the factors and preferences of doctors influencing their choice, the National Association of Oncomammologists (NAOM) conducted a survey “Prometheus” of oncology specialists. From February 15 to August 30, 2023, a web survey of healthcare professionals who treat patients with mBC was conducted on the website anketolog.ru. An invitation to survey was sent out through the NAOM database, 112 questionnaires were received and processed. Earlier, in 2020, the “Prometheus” survey was conducted on the territory of the Russian Federation for a similar purpose. In this paper, we present the results of an updated and expanded survey and evaluate changes that have occurred over the past 3 years in actual clinical practice. The results of a 2023 survey conducted in the Russian Federation on the choice of early-line therapy for ER+HER2- mBC showed that, compared with the 2020 survey, the level of “trust” in iCDK4/6 has increased among practicing physicians, and the indications for their use have expanded, including visceral metastases (and even pending visceral crisis), the indications for prescribing chemotherapy in the 1st line have narrowed. When using monoET in the 1st line, the majority of respondents prescribe iCDK4/6 in the 2nd line. Obviously, the wider use of iCDK4/6 is associated not only with the accumulation of clinical knowledge and experience in the use of drugs, but also with improved drug supply. However, the main limitations to the use of iCDK4/6 are still insufficient funding and organizational difficulties. However, it should be noted that 1/5 of the respondents do not face any restrictions and widely prescribe combination therapy.

Alternative education in Russian megacities: a chance for a different school

Introduction. The relevance of the study is determined by the search for innovative ways to develop school education. The study of the history and current state of alternative education in the largest Russian cities plays a significant role in this search. Systematisation of private educational projects will help families to better orientate themselves in alternative education and avoid its destructive models. Materials and Methods. An analysis of scientific literature was conducted, and information from the websites of 665 private educational projects was collected and analyzed, including 322 from Moscow, 183 from Saint Petersburg, 57 from Yekaterinburg, and 51 each from Novosibirsk and Kazan. In-depth interviews with their leaders were conducted, focus groups with experts were held, and an analysis of federal state statistics was made. Research Results. The coverage of children by humanistic alternative education practices in Russia is less than 1%. However, over 10 years, there has been a noticeable growth in the number of educational projects outside the system. An analysis of Project websites showed that only 8% of them consider themselves to be alternative education. 43% of Projects have a license for primary educational activities. Most often, projects implement primary general education programs. 23% of projects claim to implement proprietary programs. A small number of projects are based on specific didactic systems, approaches and practices. The typology of Alternative Education Projects is made taking into account the role of the child in the formation and implementation of educational requests. The study identified three spaces of alternative education: projects supporting family education, projects with established didactic systems (program schools), and A-schools. There are destructive practices in alternative education. Conclusion. Alternative education in the large cities of Russia is diverse and includes both humanistic and other pedagogical practices, as well as a degree of uncertainty. The pedagogical practices of alternative education are difficult to typologize. This living organism continuously transforms, sensitively responding to the external environment.

Правовая природа компенсации за нарушение исключительного права

The article examines the legal nature of compensation, which is the most popular method of protecting an exclusive right in Russian judicial practice. As a result of a consistent analysis of each of the types of compensation for violation of an exclusive right it is concluded that compensation does not have a single legal nature. Compensation in a fixed amount and compensation in the form of double cost of the right of use are measures of civil liability and are restorative in nature with a moderately punitive beginning. Compensation in the form of double cost of counterfeit goods is of a mixed nature combining elements of an obligation from unjustified enrichment and responsibility.

Participation of the Prosecutor’s Office in the Protection of Socio-economic Rights of Citizens in Bankruptcy Cases: the Problem of Procedural Interaction with Arbitration Courts

The analysis of the legal basis for the participation of the prosecutor’s office in court proceedings in order to protect the most important socio-economic rights of citizens, such as labor and housing rights, in bankruptcy cases. The research focuses on the Russian and Chinese practice of procedural interaction between the prosecutor’s office and the courts in bankruptcy cases. Based on a comparative legal analysis, the author assesses the trend towards increasing the activity of the Russian prosecutor’s office to participate in arbitration proceedings as promising, but requiring regulatory legalization in order to increase the effectiveness of protecting the socio-economic rights of citizens. In order to effectively ensure legality in the field of bankruptcy, it is necessary to legislate the participation of the prosecutor in part 5 of Article 52 of the Arbitration Procedural Code of the Russian Federation for cases when bankruptcy arbitration cases affect not only housing, but also the labor rights of citizens.

PROBLEM OF THE APPLICATION OF POTESTATIVE TERMS IN CONTRACTS FOR THE PERFORMANCE OF EXPERIMENTAL DESIGN WORK IN THE FIELD OF STATE DEFENSE ORDER

The purpose of the research. The article examines the actual problems of the application of potestative (suspensive) terms in contracts for the performance of experimental design work in the field of state defense orders, highlights the specific features of the legal regulation of the legal relations in question, provides their interpretation in the legal doctrine, as well as in the current legislation of the Russian Federation. The author conducted a review of Russian judicial practice, identified and recorded its positive and negative trends. Potestative terms in a contractual obligation are definitely permissible, should not be dependent or counter, are a priori feasible by virtue of the law, are associated with the volitional actions of the party to the transaction, simultaneously responding to the sign of uncertainty and the criterion of reality, while theoretically possible in reality, although their occurrence is unknown in advance. The research is conducted in order to identify and overcome legal gaps, develop recommendations for effective law enforcement of existing norms and improve individual legal acts, norms and institutions. Results. As a result of the conducted research, the author comes to the conclusion about the practical ineffectiveness of potestative terms in contracts for the performance of experimental design work in the field of state defense orders, aggravating the legal position of the head contractor, destabilizing his financial stability in the form of an array of simultaneous claims and claims for payment of completed and accepted works.

On the issue of the security of bank payments in modern Russian practice

he interaction of the banking sector with the external environment (which is not always favorable) determines the possibility of new threats, financial losses and, as a result, the need to use tools to ensure the security of bank payments. Its development is a priority task for the banking community and falls within the sphere of interests of each participant in the settlement and payment segment. In this publication, a dynamic and factor analysis of the number and volume of fraudulent transactions with bank customers' funds is carried out. It is possible to reduce their number thanks to the joint actions of IT specialists and employees of the security services of banks, telecom operators, law enforcement agencies, and the regulator. To achieve greater efficiency in protecting client funds, the entire arsenal of available methods should be used, starting from the simplest, such as training in selfsecurity skills, and ending with complex scientific, methodological and technological methods.

Financial Risk Management in Healthcare in the Provision of High-Tech Medical Assistance for Sustainable Development: Evidence from Russia

The research determines the level of financial risk in the Russian healthcare system and identifies prospects for improving the current Russian practice of financial risk management in healthcare when providing high-tech medical care for sustainable development (using Russia as an example). The author summarizes the advanced experience of the top 20 largest healthcare organizations in Russia by revenue in 2022. Based on this experience, the author developed an SEM model of the financial risks in healthcare during the provision of high-tech medical care in Russia from a sustainable development perspective. The theoretical significance of the developed model lies in uncovering the previously unknown causal relationships between the implementation of the ICT, sustainable development support, and financial risks in healthcare. The model reveals a new market dimension of financial risks for healthcare organizations in Russia. The main conclusion is that implementing the ICT and support for sustainable development helps to reduce the financial risks in healthcare. The identified potential for reducing financial risks in providing high-tech medical care in Russia until 2026 is practically significant. This prospect can be practically applied as a roadmap for the digital modernization and sustainable development of healthcare until 2026, enhancing the state healthcare policy in Russia. The established systemic relationship between ICT implementation, sustainable development support, and financial risks in healthcare is of managerial importance because it will increase the predictability of the financial risks in the market dimension of healthcare in Russia. The newly developed approach to risk management in healthcare during the provision of high-tech medical care in Russia has expanded the instrumental framework of risk management for healthcare organizations in Russia and revealed further opportunities for improving its efficiency.

Классификация и систематизация схем недобросовестных действий, выявляемых в ходе аудита финансовой отчетности

The paper evaluates the scale of fraud and analyzes the role of auditing in its detection. Differences between corporate fraud and fraud in the context of auditing are identified. Fraud schemes related to illegal appropriation of assets and fraudulent financial reporting, including improper asset valuation, timing differences, overstatement or understatement of revenues and expenses, as well as inadequate disclosure of information, are systematized. Each scheme is illustrated with examples. Special attention is given to the peculiarities of applying fraudulent schemes in the Russian accounting practice. The research results are intended to simplify the process of assessing the fraud risks and developing responsive procedures during the audit of financial statements. The developed methodological approaches may be of interest to practicing auditors and other professionals in the field of financial control and analysis.

Принцип диспозитивности в правовых системах государств постсоветского пространства

The article analyzes the principle of discretion in civil proceedings in the states of the post-Soviet space. It has been established that in seven out of fifteen states, including Russia, it has no normative support and is exclusively a doctrinal principle. In eight states, dispositiveness is a principle of civil procedural law. Based on a comparison of the principle of discretion in the states of the post-Soviet space, as well as Russian judicial practice, the expediency of introducing Art. 5.1 “Dispositivity”, its draft is proposed.