Vinokurov V.A., Shmantsar D.A., Tishchenko A.V. —
Problems of determining the threat of harm (damage) to legally protected values in the implementation of state fire supervision
// Administrative and municipal law. – 2024. – ¹ 4.
– P. 16 - 27.
DOI: 10.7256/2454-0595.2024.4.69283
URL: https://en.e-notabene.ru/ammag/article_69283.html
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Abstract: The article is devoted to the legal problems of determining the threat of harm (damage) to legally protected values in the implementation of federal state fire supervision. Some federal laws were analyzed, as well as a number of resolutions of the Government of the Russian Federation, orders of federal state bodies, as well as current regulatory legal acts establishing the obligation of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia to make decisions taking into account the presence (absence) of a threat of harm to human life and health; examples from judicial practice are given. The conducted research made it possible to identify problems in the practical implementation of the duties of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia.
The research methodology included the use of general scientific research methods (synthesis, analysis, generalization) and specialized methods (formal legal, comparative legal, etc.).
As a result of the analysis, from a scientific and practical point of view, conclusions are formulated about the absence in the current legislation of a legal mechanism according to which the state inspector for fire supervision has the opportunity to justify by an expert opinion the presence (absence) of a threat to human life and health at a supervised facility in order to conduct an unscheduled control and formulate proposals.
Vinokurov V.A. —
The Central Bank of the Russian Federation and human rights in Russia
// Legal Studies. – 2023. – ¹ 6.
– P. 36 - 47.
DOI: 10.25136/2409-7136.2023.6.40960
URL: https://en.e-notabene.ru/lr/article_40960.html
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Abstract: In the article, based on the norms of the Constitution of the Russian Federation and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the legal position of the Bank of Russia is considered and the author's definition of this organization formed by the state is proposed. As a result of the analysis of these regulatory legal acts, it was established that the acts of the Bank of Russia restricting the rights and freedoms of a person and citizen in the Russian Federation regarding the use of their property are issued in violation of constitutional norms and the norms of the federal law regulating its activities.
It is revealed that in the Russian Federation there is no state body that monitors (supervises) the observance by the Central Bank of the Russian Federation of human and civil rights and freedoms.
In conclusion, in order to correct the current situation, which allows the Bank of Russia to make decisions that illegally restrict the rights and freedoms of a person and citizen in the Russian Federation, proposals for changing the legislation are formulated.
The novelty of the presented research consists in an attempt to determine the organizational and legal form of the Central Bank of the Russian Federation, based on legislative norms that are not taken into account by other authors, as well as to determine the legality of decisions taken by the Bank of Russia that restrict the rights and freedoms of man and citizen in the Russian Federation