Grigorev I.V. —
Anti-corruption components of the legal status of municipal employees
// NB: Administrative Law and Administration Practice. – 2022. – ¹ 3.
– P. 69 - 79.
DOI: 10.7256/2306-9945.2022.3.38402
URL: https://en.e-notabene.ru/al/article_38402.html
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Abstract: The implementation of the National Anti-Corruption Plan for 2021-2024 revealed the need for a scientific analysis of the problems of legal regulation of the regulation of anti-corruption components of the legal status (status) of municipal employees. The subject of the study are normative and methodological sources that consolidate the rights, duties and prohibitions related to municipal service, as well as mechanisms for their implementation. The author examines in detail the practical problems arising in the application of anti-corruption legislation related to the rights of municipal employees to perform other paid work, to purchase and own securities, the obligation to notify about the possible occurrence of a conflict of interest, the restriction of donation in connection with the exercise of professional official activity, the presentation of information and income, expenses, property and property obligations. Special attention is paid to some legal positions of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation) and courts of general jurisdiction related to the peculiarities of the legal status of employees. The scientific novelty of the article is determined by the fact that it is a comprehensive study of the problems of legal regulation of anti-corruption components of the legal status (status) of municipal employees. The main conclusions of the study are the identified gaps and conflicts in the regulation of the issues under consideration. In addition, an assessment is given of the formed judicial practice in cases on the statements of prosecutors about the appeal to the income of the Russian Federation of property in respect of which evidence of its acquisition for legitimate income is not provided. Among the most significant results are the formulated proposals for improving the current federal legislation on combating corruption in the municipal service system.
Grigorev I.V. —
National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers
// Law and Politics. – 2021. – ¹ 9.
– P. 166 - 175.
DOI: 10.7256/2454-0706.2021.9.36332
URL: https://en.e-notabene.ru/lpmag/article_36332.html
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Abstract: The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.
Grigorev I.V. —
Legal regulation of pension security of the migrant workers in Russia
// Law and Politics. – 2020. – ¹ 8.
– P. 94 - 111.
DOI: 10.7256/2454-0706.2020.8.33364
URL: https://en.e-notabene.ru/lpmag/article_33364.html
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Abstract: The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.
Grigorev I.V. —
Legal regulation of pension security of the migrant workers in Russia
// Law and Politics. – 2020. – ¹ 8.
– P. 94 - 111.
DOI: 10.7256/2454-0706.2020.8.43358
URL: https://en.e-notabene.ru/lamag/article_43358.html
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Abstract: The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.
Grigorev I.V. —
Impact of proliferation of the new COVID-19 infection upon the changes social security legislation
// Law and Politics. – 2020. – ¹ 7.
– P. 74 - 84.
DOI: 10.7256/2454-0706.2020.7.33218
URL: https://en.e-notabene.ru/lpmag/article_33218.html
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Abstract: The subject of this research is the changes in the Russian social security legislation during the spread of new COVID-19 infection. The article examines the transformation of material legal relations associate with granting allowance for temporary incapacity for work, unemployment compensations, lump-sum payments and monthly payments to families with children. The author meticulously analyzes the questions of legal regulation of the additional compensations to various categories of citizens, established by the normative legal acts of the constituent entities of the Russian Federation. Special attention is paid to the implementation of distance interaction of citizens with the social security bodies of the Russian Federation, as well as the possibility to render assistance without the need to apply. The scientific novelty of this work consists in the comprehensive research of the dynamics of social security legislation aimed at neutralization of negative consequences of proliferation of the new COVID-19 infection and maintenance of the level of well-being of the citizens. The author’s special contribution lies in determination and analysis of the grounds for granting social security at the time of pandemics, as well as changes in the size of compensations. The conclusion is made on underutilization of resources of the compulsory social insurance, which led to the need for implementation of a set of new measures on social security of the citizens on the federal and regional levels.
Grigorev I.V. —
Impact of proliferation of the new COVID-19 infection upon the changes social security legislation
// Law and Politics. – 2020. – ¹ 7.
– P. 74 - 84.
DOI: 10.7256/2454-0706.2020.7.43354
URL: https://en.e-notabene.ru/lamag/article_43354.html
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Abstract: The subject of this research is the changes in the Russian social security legislation during the spread of new COVID-19 infection. The article examines the transformation of material legal relations associate with granting allowance for temporary incapacity for work, unemployment compensations, lump-sum payments and monthly payments to families with children. The author meticulously analyzes the questions of legal regulation of the additional compensations to various categories of citizens, established by the normative legal acts of the constituent entities of the Russian Federation. Special attention is paid to the implementation of distance interaction of citizens with the social security bodies of the Russian Federation, as well as the possibility to render assistance without the need to apply. The scientific novelty of this work consists in the comprehensive research of the dynamics of social security legislation aimed at neutralization of negative consequences of proliferation of the new COVID-19 infection and maintenance of the level of well-being of the citizens. The author’s special contribution lies in determination and analysis of the grounds for granting social security at the time of pandemics, as well as changes in the size of compensations. The conclusion is made on underutilization of resources of the compulsory social insurance, which led to the need for implementation of a set of new measures on social security of the citizens on the federal and regional levels.
Grigorev I.V., Kudryashova N.A. —
The role of the Prosecutor’s Office of the Russian Federation in protection of citizens’ right to essential medicines
// Law and Politics. – 2019. – ¹ 8.
– P. 130 - 139.
DOI: 10.7256/2454-0706.2019.8.30407
URL: https://en.e-notabene.ru/lpmag/article_30407.html
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Abstract: The subject of this research is the peculiarities of the work of Prosecutor’s Office of the Russian Federation pertinent to protection of citizens’ rights to essential medicines. The article examines the questions of legal regulation on the citizens’ access to essential medicines, as well as the powers of the Prosecutor’s Office in this regard. The authors meticulously analyze the results of prosecutors’ oversight activities in different subjects of the Russian Federation for the past two years. Special attention is given to the prosecutors’ work on eliminating violations and introducing recommendations on lodging complaints with the court. The scientific novelty lies in the comprehensive study of legal issues related to the protection of citizens’ right to essential medicines by the Prosecutor’s Office of the Russian Federation. Among the most meaningful results obtained in the course of this research is the formulation of proposition on improving the current legislation on the protection of citizens’ health, subject of prosecutor’s oversight and administrative liability for violating citizens’ rights, as well as the established law enforcement practice.
Grigorev I.V., Zueva K.A. —
Usage of information technologies as a new vector of exercising civil rights to social protection
// Law and Politics. – 2019. – ¹ 7.
– P. 13 - 22.
DOI: 10.7256/2454-0706.2019.7.30205
URL: https://en.e-notabene.ru/lpmag/article_30205.html
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Abstract: The subject of this research is the citizens’ opportunity to exercise their rights via using modern information technologies. The article examines the peculiarities associated with enjoyment of civil rights to social protection. The author carefully analyze the questions of implementation of the Unified State Information System for Social protection and Unified Portal of Public and Municipal Services; their usage potential by the citizens in the area of social protection and development prospects. Special attention is given to implementation of electronic interaction between citizens and social protection bodies of the subjects of Russian Federation. The scientific novelty lies in the comprehensive study of legal issues pertinent to citizens’ exercise of their rights to social protection via using information technologies and systems. Among most significant results obtained in this research is the formulation of proposals on the improvement of current legislation in the area of exercising, as well as the established law enforcement practice.
Grigorev I.V., Zueva K.A. —
Usage of information technologies as a new vector of exercising civil rights to social protection
// Law and Politics. – 2019. – ¹ 7.
– P. 13 - 22.
DOI: 10.7256/2454-0706.2019.7.43255
URL: https://en.e-notabene.ru/lamag/article_43255.html
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Abstract: The subject of this research is the citizens’ opportunity to exercise their rights via using modern information technologies. The article examines the peculiarities associated with enjoyment of civil rights to social protection. The author carefully analyze the questions of implementation of the Unified State Information System for Social protection and Unified Portal of Public and Municipal Services; their usage potential by the citizens in the area of social protection and development prospects. Special attention is given to implementation of electronic interaction between citizens and social protection bodies of the subjects of Russian Federation. The scientific novelty lies in the comprehensive study of legal issues pertinent to citizens’ exercise of their rights to social protection via using information technologies and systems. Among most significant results obtained in this research is the formulation of proposals on the improvement of current legislation in the area of exercising, as well as the established law enforcement practice.
Grigorev I.V., Kripak M.V. —
Particular Features of Disciplinary Liability of Public Employees for Corruption Offences
// Administrative and municipal law. – 2018. – ¹ 5.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2018.5.26604
URL: https://en.e-notabene.ru/ammag/article_26604.html
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Abstract: The article is devoted to particular problems of the legal regulation of disciplinary liability of state officials in case they violate the anti-corruption law. The authors of the article analyze particular elements of the legal status of officials that are of anti-corruption nature. They outline the problems that relate to a possibility of imposing a punishment on state officials, in particular, dismissal as a result of the loss of confidence. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation regarding bringing state officials to disciplinary liability. The methodological basis of the research included general research methods such as systems analysis and generalisation of normative, scientific and practical guidelines; as well as special research methods, in particular, comparative law method, technical legal method, and etc. The novelty of the research is caused by the fact that it presents an integral research of legal issues that relate to disciplinary responsibility of state officials. One of the most important results of the research is the authors' recommendations on improving the current law on corruption of state officials and analysis of current law enforcement practice on the matter.
Grigorev I.V., Shaikhatdinov V.S. —
Pension Provision of Individuals Who Served at State Agencies and Now Perform Law-Enforcement Functions as Well as Their Family Members
// Police activity. – 2018. – ¹ 3.
– P. 12 - 19.
DOI: 10.7256/2454-0692.2018.3.27256
URL: https://en.e-notabene.ru/pdmag/article_27256.html
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Abstract: The authors of the article discuss the legal regulation of pension provision of individuals who served at state agencies and now perform law-enforcement functions as well as their family members. The authors analyzed the basis for differentiating legal regulation of social protection of public servants. The problems of establishing and calculating pensions for years of service, disability and loss of the breadwinner are highlighted. The main legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the issues of pensions for persons serving at law-enforcement bodies and their family members are outlined. The methodological basis of the work consists of general scientific methods of systems analysis and synthesis of regulatory, scientific and practical materials and special research methods such as comparative law method, technical and legal analysis, etc. The novelty of the research is determined by the fact that it is a comprehensive study of the legal issues of pensions for persons serving at law-enforcement agencies and their family members. The most significant results of the research are the formulated proposals for improving the current legislation of pensions as well as current law-enforcement practice.
Grigorev I.V., Shaikhatdinov V.S. —
Pension Provision of Individuals who Served at State Law Enforcement Authorities and Their Families
// NB: Administrative Law and Administration Practice. – 2018. – ¹ 3.
– P. 7 - 14.
DOI: 10.7256/2306-9945.2018.3.27308
URL: https://en.e-notabene.ru/al/article_27308.html
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Abstract: The article is devoted to particular issues of the legal regulation of pension provision of individuals who served at law enforcement authorities, and their family members. The authors of the article have analyzed the grounds for differentiating the legal regulation of the social security for civil servants. They outline issues that may arise in the process of granting and calculating pensions for employment years, disability pension or loss of the breadwinner. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federations regarding pension provision of law enforcement officials and their family members. The methodological basis of the research is the general research methods, in particular, systems analysis, and generalisation of theoretical and practical materials, and special research methods such as comparative law method, technical legal analysis, etc. The novelty of the research is caused by the fact that the authors carry out a complex analysis of the legal issues of that may arise in the process of pension provision of law enforcement officials and their family members. The most important results of the research include the authors' recommendations regarding improving the current legislation on pension provision as well as law enforcement practice.
Grigorev I.V. —
Gaps and collisions in the legislation on anticorruption in state civil service of the Russian Federation
// Law and Politics. – 2016. – ¹ 10.
– P. 1258 - 1264.
DOI: 10.7256/2454-0706.2016.10.20314
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Abstract: This article explores the peculiarities of the legal regulation of anticorruption measures in the state civil service of the Russian Federation. The author analyzes the key issues in civil servants reporting income, expenses, property, as well as verification of these reports. Analysis is conducted on separate element of the legal status of civil servants that carry anticorruption character. The author highlights the issues pertaining to the possibility of bringing civil servants to disciplinary accountability for violations of corruption nature. The novelty of this research consists in the fact that in represents a comprehensive research of the legal issues of anticorruption measures in state civil service of the Russian Federation. The author formulates a proposal to improve the current civil legislation and legislation on state civil service.
Grigorev I.V. —
Gaps and collisions in the legislation on anticorruption in state civil service of the Russian Federation
// Law and Politics. – 2016. – ¹ 10.
– P. 1258 - 1264.
DOI: 10.7256/2454-0706.2016.10.42992
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Abstract: This article explores the peculiarities of the legal regulation of anticorruption measures in the state civil service of the Russian Federation. The author analyzes the key issues in civil servants reporting income, expenses, property, as well as verification of these reports. Analysis is conducted on separate element of the legal status of civil servants that carry anticorruption character. The author highlights the issues pertaining to the possibility of bringing civil servants to disciplinary accountability for violations of corruption nature. The novelty of this research consists in the fact that in represents a comprehensive research of the legal issues of anticorruption measures in state civil service of the Russian Federation. The author formulates a proposal to improve the current civil legislation and legislation on state civil service.