Vinokurov V.A. —
The wage system in public higher education institutions as a prerequisite for corruption
// Administrative and municipal law. – 2025. – ¹ 2.
– P. 44 - 56.
DOI: 10.7256/2454-0595.2025.2.73485
URL: https://en.e-notabene.ru/ammag/article_73485.html
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Abstract: The subject of the study is the current system of remuneration for teaching staff in public universities. The analysis of the legal norms on the basis of which remuneration is carried out, including for these employees, provides examples of the implementation of these norms, which in some cases lead to corruption. Regarding the indicators and criteria for evaluating the work of the teaching staff, which do not correspond to the essence of scientific work and do not give real assessments in teaching, the statements of scientists and specialists are quoted, with which the author of the article agrees. The system of remuneration of teaching staff in the USSR is considered. The work uses general scientific methods, including the analysis of legislation on the stated topic, the study of emerging phenomena, and their interpretation. The author came to the conclusion that a system of remuneration for teaching staff has been created at the state level, which does not reflect the contribution of scientists and university professors to the development of the country in the field of education, which nullifies all the efforts of those who are trying to provide training at a high professional level. At the same time, this system generates violations on the part of the organizers of the educational process related to the appropriation of unpaid funds by the teacher, that is, prerequisites for corruption are created. To eliminate these problems, it is proposed to introduce fixed high salaries for the teaching staff (about twice as high as the national average salary) at all state universities, following the example of how it was done in the Soviet Union, eliminating various kinds of allowances and surcharges, the payment of which depends on the subjective opinions of managers and on mechanical indicators.
Vinokurov V.A., SHafigulin K.V. —
Defects in the legislative regulation of medical services for the patient, considered as services for the consumer
// Administrative and municipal law. – 2024. – ¹ 6.
– P. 99 - 111.
DOI: 10.7256/2454-0595.2024.6.70731
URL: https://en.e-notabene.ru/ammag/article_70731.html
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Abstract: In the daily activities of medical institutions, bodies controlling the work of medical institutions, as well as judicial authorities, problems arise with the definition of medical services, which, on the one hand, is included in the list of services to the consumer, and on the other hand, has its own characteristics, which is important to resolve the issue of determining responsibility for the poor-quality provision of medical services provided to the patient.
The aim of the study was to understand the regulatory and legal consolidation of the concepts of "service" and "medical service", primarily on the basis of the norms of the Law of the Russian Federation "On Consumer Rights Protection" and the Federal Law "On the Basics of Health protection of Citizens of the Russian Federation". The need for the analysis is due to errors and ambiguities inherent in legislative acts. The draft law submitted to the State Duma in March 2024, aimed at eliminating obvious inconsistencies in the provision of medical services, which in this context are proposed to be called medical care, has been critically considered.
When working on the article, general and private scientific methods were used – analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms.
As a result, proposals have been formulated to amend legislation according to which the relations that will arise when providing medical care to citizens both within the framework of the program of state guarantees of free medical care to citizens and when providing paid medical care should be regulated by the provisions of the Federal Law "On the Basics of Protecting the Health of Citizens of the Russian Federation", which will allow to comply with the constitutional norm, on the right of everyone to health protection and medical care.
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