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Publications of Kolesnichenko Ol'ga Viktorovna
Law and Politics, 2020-8
Kolesnichenko O.V. - pp. 18-32

DOI:
10.7256/2454-0706.2020.8.33119

Abstract:
Financial Law and Management, 2018-4
Kolesnichenko O.V. - Comparative Characteristics of Reimbursement System to Compensate for Injury Used by the Foreign States (the Case Study of Italy, Germany and Great Britain) pp. 37-43

DOI:
10.7256/2454-0765.2018.4.29999

Abstract: The article is devoted to comparative analysis of reinbursement systems used by the foreign states to compensate for injury. The aim of the research is to find promising areas for developing Russian laws, judicial practice and doctrine by using the experience of the foreign states. The subject of the research is the legislation and judicial practice as well as legal doctrines of Italy, Germany and Great Britain. The author uses the experience of the foreign states that have developed different approaches to defining the volume and nature of injury reimbursement. The methodological basis of the research is general philosophical (materialistic and dialectical), general research (logical, structured systemic, axeological), specific scientific (hermeneutical analysis and strategic assessment method) and special research methods (structural legal, comparative legal and formal legal methods). The author demonstrates that despite differences in their laws, Italy, Germany and Great Britain determine the size of income lost based on a combination factors and quite often do not require the proof of actual loss, neither they demand that an individual is deprived of a right for free health care. Thus, the 'non-material loss' doctrine is not limited to evaluation of moral and physical suffering of an individual but is aimed at returning an individual to the position he or she was in before the right was violated. The scientific novelty of the research is caused by the fact that the author describes prospects for improving Russian law and legal practice including a shift away from a traditional definition of non-material harm viewed mostly as moral suffering resulting from injury; substantiation of the need in integral assessment of lost capabilities and increased physical needs as a result of injury; refusal from the criterion 'no right for free health care' and adoption of the criterion of reasonable loss based on integral assessment of injury consequences. 
Administrative and municipal law, 2017-12
Kolesnichenko O.V. - Establishment of Specialized services on Funeral Business in Municipalities: Problems of Defining Organizational and Legal Form pp. 62-68

DOI:
10.7256/2454-0595.2017.12.24370

Abstract: The subject of the research is the legislation and judicial experience in organisation and performance of specialized funeral services in municipalities. The author examines the problems of determining the legal status of specialized funeral services created in municipalities in order to provide the population with a guaranteed list of burial services within the framework of addressing issues of local importance. The main approaches to the definition of the organizational and legal form of a specialized service for funeral matters when it is created are identified and studied. The methodological basis of the research included dialectical research method that is based on the principles of versatility, objectivity and co-relation of studied phenomena, general research methods (anaysis, synthesis, deduction, induction, analogy, etc.) and special research methods (analytical systems approach, complex analysis, legalistic analysis, etc.). On the basis of the conducted research, the author proposed to bring the provisions of the Federal Law "On Burial and Funeral Affairs" in line with the Federal Law "On General Principles of Organization of Local Self-Government", giving local governments the opportunity to exercise their powers in the funeral business in various ways that do not contradict civil law.
Police activity, 2017-2
Kolesnichenko O.V. - Peculiarities of determination of a fact of official duties performance for the purpose of implementation of government guarantees of compensation of damage to life and health of public law-enforcement officers pp. 35-46

DOI:
10.7256/2454-0692.2017.2.21806

Abstract: The article considers the problems of linking death or bodily injuries of a public law-enforcement officer with official duties performance. The author analyzes the legislation and the judicial practice, gives attention to disputable aspects of differentiation of a legal status of persons, suffering from such damage in the result of implementation of important functions of law-enforcement agencies, and persons, harmed in the process of performance of other duties. The author formulates recommendations, aimed at the development of the system of insurance and other guarantees in this sphere. The research methodology is based on the dialectical method of scientific cognition, general scientific methods (analysis, synthesis, deduction, induction, analogy) and specific research methods (system-analytical, complex, formal-legal, etc.). The author suggests finding out, whether the damage was caused by the actions of other persons or the actions (or negligence) of the damaged person himself/herself, to define the link between death or bodily injuries of a public officer with the performance of his/her official duties. The author substantiates the necessity to transfer the task of determination of causal link from military physician boards to permanent payment commissions. 
Law and Politics, 2011-2
Kolesnichenko O.V. -
Abstract:
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