DOI: 10.7256/2454-0595.2021.6.31839

Abstract: This article explores the following aspects: increase in the number of audits of small and medium-sized businesses; information awareness of small and medium-sized businesses about the reform of the means of control and supervision in the Russian Federation; availability of information on mandatory requirements. The year 2019 was transitional, and its results allowed assessing the effectiveness and forecasting the prospects of the reform of control and supervision activity. The scale of the ongoing reform is enormous. However, it remains relevant whether the small and medium-sized businesses are informed about such transformations The scientific novelty consists in tracing the interrelation between dissatisfaction among the representatives of small and medium-sized businesses with the implemented control and supervisory activity and their awareness of the reform in the Russian Federation, as well as the availability of information on mandatory requirements. The conclusion is made on the need to develop and implement the project aimed at informing small and medium-sized businesses about the implementation of the reform of the means of control and supervision in the Russian Federation, as well as the conditions for their operation within the framework of the reform. The author also offers to introduce the system of common register of mandatory requirements and guidelines for their observance in accordance with the type activity on the single web portal with the option of the first-party audit.

DOI: 10.7256/2454-0595.2021.6.31549

Abstract: The subject of this research is the analysis of international standards of the human right to health care and possibility of its codification in the Constitution of Ukraine. The author examines the standards of the human right to health in the basic international acts; determines their role in ensuring the implementation of the human right to health care; analyzes their implementation and entrenchment in the Constitution of Ukraine. The article employs the method of analogy and analysis for examination of the full scope of international health legislation and the feasibility of its implementation. It is proven that the level of implementation of international legislation is extremely low despite of all formal efforts. The author formulates recommendations for amending the Constitution of Ukraine that would allow accelerating the vector of changes in legislation for the purpose of protecting citizens.

DOI: 10.7256/2454-0595.2021.6.37330

Abstract: This article examines the problem of correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, established by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. Based on the use of relevant general scientific and special legal methods, the author reveals the peculiarities of administrative responsibility for the dissemination of deliberately misleading information, as well as determines the problematic aspects of the current legal regulation. Analysis is conducted on the composition and elements of an administrative offense set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. For establishing correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, relying on the theoretical material and practice of application of the norms of the Administrative Code of the Russian Federation, the author covers the aspects of formulation of the categorical apparatus of the indicated norm, proportionality of the specified administrative responsibility and difficulties of proving the guilt of the offender. The scientific novelty consists in the fact that this topic has not previously become the subject of separate research. The author formulates the provisions, according to which the current version of the Administrative Code of the Russian Federation with regards to the norm set by the Part 10.1 of the Article 13.15 allows for extensive interpretation of information prohibited for dissemination, and makes it virtually impossible to prove the falsity of disseminated information. The conclusion is made that the application of the norm set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation may entail the restriction of guarantees of the freedom of expression and press freedom.

DOI: 10.7256/2454-0595.2021.6.32445

Abstract: This article is dedicated to substantiation of the specificity of public administration in the sphere of forced migration; reveals the specifics of this type of migration and peculiarities of its administrative-legal regulation. The goal lies in obtaining the theoretical conclusions and developing practical recommendations for the improvement of the system of governance of forced migration in Russia. The object of this research is public administration in the sphere of forced migration. The subject is a set of norms of administrative law of the Russian Federation that establish general provisions of the governance of forced migration, as well as determine the actors, institutions and mechanisms used in the process of ensuring the functionality of the system of acceptance of forced migrants. Within the framework of this research, the author outlines the methods for solve the identified problems in the sphere of governance of forced migration in Russia. Analysis is also conducted on recent changes in legislation that have not previously become the subject of a separate research. The ongoing developments in the sphere of forced migration are examined for the first time since delegation of powers in this sphere to the Russian Ministry of Internal Affairs.

DOI: 10.7256/2454-0595.2021.6.34200

Abstract: This article explores the impact of the state upon competition in the banking sector through the issuance of legal acts and state participation in the capital of banks. The author reviews the peculiarities of the legal writing of the acts that establish the criteria for the admission of banks to banking operations. The article examines the legal positions of the Federal Antimonopoly Service and the Central Bank in cooperation with the position of the Government of the Russian Federation. Analysis is conducted on the law enforcement practice on the issue of bringing to responsibility for anti-competitive actions that involve the market of banking services. The author considers the peculiarities of legal status of individual participants on the market of banking services that are essential for the competition. It is substantiated that the state has strong impact upon competition in the banking sector through the issuance of legal acts and via participation in the capital of banks. The aspects of inequality in the legal status of banks, among which is the factor of state participation in the capital, are currently neglected. In certain instances, state participation is indirectly recognized as a factor that indicates reliability of the bank, while the antimonopoly regulation proceeds from the opposite; this contradiction should be eliminated. In practice, state-owned banks hold dominant position in the banking sector of the economy. Sberbank deserves particular attention as the largest bank in the region in economic terms, as well as a special legal phenomenon, subcategory within the category of commercial banks in theoretical and legal terms. Despite the actual importance of state-owned banks, such organizations do not form a separate legal category due to the heterogeneity or absence of clear idea of the state-owned bank.