Usov A.Y., Nesterova N.A. —
On the role of the prosecutor in protecting the labor rights of minors
// Politics and Society. – 2024. – ¹ 4.
– P. 40 - 54.
DOI: 10.7256/2454-0684.2024.4.72589
URL: https://en.e-notabene.ru/psmag/article_72589.html
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Abstract: The subject of the research is the prosecutor's protection of the labor rights of minors. The authors of the article investigate not only the features of prosecutorial supervision over the observance of labor rights of citizens under the age of 18, but also analyze other types of prosecutorial activities in this area. The paper pays attention to the specifics and legal grounds for the participation of prosecutors in the consideration of labor disputes by the courts. Proposals have been formulated on the specifics of the implementation of legal education by prosecutors among employers, as well as underage workers. In order to distinguish between the subject of prosecutorial supervision and the competence of state control bodies in the studied area, the issues that are subject to verification by the prosecutor are reflected, and the limits of prosecutorial activity are outlined. In the course of the study, the authors applied the method of statistical analysis of data on the number of violations of the labor rights of minors identified by prosecutors. Comparing this information with data on the number of claims filed by prosecutors allowed us to establish that the number of cases of prosecutors send to courts is relatively small. The scientific novelty of the research lies in the systematization of knowledge about the role of the prosecutor in protecting the labor rights of minors. The paper also formulated separate proposals for improving this type of prosecutorial activity. In particular, a legal justification has been developed for the prosecutor's right to bring the cases to court in order to protect the labor rights of a minor employee, even in cases where the minor himself does not want to file a written application with the prosecutor's office, but the violation of his labor rights is significant. In addition, the research contains proposals to tighten administrative responsibility for violations of the labor rights of minors.
Usov A.Y. —
On the organization of prosecutorial and supervisory support for the implementation of the national project “Ecological Well-Being”
// NB: Administrative Law and Administration Practice. – 2024. – ¹ 2.
– P. 63 - 74.
DOI: 10.7256/2306-9945.2024.2.71106
URL: https://en.e-notabene.ru/al/article_71106.html
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Abstract: The author examines the relations between the Prosecutor's Office of the Russian Federation and supervisory support in the field of implementation of a national project in the field of ecology. The subject of the research is the practice of the prosecutor's offices of the constituent entities of the Russian Federation and the Prosecutor General's Office of the Russian Federation, the case law of the Supreme Court of the Russian Federation, the legislation of the Russian Federation and organizational and administrative documents of the Prosecutor General of the Russian Federation, the works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method; system method; methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The author examines the organization of supervisory support for national projects, in particular, the problems that arise during work with sources of information about violations of laws, the organization of systemic information interaction with the objects being inspected, the distribution of responsibilities among prosecutors, the formation of departmental reporting, interaction with specialists (experts) during inspections, as well as during inspections at various stages of implementation of national projects. The work classifies typical violations and analyzes specific examples at various stages of national project implementation, such as: organizing and conducting procurement; implementation of government contracts; payment of government contracts and other expenditure of budget funds; organization and implementation of subsequent maintenance of purchased equipment and constructed facilities. The author also substantiates the need to create a single expert institution in the Russian Federation.
Usov A.Y. —
On the powers of the prosecutor to initiate disciplinary proceedings
// Law and Politics. – 2023. – ¹ 10.
– P. 15 - 23.
DOI: 10.7256/2454-0706.2023.10.68746
URL: https://en.e-notabene.ru/lpmag/article_68746.html
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Abstract: The object of scientific research is the social relations that develop in the sphere of application by prosecutors of the Russian Federation of powers to initiate disciplinary proceedings. The subject of the study is the practice of prosecutor's offices of the Russian Federation in bringing guilty persons to disciplinary liability, legislation of the Russian Federation and foreign countries, organizational and administrative documents of the Prosecutor General of the Russian Federation, works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method, methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The main conclusions of the study are to substantiate the mandatory requirement of the prosecutor to bring the perpetrators to disciplinary liability, since this is dictated not so much by the formal requirements of statistical reporting, but by the need to ensure the prevention of law violations. The scientific novelty lies in the proposals formulated by the author to legislatively consolidate the powers of the prosecutor or his deputy to initiate disciplinary proceedings, mandatory for the authorities specified in paragraph 1 of Article 21 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”. The work contains specific proposals for amending Article 21 of the Law on the Prosecutor's Office.
Usov A.Y. —
Prosecutor's science: current state and development trends
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 4.
– P. 1 - 8.
DOI: 10.7256/2306-9945.2023.4.44189
URL: https://en.e-notabene.ru/al/article_44189.html
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Abstract: The article is devoted to the study of the history, current state and trends in the development of prosecutorial science in the Russian Federation. Currently, legal science is undergoing a reform associated with the process of consolidation of scientific specialties. The article defends the need to preserve prosecutorial science as an independent branch of legal knowledge, characterized by a whole galaxy of outstanding scientists engaged in the study of the theory of prosecutorial activity, an independent system of scientific and educational organizations that form scientific schools in this area, and, finally, a detailed elaboration of the scientific foundations of the functions and areas (areas) of the prosecutor's office, a doctrinal approach to the development and functioning of the prosecutor's system. The main conclusions of the conducted scientific research are the ideas that at present there is a steady trend towards the separation of prosecutorial science into an independent branch of scientific knowledge. The article also contains proposals for a more detailed definition of the scientific branch 5.1.2 – "Public law (state law) sciences" of the content of scientific research devoted to prosecutorial science, which, in addition, would make it possible to more accurately distinguish scientific research also devoted to the study of prosecutorial supervision, which, however, are conducted within the framework of scientific branch 5.1.4 "Criminal law sciences".