Complex legal organizational economic. The rescue. Administrative and legal regulation in the economic and service complex

Modern small business operates within the framework of legislative norms that establish a number of restrictions on the mode of work and rest of employees, social guarantees and labor safety. Individual entrepreneurs and owners of small enterprises must comply with the norms of the Civil Code, environmental, environmental and epidemiological legislation, contractual and financial law. Features should always be in the field of their attention. tax law and consumer protection law.

The economic and legal regulation of the activities of a small enterprise is not only external in nature, associated with the need to use laws issued by the state. Of great importance is the internal streamlining of business processes and relationships between employees of the enterprise, based on internal legal acts and documents - orders and instructions, internal labor regulations, provisions on remuneration and bonuses to employees, job descriptions, guidelines for working with clients, codes of business ethics adopted by small businesses. The external and internal (private) legislative environment in which small businesses operate forms a legal field that has both general and special characteristics (see Fig. 1).

Figure 1 shows that the legal field in which a small business operates is made up of an external legislative environment that is universal for small businesses, and internal environment(private law), which is always individual for any company.

Both the external and internal legal environment of a small business do not remain static and unchanged over time. Legislative and executive power constantly modifies and improves existing legal acts, creates new ones and cancels old ones. Almost every year, the rules of the game for small businesses change in terms of changes in tax rates and local coefficients, rules for accounting And financial reporting, interaction with pension fund, funds of social and compulsory health insurance. Along with the legal environment, the technologies of interaction with government bodies are also changing, which are increasingly shifting to the Internet.

In accordance with the change legislative framework and market conditions, the legal field of a small business is also changing. To increase competition from similar enterprises, small business owners are introducing new systems of remuneration and bonuses for employees, tightening disciplinary practices (regulating the consumption of alcohol by employees not only at work, but also after hours; stricter approach to the disclosure of official information, theft of intellectual property). Approaches to interactions with partners, suppliers and financial and credit organizations are also changing, relations with which are being transferred to a more advanced legal platform.

Due to the constant changes in the external legal environment and the economic situation in the markets, small business owners have to keep their finger on the pulse all the time, monitoring legislative changes in the macro environment and making appropriate adjustments to internal legal documentation. It is practically impossible to do this alone, without relying on the support of specialists from various branches of law. Therefore, owners of small businesses are left with a choice - either to hire a lawyer on staff, or to seek qualified legal advice from a specialized firm on a one-time basis or on a subscription basis.

But maybe you can do without the services of lawyers, saving on their wages? In principle, this is possible, but only until the flaws associated with the lack of systematic legal work begin to break out. And then unreasonable savings turn into multiple losses from lawsuits, penalties and various kinds of sanctions. It is possible to resolve the situation only with the help of high costs for invited lawyers and court costs. In other words, it turns out that the miser pays twice. Let us explain what has been said as follows.

Acting in conditions of market uncertainty, small businesses take on various risks- they can be let down by business partners, suppliers fail to fulfill their obligations, present unreasonable claims by tax and customs authorities. Cases of unfair competition, extortion, raiding and similar circumstances can never be ruled out.

In an effort to protect yourself and limit possible risks, owners of small businesses seek the services of professional lawyers who, on a reimbursable basis, implement by their actions:

but) protection and legal function- that is, using their experience and professional knowledge, they protect the interests of the client from possible claims and encroachments of third parties with the help of the law and the necessary legal procedures. By paying for the services of lawyers, owners of small enterprises provide their business with intellectual protection within the framework of national and international law.

b) the function of internal regulation of managerial and organizational issues within the enterprise. It is known that the daily activities of any legal entity are associated with the issuance of many orders and instructions, with the regulation of official prerogatives and powers of certain units or persons, with issues of hiring and firing, paying salaries and bonuses. These and other issues are resolved not arbitrarily, but in compliance with labor, financial, environmental and other laws that protect all participants in joint activities from abuse. Qualified legal assistance in these matters is essential.

in) economic function. By implementing economic activity, individual entrepreneurs and legal entities are constantly faced with the problems of paying taxes correctly, concluding adequate contracts with suppliers and trade organizations, with litigation with other market participants, as well as with regulatory and supervisory authorities.

Needless to say, the amounts of claims brought against counterparties of transactions are sometimes quite significant. The losses associated with the incorrect payment of taxes can be large - the payer enterprise may have legal preferences, deductions and tax holidays, but due to poor knowledge of tax and financial law, lose monthly cash. Good specialist in the field of taxes, financial and credit legislation, as well as other branches of law (for example, legislation on disabled people working at an enterprise) will save a legal entity from payments where it is not needed. The above triad of legal services is the basis of legal support for small businesses.

Functioning of the Unified state system warning and emergency response is carried out as the activity of all organizational structures of the warning and emergency response system for planning, preparing and implementing a set of organizational, socio-economic, engineering and special measures, as well as the actions of the forces and means included in this system, in order to prevent and eliminate emergency situations.

Measures for the prevention and liquidation of emergency situations called a set of organizational actions aimed at solving any of the tasks of preventing or eliminating emergency situations performed by bodies day to day management, forces and means of territorial, functional and departmental subsystems of the Unified State System for Prevention and Action in Emergency Situations.

The most important in the Unified State Emergency Service are the prediction and prevention of emergencies and the prevention of the occurrence of a source of emergencies.

Emergency Prevention(prevention of emergency situations) is the prediction and prevention of situations, timely informing the authorities and day-to-day management and the population about the likelihood or inevitability of an emergency and advance preparation for it, as well as warning the population about its onset or immediate threat.

Forecasting emergency situations(forecasting emergencies) is carried out as the development of a probabilistic representation of the marginal risk of emergencies and undesirable states of potentially dangerous objects in a certain area, as well as quantification probable damage.

Emergency Prevention(prevention of emergencies) is defined as a set of legal, organizational, economic, engineering, technical, environmental and special measures to prevent or reduce the likelihood of emergency situations, reduce the scale of death of people, threats to their life and health, damage to the economy and property of citizens, as well as the environment. natural environment.

Prevention of occurrence of sources of emergency situations is carried out in the form of early measures to prevent and eliminate the causes of the sources of an emergency situation of an anthropogenic nature, as well as to limit the damage from it.

Prepare for emergencies(preparation for an emergency) is carried out as an advance creation in a certain territory, an object of the national economy or for other purposes of conditions for the effective actions of day-to-day management bodies, forces and means, as well as the population to eliminate emergency situations and provide life support for the population in these zones.

Planning of measures for the prevention of emergency situations(emergency planning) is the development targeted programs and action plans in the field of protection of the population, objects of the national economy and the natural environment from natural and environmental disasters, accidents or catastrophes, epidemics, epizootics and epiphytoties, as well as from the impact modern means defeat.

Briefly, the specific tasks of civil defense can be formulated as follows:

Protection of the population and national heritage of the country from the dangers arising from military operations or other cases of the use of weapons of mass destruction and other combat means, including providing the population with protective equipment and facilities, carrying out dispersal and evacuation and other measures;

Notification of the population about the threat to life, human health and the procedure for action in the current situation;

Protection of sources of water supply, food, food raw materials, animals and plants in case of emergency;

Carrying out emergency, rescue and other urgent work (S and DPR) in the lesions;

Priority life support of the affected population; - participation in the development and implementation of measures aimed at increasing the stability of the functioning of sectors and objects of the national economy (economy) in war (or pre-war) time, including the dispersed and rational distribution of productive forces; sustainable cooperation and duplication of production; creation of material reserves and stocks; protection of production personnel and means of energy, production, transport, communications, communications and supply;

Ensuring the implementation of civil defense requirements in regulations and during the construction, commissioning and operation of objects of the national economy, residential, communal, transport and other complexes;

Carrying out the necessary measures to mask objects and settlements;

Creation and maintenance of the necessary readiness of command and control systems, forces and means of civil defense;

Mobilization preparation and other civil defense activities;

Training of the leadership, governing bodies and civil defense forces.

It can be seen from this that the administrative bodies, forces and means of the Civil Defense are involved and are used in peacetime to solve various problems of protecting the population and territories, as well as to carry out various humanitarian missions of the Russian Emergencies Ministry.

The production principle is to organize civil defense in each ministry, department, institution, and facility. Heads of civil defense enterprises, organizations, institutions, educational institutions are their leaders.

The heads of civil defense are led through their subordinate headquarters for civil defense, emergency situations and the elimination of consequences of natural disasters (civil defense headquarters). Civil defense headquarters are staffed with full-time employees and persons involved in part-time work.

To organize the holding of special civil defense events in peacetime and to manage the forces and means during the implementation of the DPR in the centers of destruction, services are created at the headquarters of the civil defense, the number of which is determined by the need, the availability of a base for their creation and the specifics of the tasks being solved.

The following services are usually created at large (categorized) objects of the national economy: medical, fire fighting, public order, engineering, energy, communications, utilities, motor transport, trade and food, logistics, technical, animal and plant protection, anti-radiation and chemical protection, emergency technical, shelters and shelters.

Civil defense services are headed by the heads of those departments and organizations on the basis of which they were created.

For the direct implementation of civil defense activities in the focus of destruction after the use of weapons by the enemy, and in peacetime after natural disasters, accidents and catastrophes, forces have been created in the country's civil defense system, including non-military formations and military units of civil defense.

Forces and means of liquidation of the consequences of emergencies include:

1. Military formations, units and other formations of the Civil Defense of the Russian Federation.

2. Other military, paramilitary and other formations of the Ministry of Emergency Situations of Russia.

3. Military units, paramilitary and non-military (NV), fire fighting, rescue and emergency recovery units of ministries and departments, including emergency rescue, search and fire services of the Ministry of Internal Affairs, the Navy, the Ministry of Railways, civil aviation, commercial, fishing and river fleets.

4. Institutions and formations and other formations of the Ministry of Emergency Situations of Russia.

5. Formation of emergency veterinary care and plant protection services.

6. Military formations and units of the chemical and engineering troops of the Ministry of Defense.

7. Services and forces for the prevention of avalanches and hail.

8. Detachments, services and specialists Russian Union(corps) of rescuers, climbers and volunteer specialized organizations and formations.

Military units (individual mechanized brigades, regiments and battalions, pontoon crossing battalions, special protection battalions, separate helicopter detachments, anti-radiation and anti-chemical reconnaissance detachments) conduct S&D at the most important facilities and ensure the introduction of non-military formations into the centers of destruction, which are the basis of the civil defense forces.

Non-military formations (NF) are created in peacetime at the facilities of the national economy. They are detachments, teams, groups, units, squads for various purposes, formed from the able-bodied population aged:

Men from 16 to 60 years old,

Women - from 16 to 55 years.

It is forbidden to include in the NF: disabled persons liable for military service with mobilization orders, pregnant women, female health workers with children under two years old, and other women with children under eight years old.

All NFs are equipped with special equipment, property and are provided with transport.

According to their subordination, NFs are divided into territorial and object. Objective, as a rule, carry out S&D at their facilities, and territorial ones are intended to carry out work at the most important objects independently or together with object formations.

By purpose, territorial NFs are divided into general-purpose and special formations; general-purpose formations - consolidated rescue teams, rescue teams (groups) and reconnaissance groups of civil defense of general intelligence; special appointments - formations GO services. Object NF are divided into general-purpose formations (combined rescue teams, rescue teams, teams and groups of an industrial or other facility and reconnaissance groups of the general reconnaissance of an object), special (service formations) and specialized NF (created according to the plans of ministries, departments and state committees that have radiation and chemically hazardous objects, from among the workers and employees of these enterprises. The goal is to increase the efficiency of rescue operations directly in the focus of the lesion. Other NFs are created at such objects as necessary).

Consolidated rescue object teams are created at large (categorized) objects of the national economy, consolidated rescue territorial teams - in all administrative-territorial units of the country, starting from urban and rural areas and ending with republican divisions without oblasts.

Rescue formations (detachments, teams, groups) are created at all objects of the national economy and in educational institutions of the country to carry out rescue work in the centers of destruction in wartime conditions. The recruitment and training of rescue units is carried out in peacetime, and readiness is carried out within 24 hours after receiving the appropriate order.

The formations of services include: posts of radiation and chemical observation, communication links, sanitary teams and sanitary posts, firefighting teams (departments, links), emergency technical groups (links), detachments (teams, groups) of anti-radiation and anti-chemical protection, groups (links ) for the maintenance of shelters and shelters, teams (groups, links) of public order, food and trade units, etc.

Object formations of services are created only at large (categorised) objects, territorial ones - only in district and city civil defense services. Service formations are created from specialists of the appropriate profile and are intended to carry out special work in the centers of destruction and to strengthen general-purpose formations.

All specialized and most of the territorial NFs are high-readiness formations with the possibility of their deployment within 4-6 hours from the moment they receive the appropriate signal to bring them to readiness (the degree of readiness of territorial formations is established by the relevant head of the civil defense in agreement with higher authorities).

The most important rescue service is Tsentrospas of the Ministry of Emergency Situations and similar services in regional centers. They are equipped with airplanes, helicopters, all-terrain vehicles, hang gliders, special equipment and are staffed by highly qualified professional rescuers with 6 or more rescue specialties. These services are in a state of constant readiness.

In addition, there are emergency rescue services and formations of trained volunteers and municipal professional employees, including a rescue department, for the fastest completion of work to eliminate the consequences of accidents and disasters at national economy (economy) facilities, in cities and districts of republics and regions.

Orders, commands and signals of civil defense and RSChS pass along parallel branches of the production-territorial principle of organizing the system:

Ministries and departments Russian Federation(republican level);

Concerns, associations, firms (regional level);

Enterprises, objects (territorial level);

Regional centers of the Ministry of Emergency Situations (civil defense services) - republican, regional, regional CoES and headquarters of civil defense; city ​​and district CoES and headquarters.

The project was implemented by the Autonomous non-profit organization “ National Institute for System Research of Entrepreneurial Problems” commissioned by the Department for Support and Development of Small Business of the Moscow Government.

Project leaders: Buev V.V., Shekhovtsov A.O.

Scientific supervisor of the project: Shekhovtsov A.O.

1. Creation of a specially authorized body

1.1. General provisions activities of a specially authorized body

1.2. The main tasks of a specially authorized body

1.3. Functions of a specially authorized body

1.4. Rights of a specially authorized body

1.5. Management and structure of the specially authorized body

1.6. Property of a specially authorized body

1.7. Reorganization and liquidation of a specially authorized body

1.8. Coordinating Council under a specially authorized body

2. Proposals for amendments to federal and city legislation governing liability issues in the production and circulation of food products

2.1. Analysis of federal legislation

2.1.1. Introduction

2.1.2. Proposals to change the measures of responsibility for certain offenses in the field of production and circulation of food products

2.1.3. Proposals for the introduction of new offenses

2.1.4. Proposals for Amendments to the Code of the Russian Federation on Administrative Offenses Related to the Procedure for the Execution of Sentences

2.1.5. Conclusion

2.2. Analysis of the legislation of the city of Moscow

2.2.4. Conclusion

2.3. Differentiation of violations of mandatory requirements

3. Development of a mechanism to stimulate the system of insurance of professional liability of entrepreneurs

3.1. Concepts used

3.2. What is insured

3.3. Voluntary and compulsory insurance

3.4. Compulsory insurance of civil (professional) liability of entrepreneurs in the consumer market

3.4.1. General provisions

3.4.2. Compulsory insurance contract

3.4.3. Sum insured, insurance rates

3.4.4. The relationship between the insurer, the insured and the victims

3.4.5. Insurers

3.4.6. Federal Guarantee Fund

3.4.7. Other provisions

3.5. Professional liability insurance self-regulatory organizations entrepreneurs conscientious entrepreneurs

3.6. Mutual insurance

3.6.1. General provisions

3.6.2. Terms of Mutual Insurance

3.6.3. Compulsory Mutual Insurance

3.6.4. Mutual insurance companies

3.6.5. Mutual insurance contract

3.6.6. State regulation of mutual insurance

3.6.7. Self-regulation of mutual insurance participants

3.7. Conclusion (brief conclusions)

4. Systems for issuing “Declaration of Trust” to entrepreneurs

4.1. General provisions and objectives of the implementation of the “Declaration of Confidence”

4.2. Members of the Declaration issuing system

4.3. List of control and supervisory authorities participating in the Declaration Issuance System in the territory of Moscow.

4.4. Coordinating body of the Declaration issuing system

4.5. Procedure for issuing the Declaration

4.6. Validity of the Declaration

4.7. Declaration holder status

4.8 The order of carrying out checks of holders of the Declaration. Suspension, renewal and withdrawal of the Declaration

4.9. Responsibility of Declaration holders for violation of the Declaration

5. The procedure for the creation and organization of the activities of self-regulatory organizations of bona fide entrepreneurs

5.1. The need to create self-regulatory organizations of conscientious entrepreneurs in order to improve the quality and safety of manufactured and sold products

5.2. Basic concepts

5.3. The main goals and functions of self-regulatory organizations of conscientious entrepreneurs

5.4. The procedure for the creation and reorganization and liquidation of self-regulatory organizations of bona fide entrepreneurs

5.4.1. Principles of creation and activity of self-regulatory organizations

5.4.2. Constituent documents of a self-regulatory organization

5.4.3 Reorganization self-regulatory organizations

5.4.4 Liquidation procedure self-regulatory organizations

5.5. Organizational structure self-regulatory organizations of conscientious entrepreneurs

5.5.1. General meeting of members of a self-regulatory organization

5.5.2. Powers general meeting members of a self-regulatory organization

5.5.3. Board of Directors of a self-regulatory organization

5.5.4. Powers of the board of directors

5.5.5. Chairman of the Board of Directors of a self-regulatory organization

5.5.6. Executive body of a self-regulatory organization

5.5.7. Body of control over the activities of members of a self-regulatory organization

5.5.8. Self-Regulatory Organization Dispute Resolution Bodies

5.5.9. Procedure for Admission of Members to a Self-Regulatory Organization

5.5.10. Termination of membership in a self-regulatory organization

5.6. Rights and obligations of members of self-regulatory organizations

5.7. The procedure for attestation of self-regulatory organizations of conscientious entrepreneurs

5.8. The procedure for regulating inspections of self-regulatory organizations of bona fide entrepreneurs

5.9. Possibilities of insurance of professional liability of members of a self-regulatory organization

5.10. Conditions for Suspension of Attestation or Removal of the Status of a “Self-Regulatory Insured” Organization

5.11. The procedure for obtaining a “Declaration of Trust” by a self-regulatory organization

6. Creation of an information center in order to improve the quality of food products produced in the city of Moscow and improve quality control

6.1. Justification of the need to create an information center

6.2. Goals and objectives of the creation of the Information Center. Directions for solving problems

6.3. Structure and functions of the Information Center

6.4.1. Creation and maintenance information system citywide dislocation of enterprises

6.4.2. Creation and maintenance of an information system on the activities of all enterprises involved in the production and sale of food products in the city of Moscow

6.4.3. Creation and maintenance of an information system on the norms, rules and requirements for enterprises

6.4.4. Creation and maintenance of an information system containing information on the placement of state and municipal orders, the procedure for conducting and conditions for participation in tenders for their receipt

7. Measures to ensure the availability of modern technological equipment for processing enterprises

7.1. The need to implement measures to ensure the availability of modern technological equipment for processing enterprises

7.2. Introduction of leasing mechanisms

7.3. Mechanism of creation of “Leasing exchange”

8. Creation of centers for training and certification of personnel in the field of production and circulation of food products

8.1. The need to create Centers for training and certification of personnel in the field of production and circulation of food products

8.2. The procedure for the creation and certification of training centers in the field of production and circulation of food products

8.3. Organizational structure of training centers in the field of production and circulation of food products

8.4. The mechanism of functioning of training centers in the field of production and circulation of food products

Applications

Application No. 1

Application №2

Introduction. Need for development and structure of the program

Creation of legal, organizational, economic and other necessary conditions manufacturers for the production of products (goods), the provision of high quality services are a constant concern of the state. At the same time, the methods and methods, the degree of state participation in the regulation of this process are not unchanged, reflecting the nature of the economy. The solution to this problem is achieved by improving the quality of materials, improving production technology, as well as industrial and state control of the quality and safety of products.

An important role is given to legal means of ensuring good quality products by establishing various measures of economic and moral incentives, the procedure for standardizing state requirements for the quality of products, exercising state control over compliance with state requirements, establishing effective measures of responsibility of officials and the organizations themselves that produce or sell products.

At present, the situation in the field of ensuring the quality of manufactured and sold products cannot be assessed unambiguously. Despite the fact that there are positive trends, a lot of problems remain. The solution of these problems requires the implementation of complex measures of an organizational, legal, economic nature, which cannot be achieved without close coordination of all parties involved in this process.

The problem of improving the quality of products is divided into 2 main components: the problem of improving quality control and the problem of introducing various economic mechanisms that can stimulate the process of improving the quality of manufactured and sold products.

At the same time, measures aimed at improving the quality of manufactured and sold products should also contain information support from authorized bodies and entrepreneurs and staffing of business entities.

Within the framework of this program, it is planned to implement the following measures aimed at improving the quality of products manufactured and sold by legal entities and individual entrepreneurs in the city of Moscow:

organizational nature. They include the creation of a specially authorized body that ensures the implementation of the state policy in the field of improving the quality of products produced and sold by legal entities and individual entrepreneurs in the city of Moscow. It is proposed to form a Coordinating Council under this body, which will include representatives of all bodies exercising control and supervision activities on the territory of Moscow (federal and city), as well as other bodies whose participation in Coordinating Council necessary for the implementation of a coordinated policy aimed at improving the quality of products produced and sold by legal entities and individual entrepreneurs in the city of Moscow.

legal nature. They include the development of proposals for amending federal and city legislation regulating liability issues in the production and circulation of food products.

Economically - organizational character. They include: development of a mechanism to stimulate the system of insurance of professional liability of entrepreneurs; development of a system for issuing a “Declaration of Trust” to entrepreneurs; development of a procedure for the creation and organization of the activities of self-regulatory organizations of conscientious entrepreneurs.

Financial and property support. They include the development of a set of measures to ensure the availability of modern technological equipment for processing enterprises.

Information support. They include the creation of an information center in order to improve the quality of food products produced in the city of Moscow and improve quality control.

Staffing. They include the creation of centers for training and certification of personnel in the production and circulation of food products.

Industry as a large complex sector of the commodity sector of the market economy includes many industries (coal, oil, machine building, food industry etc.), which, in turn, in the economic and organizational plan are combined into industrial complexes, for example, electric power, machine-building, military-industrial and others. Thus, within the framework of a single industrial complex, the aviation industry, the rocket and space industry, the radio and electronic industry, and the shipbuilding industry in their totality constitute military-industrial complex as a definite unity, in respect of which management decisions on the highest level.

The primary link of industry as a single economic complex and all the structural elements of its system are business entities engaged in the production of industrial products and acting on the commodity market as business entities aimed at making a profit. They are different in their organizational and legal forms commercial organizations: enterprises, firms, small businesses, production cooperatives, joint-stock companies, concerns, associations and other sectoral, intersectoral, territorial associations. According to the forms of ownership, enterprises can be state, municipal, cooperative, private and mixed. Most enterprises of non-state forms of ownership are joint-stock companies or limited liability companies.

An important structural element of the industrial complex is the largest complex industry associations such as the Russian Joint Stock Company for Energy and Electrification - RAO "UES of Russia", the Russian Joint Stock Company "Gazprom", the founder of which is the Government of the Russian Federation. They act as unified industrial and financial complexes. These are natural monopolies that have a peculiar legal status(Federal Law of August 17, 1995 No. 147-FZ "On Natural Monopolies" (as amended on November 8, 2007)). The State maintains a special Register of subjects of natural monopolies, which includes organizations (legal entities) engaged in the transmission of electrical and thermal energy, transportation of gas through pipelines, transportation of oil and oil products through main pipelines.

The Government of the Russian Federation, as the highest executive body of state power, in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation", develops and implements the state socio-economic policy in organizing the functioning of all branches of the industrial complex, directing, coordinating, ensuring and controlling the work of all central executive authorities of sectoral and functional competence of ministries, state committees and other federal departments in charge of the relevant sectors and areas of activity of the industrial complex; manages federal property; conducts the entire system-structural organization of the central federal apparatus of state executive bodies, directing and controlling their activities; establishes the legal status government agencies executive power, approving the Regulations on the relevant federal ministries, departments and their territorial bodies; develops federal programs for the development of industry on a sectoral and regional scale, then taking all the measures necessary for their implementation.

The Ministry of Industry and Energy of the Russian Federation (Regulations on it, see: SZ RF. 2004. No. 25. Art. 2566), as an industry state regulatory body, has three federal services in its system: for nuclear supervision; on technological supervision; for technical regulation and metrology, as well as five federal agencies (for atomic energy; for energy; for industry; space agency; for construction and housing and communal services).

State control and supervision activities and in industrial complex. In the industrial complex, as in all other sectoral economic and economic complexes, state executive bodies of intersectoral competence apply administrative liability to guilty individuals and legal entities for an intersectoral scale and nature, for example, for violations of labor and labor protection legislation (Article 5.27 Code of Administrative Offenses of the Russian Federation), fictitious or deliberate bankruptcy (Article 14.12 of the Code of Administrative Offenses of the Russian Federation), administrative offenses in the field of finance, taxes and fees, the securities market (Article 15.1-15.26) and others. But there are also industry-specific varieties of administrative responsibility of a sectoral scale and nature, applied within the framework of sectoral administrative and legal regulation for administrative offenses in the field, for example, state mining and industrial supervision, state supervision of nuclear and radiation safety, state energy supervision and state geological control and supervision, state supervision over compliance with mandatory requirements state standards in industry.

Administrative and legal regulation in the construction complex

In the system of the construction complex, as a large complex sector of the economy, a large number of design and construction and design and technological organizations operate, usually specializing in the design of the construction of certain objects - industrial, rural, water management, transport, housing, etc.

Design is the process of creating a set of technical documentation for the construction of a specific building or structure. Many design institutes and other design and construction organizations are engaged in designing, which develop construction projects for specific customers on a contractual basis, and the relevant state or municipal authorities approve them, as a rule, after the state examination of the pre-design and project documentation.

The Government of the Russian Federation manages socio-economic processes in construction by creating market conditions for free entrepreneurship in the construction complex based on a rational combination of all forms of ownership, the creation and implementation of the legal mechanism of a market economy; unites and directs the work of the central executive authorities operating in the construction complex, establishes their organizational and legal status, approving the provisions on them. The powers of the Government of the Russian Federation in the field of urban planning activities include establishing the foundations of federal policy in this area, establishing the procedure for maintaining the state urban planning cadastre and monitoring objects of urban planning activities; establishing a procedure for licensing the development of urban planning and design documentation, establishing a procedure for issuing permits for the construction of real estate objects of federal significance, as well as real estate objects on the territories of objects of special regulation of federal significance, and a number of others listed in Art. 21 of the Town Planning Code of the Russian Federation. Similar functions and powers in construction management in the subjects of the Russian Federation are exercised within the territorial limits of this subject by the highest executive authorities of this subject (governor, administration, government).

Municipalities in the field of urban planning are in charge of: adoption and amendment of building rules, approval and implementation of urban planning documentation; organizing the maintenance of the state urban planning cadastre and monitoring of objects of urban planning activities in the event that local governments are vested with appropriate powers; monitoring compliance with the legislation of the Russian Federation on urban planning and some other issues (Article 23 of the Town Planning Code of the Russian Federation).

General economic ministries and departments (Ministry economic development and Trade of the Russian Federation, the Ministry of Finance of the Russian Federation), as bodies of intersectoral functional regulation, within their competence, exercise the same functions and powers in the construction complex as in other economic complexes.

The body of industry regulation in the construction complex is acting in the system of the Ministry of Industry and Energy of the Russian Federation federal agency for construction and housing and communal services.

Control and supervision in construction begins at the design stage and then is carried out during the construction process and after its completion (in the process of acceptance of completed buildings and structures).

At the design stage, control and supervision is carried out in the process of development, review and approval design and estimate documentation for construction. Under construction special service designers carries out the author's examination - control of the representative design organization for the correct execution of the project by the builders.

Control and supervision functions for the safe conduct of work in construction, compliance with the rules fire safety, environmental, sanitary and anti-epidemic and other rules are carried out, respectively, by the bodies of state technical supervision, electrical supervision, fire, environmental, sanitary and epidemiological and other functional types of state control and supervision. At the design stage, all these bodies are called upon to carry out preventive state control and supervision, giving opinions on construction projects in terms of compliance with all rules and regulations. During the construction process, they are authorized to exercise ongoing state control over the actual compliance with the rules and regulations by builders. Wherein officials control and supervisory state bodies have the right to apply measures of administrative warning, suppression (suspension, prohibition of work) and administrative penalties under Art. 9.4 and 9.5 of the Administrative Code of the Russian Federation.

Administrative and legal regulation in the agro-industrial complex

The agro-industrial complex (AIC) of the country includes many branches of agricultural and organically related industrial and other production: the main branches of agricultural production (agriculture, crop production and animal husbandry) and special sectors Agriculture(forestry, hunting, fisheries, melioration and water management, procurement, storage and industrial processing of agricultural products).

The ongoing economic reforms in Russia aimed at creating a diversified market economy and competitive environment, the formation of a class of new owners changed the very essence of the governing organizing state influence on the functioning and development of agriculture, as well as the legal status of economic entities in that industry.

State administration of agriculture replaced now government regulation agro-industrial production through the economic impact of the state on the production, processing and sale of agricultural products, raw materials and food, including fish and seafood, as well as production and technical services and logistics of agro-industrial production. State regulation of agro-industrial production is carried out in the following main areas: the formation and functioning of the market for agricultural products, raw materials and food; financing, lending, insurance, preferential taxation; protection of the interests of domestic producers in the implementation of foreign economic activity; development of science and implementation scientific activity in the field of agro-industrial production; development social sphere villages; other directions determined by the legislation of the Russian Federation (see Articles 1, 2 of the Federal Law of July 14, 1997 No. 100-FZ "On State Regulation of Agro-Industrial Production").

The Government of the Russian Federation carries out general coordination of work and control over the activities of all federal executive bodies (ministries and departments) operating in the agro-industrial complex or having any functional relation to it. Among the most important areas of government regulation of the organization and activities of the agro-industrial complex include the development of federal targeted programs for the stabilization and development of agro-industrial production in the country, the development and implementation of state procurement, tax, price, credit, insurance, foreign economic policy in relation to the agro-industrial complex; appoints representatives of the state in open joint-stock companies of the agro-industrial complex, defining the basis of their competence; concludes annual agreements with the Agrarian Union of Russia; determines the types and procedure for the annual provision of various measures state support agro-industrial complex.

The Ministry of Agriculture of the Russian Federation (Ministry of Agriculture of Russia) is a federal executive body that conducts state policy and manages the agro-industrial complex and food supply of the country, as well as coordinating the activities of other organizations in this area. federal bodies executive power in cases established by federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. It carries out its activities in cooperation with other federal and constituent entities of the Russian Federation executive authorities, local governments and public organizations.

In the system of the Ministry of Agriculture of the Russian Federation there are

federal Service for Veterinary and Phytosanitary Surveillance, the Federal Agency for Agriculture and the Federal Agency for Fisheries.

In the system of the Ministry natural resources The Russian Federation as a federal body for managing forestry, water management and subsoil use is the Federal Service for Supervision in the Sphere of Ecology and Natural Resources, the Federal Forestry Agency, the Federal Agency for Water Resources and the Federal Agency for Subsoil Use.

Control, supervision and administrative responsibility in the agro-industrial complex has as its goal and social purpose the preservation and enhancement of the wealth of nature, ensuring the correct expedient use and preservation material assets, prevention of epidemic and other diseases unsafe for humans among animals and plants, ensuring the high quality of agricultural products harvested for industrial processing and long-term storage.

The right to bring guilty individuals and legal entities to administrative responsibility is exercised by the following entities operating in the system of the Ministry of Agriculture of the Russian Federation:

bodies of state veterinary supervision and their officials (Article 23.14 of the Code of Administrative Offenses of the Russian Federation) - for violation of animal quarantine rules or other veterinary and sanitary rules; concealment of information about a sudden death or simultaneous mass diseases of animals; for violation of the veterinary and sanitary rules for the transportation or slaughter of animals, the rules for processing, storing or selling livestock products (Articles 10.6-10.8 of the Code of Administrative Offenses of the Russian Federation);

bodies of state quarantine phytosanitary control and their officials (Article 23.15 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules for combating quarantine, especially dangerous pests of plants, pathogens of plant diseases; violation of the procedure for the import and export of quarantine products (quarantine material, quarantine cargo; for violation of the rules for the production, procurement, transportation, storage, processing, use and sale of quarantine products (quarantine material, quarantine cargo) (Article 10.1-10.3 of the Code of Administrative Offenses of the Russian Federation);

bodies of state control and supervision in the field of plant protection and their officials (Article 23.16 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules for handling pesticides; violation of the rules for combating weed plants (Articles 8.3, 10.1 of the Code of Administrative Offenses of the Russian Federation);

state seed inspectorates and their officials (Article 23.19 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules for the production, procurement, processing, storage, sale, transportation and use of seeds of agricultural plants; for violation of the rules for maintaining documentation for seeds of agricultural plants; for violating the procedure for importing seeds of agricultural plants into the territory of the Russian Federation (Articles 10.12-10.14 of the Code of Administrative Offenses of the Russian Federation).

Bodies of the Russian State Khlebinspektsiya under the Government of the Russian Federation, exercising state control over the quality and rational use of grain and products of its processing, and their officials (Article 23.18 of the Code of Administrative Offenses of the Russian Federation) may bring individuals and legal entities for violation of the rules for storage, purchase or rational use of grain and products of its processing, the rules for the production of products of grain processing (Article 7.18 of the Code of Administrative Offenses of the Russian Federation).

Many executive authorities with the right to apply administrative penalties operate in the system of the Ministry of Natural Resources of the Russian Federation:

bodies exercising state control over the use and protection of land, and their officials (Article 23.21 of the Code of Administrative Offenses of the Russian Federation) have the right to bring individuals and legal entities to administrative responsibility for unauthorized occupation land plot; for the destruction of boundary signs of the boundaries of land plots; for unauthorized assignment of the right to use land; for hiding or distorting environmental information about the state of land; land damage; for failure to fulfill obligations to bring land into a condition suitable for use for its intended purpose; for the use of land not for the intended purpose, failure to comply with mandatory measures to improve land and protect soil (Articles 7.1, 7.2, 7.10, 8.5, 8.6-8.8 of the Code of Administrative Offenses of the Russian Federation);

bodies exercising state control over the use and protection of water bodies, and their officials (Article 23.23 of the Code of Administrative Offenses of the Russian Federation) may apply administrative penalties for the destruction of special water management or water protection signs; for unauthorized occupation of a water body or its use without a permit (license); for damage to a hydraulic, water management or water protection structure, device or installation; for unauthorized occupation of a land plot of a coastal protective strip of a water body, a water protection zone of a water body or a zone (district) of sanitary protection of sources of drinking and household water supply; for unauthorized assignment of the right to use a water body; for hiding or distorting environmental information about the state of water bodies; for violation of the procedure for granting for use and the regime for the use of land plots and forests in water protection zones and coastal strips of water bodies; for violation of the rules for the protection of water bodies; violation of water use rules; for violation of the rules for the operation of water management or water protection structures and devices; non-compliance with the rules for maintaining ship documents; for violation of the rules for the disposal of waste and other materials in the internal sea waters and territorial sea of ​​the Russian Federation; for violation of the norms and rules for the safety of hydraulic structures (Articles 7.2, 7.6-7.8, 7.10, 8.5, 8.12-8.16, 8.19, 9.2 of the Code of Administrative Offenses of the Russian Federation);

bodies authorized in the field of use, protection and protection of the forest fund, and their officials (Article 23.24 of the Code of Administrative Offenses of the Russian Federation) may bring to administrative responsibility for unauthorized occupation of forest fund lands; for the destruction of special forest inventory and forest management signs; for unauthorized occupation of a forest plot; for the use of objects of the animal world without a permit (license); for hiding or destroying information about the state of forests, forest fund lands and many other types of norms and rules for forest management, protection and protection of the forest fund (more than twenty items) (Art. 7.1, 7.2, 7.8-7.11, 8.7, 8.8, 8.12, 8.13, 8.24-8.37 of the Code of Administrative Offenses of the Russian Federation);

bodies authorized in the field of protection, control and regulation of wildlife objects classified as hunting objects and their habitats, and their officials (Article 23.26 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring to administrative responsibility persons guilty of destroying, damaging special signs established users and conservators of wildlife; use of objects of the animal world without permission (license); in violation of the rules for protecting the habitat or migration routes of animals and many other rules of ten names (Articles 7.2, 7.11, 8.33, 8.34-8.37 of the Code of Administrative Offenses of the Russian Federation);

bodies of state environmental control and their officials (Article 23.29 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility persons guilty of destroying or damaging signs of specially protected natural areas; for non-compliance with environmental requirements in the planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities; for non-compliance with environmental and sanitary and epidemiological requirements when handling production and consumption waste or other hazardous substances and a number of other environmental requirements and norms (about twenty items) (Art. 7.2, 7.11, 8.1, 8.2, 8.4-8.6, 8.18-8.19 , 8.21-8.23, 8.31, 8.33-8.36, 8.39 of the Administrative Code of the Russian Federation).

Fish protection authorities and their officials (Article 23.27 of the Code of Administrative Offenses of the Russian Federation) have the right to bring individuals and legal entities to administrative responsibility for violating the rules for the protection of fish stocks and many other related rules and regulations for the protection, control and regulation of the use of wildlife objects classified as aquatic biological resources and their habitats (Articles 7.2, 7.11, 8.33, 8.34-8.38, 11.8-11.11, 11.13, 11.15-11.17 of the Code of Administrative Offenses of the Russian Federation).

Administrative and legal regulation in the economic and service complex

General social and legal characteristics of the composition and structure of the economic and service complex.

The economic and service complex includes a group of organizationally independent sectors of the economy, united by a community carried out by enterprises in these industries, economic and service activities, which are a specific type of production and economic activity. The activities of all branches of the economic and service complex are associated with the provision of economic services (transport, trade, information, communications, and others), which are a useful effect of one or another use value that does not have the physical form of a product, but has a financial equivalent of its market value.

The system of the economic and service complex includes the following sectors of the economy: transport (of all types), communications (postal, telegraph, telephone, etc.), domestic trade and consumer services, housing and communal services. In service industries production cycle does not close in the system of organizations of this industry, goes beyond its limits and continues further in the form of interaction between organizations of this service industry with the clientele. The whole point of the activity of service industries lies precisely in the proper and clear organization of services for individuals and legal entities (clientele) outside of this service industry. This leads to the existence of two groups of organizational relations: 1) relations of an intra-industry scale and nature between organizations in a given industry and 2) relations that go beyond the boundaries of the industry itself, developing between enterprises in service industries and clientele.

To organize relations of an intra-industry scale and nature, intra-organizational functions of intra-corporate management are carried out. They are aimed at creating a system of enterprises and organizations of the relevant service industry and intra-industry management bodies and ensuring the smooth and uninterrupted operation of the entire industry system (organization of forecasting the development of the industry, financing and material and technical equipment, scientific and technical regulation, work with personnel, etc. .). For the organization of the second group of relations, the managerial functions of an intersectoral scale and nature are aimed at regulating the relations of enterprises and organizations of the corresponding service industry with the clientele: establishing service rules (rules for transportation, trade, rules for the provision of domestic services, rules for using residential premises, etc.), establishing rules and the mode of operation of enterprises and organizations in the service industries, the establishment of rules for using the services provided (rules for using the telephone, rules for the behavior of passengers on a train, plane, etc.). The implementation of these functions is an organizational, managerial acts that precede civil law relations, which enter into service industries enterprises with the clientele.

The most important element of the state organization of any types of economic services for individuals and legal entities is the protection of their interests as consumers. The resolution of the UN General Assembly of April 9, 1985 "Guiding principles for the protection of the interests of consumers" consolidated eight fundamental consumer rights: 1) the right to choose; 2) the right to compensation for harm; 3) the right to be heard; 4) the right to information; 5) the right to consumer education; 6) the right to meet basic needs; 7) the right to quality; 8) the right to security.

All these rights, to one degree or another, have already been reflected in modern Russian legislation on consumer rights protection: in the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, in the Federal Law "On antitrust policy and support for new economic structures», federal law“On Certification of Products and Services” and especially in the Federal Law of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (as amended on October 25, 2007).

The Government of the Russian Federation, as the supreme body of executive power, develops a state policy in the organization and activities of industries in the economic and service complex, organizes, directs and controls the activities of sectoral ministries and departments in the economic and service complex; develops and implements the implementation of federal and regional programs for the development of service industries; approves the Rules for the provision of services in each service industry. In order to ensure the interaction of federal executive authorities on consumer protection issues, the Government of the Russian Federation has established the Interdepartmental Council for Consumer Rights Protection, one of the main tasks of which is to coordinate the actions of federal executive authorities on the implementation of the Law of the Russian Federation "On the Protection of Consumer Rights" and participate in the implementation of measures to improve the mechanism for implementing consumer protection legislation.

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare operates within the system of the Ministry of Health and social development RF.

In the system of the Ministry of Information Technologies and Communications of the Russian Federation (Regulations on it, see: Russian newspaper. 2004. July 1) are:

Federal Service for Supervision in the Sphere of Communications, Federal Service for Supervision in the Sphere of Transport, Federal Agency air transport, Federal Highway Agency, Federal Agency railway transport, the Federal Agency for Maritime and River Transport, the Federal Communications Agency, acting on the basis of the Regulations on them, approved by decrees of the Government of the Russian Federation. Cross-sectoral coordination and functional regulation in the field of the housing and communal complex and its reform, in cooperation with the executive authorities of the subjects of the Russian Federation, is carried out by the Federal Agency for Construction, Housing and Communal Services, operating within the system of the Ministry of Industry and Energy of the Russian Federation.

Administrative responsibility in the sectors of the economic and service complex is applied to individuals and legal entities by many control and supervision bodies and their officials:

The bodies of the Russian transport inspectorate and their officials (Article 23.36 of the Code of Administrative Offenses of the Russian Federation) are endowed with the right to bring individuals and legal entities to administrative responsibility for administrative offenses under Art. 8.2, 8.3, 8.22, 8.23, 11.2, 11.14, 11.15, 11.17, 11.23, 11.25-11.29, 12.3, 19.19 of the Administrative Code of the Russian Federation.

Road transport authorities and their officials (Article 23.37 of the Code of Administrative Offenses of the Russian Federation) are endowed with the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 11.15, 11.18, 11.19 Administrative Code of the Russian Federation.

Maritime transport authorities and their officials (Article 23.38 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 8.23, 11.6, 11.7, 11.8-11.11, 11.13-11.19 of the Administrative Code of the Russian Federation.

Inland water transport authorities and their officials (Article 23.39 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 11.6-11, 11.13-11.19 Administrative Code of the Russian Federation.

Bodies of state inspection for small boats and their officials (Article 23.40 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 8.23, 11.7-11.13 of the Code of Administrative Offenses of the Russian Federation.

Railway transport authorities and their officials (Article 23.41 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 11.1, 11.14-11.19 Administrative Code of the Russian Federation.

Bodies exercising state regulation in the field of aviation (Article 23.42 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 8.23, 11.3, 11.5, 11.14-11.19 of the Administrative Code of the Russian Federation.

Organs unified system air traffic organizations in the Russian Federation and their officials (Article 23.43 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 11.4, 18.1 of the Code of Administrative Offenses of the Russian Federation.

Bodies exercising state supervision over communications and informatization, and their officials (Article 23.44 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 13.1, 13.6-13.9, 13.18 of the Administrative Code of the Russian Federation.

Bodies of the state inspection for trade, quality of goods and consumer protection and their officials (Article 23.49 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 10.8, 14.2, 14.4, 14.15, 14.16, 19.14 of the Administrative Code of the Russian Federation.

Economic forms and methods of protection are to develop investment programs for employment of the population, to use the levers of tax and credit regulation to support enterprises that retain previously created jobs, to support enterprises that create jobs for people who are not competitive in the labor market, and to develop a system of material compensation in case of unemployment.

In Russia, since June 1992, the state regulation of the market work force handled by the Ministry of Labor and Social Development of the Russian Federation.

except public service employment, there are also non-state, commercial employment services. Most often, these services are characterized by the focus of their activities on certain segments of the population, for example, young people, demobilized from the armed forces, etc.

Effectiveness of organizational measures social protection of the unemployed depends on the development of the infrastructure of the labor market, which implies the existence of institutional structures for organizing interaction between employers and employees to protect the collective interests of both. Such organizations can be trade unions, associations of entrepreneurs, unions of tenants, as well as organizations of state mediation in matters social partnership. The inclusion of special bodies in the system of relations between the subjects of the labor market is designed to ensure the removal of contradictions between them, to organize and regulate employment policy using a variety of economic instruments and legal norms.

To legal forms of protection include a number of legislative acts aimed at regulating the employment of the population. This is, first of all, the Law of the Russian Federation "On Employment in the Russian Federation", which is currently in force with amendments and additions. These documents establish state guarantees of the right to work, the basic principles of state policy in the field of employment, the procedure for regulating and organizing employment of the population, the principles compensation payments when you lose your job.

The state provides citizens permanently residing on its territory in accordance with the Constitution of the Russian Federation and the Labor Code of the Russian Federation with the following guarantees in the field of employment:

Freedom to choose the type of employment, including work with different modes of work;

Free assistance in the selection suitable job and employment by the Social Protection Fund;

In accordance with pre-filed applications of enterprises, institutions, organizations, providing suitable jobs for graduates of educational institutions;

Free education new profession(specialty), advanced training in the system of the employment service or in its direction in other educational institutions with the payment of scholarships;

Compensation in accordance with the law material costs in connection with being sent to work in another locality at the suggestion of the employment service;

Possibility of conclusion fixed-term contracts(contracts) for participation in paid public works organized taking into account the age or other characteristics of citizens;

Legal protection against unjustified dismissal (Labor Code of the Russian Federation, Article 40, Federal Law "On Employment", Article 12).

The Law of the Russian Federation "On Employment in the Russian Federation" dated April 19, 1991 (with additions and amendments dated July 15, 1992 and April 20, 1996) enshrined in Art. 5 model principles of state policy in the field of employment promotion:

Security equal opportunity to all citizens of the Russian Federation in the exercise of the rights to voluntary work and free choice of employment;

Development labor resources;

Prevention of mass and reduction of long-term (more than a year) unemployment;

Support for the labor and entrepreneurial initiative of citizens, promoting the development of their abilities for productive, creative work;

Ensuring social protection in the field of employment;

Creation of special measures for citizens experiencing difficulties in finding a job, i.e. assistance to those in special need of employment;

Combination of local measures with centralized ones in the field of employment;

Encouragement of employers who create jobs.

The Law of the Russian Federation on Employment (Article 2) defines the criteria for employment. In accordance with them, citizens are considered to be employed:

Working on employment contract having other paid work (service), including temporary, seasonal work;

Self-employed, including ITDs (including farmers, creative workers), entrepreneurs, as well as members production cooperatives. Difficulties sometimes arise when referring to the number of employed family members of farmers. If a farm enterprise is registered as a family enterprise owned by family members on the basis of common shared ownership, then the family members of the farmer should be classified as employed. If the ITD of one of the family members is registered, then there is no reason to consider other family members as employed;

Elected, approved or appointed to a paid position in legislative and executive bodies, as well as in public organizations various types;

Military personnel of any military branches serving in the bodies of the database;

Able-bodied students of any full-time institutions, including education in the direction of SZN;

Temporarily absent from work (vacation, illness, retraining, etc.).

The concept of "employed citizens" is broader than the concept of "workers". Workers are one type of employed people.

Since forced labor is prohibited, the unemployment of a citizen cannot serve as a basis for legal liability. It is up to the citizen himself to freely decide whether to exercise his right to work in any form of employment or not to exercise it at all.

If the need does not force, a person may not associate himself with the performance of paid work, but engage in raising children, housework, and social activities.

An exception is made for cases established by law. These may be punishments for crimes in the form of correctional labor provided for by the Criminal Code, which are imposed for a period of one month to one year and are served in accordance with a court verdict, either at the place of work of the convicted person, or in other places determined by the authorities in charge of the application of corrective labor. From the earnings of the convict, deductions are made in the amount established by the court (in the range from 5 to 20% of the earnings).

Thus, the unemployed are involuntarily unemployed, since according to the ILO standard, the unemployed include able-bodied persons aged 16 years and over, who in the period under review met three criteria:

a) did not have a job (profitable occupation);

b) were looking for work, i.e. applied to the state or commercial employment service, used or placed advertisements in the press, directly applied to the administration of the enterprise (employer), used personal connections, etc., or took steps to organize their own business;

c) were ready to go to work.

According to the methodology of the ILO, when referring to the unemployed, all three categories must be observed.

Pupils, students, pensioners, disabled people are counted as unemployed if they are looking for work and are ready to start it.

Unemployed citizens registered by the SPSS are entitled to benefits and compensations established by law for persons who do not have a job (profitable occupation).

 

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