Complex of 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 working and rest hours of employees, social guarantees and labor safety. Individual entrepreneurs and small business owners must comply with the provisions of the Civil Code, environmental, environmental and epidemiological legislation, contractual and financial law. In the field of their attention should be constantly present the peculiarities of tax law and consumer protection law.

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 for employees, job descriptions, best practices for dealing with clients, codes of conduct for small businesses. The external and internal (private) legislative environment in which small business operates, forms a legal field that has both general and specific characteristics (see Fig. 1).

Figure 1 shows that the legal field in which a small business operates is made up of the external legislative environment, which is universal for small businesses, and the 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. The legislative and executive authorities are constantly modifying and improving existing legal acts, creating new ones and canceling old ones. The rules of the game for small businesses change almost every year in terms of changes in tax rates and local coefficients, rules of accounting and financial reporting, interaction with pension fund, social and compulsory health insurance funds. Along with the legal environment, the technologies of interaction with government agencies are changing, which are increasingly shifting to the Internet.

According to the change legislative framework and the market conjuncture is changing the legal field of small businesses. To increase competition from similar enterprises, small business owners are introducing new systems of remuneration and bonuses for employees, tightening disciplinary practices (regulating the intake of alcohol by employees not only at work, but also after hours; are stricter about disclosing official information, theft of intellectual property). The approaches in interactions with partners, suppliers and financial and credit organizations are also changing, relations with which are being transferred to a more perfect 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 the internal legal documentation. It is almost impossible to do this alone, without relying on the support of specialists from various branches of law. Therefore, the owners of small businesses have a choice - either to hire a lawyer on the staff, or to apply for qualified legal advice to 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 salaries? In principle, this is possible, but only until the flaws associated with the lack of systematic legal work begin to break through. And then the unreasonable economy turns into multiple losses from lawsuits, penalties and various kinds of sanctions. The situation can be resolved only with the help of high costs for invited lawyers and legal 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 assume various risks - they can be let down by business partners, suppliers fail to fulfill their obligations, and tax and customs authorities can make unreasonable claims. Cases of unfair competition, extortion, raiding and similar circumstances can never be ruled out.

In an effort to protect themselves and limit possible risks, small business owners turn to professional lawyers for services, who, on a reimbursable basis, by their actions implement:

and) 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 using the law and the necessary legal procedures. By paying for the services of lawyers, small business owners provide their business with intellectual protection within the framework of national and international law.

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

in) economic function... By implementing economic activity, individual entrepreneurs and legal entities are constantly faced with the problems of correct payment of taxes, the conclusion of 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 amount of claims filed against the counterparties of transactions is sometimes very significant. Losses associated with improper payment of taxes can be large - the paying company can have legal preferences, deductions and tax holidays, but due to poor knowledge of tax and financial law, lose monthly cash... A good specialist in the field of taxes, financial and credit legislation, as well as other branches of law (for example, legislation on people with disabilities 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 of Prevention and Action in Emergency Situations is carried out as the activity of all organizational structures of the warning system and actions in emergency situations for the planning, preparation and implementation of a complex 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.

Emergency prevention and response measuresis called a set of organizational actions aimed at solving any of the tasks for the prevention or elimination of emergencies, performed by the daily management bodies, forces and means of territorial, functional and departmental subsystems of the Unified State System of Prevention and Action in Emergencies.

The most important in the EGSChS are the prediction and prevention of emergencies and the prevention of emergencies.

Emergency prevention (emergency prevention) is forecasting and preventing situations, timely informing the authorities and day-to-day management and the population about the likelihood or inevitability of an emergency situation and preparing for it in advance, as well as alerting the population about its beginning or imminent threat.

Emergency forecasting (prediction of emergencies) is carried out as the development of a probabilistic idea of \u200b\u200bthe maximum risk of emergencies and undesirable states of potentially dangerous objects in a certain area, as well as a quantitative assessment of the probable damage.

Prevention of emergencies (emergency prevention) is defined as a set of legal, organizational, economic, engineering, environmental and special measures to prevent or reduce the likelihood of emergencies, 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 sources of emergencies is carried out in the form of early measures to prevent and eliminate the causes of sources of anthropogenic emergency situations, as well as to limit damage from it.

Preparing for emergencies (preparation for emergencies) is carried out as the advance creation on a certain territory, an object of the national economy or other purpose of conditions for effective actions of the daily management bodies, forces and means, as well as the population to eliminate emergencies and life support of the population in these zones.


Emergency planning (emergency planning) is the development of targeted programs and action plans in the field of protecting the population, objects of the national economy and the environment from natural and ecological disasters, accidents or disasters, epidemics, epizootics and epiphytotics, as well as from the effects of modern means of destruction.

In short, 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 hostilities or in other cases of the use of weapons of mass destruction and other military means, including providing the population with protective equipment and structures, conducting dispersal and evacuation and other measures;

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

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

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

Priority life support for the affected population; - participation in the development and implementation of measures aimed at increasing the sustainability of the functioning of sectors and objects of the national economy (economy) in war (or pre-war) times, including a 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 supplies;

Ensuring the implementation of civil defense requirements in regulatory documents and during 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 in the required readiness of 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.

From this it is clear that the governing bodies, forces and means of civil defense are involved and involved in peacetime to solve various problems of protecting the population and territories, as well as carrying out various humanitarian missions of the Russian Emergencies Ministry.

The production principle consists in organizing civil defense in each ministry, department, institution, at the facility. The heads of civil defense enterprises, organizations, institutions, educational institutions are their heads.

The chiefs of the civil defense exercise the leadership through the headquarters subordinate to them for civil defense affairs, emergency situations and liquidation of the consequences of natural disasters (the headquarters of the civil defense). GO headquarters are staffed with full-time employees and persons involved in part-time work.

In order to organize special events in the area of \u200b\u200bcivil defense in peacetime and to control forces and means during the conduct of SDNR in the centers of destruction, services are created at the headquarters of 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.

At large (categorized) objects of the national economy, the following services are usually created: medical, fire, protection of public order, engineering, energy, communications, utilities, motor transport, trade and nutrition, material and technical supply, technical, protection of animals and plants, anti-radiation and chemical protection, emergency technical, shelters and shelters.

At the head of the civil defense services are the heads of the departments and organizations on the basis of which they were created.

For direct implementation of civil defense measures 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.

The forces and means of eliminating the consequences of emergency situations include:

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

2. Other military, paramilitary and other formations of the EMERCOM of Russia.

3. Military units, paramilitary and non-military (NV), firefighting, emergency rescue and emergency recovery formations 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, Trade, Fishing and river fleets.

4. Institutions and formations and other formations of the EMERCOM 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 to prevent the descent of avalanches and hail.

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

Military units (separate mechanized brigades, regiments and battalions, pontoon-ferry battalions, special protection battalions, separate helicopter detachments, anti-radiation and anti-chemical reconnaissance detachments) carry out SIDNR at the most important objects and provide entry into the centers of destruction of non-military formations, which are the basis of civil defense forces.

Non-militarized 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 working-age population at the age of:

Men from 16 to 60 years old,

Women - 16 to 55 years old.

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

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

NFs by subordination are divided into territorial and object ones. The facility, as a rule, carry out SDNR at their facilities, and the territorial ones are intended to carry out work at the most important facilities independently or together with facility formations.

By designation, territorial NFs are divided into general-purpose and special formations; general-purpose formations - consolidated rescue teams, rescue teams (groups) and general reconnaissance civil defense reconnaissance groups; special purpose - the formation of civil defense services. Object NFs are divided into general-purpose formations (consolidated rescue teams, rescue teams, teams and groups of an industrial or other facility and a general reconnaissance group 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 the number of workers and employees of these enterprises. The goal is to increase the efficiency of rescue operations directly in the focus of destruction. Other NF at such facilities are created as needed).

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 with urban and rural areas and ending with republican non-oblast divisions.

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 operations in the centers of destruction in wartime conditions. The recruitment and training of rescue teams is carried out in peacetime, and alerting is carried out within 24 hours after receiving the appropriate order.

The service units include: radiation and chemical observation posts, communications units, sanitary squads and sanitary posts, fire brigades (divisions, units), emergency technical groups (units), detachments (teams, groups) of anti-radiation and chemical protection, groups (units ) for the maintenance of shelters and shelters, teams (groups, links) for protecting public order, food and trade units, etc.

Object formations of services are created only at large (categorized) objects, territorial ones - only in district and city civil defense services. Formations of services are created from specialists of the corresponding 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 formations of high readiness with the possibility of their deployment within 4-6 hours from the moment of receiving the corresponding signal to alert them (the degree of readiness of territorial formations is established by the corresponding head of the civil defense in agreement with higher authorities).

The most important rescue service is the Emergencies Ministry's Centrospas and similar services in regional centers. They are equipped with airplanes, helicopters, all-terrain vehicles, hang-gliders, special equipment and are staffed with highly qualified professional rescuers with 6 or more rescue specialties. These services are always available.

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

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

Ministries and departments of the 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 emergency departments and headquarters of civil defense; city \u200b\u200band district CoES and headquarters.

The project was implemented by the Autonomous Non-Commercial Organization “ National Institute for Systemic Research of Entrepreneurship 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 of the activities of the specially authorized body

1.2. The main tasks of the specially authorized body

1.3. Functions of a specially authorized body

1.4. Rights of a specially authorized body

1.5. The leadership 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. Coordination Council under a specially authorized body

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

2.1. Analysis of federal legislation

2.1.1. Introduction

2.1.2. Proposals to change the measures of responsibility for some 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 Amending the Code of the Russian Federation on Administrative Offenses Related to 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. 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 of self-regulatory organizations of entrepreneurs bona fide entrepreneurs

3.6. Mutual insurance

3.6.1. General Provisions

3.6.2. Mutual insurance terms

3.6.3. Compulsory mutual insurance

3.6.4. Mutual Insurance Societies

3.6.5. Mutual insurance contract

3.6.6. State regulation of mutual insurance

3.6.7. Self-regulation of participants in mutual insurance

3.7. Conclusion (summary)

4. Systems for issuing entrepreneurs a "Declaration of Confidence"

4.1. General provisions and objectives of the implementation of the "Declaration of Confidence"

4.2. Participants of the Declaration issuance system

4.3. List of control and supervisory bodies participating in the Declaration issuance system in the territory of Moscow.

4.4. Coordinating body of the Declaration issuance system

4.5. Procedure for issuing the Declaration

4.6. Duration of the Declaration

4.7. Declaration holder status

4.8 Procedure for verifying the holders of the Declaration. Suspension, renewal and revocation of the Declaration

4.9. Responsibility of holders of the Declaration for violation of the Declaration

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

5.1. The need to create self-regulatory organizations of bona fide 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 bona fide entrepreneurs

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

5.4.1. Principles for the creation and operation of self-regulatory organizations

5.4.2. Constituent documents of a self-regulatory organization

5.4.3 Reorganization of self-regulatory organizations

5.4.4 Procedure for liquidation of self-regulatory organizations

5.5. Organizational structure of self-regulatory organizations of bona fide entrepreneurs

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

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

5.5.3. Self-regulatory organization board of directors

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. The 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. The procedure for admitting members to the self-regulation 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 bona fide entrepreneurs

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

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

5.10. Conditions for suspension of certification or withdrawal of the status of a “self-regulatory insured” organization

5.11. The procedure for obtaining a self-regulatory organization "Declaration of Confidence"

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 Information Center creation. Directions for solving problems

6.3. Structure and functions of the Clearing House

6.4.1. Creation and maintenance information system citywide deployment 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 holding and conditions of 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. Implementation of leasing mechanisms

7.3. The mechanism for creating the "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 the functioning of training centers in the field of production and circulation of food products

Applications

Appendix # 1

Appendix # 2

Introduction. The 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 invariable, 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 production and state control of the quality and safety of products.

An important role in this is assigned to legal means of ensuring proper quality products by establishing various measures of economic and moral incentives, the procedure for setting 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, many 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 increasing 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 for 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 on the territory of the city of Moscow:

Organizational nature. They include the creation of a specially authorized body to ensure the implementation of 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 Coordination Council under this body, which will include representatives of all bodies carrying out control and supervisory activities in the territory of Moscow (federal and city), as well as other bodies whose participation in the Coordination Council is necessary for the implementation of a coordinated policy aimed at increasing the quality of products manufactured 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 governing liability in the field of food production and circulation.

Economically - organizational. 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 Confidence” to entrepreneurs; development of a procedure for the creation and organization of the activities of self-regulatory organizations of bona fide 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 training and certification centers for personnel in the production and circulation of food products.

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

The primary link in industry as a single economic and economic complex and all structural elements of its system are economic entities engaged in the production of industrial products and acting on the commodity market as subjects of entrepreneurial activity aimed at making a profit. They are commercial organizations, different in their organizational and legal forms: enterprises, firms, small businesses, production cooperatives, joint stock companies, concerns, associations and other industry, intersectoral, territorial associations. By 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 of Energy and Electrification - RAO UES of Russia, the Russian Joint Stock Company Gazprom, which are founded by the Government of the Russian Federation. They act as unified industrial and financial complexes. These are natural monopolies with 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 Natural Monopoly Entities, which includes organizations (legal entities) engaged in the transmission of electric and thermal energy, gas transportation through pipelines, transportation of oil and oil products through trunk 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 sectors of the industrial complex, directing, coordinating, ensuring and controlling the work of all central executive authorities of the sectoral and functional competence of ministries, state committees and other federal departments in charge of the relevant industries and areas of activity of the industrial complex; manages federal property; conducts the entire systemic and structural organization of the central federal apparatus of state executive bodies, directing and controlling their activities; establishes the legal status of state executive bodies, 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 about it, see: SZ RF. 2004. No. 25. Art. 2566) as a body of sectoral state regulation 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 nuclear energy; for energy; for industry; space agency; for construction and housing and communal services).

State control and supervision activities in the industrial complex. In the industrial complex, as in all other sectoral economic and economic complexes, the state executive authorities of intersectoral competence apply administrative responsibility for the intersectoral scale and nature to the guilty individuals and legal entities, for example, for violations of labor and labor protection legislation (Article 5.27 Administrative Code of the Russian Federation), fictitious or deliberate bankruptcy (Article 14.12 of the Administrative Code 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 types of administrative responsibility of a sectoral scale and nature, which are used 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 the mandatory requirements of 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, there are a large number of design and construction and design and technological organizations, 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, according to which the construction of a specific building or structure will be carried out. Designing is carried out by many design institutes and other design and construction organizations, which, on a contractual basis, develop construction projects for specific customers, and the relevant state or municipal authorities approve them, as a rule, after a state examination of pre-design and design documentation.

The Government of the Russian Federation manages the socio-economic processes in construction by creating market conditions for free entrepreneurship in the construction sector on the basis of a rational combination of all forms of ownership, creating and implementing the legal mechanism of a market economy; unites and directs the work of the central executive authorities operating in the construction sector, 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 the establishment of the foundations of the federal policy in this area, the establishment of the procedure for maintaining the state urban planning cadastre and monitoring of objects of urban planning activities; the establishment of a licensing procedure for the development of urban planning and design documentation, the establishment of a procedure for issuing permits for the construction of real estate of federal significance, as well as real estate in 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 the management of construction in the constituent entities of the Russian Federation are exercised within the territorial limits of this constituent entity by the supreme executive bodies of this constituent entity (governor, administration, government).

In the jurisdiction of municipalities in the field of urban planning are: adoption and amendment of building rules, approval and implementation of urban planning documentation; organizing the maintenance of the state urban planning cadastre and monitoring the objects of urban planning activities in the event that local governments are vested with the appropriate powers; control over 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 (the Ministry of Economic Development and Trade of the Russian Federation, the Ministry of Finance of the Russian Federation), as bodies of inter-sectoral functional regulation, within their competence, exercise the same functions and powers in the construction complex as in other economic and economic complexes.

The body of sectoral regulation in the construction complex is acting in the system of the Ministry of Industry and Energy of the Russian Federation Federal agency on 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 during the development, review and approval process design and estimate documentation for construction. During the construction process, a special service of designers carries out an author's inspection - control of a representative of the design organization over the correctness of the project by the builders.

Control and supervisory functions for the safe conduct of work in construction, compliance with fire safety, environmental, sanitary and anti-epidemic and other rules are carried out, respectively, by the bodies of state technical supervision, electronic 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 exercise preventive state control and supervision, giving opinions on construction projects in terms of compliance with all norms and rules. During the construction process, they are empowered to exercise current state control over the actual observance of the rules and regulations by the builders. At the same time, officials of control and supervisory state bodies have the right to apply measures of administrative prevention, suppression (suspension, prohibition of work) and administrative punishments provided for in 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 branches agriculture (forestry, hunting, fisheries, land reclamation and water management, procurement, storage and industrial processing of agricultural products).

Economic reforms carried out 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 management of agriculture has now been replaced by state regulation of agro-industrial production through the economic influence 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 material and technical support 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, crediting, insurance, preferential taxation; protection of the interests of domestic producers in the implementation foreign economic activity; development of science and implementation of scientific activities in the field of agro-industrial production; development of the social sphere of the village; 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 Agroindustrial Production").

The Government of the Russian Federation exercises overall coordination of work and control over the activities of all federal executive bodies (ministries and departments) operating in the agro-industrial complex system or having any functional relation to it. The most important areas of government regulation of the organization and activities of the agro-industrial complex include the development of federal target 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, determining 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 of state support to the 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 coordinates the activities in this area of \u200b\u200bother federal executive bodies 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 bodies, 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 Supervision, Federal Agency for Agriculture and Federal Agency for Fisheries.

In the system of the Ministry of Natural Resources of the Russian Federation as a federal body for managing forestry, water resources and subsoil use, there are the Federal Service for Supervision in the Sphere of Ecology and Natural Resources, the Federal Agency for Forestry, 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 and appropriate use and preservation material values, prevention of epidemic and other unsafe human diseases among animals and plants, ensuring high quality of agricultural products harvested for industrial processing and long-term storage.

Those operating in the system of the Ministry of Agriculture of the Russian Federation have the right to bring to administrative responsibility the guilty individuals and legal entities:

bodies of state veterinary supervision and their officials (Article 23.14 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules of animal quarantine or other veterinary and sanitary rules; concealment of information about a sudden death or about simultaneous mass diseases of animals; for violation of the veterinary and sanitary rules for the transportation or slaughter of animals, the rules for processing, storage or sale of livestock products (Article 10.6-10.8 of the Administrative Code 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 plant pests, pathogens of plant diseases; violation of the procedure for the import and export of regulated products (regulated articles, regulated goods; for violation of the rules for the production, procurement, transportation, storage, processing, use and sale of regulated products (regulated goods, regulated goods) (Article 10.1-10.3 of the Administrative Code of the Russian Federation);

bodies of state control and supervision in the field of plant protection and their officials (Article 23.16 of the Administrative Code of the Russian Federation) - for violation of the rules for handling pesticides; violation of the rules for combating weed plants (Article 8.3, 10.1 of the Administrative Code 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 agricultural seeds; for violation of the rules for maintaining documentation for seeds of agricultural plants; for violation of the procedure for importing seeds of agricultural plants into the territory of the Russian Federation (Article 10.12-10.14 of the Administrative Code of the Russian Federation).

The bodies of the Rosgoskhlebinspektsiya under the Government of the Russian Federation, exercising state control over the quality and rational use of grain and grain products, and their officials (Article 23.18 of the Administrative Code of the Russian Federation) may bring individuals and legal entities for violation of the rules for storing, purchasing or rational use of grain and its processed products, the rules for the production of grain processing products (Article 7.18 of the Administrative Code of the Russian Federation).

Many executive bodies, vested with the right to apply administrative punishments, operate within the system of the Ministry of Natural Resources of the Russian Federation:

bodies exercising state control over the use and protection of lands, 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 marks of the boundaries of land plots; for unauthorized assignment of the right to use land; for concealing or distorting environmental information about the state of land; spoilage of land; for non-fulfillment of obligations to bring lands to a condition suitable for use for their intended purpose; for the use of land not for its 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 Administrative Code of the Russian Federation);

bodies exercising state control over the use and protection of water bodies, and their officials (Art. 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 use of it 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 protection zone of a water body, a water protection zone of a water body, or a zone (district) of sanitary protection of sources of drinking and domestic water supply; for unauthorized assignment of the right to use a water body; for concealing or distorting environmental information on the state of water bodies; for violation of the procedure for granting for use and the mode of 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 facilities and devices; failure to comply 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 the territorial sea of \u200b\u200bthe Russian Federation; for violation of the safety standards and rules of hydraulic structures (Articles 7.2, 7.6-7.8, 7.10, 8.5, 8.12-8.16, 8.19, 9.2 of the Administrative Code of the Russian Federation);

bodies authorized in the field of use, protection and protection of the forest fund, and their officials (Art. 23.24 of the Code of Administrative Offenses of the Russian Federation) can be held administratively liable for unauthorized occupation of forest land plots; for the destruction of special forest management and forestry signs; for unauthorized occupation of a forest area; for the use of objects of the animal world without a permit (license); for concealment or destruction of information about the state of forests, forest lands and many other types of rules and regulations for forest use, protection and protection of forest resources (more than twenty items) (Articles 7.1, 7.2, 7.8-7.11, 8.7, 8.8, 8.12, 8.13, 8.24-8.37 of the Administrative Code of the Russian Federation);

bodies authorized in the field of protection, control and regulation of wildlife objects classified as objects of hunting and their habitat, and their officials (Article 23.26 of the Code of Administrative Offenses of the Russian Federation) are empowered to bring to administrative responsibility those responsible for the destruction, damage of special signs installed users and guardians of the animal world; use of objects of the animal world without permission (license); in violation of the rules for the protection of the habitat or the migration routes of animals and many other rules of ten titles (Articles 7.2, 7.11, 8.33, 8.34-8.37 of the Administrative Code of the Russian Federation);

state environmental control bodies and their officials (Article 23.29 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility those responsible for the destruction or damage of signs of specially protected natural areas; for non-compliance with environmental requirements in planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities; for non-compliance with environmental and sanitary-epidemiological requirements when handling production and consumption waste or other hazardous substances and a number of other environmental requirements and norms (about twenty items) (Articles 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).

Fisheries conservation 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 violation of 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 objects of the animal world classified as aquatic biological resources, and their habitat (Articles 7.2, 7.11, 8.33, 8.34-8.38, 11.8-11.11, 11.13, 11.15-11.17 of the Administrative Code 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 commonality, carried out by the enterprises of these industries, economic and service activities, which is 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 the beneficial effect of one or another use value that does not have the physical form of the product, but has the 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 the production cycle does not close in the system of organizations in this industry, goes beyond it and continues further in the form of interaction of organizations of this service industry with the clientele. The whole point of the activities of the service industries is precisely in the proper clear organization of services to individuals and legal entities (clientele) outside this service industry. This determines 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 industry itself, emerging between enterprises of service industries and the 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 corresponding service industry and intra-industry management bodies and at ensuring a clear and uninterrupted operation of the entire system of the industry (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, management functions of an intersectoral scale and nature are aimed at regulating relations between enterprises and organizations of the corresponding service industry with the clientele: establishing service rules (rules for transportation, trade, rules for providing services of a domestic nature, rules for using residential premises, etc.), establishing rules and the operating hours of enterprises and organizations of service industries, the establishment of rules for the use of 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 organizational, managerial acts that precede civil law relations in which enterprises of service industries enter with their clientele.

Essential element government organization any types of economic services for individuals and legal entities is to protect their interests as consumers. The UN General Assembly resolution of April 9, 1985 "Guidelines for consumer protection" enshrined 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 safety.

All these rights to one degree or another have already been reflected in modern Russian legislation on consumer protection: in the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, in the Federal Law “On Antimonopoly Policy and Support of New economic structures", The 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 highest executive body, develops state policy in the organization and operation 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 execution 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 interaction of federal executive bodies on consumer protection issues, the Government of the Russian Federation has created an Interdepartmental Council for the Protection of Consumer Rights, one of the main tasks of which is to coordinate the actions of federal executive bodies on the implementation of the Law of the Russian Federation "On Protection of Consumer Rights" and to participate in the implementation of measures to improve the mechanism for implementing legislation on consumer protection.

The Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing operates within the system of the Ministry of Health and Social Development of the Russian Federation.

In the system of the Ministry of Information Technologies and Communications of the Russian Federation (Regulations on it see: Russian newspaper... 2004.1 July) are valid:

Federal Service for Supervision in the Sphere of Communications, Federal Service for Supervision in the Sphere of Transport, Federal Agency for Air Transport, Federal Road Agency, Federal Agency for Railway Transport, Federal Agency for Sea and River Transport, Federal Agency for Communications, acting on the basis of the Regulations on them, approved by resolutions RF Government. Inter-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 constituent entities of the Russian Federation is carried out by the Federal Agency for Construction and Housing and Communal Services, acting in 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 supervisory bodies and their officials:

Bodies of the Russian transport inspection and their officials (Article 23.36 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring individuals and legal entities to administrative responsibility for administrative offenses provided for in 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.

Bodies of road transport and their officials (Article 23.37 of the Code of Administrative Offenses of the Russian Federation) are entitled to bring to administrative responsibility persons guilty of committing administrative offenses provided for in Art. 11.15, 11.18, 11.19 of the Administrative Code of the Russian Federation.

The bodies of maritime transport 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.

Bodies of inland waterway transport 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 of the Administrative Code of the Russian Federation.

Bodies of the 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 provided for in Art. 8.22, 8.23, 11.7-11.13 of the Administrative Code of the Russian Federation.

Railway transport authorities and their officials (Article 23.41 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses provided for in Art. 11.1, 11.14-11.19 of the 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 provided for in Art. 8.22, 8.23, 11.3, 11.5, 11.14-11.19 of the Administrative Code of the Russian Federation.

Bodies of the unified air traffic management system 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 provided for in Art. 11.4, 18.1 of the Administrative Code 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 protection of consumer rights and their officials (Article 23.49 of the Code of Administrative Offenses of the Russian Federation) are entitled 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 in the development of investment programs for employment of the population, in the use of levers of tax and credit regulation to support enterprises that retain previously created jobs, support for enterprises that create jobs for persons who are not competitive in the labor market, and the development of a system of material compensation in case of unemployment.

In Russia, since June 1992, the Ministry of Labor and Social Development of the Russian Federation has been responsible for state regulation of the labor market.

Besides 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.

The effectiveness of organizational measures of social protection the unemployed depends on the development of the labor market infrastructure, which presupposes the presence 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 of social partnership. The inclusion of special bodies in the system of relations between the subjects of the labor market is intended to ensure the removal of contradictions between them, to organize and regulate the employment policy using a variety of economic instruments and legal norms.

To legal forms of protectioninclude 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 of the Population 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, and the principles of compensation payments in case of loss of work.

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 the following guarantees in the field of employment:

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

Free assistance in selection suitable job and employment by the FSZ;

Providing suitable work for graduates of educational institutions in accordance with applications submitted in advance by enterprises, institutions, organizations;

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

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 concluding fixed-term agreements (contracts) for participation in paid public worksorganized taking into account the age or other characteristics of citizens;

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

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

Ensuring equal opportunities for all citizens of the Russian Federation in the exercise of the rights to voluntary work and free choice of employment;

Workforce development;

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

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

Providing social protection in the field of employment;

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

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

Encouraging employers to create jobs.

The RF Law on Employment (Article 2) defines the employment criteria. In accordance with them, citizens are considered employed:

Those working under an employment contract who have other paid work (service), including temporary, seasonal work;

Self-supporting work, including ITD (including farmers, creative workers), entrepreneurs, as well as members of production cooperatives. Sometimes it is difficult to classify farmers as employed family members. If the farm enterprise is registered as a family business, owned by family members on the basis of common ownership rights, 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 employed;

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

Servicemen of any kind of troops serving in the database;

Able-bodied students of any full-time education, including training 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.

Since compulsion to labor is prohibited, the unemployment of a citizen cannot serve as a basis for legal responsibility. Only the citizen himself freely decides to exercise his right to work in any form of employment or not to exercise it at all.

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

An exception is made for cases established by law. These can be the penalties provided for by the Criminal Code for crimes in the form of correctional labor, which are assigned 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 bodies in charge of the application of correctional labor. Withholding is made from the convict's earnings in the amount established by the court (in the range from 5 to 20% of earnings).

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

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

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

c) were ready to start work.

According to the ILO methodology, 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 a job and are ready to start it.

Unemployed citizens registered by the PES have the right to benefits and compensations established by law for persons without work (profitable employment).

 

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