-
THE PROJECT
the ninth edition (December 2000)
THE FEDERAL ACT
" About social safety and social progressing
"
-
Is introduced repeatedly by deputies
of State Duma —
-
By the members of Committee of State
Duma on safety
-
В.И. Илюхиным, П.Т. Бурдуковым
TABLE OF
CONTENTS.
THE
CHAPTER I. the general PROVISIONS
THE CHAPTER
II. PRINCIPLES And RULES of REALIZATION of SOCIAL EXPERTISE
THE CHAPTER
III. THE ORDER USAGES of OUTCOMES of SOCIAL EXPERTISE FOR
CREATION of GEARS of DEPRESSING of ANTISOCIAL ACTIVITY
THE CHAPTER
IV. THE ORDER USAGES of OUTCOMES of SOCIAL EXPERTISE FOR
CREATION of GEARS of ACCELERATION of SOCIAL PROGRESSING
THE CHAPTER
V. ORGANIZATIONAL PROBLEMS
The present Federal act determines legal, economical and social fundamentalses
of activity on supply of social safety and acceleration of social progressing
of Russian Federation.
The activity on supply of social safety and acceleration of social progressing
of Russian Federation includes:
-
Activating of social activity already of existing state, parliamentary
bodies(organs), institutions of local government, scientific institutes
and diverse already of operating entitiess within the limits of their authorities
for rise of a level of interest them in social progressing of company,
-
activating of a creative potential of the population on supply of
social safety and acceleration of social progressing of Russian Federation,
-
Creation of the applicable federal and domestic normative subordinate legislation.
Primary goals of activity on supply of social safety and acceleration of
social progressing of Russian Federation are:
-
Detection and rating of the centers potential social perils, conflict situations,
looking up and rating of potential spares of rise of social safety and
accelerations of social progressing,
-
Rating of damage from any antisocial activity, charge and assertion наносителю
of the sums for his(its) indemnification(compensation) for the benefit
of damaged;
-
Development both implementation of the programs and projects directed on
rise of social safety and acceleration of social progressing,
-
Looking up, rating and selection(sampling) for broad usage already of existing
economical gears, facilitiess and methods of acceleration of social progressing,
-
Development and creation of facilitiess of broad applying of material and
moral encouraging for accelerated social progressing and material sanctions
for plotted social damage,
-
Adjustment of a system of regular (continuum) definition of social performance
of организационно-engineering designs, programs, bills, proposals, novelties
realised innovations and operating objects,
-
Methodical and orgware of activities on social expertise of socially significant
objects, studies and developments presented for obtaining of state and
diverse awards, grants etc.
-
Development of rules of thumb of activating of a creative potential of
the population on rise of social safety and acceleration of social progressing
of Russian Federation.
THE CHAPTER I. THE GENERAL
PROVISIONS
The article 1. The main(basic) concepts
In the present Federal act the following main(basic) concepts will be used:
The social safety — a state of company, including all main(basic)
orbs of production, social orb, guards of an internal constitutional order,
exterior safety, culture, at which one is provided a reference level of
social settings and granted social values — material, временны'х, sanitary
- epidemiological, ecological, psychological and diverse, defining a quality
of life of the person and company as a whole and the minimum risk for life,
physical and mental health of the people is guaranteed;
Public progressing — economical, social, ecological and diverse
progressing of a social production, as a whole of human community at the
expense of implementation of innovations, and also at the expense of progressing
spiritual, intellectual(intelligent) and physical capacities of the citizens
and conditioning for effective implementation of these capacities;
Social progressing — material, social, moral, intellectual(intelligent)
and diverse progressing of company in a direction of improvement of the
quality of life of the people — present and future breeds;
Ecological progressing - progressing (perfecting) of an ambient
environment in a direction of an increase in the effectiveness of production
and quality of life.
Extent of social progressing — the generalized performance of an
extent of variation благоприятности, public usefulness or harm (damage)
at the expense of variation of social settings of habitability of the Russian
company and at the expense of acquisition (consumption) of the social values.
Quality of life — the generalized performance of safety and благоприятности
of social settings of existence and freedom of the person, company; expresses
in relative units of usefulness (потребительной of the cost) cumulative
consumable social values in calculation on one person;
Social settings — material, временны'е, ecological, sanitary - epidemiological
(hygienic), psychological (including aesthetic and ergonomical) and diverse
living environments of the people defining their welfare (well-being),
favorable physical, psychological, intellectual(intelligent) and moral
state (comfort), their safety (internal both exterior, personal and public)
and creating reasons for productive habitability, conservation of quality
of a gene pool, rise of a cultural level, for spiritual, physical and moral
progressings of the person and company;
Social factors — exterior in relation to the person the factors,
nomenclature and the levels determine which one social settings of his(its)
existence;
Ecological living environments of the people, collectives - conditioned
by the natural factors and economic activities set(combination) of environmental
factors defining performance of a social production and a quality of life
Environmental factors - factors of an ambient environment; not indifferent
for the person and company;
The official social norms(standards) both standards — scientifically
justified(scientifically reasonable) and approved federal or municipal
(domestic) by executive bodies the factors and their ultimate
values (ПДК, ПДУ, ПДВ...), adopted as mandatory on the given period of
time in the given terrain (locale);
The public social norms(standards) — historically adding up in the
given locale, in the given terrain общественно adopted levels of social
factors steadied as a result of public practice;
Extraordinary social situation — a situation, at which one by virtue
of economic activities of the person and natural natural processes public
and personal safety of the citizens, and also supply of the population
with the vital social values are threatened on all or on a significant(sizeable)
part of territory of Russian Federation or separate locale of Federation;
Bodies(organs) of social progressing — state and public organizations,
their subdivisions, other entitiess accredited on the right of realization
of activities or rendering of services by a rating, supply of social safety
and acceleration of social progressing;
Social expertise — expertise of the new goods, which have appeared
or anticipated in the social market, services, and also natural and public
phenomena directed on detection set in and (or) anticipated positive or
negative social consequences (of variations of social factors), their speakers,
and also cumulative quantitative (cost) rating of social safety, level
экологичности and quality of commodity, social effect or damage — actual
and (or) potential for a real scale of effect of consequences;
Social effect (damage) — a cumulative rating in a value form of
public favour (harm), and, accordingly, variation of a quality of life,
including variation material, временны'х, ecological, sanitary - epidemiological,
moral and any diverse factors, not indifferent for the person, as outcome
positive (or negative) variations of social settings, concerning a precursor
(baseline) level, official or public norms(standards) and standards;
expresses in cost units of public usefulness made, made or scheduled(budgeted)
variations from implementation of intellectual(intelligent), creative,
organizational, technical and diverse achievements (innovations) or from
originating natural phenomena;
Coefficient of complementary upbuilding of fault — boosting coefficient
to a capital amount of the marked damage because of inflation of money
resources, occurrence(appearance) of the extra costs (material, physical,
moral..) damaging, damaged from the moment, before awarding judgement about
his(its) indemnification(compensation) established(set) for buy-back,
воспитательных, frightening purposes, radium preventive maintenance and
protection against pernicious influencing on other persons, capability
(risk) of growth(increase) of damage hereafter and that of look-alike reasons;
наноситель of damage (причинитель of a harm) — the natural or legal
person, which one as a result of violation(disturbance) of social conditions(situation),
default of the auxiliary or ethical responsibility, incidentally or designedly
has plotted to other person physical, material, moral or diverse damage.
The article 2. The legal basis(fundamentals)
of supply of social safety and social progressing
1. The legal basis(fundamentals) of supply of social safety and social
progressing are the Constitution of Russian Federation, present Federal
act the conventional principles and norms of international law, international
treaties of Russian Federation, and also other normative legal acts, published
on their bases(fundamentals) as a whole defining a state and public system
of supply of the warranties of social safety and social progressing, organization
of development and keeping up of an indispensable (nominal) minimum of
the social norms(standards) and standards;
2. If the international treaty establishs more effective rules of social
progressing, than those, which one are stipulated by the legislation of
Russian Federation on social safety and social progressing and present
Law, these rules of the international treaty are applied. Otherwise Russian
Federation tenders the initiatives on perfecting the international legislation.
3. For supply of social safety and social progressing the state executes
measures on check and urging of production in Russian Federation of the
main(basic) social values, to allocation of social settings and executes
regulation of the social market according to the Constitution of Russian
Federation and present law.
The article 3. Communal principles of
supply of social safety and urgings of social progressing
1. the main(basic) organizational resource of supply of social
safety and acceleration of social progressing is the creation of economical
gears, founded on full indemnification(compensation) by the infringers
of any kinds of plotted damage and on urging on end results of positive
variations of any social factors, not indifferent for the person and company.
2. The installation of the parties in fault and demanded sums of compensation
of damage from socially negative activity is made by bodies(organs) of
civil legal proceedings on the basis of the data of social expertise -
directly or through administrative commissions of bodies(organs) of the
local authority;
3. The installation of the sums of encouraging of socially positive activity
is made by bodies(organs) of trade unions of firms and (or) administrative
commissions of bodies(organs) of the local authority depending on a sphere
of action of positive social variations;
4. The social expertise is executed on the contractual basis(fundamentals)
by(with) centers of social progressing - consulting legal entitiess, educational
institutions, scientific entitiess (as a whole or their subdivision), accredited
on the solution of a permanent Federal commission till entitiess of a system
of accreditation on the right of realization social expertise,
social audit and certification under the social requirements (further:
federal commissions on social accreditation) on the right of fulfilment
of functions of social expertise, social audit, certification of quality,
development of the social projects etc. - depending on personnel, material
and other capabilities аккредитуемых of entitiess; the involvement in sessions
of the court for rendering consulting operatings and diverse support of
this or that side concerns also to problems of centers of social progressing.
5. The federal commission on social accreditation will be organized by
Government of Russian Federation. The structure of a Commission is determined
and in subsequent, if necessary, is annually adjusted by selection(sampling)
from among the quoters from different offices, entitiess and firms by professional
and ethical yardsticks. In the responsibility of a Commission the organization
of opening-up enters; and the statement(confirmation) of methodical
materials, teaching, accreditation (is independent or on a commission -
writers of the prepared methodical materials) and allocation of methodical
materials to the accredited centers of social progressing, regular rating,
inspection check of activity of the accredited bodies(organs) and productivity
by them of methodical materials.
6. At definition of an extent of social safety and social progressing such
factors, as are subject to the registration:
-
Rise of threat to life, health, property and personal contributions of
the population,
-
Loss of the family provider, other negative factors, foreseen Civil code
of Russian Federation,
-
Material, psychological, временны'е and diverse overloads of the person
separate groups of the population and company as a whole;
-
Impurity harmful техногенными by chemical agents and biological objects
of air, potable water opened basins and soil;
-
Effect of the physical factors: radio waves, radioactive contamination,
noise, dust etc.;
-
Forward(straight) contamination by parasites, including Through the domestic
animals;
-
Sanitary - epidemiological impurity and деэстетизация of territory;
-
Negative, effect on physical and mental condition of the person over the
established official and public norms(standards) — of a social background
registered subjectively, through all sense organs of the person, including
acoustical, visual, olfactory, gustatory and other, and objectively, by
the way beefing-up available or occurrence(appearance) of the new expressed
signs of diseases (defeats), delay of treatment, aggravation of illness,
negative variation of the main(basic) biochemical and physiological parameters(indexes)
etc., including because of an ineffective and incorrect direction of treatment,
non-presentation by treating entities of the information indispensable
ill or his(its) cognates, other treating entities;
-
Rise of social tension (for example, because of переуплотненности and multinationality
of settlement, heightened криминогенности of conditions(situation), dangerous
behavior of the domestic animals, drivers of a motor-vehicle transport,
off-standard activity of power systems, orb of servicing, state of a municipal
infrastructure etc.);
-
Negative informational - psychological effects, including through printing,
body and radio program, as a whole from aesthetic, spiritual impurity of
the information environment;
-
Misinformation, allocation distorted and false of the information;
-
Education of youth and as a whole companies in antisocial spirit,
-
Distribution(propagation) of antisocial philosophy, which one in the long
term can plot to company material, economical, social, moral and diverse
damage, social instability, tension and social failures(stalls);
-
Conservation общественно harmful or общественно of useless productions,
any activity, or artificial termination of activity общественно useful;
-
Fraud of the buyer and seller, including declination to self-deception
from undeserved rise of prestige (image) of the producer;
-
Developments of an obvious or latent corporate egocentricity by the way
of unjustifiable complicating of items, conditions of allocation of services,
departmental rules and operating instructions; общественно not conditioned,
opened or implicit arrangement of the producers etc.;
-
Delay of patenting and promulgation (publication) of socially significant
achievements;
-
Violation(disturbance) of the copyrights, неуказание of a name of the writers
of achievements or holders(owners) of intellectual property,
— And also any other factors negatively affecting health, psychological
and physical condition of the person calling(causing):
-
Ungrounded drop of a material well-being, spare time, impairment of a psychological
state of the people, оглупление, forfeiting of the people of the right
to decide the destiny in a measure of the capacities and, on the contrary,
own licentiousness of the people,
-
Peaking of feeling of aimlessness of existence, ненужности for family or
company,
-
Infringement of feeling of own advantage,
-
Spiritual, mental and psychophysiological degradation of the person,
-
Spiritual and spiritual spiritual bankruptcy, including from breaking down
of national culture, from forfeiting a faith in the future, in characters,
in the resisted inclinings without adequate substitution and (or) psychological
indemnification(compensation).
7. The effect from measures on rise of social safety and acceleration of
social progressing is the basis(fundamentals) for material and moral incentive
of the participants of their creation and implementation indispensable
and sufficient for encouraging and prolongation for socially useful activity.
8. The damage is established(set) ground of outcomes of social expertise
without dependence from availability or absence of rule of laws establishing(setting)
the legal responsibility and envisioning this or that kind(view) of punishment.
9. The damage determines all social responsibility, i.e. responsibility
to indemnify lossed - to the separate persons and population in a material
kind(view) (to pay) all cumulative marked damage, expressed in a value
form, from any negative variations of social factors, and also the cost
of social expertise, cost of legal proceedings, costs of activity of law
enforcement bodies and to pay all indispensable taxes - all with allowance
for to inflation and different charges (discounting) in case of an essential
difference between terms of damaging and payments (indemnification)((compensation)).
10. Indemnification(compensation) of damage marked as a result of wrongful
act or sleeping by one person (persons) to other person (persons), should
be made причинителем of a harm:
-
In the material (money) form(shape);
-
In a full volume, if necessary with allowance for of coefficient of complementary
upbuilding of fault;
-
Irrespective of a nationality, citizenship, age, floor, property and official
rule(situation,position), personal welfare, place of stay both residence
наносителя of damage and lossed;
-
Without dependence from a fitting to this or that entitiess, entity, social
movement or crew;
-
Without dependence from, whether is the marked damage by a reason of the
subjective factors (lacks of education, self-education, incompetence of
nature причинителя or his(its) illnesses — physical or mental) - excepting
the circumstances of force majeure;
-
In case причинитель of a harm (наноситель of damage) is not established
within a month, the repayment of damage is made on-line, from the special
social funds promoted(sustained) by established deductions from sums of
compensation of damage;
-
In case of an imperfection of the legislation, gated in after acceptance
of the given law, — by all persons involved in his(its) development
and the introducing;
-
In case of implementation of innovations — by the natural persons involved
in their creation, development, financing and implementation;
-
If наносителей of damage two or more — that in fractions of involvement,
for example, proportionally personal fractions of the obtained profit.
11. The solution on indemnification(compensation) of damage the court bears
ground of data of social expertise conducted on his(its) solution by bodies(organs)
of social progressing. These bodies(organs) and court bear the parity responsibility
for consequences from usage of outcomes of illusory expertise.
12. Full material indemnification(compensation) of all kinds(views) of
the marked damage (economical, material, physical, social, moral and diverse)
is indispensable and sufficient for supply of social safety and acceleration
of social progressing and does not require(demand) measures of limitation
of freedom причинителя of a harm, if his(its) physical, mental and diverse
features do not require(demand) his(its) isolation(insulation) of company.
THE CHAPTER II. PRINCIPLES
And RULES of REALIZATION of SOCIAL EXPERTISE
The article 4. General purposes, problem and rule
of realization of social expertise
1. The social expertise is carried out(conducted): at opening-up of judgements,
solutions on development and implementation of the projects, about prolongation
of activity of the operational firms and about distribution(propagation)
of the consumer goods, services to the population, activities and conditions
of activity of firms, any socially significant innovations (including the
inventions, discoveries, scientific and technical achievements), solutions
on the beginning or stay of any activity tracking with forward(straight)
and indirect, actual and potential social consequences; at opening-up of
the solutions about issue of the certificates of correspondence to safety
requirements and quality on commodity (goods, service, activity), on management
systems of quality and guards of an ambient environment, ecological certificates
on общественно significant outcomes of economic activities of firms and
on their commodity; At definition of moral, material and diverse incentives,
including at charge of the wage, premiums, awards, at opening-up of conditions
and rendering of outcomes of competitions, at issue of the grants and awards
by the certified outcomes of social activity etc.
2. Social expertise on a capability of occurrence(appearance) and the definitions
of value of social damage with definition of short-range and long-distance,
forward(straight) and indirect consequences should go on all бюджетно financed
общественно significant reorganization, transformation(conversion),
innovation and development.
3. Definition of socially significant parameters(indexes) of a rating and
expertise the effect of the harmful factors not natural (техногенного)
is made on principles of necessity and sufficiency of the registration
of all factors, not indifferent for the citizens and company, — as a whole
or separate most relevant groups, for example, on ecological parameters(indexes)
defining impurity by harmful matters,; and natural genesis.
4. In particular cases for a rating of an extent of effect the statistically
treated outcomes of a ratings established(set) will be used;
metrological, эконометрическими, социометрическими and sociological facilitiess.
At a rating of the factors which are not yielding to metrological measurings
(ethics, aesthetics, ergonomics...), the interrogation of the people is
made under the form(shape) envisioning as an end result definition of effect
and damage (for the person, company) in a value form; for local and off-gauge
cases interrogation to be effected on the applicable groups of the people,
for representative and общезначимых of cases — by realization of referendums
in a scale of locale or as a whole countries.
5. At definition of social consequences the variations of social factors
are allowed in comparison with the official norms(standards) — for безакцептного
(indisputable) exception of the sums and indemnification(compensation)
of damage, and after the special solution of the courts of justice — at
variations in comparison with the public norms(standards) and former, natural,
resisted social settings.
6. The end results of social expertise of socially significant activity
should express by the way sums of the actual for taken into account instant
actual and potential effect and damage in absolute (money) and in the relative
form(shape) — in relation to the general costs or to total amount of production.
Thus the attendant effect or damage is allowed both forward(straight),
and spurious, indirect. The final value of effect or damage is determined
by algebraic summation.
7. For the purposes of competitions of matching are carried out(conducted)
between firms of one functionality.
8. For damage as the consequent непроведения of social expertise or its(her)
bias (predatory or undervalued ratings) liability is born by(with) the
persons receiving solutions.
The article 5. Features of definition forward(straight)
both indirect damage on facilitiess and forms(shapes) of hurting
1. At braking the projects envisioning high social effect,
for the benefit of other, less effective projects, the value of overlooked
effect with allowance for oddss of his(its) occurrence(appearance) is determined.
2. At a rating of damage from deposition of a physical harm
from assault, debacles, emergencies, attacks of animals etc. the losses
of property from loss or from drop of capacity for work, costs of treatment,
physical and mental sufferings, дискомфорт, are allowed; rise
of threat for life of the person, drop of immunity and threat of reduction(decreasing)
of term of life (under the average data).
3. At a rating of damage from advertising activity the possible(probable)
damage from an inaaccurance of an image of the goods (service) created
by advertising, actual goods (service) and accordingly from the skip by
a customer better and cheaper commodity is valued; damage from moral and
psychological overloads of customers of advertising (spectators, listeners,
readers) and third persons owing to applying durable, cumbersome kinds(views)
of advertising, from неэстетичности, immorality and diverse look-alike
psychological overloads at usage of representational facilitiess perceived
by company as negative, damage from discontinuing a body and radio transmissions
etc.
4. At delay of legal proceedings, false arrest and concluding
under the sentinels for want of good causes over the normatively established
(nominal) term the damage from physical and moral sufferings, discontinuings
of labor or educational activity, moral damage for the suspect and his(its)
close etc. is allowed At custody of the persons who are held back under
duress over terms, indispensable for indemnification(compensation) before
the calculated damage, natural and legal persons guilty of it, pay applicable
material and moral damage for the benefit of damaged depending on duration
and conditions of a forced contents.
5. At the ungrounded costs of time and facilitiess for mandatory
visiting of state institutions (judicial, tax, ОВИР etc.) over permissible
and as a result offensive operatings of the officials the costs of time
of trip and servicing, sequential queues and psychological overloads are
allowed. The damage should be paid guilty ground of average data (about
mean endurance and cost of trip, cost free and on-duty time) in the given
locale, a settlement or under the personal data it is ground of the obtained
official information (at the choice of lossed). The damage is paid by(with)
organization, entity in 10-ти day term with the subsequent exception of
these facilitiess for the employees guilty of damaging.
6. By production both implementation of psychotropic and drug
matters, alcoholic facilitiess the damage to the separate persons
and company as a whole from a rise in crime, degradation of the person
and company is allowed...;
7. At cultivation, implementation and contents of the domestic animals
on territories which are man-tended the indirect people, — the heightened
risk of deposition of physical and mental traumas, distribution(propagation)
of taints, деэстетизации of territory, odors and accordingly material,
moral, временно'й, sanitary - epidemiological and diverse damage is allowed
within the limits of effect of all these factors;
8. At smoking in the public places the damage for ambient from exceeding
concentration of toxic substances above ПДК and separately - moral damage
is allowed;
9. At usage of radiotelephones the physical (radiowave) pollution of the
environment and accordingly damage to health (user of the telephone and
ambient population), and also owing to handicapes(interferences) to other
radio equipments is allowed;
10. At usage of transportation facilitiess the rise of concentration of
toxic substances in air, soil and basins, level of an acoustic noise, including
from антиугонных of systems, dust, impurity of property (clothes) of the
citizens cost, established(set) or established in each particular terrain,
of the floor space, held by a transport resource, (at rest and parking),
is allowed; infill of free space by parking near to houses,
the mean costs of time of waiting by the pedestrians for transition of
streets, drop of an aesthetics of territory, damage from mean odds of mutilations,
fatal cases etc.
11. At in-leak(influx) of the refugees and settlers in the populated regions
the reallocating social and free goods to the detriment of for indigenous
population, including damage moral is allowed, in case of the reduced cultural
level of the settlers, not эстетичности and low sanitary - epidemiological
state from the point of view of national customs of indigenous population,
material and moral losses from increase of cases of rip-off and other antisocial
phenomena etc.;
12. At artificial (temporary or constant) termination of activity of the
private persons and firms damage (effect) is determined as a differential
of an annual volume of interrupted activity and damage, plotted by her,(it,)
(if those will be detected), multiplied on actual time of termination;
13. At distorting or reduction(abbreviation) of the information, transferred(handed)
in MASS-MEDIA, without the consent of a source of information the public
harm from distortings and reductions(abbreviations) is allowed;
14. At submission(representation) by mass media insipid and противообщественных
(under the form(shape) and contents) materials, attitude of the spectator
and reader on education бездуховности, the stimulation of low instincts
is allowed material and moral damage to company from drop of culture, labour
productivity, social safety, quality of a gene pool etc.;
15. At maiming, offences, assassination общественно of the recognized persons
the damage personal (material and moral) and mainly - public moral damage
is allowed;
16. At the introducing as the mandatory objectively not justified requirements
and standards, statutory acts (laws, methodical indicatings, mandatory
for fulfilment of the rules), constructed on the error concepts complicated,
переусложненных or partial and ill-defined in the verbiages the direct
damage from non-optimum selection and complementary costs of perception
both comprehension of the not spent texts and usage переусложненных of
design formulas - all this is allowed in comparison with the solutions
known, available in opened printing, or officially to introduced writers
(implementators) of the statutory act on the moment of his(its) statement(confirmation);
17. At невосприятии of more useful novelties in all orbs of a social production,
including medicine, city designing and building, technological and organizational
activities, production activity, the MASS-MEDIA, administrative and any
other activity is allowed overlooked effect for company (material, psychological,
временно'й and diverse) owing to нереализации of the disclaimed proposals;
18. At a development of a corporate (formation) egocentricity, in particular(personally):
from the artificial introducing in a construction быстроизнашиваемых of
details, from unjustifiable public concerns of arrangement of different
firms and branches, the output, общественно harmful at the stage of usage
(applying) etc. is allowed the detected overlooked effect (profit) or allowed
damage and made costs of their detection;
19. At violation or ineffective fulfilment of pre-election pledges and
responsibilitiess, official duties and contracts — the damage is allowed
in comparison with the nominal promised end result;
20. At non-optimum operatings during neutralizing forces majeure, encumbrance
to extension(issue) and implementation of commodity of heightened quality
both safety and preference by less qualitative and ecologically of less
clean commodity; selection(sampling) ineffective in comparison with known
on the given time in the given place (locale) and at realization of socially
ineffective measures all overlooked effect (profit) with allowance for
oddss of his(its) implementation is determined.
THE CHAPTER III. THE ORDER
USAGES of OUTCOMES of SOCIAL EXPERTISE FOR CREATION of GEARS of DEPRESSING
of ANTISOCIAL ACTIVITY
the article 6. The communal order
of charge and assertion for payment of sums of compensation of the marked
damage for usage in judiciary practice
1. To actuation in the buy-back sums shown by court to indemnification
причинителю of a harm, are subject, except for the sum of the marked damage
(at necessities — with applying of coefficient of complementary
upbuilding of fault): all legal cost, including the cost of a consequent
and contents of the judicial vehicle — for listing in the budget; payments
for indemnification(compensation) of the costs of time both money resources
of the witnesses and other involved(attracted) persons, cost of expertise
etc. — for the benefit of the applicable persons, firms and entitiess,
and also established percent of charges for forming special social accumulative
funds.
2. For reduction(abbreviation) of calculations of the buy-back sums they
can be established(set) in the simplified form(shape), by the way of twofold
sum of the marked damage.
3. The damage is determined and is presented for indemnification(compensation)
for all term from a beginning of damaging, but not earlier, than from a
beginning of operating of the given law.
4. All payments are made predominantly through the accumulative funds,
derivated in locales, or through the accumulative scores in сбербанке.
5. At addressless damaging to a number(series) of the persons, for example,
at a pollution of the environment (aerial basin, aqueous basins,
soil...) mobile and fixed sources by any contaminating factors (physical,
chemical, bacteriological...), the general damage to the population is
calculated depending on intensity of impurity, time of effect, number of
the persons influenced, and the sum of indemnifications(compensations)
for exception for the holders(owners) of these sources and allocation among
lossed to the proportionally marked damage is calculated. Thus the claim
of infringement (stimulation in court of business) collective claimant
is possible at any quantity discordant with such procedure feeding the
personal claims.
6. The buy-back sums are collected in 20 calendar days after the decree,
if for this time the new evidences of illegality of definition of damage
will not be submitted(shown). These sums are collected with guilty within
10 days. Since 11 calendar days after the indicated terms at delay of repayment
on the outstanding rest(remainder) the fine(foam) at the rate of the mean
bank credit is calculated. Is enabled no more than two updating(adjustings)
of a primary judgement
7. Payment of indemnifications(compensations) damaged to be effected during
35 calendar days after final awards of court.
8. The payment of the buy-back sums at damage marked by firms, is made
by the persons designing, receiving and stating the solution, the implementation
has reduced which one in damaging. Thus the fraction of involvement of
each of these persons is determined proportionally their fractions in the
profit officially established between them, manufacturing charges of each
person (including a contents of office, personal motor-vehicle transport,
travelling and living expenses etc.), or voluntary agreement of all participants
or equally, if the maiden two ways appear unacceptable.
9. The buy-back sums established by court, are excepted from the known
scores наносителя of damage; in case of impossibility of indemnification(compensation)
of damage at the expense of the personal contributions причинителя of a
harm and his(its) properties (personal property and real estate) should
be used (depending on his(its) personal preferences): personal facilitiess
of the marital partner (marital partners), their parents, children and
other cognates (up to the third elbow inclusively). The infringer can not
be dispossessed of housing completely; the impairment of the housing conditions
is possible up to a level of the minimum norms(standards) (with allowance
for of structure of family) and with moving in the least prestigious regions
given or other settlements. At definition by a way of indemnification(compensation)
of the marked damage can be taken into account(discounted) the judgement
причинителя of a harm.
10. Indemnification(compensation) of damage can be undertaken by(with)
any organization. However thus there should be a solution not
less than 3/4 co-owners (соруководителей) by this entitiess.
11. Indemnification(compensation) of the marked damage from facilitiess
heightened social perils (motor vehicles, some sorts of the domestic animals
and diverse) to be effected from the previously brought in personal mortgage
sums used only on look-alike indemnification(compensation) - if such practice
is stipulated by the regional legislation, or by exception of the buy-back
sums by any other way.
12. If the full payment of the buy-back sum is impossible,
the repayment lossed is made from accumulative funds and the forced fulfilment
причинителем of community works for зарабатывания of facilitiess routed
to accumulative funds is simultaneously assigned; the community works are
assigned with allocation for selection not less than 3 places; thus the
not set norms working day, limitation of moving(movement) and direction
all can be stipulated; the earned facilitiess for indemnification(compensation)
in funds, except for supply of minimum facilitiess on a contents, guards,
and also repayment of complementary damage on the place of confinement,
if those will be marked.
13. If after adjudication about value and rules of depositing of the buy-back
sums and during all term of fulfilment of community works the new facts
will be clarified, the repetitive expertise and new proceeding is made.
Thus in case of error detection of the organs of inquiry, either bodies(organs)
of expertise, or courts of justice in definition of the infringer and sums
of damage more than on 20 percents, the difference is collected for the
benefit of the members, who have lossed from an enabling error,
of expert group, members of the particular full court and persons solution,
stating them, (is proportional to repayment of their transactions).
14. In case причинитель of a harm is in other country, which one is failed
it(him) to give, the damage indemnifies according to two or multilateral
agreements this country and - or the damage is indemnified at the expense
of stayed in country of damaging of facilitiess причинителя of a harm and
- or of his(its) cognates.
15. Nonuse or the inadequate imposition of sanctions under indemnification(compensation)
of the marked damage on whose - or fault attracts assertion of the same
sanctions to from whom this applying depend.
With т and т ь I 7. A procedure of commencing
a suit, legal proceedings and fulfilment of the decree
1. by the pioneer of stimulation businesses and
realization of social expertise on availability and value of social damage
can appear lossed or any other person, any organization, including anonymously,
with submission(supply) of the application is direct or through any body(organ)
of social progressing in district separation of court, which one and assigns
an initial stage — a consequent.
2. production on the fact of damaging, including a valuable
consequent and complex(integrated) social expertise, is made
by the courts of justice directly or, at a damage assumptions is lower
than hundred minimum sizes of the wage, under the decree, — by an administrative
commission preparing independently or with the prompt of the workers of
court materials for referring to court.
3. By results of conducted by court and - or by an administrative
commission of a consequent and social expertise by court is made a decision,
including: value of the full marked damage, indicating of the infringers
- legal and natural persons, concluding about an extent of fault each (in
fractions or in percentage), value of the buy-back sum, form(shape) of
its(her) exception (rule of depositing of indispensable moneys by each
причинителем of a harm), conclusion(injection) about necessity of limitation
of freedom each guilty (in case of his(its) special social perils) and
order of coercion of this solution in fulfilment.
4. For awarding judgement of court the involvement in session
of the court of the sides is their right, but not by the responsibility.
5. consideration of business under the petitions to be conducted
in court above with the intermediate order to address the previous structures
of the full courts. Definitive (last) check of business under the petition
implements Board of the Supreme Court.
6. Госпошлина for consideration of business is paid by the
claimant once at claim of infringement. All consumptions on legal proceedings
are reimbursed by the defeated party or sides to the proportionally established
fractions of their fault, these consumptions are actuated in the buy-back
sums.
THE CHAPTER IV. THE ORDER
USAGES of OUTCOMES of SOCIAL EXPERTISE FOR CREATION of GEARS of ACCELERATION
of SOCIAL PROGRESSING
With т and т ь I 8. The order of realization
of certification of quality of the goods, services, activities and living
environments as facilitiess of urging of public progressing
1. The Centers of social progressing have the right to execute activities
on voluntary certification of quality and экологичности main(basic) and
by-product of economic activities, commodity - goods, services, activities,
and also conditions of activity of firms on parameters(indexes), not indifferent
from the point of view of concerns of a customer, company within the limits
of all values of the not set norms factors, and also set norms factors
in limits which are not subject to mandatory certification, with the indicating
of a degree of quality and (or) ecological purity as complementary usefulness
сертифицируемого of the object of economic activities or his(its) commodity
concerning the object (commodity) instituted(spotted) as baseline, mean
on particular market space all and (or) within the limits of a particular
price category.
2. the organization of opening-up of the specialists for accreditation
of the legal persons on the right of fulfilment of a function of a body(organ)
of certification — that is convener by a Federal commission on accreditation
of voluntary certification of quality and ecological certification — is
carried out(conducted) by the legal person possessing right on accreditation
on this or that system of certification.
The bodies(organs) of certification should dispose full kit of methodical
materials, possibility of using of facilitiess and methods of a rating
for realization of activities, on which one they are accredited, and also
applicable regular personnel.
3. The body(organ) of certification, being grounded on outcomes of social
expertise by working commissions reshaped by him(it) for realization of
activities on certification of each particular kind(view) of commodity
from among the own workers and involved(attracted) on the part of specialists,
makes sure outcomes of activity on certification by design of the certificate
of fitness or ecological certificate with the indicating on his(its) field
of the naming of a body(organ) issuing the certificate, list of kinds(views)
of commodity, which one has passed certification, and outcomes
of calculation of a degree of quality (or ecological purity), and also
date of issue and validity of the certificate.
4. The body(organ) of certification with the purpose of definition of repeatability
of quality or ecological purity of certified products carries out(conducts)
inspection check. The inspection check implements under the initiative
of this body(organ) or under the stated claims of customers or on demand
of a Federal commission on accreditation at the expense of facilitiess
of a body(organ) conducting certification.
Outcomes inspection check are made out by the act,
according to which one the rating of outcomes of check is given and is
concluded a capability or impossibility of conservation of operating of
the issued certificate. the act is stored in a body(organ)
of certification, and his(its) copies are routed to the manufacturer or
supplier of commodity and entitiess which were taking part in check. By
results of inspection check the body(organ) conducting certification, can
suspend or cancel operating of the certificate and accordingly — applying
of the Sign of correspondence (Sign of quality) or to change value of a
degree of quality.
5. The body(organ) of certification bears responsibility for entirety and
objectivity of a rating of quality and экологичности on the moment of certification.
The firm bears responsibility on all validity of the certificate for exact
correspondence of figure of merits and ecological purity of certificated
commodity to the values established as a result of certification on the
given firm.
6. The territory of operating of the certificate of fitness and ecological
certificate, if it is not established(set) at accreditation especially,
has no limitation and is hereinafter determined only by authority of a
body(organ) of certification and system, selected by him,(it,) of certification.
With т and т ь I 9. Material and moral
incentive of socially effective activity
1. the activities on social progressing of locale or production
are carried out(conducted) as a rule on the basis of contractual attitudes(relations)
of center of social progressing with entitiess — by the quoters by domestic
(regional) administration or manufacturing administrations of the subjects
of economic activities. The agreement envisions the indicating of the naming
of activities anticipated social effect on the sum, indicated in the agreement,
of repayment and nominal time of performance, and also percent of rise
or downturn(reduction) of repayment from variation of terms of fulfilment
and effect concerning established in the agreement.
2. In case the activity is encompass byed looking up and neutralizing
of social damage, the fraction of deduction from the obtained sum of compensation
at a rate of 10 % for the benefit of all involved in detection and neutralizing
of damage is established(set).
3. the allocation of the obtained sum between the initiators
of activities by agreement is made proportionally in coefficient of individual
share with predetermined percent of deductions to the pioneers, implementators
and initiators.
4. the publication (notification)((warning)) of locale about
the writers of the carried out project with the indicating of social effect
— absolute and in calculation on one inhabitant — is made in press organs
propagated on territory, for the inhabitants which one the obtained effect
is significant.
5. Depending on the contribution to social progressing awarding
creative extents of public progressing is made. For a lower layer of the
contribution for an admission of public usefulness of creative achievements
of the person with appropriation of a creative extent of the candidate
of public progressing is received real (or reduced to it(him) potential)
contribution, equal среднегодовой of productivity(output) of one mean inhabitant
of the Earth.
THE CHAPTER V. ORGANIZATIONAL
PROBLEMS
With т and т ь I 10. The information
in the field of social safety and social progressing
1. the information in the field of social safety and social
progressing of country should include the data:
About the official state and branch standards, norms(standards) and standards
defining a level nominal (normative) social safety in Russian
Federation;
About a state both speaker of social production and consumption of the
main(basic) social values, about a quality of life of the population in
country as a whole and on separate locales;
About social performance of activity all бюджетно of financed entitiess
and entitiess receiving privilege from the federal and domestic budgets,
and also entitiess declaring about the social directivity;
About a state and tendencies of progressing of the internal and exterior
markets of the main(basic) socially significant goods and services;
About quality, safety, ecological purity of the main(basic) made and imported
commodity;
About outcomes of fulfilment and social performance (actual and potential)
federal purpose-oriented programmes, particular measures on supply of social
safety and social progressing;
About new общественно the useful proposals of the citizens, institutes,
offices... With calculation of potential public usefulness of these proposals;
About the facts of moral incentive for creation and implementation общественно
of the most significant novelties.
2. The information should be: а) full, that is to include all
data, (value) of developments, proposals and other achievements permitting
to customers of the information to decide a problems, put before them is
necessary and defining enough usefulness and also including of all persons,
which one can be responsible for its(her) inferiority and for drop of safety
of commodity below than tolerance level; б) opened for transfer(transmission)
to all interested persons.
3. The order of forming and allocation of the information in the field
of social safety and social progressing determines Government of Russian
Federation.
4. For упорядочивания of the proposals on supply of social safety and social
progressing, for exchange of useful expertise and public improvement of
the socially significant proposals at a Federal commission on social accreditation
there is a periodic publication, and also 0,1 % of the floor spaces of
printed periodicals on each percent of financing them from facilitiess
of the state or domestic budget, same fraction of time of a Aether of a
wireless and television (at evening o'clock) and 1 % of a volume of book
commodity are selected(allocated).
With т and т ь I 11. The responsibility
for violation(disturbance) of the requirements of the present Federal act
1. the violation(disturbance) of the requirements of the present
Federal act entails the responsibility of the officials and citizens according
to the legislation of Russian Federation.
2. As operation of law qualify all противообщественные of violation(disturbance)
with deposition of any kind of damage.
3. the law retroactive has no.
With т and т ь I 12. Transient rules(situations,positions)
1. From the moment of the introducing of the present law to provide an
initial fraction of repayment (indemnification)((compensation)) of the
marked damage, equal 0,3 from the maximum (computational) sum, calculated
to indemnification,(compensation,) with increase through each 0,5 years
of this fraction in 1,3 times down to the introducing of practice of indemnification
of all sum in 2 years after coming into force of the given law. The order,
foreseen data by the law, and earlier operational priority list of social
safety (on selection причинителя of a harm) acts simultaneously on period
before termination(ending) this term.
2. The list of violations(disturbance) of the special nature for conservation
of the former order of legal proceedings is prepared annually
also affirms by the governmental order till May 30.
With т and т ь I 13. Coercion of the
normative legal acts in correspondence with by the present
Federal act
To offer President of Russian Federation and to entrust Government of Russian
Federation to reduce normative legal acts and to elaborate gear of his(its)
implementation according to present Federal act during 60 days after introduction
it(him) by virtue of.
With т and т ь I 14. Coming into force
of the present Federal act
The present Federal act enters into force from the date of his(its) official
publication.
The president
The Russian Federation
Explanatory
slip to the draft federal law
“ About social safety and
social progressing ”
I.
the purpose and problems
of acceptance of the bill.
II. a
total characteristic and original positions of the bill.
III. A
state of the legislation in an orb of social progressing.
IV. The
financial and economic substantiation and social and economic consequences
THE CONCEPT
of the LAW
Brief historical
help
Some of anticipated
consequences
In a system of social progressing and social safety now there
is a significant(sizeable) number of inconsistencies and unsolved problems.
The original positions of the current legislation in this orb act is unsatisfactory.
one of major lacks is conditioned by the main(basic) principle,
by used our right, - necessity installations
exact concurrence(coincidence) of the specification statement of an offence
with this or that norm(standard). From here and huge volume of the statutory
acts, rules from here essential overstressing of channels of the legal
information, overload of the workers of law enforcement bodies, protraction
of legal proceedings for months and even years, and in a number(series)
of cases - ненаказуемость obviously guilty because of absence of indispensable
legislative base — т. е. As a whole ineffectiveness of legal proceedings.
By outcome of legal proceedings on status quo is the fixing
a sentence - punishment, retribution, act of revenge. More often - by deprivation
of liberty.
As far as it is known, the places of confinement is present
school of crimes and a field humiliating existence,
superimposing an infamous and indelible spot on all life resulting in to
irreversible deformations of the person of the person. Besides the concentration
of a уголовно-criminal member of a miscellaneous extent криминальности
creates the real reasons for "exchange" of criminal expertise and for recess
of feeling озлобленности to all company. That the deprivation of liberty
for departure of punishment for the majority is offensive, it restrains
the rights and freedom of the person, degrades the person and, as a rule,
does not reach the ultimate goals: corrections, re-education and preventive
maintenance of unlawful conduct. Besides thus practically damage lossed
never is indemnified and is accomplished large costs to clerical work -
to clerical work - to clerical work - to clerical work - to clerical work
- The criminality also is moral, and economically губит company.
It is not necessary to overlook(forget) and that stipulated fact, that
the legislators, held by casuistry, and initiators of the laws, lawyers
are actually eliminated from the active process of prevention of crime
and could there return in case of essential simplification of legal proceedings.
Is unsatisfactory the legislation works in the field of law-enforcement
activity.
The federal act " About sanitary - epidemiological well-being of the population
in Russian Federation " envisions indemnification(compensation) basically
only of material damage damaged, and if he is marked only as a result of
debacle, has mass nature and thus if is exhibited by the way of expressed
pathology.
In outcome is pure outside of indemnification(compensation) there is a
huge bench of the population, which one suffers constant effect at a level
above ПДК, but poor for originating the expressed pathology. At effect
is lower ПДК even at significant(sizeable) offensive feels of subjective
nature obviously lowering immunity and communal тонус of an organism, i.e.
at marked physical and moral damage damaged nor receive of applicable indemnification(compensation).
But most important is does not stimulate firms contaminating
an environment, to reorganization of the productions.
Envisioned plates of a pollution of the environment also is gentle allow
for social nature of effect on the people and are actually levied in sizes,
sufficient only for existence of bodies(organs) assigned for the assembly(collecting)
of payments. These assemblies(collectings) are many times lower than those,
which one would indemnify real social - ecological damage and would stimulate
nature protection activity (on indirect documents Госконэкологии - approximately
in 300 times).
The bodies(organs) of certification of food, which one work within the
framework of a system of mandatory certification a GOST Р, i.e. on safety
requirements, keep outside of the attention products with discrediting
taste and odor or with the sharply reduced usefulness, and thus nobody
bears of the responsibility for production or skip through boundary of
such products.
... Outside of an orb of regulation till now there are facts of damaging
from natural (let and not superior the established norm(standard))
exhaustes of motor vehicles, from audio and diverse effects on the part
of the neighbours and their domestic animals; in мизерной of an extent
the responsibility for attack of dogs, even with tragical outcome is stipulated.
At the substantiation of any project (manufacturing, technological, military,
town-planning...) rating of damage, plotted to company, - physical, material,
economical, social, in particular(personally), through all channels: sensual
(light, sound, odor...) and внечувственные (radio wave, irradiation, ультра-
and infrasound...), — still did not become mandatory attribute of the business
- schedules and is leave outed neither at decision marking about his(its)
implementation, nor at definition of payments for the benefit of objects
of damaging.
The legislation, founded on principles of the Roman Law, gated in in times
of the extremely sluggish progressing of company, now disastrously is not
in time(catches up) for is quick(rapid) by a updated social production.
For example, with the large delay the damage from computer crimes is taken
into account(discounted), still outside of an orb of effect there is a
moral damage from usage of a network(grid) the Internet. Practically there
is no capability beforehand to envision and in time to watch in the legislation
all new and new situations requiring regulations on the part of the state,
company. The right defaults of the main(basic) public function - preventive.
It is more, how it is paradoxical, but it does not provide also of other
function - justice in relation to damaged, damage, which one practically
never is indemnified. More that, the figure damaged in our legislation
and legal proceedings takes an insignificant place if not to say - despised.
At the same time, even without the full scale applications for shift of
the concept of the right (that, naturally, can reduce in a negative reaction
of a part of the orthodox professionals - правовиков not who are capable
for whatever reasons to переучиванию), i.e. remaining in frameworks, to
some extent by foreseen current legislation, since the Constitution of
Russia, the gentle transition to new principles дестимулирования противообщественной
of activity is possible(probable).
It would seem, it and could not be differently, you see effect of this
activity on the people, company, only therefore is mirrored in prohibitive
rule of laws, that always calls(causes) damaging to company or separate
citizens. If it not so, such rule of law, such law are superfluous. But
if it so, they especially are not necessary — enough to define(determine)
and to show for payment for the benefit of damaged (damaged), all marked
damage, that is to return to them the withdrawn favour. It also is a reflexive
principle, ground which one the given law is constructed.
Already conducted studies and the interrogations have shown, that for active
opposition and warning of antisocial activity it is necessary and enough
assertion to plate of damage, if necessary - with definite
(for preventive maintenance, for indemnification(compensation) of a number(series)
of the applicable costs, for example, for repayment of activity of law
enforcement bodies, usual taxes etc.). But thus with waiving
of the mandatory requirement of a legal rating of negative particular act
and rendition according to this rating of punishment as act of retribution,
revenge, and therefore stimulations in damaged of unhealthy feeling of
moral satisfaction from degrading and sufferings наносителя of damage.
Thus, is indispensable and the transition to an especially social rating
of consequences of particular act and indemnification(compensation) of
these consequences is sufficient.
All this, as to problems of safety control. Problems of acceleration of
public progressing similarly requires(demands) the accelerated and radical
solution.
Coarse - administrative ways of carrying earlier накатанных of methods
" the accelerations of technological progress " доперестроечного of period
on problems of social progressing have reduced for us — and could reduce
- in rather scanty outcomes. The new realities of transition on market
attitudes(relations) cause(urge) to study in new methods of control. More
precisely — of urging. For « to operate(control) — means correctly to stimulate
», here outlooks of implementation of the reversionary Right even more
обещающи.
But полновесно it is possible to stimulate only by correctly orientating
yardsticks: economical and necessarily social usefulness everything, that
makes a social production — from a new home refrigeration cabinet before
turn of the rivers. But for gross errors, as it was already marked, it
is necessary as полновесно to ask. All this on a fraction of involvement
each in those or diverse particular businesses.
On this approach the draft federal law " About social safety and social
progressing " also is constructed.
Original positions of the adopted concept are:
— гарантированность of the rights of the citizens to social safety and
obtaining of indemnification(compensation) for any kind of the damage,
marked by him(it);
— Responsibility from the side наносителя of damage of his(its) indemnification(compensation),
with definite ratio;
— гарантированность of the common rights of the member of company on obtaining
of a capability to participate in a system of social progressing;
— State regulation of the rules of detection противообщественных of operatings,
charge of damage from them, exception for the subjects противообщественной
of activity of the applicable sums of compensation and allocations
(transfer)((transmission)) of these sums damaged and company;
— State regulation of the rules of detection общественно of useful operatings
and urging of their writers (participants);
— паритетность of involvement of the quoters of all subjects of a system
of social progressing in an adjustment process;
— isolation of financial supply of a system, tendered to gradual
forming, of social progressing from the budgets of all levels.
I. Purpose and problems
of acceptance of the bill.
the main(basic) purposes of creation and implementation of a system
of social progressing — rise of performance of depressing antisocial
and performance of urging of socially useful activity and thus improvement
of the quality of life.
These purposes are reached by the installment introducing of the mandatory
full and unconditional social (material) responsibility for negative antisocial
outcomes of any act or omission guilty in damaging (economical,
material, physical, moral...) or even of his(its) real threat for safety
and qualities of life existing and future of breeds without
dependence from availability or absences of the legal responsibility
— and instead of it(her) for those persons, which one do not introduce
essential threat for company.
The bill is directed on creation системности in legal regulation of the
process of social progressing and supply of social safety.
The bill has frame nature also mortgages legal
fundamentalses and communal principles of operation of all system of supply
of social safety and social progressing, the list which one can be supplemented
by the normative subordinate legislation for particular types of situations
and particular kinds(views) of social effect and damage, their rating,
introducing in a management system (urging) of social progressing and supplies
of social safety.
The bill envisions creation of a system of social safety and social progressing
carved out from a system of the social help and having an own financial
base.
The bill decides following problems:
The communal principles of supply of social safety and accelerations
are established(set); social progressing;
The circle of the subjects of a system (or separate systems) social safety
and social progressing is determined;
Is contacted between the buy-back sums and major factors of damaging at
antisocial activity, between the sums of reward and major factors
social effect at activity общественно useful, creating a fundamentals for
implementation in practice of effective gears of self-progressing of company.
II. A total characteristic
and original positions of the bill.
The bill " About social safety and social progressing " establishes(sets)
a system of legal, economical and organizational measures on protection
of property, morally - moral and other concerns of the persons - итересов,
connected with personal both social security and social progressing.
The main(basic) gears, facilitiess дестимулирования (depressing) of antisocial
activity are creation of economical gears, founded on material indemnification(compensation)
of any kinds of damage from negative variation and urging of positive variations
from any socially active factors, not indifferent for the person and company.
Full material indemnification(compensation) of all kinds(views) of the
marked damage (economical, material, physical, social, moral and diverse)
is indispensable and sufficient and does not require(demand) measures of
isolation(insulation) of company причинителя of a harm, if it will be not
not demanded by(with) his(its) physical, mental and diverse features.
At definition of social safety and social progressing such factors, as
are subject to the registration:
Impurity by harmful chemical agents and biological objects of air, potable
water opened basins and soil;
Effect of the physical factors: radio waves, radioactive contamination,
noise, dust etc.;
Material, psychological, временны'е and diverse overloads of the person
separate groups of the population and company as a whole;
Negative effect through all sense organs of the person, including audio,
gustatory, visual, olfactory, other socially active factors on physical
and mental condition of the person over and outside of established
sanitary - epidemiological official and (or) public norms(standards) —
of a social background. And so on.
III. A state of
the legislation in an orb of social progressing.
The rules(situation,position) of the bill should be basic at acceptance
of the laws, any rule of laws concerning particular kinds(views) and aspects
of supply of social safety and the process of social progressing.
On this basis(fundamentals) the system of social progressing and social
safety operating on unified principles and effectively ensuring social
safety and social progressing will be constructed.
The acceptance of the federal Act " About social safety and social progressing
" will not demand depositing essential variations and additions(appendices)
in the current legislation:
-
The code of administrative violations;
-
The criminal code of Russian Federation;
-
The Civil code of Russian Federation;
-
The Code of Labor Laws of Russian Federation;
-
The law of Russian Federation " About seizure of the population in Russian
Federation ";
-
The law of Russian Federation " About an environmental protection ";
-
The law of Russian Federation " About sanitary - epidemiological well-being
"
Or it can be accepted the solution to keep them in an invariance for those
offences, which one temporarily can not be referred under operating of
the present law. After acceptance of the given law the development of the
commentings and - or of a number(series) of the subordinate legislation
envisioning expediency of depositing will be expedient; refinements
and updating(adjustings) in the current legislation depending on domestic
(regional) conditions concerning charge of separate kinds(views) of social
effect (damage), and also about charge and exception of the buy-back sums.
Implementations of some rules(situations,positions) of the present bill
in an orb of nature protection activity will need acceptance by the domestic
(regional) bodies of legislation of a number(series) of rules(situations,positions)
about the order of installation on the new bases(fundamentals) of mandatory
ecological payments with allowance for of real effect of pollutions of
the environment on the population, that essentially will increase financial
capabilities for realization of nature protection measures, implementations
of the socially significant projects and notably will increase financial
capabilities of repayment of the social benefits.
IV. The financial
and economic substantiation and social and economic consequences
Suspected общественно useful effect from implementation of original positions
of the given bill:
-
The procedure will be accelerated and the cost of legal proceedings of
the detected and investigated acts противообщественной of activity will
decrease at the expense of simplification of a procedure of framing of
the solution and significant(sizeable) discharging of courts (in particular(personally),
owing to putting off(taking out) of a casuistic problem of forming so-called
« of the legal responsibility », in particular(personally), action at law
on the subject of about so-called motives of a crime mitigating and burdening
circumstances, lack of education, illness etc. - excepting the circumstances
of force majeure, owing to transfer(transmission) of factfinding of a significant(sizeable)
part of small-sized businesses with low levels of the marked damage in
Administrative commissions and obtainings from them actually of ready solutions
etc.);
-
Scale of depressing of antisocial activity simultaneously essentially will
increase at the expense of the registration противообщественных of particular
acts located now lower of a level of sensitivity of a law-enforcement system
or outside of a zone of its(her) range;
-
In too time the procedure of detection, clerical work and rendition of
the solutions owing to exception of necessity to appeal to " of the legal
responsibility ", instituted(spotted) by existing rule of laws is essential
to become simpler;
-
Considerably to decrease number of the persons who are enduring the punishment
with any forms(shapes) limitations of freedom — at the expense of exception
of significant(sizeable) number of the persons, not presenting for company
of real threat, and in too time obtained a sufficient momentum(pulse,impulse)
punishment by the way of adequate repayment, shown him,(it,) according
to the marked damage;
-
It is supposed, that for 1-2 breeds it is essential will decrease
communal криминализации of company at the expense of modification of consciousness
from the bet on an imperfection of the legislation and on art of the attorney
before the general installation, reliance(confidence) of inevitability
of retribution — of repayment of all marked damage, and with definite ratio;
-
The definite normative base for rendezvous(approach) of the legislations
of miscellaneous countries and creation international (общепланетарного)
of the legislation will be created.
In due course with acceptance of the bill the interpersonal and public
attitudes(relations) are stabilized, the responsibility in a part ненанесения
one another of damage will be increased, the process of social progressing
of company will be accelerated, the process социализации of science and
engineering, moral and material urging of the persons, having paid best
contribution to social progressing will be arranged; will be simplified
and the overall performance of legal system on дестимулированию of antisocial
activity will be increased. The number of the persons who are enduring
the punishment at the expense of exception of their structure общественно
not dangerous, ready to pay damage, marked by them, or routed in малопривлекательные
of a place - but only for зарабатывания there of indispensable facilitiess
for gradual indemnification(compensation) of the marked damage will decrease;
the responsibility, and consequently also overall performance of the persons
receiving technical, legal, economical, social and diverse solutions will
be increased.
The ambassador entitiess and adjustments on reflexive principles of a system
of social progressing she should operate on principles of self-support
at the expense of facilitiess excepted for наносителей of damage,
instead of exception of facilitiess for the tax bearers
THE CONCEPT of
the LAW
“ About SOCIAL SAFETY
And SOCIAL PROGRESSING ”
If to eliminate all proprietary and passing features of progressing
of human community (national, climatic, geographic...),
that for our civilization is possible to call only units communal
for all or nearly so for all countries and the peoples the
factors confining social progress and consequently requiring special attention
from the point of view of the registration, of requiring the special attention,
definition of necessity of reforming. Among these factors,
perhaps, maiden follows to call a system
of supply of the law order.
There are many reasons, subjective and objective, why the mankind in time
has failed (has not wanted) to work out effective neutralizing gears, feedbacks
to shift progress from quantitative, is clean технократического, in the
side "of a «qualitative" path of development. One is clear: in it are guilty
and formed legislation, and in general all those, which one are capable
to think scaled, but have not wanted or could not rebel against a rising
entropy. In a maximum extent it concerns all social orb as final stage
of activity of any branch. Therefore, the problem should go about necessity
of noticeable reorientation of a social production and all public life
in the direction, necessary for the person.
Made above disclaimer (« for the person ») not случайна: severe activities,
practical or idealized, directed(directional) on conservation mountain
хребтов of a Sirius, even of a landscape absolutely @ close to us of a
planet Mars till now are not known. Everything, that is done(made) by(with)
the people, caring about conservation of the mountain rivers of Transcaucasia
or micro-organisms in a soil stratum Подмосковья, is consecrated by care
of them, i.e. about health of the people or about their well-being;
when in the literature the concepts effect (or damage) экономико-ecological
and the more so social - ecological will be used, as a rule there is a
consequence for the person from those or diverse effects on the nature
— natural or техногенных.
Yes, the preventing of natural effects and the more so usage them in the
directions, necessary for us, while is problematic. But the person could
not quite is realized to approach to упорядочиванию техногенных
of processes — those, which one he also has staged, frequently at the expense
of destruction, distorting, impurity of the nature — both exterior in relation
to it(him) of an environment, and own internal microcosmos. That is at
the expense of distortion by all by ours the nature.
Considerable role in all it has played and permanently "plays" our right.
It is considered, that principles of our legal system close
correspond(meet) to principles of "Roman LAw", steadied about
two thousand years back. An adding up system of the rules of law,
founded on these principles, actuates huge, precisely
not taken into account(discounted) quantity of the rules of
law, acts, laws, since the Corpus Юстиниана (533) - already
then his(its) volume compounded about 120 printed sheets. Now
it is many times more than them. such volume of
the legal acts bodily is conditioned by the essence of the given system
("Roman Law").
In correspondence with by principles of "Roman
LAw", the legal proceedings actuates following in bridge and
sequentially conducted procedures: персонификация
particular acts - installation of the person of the offender,
criminal; identifying of an offence by confrontation (up to the character)
with a particular rule of law and through it(her) - fixing a sentence.
the Roman Law in due course, in epoch of the extremely sluggish
progressing of company, has played a quite palpable positive role in his(its)
stabilizing, in drop of antisocial misconducts. The ex-plication, demanded
according to this right, of crimes certainly has simplified their proficiency
and selection the applicable reacting of company.
the Roman Law, having arisen more than two thousand years back, long corresponded(met)
to those sluggish rates of growth of company, which one were representative
of the majority of countries down to the extremity of our century.
Now pace of life was sharply accelerated: in thousand time
on a volume of the made information, in hundreds time — on
levels of population shift, especially international; clandestine,
antisocial and criminal activity multiply was increased. All by it fatally
is not in time(catches up) the legislation, which has stiffened in the
bases(fundamentals).
According to the data, introduced д.ю.н., проф., В.В. ЛУНЕЕВЫМ, зав. By
quadrant of criminal law and criminology ИГП of WOUNDS on conference of
November 2, 2000 the dominating motivation of the criminals утилитарна
also is primitive - self-interest and diverse personal profit, and the
progress, founded on economical progressing will not put(cause) to softening
customs are reduced by him(it) words And. And. Солженицына. Annually in
a pattern registers up to 500 млн., on 8000 on 100 thousand inhabitants.
On the average. And in some megalopolises, for example, in Berlin, in 2
times it is more. Unfortunately, many bills fail on the top « on demagogic
motives of protection of proprietary life and human rights ». The system
of the punitive justice does not manage(consult) the actual arbor of criminality.
If she loged, investigated and esteemed in court even main body of committed
particular acts, she would fail under pile 10 - 12 млн. Criminal cases.
And, to educate and to train our bureaucracy to that is felonious and that
no, - is useless...
Purely, the mismatch of the legislation to our time was possible to note
for a long time, some decades back, but we were and we remain
in a film of customary submissions(representations). The legislations of
miscellaneous countries if were perfected, only on the lower
floors, in details. The natural professional flywheel action (inertness)
does not allow to pose a problem on revision of the supreme concept. As
is known, any system is not capable to self-reforming from inside by yardsticks
escaping for frameworks of own usefulness. It can be made only from outside
of. Now it just that case.
The studies demonstrate, that all set(combination)
these procedures - it is possible to say, as a
whole concept of "Roman LAw", requires now noticeable updating(adjusting)
or even in substitution by forces organized by all company, - body of legislation
of country.
Really, for last time the significant amount of
lacks was exhibited, which one with an evidence speak that they will not
manage to be neutralized neither polishing, nor repair of separate members
of an adding up system.
That is is useless to speak about necessity of perfecting of legal proceedings
within the framework of the existing concept: about increase of number
of the lawyers, about perfecting methods of their activity, about meliorating
of a household activities and customs concluded... Now it is possible and
it is necessary to deliver and problem on shift of the concept as depleted
all potential.
The concept of the bill « About social safety and social progressing
is based on the ancient laws кармы, on the laws
human hostels, indemnifications, establishing(setting)
to a simple principle, of any damage, as well as воздаяния for any effect,
- that is on « reflexive » пинципах.
the "reflexive" right as against Roman guesses, at conservation
practically in an invariable state of a procedure of investigation and
consequent essential variation of status quo of legal proceedings, including
substitution of usual punishment by full mandatory money (material) indemnification(compensation)
of damage lossed and all costs of legal proceedings from the
side personally guilty, group guilty (till them " to coefficients of individual
share "), partners, probably, their cognates and even of countries, if
the problem concerns international crimes. The speech goes about unconditional
and full indemnification to the citizens, in general to natural and legal
persons, company of any damage, plotted by him,(it,) - economical,
material, physical, social, social - ecological, moral... — any, from противообщественной
of activity, including from the missed profit (effect), even
from non-optimum нормотворчества and нормоприменения.
The implementators of the concept of "reversionary rIght" outgo from that
nude fact, that variety of kinds(views) of damage and accordingly of ways
of his(its) definition multiply (in hundreds, if not in thousand time)
they are less also easier, than the number of real situations, on which
one according to the requirements of the existing legislation should be
formulated the charge and all subsequent procedure of legal proceedings
- essentially, for months, elongating this procedure, multiply her(it)
удорожая, disastrously reducing(descending) performance of law-enforcement
activity and putting under doubt expediency of his(its) most important
aspect - punishment.
It is necessary to say, idea of an adequate reflexivity, возмездности is
completely not new. Up to a New aeon during a huge historical stage of
a survival of mankind she was main(basic) at regulation of attitudes(relations)
between the people and communities. The Moscow pre-Christian legal practice
envisioned even charging a penalty depending on length and depth of the
marked wound. putting off(taking out) of spirit of the mutual
responsibility and the switching(changeover) has removed her(it) on the
character all reasonable brakes stabilizing negative feedbacks, and mankind
went " to an offset ". Active, unguided, not constrained development of
science and technology, blowing up of a number(series) doubtful on the
social significance of social institutes — for example, monetary systems,
and recently globalization of telecommunication, financial and diverse
processes and phenomena without скрупулезного of the registration of negative
consequences for company and недоучете " of the human factor " has reduced
in a noticeable degradation of mankind — physical, mental and moral. Unexpected
consequences of withdrawal from such natural laws of the nature, as
are those as though absolutely; " the operating is equal to counteraction(reaction)
", " it is necessary to pay for all " and other look-alike, sounding on
the most miscellaneous languages, most miscellaneous peoples.
Are known also modern shy attempts to insert, more
precisely to return this approach, and literally modern. The truth, the
radical transition to more effective "«reflexive" concept, among other
things, was braked also by that down to 80 years there were no reliable
and enough all-embracing methods of definition even of main(basic) kinds(views)
of damage.
Boom at 70-80 гг. With generation of tens method of applications of a rating
of innovations (subject very close) in mass has ended in anything. The
apparent simplicity was a fraud, the problem has appeared by extremely
complex(difficult), specially for fundamental activities, inventions and
discoveries, for which one essential the potential effect, how much prospects,
term of an obsolescence with allowance for both initial performance, and
level of novelty, and even of a creative level is not only actual and at
all so much. By us all this was resolved. But is specially active the methods
квалиметрии in concerns of current practice of certification of quality
of the goods and services (activities), including with allowance for of
proprietary factors of effect and damage, including ecological - but, truth,
excepting damage moral developed. But the algorithm of his(its) rating
is already active is designed(elaborated), and in the operating programs
prepared for implementation of the given bill, a number(series) of quite
particular algorithms of his(its) rating in practice is designed. (Explicitly
see бр. " The reversionary Right and social safety " - МАОР,
- М., the 1998, there adduces a list new the publications).
So, now metrology of social and economic damage is already quite prepared
for problem solving of charge and indemnification(compensation) of damage,
which one there can be a judiciary practice. The business costs(stands)
behind the applicable progressing of legal problems on the basis of the
new concept — "REFLEXIVE". However, as it is paradoxical, the normative
base for its(her) implementation now practically is. Among thousand rule
of laws collected in the main(basic) codes - criminal, administrative,
civil, some tens are completely suitable for activity in frameworks of
the "REFLEXIVE" right. The problem costs(stands) about their systematization
and about exception of a number(series) of the requirements linking правоприменение
to the legitimated norms(standards), happening from the installations of
the legal responsibility, major - with the requirement mandatory
confrontation of an offence to any rule of laws. This turn quite in an
authority of State Duma.
The implementation of the given development should be installment, since
the elementary local cases, on which one idea will is studied. For this
purpose at first there are enough of several months of a transactions of
a group of specialists - competent and interested. The broad implementation
should be carried out only by results of an in-depth analysis of performance
of local activities and necessarily after interrogations of the population
on representative sampling of different social groups. Well introducing
general huge complaint it is possible to be by activity by existing legal
system, almost sure, that with a high scale of odds the support of the
citizens in this business will be ensured(supplied).
And still admission and implementation of this law will be not prime. Each
already now, getting acquainted with his(its) project, starts about itself(himself)
to count, that he will win and that will lose. It is well-known, that the
longer this or that concept lives, the is more stored of inconsistencies,
but that will more be derivated and is cemented among themselves of adherents
of the former order. In all and always absence of permanent social gears
of well-timed conflict resolution (dull reactings) and as the total - their
durable conservation and upbuilding, maturing and the transformation in
ulcers results that an organism, that not сгноить itself alive, is forced
to conduct revolutionary cleanings — radical reorganization with a surgical
intervention. That upbuildings of ulcers, abscesses harmful neoplasms hereinafter,
after victory of new, more progressive concept to not enable, and the given
law is required. But at this stage he will test(experience) of heat of
opposition of many forces, the nature which one are old, natural, universal
defects (стяжательство, амбициозность, гордыня, laziness...), let and in
the new form(shape) of their development.
It is necessary beforehand to realize forces, which one will counteract
reception(trick) and implementation of the given law. In particular(personally),
with the link on the human right, on protection of animals и.т.д. In the
maiden case it is possible to refer to the rights damaged, which one they
have less, than for причинителя of a harm; in the second case at the too
large perseverance of different companies of protection of animals, there
is a simple way: to receive for them the consent to pay all damage, which
one will be marked at attack per capita of animals and at deposition by
them of mutilations - in each personal case, if will be correctly rated
physical, material and moral damage, he will be in limits from 50 up to
5000 у.е. Whether there will be such company, which one can pay this damage?
Not each deputy, at all each person is capable to set in on a throat to
an own song. But if it to not make now, in prepared by ours неурядицами
time, it should be postponed for a long time, and we can will turn in high-gravity
хроников without any outlooks to environmental sanitation. Or to be ready
for an incessant chain of revolutions with a copious exsanguination.
For facilitation of perception of original positions of the bill least
morbid is now stipulated, though also longer procedure of the introducing
of a new legal order:
1. Originally transfer(transmission) under new rules of consideration only
of actions of proceeding launched and difficultly spent - is natural, concerning
the persons who are not presenting to real threat for company. It is of
percents 20 - 50;
2. Categorical absence for the law "retroactive" — of payment for already
allowed damage (though the consequences from earlier committed errors upcoming
after acceptance of the law, should all таки be paid);
3. Such negative consequences be paid owe, but with gradual increase of
percent of a levied sum of compensation of the marked (plotted) damage,
on 20 - 30 percents annually.
Really, 2 -3 years — term quite sufficient, that company could heed many
years known true: « it is necessary to pay for all » and to accept her(it)
for the basis(fundamentals) of own behavior. Difficultly perceived modern
правовиками, but absolutely indispensable are: 1) the waiving of a threshold
rating (is guilty - such is innocent under the article) and transition
on analogue: the damage is more or less; 2) installation of a rule to actuate
in number of the subjects of indemnification(compensation) of damage all
chain of the persons involved in opening-up, entitiess and realization
of the act, which one was by a reason of damaging, and also other rule:
3) if these persons indemnify damage could (could take on loan, receive
the credit, something to sell — вс ё, excepting full exception
of an accommodation) to realise facilitiess their cognates,
specially those who was economically connected with наносителем of damage
and (or) inherits his(its) property, together with countries, which one
harbour причинителя of a harm.
Transactions of the judges practically will be secured, the solution which
one will be much more determined, definite, and is under construction on
the concluding of social expertise about the sum of the marked damage and
on the concluding of the organs of inquiry about a structure of violation(disturbance),
and also role in a nem accused (accused). Safety of the judges in today's
conditions - separate problem, and not small. She is a consequent of huge
multiplicity of optional versions which are carried out practically on
any business, judgements conditioned lack of general rules and equivocation
of rule of laws, founded on the so-called legal responsibility. On the
other hand because of:
1. a real capability of cancellation of any solution of courts
of the lower authority at revision by his(its) court of higher authorities,
2. weakness of the solutions of courts for the persons on remand
and
3. a mild controllability of the judges on so-called « to the
telephone right »
the judges bear freight huge, but frequently of acritical responsibility,
including both before concluded, and before company. The weakness
of the solutions directly determines небезопасность of their existence
"«from below", from the criminal, and equivocation of the solutions - небезопасность
"«from above", in particular(personally) - a capability of their nonprecision
offset from the position, handling by them, reasonable or ungrounded charge
in corruption, in preconception of the solutions etc.
Besides procedure of legal proceedings is not effective. Quite often court
frequently turns in фарс, competing риторик of the prosecutors and attorneys.
The business is frequently reshaped without definition of the true corpus
delicti - really it there should be only deposition to somebody
of this or that damage instead of all violation(disturbance)
of those or diverse "«rule of laws" established more or less fair to those
or diverse legislators.
The designed bill does not actuate, but guesses in quality necessarily
demanded usual as of today procedure of reflex of the most antisocial particular
act by the way rule of laws. But! - even the absence of the rule of law,
ground by which one can be qualified the given particular act, does not
free from necessity of indemnification(compensation) of damage. And on
the contrary: the full repayment of damage does not entail mandatory following
to the normatively established procedure of punishment, that is this norm(standard)
to anybody nothing suffixs and in anybody does not take away; she simply
is not necessary. In this sense the thesis about substitution of the "legal"
responsibility on "social" also is said. The premeditation or непреднамеренность
of particular act and mass of other conditions is leave outed also, behind
which one easily find a shelter many persons. Be taken into consideration
the circumstances of force majeure can only: natural cataclysms and т.п..
The fact of indemnification(compensation) of damage of the established
value and this value is made sure by the applicable workers of the applicable
vehicle, and if the preconception of their stand, error in their calculations
will be hereinafter established, these errors will be indemnified by them.
On tentative estimations, the Law can envelop till 80-90 of % of actions
of proceeding (in the maiden time such will be eliminated, as assassinations,
mutilation etc.)
the law will promote rise of existing, as is known, extreme low
efficiency of the received laws, as it in communal is not paradoxical,
not envisioning any or practically of any liability for their violation(disturbance)
— as a whole, their any article.
Many as though especially abstract philosophical and ethical concepts as
the morals, moral, humanity, roughness, accuracy, nobleness, conscience,
cynicism, patriotism, потребительство, careerism, treason, sense of life,
friendship, individualism, sin, fault, duty, honour, воздаяние, подвижничество,
redemption, revenge, crime, incentive, motive, value is kind, angrily...
can have the social rating through a rating of social consequences.
The law will have huge воспитательное value, for he will consolidate in
the members of company hard inclining in full return of any average general
costs, any damage from any antisocial particular act, including
moral. The future breeds of the people, evolved in this environment, most
likely will forget to damage, for example, is simple from own pleasure,
or from ambitions, or from thirst of beneficiating...: you
see it will be simple it does not pay. the communal social
and interpersonal culture Will be increased. Эмпатия (psychological вживание
in the person other, the rating of a situation and own operatings from
a stand other) from a rudiment will turn to one of major personal qualities.
Consequent of acceptance of the law will be both essential regrouping and
reorientation of the whole branches of human activity. Not a secret, that
many from them prosper only because the damage plotted by them or their
commodity, is leave outed and is not indemnified. Notably will переориентирована
branch of motor industry (can be, on battery-drive vehicles,maybe, on other
translation aids), звукоакустика (on extension(issue) not it is so much
potent, how much сверхвысокачественных of noisemakers). And so on.
Sharply to become simpler a problem of conservation of an environment:
you see the social - ecological damage from impurity even only of aerial
basin as a rule multiply is higher, than the existing plates of resources(safe
lifes) and impurities, which one therefore do not act (and can not act)
effectively.
Less involved(less attracted) (for more accountable) becomes a transactions
of the not initiative officer, manager. — But, more paid for those who
will manage to be entered in demanded frameworks and the more so to exhibit
active общественно useful creativity: the vehicle can play lifes of society
much more large positive and more worthy role, than now.
Transactions of the lawyers notably will change: his(its) mystery, unpredictability
will decrease, though he and will notably be simplified: you see of kinds(views)
of plotted damage and ways of his(its) calculation is significant (in hundreds,
if not thousand time) are less, than real situations of an offence, which
one now are required to be delivered under those or diverse rule of laws
(problem this really far from being so is simple, as can seem from the
side).
The relevant role in reorientation of our social production the science
should play. One of reasons нижайшего of a level of our social actuality
and мизерной of speed of social progressing — a minimum of oriented attention
to them of our science and, as a consequent, — of our practice, administrative
including. it is possible to explain many today's errors by
activity of the scientific and administrative vehicle practically by full
absence quantitatively сопоставляемого with the economical costs of the
registration of the socially significant factors at the solution of problems
on implementation or нереализации of any projects — whether it be extension(issue)
of a new refrigeration cabinet, privatization of production, деноминация
of rouble or gasket of an oil pipeline through the Black sea... And absence
simple, but fixed rule: unconditional indemnification(compensation) guilty
any, including social damage. Including on the part of scientific, polyhabit
spasms, economists — of all participants of any scale modifications.
The beefing-up most appreciable — of a liability will mean a radical and
most universal solution of the question of acceleration of social progress.
Not prime problem — organization of a system of the full responsibility
for quality of activity of the legislators. The maiden phase at implementation
of this approach will be the introducing of constant analysis of social
damage, incidentally or designedly plotted to company by the separate citizens,
state patterns, entitiess, and also citizens one another from implementation
of the prepared bills.
Can be, it and will hamper passing the given bill in Duma, but to say here
about it would be absolutely honestly.
Comprehension of approaching ecological crisis, debacle has
reduced that this subject became one of most popular among is active of
massed subjects, and word - "ecology", "stability"("immunity") (progressing),
almost by most cool among polyhabit spasms, scientific, натуралистов, jurists.
But the problem is to convert quantity - into quality, словопрения - in
the effective gear of plate for plotted damage.
It is not necessary, however, to close down eyes that найдя the method
even %100 -s' drops of harmful matters in an exhaust ДВС, is possible to
decide all. Yes, it will lower of a harm from the personal transport, but
only approximately twice. There is a potent carcinogenic factor from occurrence(appearance)
of a rubber dust and dust idle time, road, there is a noise, there are
annual morses and wounds at ДТП, psychological offloadings
at dialogue on crossroads of the drivers and pedestrians (with foregone
stresses for second), remains (too for second) забрызганная clothes in
a rain. Damage from it all by catalyzers to not eliminate. All this - consequence
not only technocracy, but major - connivance of the dull, threshold, normative
legislation, is increased developed by the jurists last two тысячелетия
of our aeon and turning into normative Монблан in the Bible. By the way,
automobiles - example not ugliest. Коптящие factories with intolerable
working conditions in a name of our needs(requirements) in toys for the
quite adult citizens, in weapon against each other...- Unless it not an
example that the mankind has selected to itself not the best path of existence?
It(him) we also attempt to destabilize for the benefit of an overwhelming
part of mankind. Yes, to do(make) it it is necessary at the expense of
some part of company — by that, which one use the values, not
paying damage, plotted by other, due to an imperfection of the legislation.
Well-known, that any operatings connected to necessity of reduction
of those or diverse social values even at a gain(increment) for of other
values involuntarily result in a surge of convulsive recalculations. And
in case of possible(probable) acceptance of this law because
of a stage, anticipated at it, of reallocating of the values — of rise(ascent)
of a role social, in particular(personally), social - environmental factor
at drop other, only material (economical), us the hard controversies wait.
Now, when we in mass yet have not realized all perniciousness of distortion
of our human nature - both exterior, and internal, - there is a not prime
problem of the sociologists, ecologists, progressive polyhabit spasms —
to find a path to heart and thoughts of the fellow citizens as much as
possible to accelerate per following 5-10 years from a beginning new тысячелетия
transfer(translation) of a gradient of ascending of an entropy (degradation)
of human existence from unconditionally positive on zero (i.e. on " steady
progressing ") and then — on negative. It is possible for us, Russians
in the bulk not yet definitively spoilt by the doubtful values of a technocracy,
so-called technological progress, and it is necessary to show an example
to other countries and nations and to manage to deliver concerns of the
person, mankind in category(discharge) major, - but not it is so much in
the form(shape) of fruitless propagation, how much by the way of design
practice. also is necessary for this purpose the given Law.
Some of anticipated consequences
If to place(install) the responsibility only for damage, it will eliminate
for refined in the prevailing law of the criminals capability easily to
find and to use in the mercenary and antihumane purposes of a defect, gaps
in law, will force in mass to drop major — of desire to put to somebody
with what that there was a damage. In due course, through 2-3 breeds, we
shall manage to bring up descendants with inherent absence such today of
pleased abundant instinct, as a collective algophilia. And even суициды,
self-destruction — очеловеченный, and as a matter of fact, much distorted
version of natural selection(sampling), negative feedback established(set)
in each a biological kind(view) by results of "activity" it(him)
the individuals, that is on instinctively "«calculated" damage plotted
by them to this kind(view). — the ingenious role of the biological feedbacks
existing many(much,many) millions of years, much(many) millions, Is those
unsuccessfully copied us.
There is no, a place of isolation(insulation), prison, camp will not disappear.
But they will be only for those who will be recognized dangerous for company:
for mentally abnormal, capable on unpredictable acts, and for the persons
криминализированных, prone to personal and formation antisocial operatings
distinguished by cruelty and committed repeatedly. The remaining infringers
should be content with zones of accelerated earnings with a good exercise
stress — but in human conditions and with attitude to useful existence.
The transition to the reversionary Right will allow essentially to simplify
procedure of legal proceedings and without harms for course of business
many times over to lower the costs.
Court (is natural, after the demanded fully conducted factfinding) the
plus, naturally, mandatory evidence of fault accused (or accused) will
encompass only in the statement(confirmation) predefined and many times
of verified value of the marked damage in all his(its) kinds(views). It
is necessary thus to note, that the existing now rather infrequent cases
of opening of the error decrees will be not so are dramatic for paying
up the half-sums, than for the stayed half-term: the retrieved true infringer
will pay both these half-sums, and the marked moral damage is erratic to
the accused citizen for the disadvantages, caused to him. And damage this
will be far from being so is great, as after prison or a camp
zone.
Besides instead of considerable charges of places of confinement the company
gains on quite lawful basises repayment of all made costs connected to
particular clerical work, plus indemnification(compensation) of damage
damaged — that in the existing legislation practically completely is forgotten.
Other consequences:
1. Is sharp (in tens time) the volumes of the statutory acts will decrease.
2. Will sharply be accelerated and "«гуманизируется" the process of legal
proceedings: you see will be the necessity of the in-depth
renvoi on a particular rule of law, even division(separation) of violation(disturbance)
into a crime and misconduct is completely eliminated; dividing the responsibility
on legal, civil-law, criminal etc. is eliminated
3. Such will be eliminated from consideration secondary for company and
lossed the factors, as definition of motive of a crime, detection of an
extent of so-called sensibleness of an act, age of the infringer etc.
4. The concept of damage to the concept of damage to the concept of damage
to the concept of damage to are as though outside of a zone of any responsibility.
In particular(personally), the capability of a rating of damage will appear:
from complicating the mandatory departmental instructions (with calculation
complementary are temporary " х and psychophysiological costs of their
fulfilment); from a protraction in acceptance общественно of the effective
solutions (as product of the missed profit on hold time); from lobbying
общественно of harmful or less useful activity (by confrontation to most
close, more effective prototype) and so on.
5. A role of company in installation of the laws, their rating and improvement
sharply will increase, the civil activity directed on social progressing
of company will in general be increased.
6. The tendencies to rendezvous(approach) different, and sometimes and
polar legal systems of miscellaneous countries and continents sharply will
amplify.
7. The legal literacy of the population will essentially be increased (for
the tutorials will be notably more thin and доступнее for comprehension).
A function of the right also will accordingly be increased воспитательная.
Concept « ignorance of the laws » will disappear. The simple and clear
principle « for all will be necessary to pay » to know everything, it is
possible to say, — with ясельного of age. Here, however, there are two
paradoxical suppositions: it is quite possible, that for each community
there is a certain optimum level of safety, is lower than which one the
relaxation and even follows, forgive, идиотизация of the people, and a
certain floor of criminal, wrongful particular acts — as a certain call
to company and as a field of risk for wishing to play with a light(fire),
in the main(basic) men. The reversionary right it will take away in them.
Than such men will answer it? However there are data, that the occurrence(appearance)
of the national worthy purpose helps to substitute all this: under the
data Я.И. Гилинского (1997), in period " Хрущевской of thaw " the criminality
has decreased almost on 20, and in period " Горбачевской of
modification " — more than on 15 percents! So let's to search for such
purposes, instead of the self-survival is simple.
8. Sharply performance of depressing of nature protection activity — (many
times over) will increase is simple at the expense of the introducing of
a system of exception ecological, including (and in the densely settled
terrain — mainly) social - ecological damage.
9. There will be a growth(increase) respect for a law-enforcement
system.
10. Will be simplified and sharply reporting about an overall performance
of all law-enforcement system — will elucidate is simple on a ratio of
the sums of the damage, reset and marked to the citizens, (instead of ratio
of number of ticks).
Any position, elective or assigned, will be a place of implementation общественно
of useful functions, instead of springboard only for personal beneficiating
and self-preservation And elections and the assignings become is simple
by a resource of vocal public selection(sampling) of persons - carriers
общественно of useful ideas and capabilities of their maximum effective
implementation in the given place and in the given time. Due to implementation
of nearest of them, most actual, the reversionary Rights much(many) of
seats for many(in many respects,much,many) from their claimants will lose
all attractiveness, and the present sequential queues will notably be reduced
to them. Probably, up to zero point. For an authority — it and rights to
manage of another's destiny, and врата to scale capabilities
to do to company it is a lot of a harm.
To remove about an authority предержащих the personal responsibility for
everything, there will be no diverse output(exit), than to insert a system
of true people government — « FORWARD(STRAIGHT) DEMOCRACY », voted down
on presidential selection in USA in 1992 (program Росса Pen). By the way,
voted down by both party systems — for what for they then were necessary?
It is possible to continue a number(series) of anticipated positive consequences
of implementation of the reversionary Right by one more.
Holding a meeting, protesting, proclaiming, striking instead of fruitless
выливания of the emotions on a street will go on courses of improvement
of qualification. And on specially equipped (not only for them, and for
all) permanent terminals at first regional, then national, and then and
world « NETWORKS(GRID) of SOCIAL PROGRESSING », system, created for implementation,
of effective involvement all in expedient public progressing, i.e. for
the present self-management.
The political struggle with tracking her(it) шумихой, barrel(drum) battle
frightening раскраской and a constant поливанием by mud the opponents eventually
will cease to be alone and now all by less effective gear of
progressing of mankind. Its(her) place will hold precisely and cleanly
organized Forward(straight) democracy. And, certainly, its(her) native
sister — the reversionary Right.
The major potential of the reversionary Right (or, by analogy with Roman,
it(him) is sense to call Moscow) — in meliorating psychological comfort
and then (certainly, not at once), in rise of performance of a transactions
of a matrix material of the people, which one begin to live:
At first, really free from even random perils to hit under жернова by most
powerful of state authorities — judicial,
Secondly — in an atmosphere of the full responsibility for consequences
from any own particular acts and from particular acts of the manual, polyhabit
spasms selected or assigned, government bodies, MASS-MEDIA, deputies, president...
— all. It will be a communal field of the responsibility for the sins,
that is for minuses, and field of incentives — for pluses. And more: in
mass not having yielded (if it is honest, not having received a material
capability to yield) to bottomless western consumerism and
on the other hand having turned away from fruitless eastern contemplation,
we can become hard on a path of building socially, and then, as an almost
foregone consequent, — spiritually oriented company, model
of future all mankind.
But for this purpose, naturally, it is necessary to execute(come true)
much more, than judiciary reform. It is necessary to reform all branchess
of an authority and behind them all company, all social production, not
excepting the solution of problems воспитательных, educational, ecological,
social and then economical and financial, including most ill — is silly
переусложненную a tax system.
But to start it is necessary with reforms of a system of supply
of social safety and social progressing, and in her — from reform legal.
Here, perhaps, there is a sense to remind one of an antiquity the parable,
which has come to us. When once two masons have asked, that they do(make),
one answered as all: we put bricks. And other has said: we build a temple!
What we build? To not seem absolutely by the limited masons, is dull stowing
кирпичики on beforehand foreseen by someone of a place, we would like to
uncover hardly more from that temple, that to us the great Architect has
opened.
In going around тысячелетии the mankind has tried a path of a technocracy
and монетаризма. We have learned much: we live in warm dwellings, easily
we communicate one another on huge spacing intervals etc. But path, on
which one we have passed last тысячелетие, has given and a lot of negative,
including the consumerism, is coarse imposed technical "«progress", epidemic
" of illnesses of well-being " (illnesses both physical, and mental), biological
degradation, disastrous opposition all one another, spiritual regress,
destruction and impurity of the nature horrifying growth(increase) of social
contrasts, much more large, than distinction(difference) in public value
of the persons.
There are many reasons — it is not known, beforehand by someone preconceived
whether or not, — why our civilization has not gone on a path of qualitative
self-perfecting, and has selected a path of quantitative expansion, coarse
technological progress and heyday монетаризма. One of reasons it — the
selected form(shape) of the right, founded on the invented norms(standards)
and standards instead of human comprehension of happiness and trouble,
effect and damage is clear only, that. Mass of businesses and particular
acts, goods, metallical and chemical, harmful partially or pernicious completely
of services, activities were made for last тысячелетия only because the
Religion promised всепрощение in exchange only on a faith in itself, and
the Soviet Right has not guessed to provide a universal principle — the
full responsibility all involved for all damage from all accomplished.
Our progress imposed — almost by all in a favour by some also was received,
prospering not it is so much on skill to create, how much on art to take
away or недодавать. The default on interest of damage — a major source
of opposition of the people to the nature, one another and huge social
inequality. Let's repeat: much greater, than from natural reasons of an
actual inequality of capacities. An atmosphere humiliating бесправности,
hopelessness and simultaneously relaxation, " public ненапряженность ",
about which one we have mentioned earlier, — a major reason of home criminality,
drug addiction, суицида...
There is a self-destruction of mankind by the most refined ways.
Further it is necessary to consider(count) this path deadlock.
It is necessary directly to say, that in all procedure of the future
transfer(translation) of arrows of public progress the huge role belongs
to Фемиде, which one should play a not less huge role in облагораживании
of company, than that, which one she has played till now in maintenance(drift)
the side from social progress. Therefore today she — center of our attention.
BRIEF HISTORICAL
HELP.
As of today, it is possible to say, the economic-mathematical
vehicle of a rating following социоактивных of the factors is quite fulfilled:
-
Material, psychological, temporary and
diverse overloads of the person, company;
-
Impurity by chemical agents of air,
potable water opened basins and soil;
-
Effect of the physical factors: radio
waves, radioactive contamination, noise, dust etc.;
-
Social tension (for example, because
of переуплотненности and multinationality of settlement, криминогенной
of conditions(situation), off-standard activity of power systems, orb of
servicing, state of a municipal infrastructure etc.);
-
Negative informational - psychological
effects, -
— In general of any factors negatively
affecting health of the person: mental, physiological and moral.
To the moment of creation of expert Council
Госдумы for us the considerable scientific - methodical and practical expertise
of definition of different kinds(views) of effect and damage, including
social and social - ecological was already accumulated. For example, the
damage from a pollution of the environment — of air, soil opened basins
is valued. A number(series) of practical activities on definition of damage
in such not prime problem, as dumping hard - home and radioactive waste
(in Подмосковье) is conducted; by the order of Committee of economy at
Government of Moscow the cycle of activities on constructing a social -
ecological map of city is conducted. The calculations have allowed to define(determine)
and general damage to the population from an air contamination — on 01.01.98
it about 15 billions of roubles annually, about 1,5 thousand roubles on
each inhabitant. A problem — in creation of the gear of his(its) exception
and transfer(transmission) or inhabitants directly, or them(him,it) — but
through the social programs. Meaning, that this value considerable, the
single assertion for indemnification(compensation) of all damage to contaminants
(motorists) - for example, by the way of heightened price for gasoline
- at once can call unpredictable consequences, and not only for motorists.
Therefore also it is supposed it to do(make) step-by-step, having set at
once definite pace of indemnification(compensation) - we shall say, allowing
Japanese expertise, till 20 % annually. Let's remark: recently "green"
Germanium also have pronounced about intention step-by-step to increase
the prices for gasoline - up to 3 times within several years. Having, where
the large dimensional capabilities, we have the right to stretch this process
on 10 or 15 years — but he should be steady and pronounced beforehand.
Certainly, these procedures are rather morbid.
However, if to esteem concerns not only us, nowadays dwelling, but also
our children, and also concerns of a human population as a whole, they
are indispensable.
The comprehension of approaching ecological
crisis, debacle has reduced that this subject became one of most popular
among is active of massed subjects, and word - “ecology”, "”stability"(”immunity")
(progressing), almost by most cool among polyhabit spasms, scientific,
натуралистов, jurists. But the problem is to convert quantity - into quality,
словопрения - in the effective gear of plate for plotted damage.
It is not necessary, however, to close down
eyes that найдя the method even %100 -s' drops of harmful matters in an
exhaust ДВС, is possible to decide all. Yes, it will lower of a harm from
the personal transport, but only approximately twice. There is a potent
carcinogenic factor from occurrence(appearance) of a rubber dust and dust
idle time, road, there is a noise, there are annual morses and wounds at
ДТП, psychological offloadings at dialogue on crossroads of the drivers
and pedestrians (with foregone stresses for second), remains (too for second)
забрызганная clothes in a rain. Damage from it all by catalyzers to not
eliminate. All this - consequence not only technocracy, but major - connivance
of the dull, threshold, normative legislation, is increased developed by
the jurists last two тысячелетия of our aeon and turning into normative
Монблан in the Bible. By the way, automobiles - example not ugliest. Коптящие
factories with intolerable working conditions in a name of our needs(requirements)
in toys for the quite adult citizens, in weapon against each other...-
Unless it not an example that the mankind has selected to itself not the
best path of existence? It(him) we also attempt to destabilize for the
benefit of an overwhelming part of mankind. Yes, to do(make) it it is necessary
at the expense of some part of company — by that, which one use the values,
not paying damage, plotted by other, due to an imperfection of the legislation.
Well-known, that any operatings connected
to necessity of reduction of those or diverse social values even at
a gain(increment) for of other
values involuntarily result in a surge of convulsive recalculations.
And in case of possible(probable) acceptance of this law because of a stage,
anticipated at it, of reallocating of the values — of rise(ascent) of a
role social, in particular(personally), social - environmental factor at
drop other, only material (economical), us the hard controversies wait.
Now, when we in mass yet have not realized all perniciousness of distortion
of our human nature - both exterior, and internal, - there is a not prime
problem of the sociologists, ecologists, progressive polyhabit spasms —
to find a path to heart and thoughts of the fellow citizens as much as
possible to accelerate per following 5-10 years from a beginning new тысячелетия
transfer(translation) of a gradient of ascending of an entropy (degradation)
of human existence from unconditionally positive on zero (i.e. on “ steady
progressing ”) and then — on negative. It is possible for us, Russians
in the bulk not yet definitively spoilt by the doubtful values of a technocracy,
so-called technological progress, and it is necessary to show an example
to other countries and nations and to manage to deliver concerns of the
person, mankind in category(discharge) major, - but not it is so much in
the form(shape) of fruitless propagation, how much by the way of design
practice. Also is necessary for this purpose the given Law.
The member expert council Boris A. MININ
Ph.:241-39-03. The fax: 241-38-08. E-Mail
|
