international Academy of public progressing

EXPERT COUNCIL

On social safety and social progressing

( At Committee on safety √осдумы ‘— Russian Federation)

PUBLIC ADVICE

At the Minister of Internal businesses

 

  Ѕ.ј.ћ»Ќ»Ќ

It is time again to salvage Russia

THE REVERSIONARY RIGHT

And

SOCIAL SAFETY

The active thirst of substitution old and looking up of the new concept in any branch of human knowledge starts as a rule at noticeable recess of inconsistency working. In this case, at analysis of the main(basic) acts appearing recently, it is possible to watch, as that we is called as the Roman Law, is quick enough(rapid enough) lags life. And many appeared innovations, in particular(personally), technological and social progress, Ч steadily spawn mass of problems to it(him), uncovers in a nem mass of not solved inconsistencies.

The carrying of center of gravity in правоприменительной to practice from normative confrontation on a social rating and attempt of substitution of so-called УpunishmentФ on indemnification(compensation) of all damage, Ч as has appeared, many these novelties slowly, not doing(making) revolutionary shears, У of abrupt turns Ф, it is possible to realise in particular practice of legal proceedings, permanently reaming boundaries already existing, for the present of extremely limited capabilities of the existing legislation.

The given section is dedicated to the introducing and substantiation of expediency of the extension of these capabilities and forming of the orderly doctrine of the reversionary Right. Let's call her(it) so: У the Compensating - legal doctrine Ф, or У the Buy-back doctrine Ф.

On our view, this doctrine is capable is quick enough(rapid enough) and rather painlessly to lead out of a deadlock existing legislative and законоприменительную thought at least in several sections of legal proceedings, since the civil and ecological right and completing the judicial organization, procurator's supervision and advocacy. Now it is difficult to say, as far as large or, on the contrary, minor there will be this pitch from the point of view of jurisprudence, main, from our point of view, will see his(its) contribution from the point of view of serving the interests of company, acceleration of his(its) social progressing.

For the basis(fundamentals) at analysis operational and forming of the new doctrine we here use the detailed presentation of the communal legal system, reduced in a detailed collective transactions Ч recently of reissued monography under edition ¬.¬. Ћазарева Ч of the academician –ј≈Ќ, quoter √осдумы Russian Federation in the Constitutional court. (the Pieces taken from this book by the way of the quotations, naturally, are given so-called).

It is necessary at once to note, that we, following подспудно прогл¤дываемым from the text of the book by a wish to the readers, not the agnostics and face (at least we want to stand) on that point of view, that the state and right Ч of a phenomenon УeternalФ and do not yield to reasonable upgrading (progressing). Yes it also would be difficult for doing(making), it is necessary to observe too obvious negative examples of legal proceedings, which one can start with for certain наличествующих more or inconsistencies, less opened for an indirect eye, in legal system Ч shouting, drama and if to look from stands of company, Ч invalid (for example, Appendix 1), it is necessary to see on overflowed proprietary installations the main(basic) codes of the rules of law and breeding as the rabbits the plump laws and departmental standards Ч see., For example, federal act (or bill Ч it while a problem) У About ahead of schedule conditional release Ф with untranslatable and inexplicable abundance of УcreativityФ at listing conditions of such redemption, неподсильных to storage by the people with normal capacities and среднечеловеческим by patience... And so on and so forth.

Here it is impossible to disagree, that, obviously, У the old comprehension of the right has ceased to work Ф, that, really, У in conscientious entanglement of a problem for somebody the concern Ф consists. The looking up of the approaches to new comprehension of the right and the more so transition to the new doctrine is У powerlessness of the theorists to change something in existing activity Ф. With it too it is difficult to disagree. Though it both is ridiculous and it is terrible.

Except for УinternalФ reasons furiously verifying necessity of variation of the existing legal doctrine, all mass of the operational rule of laws, there is one factor Ч exterior, УconsumerФ: phenomenal, improbable затрудненность, and sometimes and the real impossibility of exact activity with these rules and from here sticks out other, противоположенна¤ their side: ease of entanglement of any business. Mahlo for whom the cases У of an outrage of the judges, public prosecutors and administration Ф Ч of an outrage free and involuntary, but directly proceeding from, at first, from a phenomenal complexity and УпробельностиФ of the legislation, but major, secondly Ч from his(its) huge inertness, constant and more and more rising backlog(lag) of the right from убыстр¤ющейс¤ of life are not known; the law becomes У both unfair, and ungrounded, both inexpedient, and national will not expressing Ф. The writers of the quoted book very precisely have defined(determined) a status quo.

It is necessary to mark, that already since presentation in the book of the main(basic) concepts about the right and legal phenomena it is possible to watch definite алогичность of an adding up system of justice.

For example, for proficiency of an act, violation(disturbance), the particular acts as an offence (then, purely, only also occur the applicable consequences for the offender) the fulfilment simultaneously of several requirements, conditions is necessary:

а) The operating should be is demonstrated realized;

б) The operating should be illegal (У there is no offence, if it is not statutory Ф);

в) For this operating the legal responsibility and at last should be beforehand stipulated (!):

г) У Is not by an offence the particular act, if it does not cause an essential harm company Ф.

Already in joint presence of these requirements it is possible to see, more precisely difficultly to not see, default of the main(basic) and mandatory system principle: checks of a system on necessity both sufficiency; from here and natural conclusion(injection) about by all means owing disastrous drop of an overall performance of a law-enforcement system, Ч for У ALL USELESS HARMFULLY Ф. It is difficult to explain occurrence(appearance) of all these conditions, and major Ч their so durable conservation by something to diverse, rather than by development of steady corporate concerns of the creators of the right and many правоприменителей, by which one this многослойность and the complexity is expedient.

Ч Is more expedient not absolutely necessarily only in material sense. But complexity, equivocation and even пробельность of the right Ч

It, at first, compulsory condition and field of a development of bright creative capacities of the scientists. BUT often condition of survival малоподготовленных of the grey persons laboriously coating is a field with the diligence also is simple;

It, secondly, and field for a development of artistic capabilities ardent ораторов. Ч BUT ALSO and крикунов, knowing how to pull out the necessary decree or departmental sitting without dependence from public usefulness of this solution. It is more than that, it is considered for special доблесть Ч as for good advertising to sell a wedding dress 90-year's старушке.

Is characteristic, that despite of intensive нормотворческую activity of dumas, governments, ministries, offices rising as funguses of public and economic associations and constant multiplying of rule of laws (праворазрешительных, общедозволительных, правозапретительных, law-enforcement...) equivocation and пробельность do not fade, they are multiplied!

And more one paradox: one, major half of arisen opposition У the infringer Ч lossed Ф in rule of laws are not registered absolutely or nearly so absolutely. It means LOSSED. He is not interesting to the legislator!!

The truth, idealized in the miscellaneous articles, books, commentings... It is accepted to rustle that by major is in operation right is (or УshouldФ) У capacity be right to render at least ценностно-мотивационное effect on the person, commonality of the people Ф Ч i.e., actually, on public concerns. Still also rustle about social value of the right. And at last, exists, though and for some reason requirement, permanently overlooked(forgotten) by all, to the right (purely, as well as to all other public phenomenon) to take that niche(well), where it is necessary. That is requirement to take that field(area) of social space, in which one the right is capable to render progressive effect on public life effectively to route human activity Ч that is to occupy that niche(well), where available УoriginatingФ of the objectively conditioned need(requirement) in legal regulation and where this need(requirement) no, the rule of laws have nothing to do(make).

But all this voice scandalous. Despite of all such, always was and today is invariable the tendency занормировать everything remains valid, that only it is possible. Instead of it is necessary.

Ч Alas, everything, except for frequently most significant. Including even except for the natural requirement У social protections of the separate individual and communities of the people as a whole from an outrage and violence Ф, i.e. requirement of supply of social safety. This requirement in the present right practically is not realised, at all not speaking already about such УinsignificantФ factor, as the right of company on progressing in the direction, necessary for him(it). For example, in our right УencouragingФ and У the design guidelines Ф as a resource of social progressing are esteemed only as УcomplementaryФ, and consequently as though and optional and even superfluous. They too are uninteresting neither правосоставителю, nor правоприменителю.

CONCLUSION(INJECTION): the legal system already for a long time and strongly lives by the isolated life without dependence from concerns of company.

For example in same (quoted by us here) book, purely, as well as in many other, affirms, that the method of violence is generic in the totalitarian states, and with the help of legal toolkit as if the civilized control Ф by social processes implements У. Whether but us it is known, that the totalitarian state too can have the advanced legal toolkit. All problem in what ultimate goals, what managing concerns pledged in the doctrine of the working right.

If У harmonic and progressive progressing Ф the persons, company, and besides with minimum costs Ч that yes, this civilized control. And differently it is the tool destructive, when owing to unsuccessfully selected or беспросветно отставших of principles of a law in force gradually, скрытно, or is opened, there is more and more noticeable У a misalignment of concerns (company) and will (law) Ф. All reason, therefore, Ч not in usage (or non-use) legal mechanism, and in his(its) quality, in effect doctrines which has been trusted to in his(its) basis(fundamentals): dialectic or as it was received today Ч dogmatic, занормированной, fixed.

Yes, the strictly normative approach as a resource of maintenance of order and the more so as a resource of self-progressing of company has ceased to work.

That at a new stage of progressing of human community in the best way to provide such major (from the point of view of the co-authors of the book and ours too) ценностные reference points, as JUSTICE, FREEDOM And the HUMANITY, is necessary to change the communal doctrine of the right, to create other general rules, У general and steady Ф, founded on natural, natural, plutonic principles. Only then they become УvalueФ for long years forward.

The подетально-normative approach, founded on strict observance legal and in general of any instructions, dogmas in company with the rising legal conscience itself is quick(rapid) gets rid. The level by ours образованности, миропонимание is free or involuntarily inspects much from this fundamental, that it seemed in life earlier firm, is unique valid. Ч

Ч Mankind step-by-step умнеет

We step-by-step begin to understand,

• That threshold, Уyes - нетныйФ the approach to something Ч is the approach extremely primitive, almost simian, and major Ч малоэффективный if not to say is felonious ineffective. He permanently will cut off our public progressing, carries on us in dock;
• That in total of meal, information, women, money... It should be completely not necessary than more, the better: them there should be an optimal quantity for... For the best fulfilment of those or diverse functions. All useless harmfully;
• That freedom, which one still with домарксовых of times,apparently, is determined once and for all as У a capability to do(make) everything, that does not harm to other Ф, is simple it is impossible to execute(come true), and we are forced, us anywhere from it to not get to, to enter other limitation: that all harm was paid (is indemnified).

In an ideal major public functions of the right Ч регул¤тивна¤ and watchdog (by effect on public attitudes(relations) in a direction, expedient for his(its) progressing). Actually these functions while only to punishing, also are done(made) by(with) it it frequently is coarse and is ineffective.

From a stand of system approach essence of a tendered direction of perfecting of the right, as well as any operating system, Ч in the introducing of different feedbacks (from an output(exit), outcome, on an input(entrance), motivation), contributing stabilizing and progressing of a system.

It is extremely important, that in any system, social including, were both negative (stabilizing), and positive (developing) feedbacks.

The major requirement to members of a feedback Ч sensitivity to negative and positive deviances, безинерционность of all transmission channel of a cue about deviation(rejection) and adequacy of transformation(conversion) of a cue from the sensor in control action on the object of regulation (negative or positive).

The explorers - lawyers more than once marked, that in a system of legal relations the positive feedbacks practically are undeveloped, here again we shall concern only links negative.

In any system a major member of a feedback is the sensor. In a law-enforcement system this function, as is known, is executed(designed) by(with) different bodies(organs) which are exercising watch, consequent etc.

The communication channel care of demanded effect Ч is all chain from supervision(observation) (acquisition) of violation(disturbance) before rendition on it(him) and execution of judgement. Essence most judicial (and diverse) solution Ч in transformation(conversion) of the information about an observed crime, misconduct, about УviolationФ(УdisturbanceФ) (or in general about a phenomenon, about this or that fact) in the decree, adequate to him, or diverse body(organ) executing(designing) a function of proficiency of violation(disturbance) or the fact, phenomenon and rendition on them of the solution, judicial or administrative. But the quality of rendition judicial and the more so administrative solution is frequently determined by low proficiency Ћѕ–, his(its) ambitions, спесью, corporate reasons, but not as not by public concerns. The solution and these not of simple problems Ч too within the framework of the competence of the reversionary Right, though they are far behind frameworks of legal proceedings.

In this piece as most saturated the subjective moments, and moments, major for course of business and сложнейшими, most brightly exhibit all pluses and minuses, all концепт of the reigning legal system. And on this field(area) our main(basic) spearhead of transformations,(conversions,) tendered us, all essence of transition from the concept of the Roman Law on the concept of the reversionary Right is directed.

Are available certain fragmentary and is weak the established items of information that the attempts of transition on more effective УreflexiveФ concept were and earlier. But progressing of this direction, among other things, subjective and corporate, with what is already begun to be impacted we, were braked by that down to 80 years there were no reliable and enough all-embracing methods of definition all or even of main(basic) kinds(views) of damage. Now metrology of social damage and effect (социометри¤) is principally quite prepared for problem solving of a rating and indemnification(compensation) of damage, which one there can be a judiciary practice. The business costs(stands) behind creation of the working method of applications and applicable progressing of legal problems on the basis of the new concept Ч "REFLEXIVE".

The doctrine of the reversionary Right still should be elaborated. But some its(her) fundamentals already basically clear from the previous sections, here is possible to attempt to set up in a context of the terms, adding up in jurisprudence, and concepts.

Most remarkable, that in the freshened legal system, as well as in the good invention, in the maiden, upper point У the formulas of the invention Ф (if her(it) to construct on a german system, adopted for us,) some possibility of using in the reversionary Right of a lot already of registered today members is exhibited. But there are, hundred it only in theory, instead of in practice. And nevertheless it introduces huge value, for considerably simplifies a problem врастани¤ new in life.

First of all, it let in theory but nevertheless professed priority social above legal, normative: У source and defining for comprehension intrinsic in an offence the submission(representation) is that it is characterized by a public harmfulness and [only then!] by illegality Ф. Let's remark it. It is more than that, anybody from with whom was necessary to us дебатировать on this subject, Ч anybody! Ч could not explain, what for this word facing after union УandФ.

Between that, this appendix not so much by fact of the existence, how much subjects is dangerous, that this attachment, приклейка has huge, all-devouring tendency, unquenchable thirst to be reamed, to be faned up to a level of all main(basic) organism. And even it(him) to overlap. That is in practice an attachment УillegalФ Ч or because she is primitively simple, or owing to тыс¤челетней of a habit Ч each lawyer sees as is unique indispensable. And outgoing from him(it) determine all: course of factfinding, investigation, acceptance of thousand courts of tens thousand solutions... Ч And it however passionately the theorists of the right on the subject of would be tightened:

• У A public harmfulness, danger Ч the main(basic) objective tag defining feature of an offence... Ф;
• У A public harmfulness or the danger is objective property, objective in the sense that the particular act hurts company... Ф;
• У Up to [ostensibly and really only up to] of recent time almost conventional was considered, that fact of inhibit of particular act in правотворческом the act determines illegality of particular act... Ф

From here one conclusion(injection): the law-enforcement system is not furnished У with gears of deadlocking of the false legal rules Ф. And in general owing нормотворчества, prospering as it is visible, on a false field of the managing doctrine. And the reproduction of these false norms(standards) goes at all levels нормотворчества, down to maximum. That hindered the legislator in the recently issued Civil code (1997) to limit by spirit of the basic article 14 with definition of a crime, where in a part 2 is directly established(set): У is not by a crime the operating (sleeping)... Not caused harms... Ф? What for it was necessary after the articles maintaining a main body, to give a huge set of the articles in the special Part? Ч of a type:

At formulation of the new compensating - legal doctrine we shall try to express her(it) in a hierarchic kind(view), such as the spline formula of the invention. That will be received:

1. The law-enforcement system of suppression (depressing) of antisocial activity containing corrected detections of violations(disturbance), their proficiency as общественно harmful and decision marking about assigning a responsibility distinguished of subjects, that as yardstick at detection and proficiency is unique it is necessary and the extent of the marked harm (damage) is determined enough, and the assigning of a responsibility is executed(designed) predominantly by indemnification(compensation) of all damage marked lossed and company.

Here it is necessary to repeat an earlier made disclaimer concerning the terms of УharmФ and УdamageФ. Till now in the legal literature their full mixture(mixing) and equalizing is watched. Quite often in the same activity it is possible without the special demarcation there are these both terms. We distinguish them: IT IS of a HARM Ч a short-term result of effect (for example, pain feels and ecchymosis or wound after delivery of a strike, loss of time and money to treatment etc.), and DAMAGE Ч same, but effects, suspended on an extent, on the individual (average or with allowance for of his(its) psychophysiological and diverse features) and expressed in a value form, that is in internal or foreign exchange.

As a rule, if to eliminate elementary on a construction of the invention, social too, the algorithm of their specification statement can not limit by the single-link formula. In this case we shall put(cause) it(him) by the way трехзвенной of the formula (further detailing concerns to category(discharge) of the subordinate legislation statutory acts of a type of the working method of applications). The following two slave points of the formula:

2. The subsystem of definition of the marked damage includes rules and bodies(organs) of definition full Ч of economical, material, temporary, physical, moral and diverse damage marked particular damaged (damaged) and company as a whole.

3. The subsystem of indemnification(compensation) of damage includes rules both bodies(organs) of exception and allocation of the buy-back sums, switching on the persons, attracted to legal proceedings and legal proceedings.

Practical operatings in case of a beginning of implementation of the Reflexive concept:

1. Completely normative rating or nearly so is completely eliminated at usage of the acts. The maiden time she remains only as auxiliary and only for violations(disturbance), damage from which one (actual and the more so potential) to evaluate extremely difficultly, if at all it is possible: assassination of the political figure, concession to own territory to the foreign person, violent change of power etc.

2. Completely or the normative pieces in the existing subordinate legislation (naturally, except for the rules of the mode, fulfilment of the solution etc.) are partially eliminated with the vocal prohibition usage, and these acts are integrated.

3. Socially both are economically substantiated and the rules and gears of exception of sums of compensation for particular guilty, his(its) colleagues, family, cognates from the scores of banks, about volume number and abroad, etc. are legally described

4. The financial subsystem of charge both exception of sums of compensation of damage and his(its) allocation on the main(basic) subjects Ч to the participants правопроизводства on each particular business is entered.

5. The subsystem of forced hard labour (общественно useful, but малопривлекательных and labour-consuming) for accelerated indemnification(compensation) of the marked damage is reamed. Ќеделанной of activity in Russia Ч through an edge(boundarouse).

6. Is designed(elaborated), is discussed and the maximum irreproachable subsystem of proficiency of the person of the infringer as socially dangerous for the substantiation of necessity of isolation(insulation) it(him) from company is entered.

7. Are designed(elaborated) and are discussed (methods of referendum) lists of possible(probable) kinds(views) of a harm and calculation of damage depending on economical, social, national, geographic, climatic and diverse conditions (in country as a whole and on locales).

Understanding, that for the orthodox reader - professional we is representable a capability joyfully потирать of an arm and to slam(whip) in ладоши, it is necessary nevertheless to indicate definite limitations of the tendered approach and to give some посылы to their putting off(taking out).

The known conflict of duties: Уsmoking - non-smokingФ. In frameworks of УnormativeФ moral she is authorized by простановки of the plate У here do not smoke Ф. Within the framework of the buy-back (reflexive) right the conflict of duties seems irresolvable, for smoking can declare: yes, we plot to you damage, but if you to us prohibit to smoke, you will plot damage to us. Perhaps, for this purpose can be quite worthy escaping it would seem of a vicious circle.

It is necessary to remind, that the present right proclaims служительницей, purpose and resource of satisfaction У of social - fair, progressive needs(requirements) and concerns of the citizens, company as a whole Ф. Therefore, all problem in, whether on favour to company goes smoking either alcohol or narcotics or ла¤ние of a home dog or loud economic activities behind a wall.

Within the framework of the liberal moral a problem unequivocal(unambiguous): that the person wants, does(makes). In what it results in economy, moral, in a social orb we is clearly visible. This multiplying of criminality, drop of birth rate, recess of the militarians and not military conflictings, debacle of a pollution of the environment, as a whole drop of quality of a gene pool, degradation of mankind as kind(view). But even within the framework of dictatorship пуританской of moral an above intended number(series) so is possible you see to continue: alcohol, narcotics, м¤соедение, блюдомани¤.... Or so: waiving of wars? The conflictings? Disputes? And can be even and debate??... Ч It is obvious, there is somewhere edge, optimum, when the person, the people as a whole basically are not capable to manage(consult) the passions. It also is a level of communal culture of the given company or given stratum of company.

Company as a whole and right, reared by him,(it,) as his(its) subsystem are obliged is realized, from stands of prime targets of a survival of mankind to approach to comprehension of facilitiess both methods of struggle for self-survival and self-statement(self-confirmation) on a planet the Earth. And outgoing from this this or that type of the state structure and his(its) right should be selected. And it automatically all particular facilitiess of self-regulation: information, educational, воспитательные, political, economical... And legal including, and can be even first of all. The person is not yet ready for much from them.

And still at a level of the local conflictings the solution within the framework of the buy-back doctrine is quite accessible and now, if in each of them all spectrum of kinds(views) of plotted damage of each of the sides will be allowed. And if between smoking and non-smokers the wall cannot be delivered, each side should pay all damage, plotted by her(it). But if to accept the moral damage one another equal, smoking it is necessary to pay also harm physical: by the non-smoker and all descendants, first of all.

The second conflict of duties, У the worker and employer Ф, difficultly soluble within the framework of the reflexive concept. Any variation of the wage: to one there is a plus, and other a minus. However, as well as price for any thing in the market. And as rip-off by one of a bin other. In socialist company with the socialized property this conflict of duties seems in general irresolvable. If one part of the people something receives, other Ч loses. As all of us remember, the conflicting within the framework of the normative concept could be pulled by years, while concerns надсистемы Ч of office or even the states here did not interfere, by which one the director organizing all production, rather than it(him) винтики was more relevant,say.

All problem in general was, as far as necessary it винтик. At a private property the problem, probably, should be decided as Ч if, certainly, it not the director of общественно-harmful production.

The third conflict of duties: feelings of revenge, envy and so forth, not indemnified by any sums from the infringer for the marked damage. This feeling is multiplied depending on a lot of circumstances, frequently especially psychological: social contrasts, negative previous history etc.

It is represented, that for these features in court to allow does not follow, i.e. it is necessary to orient on У общественно a normative level Ф. Worse, certainly, if this level too primitive and подстать to him a level of the judges. Obviously, output(exit) for damaged then only one: transfer in other company, in other микро- or макроколлектив.

The fourth threshold: У irreplaceable losses Ф. He is close to third and too difficultly преодолимый by the reflexive concept: assassination, mutilation, terrible offence etc. not speaking about last, we shall remind, that in insurers for us and abroad considerable expertise on definition of УpriceФ of these violations(disturbance) Ч in the elementary case Ч was already accumulated regardless to the person lossed, recently Ч through court, depending on the one who, whom, whom, when... But nevertheless these cases concern to those 5 Ч 10 Ч 20-ти to percents, on which one in a transition period Ч year three... The reversionary right will not be diffused.

Interquartile consequences of implementation of the reversionary Right.

1. 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. Probably is eliminated, the maiden time will be left some kinds(views) of branch disciplinary responsibility: railway, military, air transport etc.

2. It is not required in bridge with criminal to excite the civil case: from him(it) all will begin and, probably, will be terminated.

3. 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 activity (by confrontation to most close, more effective prototype) and so on.

By the way, this point can become a reason entitiess of opposition forces against implementation of all system.

4. Will decrease наполненность of prisons and camps as schools of crimes and will simultaneously be improved, Уочеловечатс¤Ф of a condition of a contents in them of the persons insulated from company.

5. Will sharply be accelerated and Угуманизируетс¤Ф the process of legal proceedings.

6. Is sharp (in tens time) the volumes of the statutory acts Ч will decrease though a certain raid of mystery, unpredictability, артистизма and lack of general rules will be doffed from activity of the lawyer.

7. 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.

8. The tendencies to rendezvous(approach) different, and sometimes and polar legal systems of miscellaneous countries and continents sharply will amplify.

9. At last there will be in the right a place and urging of activity with positive social consequences. And including by installation of set norms values of deducted facilitiess on incentives for общественно effective activity.

10. Such will be eliminated from consideration secondary for company and lossed the factors, such as definition of motive of a crime, violation(disturbance), detection of an extent of so-called sensibleness of an act, age of the infringer etc.

11. Russia after implementation on the territory could become an example for other countries instead of a usual phenomenon Ч of import technical and even (!) Social novelties from West.

12. The role of state regulation Ч but not will amplify by подетального of planning(glide) and every minute понукани¤, and by creation of effective gears of self-progressing.

13. The legal literacy of the population will essentially be increased (for tutorials will be notably more thin and доступнее for comprehension) and the function of the right will accordingly be increased воспитательна¤. Concept У ignorance of the laws Ф will disappear. The simple and clear principle У for all will be necessary to pay Ф to know everything, it is possible to say, Ч with ¤сельного of age.

14. Is sharp (in tens or even in hundreds time) the performance of depressing of nature protection activity Ч will increase is simple at the expense of the introducing of a system of exception ecological, including, and in the densely settled terrain Ч mainly of social - ecological damage.

15. Performing discipline essentially will increase and in general performance нормотворческой of activity Ч is simple at the expense of implementation of the rules of remedial for non-use of any obligatory rule. Naturally, depending on value of this damage.

16. There will be a growth(increase) of respect to a law-enforcement system as especially общественно useful and major Ч У as the instrument(gun) contributing to creation of company of a new type and for it intended Ф

As it is possible to see, the positive consequences from implementation of the reversionary Right multiply will exceed negative, which one is sick to touch only minor part of our company. And consequently, there is a sense to us with you to think of this implementation as piece of the best supply of our social safety.
 
 

ј. Idealized developments

Ѕ. Initial (experimental) implementation of practice of indemnification(compensation) of social damage

2. Coordination between them of the concept and ground rules of a rating of damage.

3. Assigning several centers of accreditation.

4. Leaving out of pattern ћ¬ƒ about the beginning of judiciary practice on the new basis(fundamentals).

The serial-to-parallel activity on these directions is envisioned. The opening-up of a serial of the preliminary publications about the purposes and problems of proposed legal reform with the prompt of the specialists on a metrology of innovations, under the theory both practice state and local law is planned(glided), and also sociologists to share in a critic and adaptation of tendered methods of activating of a system of definition and indemnification(compensation) of social damage as a whole and by separate pieces, and also in implementation on particular actions of proceeding in different locales of Russia and in Moscow (by realization of a serial of seminars under the incidental points: legal, economical, social, организационно-technical).

This subject, as it is possible to see, really complex(integrated), and on an inquired volume of financing (is optimal Ч about 2-3 млн. Roubles) the initiators from miscellaneous fields(areas) of the theory and practice will be attracted on the constant and temporary basis(fundamentals). Our activity in a structure of expert Council on social safety and social progressing √осдумы, Public advice at ћинюсте and Public advice at the Minister of internal businesses, and also in a structure of the Russian expert league allows to be sure, that the coauthors of the applicable proficiency if there is nominal repayment will be retrieved without the special transactions.

It is possible to consider(count) quite real during all term of fulfilment, except for activity in Moscow, engaging in experiment complementary as a minimum one - two locales of country. In these locales the social experiments under the introducing of practice of charge and exception of social damage will be conducted.

The conferences, seminars on an explanation of original positions of the stated subject will be conducted, is published not less than 50 copies of the brochure, and if there is additional financing Ч issuing of the special log-book for charge-free transfer(transmission) in administration of all locales, and also in Government, in all committees √осƒумы and in Advice of Federation. Such log-book (У Talent of public progressing Ф) is already registered in √оскомпечати.

By results of implementation of the given project the rating of his(its) productivity as quite objective stage of a long-period operation above perfecting of the domestic legislation in an orb of social safety and social progressing, namely will be conducted:

- The analytical help concerning possible(probable) usage of the separate rules of law of the existing legislation for вживлени¤, gradual implementation of principles of the reversionary Right in the process of legal proceedings and as a whole in law-enforcement activity will be prepared;

- The proposals on usage existing and - or to the introducing of new bodies(organs) Ч that is on creation of state pattern of social safety will be prepared, the algorithm of its(her) operation (only on principles of self-financing) will be designed;

- The system of algorithms both computer programs of calculation of effects and damages will be prepared, which one can be recommended for usage in practice нормотворческой and нормоприменительной of activity, as a whole in a system of rise of social safety and activating of public progressing. It will be one more pitch to full informatization of legal proceedings.

That is will be prepared suitable for forward(straight) usage in a law-enforcement system:

At a rating of damage from offences,

At a rating of performance of the most law-enforcement system and its(her) separate links (in one, relative units, is proportional to attitude(relation) of value of the uncovered and indemnified damage to value detected,

At entitiess of a system of self-progressing of a law-enforcement system.

And as for usage in adjacent fields(areas):

At opening-up of informative submission(representation) of a level of performance of electoral programmes of the candidates on selection of all levels,

At entitiess of pieces of forward(straight) democracy, since local and domestic levels,

At selection(sampling) and implementation any общественно of the useful proposals on an extent of their social significance, with allowance for extents of their realizability and performances.

During fulfilment of the program the transfer(transmission) of materials for discussion in the applicable committees √осдумы, and after termination(ending) period of the program Ч transfer(transmission) of materials to locales for implementation of the project in parts is supposed. Hereinafter, after completion of the given program, all subsequent activity in the field of legal proceedings can implement forces of the same lawyers, which one now work on the basis of the existing legislation. It is quite possible, that the attractiveness, exhibited during fulfilment, and performance of the given activity within the framework of Russia and behind its(her) boundaries will be the basis for the repetitive appeal us to Fund.

It is possible to suspect, that per the maiden 5-10 years new, third тыс¤челети¤ it will be possible to rearrange from a head on legs our legislation. Naturally, at first in a scale of the country. But as an example for all.

Let's attempt to calculate a social and economic potential of this achievement having, from our point of view, quite real chances within the nearest years enter our life.

Directly it will touch activity only 100 thousand Russian lawyers with a scale of a social production of M all about 100 000 х 4700 / 2, that is about 0,2 млрд. Dollars / year. (4,7 thousand dollars / year Ч среднемировое an electronic field production per capita. For us approximately in 2 times is lower). The variations in this kind(view) of production can be evaluated by value of a degree of quality To = 1,5.... 1,7. That is potential ѕ = M (To - 1) will make about 0,1 млрд. Dollars / year.

The implementation of the reversionary Right will affect all psychology and productivity(output) those who now is as though outside of a zone of the responsibility, since 9-million army of the officers, and will affect in any way less, than on 5 -10 %. That is potential of our proposal in this part about 9000 000 х 4700 х 0,05 / 2, that is more than billion of dollars annually.

But major, occurred variations affect what life is adjusted(regulated) by these officers, whom they give helps, bear definite общественно the significant solutions, whom they judge, who already endures the punishment Ч and it not less, than in 5 times more. That is the major potential of the given proposal Ч in variation of psychology and then (can be, not at once) labour productivity 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 Ч judicial,

Secondly Ч 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... Ч all. It will be a communal field of the responsibility for the sins, that is for minuses, and field of incentives pluses. And more: in mass not having yielded (if it is honest, not having received a capability to yield) bottomless western consumerism and on the other hand having turned away from fruitless eastern contemplation, we can become hard on a path of building of socially oriented company as models 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 Ч is silly переусложненную a tax system. But nevertheless to start from reform of a system of supply of social safety and social progressing, and in her Ч from reform legal.

By activities in field(area) конструктировани¤ idealized both rules of thumb of calculation of effect and damage and development of gears of social progressing of company we are held since 1973-74 years. All these methods are within the framework of progressing idea потребительной of the cost Ч of a direction very few(not enough,very poorly) studied in transactionses классиков and even by army of the ordinaries of the explorers. They include such edges, as definition of economical, material, physical and moral effect and damage in a value form, and actual and potential (see list in a list of activities Ч the Appendix 5). Thus, now it is principally quite possible constructing of the working method of applications intended for usage in practice of legal proceedings. This constructing also will hold a main body of activities under this program.

Plus, naturally, development of the effectively operational economical and organizational gears of implementation of the reversionary Right as relevant piece more обшей of the program of safety control and social progressing of country.

The designed methods include, except for the indicated pieces of definition of current effect, also the definition of prospects of developments (term of their obsolescence), that can be suitable, for example, at a rating of damage from depressing инновационной (новистической) of activity. As far as we know from matching with the majority of the approaches, available in a pattern, to such rating, we have significant(sizeable) priority, and also by experience, specially in a part of a rating of effect, damage both certification of quality of the goods and services (to the present time by our organization is conducted about 400 type certifications).

Attorney - practice, live in a structure of the initiators of a subject, will not allow us to become isolated inside idealized inventions and will simplify an output(exit) of developments on practice.

What we build? 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!

To not seem absolutely by the limited masons, is dull stowing кирпичики on the beforehand foreseen certain architects of a place, we would like to uncover hardly more from that temple, that to us the great Architect has opened.

Supply of social safety in human company Ч it only first stage to great свершени¤м in business of social progressing of mankind indicated majority of the astrologists in third тыс¤челетии. It also will begin from Russia.

In going around тыс¤челетии 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 тыс¤челетие has given and a lot of negative, including:

• CONSUMERISM Ч an authority of things above us, introduced in a blood of each of us with milk of the mother and consolidated for the score подстегивани¤ of feeling of envy and curve by advertising.
• IMPOSED TECHNICAL УPROGRESSФ which is urged forward by us at the expense of the same developed feeling to get and рахитичной of a system of rating - remedial, system, mismatching and even countering to progress social IS COARSE.
• BIOLOGICAL And SPIRITUAL REGRESS at the expense of recess of consumerism both other alternate materialss of an exercise stress and spiritual beneficiating.
• DISASTROUS OPPOSITION of countries, peoples, religions, crews, people... Ч all with everything, i.e. present collective algophilia.
• THE BAD TASTE, mass education on the basis of stimulation in itself of low concerns, proclamation of permissiveness also is false of realized freedom. From here degradation of a genotype and confessor.
• DESTRUCTION And IMPURITY of the NATURE, disastrous and apparent unguided and not patched(not rectified), навечным.
• HORRIFYING GROWTH(INCREASE) of SOCIAL CONTRASTS...

The huge role ‘емиды, which one is necessary directly to say, that in all it... Hereafter it is necessary to play a not less huge role in облагораживании of company. Therefore today she Ч center of our attention.

Some almost ready organizational prescriptions and accordingly of considerably legal pitches already are now viewed, which one we shall try to set up by the way of proprietary forecasts.

The limitations from patenting of many directions of human activity will be removed(taken off). But patent system, эгоистически limited, even prohibiting distribution(propagation) many общественно of expedient novelties will be simultaneously essentially reorganized.

Will be essentially reorganized, the tax system constructed now on urging of plunder of resources(safe lifes) Ч natural and human and дестимулирующа¤ outcomes of a transactions is inverted from a head on are nude. Let with definite disclaimers, but the Resource taxation Ф will be accepted У

Alas, more УcivilizedФ clones never will disappear тыс¤челети¤ despised defects of the person and mankind Ч a lying, скаредностьи, hypocrisy, parasitism, in particular(personally), psychological вампирство and them: корпоративность with its(her) legal sisters - близн¤шками: лоббизмом and профкретинизмом. Will not disappear at once and mass of branches of a social production with negative public consequences imposed to company only because of low social sensitivity and from here безреактивности of its(her) members, i.e. because of absence in a nem of effective gears of detection and depressing of these consequences and from it the domination of progress, artificially imposed to us, that is actually, as appears of social regress. Many from look-alike kinds(views) of activity will stay for ever, but become business especially personal, local and rather risky, for implementation simple and all of a understandable rule: for all it will be necessary to pay severely to oppress all their exterior negative developments.

Any position, elective or assigned, will be a place of implementation of public 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 carriers(launchers) общественно of the useful ideas maximum effectively sold in the given place and in the given time. Due to implementation of nearest of them, most actual Ч of the reversionary Right of sequential queue on many from seats apparent today absolutely attractive, for many from their present claimants will lose all attractiveness, and the present sequential queues will notably be reduced to them. Probably up to zero point. For the authority is Ч it and rights to manage of another's destiny, and врата to scale capabilities to do much to company of a harm, for which one it is necessary to pay, authority придержащему personally, all to his(its) command, their cognates and even familiar, which one, naturally, from affinity(proximity) to the dominating subject receive quite definite favour. Even only moral.

And then there will be no diverse output(exit), than to insert a system of true people government Ч У forward(straight) democracy Ф, voted down on presidential selection in USA in 1992 (program –осса Pen).

—никнет, усохнет rough multiplicity of systems of urging Ч both material, and moral. Will exist only temporarily, the alone basis for общественно of significant incentives Ч public usefulness will not be approved yet. Thanking объективизации of its(her) rating in all and everywhere there will be here that recently has taken place in one of important pieces of show - безнеса Germanium, words јнастасии –ахмановой from a German Surge, false and selling: irreproachable counting of the sold compact discs as soon as was entered, all earlier artificially promoted(sustained) УstarsФ suddenly have departed in трамтарары. Those were exhibited, which one and earlier liked most of all, but because of show - политиков is undeserved remained in a shadow. Same will happen and after social reorientation of time-sharings (УInternetФ, √асвыборы and other). And with frequently artificially promoted(sustained) empty ideas and political stars Ч and for us and all over the world. Same will happen and with advertising after development by mankind of objective methods of certification of quality.

Holding a meeting, protesting, proclaiming, striking instead of fruitless выливани¤ of the emotions 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 У Networks(grid) of social progressing Ф for creation of a system of effective involvement all in expedient control of country, i.e. in creation of the present system of self-management.

Religions, religious doctrines, political economical and diverse theories, large and small, тыс¤челети¤ existing (and саморазвивающиес¤!) in self-isolation(self-insulation) due to a feature of those or diverse national, social, geographic, climatic, physiological, mental and diverse features of their adherents, and sometimes, that of a sin to conceal, due to corporate, эгоистичным устремлени¤м of their supreme priests, the visible tendencies to association will exhibit, will inform by the pluses and will find paths to canceling minuses. For after implementation in a pattern the reversionary Right can give the radicals and in such thin business, as the faith, religion and is like that.

Only such трасформации in public consciousness and in public practice will allow slowly, but confidently to minimize from a path of social regress, destruction of natural and human resources(safe lifes) and negative космизма on a path of spiritual and solid progressing, without what of mankind, as a biological kind(view) and as the divine force is simple will disappear.

Tentative pitches from these negative tendencies, probably, is given to make to our people. Not by contaminated dull consumerism, not избалованный by exploitation of other peoples survived contract some drama and tragical epoch (and more experiencing), he quite merits the best life.

Many human troubles really were and is by spawning of social tolerance(insensitivity) and from here безреактивности. Not by an ingenious enlightenment or victories of political parties, and natural growth(increase) of a human self-consciousness, qualitative growth(increase) of the person, his(its) natural enlightenment it is possible to explain occurrence(appearance) let while infrequent, but nevertheless of quite palpable socially suspended theories and practical gears of recess of the social security, steadily accelerated public progressing.

Major now, at the given historical stage, are social safety and social progressing, and the most effective start in this direction, on our view, can provide that is called as us by the reversionary Right. If, certainly, in the near future other, even more effective and communal enough solution of social problems will not be retrieved. But while here of dawn is not watched.

We do not have any doubt that the mankind at last will go on a path of qualitative self-perfecting, putting off(taking out) of international, interethnic and interbranch inconsistencies, on a path of putting off(taking out) of social contrasts, mutual, deserved on businesses and capacities of respect the friend by the friend of all people on the schedule.
We here is not simple romanced. We would like, that each, who will work on our building site, was sure, that he costs(stands) a great temple, Ч in place . and to time.

Here we give only some substantiations of a capability of implementation of the concept of the reversionary Right. The bill, which one now to be in Duma (Appendix 4), enters paths of his(its) implementation explicitly enough. However proposals on implementation of some main(basic) pieces of this right here are given also within the framework of the current legislation. The problem, as it happens more often, only in liquidation of a deficit of the Russian will.
 
 

REASONS THIS HAS A LOT OF, AND QUITE EXPLAINED.

At first, already from the very beginning of implementation of the reversionary Right significant(sizeable) number of rules(situations,positions) being the basis(fundamentals) of teaching of the specialists and constant education of masses, will appear incorrect or on an extreme measure waste, and new Ч while misunderstood.

Secondly, some subjects of scientific activities, books, thesises can suddenly appear irrelevant, ineffective and waste.

In third, the considerable number of the citizens exists, lives, in the best way exhibit the knowledge, capacity (for example, ораторские) only within the framework of existing model. On a new field they can suddenly appear not destiny.

But it so to say, till one side of barricades. And till other?

Despite of obvious positive consequences for company as a whole to appear it is a lot of dissatisfied here again. Also IT IS ALL NOT INCIDENTALLY:

At first, much from those who today препровождает, guards the criminals and even who sits for crimes, it is necessary to study Ч and not only new administrative rules, but also fashions of behavior. Ч BUT, truth, more human, than today;

Secondly, some of concluded instead of вольготной of life of the leaders will lose овец and more, probably, become on forced hard labour equal among equal. BUT we shall remark: in case of successful переполюсации of reference points they (instead of the mean officers, simple землепашцы etc.) can introduce company a potent creative socially directional momentum(pulse,impulse);

In third, administrative law today encompassing a rather narrow zone of small-sized crime, small-sized misconducts of a type smoking in the not trusted to places etc.; suddenly will envelop a significant(sizeable) part of administrative and other activities, where there can be problems on an ineffectiveness of a manual, discrepancy(inaccuracy) of treatment etc. And неверности of legal proceedings including. BUT at the new rules of the game the capability of accidental errors multiply will decrease;

In fourth, quantitative calculation, rating of performance etc. notably will lower mystery and romantic, and from here and unpredictability of many legal trades Ч and, therefore, repayment of this transactions. Some trades become where less attractive, than now. BUT to appear a capability of hard earnings, and in pre-election attack Ч and significant(sizeable) scoring for those who behind douches something has: by him(it) the capability will be expedient to introduce the really effective programs. By the way, sequential queues to a seat of the president at all events will essentially be reduced, on different deputy seats Ч not for all is what to introduce, and not all are ready to pay then for the errors.

In fifth, in opposition to the new order involuntarily there will be a thick seam земл¤н, hardly believed in the creative disability and not wishing on the existing rules to change friend (in existing conditions) the point of view. BUT all this can notably vary at variation of these УexistingФ rules and conditions. It is clear, that this relation concerns to category(discharge) рекурентных and requires(demands) an exterior source for its(her) gap.

As it is possible to see from the second sections of listed(transferred) points, the business not so is remediless, as can seem at once. Though, we are recognized, problem more than not prime.

All this was clear and earlier, already at a stage of selection of the concept of the reversionary Right. But also now, even after several years of meditations, developments and discussions (as a result of which these materials) also have appeared, all the same there are many problems Ч not so much idealized, how much practical, remedial nature. Probably, it even is good. It is nutrition for inquisitive mind(wit) of many scientists. Some of these problems Ч not principled, they can be fulfilled step-by-step, other is required to be resolved immediately, the solution on implementation ——Ѕ as soon as will be accepted. And concerning third it is necessary to recognize, that they to the data by the approach on the given level of development of our company and our jurisprudence without the special costs of development and on education of this company are not decided. And it too not bad: if the company will understand relevance of a tendered pitch, it will find the necessary facilitiess to pay till now a little востребуемый a transactions ours scientific and thinking практиков.

Disassembling possible(probable) hereafter it is necessary first of all to remind reasons of furious resistance to the new doctrine,, that in any formed social system exists sometimes quite realized, but often, in mass practically which is not realized, though from it not less significant corporate, centripetal force, which one without dependence from usefulness for all remaining, for company, causes(urges) the corporate vehicle in a name of a self-survival rate and guards herself from superfluous cares to do(make) everything, that the external action was neutralized. Counter to this exterior even more potent force from the outside, from надсистемы can only. Generally maximum надсистема Ч this company and his(its) plenipotentiary Ч the state. In the given particular case by his(its) quoter the system ћ¬ƒ can appear, the adding up situation in legal proceedings hinders which one not less, than company.

But mean here and problems of personal nature much.

Already at a stage of the maiden acquaintance with the prepared draft federal law У About social safety and social progressing Ф (the withdrawals from him(it) are given in the Appendix 4) each, who with it(him) gets acquainted, beginnings to try on it(him) to itself(himself), calculating, that he can more Ч gain or lose? That, the life is those. Many, which one we invite to go with us, it is necessary to convince sometimes to set in У on a throat to an own song Ф. And further to study a new tune. But many us have not understood.

Knowing human psychology, inert and resourceful in desire to stiffen on reached, it is possible to itself to introduce and such situation: new, Reversionary right (and by analogy it(him) better to call as Russian or Moscow, for it has appeared in Moscow, in Russia) eventually it will be accepted by perseverance of the pioneers, intellect them последователей. And even by will of the state on favour of the people, on favour of company, which one this state contains. And УprofessionalsФ will ignore all the same, will pronounce to him boycott. That, in that case it is necessary to recollect a known turn-over in the will 80-year's ‘рэнка —енатры, as is known, of huge patrimony, leaving a main body, to the young wife: У The one who only will raise a problem on revision of the will, automatically forfeits the fraction of the patrimony for the benefit of the state Ф. He has delivered it on the will a fatbit. Differently толковател¤м and спорщикам there would be no extremity.

In this case solution seems, absolutely simple: to the one who will risk to be engaged by the obsolete rules, it is necessary to pay all damage damaged. Moral including. Uneasy to itself to introduce, as dearly it to him will cost.

Alas, on these psychological and material victims it is necessary to go if to remember us, Russians, so severely unfortunate all last centuries. Perhaps, from a beginning third тыс¤челети¤ we are worthy to begin new, best life. Even in a small extent to this will help at that, that here is called as the reversionary Right.

Above we attempted to give principles of the new Legal doctrine, founded on the concept of the reversionary Right. But this Legal doctrine is (should be) integral part of the Social doctrine,  ќќ“–јя except for problems, usually realized by all, of the help by poor and wretched, except for entitiess of strain-relief crystallization of the working etc. etc. should necessarily actuate sections of supply of social safety and accelerations of social progressing.

Already now at surface discussion of the given problem, пессимистов is greater, than design critics. However, thanks God, пессимисты are not always right. Even long before occurrence(appearance) ≈¬–ќ only half of germans approved of transition from the national brand on this currency. As one german newspaper much(many) from пессимистов figuratively has written hissed, calling new currency У morbid недоноском Ф, but since the maiden days of his(its) occurrence(appearance) there was, that this розовощекий карапуз Ч bulwark of the European economical repeatability (У Die Zeit Ф, 10.01.1999). We owe and we can make our country by bulwark of social repeatability.

ј1. A MATERIAL HARM: the loss, drop of money resources, incomes, personal property and real estate for personal usage.

ј2. A PHYSICAL HARM: bruises, wounds, impairment of health, physical exhausting, drop biotic тонуса, degradation of a genotype etc. Ч a physical (solid) harm, real, actual, or potentially possible(probable).

ј3. A MORAL HARM Ч mental, psychological, moral: an aggravation of symptoms of the person, rise of psychological tension offensive organoleptic feels (tactile, gustatory, visual, acoustical....); occurrence(appearance) of threat to life, health, material well-being, possible(probable) violence, including physical and spiritual, offence of feeling of own advantage, forfeiting of access to cultural values; reduction(decreasing) of spare time... Etc.
 
 

Ѕ1. A MATERIAL DAMAGE: forward(straight) calculation of average general costs Ч single or current (for day, quarter, year... Ч depending on the requirements of particular calculation).

Ѕ2. PHYSICAL DAMAGE: objective methods of measuring of shears in a state of health at the expense of rise of a level of the affecting factors above normative: ѕƒ , ѕƒ”...

Ѕ3. THE MORAL DAMAGE.

Ѕ3.1. There, where it is possible, will be used социометрические methods of supervision(observation) by facilitiess of a technical metrology: Ч on hours of delay of servicing, on check weights Ч a fraud of the buyers (with multiplying then on all volume of the realised goods) etc.

Ѕ3.2. There, where the metrological facilitiess cannot be used, the sociological methods will be used on the basis of interrogation of the members of the specially formed Commission of experts from the quoters of the Executive center (for example, from the members Administrative commissions) with the prompt in a Commission of experts of the complementary same quantity of the indirect spectators, volunteers collected in the public places (theatres, magazines etc.). Primary goal of calculation of damage Ч forming of the buy-back (reflexive) sum shown to the infringer for the benefit of damaged.

the DAMAGE exhibited CAN NOT BE PRESENTED To INDEMNIFICATION(COMPENSATION):

• From production by more competitive, общественно of more useful commodity (goods and services, activities);
• From leaving out of company on a uselessness or real harm from usage of any commodity, any activity Ч as a whole or their separate members or from mismatch to commodity to its(her) advertising;
• From depressing look-alike activity;

( Preliminary version):

1. All commissions Ч paid, in limits from 1 up to 10 % of anticipated damage Ч single or annual.

2. Money is distributed directly ahead of interrogation in money denominations of identical advantage not more largly, than 1/20-1/10 from the sum, transmitted to each, (explanation see is lower, item 6).

3. The check is made in time and in places indicated by the applicant.

4. The interrogation is made by the way of algorithm of a type:

6. With the purpose of stabilizing findings of a public opinion poll and drop of influencing of the subjective factors:

1) From a flat, where the Commission of experts carries out(conducts) a rating, all hosts (probably, except for one) leave,

2) The repayment from the paid sum for all activity of a commission by each of polled proportionally to value of damage, called as him(it) is established(set). Thus заранее с¤ specific value of damage on one money denomination from number розданных Ч so that their maximum number corresponded(met) to damage, in 1,5-2 times it is more anticipated. Besides

3) All interrogations are carried out(conducted) anonymously, with full exception possible(probable) персонификации of the answers, it is easier than all Ч by transfer(transmission) from polled in the in any way not labelled envelopes quantity розданных of denominations (or coins), which one each will define(determine) as the rating. The counting of mean ratings is made here, on eyes for everything, summation of the collected denominations and dividing them on number of the people in group. To group all sum, but equally returns.

For example, for damage, the value which one is predefined in 1 thousand roubles on 1 чел ../year. on two operating hours of a commission from 5 persons it is really possible to dedicate 100 roubles (which one then will be complementary withdrawn from the infringer together with a real sum of compensation of damage). These hundred roubles are distributed till 20 roubles to each,say, by fines till 2 roubles, having notified, that each rouble of return will mean 100 roubles of damage. By the same coins each of the members of a commission also УvotesФ Ч i.e. thereby determines the rating of damage. The obtained sum of damage is simple is divided into number participating in a commission. For example, 60 rbl., i.e. till 12 rbl. / чел are reset., that there correspond(meets) 1200 rbl. / чел.

If in the given flat family, testing(experiencing) offensive effect, from 3 persons, the obtained value of damage is multiplied on 3. For several flats, for the whole house, after updating(adjusting) the indications(readings) for miscellaneous floors in the sum the buy-back sum for the infringer (in this case Ч of silence) also is determined. A plus the costs of studies, plus activity of an Administrative Commission etc.

About commencing a suit and about activity of a Commission of experts beforehand is not declared. Guilty of information leakage pay all damage heralded(promulgated) by the applicant.
 

1. The proprietary effects and damages are piled with allowance for of signs (damage Ч, effect +) and Odds of occurrence(appearance) by the way of multiplicand ¬: for actual effect or damage In = 1, at threat of possible(probable) occurrence(appearance) In < 1. In is given by the way tables, and for want of is given is determined by an expert way.

1.1. A communal procedure of proficiency and certification, and also order of reception(trick) and the considerations of documents are determined by a Rule(situation,position) about ¬  .

1.2. The procedure of a rating (expertise) of the public contribution and appropriations of a creative extent is carried out(conducted) after submission(representation) by the competitors demanded for a rating of each achievement of the Questionnaire of a rank for calculation potential and - or of the actual (realised) contribution with the applicable substantiations.

1.3. The creative extent is determined extremely ground of outcomes of proficiency of authoring achievements by a complex(integrated) quantitative rating of the public contribution Ч of public performance shown the candidate (competitor) one or several achievements with calculation of a Rank of these achievements and Personal rank with allowance for Fractions of involvement in creation of these achievements of each of the competitors.

1.4. The questionnaire of a rank nominally envision a trilateral rating with the introducing:

• Outcomes of an authoring self-rating;
• Outcomes of a rating of the same activities on the same arguments: by one opponent Ч under the guideline of the competitor; by two opponents assigned ¬  , and also
• Outcomes of a rating by other (indirect) specialists under their initiative and
• Final outputs under the data of analysis by the members of a Commission and statement(confirmation) on Advice ¬  .

1.5. At assertion of two or several achievements is spacefilled(stuffed) of two or several questionnaire and one generalizing. All indispensable substantiations and calculations are appended to the questionnaire (to the questionnaire). Without them the applicable graphs of the questionnaire are leave outed.

1.6. Under the updated data the final settlement of a Rank of achievement with allowance for of Annual effect and Term of actual usage Ч for the realised achievements or, for non-realized achievements, Ч of computational Term of an obsolescence is carried out(conducted). The creative extent and terms of its(her) recalculation (from a time history because of a natural obsolescence) is accordingly determined присваема¤ to the competitor.

1.7. The following creative extents of public progressing are established(set): the CANDIDATE, DOCTOR or ACADEMICIAN (miscellaneous extents).

1.8. The initial level of the effect, obtained by a career, equal среднемировому to a volume of production (среднегодовой ¬Ќѕ), come on one inhabitant of the Earth is established. This level corresponds(meets) to an extent of the candidate of public progressing. Each following stage(step) requires(demands) increase of effect in 10 times (increment of a rank on one unit).

1.9. For realised also is active used (УworkingФ) achievements a Rank step-by-step increases. On them the recalculation of a Rank and extent is made under the initiative of the competitors, but is not more often than an once per two years.

At termination of creative activities the rank decreases according to an obsolescence on the average with speed 1,3 times annually. Thus the further obsolescence is allowed by drop of a Rank each 10 years on 1 ед. With the applicable drop of a creative extent on one stage(step).

1.10. For achievements counted on potential effect, drop on 1 ед. (one stage(step)) takes place through 0,9 residual MASS-MEDIAS.

1.11. The recalculation of a rank and updating(adjusting) of a creative extent is made and in case on valued achievement were opened new essential from the point of view of public progressing or earlier unaccounted facts...
 
 

At calculation of the public contribution Ч of a Rank of achievements (innovations) value of current Annual economical, social and scientific effect (Ё√) first of all is allowed.

Generally (except for cases, when there are documentary data for definition of saving Ёк by a method of the forward(straight) score) they are counted the basis:

• Documentary definite scale (ћ) of a social production (cumulative среднегодовых of the costs of this production, in нац. ед.), which one potentially or actually is affected by(with) outcomes of creative activities of the competitor, and
• Is rated or as a last resort экспертно of a definite extent Ч of performance ≈ Ч of this effect with allowance for variations of the costs (ƒ) or / and outcomes owing to rise of their quality ( ): ≈ = To - ƒ.

At definition of a Rank under the actual contribution Term of actual usage of achievement from development (beginning of implementation of creative achievement) up to the moment of calculation —‘» (“‘) is allowed.

At definition of a Rank of achievements on their potential effect, computational Term of an obsolescence of creative achievements of MASS-MEDIA (“–) Ч full and residual term (with allowance for of time, elapsed after creation of achievements) and mean Odds (¬) of usage of his(its) potential is determined.

In all cases the Scalar of progressive progressing (—ѕ–) and Fraction of personal involvement of the coauthors (competitors) in taken into account activities (Ћƒ) is allowed:
 
 
 

[

Ё√ Ч Current Annual effect, in нац. ед.   ’ Scalar of progressive progressing (—ѕ–)

’

“ Ч Term of usage of achievement: computational Ч Term of an obsolescence “– or Term of actual usage Ч “‘

’

In Ч Odds of usage of a potential. If the actual effect, ¬=1 is calculated

:

Joint venture Ч среднемирова¤ the productivity(output) Ч annual среднемировой ¬Ќѕ in calculation on one inhabitant of the Earth Ч is adopted equal 4700 USD *, 2,1 х 10 7 руб annually (1996г).

] ’

Ћƒ Ч Personal fraction of each competitor in creation and operation of achievement

Potential ѕ = Ё√ Ј “ Ј In

Relative potential On = ѕ/joint venture, rank R=lgѕо

Personal rank Rл

Intеrnationale Wirtschhafts Zahlen, 1995, Institut der deutscher Wirtschaft, Koln, 1995, s.2

So, the annual effect Ё√ is determined by the forward(straight) score of saving Ёк OR calculation through a Scale of production and Performance Ч if available improvement of the quality and simultaneously variation of the costs Ч the Table Ё√; the guidelines on separate kinds(views) of activity are given in the Table Ё√ƒ.

Scalar of progressive progressing —ѕ– Ч a fraction of production, effect, product having progressive value for progressing of company and conservation of the nature, for activating human forces challenging негаэнтропийные a phenomena, giving forward(straight) or indirect prescriptions of self-perfecting of the person Ч physical, moral and spiritual, lighting a path to self-implementation of the person. Is determined by expert methods ground of analysis real and (or) potential (anticipated) outcomes of usage of valued achievement.

Term of usage of achievement (“) Ч anticipated prospects “– or actual time “‘ of an effective utilization of achievement. “‘ is determined ground of documentary data. “– is determined ground of objective performances of initial performance of achievement and his(its) creative level (Table –).

The odds of usage of a potential (¬) depends on a level разработанности (proof) of achievement (Table –). For actual effect (realised potential) ¬=1.

Personal rank are determined according to the items of information from the coauthors about a Personal fraction after the coordination with the actual chiefs (if necessary Ч with engaging of the third person). The guidelines on definition of a Personal rank are given in the Table –Ћ.
The tables and Appendices are not resulted.

Is introduced by the deputies √осдумы........ Under the initiative and by results of primary development of expert Council on social safety and social progressing (arms. Ѕ.ј. ћ»Ќ»Ќ) Ч Committee on safety √ƒ —‘ Russian Federation.
 

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, order of creation and operation of a System of social safety and social progressing of country.

Creation of a System of social safety and social progressing, ——Ѕ– (further: the system of social progressing) includes:

Activating of social activity already of existing state, parliamentary bodies(organs), institutions of local government and diverse already of operating entitiess within the limits of their authorities for acceleration of social progressing of country,

Creation of a network(grid) managing and actuators of social progressing on the basis of a network(grid) already of operating and again created entitiess,

Creation of the applicable federal and domestic legislation directed on acceleration of social progressing of Russian Federation.

Activating of a creative potential of the population on supply of social safety and acceleration of social progressing of Russian Federation,

Primary goals of a System of social progressing are:

Detection and rating of the centers potential social perils, conflict situations, looking up and rating of potential spares of rise of social safety,

Looking up both rating of facilitiess and methods of acceleration of social progressing,

Development and creation of facilitiess of applying of material and moral encouraging for accelerated social progressing and material sanctions for plotted social damage,

Definition of social performance of the projects, programs (including electoral programmes of the candidates) 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.
 
 

... Article 3. Philosophys of supply of social safety and social progressing

1.   At definition of social safety and social progressing such social factors, phenomenon, operating (further are subject to the registration: social factors), as:

Effect of the physical factors: radio waves, radioactive contamination, noise, dust etc.;

Material, psychological, временны'е and diverse overloads of the person, company;

Negative effect through all sense organs of the person, including audio, gustatory, visual, olfactory, as a whole on physical and mental condition of the person over the established sanitary - epidemiological official and public norms(standards) Ч of a social background;

Delay of treatment, aggravation of illness, including because of an ineffective and incorrect direction of treatment, непредоставлени¤ by treating entities of the information ill or his(its) cognates, other treating entities etc.

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.);

Brutal treatment with animals, including with wild;

Physical and psychological effect per capita, sanitary - epidemiological impurity and деэстетизаци¤ of territory by the domestic animals;

Negative informational - psychological effects, including through cognitive, musical and diverse a body of a 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);

Fraud of the seller and buyer;

Delay of patenting and 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;

Rise of threat to life, health, property and personal contributions,

Loss of the family provider, other negative factors, foreseen √  Russian Federation,

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, оболванивание, forfeiting of the people of the right to decide the destiny in a measure of the capacities and, on the contrary,

Own licentiousness, идиотизацию of the people,

Forfeiting of a faith in the future, in a character, in idols, in the resisted inclinings without adequate substitution and (or) psychological indemnification(compensation),

Peaking of feeling of aimlessness of existence, ненужности for itself, for family or company,

Infringement of feeling of own advantage,

Social instability, tension and social failures(stalls) in company,

Spiritual, social and biological degradation of the person,

Spiritual and spiritual spiritual bankruptcy.

2. The effect from measures on social progressing is the basis(fundamentals) for material and moral encouraging of the participants of their creation and implementation indispensable and sufficient for encouraging and prolongation for socially useful activity.

3. The damage plotted at violation(disturbance) of the norms(standards) and the standards, is subject to indemnification(compensation): official Ч unconditionally, public Ч after the applicable judical inquiries.

4. The solution on indemnification(compensation) of damage the court bears ground of data obtained by him(it) from bodies(organs) of social progressing.

5. Indemnification(compensation) of any damage marked as a result of wrongful act or sleeping by one person (persons) to other person (persons), should be made:

In the material (cost) form(shape);

In a full volume with allowance for of coefficient of complementary upbuilding of fault;

Irrespective of age, property and official rule(situation,position), place of stay both residence наносител¤ 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 lacks of education, self-education, incompetence of nature причинител¤ or his(its) illnesses Ч physical or mental;

In case of wrongful acts Ч by the offender, in case of an imperfection of the new legislation (gated in after acceptance of the given law) Ч   accountable for his(its) development and introducing;

In case the offender is not established within a month, Ч by the state.

In case of implementation of an innovation Ч by the natural persons involved in his(its) creation, development, financing and implementation;

If наносителей of damage two or more Ч that in fractions of involvement, for example, proportionally personal fractions of made repayment or available arrangement on section of the profit.

6. 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) diverse measure to secure the appearance, if physical, mental and diverse features of the offender will not demand his(its) isolation(insulation) of company.

The article 19. Features of definition of damage on facilitiess and forms(shapes) of detrimenting

1. At the registration of braking of 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 drop of capacity for work and 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) is valued and thus of the skip by a customer better and cheaper commodity; damage from moral and psychological overloads of customers of advertising and third persons owing to applying durable, cumbersome kinds(views) of advertising, not aesthetic, immoral and diverse look-alike representational facilitiess, from discontinuing a body and radio transmissions etc.

4. At delay of legal proceedings, false arrest and concluding under the sentinels over the normatively established (nominal) term for want of good causes the damage from corporal hurts, discontinuings of labor or educational activity, moral damage for the suspect and his(its) close etc. is allowed At delay under the sentinels of the persons under duress over terms indispensable for indemnification(compensation) of damage, persons guilty of it, pay applicable material and moral damage for the benefit of damaged.

5. At the costs of time and facilitiess for mandatory visiting of state institutions (judicial, tax, ќ¬»– etc.) over permissible the costs of time of trip and servicing, sequential queues and psychological overloads because of dialogue with the disinterested persons are allowed. The damage should be paid guilty ground of average data (about mean endurance and cost of trip of the 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.

  the damage from negative effect of following social factors should be similarly determined:

Production and implementation of psychotropic and drug matters,   alcoholic facilitiess Ч the damage from a rise in crime, degradation of the person and company is allowed...;

The cultivation and contents of the domestic animals Ч is allowed heightened risk of deposition of physical and mental traumas, distribution(propagation) of taints, деэстетизации of territory and accordingly material, moral, временно'й, sanitary - epidemiological and diverse damage;

The smoking in the public places Ч is allowed damage for ambient from exceeding concentration of toxic substances above ѕƒ  (or ќƒ ) and moral damage;

Usage of radiotelephones Ч is allowed a physical (radiowave) pollution of the environment;

Usage of transportation facilitiess Ч is allowed 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, infill of free space by parking, at stops, around of apartment houses, costs of time of waiting by the pedestrians for transition of streets, деэстетизаци¤ of territory, mean odds of mutilations, fatal cases etc.

In-leak(influx) of the refugees and settlers in the populated regions Ч the reallocating social and free goods to the detriment of to local population, moral damage for indigenous population is allowed in case of the reduced cultural level of the settlers, not aesthetic from the point of view of indigenous population of national customs, material losses from increase of cases of rip-off and other crimes etc.;

The artificial termination of activity Ч damage (effect) is determined as a differential of an annual volume of interrupted activity and damage, plotted by her(it) multiplied for the term of an obsolescence;

The distorting or непредоставление to company of the information, transferred(handed) in MASS-MEDIA, or reduction(abbreviation) by its(her) facilitiess of MASS-MEDIA without the consent of the writers, документалистов and participants of events Ч is allowed public usefulness of the distorted or not transferred(not handed) information;

The submission(representation) by mass media insipid and противообщественных of materials, attitude of the spectator and reader on education бездуховности, stimulation of low concerns Ч is allowed material and moral damage to company from drop of culture, quality of a gene pool and according to labour productivity, social safety etc.;

The maiming, offences, assassination общественно of the recognized persons Ч is allowed personal, material, physical, moral and mainly huge public moral damage;

The introducing as the mandatory 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 Ч is allowed a direct damage from selection of the non-optimum concept and complementary costs of perception both comprehension of the not spent texts and usage переусложненных of design formulas, all this in comparison with known on the moment of the statement(confirmation) of the statutory act by the solutions;

Conservatism in science and on production, defect because of невоспри¤ти¤ of more useful novelties in all orbs of a social production, including medicine, city designing and building, the technological and organizational activities, production activity of MASS-MEDIA, administrative and any other activity Ч are allowed overlooked effect for company (material, psychological, временно'й and diverse) owing to нереализации of the disclaimed proposals;

The violation and ineffective fulfilment of pre-election pledges and responsibilitiess, official duties and contracts Ч is allowed damage in comparison with a nominal end result;

The selection(sampling) ineffective in comparison with known on the given time in the given place (locale) of innovations and realization of socially ineffective measures, including incorrect treatment Ч is allowed forward(straight) material and moral damage;

Non-optimum operatings during taming forces majeure;

Encumbrance to extensions(issues) and implementations of commodity of heightened quality both safety and preference by less qualitative and ecologically of less clean commodity.