The article analyzes the changes in legal regulation and the implementation of state control (supervision) in the field of education, associated with the transition to the use of a risk-oriented approach. Based on the fact that control and supervision activities are carried out, among other things, through the prevention of violations, the authors believe that assessment of factors and conditions that create a risk of violations of mandatory requirements should be carried out within preventive measures too. The Law on Education integrates accreditation monitoring into the system of state control (supervision) in the field of education. Based on this feature of the state regulation of educational activities, the authors note the potential for application of a risk-oriented approach in the field of education and come to the conclusion that not only the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values, but the risk-oriented approach should also be used in identification of monitoring indicators and requirements addressed to educational organizations in order to ensure monitoring of the education system. As an separate problem the authors indicate the proportionality of measures applied to controlled persons on the basis of the risks of harm to protected values in the field of education. The article also draws attention to the fact that the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values. In this regard the importance of an expert assessment of mandatory requirements in the field of education is noted.
High occupational risk of damage to the health of medical workers requires the adoption of special measures for social protection. Such measures in the form of a one-time insurance payment were provided for by the Decree of the President of the Russian Federation No. 313, adopted in the midst of a new coronavirus infection COVID-19. During the implementation of the provisions of this Decree, law enforcement officers faced a number of problems caused by both the complexity of regulated relations and imperfection of the text of the regulatory legal act itself. Such problems include the lack of clear legal regulation of ways to establish the connection of a medical worker’s illness with direct contact with a patient suffering from COVID-19, or with suspicion of this disease, the difficulty of establishing a connection be-tween the performance of work duties with the fact of infection, insufficient specification of the circle of subjects entitled to this payment, a complex procedure, etc. Since the Decree is temporary, it is advisable to identify these problems and find ways to eliminate them before relevant federal law is adopted. In this regard, it is necessary to analyze emerging judicial prac-tice, which is the aim of this article. The analysis reveals what exactly the courts accept as evi-dence of the professional cause of infection of doctors and how they distinguish between the industrial and domestic cause of infection; how is the impossibility of applying the provisions of the Decree to persons not included in the circle of insured persons specified in it justified; what can be considered as such violations of the procedure that entail the cancellation of the decision of the commission of inquiry, etc. On this basis, conclusions are drawn that will help to avoid mistakes when adopting the federal law on insurance of medical workers.
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