scholarly journals Public-and-private partnership development under conditions of the imperfect legal regulation

2019 ◽  
Vol 110 ◽  
pp. 02162
Author(s):  
Irina Polyakova ◽  
Elena Vasilyeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Private Partnership ◽  
Partnership Development ◽  
Private Investments ◽  
Legislative Regulation ◽  
The Russian Federation

The objective of this research is to consider some controversial issues of the development of public-and-private partnership (and concession agreements as its most common form) in Russia. Some complaints made by arising from Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The authors studied dynamics of private investments into infrastructure projects in the conditions of imperfect legal regulation. The assessment of the validity of the position of Federal Antimonopoly Service is given. It is predicted whether the legislative collisions will prevent the growth of private investments into infrastructure. Recommendations on the development of the mechanism of public-and-private partnership with the observance of antimonopoly regulation, as well as recommendation on the improvement of the legislation in this area are developed. The results of the research can be used by both private participants of public-and-private partnership and the federal, regional and municipal authorities, and also by legislators working on the improvement of the legislative regulation in this area.

Use of the public-and-private partnership agreements in the conditions of imperfection of legal regulations in the Russian Federation

2021 ◽  
pp. 55-62
Author(s):  
I. S. Polyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Investments ◽  
The Russian Federation

The objective of this research is to consider some controversial issues of the development of public-and-private partnership (and concession agreements as its most common form) in Russia. Some complaints made by Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The author studied dynamics of private investments into infrastructure projects in the conditions of imperfect legal regulation. The assessment of the validity of the position of Federal Antimonopoly Service is given. It is predicted whether the legislative collisions will prevent the growth of private investments into infrastructure. Recommendations on the development of the mechanism of public-and-private partnership with the observance of antimonopoly regulation, as well as recommendation on the improvement of the legislation in this area are developed. The results of the research can be used by both private participants of public-and-private partnership and the federal, regional and municipal authorities, and also by legislators working on the improvement of the legislative regulation in this area.

On the issue of public and private interest in the institute of public private partnership

2019 ◽  
pp. 346-353
Author(s):  
Savina Anna Vladimirovna
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Institutional Environment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Quality Level ◽  
Private Interest ◽  
Public And Private ◽  
Private Partnership ◽  
The Russian Federation

We consider some issues of correlation between the theory of public law and civil law in the aspect of legal regulation of relations in the sphere of public private partnership. We analyze the definition of the concept of the agreement on public private partnership, we comprehend the issues of interaction and legal status of the participant of public private partnership, on the basis of the analysis of certain normative-legal acts of the subjects of the Russian Federation and their comparison with the budget legislation, we draw conclusions about the public nature of agreements in the field of public private partnership. We illustrate statistical information on the development of public private partnership in the subjects of the Russian Federation, identify a number of factors that determine the positive effect of interaction between the participants of public private partnership, to which we refers to the development of the institutional environment in the field of public private partnership, the quality level of legal support, improving the experience of implementing public private partnership projects. It is stated that the development of the Institute of public private partnership is essential for the economy of the country as a whole and for regions and municipalities in particular. At the same time, it is impossible to conclude public agreements without the will of the state represented by the relevant authorities. In addition, mentioning the role of private interest, it is noted that in the case of the subjects of the Russian Federation, private partners enter into relations enshrined in the laws of the subjects of the Russian Federation, where the possible forms of participation of the subject in public private partnership are clearly defined, which in a sense limits the freedom of private partners.

scholarly journals Features of the labor organization of persons sentenced to compulsory and correctional labor

2019 ◽  
Vol 13 (1) ◽  
pp. 59-63
Author(s):  
S. N. Kondratovskaya ◽  
◽  
E. V. Valkova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Penal Code ◽  
Controversial Issues ◽  
Labor Organization ◽  
National Legislation ◽  
Labor Legislation ◽  
The Russian Federation

The article covers controversial issues of legal regulation of labor of persons sentenced to compulsory and corrective labor. On the basis of an analysis of the norms of national legislation a conclusion was made on the priority of the norms of the Penal Code of the Russian Federation over the norms of labor legislation in the regulation of labor of convicts.

scholarly journals Grounds for Canceling Seizure in Pre-Trial Criminal Proceedings

2020 ◽  
pp. 228-233
Author(s):  
Boris B. Bulatov ◽  
◽  
Alexander S. Dezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Public And Private ◽  
Private Interests ◽  
Procedure Code ◽  
Civil Lawsuits ◽  
The Russian Federation

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

Problems of Legal Regulation of Subsoil Use in Modern Russia

2020 ◽  
pp. 60-65
Author(s):  
E. V. Voskresenskaya ◽  
N. N. Zhilskiy ◽  
E. A. Sharyapova
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Russian Federation ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Resource Base ◽  
Russian Economy ◽  
Russian State ◽  
The Russian Federation ◽  
Mineral Reserves

The article deals with public relations that affect controversial issues of subsoil use. The relevance of the topic is not in doubt, since article 9, paragraph 1 of the Constitution of the Russian Federation [1] defines that land and other natural resources are used and protected in the Russian Federation as the basis of life and activities of peoples living in the relevant territory. Among natural resources, a special place is occupied by subsoil resources, as they have a large amount of very valuable properties. In the modern Russian economy, the problem of effective subsoil use, which is associated with the need for advanced reconstruction of the mineral resource base and replenishment of strategic mineral reserves, should be one of the most important priorities of Russian state policy.

scholarly journals FEATURES OF CONCLUDING A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT IN THE FIELD OF ENVIRONMENTAL PROTECTION AND INVESTMENT ATTRACTIVENESS OF THE ENVIRONMENTAL SECTOR FOR PRIVATE PARTNERS

2019 ◽  
Vol 29 (6) ◽  
pp. 794-800
Author(s):  
A.A. Babich
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Private Partnerships ◽  
Federal Law ◽  
Private Partnership ◽  
The Russian Federation ◽  
Partnership Agreement ◽  
The Moment ◽  
State Of Affairs

The article discusses the problems of legal regulation of public-private partnerships in the field of environmental protection, the procedures for concluding an agreement on public-private partnerships in the framework of Federal Law dated 13.07.2015 No. 224-ФЗ On Public-Private Partnerships, Municipal-Private Partnerships in the Russian Federation and amending certain legislative acts of the Russian Federation”, as well as increasing the investment attractiveness of the environmental protection sphere for private partners. The relevance of this topic is due to the fact that at the moment both projects aimed at protecting the environment and projects in other sectors of the economy are implemented mainly within the framework of concession legislation, and the norms of specialized legislation remain unclaimed by the participants of these relations. According to the author, the reasons for this state of affairs are, inter alia, the problems considered in the article. The findings of the study can be used to build a model of legal regulation of public-private partnerships in the field of environmental protection, as well as to formulate scientifically based proposals for improving legislation. In addition, the investment attractiveness of the environmental sector for private partners is also an economic topic, therefore, it is of interest to study by economists, whose research and proposals in this area will be important for the legal community.

scholarly journals SOME ISSUES OF THE ESTABLISHMENT OF LEGAL CONDITIONS FOR THE USE OF ARTIFICIAL INTELLIGENCE, ROBOTS AND OBJECTS OF ROBOTICS

Banking law ◽  
2020 ◽  
Vol 5 ◽  
pp. 7-19
Author(s):  
Gulnara F. Ruchkina ◽  
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
And Robotics

Some results of research on the theory of legal regulation of artificial intelligence, robots and robotics objects in the Russian Federation are outline. The experience of legislative regulation of the concept of «artificial intelligence» is present. The main foreign and domestic works of scientists devoted to the problems of artificial intelligence and robotics, learning normative legal acts regulating this sphere, are summarize. The most important aspects of the formation of legal conditions for artificial intelligence, robots and robotics objects, including in banking, are highlight.

On Trends in Infrastructure Development Using the Public-Private Partnership Mechanism in the G20 Countries

2021 ◽  
Vol 26 (11) ◽  
pp. 1271-1277
Author(s):  
A. A. Shiyan
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Public Private Partnership ◽  
Infrastructure Development ◽  
Infrastructure Projects ◽  
Russian Market ◽  
Private Partnership ◽  
The Public ◽  
Project Model ◽  
The Russian Federation

Aim. The presented study aims to examine project initiatives and proposals for improving funding mechanisms for infrastructure projects based on public-private partnership in the Russian Federation.Tasks. The authors consider approaches and project initiatives of the G20 countries pertaining to the implementation of public-private partnership projects in the context of the adaptation of infrastructure projects to the Russian market (for the purpose of improving the quality and efficiency of the implementation of infrastructure projects in the Russian market).Methods. The methodological basis of this study includes works of Russian and foreign researchers in the field of public-private partnership and project financing. The authors use methods of scientific research (expert and comparative analysis, grouping and generalization) selected in accordance with the goals and objectives of the study as well as information publicly available on the official websites of the ROSINFRA platform and the Ministry of Economic Development of the Russian Federation.Results. Comparative analysis of foreign and national practices in the public-private partnership market makes it possible to identify a number of potential initiatives, including a new approach to the examination of infrastructure projects and proposals for attracting additional investment resources to the public-private partnership market. Adaptation of foreign competencies to the Russian public private partnership market will drive the transformation of the current PPP project model in Russia.Conclusions. Analysis of methods used by the G20 to assess and implement infrastructure projects based on public-private partnership makes it possible to formulate potential initiatives and proposals for improving approaches to the implementation of infrastructure projects based on public-private partnership in the Russian market and to determine the development vector for the national infrastructure project model.

Sign in / Sign up

Export Citation Format

Share Document