Independent Deputy Mandate: Pro and Contra

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктор Черепанов ◽  
Viktor Cherepanov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Obligation ◽  
Active Centre ◽  
Legal Relation ◽  
The People ◽  
Legal Nature ◽  
The Russian Federation

The article considers some positive features of the independent deputy mandate conception and notes some of its shortcomings. For the purpose of analysis of the legal nature of a deputy mandate, the author considers it necessary to identify three interconnected legal relations where a deputy has different legal statuses and different rights, obligations and responsibilities. In a lasting legal relation with the electorate the deputy acts as their representative, in the legal relation with the party that has nominated him, he is a representative of this party, and in the legal relation with the people of the Russian Federation (their portion) he is a representative of these people (their portion) who should express their will in the adopted decisions as part of the relevant representative body. There are some imperative elements in the lasting electoral legal relations, but in his relations with the people of the Russian Federation (their portion) there prevail some features of the independent mandate. According to the author, all these legal relations are active pattern relations whose active centre is in the deputy’s obligations directly related to the interests of the representees and their relevant right to demand to observe them and bring the deputy to responsibility when these obligations are not performed. These features of a deputy mandate suggest a binding, imperative model of legal regulation at the heart of which there should be legal obligation and subsequent legal responsibility. At the present time, based on the prevailing interpretation of the independent mandate, in order to regulate the deputy’s constitutional-legal status, another permissible, dispositive model of legal regulation is applied, that allows for the deputy to act at his discretion. In this context the article justifies the necessity of the Russian federal legislation improvement by reinforcement of certain elements of a deputy mandate’s mandatory nature, laying down his obligations and responsibility including a recall as a form of pure democracy.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

scholarly journals CONSTITUTIONAL AND LEGAL RESPONSIBILITY BINDING FEDERAL EXECUTIVE AUTHORITY OFFICIALS IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 7 (6) ◽  
pp. 102-106
Author(s):  
Azat Albertovich Gafurov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Executive Authority ◽  
Legislative Regulation ◽  
Teachers And Students ◽  
The Status ◽  
The Russian Federation

Purpose of the study: The article analyzes constitutional and legal responsibility binding federal executive authority officials of the Russian Federation: federal ministers, heads of federal services and agencies. Special attention is paid to features of entrenching responsibility of the specified persons in the Russian legislation. Methodology: On the basis of such an analysis, on the example of the legislation of the Russian Federation, authors investigate problematic aspects of legal regulation and responsibility. The authors raise the questions connected with the lack of specific entrenchment of the legal status born by officials. Presently it remains unclear whether equating the constitutional legal status of the federal services and agencies officials with the status of the federal ministers and identification of responsibility is guaranteed. Results: Authors formulate a conclusion that constitutional and legal responsibility of federal executive authority officials is a voluminous yet scarcely studied legal phenomenon that does not possess sufficient legislative regulation. Applications of this study: This research can be used for the universities, teachers, and students. Novelty/Originality of this study: In this research, the model of the Constitutional and legal responsibility binding federal executive authority officials in the Russian Federation is presented in a comprehensive and complete manner.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

Organizational and Legal Peculiarities of Operations of Regional Control and Accounts Authorities of Russia — Members of the European Organization of Regional Institutions of External Public Finance Audit: On the Efficiency of Membership in EURORAI

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 3-9
Author(s):  
Igor B. Lagutin ◽  
Keyword(s):  
Public Finance ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
External Control ◽  
European Organization ◽  
Regional Institutions ◽  
Regional Control ◽  
The Russian Federation

This article is devoted to the study of the characteristics of the organization, activities and legal regulation of the European Organization of Regional External Public Finance Audit Institutions (EURORAI). The role of EURORAI in the development of Russian legislation governing the organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities is analyzed. The article studies the structure, powers and composition of participants in the European Organization of Regional External Public Finance Audit Institutions (EURORAI). Separately, the article considers the issue of legal support for the organization and activities of the European Organization of regional bodies of external control of public finances, as well as its international legal status. The article concludes that the effectiveness of the interaction between the control and accounting bodies — members of EURORAI, is at a low level and practically does not have any effect on the activities of the control and accounting bodies of the constituent entities of the Russian Federation, and is more important for improving its legal status in the regional level.

CONSTITUTIONAL RESPONSIBILITY DETERMINATION AS A LEGAL RESPONSIBILITY TYPE: ON THE ISSUE STATEMENT

2018 ◽  
pp. 133-140
Author(s):  
N.E. Sadokhina
Keyword(s):  
Russian Federation ◽  
Special Kind ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legislative Changes ◽  
The Stability

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.

Energy supply and energy efficiency: current issues of legal regulation

2020 ◽  
Author(s):  
Venera Shaydullina ◽  
Margarita Ruchkina ◽  
Natal'ya Zalyubovskaya ◽  
Aleksey Barkov ◽  
Lapina None ◽  
...  
Keyword(s):  
Energy Efficiency ◽  
Energy Conservation ◽  
Russian Federation ◽  
Energy Supply ◽  
Legal Regulation ◽  
Energy Sector ◽  
Energy Market ◽  
Legal Nature ◽  
The Russian Federation ◽  
Practical Recommendations

The monograph is devoted to the development of practical recommendations of an institutional and legal nature aimed at improving the energy efficiency of the energy sector of the economy in the conditions of digitalization and economic restrictions. It contains scientific and practical proposals aimed at developing the activities of economic entities of the Russian energy market, energy infrastructure, and focuses on the problems of the state of the Russian energy sector, strategic planning and legal regulation of activities aimed at energy conservation and energy efficiency in the Russian Federation. It is intended for teachers, students and anyone interested in energy supply and energy efficiency.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

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