scholarly journals Legal bases, conditions, imperatives and restrictions of public financing of professional sports sphere: foreign experience

2015 ◽  
Vol 3 (5) ◽  
pp. 244-252
Author(s):  
Игорь Понкин ◽  
Igor Ponkin ◽  
Алена Понкина ◽  
Alena Ponkina
Keyword(s):  
Financial Support ◽  
Professional Sports ◽  
Legal Regulation ◽  
Professional Sport ◽  
Public Financing ◽  
Public Authorities ◽  
The Public ◽  
Foreign Experience ◽  
The Many

The article investigates legal possibilities, conditions and limits of public financial support of professional sport. The authors present examples of enshrined in foreign laws guarantees and restrictions of public financial support of professional sport. The article provides an overview of the experience of Austria, Canada, Spain, Mexico, Poland, Portugal, Finland, Chile, Switzerland (Switzerland - at both the federal and regional levels) - on the grounds of legal regulation and limits of state financial support to professional sports. The article concluded that the analysis of the experience of other countries highlights the many challenges faced by the public authorities in dealing with the financial support of professional sports, including the problems that put the question at all about the feasibility of such financial support.

Displaying Race for Dollars: Racial Realism in Media and Entertainment

2013 ◽  
Author(s):  
John D. Skrentny
Keyword(s):  
Civil Rights ◽  
First Amendment ◽  
Professional Sports ◽  
The Other ◽  
Public Financing ◽  
Sports Teams ◽  
The Public ◽  
Television Shows ◽  
Employment Sector ◽  
Racial Realism

This chapter explores racial realism in the advertising and entertainment industries (movies, TV, and professional sports). These cases are distinctive because they are almost totally focused on racial signaling—the image of the worker is very much the product that the employers are selling. Racial signaling is thus common in all of them, though rarer in sports than the other sectors, especially in the last few decades. Hence, the chapter shows that civil rights law does not authorize these practices. It also examines the possibility that television shows' dependence on use of federally regulated airwaves, and sports teams' dependence on the public financing of stadiums might provide legal openings for racial realism in these sectors. Since this employment sector is about expression, this chapter also explores possible First Amendment defenses for these employers, and shows that at least one court has found a constitutionally protected freedom to discriminate.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals Ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation

2020 ◽  
Vol 77 (2) ◽  
pp. 46-80
Author(s):  
А. М. Чорна
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
Low Level ◽  
State Tax ◽  
Business Entities ◽  
High Level ◽  
Legal Mechanism ◽  
Constructive Interaction

The author of the article, based on the analysis of scientific views of scholars and current legislation of Ukraine, elaborates the ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation. It is substantiated that the objective prerequisites for improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation are: 1) low level of trust of entrepreneurs in the tax service; 2) high level of corruption in the agencies of the State Tax Service; 3) imperfect mechanism of legal regulation of tax advice; 4) low level of quality and efficiency of functioning of administrative and legal mechanism of ensuring the rights and lawful interests of business entities as taxpayers, etc. It was stated that the first step towards improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation should be the improvement of the relevant administrative legislation. The expediency of improving the organizational structure of the State Tax Service is substantiated. Emphasis was placed on the need to improve the interaction of the State Tax Service with other public authorities and the public on ensuring the rights of business entities in the field of taxation. It is noted that the deep and constructive interaction of the State Tax Service of Ukraine with other public authorities and the public is undoubtedly an important guarantee of high quality and efficiency for ensuring the rights of business entities.

scholarly journals The nature of fee charged for provision of public services

2018 ◽  
Vol 2 (4) ◽  
pp. 68-85
Author(s):  
M. Khoroshaylova
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Future Research ◽  
Constitutional Court ◽  
Public Authorities ◽  
Scientific Methods ◽  
The Public ◽  
Legal Method ◽  
General Scientific ◽  
The Government

The subject. This paper is devoted to the study of the legal nature of fees charged by the public authorities for the provision of public services.The main aim of the paper is to substantiate the answer on the question is this fee a price or a fiscal charge?The methodology of the study includes general scientific methods (analysis, synthesis, description) as well as particular academic methods (formal-legal method, interpretation of legal acts). The decisions of Russian Constitutional Court are also analyzed.The main results and scope of their application. The article focuses on analysis of the features and functions of the government, ratio of functions of the government and functions of the public authorities, their powers. State power is exercised by bodies of state power or specially authorized entities on behalf of the state and in the public interest. It excludes the exchange nature of the relations when these bodies and entities implement state power. The nature of the establishment and collection of the fee excludes the equivalence between the size of fee and the size of collection costs of the authorized entity. Therefore, there is no equivalence in the relations on payment of the fee, and therefore the fee has no compensatory character. In turn, the nature of the actions performed by the authorized entity on behalf of and in the interests of the public legal entity, excludes their absolute determi-nation by actions of the payer of the fee. The results of research may become a crucial point for future research of legal regulation of fees.Conclusions. If a public authority carries out activities related to implementation of governmental and authoritative powers, the fee is based on public law. If an activity can not be associated with implementation of governmental and authoritative powers, the fee can be subject to civil law regulation.

scholarly journals Topical issues of legal regulation of artificial intelligence in the implementation of state and municipal service in the Russian Federation

2021 ◽  
Vol 27 (2) ◽  
pp. 160-163
Author(s):  
Ivan N. Melnikov ◽  
Ivan A. Samakov
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Municipal Service ◽  
The Public ◽  
Intelligence System ◽  
Artificial Intelligence Technology ◽  
The Russian Federation

This paper discusses the current issues of legal regulation in the field of artificial intelligence in the state and municipal service in the Russian Federation in order to ensure and protect the rights and freedoms of man and citizen. The article highlights the current problems that arise in the implementation of certain state functions, such as – the work of state bodies with citizens' appeals and the lack of regulatory regulation of the use of artificial intelligence technology in this process, the use of which will contribute to meeting the deadlines for working with citizens' appeals, as well as increase the overall level of quality of interaction between citizens and public authorities. Specific measures are proposed for the development of legislation in order to introduce artificial intelligence in solving the problems facing the public authorities. The article formulates the main conclusion regarding the trend of using the artificial intelligence system in the issue under consideration.

scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

scholarly journals Peculiarities of the Public Administration System in the Russian Federation and Its Impact on the Development of Administrative Law

2021 ◽  
Vol 8 ◽  
pp. 29-34
Author(s):  
Pavel E. Spiridonov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Specific System ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation ◽  
State Organizations

The introduction of the terms “public power”, “public administration bodies” in official documents marked the beginning of the resumption of discussions on the peculiarities of legal relations that are included in the subject of the legal regulation of administrative law. The work attempts to analyze the terms “public authorities” and “public administration bodies”, their relationship with each other. In the Russian Federation, a specific system of government with decentralization elements has begun to take shape. Such a system includes, in addition to traditional state authorities, specially created state bodies that are entrusted with the functions of organization and coordination, public authorities in federal territories, state and non-state organizations that are delegated public power.

scholarly journals TRANSPARENCY OF PUBLIC AUTHORITIES OF THE REPUBLIC OF CRIMEA IN THE CONDITIONS OF THE INFORMATION-ORIENTED SOCIETY

2020 ◽  
pp. 57-74
Author(s):  
Vladimir T. Kabyshev ◽  
◽  
Tamara V. Zametina ◽  
Elena V. Kombarova ◽  
◽  
...  
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Local Governments ◽  
Liberal Arts ◽  
Legal Regulation ◽  
Public Authorities ◽  
The Public ◽  
The Russian Federation ◽  
The Republic ◽  
State And Local

The problems of transparency as an economic, social, political and legal phenomenon attract the attention of scientists in various fields of liberal arts - economics, sociology, political science, and jurisprudence. In this article, the authors are primarily interested in legal and political aspects of this phenomenon, since the current Constitution of the country pays considerable attention to the issues of democratic organization of power and the institutions of participation of citizens in the management of state affairs. Describing the real state of transparency in the public authorities of the Republic of Crimea, both static (institutional, organizational) and dynamic (functional, procedural) aspects of this phenomenon are taken into account. The current Constitution of the Russian Federation 1993 does not have the concept of "transparency". The analysis of Russian legislation shows that the principle of transparency, even without being enshrined at the highest constitutional level, has been adequately reflected in federal laws and other regulations. Legislatively enshrined transparency, openness, publicity, accessibility of information together create a regime of transparency of the activities of the three branches of state and local government, ensure the access of citizens to information and determine the forms of interaction and cooperation of citizens and power institutions in this area. The authors emphasize that the principle of transparency plays an important role in the system of principles of the organization and functioning of the public authorities of the modern democratic state. Its further legislative development will promote the confidence of citizens in public authorities, establish the dialogue between the state and civil society, and strengthen anti-corruption measures. Legal regulation of openness, publicity, accessibility of information about the activities of public authorities is carried out within the framework of several legislative acts ("On the media," "On ensuring access to information on the activities of state and local governments" and others). It seems appropriate not only to generalize these norms but also to include other ones developing this institution within the framework of a single federal law on the transparency of state authorities in the Russian Federation. The authors believe that we need the measures to improve the effectiveness of the institu-tion of transparency, including, for example, the consolidation of criteria (indicators) of trans-parency of public authorities The study of the principle of transparency of public authorities in the Republic of Crimea shows that the new subjects of the Federation have created legal and organizational conditions for the implementation of the principle of transparency. Though, there are some problems including the lack of developed and accessible telecommunication infrastructure, the orienta-tion of the Crimean providers to Ukraine, formalism in the consideration of citizens' appeals, not always prompt and objective information about the activities of the authorities of the new subjects of the Russian Federation, the need to ensure information security, the development of cooperation between Crimean and foreign organizations in the field of information and communication technologies.

LEGAL REGULATION OF PUBLIC CONTROL OVER RIGHTSENFORCEM ENTAS WELL AS LEGITIMATE INTERESTS OF PERSONS IN PENAL INSTITUTIONS

2020 ◽  
pp. 43-52
Author(s):  
Евгений Николаевич Зиньков
Keyword(s):  
Civil Rights ◽  
Mass Media ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Public ◽  
Control Functions ◽  
The Russian Federation ◽  
The Right

В настоящей статье рассматривается процедура правовой регламентации общественного контроля, который предоставляет возможность открыто и доступно осуществлять наблюдение за деятельностью органов государственной власти. В ст. 1 Конституции Российской Федерации отмечается, что Россия - правовое государство, следовательно, обеспечение и защита прав и свобод человека и гражданина является высшей ценностью. Сам общественный контроль, как правило, является отдельной частью и не входит в систему контрольной власти государства, он реализуется, прежде всего, путем самоорганизации граждан. На сегодняшний день в России существует множество нормативных документов, регламентирующих деятельность общественных объединений. В Российской Федерации лица, находящиеся в местах изоляции от общества (подозреваемые, обвиняемые и осужденные), обладают всем комплексом прав, что и другие граждане нашего государства, за исключением тех ограничений, которые были установлены приговором суда и федеральными законами. Ст. 32 Конституции РФ наделяет граждан правом участия в управлении некоторых государственных дел, что и позволяет общественности осуществлять контрольные функции. Однако далеко не все общественные объединения обладают полномочиями по детальному изучению той или иной сферы государственной деятельности, к примеру, средства массовой информации (далее - СМИ) имеют возможность лишь поверхностно осветить деятельность конкретного объекта внимания. Однако это тоже является неким способом общественного контроля, так как позволяет общественности получить определенную информацию об изучаемом феномене. This article discusses the procedure for legal regulation of public control, which provides an opportunity to openly and easily monitor the activities of public authorities. Article 1 of the Constitution of the Russian Federation States that Russia is a legal state, therefore, ensuring and protecting human and civil rights and freedoms is the highest value. Public control itself, as a rule, is a separate part and is not included in the system of control power of the state, it is implemented primarily by self-organization of citizens. Today, in Russia there are many regulatory documents regulating the activities of public associations. In the Russian Federation, persons who are in places of isolation from society (suspects, accused and convicted) have all the rights that other citizens of our state have, with the exception of those restrictions that were established by a court verdict and Federal laws. Article 32 of the Constitution of the Russian Federation grants citizens the right to participate in the management of certain state Affairs, which allows the public to exercise control functions. However, not all public associations have the authority to study a particular sphere of state activity in detail.for example, mass media (hereinafter referred to as mass media) can only cover the activities of a specific object of attention. At the same time, this is also a way of public control, since it allows the public to get certain information about the phenomenon being studied.

Democratization of Local-Self-Government in Russia: Current State and Perspectives of Development

2019 ◽  
Vol 9 (5) ◽  
pp. 1754
Author(s):  
Andrey POMAZANSKIY ◽  
Viacheslav SEVALNEV
Keyword(s):  
Participatory Democracy ◽  
Local Level ◽  
Legal Regulation ◽  
Local Power ◽  
Federal Law ◽  
Public Authorities ◽  
The Public ◽  
Current State ◽  
Legal Nature

The article is devoted to the constitutional legal regulation of local self-government. The dynamics of the realization of the constitutional principles of local self-government are researched. It is outlined that the current state of legal regulation is far from the constitutional principles devoted to the local self-government. The vivid example of such regulation is the latest amendments to the Federal Law of October 6, 2003 №131-FZ ‘On General Principles of Organization of Local Self-Government in the Russian Federation’. These legislative novelties lead to phasedown of the democratic basis of local self-government. This approach shouldn’t be admitted. Its further spread to all spheres of local activities will result in the estrangement of local communities from the public authorities and officials. In this sense, the piecemeal replacement of democratic procedures in the course of formation of local authorities by the administrative ones fails to meet the legal nature of local self-government. Special attention is given to the determination the balance between representative and participatory democracy at the local level. The nature and features of local self-government are assumed the use of various organizational forms of execution of local power as well as the system of its legal regulation. Also the determination of the prospects for the extension of participatory democracy at the local level is presented.

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