Theoretical bases of the public law-enforcement service of the Russian Federation

2016 ◽  
Author(s):  
Roman Nagornykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Law ◽  
The Public ◽  
The Russian Federation

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

Constitutional basis for public property in the context of the creation of a legal entity of public law

2020 ◽  
Vol 29 (5) ◽  
pp. 134-149
Author(s):  
Vladimir Nizov
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Historical Analysis ◽  
Public Law ◽  
The State ◽  
The Public ◽  
Public Property ◽  
The Russian Federation ◽  
The Difference ◽  
The Right

The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.

State service of the Russian Federation in the sphere of law enforcement: problems of theory and practice of administrative and legal regulation

2018 ◽  
Author(s):  
Роман Нагорных ◽  
Roman Nagornyh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Russian Federation

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.

scholarly journals Concept and purpose of expenditure obligations

2020 ◽  
pp. 205-211
Author(s):  
O. S. Zabralova
Keyword(s):  
Russian Federation ◽  
Public Law ◽  
Legal Entity ◽  
The Public ◽  
Different Types ◽  
The Russian Federation ◽  
Definition Of ◽  
Public Entity ◽  
Budgetary Expenditure ◽  
Content Characteristics

One of the topical problematic issues in financial law is the definition of the meaningful characteristics of expenditure obligations in the budget structure. Not only in civil relations there are obligations, they are also characteristic of the public law sphere within the framework of different types of financial obligations: public, budgetary, expenditure, cash, debt. Expenditure obligations are legislatively enshrined in the Budget Code of the Russian Federation, and provide for the obligations of the relevant public law entity to provide funds from the relevant budget to the entity specified in the legislation (natural or legal entity, public entity). An analysis of the content characteristics of expenditure obligations indicates the presence of general and specific signs of civil and expenditure obligations. Among the first, it is necessary to highlight the property nature, the presence of legal relations, and the specific ones include the grounds for the emergence of obligations, their nature.

scholarly journals ON THE INTERACTION OF LAW ENFORCEMENT BODIES AND JUDICIAL COMMUNITY

2017 ◽  
pp. 0-0
Author(s):  
Олег Степанов ◽  
Oleg Stepanov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Public Confidence ◽  
The Public ◽  
Effective Implementation ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation ◽  
Relevant Level

The article discusses the possible forms of interaction between law enforcement bodies and judicial community. There are also proposals for improvement of the qualification collegiums of judges, for increasing of the public confidence in the judicial branch of power in current conditions. The current law allows bringing judges to disciplinary responsibility for the imposition of clearly illegal judicial act, if the illegality is confirmed by the highest instance, and the conclusion about the apparent illegality is made by the qualification collegium of judges. This approach does not contradict the legal approach on the principle of non-involvement of the judge to the responsibility for rendering its judgment — the judge shall be brought to disciplinary responsibility not for the opinion expressed in the judicial act, but for actions that violate the requirements of the Law on the status of judges. The author suggests the new way for the composition of the qualification collegiums of judges of all levels, which implies to guarantee the objectivity and impartiality of their work by reducing of the proportion of judges in the collegium to 51% and to replace remaining 49% of members by the members of the public society (25%) appointed by representative bodies of the relevant level, and the remaining (24%) — by the independent prosecutors appointed by the President of Russia. According to the author, creation of such institution of “independent prosecutors” in Russia will provide more effective implementation of the principle of “three keys”, when the appointment of the members of the qualification collegiums of judges will be involved popularly elected President, Chairman of the Supreme Court of the Russian Federation, the Federation Council (the legislative assemblies of the constituent entities).

scholarly journals Modern Challenges and Threats to the Public Security of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 55-60
Author(s):  
Aleksey M. Voronov ◽  
Keyword(s):  
Risk Management ◽  
Civil Society ◽  
Law Enforcement ◽  
Public Administration ◽  
Real Time ◽  
Russian Federation ◽  
Public Security ◽  
The Public ◽  
Risk Management System ◽  
The Russian Federation

In the article, the author, based on the analysis of a sufficient array of regulatory legal acts, the practice of the public administration, as well as law enforcement institutions of civil society, considers modern threats and challenges to public security in real time, while in order to identify them, quickly respond to them, develop management decisions and recommendations, the formation of a state risk management system is proposed.

THE PROBLEM OF DOMESTIC VIOLENCE IN THE CONTEXT OF ARTICLES 116 AND 116.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 36-41
Author(s):  
K. K. Novikova ◽  
◽  
D. D. Khmelnitskaya ◽  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Public ◽  
The World Bank ◽  
The Family ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, the problem of domestic violence is quite urgent due to the annually increasing number of victims. Besides the increased attention from the legislation to this issue, the public itself is anxious about the existing situation: victims of domestic violence are treated disrespectfully as they either excessively draw attention to the situation that has arisen, or they are blamed for a late appeal to the law enforcement authorities. The paper defines the concept of domestic violence, specifies character traits of a person committing domestic violence as well as of a potential victim. Based on the analysis of litigation practice, the authors conclude on the absence of a unified approach to the definition of crime and the existence of gaps when punishing the third episode of a committed socially dangerous act. The analysis of data of the World Bank annual research “Women, Business and the Law” and the RF Ministry of Internal Affairs on domestic violence in the Russian Federation confirmed the existence of an acute problem, which remains unsolved on the legislative level for the rather long period. Within the current research, the authors propose introducing a new domestic violence body of evidence to the RF Criminal Code, whereby domestic violence should be considered willful damage for the life and health of a person being in the family, personal, or household relations. Specified innovations will allow significantly facilitating the work of law enforcement authorities and courts when classifying the acts and imposing a just punishment through the introduction of classified types of domestic violence when implementing the protection of rights of victims.

scholarly journals Administrative and Legal Framework for Citizens’ Participation in the Maintenance of Public Order in Russia and Finland

2020 ◽  
Vol 17 (4) ◽  
pp. 557-565
Author(s):  
A. V. Khromov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Law ◽  
Public Order ◽  
Negative Consequences ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
The Russian Federation

The article provides a comparative analysis of administrative legal norms of the Russian Federation and Finland that regulate the participation of citizens in the protection of public order. The relevance of the chosen topic is determined by the fact that the human rights activities of law enforcement agencies, their importance in the fieldof public law enforcement, personal and public security is often unproductive, especially in the context of the global economic crisis, in which the functioning of law enforcement agencies alone is obviously not enough to protect human rights and freedoms and maintain public law and order. It is known that public tension in the state, including in Russia and Finland, increases sharply in emergency situations: during man-made disasters, epidemics, social crises, and terrorist activities. In such situations, the existence of public organizations whose activities guarantee the protection of public order and the elimination of negative consequences of emergency situations is extremely necessary. The Author considers the concept of public order, reveals its essence and content. The definition of the term “protection of public order” is formulated. It defines the legal regulation of citizens’ participation in public order protection in the Russian Federation and Finland. Common and similar features of such regulation are highlighted. The main legal acts regulating the participation of citizens in the protection of public order in Russia and Finland are analyzed in detail. According to the Author, strict centralization, as well as the lack of proper interaction of law enforcement agencies with society, is one of the key problems of enforcement and protection of public order in the law enforcement system of Russia and Finland. The issue of voluntary national teams functioning both in Russia and Finland is being considered. Attention is drawn to their specific features. In the end, the author concludes that at present, both for Russia and Finland, the issue of protecting citizens who take part in the protection of public order is a difficult one. It can be stated that in comparison with the Russian Federation, Finland provides a much smaller amount of guarantees for the protection of citizens who participate in the protection of public order.

Assessing the quality of public health in the Russian Federation and Israel: Main problems and solutions

2020 ◽  
Vol 19 (4) ◽  
pp. 618-632
Author(s):  
A.S. Panchenko
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Population Based ◽  
The Public ◽  
Disability Adjusted Life ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Disability Adjusted Life Year ◽  
Practical Recommendations

Subject. The article addresses the public health in the Russian Federation and Israel. Objectives. The focus is on researching the state of public health in Russia and Israel, using the Global Burden of Disease (GBD) project methodology, identifying problem areas and searching for possible ways to improve the quality of health of the Russian population based on the experience of Israel. Methods. The study draws on the ideology of the GBD project, which is based on the Disability-Adjusted Life-Year (DALY) metric. Results. The paper reveals the main causes of DALY losses and important risk factors for cancer for Russia and Israel. The findings show that the total DALY losses for Russia exceed Israeli values. The same is true for cancer diseases. Conclusions. Activities in Israel aimed at improving the quality of public health, the effectiveness of which has been proven, can serve as practical recommendations for Russia. The method of analysis, using the ideology of the GBD project, can be used as a tool for quantitative and comparative assessment of the public health.

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