The doctrine of the financial and legal status of municipalities in the Russian Federation and its implementation

2021 ◽  
Author(s):  
Svetlana Mironova

The monograph forms the doctrine of the financial and legal status of municipalities and identifies the features of its implementation in the Russian Federation at the present stage. The structure of the financial and legal status of the municipality as a whole is comprehensively presented, its elements are defined, their detailed characteristics are given; the features of the implementation of the financial and legal status of certain types of municipalities (urban and municipal districts, municipal districts, urban and rural settlements, etc.), those of them that have a special legal status (single-industry towns, BUT, science towns) or are located on the territory with a special economic status (territories of advanced socio-economic development, the free port of Vladivostok), as well as within the framework of inter-municipal cooperation and the development of urban agglomerations are indicated; a system of guarantees for the implementation by municipalities is established its financial and legal status. Particular attention is paid to the disclosure of the social block of the financial and legal status of municipalities, represented by the mechanism of citizens' participation in the financial activities of municipalities, including the involvement of citizens in the budget process at the municipal level and the implementation of public financial control over local finances. For researchers, teachers, postgraduates and law students, employees of public authorities and local self-government.

Author(s):  
Z. M. Khasheva ◽  
J. A. Berger

This article focuses on direct and indirect factors affecting the development and functioning of the social sphere in rural settlements. The high role and importance of the actions of local governments in meeting the social needs of the population is noted. The author considers the criteria related to the organization of social facilities in municipalities. Analysis of the performance of the population in the municipal areas. The comparison of population size and density in different regions of the Russian Federation is carried out. Changes in the socio-economic situation of the population due to the impact of various factors are evaluated. The statistics of change of number of rural settlements of the Volgograd region are resulted.


2020 ◽  
Vol 3 (4) ◽  
pp. 51-62
Author(s):  
Svetlana M. Mironova

The subject. The analysis of the establishment of land tax benefits for residents of the Free Port of Vladivostok by municipalities is carried out.The purpose of the article is to determine the feasibility of establishing land tax benefits for residents of the Free Port of Vladivostok (FPV) by the municipalities themselves or to confirm the need for federal regulation of the establishment of such benefits by the Tax Code of the Russian Federation.The methodology of the study includes the analysis of municipal legal acts on the establishment of land taxes in municipalities that are parts of the FPV.The main results and scope of their application. Due to the limitation of powers of municipalities located in territories with special legal status, one of the powers that such municipalities exercise is the establishment of local taxes and fees, as well as local tax benefits for residents of such territories. In most cases, such benefits provided at the federal level, so municipalities only “exercise the will” of the federal legislator by imposing a local tax on their territory. Due to the absence of federal regulation, tax benefits on local taxes will be established at the discretion of local authorities, which may lead to competition and unequal economic conditions for residents. So, for residents of the Free Port of Vladivostok (which includes 22 municipalities located in five constituent entities of the Russian Federation) in the absence of federal regulation, the municipal entities themselves will establish land tax benefits, which in practice leads to differentiation in the payment of land tax in the territory of the Free Port of Vladivostok. All municipalities that are parts of the FPV are divided into three groups: 1) a land tax exemption has been established in the municipalities of the first group; 2) the municipalities of the second group has not established a land tax benefit; 3) the municipalities of the third group have a zero land tax rate. It is necessary to establish a common list of benefits on the territory of the FPV by the Tax Code of the Russian Federation with the possibility of expanding such benefits at the regional and municipal levels, taking into account local characteristics.Conclusions. Municipalities establish the land tax benefits in different ways, and such situation leads to an unequal economic situation for residents of FPV. In order to remove competition between municipalities and due to the significance of the goals that the state sets for itself, creating territories with special economic status, it seems necessary to establish a typical list of benefits on such territories at the federal level by the Tax Code of the Russian Federation with the possibility of expanding such benefits at regional and municipal level according to local circumstances.


2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.


2021 ◽  
Author(s):  
Irina Dianova ◽  
Aleksandr Mitin ◽  
Inna Pleshakova ◽  
Liliya Sotnikova ◽  
(Silkina) Tokareva ◽  
...  

The textbook deals with the main issues of the course "Organization of the work of social protection bodies and institutions in the Russian Federation": general characteristics of the social protection system and the organization of the work of social protection bodies and institutions in the Russian Federation; legal status and organization of the work of federal executive authorities, other state bodies in the field of social protection of the population, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, etc. Meets the requirements of the federal state educational standards of secondary vocational education of the latest generation. For students studying in the specialty 40.02.01 "Law and organization of social security", as well as for employees of bodies and organizations of social protection of the population, other state and municipal bodies and institutions that perform functions for the social protection of certain categories of citizens.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Станислав Липски ◽  
Stanislav Lipski

The article reviews new rules on allotment of land plots to citizens and legal persons. The State Duma included these rules into the Land Code of the Russian Federation in summer 2014. Now they have come into force. The article focuses on the following issues. 1. How do these rules affect the land legislation in general? 2. What are the changes in the powers of public authorities of subjects of the Russian Federation and bodies of local self-government in regulating the order of land plots’ allotment and in implementation of such allotment? 3. How justified is the fact that now auctions are the only possible form of a land tender? The author believes that it is necessary to preserve competitive bidding for cases when same agricultural land plots are allotted to citizens and legal entities. Also there remains a problem associated with the transfer of power on allotment of lands from local governments of municipal areas to the level of rural settlements.


2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 488-496
Author(s):  
Marietta D. Shapsugova

The article analyzes the content of the new Article 75.1 of the Constitution of the Russian Federation through the prism of economic and political doctrines of solidarity based on the social division of labor, codependency, and mutual assistance. The relevance of the problem of social solidarity in the implementation of economic activity by citizens is due to the entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 "On improving the regulation of certain issues of the organization and functioning of public authorities." Concluded that Article 75.1, fixing new principles of balancing private and public interests based on mutual trust in society and the state, integrating the Russian economy into the global community based on universal principles of economic development set out in the Concept of Sustainable Development of the United Nations.


Author(s):  
Roman Valerevich Zelepukin

We consider the theme of the nonprofit organizations special legal status development in the context of the role and importance of the nonprofit sector in the state social policy. Along these lines, we note the characteristics essence of the Russian state as a social one. We disclose nonprofit organizations special administrative and legal statuses: socially oriented nonprofit organizations, performers of socially useful services, social service providers. The characteristic of dynamics of the legislation establishing the revealed statuses is given. We analyze the conditions and procedure for obtaining these statuses. Thus, we note a wide approach developed in law enforcement practice to the recognition of the activities of nonprofit organizations as socially oriented. We note the nonprofit organizations recognition conditions as executors of socially useful services, as well as the legal consequences implementation problems of obtaining this status. We substantiate public services performers differentiation necessity and social services providers. Some statistical data are given; also we summarize the state policy measures on interaction with the nonprofit sector as a whole, and on the involvement of nonprofit organizations in the sphere of social services. These measures are noted in the President of the Russian Federation and the Government of the Russian Federation acts analysis. We highlight and describe the development and adoption process of the draft Federal law “On the state (municipal) social order for the provision of state (municipal) services in the social sphere”, its advantages and disadvantages. To conclude this study, we consider that the state is interested in cooperation with the nonprofit sector, which was embodied and detailed in the identified special status of nonprofit organizations; also we note the prospects for further development of the identified status.


Author(s):  
Yu. I. Soloviova

The article substantiates the need to use foreign experience in regulating an advocate’s status as an important source of resources for improving the legislation of the Russian Federation. The formation of advocacy is influenced by many factors: the level of legal awareness and legal culture in society, the political situation, the social structure of society, economic aspects, lawmaking, law and order, and many others. According to the author, it is very important that the state belongs to a certain legal family. The author believes that the legal advocate’s status has significant specifics in each country, and it is possible to better understand the goals and objectives of the Institute of advocacy and predict its development, including on the basis of research on the systems of advocacy in foreign countries. The article is attempt to conside a question about further improvement of the Institute of an advocate’s status in the present legal system of the Russian Federation taking into account the legislative experience of the Federal Republic of Germany.The author explores such aspects as: getting education by representatives of legal professions, admission to the profession of advocate; rights, duties and responsibilities of advocate, restrictions and prohibitions in the activity of advocate; ethical requirements for the practice of law, and trends in the development of the legal profession. Special attention is paid to identifying a progressive legislative approach. By the author formulated a number of proposals to improve legislation on the advocate’s status in Russian Federation.


2021 ◽  
Vol 258 ◽  
pp. 06065
Author(s):  
Lyudmila Kopteva ◽  
Arthur Budagov ◽  
Anna Trushevskaya

Corrupt activities in the Russian Federation have reached the point where national security is under threat. Corruption creates obstacles to the economic growth of the state, slows down various transformations not only in the economic, but also in the social sphere of society, worsens the standard of living in the Russian Federation, undermines public confidence in public authorities, and reduces authority in the eyes of other countries. Theoretically, broad corrupt activities are able to destroy the norms, constitutional foundations that have developed in society and neutralize the operation of any legal system. One should not lose sight of the fact that corruption activity, due to its illegal origin, intersects with other variants of socially destructive phenomena, such as sanctioned crime, shadow economy and terrorist attacks. As a result, it can be said that corruption is a combination of various factors, a continuously growing system that threatens the state and financial security of the country, and is not an independent unit, which is an exceptional precedent of bribery of a certain person among civil servants.


Author(s):  
Ildar A Tarhanov ◽  
Ramil R. Gayfutdinov ◽  
Karimov M. Karimov ◽  
Ilnur A. Muzafarov

The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation.


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