Features of Legal Status of Organizations, Established Pursuant to Federal Laws, and Organizations, Established for Fulfillment of Tasks, Assigned to Federal State Bodies

10.12737/7573 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Олег Гутников ◽  
Olyeg Gutnikov
Keyword(s):  
Legal Status ◽  
The State ◽  
Federal State ◽  
Assessment Practices ◽  
Special Importance ◽  
Federal Law ◽  
Public Servants ◽  
Constitutional Principle ◽  
State And Society ◽  
Legal Entities

The article discusses the features of the legal status of organizations against officials whose legislation against corruption provides additional anti-corruption measures are the same as apply to public servants. Concludes that the legal status of the organizations concerned are completely different. Rallying point for them is essentially only the Federal Law "On Combating Corruption", according to which range of organizations, the most significant for the state and society in terms of corruption risks, determined by government approval lists of specific legal entities. The article provides a critical assessment practices of approving lists of organizations that have special importance for the state and society in terms of corruption risks. This practice is discriminatory and violates the constitutional principle of equality before the law and the courts. In the anti-corruption legislation is proposed to define the categories of legal entities which are most significant for the state and society in terms of corruption risks. In determining relevant categories of legal entities must treat them not only organizations which have the legal relationship with the Russian Federation, but also other organizations, which in terms of corruption risks are of particular importance for society and the state. These organizations are invited to refer seven categories of legal entities.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals DEVELOPMENT OF THE PRINCIPLE OF MUTUAL TRUST BETWEEN THE STATE AND SOCIETY IN THE DIGITAL ECONOMY

2021 ◽  
pp. 84-93
Author(s):  
Ольга Ивановна Юстус
Keyword(s):  
Digital Economy ◽  
The State ◽  
Regulatory Framework ◽  
Mutual Trust ◽  
Constitutional Principle ◽  
Digital Era ◽  
State And Society

Статья посвящена анализу содержания конституционного принципа взаимного доверия государства и общества; исследуются тенденции развития указанного принципа в условиях цифровой экономики; обосновывается необходимость формирование соответствующей требованиям цифровой эпохи нормативно-правовой базы, позволяющей регулировать видоизмененные экономические процессы. The article is devoted to the analysis of the content of the constitutional principle of mutual trust between the state and society in relation to; the trends in the development of this principle in the digital economy are investigated; the need for the formation of a regulatory framework that meets the requirements of the digital era, allowing to regulate modified economic processes, is justified.

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

State and municipal administration system

2020 ◽  
Author(s):  
Al'fiya Akmalova ◽  
Vladimir Kapicyn
Keyword(s):  
Higher Education ◽  
The State ◽  
Federal State ◽  
Public Authorities ◽  
Municipal Administration ◽  
State And Society ◽  
Municipal Management ◽  
State Educational ◽  
Higher Education Organizations

The textbook discusses the concept of the state and municipal management system, its formation and development in Russia, scientific, legal, organizational, competence and information bases of the activities of state and municipal management bodies. Special attention is paid to the analysis of the General principles of state and municipal administration and the specifics of their implementation in certain territories and under special legal regimes, the role of control and Supervisory bodies in ensuring the legality and responsibility of public authorities and officials. Meets the requirements of Federal state educational standards of higher education of the latest generation. For bachelors and masters of higher education organizations studying in the direction 38.03.04 "State and municipal management", as well as all those who study the basics of the organization of state and municipal management and are interested in the problems of development of the state and society.

scholarly journals State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

scholarly journals Modern models of social partnership in Uzbekistan

2021 ◽  
Vol 1 (3) ◽  
pp. 152-161
Author(s):  
Alisher Muminov
Keyword(s):  
Civil Society ◽  
Effective Interaction ◽  
The State ◽  
Special Importance ◽  
Effective Mechanism ◽  
Social Partnership ◽  
Cultural Life ◽  
State And Society ◽  
The Republic ◽  
The Individual

Currently, the special importance of social partnership is acknowledged as an effective mechanism for involving the general public in participation in the socio-political, socio-economic and cultural life of the country in Uzbekistan. In this regard, the President of the Republic of Uzbekistan Sh.Mirziyoyev pointed out the need for consistent implementation: “the principle of mutual responsibility of citizens, the state and society, the connection of their rights and obligations. This principle serves as the basis for effective interaction between the state and the individual, the state and civil society in solving the important tasks facing our country. This article is devoted to the analysis of reforms aimed at the development of social partnership in Uzbekistan.

scholarly journals Organizational structure of the state civil service of Russia in Russia during the XVI – XVII centuries

2021 ◽  
pp. 47-58
Author(s):  
Aleksei Semin
Keyword(s):  
Organizational Structure ◽  
Military Service ◽  
Legal Status ◽  
Civil Service ◽  
The State ◽  
Public Servants ◽  
Structure Comparison ◽  
Stage Of Development ◽  
Characteristic Features ◽  
The Government

This article examines the organizational structure of the state civil service during institutionalization of the system of public administration in the XVI – XVII centuries. The author describes the characteristic traits of this stage of development of the civil service system as a whole, including the highly personalized nature of carrying service, narrow separation between civil and military service, as well as the presence of rank system that was applicable to both the government apparatus and the society. In this context, the author explores the key misinterpretations of the term “rank”, its partial conflation with the concept of “post”, and the absence of universal definition. Research is also conducted on correlation between the organizational structure of the civil service and the class composition of the Tsardom of Russia, which has proven the possibility of separating the system of ranks of public servants from the unified social hierarchy. Special attention is given to the clerical service and its organizational structure: comparison of the status of clerical servants with the elements of the legal status of modern civil servant considering this type of service as the closest prototype of the state civil service. The basic traits of the clerical service include professional character, rigid hierarchy, stability, enforcement nature of activity, additional rights and responsibilities. The author highlights the key role of the concept of “rank” as the characteristic of the position of am individual within service hierarchy, used to for creating a prototype of the organizational structure of the state civil service. The scientific novelty consist in determination of the characteristic features of the organizational structure of civil service as whole, and state civil service in particular, which prove the existence of the developed, although non-unified hierarchy that later provided the framework for the reforms of Peter the Great. This confirms the gradual and consistent, rather than revolutionary nature of the transformations introduced by the Table of Ranks. Such approach gives a more comprehensive perspective upon the evolution of the institution of organizational structure of the state civil service.

scholarly journals Aspects On The Importance Of Electronic Processing Of Information In Calculating The Profit Tax

2015 ◽  
Vol 21 (2) ◽  
pp. 374-378
Author(s):  
Miranda Petronella Vlad ◽  
Mariana Rodica Ţîrlea
Keyword(s):  
Income Tax ◽  
The State ◽  
Special Importance ◽  
Total Revenue ◽  
Economic Activities ◽  
Tax Base ◽  
Accounting Data ◽  
Tax Returns ◽  
Electronic Processing ◽  
Legal Entities

Abstract The profit, according to the definition given in the Explanatory Dictionary of the Romanian language (Dex), represents a “gain” obtained in a given period of time by taxpayers, legal entities and individuals, while the total revenue achieved by economic activities performed in order to obtain income, are greater than the costs incurred to obtain the respective income. According to the regulations in effect, this gain is subject to taxation by applying a rate of 16% on the tax base. The resulted amount, represents the income tax, sum which once listed and submitted with a tax return to the tax institution, becomes a tax receivable which the state is entitled to collect. A special importance in determining the tax base for income tax calculation, it represented by a correct electronic processing of accounting data for obtaining information in order to determine the correct amounts owed to the state and the electronic preparation and submission of tax returns.

scholarly journals Formation of the Economic Federalism Theoretical Model Based on the Dual State Nature

Federalism ◽  
2021 ◽  
Vol 26 (4) ◽  
pp. 75-88
Author(s):  
N. Yu. Korotina
Keyword(s):  
Legal Status ◽  
Methodological Approach ◽  
The State ◽  
The Other ◽  
Federal State ◽  
Binary Representation ◽  
Economic Interests ◽  
Economic Relations ◽  
The One ◽  
Regional Product

The complexity of the economic aspects of federal relations and the multidimensional nature of management tasks predetermines the need to comprehend the essence of the system of federalism. Therefore, the purpose of this study is to substantiate a model that, on the one hand, considers federalism as the concept of the creation and functioning of the state system and as a way of managing the economy of the federal state on the other. Application of an evolutionary methodological approach allowed the author to divide the fundamental theories of federalism into two groups: the one examines federalism as a power paradigm, focuses on the federal principles of building a state, political and legal status The other examines federalism as a mechanism for coordinating the economic interests of its participants from the position of providing resources for fulfilling the assigned state functions at each level of the federal structure. The first group of fundamental works allows us to single out the essential features of federal relations. The second group of works made it possible to determine the economic principles of the functioning of federalism relations. Based on the highlighted features and principles of economic relations of federalism the article presents the author’s view of the dual subject essence of the state. Firstly, as a carrier of federal relations as a construct that structures and formats the territorial-state structure, as a mechanism of management and organization that sets the formal conditions for the reproduction of the subjects of the federal state based on the possession of power. Secondly, as an actor, one of the participants in the economic cycle of reproduction of the gross regional product based on the resources of the public sector. The proposed binary representation of the state allows us to show not only its creating role in the system of economic federalism, but also includes the goals of the regional economy in the federal system.

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