scholarly journals CATEGORIES OF LITIGATION IN CASES OF PROTECTING THE ELECTORAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 4-11
Author(s):  
I.L. Akimova ◽  
A. S. Kovalenko ◽  
E. S. Anichkin
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
State Power ◽  
Representative Government ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Executive Body

The article examines the main types of electoral disputes considered by Russian courts in recent years.Illustrated by examples of court disputes on appealing decisions of election commissions on registration orrefusal to register candidates for elections of deputies of legislative (representative) government bodies of the constituent entities of the Russian Federation and local government bodies, senior officials of the constituententities of the Russian Federation (heads of the supreme executive body of state power of the constituententity of the Russian Federation), appeal against the registration of candidates (electoral associations) inconnection with violations committed during the campaign, as well as violations during voting and theestablishment of the results and results of elections. Based on the analysis of the established judicial practice,some amendments to the electoral legislation have been proposed

THOUGHTS OF THE CONTENTS AND PROSPECTS OF LEGAL INSTITUTE OF REDISTRIBUTION OF MUNICIPAL POWERS

2016 ◽  
Vol 4 (2) ◽  
pp. 111-118
Author(s):  
Сергей Соловьев ◽  
Syergyey Solovyev
Keyword(s):  
Local Government ◽  
Goal Setting ◽  
Russian Federation ◽  
Financial Support ◽  
State Power ◽  
System Research ◽  
Redistribution Mechanism ◽  
Modern System ◽  
Setting Theory ◽  
The Russian Federation

This research paper is about the conceptual, theoretical and practical aspects of legal institute of authority redistribution between local government bodies and the bodies of the Russian Federation state power. Prerequisites for introduction, the content and an expert estimates of specified legal Institute prospects are investigated in the paper. From the goal-setting theory position in the study the main objectives for which achievement the local selfgovernment was included in the state system mechanism of the Russian Federation are formulated and author´s vision of hierarchy of these purposes is offered. Considering the hierarchy of local self-government objectives attempt to estimate the prospects of improvement the authority redistribution mechanism between local self-government bodies and the bodies of the Russian Federation state power is made and also to formulate the prediction of rather probabilistic results of analyzed legal institute introduction to the local self-government modern system. Research is executed with financial support of RGNF. Project «Improvement of System of the Conceptual and Ideological Bases of Local Government Fixed in Legal System of the Russian Federation » No. 16-03-50015.

scholarly journals Uncertainty of the position of executive bodies of local self-government in the system of executive power in the Russian Federation

2021 ◽  
Vol 7 (2) ◽  
pp. 482-487
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Sergey A. Balashenko ◽  
Artem A. Pukhov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
...  
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
State Power ◽  
Executive Power ◽  
The Russian Federation

This article is devoted to the analysis of modern problems associated with the uncertainty of the situation of executive bodies of local self-government in the Russian Federation. In this regard, a system of proposals for resolving these problems has been prepared and justified in the work. These proposals will optimize the organization and functioning of the system of state power and local government in general.

scholarly journals Communicative model as an institutionalization factor for a local self-government in the Russian Federation

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Diana Rustеmovna Fatikhova ◽  
Elmira Mansurovna Ziiatdinova
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
State Power ◽  
The State ◽  
Public Authority ◽  
Financial Resources ◽  
Government Institutions ◽  
Political Events ◽  
The Russian Federation

The paper investigates the communicative model’s influence on the local self-government development in Russia. The research’s relevance lies in the role of communication in the institutionalisation of local government in Russia and is determined by the weakness inherent in local government institutions here. The nature of local self-government in the Russian Federation is contradictory. Local self-government bodies are closely connected with the state power and dependent on it, and at the same time they are legally excluded from the system of state power bodies. The internal political events of the first half of 2020 indicate a new turn in the development of local self-government in the Russian Federation. According to the amendments to the Constitution of the Russian Federation adopted following the referendum of July 1, 2020, local self-government and state authorities are part of the unified public authority system in the Russian Federation, while at the same time local self-government bodies may be vested with certain state powers, provided that the material and financial resources necessary for the exercise of such powers are transferred to them. The implementation of the delegated powers to local self-government bodies is controlled by the state.

scholarly journals ROLE OF BODIES OF STATE POWER OF THE SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL SELF-GOVERNMENT AUTHORITIES IN MANAGEMENT OF MULTI-FAMILY DWELLINGS

2020 ◽  
pp. 124-132
Author(s):  
Сергей Викторович Хохлов
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
State Power ◽  
Management Company ◽  
The Russian Federation ◽  
The Law ◽  
Regional Authorities ◽  
Administrative Responsibility

Статья направлена на раскрытие и характеристику основных полномочий органов государственной власти субъектов Российской Федерации и органов местного самоуправления в сфере управления многоквартирными домами. Законодательство Российской Федерации наделяет региональные органы власти различными функциями, такими как лицензирование деятельности по управлению многоквартирными домами. К полномочиям региональных органов власти отнесена деятельность по установлению тарифов на коммунальные услуги. Региональные органы государственного жилищного надзора правомочны привлекать к административной ответственности участников деятельности по управлению многоквартирными домами, допустивших нарушение законодательства. Органы местного самоуправления отбирают управляющую организацию в определенных законом случаях, организуют избрание совета многоквартирного дома, если он не избран собственниками. Эффективность управления многоквартирным домом, его содержание во многом зависит от того, каким образом, органы государственной власти субъектов Российской Федерации и органы местного самоуправления реализуют на практике предоставленные им полномочия. The article is intended to define and characterize the main powers of bodies of state power of the subjects of the Russian Federation and local government bodies in management of multi-family dwellings. The legislation of the Russian Federation empowers the regional authorities with various functions, such as licensing the management of multi-family dwellings. The powers of regional authorities include also the utility tariff-setting activity. The regional authorities of state housing oversight are authorized to bring the participants in the management of multi-family dwellings, who have violated the law, to administrative responsibility. The local self-government authorities select the management company in cases specified by law, organize the election of the council of multi-family dwelling, if it is not elected by the owners. The efficiency of management of multi-family dwelling and its maintenance largely depends on how the bodies of state power of the subjects of the Russian Federation and local self-government authorities put the powers granted to them in practice.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

A criminal profiling of persons convicted for narcotic drugs and psychotropic substances illicit trafficking

2020 ◽  
Vol 2020 (3) ◽  
pp. 118-122
Author(s):  
Elizaveta Pavlik ◽  
Elena Ketenchieva
Keyword(s):  
Russian Federation ◽  
Leningrad Region ◽  
Public Interests ◽  
Drug Offenders ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Criminal Profile ◽  
Illicit Trafficking ◽  
Narcotic Drugs

This article provides a classification and characteristics of persons convicted for crimes in the field of narcotic drugs and psychotropic substances illicit trafficking. The article deals with the statistics in this sphere over the past five years. Based on the collected empirical evidence the authors analyzed the qualitative indicators of convicted drug offenders. The examination of statistical data from investigative and judicial practice on crimes in the field of narcotic drugs and psychotropic substances illicit trafficking made it possible to sketch a criminal profile of a person sentenced to imprisonment: a citizen of the Russian Federation, a male between 18 to 39 years, having a secondary general or vocational education. Moreover, the personality of a convicted person is characterized by his internal criteria deformation devaluing the norms and rules that express and consolidate public interests. The authors also conducted a comparative analysis of offenders convicted both in the Russian Federation and in such federal subjects as Saint-Petersburg and Leningrad region. The choice of St. Petersburg as one of the objects of this research is justified by the fact that it has been among the leaders of the regions with the largest number of recorded drug-related crimes for several years.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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