Expansion of Public Law into the Sphere of Private Interests: Strengthening State Regulation as a New Management Paradigm

2020 ◽  
Vol 11 (2) ◽  
pp. 677
Author(s):  
Vladimir E. USANOV
Keyword(s):  
Russian Federation ◽  
Current Model ◽  
Public Law ◽  
State Regulation ◽  
Actual State ◽  
Public Authorities ◽  
State Of Emergency ◽  
Private Interests ◽  
The Russian Federation ◽  
The Government

Relevance. The article is relevant since the recent events have revealed the illusory nature of democratic principles and the independence of private interests in the Russian Federation. The illusion of free choice and democratic procedures disappeared when public authorities declared a state of emergency or self-isolation regime (quarantine during the COVID-2019 pandemic) facing a force that exceeded the resources and capabilities of the government systems. Objective. The article aims at studying a new global model of expanding public law into the sphere of private interests due to strengthening the state regulation of public relations as a new management paradigm. The current model typical of many countries, in particular Russia, can be called a model of an actual emergency. The Russian Federation did not declare de jure state of emergency. Otherwise, public authorities would have to take on big obligations and be responsible for losses (damages, contract failures, suspended trading and production, downsizing, unemployment) of their citizens and businesses. Methods. The main research method was deduction used for studying the legal specifics of expanding public law into the sphere of private interests. The author of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of strengthening state regulation as a new management paradigm. Results. Analyzing the actual state of emergency experienced by most countries and considering the actions of the Russian authorities, the author claims that public law serves as the basis of public administration but invades the sphere of private interests. It begins to manage it in a state of emergency to preserve the existing state system and its integrity. As a result, private law ceases to be independent and must obey the rules of public law. At the same time, the democratic traditions and principles proclaimed in the Constitution and other laws, human rights and civil freedoms are instantly absorbed by public law and become a legal fiction for a certain time.

scholarly journals THE INFLUENCE OF PUBLIC AUTHORITIES OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION ON THE DEVELOPMENT OF INDUSTRIAL ENTERPRISES AND CORPORATIONS

2020 ◽  
Vol 20 (4) ◽  
pp. 135-143
Author(s):  
O.V. Loginovskiy ◽  
◽  
A.S. Khaldin ◽  
A.A. Shinkarev ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
International Markets ◽  
State Regulation ◽  
Public Authorities ◽  
Industrial Enterprises ◽  
Modern Business ◽  
Business Conditions ◽  
The Russian Federation ◽  
Theoretical Developments

It is shown that in connection with the ongoing financial and economic crises in the world, as well as a sharp aggravation of competition in the international markets of industrial products and a number of other factors, the issues of increasing the efficiency of industrial enterprises and corporations in the regions of the country need a more comprehensive and comprehensively thought-out justifica-tion. Purpose of the study. It is advisable to develop a set of scientific provisions and recommenda-tions for the analysis of the activities of industrial enterprises in the regions, which would contribute to the purposeful development of the economy of the constituent entities of the Russian Federation in modern business conditions. Materials and methods. The materials and methods used are out-lined by the content of theoretical developments and practical experience obtained in the process of researching the development of the economy and industry of the regions of the Russian Federation. Results. The list of scientific provisions and recommendations for increasing the effectiveness of the influence of state authorities of the constituent entities of the Russian Federation on the develop-ment of industry and economy of the country's regions has been substantiated. The composition of methods of state regulation in the economy and industry of the regions is presented, a list of the main tasks of the industrial and economic block for state authorities of the constituent entities of the Russian Federation, as well as the functions and mechanisms of their implementation, is pre-sented. Conclusion. The development of the economy and industry of the regions of Russia should be carried out using the scientific provisions and recommendations presented in this article, which will allow, when forming management decisions, to take into account factors and justifications that were often unused before.

scholarly journals THE LAW REGULATION OF ANTI-TUBERCULOSIS ACTIVITIES AT THE REGIONAL LEVEL

2019 ◽  
Vol 62 (2) ◽  
pp. 81-87
Author(s):  
Nadezhda A. Pavlyuchenkova ◽  
A. V. Krikova ◽  
E. A. Sakharitova
Keyword(s):  
Health Care ◽  
Russian Federation ◽  
State Regulation ◽  
Single Subject ◽  
Health Care Institutions ◽  
Single Region ◽  
Single Subjects ◽  
The Russian Federation ◽  
The Government ◽  
Care Support

The article presents the results of analysis of condition of normative legal base regulating anti-tuberculosis care support in the Russian Federation and at the level a single subject of Federation (the Smolensk region). The significant alterations in legislation are emphasized related to means of prevention, diagnostic and chemotherapy of tuberculosis in modern conditions. The necessity of systematic monitoring of epidemiological situation with tuberculosis is demonstrated not only a national scale but also on the level of every region to provide a successful straggle with disease. The health care institutions fill in reporting forms of Federal statistical monitoring and forms of sectoral statistical accounting regulated by the Ministry of health of the Russian Federation. The main directions of state policy are determined concerning pharmaceutical support of particular groups of population, including state guarantee of medical care support of patients with tuberculosis. The economic aspects are considered related first of all to supporting of accessibility of pharmaceuticals purchasing by health care institutions and buying in directly by population. This is implemented by means of organization of financing of pharmaceutical support and state regulation of prices of pharmaceuticals included into list of vitally needed and most important pharmaceuticals that, according decree of the Government of the Russian Federation includes anti-tuberculosis medications. The analysis of characteristics of financing of ant-tuberculosis activities, including at the level of a single region, permitted to establish a number of problems during purchase of anti-tuberculosis medications encountered by subjects due to budget limitations. In particular, a significant financial load was established in particular regions related to purchasing anti-tuberculosis medications needed for treatment of tuberculosis with drug resistance of agent. The projects and programs regulated by legislative base implementing within the framework of struggle with tuberculosis in the Russian Federation and on the level of single subjects of Federation.

NATIONAL PROJECTS IN THE STRATEGIC PLANNING SYSTEM OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 5-9
Author(s):  
Volodina N.A. ◽  
Murzina I.A. ◽  
Retinskaya V.N.
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
General System ◽  
Planning System ◽  
Legal Analysis ◽  
Flexible Tool ◽  
Public Authorities ◽  
The Russian Federation ◽  
The Government ◽  
State Programs

The modern stage of the civilizational development of Russian statehood is characterized by the search for optimal and most effective management models. The article notes that, in the current difficult socio-economic conditions, it is the program-target planning method that is the most flexible tool, including in conditions of budgetary constraints. The normative and legal analysis of the documents showed that the evolution of target programs is the result of administrative and budgetary reforms implemented in the territory of the Russian Federation in a specific historical retrospective. The article emphasizes that to date, to ensure the synchronous development of the entire territory of the country, a single system of strategic goals and objectives has been formed. At the same time, a new approach to strategic development required the development of appropriate mechanisms for organizing project activities of the Government of the Russian Federation. That is why the national projects developed in accordance with the May 2018 Decree of the President of the Russian Federation occupy a special place in the country's strategic planning system and are the subject of close attention of public authorities. The analysis made it possible to systematize the problems and reveal the systemic contradictions of a legal and institutional nature that exist between state programs and national projects, which do not allow public authorities to effectively fulfill the targets set out in strategic planning documents. In conclusion, the authors conclude that it is necessary to legislatively consolidate the role and place of national projects in the general system of strategic planning, since at present the concept of a «national project» is absent in the federal law of the Russian Federation «On strategic planning in the Russian Federation».

scholarly journals Reforming subjects of currency regulation and control heading towards digital economy in Russia

2020 ◽  
Vol 2020 (2) ◽  
pp. 107-115
Author(s):  
Marina Alekseevna Yakovleva
Keyword(s):  
Russian Federation ◽  
Current System ◽  
Development Program ◽  
Digital Economy ◽  
State Regulation ◽  
Smart Contract ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
And Control

The article analyzes the current system of currency regulation and control and reveals the structure of subjects of currency regulation and control. There have been proposed the changes necessary for adaptation to the conditions of the digital economy. There has been presented the scheme of the unified system of currency regulation and control, and defined its main elements. The retrospective illustrates the process of reforming currency control agencies and agents on the eve of Russia's transition to the digital economy. There have been revealed both current legal norms that determine the structure and functionality of subjects of currency regulation and control and bills related to the subject under study. The current state development program “Digital Economy of the Russian Federation” for 2017–2025 acting in the Russian Federation is found not to contain the procedure for state regulation of foreign exchange transactions in the digital economy and not to disclose the functionality of the regulatory authorities in the context of digitalization. The analysis of the work of Russian researchers, supplementing the theory and methodology of currency relations has been carried out. Currency regulation and control are studied from the perspective of the activities of the state bodies of the government, by means of administrative, legislative and organizational measures aimed at maintaining a stable external balance and sustainable economic growth. The concept and the nature of a smart contract is considered in detail, the principal differences (according to the criteria of the form, subject, settlements and fulfillment of other obligations of the transaction) of the smart contract from the foreign trade agreement in electronic form are given. There has been proposed the author’s vision of the future development of the subject structure of currency control and made an attempt to determine the direction of further reform

scholarly journals Issues of the Development of Environmental and Natural Resource Laws of the Russian Federation in View of Modernization of Functioning of Public Government

2021 ◽  
Vol 1 ◽  
pp. 14-18
Author(s):  
Vladimir N. Kharkov ◽  
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Well Being ◽  
Environmental Safety ◽  
Nature Management ◽  
Public Authorities ◽  
Environmentally Sustainable ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government

Based on the analysis of the norms of the Russian Constitution in the context of the 2020 amendments aimed at modernizing the functioning of public authorities, the article considers topical issues of the development of constitutional principles of environmental protection and nature management in the light of problems of ensuring environmental safety and environmental well-being of Russian citizens; the article considers promising areas of legal support for environmentally sustainable development, one of which should be the consolidation of the responsibility of the Government of the Russian Federation to ensure effective activities in the field of environmental protection and nature management, which will contribute to the achievement of the national goals of environmental development.

Competition of Tariff Regulation Models: Results of a Critical Analysis of the Draft Federal Law “On the Foundations of State Regulation of Prices (Tariffs)”

2022 ◽  
pp. 34-45
Author(s):  
I. V. Bashlakov-Nikolaev
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Alternative Model ◽  
State Regulation ◽  
Federal Law ◽  
General Part ◽  
The Russian Federation ◽  
The Government ◽  
Key Aspects ◽  
Simultaneous Adoption

The key aspects of the draft federal law “On the fundamentals of state regulation of prices (tariffs)” submitted by FAS Russia to the Government of the Russian Federation on June 8, 2021 following the discussion of this draft law by the working group on the implemen- tation of the “regulatory guillotine” mechanism were considered.This draft law is an attempt to form the general part of the tariff legislation of the Russian Federation.The article also discusses an alternative model for regulating issues related to the setting of prices (tariffs) — the codification of tariff legislation, which would take into account both general and specific or industry-specific components of tariff regulation.As the most preferable solution to the problems considered in the article, the author proposes the simultaneous codification of competitive and tariff regulation, the result of which should be the simultaneous adoption of the Competition Code and the Tariff Code of the Russian Federation.

Institutional and legal reforms aimed at increasing the export competitiveness of Russian goods and overcoming restraining restrictions

2019 ◽  
Author(s):  
Гульнара Ручкина ◽  
Gul'nara Ruchkina ◽  
Максим Демченко ◽  
Maksim Demchenko ◽  
Светлана Дахненко ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Scientific School ◽  
Economic Relations ◽  
Legal Reforms ◽  
Legal Nature ◽  
Export Competitiveness ◽  
The Russian Federation ◽  
The Government

The monograph is based on the results of research of the scientific school of the Financial University under the Government of the Russian Federation "State regulation of entrepreneurial activity", carried out at the expense of budgetary funds under the state task of the Financial University under the Government of the Russian Federation for 2018. The article is devoted to the development of practical recommendations of institutional and legal nature aimed at improving the export competitiveness of Russian goods and overcoming restraining restrictions. Contains scientific and practical proposals aimed at improving the export competitiveness of goods of the Russian Federation; factor matrix, including a description of the legal, institutional and administrative barriers to the export of Russian industrial products; proposals to improve the system of export support in the Russian Federation, geographical and sectoral diversification of international trade and economic relations and proposals for the participation of the Russian Federation in the concept of "goods of the EAEU", taking into account the implementation of the project "Made in Russia". It is intended for teachers, students and anyone interested in improving the export competitiveness of Russian goods and overcoming constraints.

scholarly journals Perception by Russian citizens of the Government of the Russian Federation D. A. Medvedev 2018-2020: political and psychological analysis

2020 ◽  
Vol 6 (3) ◽  
pp. 218
Author(s):  
Vera V. Vagina
Keyword(s):  
Russian Federation ◽  
Political Development ◽  
Current Model ◽  
Visual Component ◽  
Psychological Analysis ◽  
The Media ◽  
The Russian Federation ◽  
The Government ◽  
Psychological Knowledge ◽  
Political Perception

Currently, one of the relevant areas of political and psychological knowledge is the study of the content component of the images of power. The author in this article analyzes the image of the Government of the Russian Federation that has developed in the minds of Russian citizens. The image of power is the result of political perception, the formation of which is influenced by a combination of various factors: object, subjective, temporal, spatial, communicative. The theoretical basis of the study is the theory of political perception. The process of political perception is complicated by the fact that the individual’s attitude to power and its activity is formed not only as a result of access to the media, but also based on stereotypes inherent in the mass consciousness and based on the experience of the individual’s interaction with the government. The empirical basis was the data obtained as a result of a study aimed at studying the image of the Government of the Russian Federation in the minds of Russian citizens. The author of the article revealed some features of the perception of the Government of the Russian Federation by Russian citizens, for example, such as increasing the emotional level of perception and rejection of the current model of interaction in the "power-society" system, the need of citizens in a high-quality dialogue with a political institution. The article analyzes in detail the visual component of the image of government, as well as the subjective and objective factors that determine the process of political perception. The author comes to the conclusion that in the current realities of the political development of our country, there is some contradiction in the “power-society” system: even though confidence in power is declining, society is ready to compromise and dialogue.

scholarly journals Possible export development scenario of agricultural products of Russia

2020 ◽  
Vol 9 (28) ◽  
pp. 439-450
Author(s):  
Alexander Sergeevich Baleevskikh ◽  
Marat Mirsayafovich Galeev
Keyword(s):  
Russian Federation ◽  
Commodity Markets ◽  
State Regulation ◽  
Balance Of Payments ◽  
Agricultural Products ◽  
Agricultural Exports ◽  
Food Industries ◽  
The Russian Federation ◽  
The Government

In modern conditions of constantly arising global economic risks, which sharply affect the development of world commodity markets, the role of developing its non-resource exports is increasingly becoming more visible in strengthening the economy of the Russian Federation. This study poses a question and proposes a scenario for improving the country's balance of payments based on increase in Russian food exports. The importance and necessity of solving this issue is reflected in the Message of the President of the Russian Federation of February 20, 2019 and his instructions to the Government of the country. In this regard, the purpose of the study was to consider and forecast possible scenarios for the implementation of approved plans for the development of agricultural exports. Achieving this goal several interrelated tasks had been solved: 1) identifying the ratio of export and import of agricultural products in the Russian Federation; 2) analysis the structure of export agricultural products; 3) forecasting the real possibilities of achieving the target indicators for the export of agricultural products, as well as the processing and food industries; 4) the proposal of options for improving the system of state regulation of agricultural exports or its elements. The result of the study was the confirmation of hypothesis that state regulation of agricultural exports is, in general, effective.

Legal nature of the Russian development institutions

2020 ◽  
Vol 22 (2) ◽  
pp. 6-9
Author(s):  
MAXIM S. SAFONOV ◽  
Keyword(s):  
Russian Federation ◽  
Public Law ◽  
State Regulation ◽  
Legal Form ◽  
Legal Entity ◽  
Legal Nature ◽  
Development Institutions ◽  
The Russian Federation ◽  
Almost All ◽  
Development Institution

In the article, development institution is considered from its legal form and nature, in which it can and should carry out its activities, namely, as a subject of public law. The relevance of this article is expressed by the introduction in the Russian law of a public law company concept, which is a new alternative to state-owned corporations. On July 3, 2016, Federal Law No. 236- FZ “On Public Law Companies in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation” (with amendments and additions) was adopted. After its adoption, a new wave of discussions began to take place on the active use of such concepts as a legal entity of public law in Russian legislation. At the legislative level, it became necessary to implement general principles regarding legal entities of the same type in the framework of the legal matrix, into which it is possible to attribute all known subjects of law. The special legal nature of development institutions requires a particular legal form that would meet the goals and objectives set for them. The use of almost all the provisions of the legal entity of public law theory, in modern practice, can be the correct decision to create the necessary legal form for development institutions. This will allow taking into account the features of the property base of their activities, peculiarities of management of the development institution, setting goals when making decisions, the ability to use specific tools of state regulation of economy in the implementation of public functions assigned to the development institutions.

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