scholarly journals National and Ethnic Enclaves in the Modern World: Nature, Regulatory Instruments (Public Law Aspect). Part 2

Lex Russica ◽  
2021 ◽  
pp. 44-57
Author(s):  
I. V. Irkhin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Cultural Policy ◽  
Legal Regulation ◽  
Public Law ◽  
Host Community ◽  
Modern World ◽  
Ethnic Enclaves ◽  
Regulatory Instruments ◽  
The Russian Federation

As part of the study, the author has carried out the analysis of the problems of the risks of emergence of enclaves and defined the immanent threats, including enclavization (the phenomenon of “proto-enclave”) of the territories of some of the largest Russian urban agglomerations. The paper explores actual public law approaches to preventing the formation of national-ethnic enclaves in the Russian Federation (at national and regional levels of legal regulation) and suggests proposals for optimizing relevant approaches. The author substantiates the necessity of developing a comprehensive federal strategy of a framework nature covering the issues of spatial development, economy, social sphere, migration, demography, interethnic, interfaith, cultural policy. In order to implement a dispersed method of national-ethnic groups resettlement, based on the study of the experience of Sweden and Denmark, a position is argued about the rationality of expanding the scope of powers of local governments in the field of registration of migrants, normative fixation of the possibility of migrants living within specific municipalities (several specific municipalities). The author proposes to create unified centers for the distribution (location) of migrants, authorized to issue referrals to work in specific municipalities, taking into account their requests (needs) for a given workforce and reasons for the impossibility of attracting citizens of the Russian Federation living within specific municipalities to the relevant vacancies. Attention is drawn to the need to develop an integrated information resource on vacancies for migrants and on housing options available to them. The author emphasizes the importance of raising the qualification (competence) requirements for the profession and education of migrants, their relationship with integration of migrants into the host community, minimizing the risks of radicalization of the socio-cultural environment of migrant groups.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals Political and Legal Regulation of the Russian Federation Subjects Participation in International and Foreign Economic Relations

2021 ◽  
Vol 21 (4) ◽  
pp. 23-32
Author(s):  
E.B. Mikhaylenko ◽  
◽  
T.V. Verbitskaya ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Public Law ◽  
Economic Relations ◽  
International Activity ◽  
The World ◽  
The Russian Federation

Russian Federation constituent entities on the world stage through the implementation of international and foreign economic relations are studied. It is established that political and public law relations to regulate the Russian Federation subjects’ international activity are actively developing in the context of increasing volume of Russian Federation subjects international and foreign economic relations.

scholarly journals PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Municipal Government ◽  
State Power ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Power ◽  
Public Control ◽  
The Russian Federation

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

scholarly journals Challenges to ensuring the national security of the Russian Federation

2021 ◽  
pp. 30-39
Author(s):  
А.К. Илембетов ◽  
С.А. Комаров
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Modern World ◽  
The Subject ◽  
The Russian Federation

Аннотация. В данной статье рассматриваются вопросы, затрагивающие правовое регулирование в сфере обеспечения национальной безопасности Российской Федерации. Дается изложение таких понятий как: предмет, объект, задачи и цели в обеспечении национальной безопасности Российской Федерации, обосновывается идея о том, что национальная безопасность Российской Федерации надёжно обеспечивается только при повышении устойчивости страны к внешним и внутренним угрозам, что без приспособления к экономическим, политическим, военным угрозам современного мира, невозможно обеспечить безопасность государства. This article discusses issues affecting legal regulation in the field of ensuring the national security of the Russian Federation. An outline of such concepts as the subject, object, tasks and goals in ensuring the national security of the Russian Federation is given, the idea is substantiated that the national security of the Russian Federation is reliably ensured only with an increase in the country's resistance to external and internal threats, which without adaptation to economic, political, military threats of the modern world, it is impossible to ensure the security of the state.

Amendments to the Constitution of the Russian Federation: Dictated Necessity and Consequences in the Conditions of the Modern World

2021 ◽  
Author(s):  
V.V. Chuksina ◽  
◽  
K.A. Mirvoda ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Russian Federation ◽  
Local Governments ◽  
Health Care Systems ◽  
Modern World ◽  
Depth Analysis ◽  
Care Systems ◽  
The Russian Federation ◽  
The Impact

The subject of this article is Law of the Russian Federation on Amendments to the Constitution of the Russian Federation (14.03.2020 No. 1-Federal Constitutional Law) «On improving the regulation of certain issues of the public power organization and functioning», namely, aspects of «coordination of health care» and «protection of the family, motherhood and childhood». The authors analyzed the issues of the medical care provision centralization, the impact of these amendments on the legal capacity of citizens. For a more in-depth analysis, the experience of foreign countries (Canada and Germany) was used. Despite the fact that the health care systems of the countries cited as an example differ in their essence and organization, nevertheless, they influence the formation of the availability of medicine for the population. As a result of the study of this experience, it was concluded that the delegation of freedom in the provision of medical care to lower levels of government allows to provide to the population affordable and high-quality medical care. It is noted that at present it is necessary to review the degree of participation of local governments in ensuring the availability of medical care in accordance with the federal law.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

scholarly journals DIFFERENTIATION OF POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENTS IN THE CONTEXT OF SUSTAINABLE TOURISM

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 240-248
Author(s):  
Chebotareva I.A., ◽  
◽  
◽  
◽  
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Sustainable Tourism ◽  
Tourism Development ◽  
Legal Regulation ◽  
Tourism Industry ◽  
Synthesis Methods ◽  
Sustainable Tourism Development ◽  
Tourism Sector ◽  
The Russian Federation

This article provides the first legal justification for the thesis that involvement of regional authorities in development of the tourism industry is an international obligation of the Russian Federation in the field of sustainable tourism development. The key to its effective implementation should be a differentiated legal regulation of the powers of state bodies at various levels. In the study of the powers of the Russian Federation and its subjects in the field of sustainable tourism development, analysis and synthesis methods were used, as well as a combination of comparative and formal legal methods. The study revealed legislative separation of competencies and powers between the Russian Federation and its entities in the tourism sector does not fully comply with international obligations of the state. The concentration of “tourist” powers in the hands of the federal authorities will not allow achieving the Sustainable Development Goals in the tourism sector of the economy, and also significantly reduces effectiveness of state tourism policy.

scholarly journals TRANSPARENCY OF PUBLIC AUTHORITIES OF THE REPUBLIC OF CRIMEA IN THE CONDITIONS OF THE INFORMATION-ORIENTED SOCIETY

2020 ◽  
pp. 57-74
Author(s):  
Vladimir T. Kabyshev ◽  
◽  
Tamara V. Zametina ◽  
Elena V. Kombarova ◽  
◽  
...  
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Local Governments ◽  
Liberal Arts ◽  
Legal Regulation ◽  
Public Authorities ◽  
The Public ◽  
The Russian Federation ◽  
The Republic ◽  
State And Local

The problems of transparency as an economic, social, political and legal phenomenon attract the attention of scientists in various fields of liberal arts - economics, sociology, political science, and jurisprudence. In this article, the authors are primarily interested in legal and political aspects of this phenomenon, since the current Constitution of the country pays considerable attention to the issues of democratic organization of power and the institutions of participation of citizens in the management of state affairs. Describing the real state of transparency in the public authorities of the Republic of Crimea, both static (institutional, organizational) and dynamic (functional, procedural) aspects of this phenomenon are taken into account. The current Constitution of the Russian Federation 1993 does not have the concept of "transparency". The analysis of Russian legislation shows that the principle of transparency, even without being enshrined at the highest constitutional level, has been adequately reflected in federal laws and other regulations. Legislatively enshrined transparency, openness, publicity, accessibility of information together create a regime of transparency of the activities of the three branches of state and local government, ensure the access of citizens to information and determine the forms of interaction and cooperation of citizens and power institutions in this area. The authors emphasize that the principle of transparency plays an important role in the system of principles of the organization and functioning of the public authorities of the modern democratic state. Its further legislative development will promote the confidence of citizens in public authorities, establish the dialogue between the state and civil society, and strengthen anti-corruption measures. Legal regulation of openness, publicity, accessibility of information about the activities of public authorities is carried out within the framework of several legislative acts ("On the media," "On ensuring access to information on the activities of state and local governments" and others). It seems appropriate not only to generalize these norms but also to include other ones developing this institution within the framework of a single federal law on the transparency of state authorities in the Russian Federation. The authors believe that we need the measures to improve the effectiveness of the institu-tion of transparency, including, for example, the consolidation of criteria (indicators) of trans-parency of public authorities The study of the principle of transparency of public authorities in the Republic of Crimea shows that the new subjects of the Federation have created legal and organizational conditions for the implementation of the principle of transparency. Though, there are some problems including the lack of developed and accessible telecommunication infrastructure, the orienta-tion of the Crimean providers to Ukraine, formalism in the consideration of citizens' appeals, not always prompt and objective information about the activities of the authorities of the new subjects of the Russian Federation, the need to ensure information security, the development of cooperation between Crimean and foreign organizations in the field of information and communication technologies.

scholarly journals Comparison of approaches to legal regulation of e-commerce in the BRICS countries

2020 ◽  
Vol 4 (1) ◽  
pp. 42-53
Author(s):  
Evgenia Serova
Keyword(s):  
South Africa ◽  
Electronic Commerce ◽  
Russian Federation ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Research ◽  
Republic Of China ◽  
Brics Countries ◽  
The Russian Federation ◽  
The Republic

The article examines the importance of e-commerce in the modern world, as well as the level of its development and legal regulation in the BRICS countries. The author studied the problems of functioning of international electronic commerce during the 2020 coronavirus pandemic. For the purpose of comparative legal research, the legislation on electronic commerce of the Russian Federation, the People’s Republic of China, Brazil, India, and the Republic of South Africa was considered. In the course of the study, it was concluded that the existence of a single normative act regulating exclusively legal relations within the framework of electronic commerce was the most effective way of legal regulation in this area.

scholarly journals National and Ethnic Enclaves in the Modern World: Nature, Regulatory Instruments (Public Law Aspect). Part 1

Lex Russica ◽  
2021 ◽  
pp. 39-51
Author(s):  
I. V. Irkhin
Keyword(s):  
Host Community ◽  
Modern World ◽  
Ethnic Enclaves ◽  
Social Environments ◽  
Way Of Life ◽  
Guiding Principle ◽  
National Minorities ◽  
Economic Production ◽  
Regulatory Instruments ◽  
Migrant Groups

National and ethnic enclaves constitute one of the forms of "parallel spaces" materialization (In the entire palette of inherent properties) and, therefore, it is legitimate to qualify them as a unique practice of refraction of the concept of multiculturalism. Historical experience has shown that the presumption of mutual desire for integration based on the recognition of the concept of multiculturalism as a guiding principle of relations (primarily in relation to European states and migrant groups within their borders) did not justify itself due to insufficient consideration of the entire scope of influencing factors (risks). On this basis, the author emphasizes the importance of applying an approach the structure of which includes differentiated complex methodological formulas (political and legal, socio-economic, national-cultural) that encourage harmonization of "foreign" authentic cultures (including religious practices, behavioural patterns in the framework of social environments) with a dominant and historically determined culture of the host community with the recognition of the primacy of its culture (including a heterogeneous nature).Enclaves are viewed as a spatial-geographical and socio-institutional phenomenon. The spatial and geographical component reflects the infrastructure landscape of the enclave, including the inherent economic, production, and environmental features in certain geographical coordinates (at the location). A socio-institutional variable characterizes a community that has appeared and functions by virtue of and within certain groups of co-identity parameters (national, religious, linguistic, legal (usually legal), etc.), emphasizes its inherent connections (internal and external). Under national-ethnic enclaves it is proposed to understand separate quasi-territorial formations, where, due to objectively forced conditions, national minorities (mainly migrant groups) live compactly (permanently or temporarily), adhering to an authentic way of life that differs from the generally accepted way (mainstream) in the host society. The paper highlights the characteristic imperative and optional features of enclaves, emphasizes the heterogeneous configuration of the social structure of enclaves, investigates the reasons for the formation and functions of ethno-national enclaves, identifies the similarities and differences between enclaves and ghettos and ethno-burbes.

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