Some Issues of Territorial Organization of State Power in Constituent Entities of the Russian Federation

Author(s):  
A. N. Rykov

The article deals with the composition of territories and boundaries of administrative-territorial units, and the analysis carried out by the author leads to the conclusion that in contemporary Russian legal reality differences between the municipal-territorial and administrative-territorial organization of a constituent entity of the Russian Federation are formal and, to a certain degree, artificial. However, at the same time, when defining a number of the most important issues of human life as a circle of tasks being solved at the level of local self-government, that is, in essence, relying on the constitutional understanding of local self-government and offering residents (citizens) to decide for themselves, the federal legislator does not provide local people with the mechanisms of implementation of their right to local self-government, as well as it does not vest necessary powers in local self-government bodies. Territorial subdivisions of government bodies exercising their powers in the territories of municipalities are not accountable to the bodies of local self-government. The general conclusion is that, formally, the public authority in a municipality belongs to its inhabitants and is implemented by them through local self-government, and, in fact, it is exercised by local state bodies that exist in the state of "separation" from local residents.

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.


2020 ◽  
Vol 36 (4) ◽  
pp. 80-85
Author(s):  
S. N. Keramova ◽  

The article discusses the issues of combating corruption in the field of public service in the Russian Federation and foreign countries. The reasons for the commission of corruption offenses by civil servants are studied. The article analyzes the administrative and legal means of combating corruption in the sphere of state power. The main directions of the fight against corruption in the Russian Federation are shown. The experience of foreign countries in the fight against corruption is characterized. It is said that in some states the fight against corruption has become a direction of domestic policy. Attention is drawn to the problems associated with corruption in the sphere of public service in Russia. The imperfection of the legal framework of the Russian Federation regulating the sphere of corruption is highlighted as the most important problem. The author analyzes the laws with the help of which it is possible to most effectively resolve the problems arising in this area. Conclusions are made about the prospects for improving measures to combat corruption of civil servants based on the experience of foreign countries.


2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Diana Rustеmovna Fatikhova ◽  
Elmira Mansurovna Ziiatdinova

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.


2021 ◽  
Vol 1 ◽  
pp. 39-44
Author(s):  
Sergey A. Tatarinov ◽  

In this article the author considers new amendments to the Constitution of the Russian Federation, which covers legal, organizational ant competence basis of the functioning of the Constitutional Court of the Russian Federation. The particular attention is paid to such questions as changes of its structure, powers and its influence, passed judgments on legislature and legal practice of the public authority. The author analyses debatable aspects on realization of constitutional innovations , which should be considered when elaborating new legislation on constitutional justice.


2021 ◽  
Vol 17 (3) ◽  
pp. 23-31
Author(s):  
I. A. Nesterenko ◽  
D. Yu. Mikheev

The article discusses the concept and content of the right of legislative initiative of local self-government bodies in the legislative (representative) body of State power of the constituent entity of the Russian Federation, as well as the peculiarities of the exercise of this right by representative bodies of municipalities in Novosibirsk oblast. It has been concluded that the municipal representative body has both the general right of legislative initiative, which gives it the legal capacity to exercise this right in any manner prescribed by law, and the exclusive right, allowing municipalities to participate actively in improving the administrative and territorial organization of Novosibirsk Oblast. However, as the most numerous subject of the right in question, they do not make sufficient use of this instrument of influence on the socio-economic processes taking place in the region.


2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.


2020 ◽  
Vol 19 (4) ◽  
pp. 618-632
Author(s):  
A.S. Panchenko

Subject. The article addresses the public health in the Russian Federation and Israel. Objectives. The focus is on researching the state of public health in Russia and Israel, using the Global Burden of Disease (GBD) project methodology, identifying problem areas and searching for possible ways to improve the quality of health of the Russian population based on the experience of Israel. Methods. The study draws on the ideology of the GBD project, which is based on the Disability-Adjusted Life-Year (DALY) metric. Results. The paper reveals the main causes of DALY losses and important risk factors for cancer for Russia and Israel. The findings show that the total DALY losses for Russia exceed Israeli values. The same is true for cancer diseases. Conclusions. Activities in Israel aimed at improving the quality of public health, the effectiveness of which has been proven, can serve as practical recommendations for Russia. The method of analysis, using the ideology of the GBD project, can be used as a tool for quantitative and comparative assessment of the public health.


2020 ◽  
Vol 1 (6) ◽  
pp. 4-7
Author(s):  
B. Kh. ALIYEV ◽  

The article examines the current state of the fiscal policy of the constituent entity of the Russian Federation, which is a combination of diverse economic management measures based on the distribution and redistribution of financial flows. The analysis of fiscal policy on the example of the subject of the Russian Federation (Republic of Dagestan). The article outlines the problematic issues of the tax policy of the Republic of Dagestan and suggests ways to overcome the identified problems.


2020 ◽  
Vol 2 (5) ◽  
pp. 93-107
Author(s):  
L. I. PRONINA ◽  

The article discusses the realities of budget policy in 2020-2022. The article analyzes the anti-crisis programs of the government of the Russian Federation in connection with the 2020 pandemic and measures of social and economic support for the population and business at the Federal, regional and local levels of public authority. The structure and main content of the national plan for restoring employment and the economy in conjunction with the implementation of national projects are proposed.


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