scholarly journals Legal Regulation of Public Control Institution: International and Foreign Experience

2019 ◽  
pp. 155-171 ◽  
Author(s):  
V. V. Goncharov
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Control ◽  
Foreign Experience ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of ◽  
Control Institution ◽  
Goals And Objectives

The paper is devoted to the analysis of the limits and the possibility of using international and foreign experience of its organization and functioning in optimizing the institution of public control in the Russian Federation. The author defines the concept of public control in the Russian Federation. The necessity of using international and foreign experience in the organization and functioning of the institution of public control in the process of optimizing this institution of civil society in Russia in the following areas is substantiated: 1) regarding the formulation of the concept of the institution of civil society control over public authority; 2) in terms of its consolidation in regulatory legal acts; 3) by definition of its basic principles, goals and objectives; 4)on consolidation of the list of objects in respect of which control is exercised; 5) on the development and implementation of the main forms and methods of this control; 6) to institutionalize the diversity of its subjects, as well as their authority. In this regard, a number of amendments and additions to the current legislation of the Russian Federation regulating issues of public control are proposed. The author applies a number of methods of scientific research, in particular: historical, comparative legal, and formal logical analysis. This will not only solve modern problems that arise during the organization and functioning of public control in the Russian Federation, but also ensure its full development as a promising civil society institution. The paper proposes a number of changes and additions to the current legislation of Russia, regulating issues of public control. The results can be used both in educational and scientific, and in practical activities, including in lawmaking.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

scholarly journals Joint-stock companies as an object of public control in the Russian Federation

2020 ◽  
pp. 102-111
Author(s):  
Konstantin Valer'evich Vostrikov ◽  
Yatsek Zalesny ◽  
Ivan Sergeevich Pavlov ◽  
Sergei Vital'evich Skladchikov ◽  
Denis Dmitrievich Oblogin ◽  
...  
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Public Authorities ◽  
Public Control ◽  
Wide Range ◽  
Original Definition ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
State And Local ◽  
Definition Of

This article is dedicated to the study of possibility of attribution of the joint-stock companies to the objects of public control in the Russian Federation. The authors believe that the institution of public control manifests as the key legal guarantee for the implementation, protection and defense of the constitutional principles of democracy and public participation in administration of state affairs. However, the implementation of this civil society institution is accompanied by numerous problems, one of which is the definition of the concept and the list of objects of public control. In this regard, the authors explore various approaches towards the question of attribution of joint-stock companies to objects of public control. The article formulates and substantiates the original definition of the concept of “public authorities”, which imply not only authority of the state and local self-governance, but also as the combination of such rights of separate subjects of law, the realization of which directly affects the mechanism of implementation, observation, protection and defense of the rights, freedoms and legitimate interests of a wide range of citizens of the Russian Federation, foreign citizens, stateless persons, legal entities, as well as public authority bodies, including local self-governance. Therefore, it appears that joint-stock companies should be classified as a variety of the objects of public control. However, the possibility of organization and implementation of public control over their activity requires introducing certain amendments to the current legislation.

scholarly journals Judicial Authorities as an Object of Public Control in Russia: Constitutional Law Aspects

2021 ◽  
Vol 1 ◽  
pp. 15-21
Author(s):  
Marina S. Savchenko ◽  
◽  
Svetlana A. Kuemzhieva ◽  
Vitaliy V. Goncharov ◽  
◽  
...  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Law ◽  
Comparative Law ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Public Control ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

This article is devoted to the constitutional and legal analysis of the judiciary as an object of public control in the Russian Federation. Object of research: public relations related to the organization and implementation of public control in the Russian Federation. Subject of research: the current legislation regulating both the organization and implementation of public control, and the formation and functioning of judicial authorities in Russia, as well as the Russian legal doctrine in the field of organization and implementation of public control in relation to the activities of courts. The article develops and substantiates the author’s definition of public control in the Russian Federation. The author substantiates the system of measures necessary to ensure the full organization and implementation of public control over the judiciary in Russia. This article uses a number of methods of scientific research, in particular: analysis; synthesis; historical; comparative law; classification; modeling.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

POTENTIAL OF BANK CURRENCY TRANSACTIONS WITH CRYPTOCURRENCY IN RUSSIA

2021 ◽  
Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова
Keyword(s):  
Russian Federation ◽  
Banking System ◽  
Legal Regulation ◽  
Actual Problem ◽  
Digital Currency ◽  
Russian Economy ◽  
The Russian Federation ◽  
Definition Of

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

scholarly journals Evaluation of the Governmental Agency Effectiveness in the Russian Federation

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 68-76
Author(s):  
S. A. Lubennikova
Keyword(s):  
Russian Federation ◽  
Subject Matter ◽  
Methodological Approach ◽  
Social Indicators ◽  
National Level ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Russian Federation

The article is devoted to topical issues of determining the effectiveness of the work of governmental agencies in the Russian Federation. The relevance of the study’s subject matter is determined by the lack of comprehensive examination of the subject matter from the perspective of methodology and practice. Public authorities’ activities in the Russian Federation are changing acquiring new qualities. Thus, clear and uniform criteria for their assessment are necessary. Evaluation criteria should be closer to social indicators and should meet the demands of society. The author analyzes the normative-legal regulation of this issue. to this end, the paper provides examination of the Decrees of the President of the Russian Federation that have been issued since 2007 to establishing indicators for assessing the effectiveness of the activities of the executive authorities of the Russian Federation. It is possible to observe a constant change in the methodological approach to the number, formulation and content of the criteria for assessing the effectiveness of the executive authorities of the constituent entities of the Russian Federation. Between 2007 and 2012, the evaluation criteria were based on public control over the public services effectiveness exercised by citizens. Currently, the approach has changed — public control has been removed from the system under consideration and is now governed by a separate regulatory act. For the first time, to recognize executive authorities’ activities as effective the determination of the level of evaluation criteria to be met by executive authorities is used.The normative regulation of the evaluation of the effectiveness of the executive power at the federal level is also investigated. At the national level there is no any regulatory framework for assessing the activities of federal executive authorities of the Russian Federation. The author draws conclusions about the lack of a uniform approach to the evaluation of governmental authorities’ activities at both federal and regional levels. The conclusions can be used in law-making activities of state bodies.

scholarly journals Constitutional and legal analysis of assessing the effectiveness off the formation and functioning of public control in Russia

2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Russian Federation ◽  
Practical Implementation ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Foundations ◽  
The Russian Federation

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  

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