scholarly journals Legal Support for the Work Organization of a Closed Administrative and Territorial Unit Prosecutor’s Office

2020 ◽  
Vol 15 (1) ◽  
pp. 161-167
Author(s):  
A. V. Elkina ◽  
A. A. Tyuvin
Keyword(s):  
Work Organization ◽  
Legal Regulation ◽  
Scientific Interest ◽  
Territorial Unit ◽  
Work Functions ◽  
State Functions

The relevance of this topic lies in the fact that there is a demand for scientific interest in organizing the work of state bodies that ensure the legality and protection of citizen’s rights. The prosecution authorities play an important role in the implementation of state functions. In addition, in the course of prosecutors’ activities implementation there has been a violation of the prosecutors’ work functions and organization. The optimization of the work of the prosecution authorities of the Closed Administrative Territorial Unit (ZATO) is of the utmost importance, the level of the implementation of the functions by the prosecution authorities and the results of the work depend on how efficiently the department will be optimized. It seems possible to optimize the work of the ZATO prosecutor’s office through a detailed legal regulation of its activities. The paper discloses the legal and scientific regulation of the activity of the ZATO prosecutor’s bodies, formulates suggestions for improving the current legislation.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals Legal Responsibility in Civil Society

2018 ◽  
Vol 5 (1) ◽  
pp. 73-80
Author(s):  
A A Uvarov ◽  
A A Uvarov
Keyword(s):  
Civil Society ◽  
Legal Liability ◽  
Legal Regulation ◽  
Business Community ◽  
Legal Responsibility ◽  
Political Responsibility ◽  
Positive Potential ◽  
Distinctive Features ◽  
Legal Effect ◽  
State Functions

The article discusses the various types of content and legal liability in civil society. In the analysis of the concept of positive responsibility points to the fallacy of its identification with a political responsibility. The legal effect of a positive responsibility can be interpreted as a principle or interest, which are designed to provide not only the rights and freedoms, but also the interests of citizens. It draws attention to the feature of responsibility to the state business community, which is sometimes interpreted broadly as a social responsibility, and in practice is often associated with the violation of the rights of business structures.The article proposes to eliminate the legislative gap regarding the responsibility of the representative body of local self-government to the population by including the relevant provisions on the use of a population of mandatory and advisory forms of responsibility to this body. Describing the action of public and corporate inf luence on violators of the relevant social norms, the authors show their distinctive features, highlighting the proactive, preventive nature of these measures with respect to measures of legal liability, the applicable public authorities.In conclusion, we discuss the various purposes of legal liability in civil society, draws attention to the ambiguity of the positive potential of the empowerment of civil society at the expense transferred by it of certain state functions, as outside the legal regulation remain many questions about the conditions and the adoption of these structures sometimes their illegal decisions.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals Public administration as an object of administrative and legal regulation

2020 ◽  
Vol 3 (3) ◽  
pp. 65-72
Author(s):  
Yuriy Payda
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Central Executive ◽  
The State ◽  
Local State ◽  
Executive Power ◽  
The Public ◽  
Head Of State ◽  
Territorial Unit ◽  
State Administration

The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.

New Religious Movements in a Secular State

2020 ◽  
Vol 11 (1) ◽  
pp. 107
Author(s):  
Maria Sergeyevna LAVRRENTIEVA ◽  
Mikhail Mikhailovich TURKIN ◽  
Evgeny Sergeevich KUCHENIN ◽  
Maria Alexandrovna VOLKOVA ◽  
Alla Efratovna ZOLOTAREVA
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Religious Movements ◽  
New Religious Movements ◽  
Public Servants ◽  
Religious Associations ◽  
The Church ◽  
State Functions ◽  
Secular State

The research analyzes problems associated with new religious movements in a secular state, using the example of the Russian Federation. It has been established that a state in which religion and the state are separated from each other is recognized as secular. The state and state bodies are separated from the Church and religious associations and do not interfere with their activities. In turn, the latter do not interfere with the activities of the state and state bodies. A secular state implies: the absence of any religious authority over state bodies, the inadmissibility of the performance of any state functions by the Church or its hierarchs; the absence of compulsory religion for public servants and authorities; the state's non-recognition of the legal significance of Church acts and religious rules as sources of law; the state's refusal to finance the expenses of any Church or religious organization. The purpose of this article is to review, define, and comprehensively analyze the legal regulation of new religious movements in Russia, as well as to determine the legal status of these organizations, their activities and relationships with the state and state bodies.

scholarly journals Criteria for Selecting Members of Municipal Public Chambers and Councils in Russia and Economic, Social and Environmental Councils in France

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 149-159
Author(s):  
M. A. Kokotova
Keyword(s):  
Local Governments ◽  
Local Community ◽  
Social Economic ◽  
Local Population ◽  
Legal Regulation ◽  
Alternative Methods ◽  
Local Resident ◽  
Advisory Body ◽  
Territorial Unit ◽  
The City

he paper considers the goals implemented in the legal regulation of the formation of public chambers (councils) inArkhangelsk, Barnaul, Volgograd, Yekaterinburg, Surgut (Russia) and social, economic and environmental councils of the Auvergne-Rhone-Alpes, Hauts-de-France, New Aquitaine, Brittany, Normandy regions (France). It is suggested that the main possible goals are to ensure that citizens represent their interests and the city authorities receive assistance from citizens when solving their tasks. There is a similarity between the requirements for candidates for membership in Russian public chambers and French social, economic and environmental councils (the need for representation of those whose lives depend on the level of development of the territorial unit in which the Advisory body operates; the ban on membership for those having been involved in offenses; the need for representation of public organizations). The requirements, both identical and different, are primarily aimed at ensuring the representation of the local population. At the same time, the French legislature sets a requirement for mandatory representation not of any local resident, but of particular groups defined for various reasons and a certain numerical ratio of representatives of these groups. As for the formation procedure, the composition of the considered Russian Advisory bodies is determined by local self-government bodies, while the French ones are determined by state authorities, besides local organizations are involved both in Russia and France. This procedure (as well as part of the requirements for candidates) is aimed at selecting individuals who are qualified enough to help local governments in the implementation of their functions, in case there are guarantees that these individuals will be representatives of the local community. At the same time, it is stipulated that elections are not the only way to ensure the representation of citizens; alternative methods include, in particular, the division of members of the Advisory body into groups based on the categories of the population they represent, provided for in the French law. 

PROPERTY RELATIONS IN ENGLAND: THE LEGAL REGULATION OF RESPONSIBILITY FOR CRIMES IN THE SPHERE OF REAL ESTATE

2021 ◽  
Vol 14 (2) ◽  
pp. 186-191
Author(s):  
INESSA PETROVA ◽  
Keyword(s):  
Northern Ireland ◽  
Real Estate ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Interest ◽  
England And Wales ◽  
Property Relations ◽  
Legislative Regulation ◽  
Shared Ownership

The article presents the results of the study of property relations in the field of real estate, which allowed us to reveal the features of the typology and classification of real estate in England, shared ownership and ownership, the procedure for making transactions with real estate. The article considers the legislative regulation of relations in the field of real estate in England and Wales, where there are laws that differ for historical reasons from the laws of Scotland and Northern Ireland, and provides examples of criminal encroachments on property. The content of the presented material is informative, is of a certain scientific interest, since only authentic sources are used in writing the article, and also has signs of practical significance and novelty.

scholarly journals The Planned Legal Regulation of The Eu’s Post-2020 Development Policy – or An Assassination Against the Countryside

2019 ◽  
Vol 11 (1) ◽  
pp. 162-177
Author(s):  
István Finta
Keyword(s):  
European Union ◽  
Development Policy ◽  
Legal Regulation ◽  
Core Values ◽  
Basic Question ◽  
The European Union ◽  
Territorial Unit ◽  
Territorial Approach ◽  
Fundamental Values ◽  
The Eu

Abstract The European Union is a representative and guardian of fundamental values that secure the guarantees of the democratic functioning of the Member States. One of the core values of the European Union and of democracy is the rule of law, which includes, inter alia, the compliance of any interference with the law and the primacy of higher laws. The basic question is whether these core values are binding on the EU legislator itself as well? In this context, further questions can be raised such as whether the territorial approach inherent in Article 174 of the Treaty, which is the basis of the European Union’s operation, to what extent it prevails in EU law? How the countryside, as a territorial unit deserving particular attention, does appear in legislation and in EU development policy? Does the legislator strive to enforce the fundamental goals set out in the Treaty – such as strengthening cohesion, mitigating territorial differences? The paper seeks to address these issues primarily on the basis of an assessment of the EU draft legislation for the post-2020 period.

scholarly journals COMPARATIVE LEGAL ANALYSIS OF THE CONCEPT OF SALARY IN THE RUSSIAN FEDERATION AND OTHER COUNTRIES OF THE COMMONWEALTH OF INDEPENDENT STATES

2016 ◽  
pp. 0-0
Author(s):  
Найра Абузярова ◽  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Comparative Method ◽  
Legal Aspect ◽  
Work Organization ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Commonwealth Of Independent States ◽  
Independent States ◽  
The Russian Federation ◽  
Cis Countries

Market relations have led to substantial changes in wages, the mechanism of legal regulation of remuneration has changed significantly, and there are many difficulties and problems, unresolved issues. In this regard, according to the author’s intention, the article determines the legal regulation of wages in comparative-legal aspect, analyzes the concept, nature and the general state of wages in Russia and other CIS countries, taking into account the principles of work organization, consistently analyzes the shortcomings of remuneration of labour in Russia, because wages are still undergoing through some turmoil (unjustified super-differentiation in wages, low level of wages of most workers and the minimum wage). The aim of this work is the study of the legislative regulation of wages, development of recommendations on improvement of certain provisions on payment for labour in the Russian Federation. Taking into account the fact that in the wage regulation in the labor code and the labor codes of other countries of the Commonwealth of Independent States (CIS) there are many achievements and successful solutions to many pressing issues of remuneration, and also the fact that that the application of the comparative method allows identification of existing problems and contradictions, the article studies the most important areas of restructuring of the legal organization of wages in the Russian Federation and other CIS countries, as one of the key regulators of the market economy.

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