scholarly journals On Redistribution of Powers between Local Self-Government Authorities and Government Authorities of a Constituent Entity of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 71-75
Author(s):  
Evgeniy Yu. Shagoyko ◽  
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Russian Federation ◽  
Federal Law ◽  
Local Authorities ◽  
Constituent Entity ◽  
The Russian Federation

The article examines and analyzes the practice of applying the provisions of the Federal Law No. 136-ФЗ of 27.05.2014 “On Amendments to Article 26.3 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Government Authorities of the Constituent Entities of the Russian Federation” and the Federal Law “On general principles of the organization of local government in the Russian Federation” regarding the redistribution of powers between local authorities and state authorities of a constituent entity of the Russian Federation; an attempt was made to formulate typical problems as a result of law enforcement in the specified area.

scholarly journals Communication Models of Local Self-Government as a Subject of Modern Russian Policy (Based on Local Self-Government Bodies of the Republic of Tatarstan)

2021 ◽  
pp. 246-254
Author(s):  
Galina Morozova ◽  
◽  
Diana Fatikhova ◽  
Elmira Ziiatdinova ◽  
◽  
...  
Keyword(s):  
Social Media ◽  
Local Government ◽  
Public Relations ◽  
Russian Federation ◽  
Local Governments ◽  
Local Authorities ◽  
Symmetrical Model ◽  
The Russian Federation ◽  
The Republic ◽  
The Government

Introduction. The article presents the results of a study of communication in the system of local self-government of the Republic of Tatarstan as a subject of the Russian Federation conducted by the authors in November – December 2019. The study included a survey of representatives of regional media and press services of local authorities of the Republic of Tatarstan in order to determine the model of communication in the local government system and the role of PR-activities in the regulation of social interaction in the region. Methods and materials. The main method of studying was the method of expert survey. The authors developed a questionnaire, which was used during an interview with experts. When choosing an expert – a media representative for the interview – the authors took into account three factors: the rating of the represented media, the experience of the respondent in the regional media (at least five years) and the authority to make a key decision on the publication of the material. In order to identify the experts who are representatives of local self-government bodies, the authors of the article determined the following criteria: implementation of information and analytical activities in the structure of local self-government bodies, at least 5 years of experience as a head of a structural unit (public relations / media relations department) of local self-government bodies. Analysis. The analysis showed that the development of social media accelerates the process of establishing a two-way model of communication between the government and the public. Social media have become a full-fledged source of information both for the journalistic community and for the press services of local governments. Moreover, with the help of the content posted in posts on official accounts on social networks, local governments can attract residents of the municipal territory to participate in solving local issues. Constant monitoring, responding to comments, tracking negative content on social media are becoming everyday practices in the work of press services. Results. The results of the study indicate that over the past decade in the Russian Federation the necessary prerequisites have been formed for the formation of a bilateral symmetrical model of communication between local authorities and the population. This model is aimed at providing effective feedback that allows the local government to quickly respond to the aspirations and needs of the population, monitor their dynamics, constantly monitor the attitude and assessments of citizens of decisions made on the development of the city or region.

scholarly journals Investigator’s covert-nature procedural activities

2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Cases ◽  
Criminal Intelligence ◽  
The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

Local government in Russia: de jure and de facto

2019 ◽  
Vol 5 (4) ◽  
pp. 103-121
Author(s):  
Olesya L. Kazantseva
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Great Influence ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
Russian State ◽  
Russian Constitution ◽  
Legal Competence ◽  
The Russian Federation

The analysis of the RF Federal Law of 6 October 2003 No 131-FZ, which enshrines the general principles of the organization of local self-government in the Russian Federation, demonstrates the consistent introduction of amendments aimed at restricting the autonomy of local self-government, which clearly contradicts the constitutional provisions on local self-government. In this regard, it seems necessary to determine the presence of the lower level of public authority (local self-government), for which it is necessary to reveal the conformity of the modern realities of local self-government with constitutional provisions and normative legal acts adopted for their development, that is, correlate de jure and de facto. The Constitutional Court of the Russian Federation, the highest constitutional justice body, has a great influence on the formation of local self-government in the Russian state. It forms the legal position on the organizational, legal, competence, territorial, financial and economic foundations of local self-government. In this regard, researchers are interested in the legal positions of the RF Constitutional Court regarding the autonomy of local self-government and its relations with state authorities, which have undergone significant changes throughout the entire period of reforming local self-government. Based on the analysis of changes in the legislation on local self-government and the legal positions of the RF Constitutional Court, this article shows the inconsistency of local self-government at the present stage of its development. Thus, the author proves that there are no working mechanisms for the implementation of local self-government by the population. This article concludes that the current situation requires special attention and attitude from the state, since without purposeful changes in the state policy in the sphere of local self-government it is impossible to preserve such postulates enshrined in the Russian Constitution, as democracy and local government.

Procedure for Arranging Educational Activities in the Context of the Federal Law «On Education in the Russian Federation» Enactment

10.12737/3835 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 3-14
Author(s):  
Фёклин ◽  
Sergey Feklin
Keyword(s):  
Russian Federation ◽  
Educational Programs ◽  
Educational Institutions ◽  
Ministry Of Education ◽  
Federal Law ◽  
Local Authorities ◽  
Educational Activities ◽  
The Russian Federation ◽  
New Procedures

According to the Federal Law of December 29, 2012 № 273-FL «On Education in the Russian Federation» new procedures to regulate educational activities arranging and conducting in accordance with educational programs of various levels and/or of various purposes or on correspondent type of education, which are to be adopted by orders of the RF Ministry of Education and Science (hereinafter referred to as «procedures»), have come into effect as from September 1, 2013. Standard provisions, which earlier regulated arranging and conducting educational activities by educational institutions of various types and kinds, and the whole specter of other activities of these institutions, are gradually losing force. When implementing new procedures, bodies of the RF executive authorities and local authorities, responsible for control and administration in the sphere of education, as well as educational institutions and participants of educational relations may encounter considerable difficulties. The author’s papers provide exhaustible and detailed answers to any questions, which may arose when implementing new procedures in the educational sphere.

Firm and Employees: Relationship Mechanism is Being Improved

2017 ◽  
Vol 6 (3) ◽  
pp. 18-26
Author(s):  
В. Лебедев ◽  
V. Lebedev ◽  
Е. Лебедева ◽  
E. Lebedeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Working Hours ◽  
Federal Law ◽  
Employee Compensation ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Working Day ◽  
Delay In Payments

In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.

Amendments to the Tax Code, Dictated by Law Enforcement Practice

Auditor ◽  
2018 ◽  
Vol 4 (11) ◽  
pp. 3-9
Author(s):  
Е. Смирнов ◽  
E. Smirnov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Federal Law ◽  
Gas Industry ◽  
The Russian Federation ◽  
Additional Income

The Russian Parliament continues to work on improving the Tax Code of the Russian Federation on the basis of consideration of law enforcement practice. In line with this work, in particular, in the summer of the current 2018, Federal Law No. 199-FZ was passed, establishing a tax on additional income from the extraction of hydrocarbons, and Federal Law of 03.08.2018 No. 301-FZ, aimed at completing the «tax maneuver» in the oil and gas industry.

scholarly journals Retirement of a highest official of constituent entity of the Russian Federation due to loss of President’s confidence: constitutional issues

2021 ◽  
Vol 5 (1) ◽  
pp. 141-155
Author(s):  
I. A. Tretyak
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Federal Law ◽  
Public Power ◽  
Constituent Entity ◽  
Legal Standards ◽  
Social Nature ◽  
Legal Enforcement ◽  
The Russian Federation ◽  
Constitutional System

The subject. The article is devoted to the retirement of a highest official of a constituent entity of the Russian Federation in 2020 due to the loss of confidence of the President of the Russian Federation. Special attention is paid to the grounds for loss of such confidence, legal and social nature of confidence and different aspects of restriction of electoral rights for citizens. The purpose of the paper is to demonstrate that the retirement of a highest official in constituent entity of the Russian Federation vindicates electoral rights of citizens and decreases a level of confidence to public power of government and law. Moreover, the aim of this article is to prove that practice of the retirement of a highest official in constituent entity of the Russian Federation not always meet legal standards of negative constitutional legal responsibility. The methodology of the study includes general scientific methods (analysis, synthesis, description) and logical interpretation of Russian legal acts. Social definitions such as confidence and post-truth were analyzed by methods of philosophy and sociology. The main results and scope of their application. The author describes retirement of a highest official in a subject of the Russian Federation as a measure of constitutional responsibility and constitutional legal coercion in scope of practice in 2020. The author realizes, that President's decrees do not consist legal and appropriate basis for such retirement of a highest official in a subject of the Russian Federation, that is why this measure due to such practice cannot be qualified as negative constitutional legal responsibility. The author suggests ways to improve the mechanisms for applying measures of constitutional coercion in cases of retirement of a highest official in a subject of the Russian Federation due to the loss of confidence of the President of the Russian Federation for prevention of public power abusing, such as: 1) establishing in the federal law formally defined constitutional violations, that threaten the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensuring defense and security of the state, the presence/absence of which is determined in the manner of a "preliminary" trial by the courts; 2) introduce measures of constitutional legal prevention or restraint against the highest official in a subject of the Russian Federation; 3) in the decrees of the President of the Russian Federation provide specific grounds for the loss of trust, established by the court. In addition to this, the author suggests to change federal law regulation to give a right for citizens, that live in a subject of the Russian Federation, to sue the President's decree about the retirement of a highest official in a subject of the Russian Federation. This measure will guarantee a real judicial protection for electoral rights for citizens. As a result, the article extends constitutional knowledge about measures of constitutional legal enforcement to highest officials in a subject of the Russian Federation.

scholarly journals MUNICIPAL DISTRICT — A NEW TYPE OF MUNICIPALITY: PROBLEMS AND PROSPECTS OF LOCAL GOVERNMENT REFORM

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 86-91
Author(s):  
A. Yu. Sibileva
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Government Reform ◽  
Federal Law ◽  
Present Stage ◽  
New Approach ◽  
Municipal District ◽  
Territorial Organization ◽  
New Type ◽  
The Russian Federation

The article discusses the amendments made to the Federal Law of 06.10.2003 N 131-ФЗ «On General Principles of Organization of Local Self-Government in the Russian Federation» by the Federal Law No. 87-FZ of 05.01.2020 «On Amendments to the Federal Law» On General Principles of Organization local government in the Russian Federation ”. The paper analyzes the feasibility of reforming the territorial organization of local self-government at the present stage, in particular, the introduction of such a new type of municipal entity as the municipal district, considers the prerequisites for enlarging municipalities. As a result of the analysis of the arguments used by the initiators of the reform, an attempt was made to formulate the advantages of a new approach to the organization of local self-government, to identify the main problems of organizing the territories of municipalities that are emerging at the present stage, and also suggest ways to solve them.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

Problems of Law Enforcement Practice of Antimonopoly Regulation in Digital Markets as an Indicator of the Need for Legislative Reform on the Competition Protection [

2021 ◽  
Author(s):  
A.V. Bychkov ◽  
◽  
D.V. Shram ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Network Effects ◽  
Statistical Data ◽  
Digital Technologies ◽  
Information Protection ◽  
Federal Law ◽  
Digital Platforms ◽  
The Russian Federation

Based on the analysis of law enforcement practice in the field of antimonopoly regulation in digital markets, the authors justify the necessity of reforming the current legislation on the competition protection, and provide statistical data on the scale of the introduction of digital technologies. It is pointed out that the prevailing forms of competition in the global digital market are either an oligopoly or a duopoly. The article provides an overview of the practice of applying the current Russian competition law in relation to IT companies (Yandex N. V., Apple Inc., Google LLC). The article analyzes the shortcomings of the Draft Federal Law «On Amendments to the Federal Law «On Protection of Competition» («the Fifth Antimonopoly Package of Amendments»), prepared by the Federal Antimonopoly Service of the Russian Federation in 2018, and propose the ways to eliminate the shortcomings of some projected standards. The author points out the need to link the concept «digital platform» with the term «information system», designated in the Law of the Russian Federation «On Information, Information Technologies and Information Protection», and to take as a basis the definition enshrined in the French Law on the Digital Republic of 2016. According to the authors` opinion, the concept «network effects» can appear in the legislation only after they are supported by the results of experimentally tested methods for calculating network effects. It is proposed to legally «link» network effects with the use of big data that restricts competition. The results of successive attempts of the FAS (Federal antimonopoly Service) of Russia to limit or cancel «intellectual immunities» are considered, and the correctness of introducing a rule on the removal of such immunities in certain cases is justified. The cases of unfair competition of digital platforms associated with the manipulation of search results algorithms (including the use of interactive enriched responses) are investigated. The article describes the risks of digital ecosystems, the development of which may exacerbate the issues of dominance, in particular, due to the monopolization of data. It is concluded that the FAS legislative initiatives of the sample of 2018 need to be carefully revised in the context of the new realities of the development of IT markets.

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