scholarly journals Administrative Law Aspects of the Right to the Freedom of Peaceful Assemblies in the Russian Federation and Its Judicial Protection

2021 ◽  
Vol 3 ◽  
pp. 47-54
Author(s):  
Nikolay A. Sambor ◽  

The article examines the features of legal regulation of the implementation of the right to freedom of peaceful assembly in the Russian Federation. To achieve this goal, the norms of constitutional, administrative and administrative-procedural legislation are examined that directly or indirectly regulate the process of implementation and judicial protection of the right to freedom of peaceful assembly in the Russian Federation. Based on the study, changes to the current Code of Administrative Procedure are proposed, aimed at creating an effective system of guarantees for the exercise of the right to freedom of peaceful assembly from interference by public administration bodies.

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 44-53
Author(s):  
Miroslava I. Petrovskaya ◽  

The article is devoted to the justification of the specifics of public administration in the field of forced migration. The specifics of this type of migration, peculiarities of its administrative and legal regulation are revealed. The purpose of the work is to obtain theoretical conclusions and to develop practical recommendations for improving the system of management of forced migration in Russia. The target is public administration in the field of forced migration. The subject of the study is a set of rules of administrative law of the Russian Federation, which establish general provisions of public administration of forced migration, as well as the range of subjects, institutions and mechanisms used in the process of ensuring the functioning of the system of reception of forced migrants. The methodological basis of the study was the methods: dialectical, private methods — systemic-structural, comparative-legal, formal-logical and historical-legal, statistical and other methods of scientific knowledge. Within the framework of the proposed study, ways are outlined to solve the problems identified by the author of organizing the foundations of management in the field of forced migration in Russia. Recent legislative changes that have not yet been the subject of scientific research are under consideration. For the first time since the transfer of migration powers to the system of the Ministry of Internal Affairs of the Russian Federation, current changes related to the implementation of powers in the field of forced migration have been analyzed.


2021 ◽  
Vol 8 ◽  
pp. 29-34
Author(s):  
Pavel E. Spiridonov ◽  

The introduction of the terms “public power”, “public administration bodies” in official documents marked the beginning of the resumption of discussions on the peculiarities of legal relations that are included in the subject of the legal regulation of administrative law. The work attempts to analyze the terms “public authorities” and “public administration bodies”, their relationship with each other. In the Russian Federation, a specific system of government with decentralization elements has begun to take shape. Such a system includes, in addition to traditional state authorities, specially created state bodies that are entrusted with the functions of organization and coordination, public authorities in federal territories, state and non-state organizations that are delegated public power.


2021 ◽  
Vol 6 ◽  
pp. 34-41
Author(s):  
Aleksandr I. Stakhov ◽  

The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.


2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Said Kazhlaev

The article is devoted to the issue of achieving balance between private and public interests in arbitration disputes. The author notes that arbitration proceedings as one of the alternative forms of civil rights protection, guarantee the realization by the parties of the right to freedom of contracts and the right to judicial protection in a voluntarily elected procedural form. The author draws attention to the fact that a legislator can impose certain restrictions, based on the need to ensure balance between private and public interests depending on the object of the dispute, its social importance, conditions of civil circulation, legal culture and development of the national social and economic system. The article contains proposals for amendments and additions to the new Federal Law “On Arbitration (Arbitration Proceedings) in the Russian Federation”. The author concludes that the new task of legal regulation is the creation of favorable legal environment for the functioning of arbitration courts which being an institute of civil society, will contribute to more effective functioning of national economy under the conditions of a civilized market, implementation of stability in economy management and attractiveness of the jurisdiction of the Russian Federation as a venue to conduct arbitration with participation of foreign countries.


2021 ◽  
pp. 63-72
Author(s):  
Yakunin D. V. ◽  
◽  
Khromin R. V. ◽  

The article is devoted to the analysis of the problems of protecting the right of indigenous peoples of the Far East to traditional fishing. To improve the legal regulation in this area, according to the author of the article, will allow the development of special procedures for resolving disputes with the participation of indigenous minorities, as well as amending the legislation of the Russian Federation regulating the rules of traditional fishing for indigenous minorities.


2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.


Author(s):  
Marina Afanas'evna Lapina

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.


2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva

Introduction. The problem of ensuring equal scope of the right to palliative medical care of citizens living on the territory of various subjects of the Russian Federation is raised. The article describes the current legal regulation of palliative care in the Russian Federation and the existing problems of providing it. Purpose. The author aims to determine the place of legal regulation in the mechanism of ensuring the right to palliative medical care and ways to increase the degree of guarantee of this right. Methodology. Methods of analysis and synthesis, formal-logical and comparative-legal methods are used. Results. A brief overview of the current legal regulation at the Federal level and in the subjects of the Russian Federation is given, and the different scope of the right to palliative medical care of citizens living on the territory of different subjects of the Russian Federation is recorded. The article highlights the consequences of different approaches to the legal regulation of the issues under consideration, and suggests changes to them. Population by sex and age, the structure of its incidence and the degree of disability in subjects of the Russian Federation are not the same, and the bodies of state power of subjects of this level have the ability to define the needs of the population in the form of medical care that is consistent with the goal inherent in the activities of the bodies of state power of subjects of the Russian Federation in the field of social security, namely with regard to the influence of the specific features on the life of citizens and securing a reasonable differentiation of social security. Conclusion. It is concluded that it is necessary to fix the guarantee of palliative medical care in the normative legal acts of the subjects of the Russian Federation regulating the issues of public health protection, regardless of the territory of living, gender, age, diagnosis and stage of treatment.


2018 ◽  
Vol 5 (4) ◽  
pp. 397-410
Author(s):  
V. V. Omel’chenko

This article is a further continuation of the work on the review of the foundations of public administration of the use of national resources in relation to the field of scientific and state scientific and technical activities in the Russian Federation. The basic functions of the state management of scientific and technical activity are considered from the system positions, the analysis of the existing legal regulation of preparation and acceptance of system of scientific specialties on which scientific degrees are awarded is carried out, system shortcomings of the approved nomenclature of scientific specialties on which scientific degrees are awarded are revealed. The substantiation of the classification system for “Nomenclature of scientific specialties for which scientific degrees are awarded” is carried out.


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