scholarly journals Subjective grounds for expanding the powers of the President of the Russian Federation

2020 ◽  
Vol 9 ◽  
pp. 49-62
Author(s):  
Viсtor Nitsevich
Keyword(s):  
Russian Federation ◽  
Political Party ◽  
Party System ◽  
Public Confidence ◽  
Main Role ◽  
Legal Norms ◽  
Legal Provisions ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Government

The article is devoted to a little-studied side of authority, in particular the authorities of the President of Russia. Exploring the constitutional scope of power, we can say that the President of Russia has a sufficiently large amount of power, backed up by the legal provisions of the Constitution. However, in practice, it has turned out that not only their influence but the power of the President has a wider scope. First of all, the article notes the subjective grounds and mechanisms of power over the chairman of the government and the terms of his appointment. In this case, the key role is played by the political party United Russia, which was created by the President, although the President is outside the party system of Russia. A substantial expansion of the power of the President occurred as a result of the creation of federal districts and the formation of an institution of plenipotentiaries. The rationale is given that the change of legal norms for the election of governors, where the President plays the main role in nominating candidacy, and the procedure for registering them is entirely determined by the United Russia political party under his control, ultimately expanded the scope of authority of the President. In disclosing the subjective grounds for expanding the power of the President of the Russian Federation, so-called “approvals” of candidacy for various senior positions of state and municipal service, as well as of the security and control bodies play a part. The rating of the President was a massive subjective basis that allowed him to expand the scope of his power. The study of public confidence in the President allowed one to see the dependence of the expansion of his power on the level of his support by citizens of the Russian Federation.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

Reactive social and political interactions in innovation processes in the Russian regions

2021 ◽  
Vol 95 (2) ◽  
pp. 86-102
Author(s):  
E. A. Kranzeeva ◽  
◽  
E. V. Golovatskiy ◽  
A. V. Orlova ◽  
N. V. Nyatina ◽  
...  
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Digital Platforms ◽  
Civic Activism ◽  
Federal Districts ◽  
Parallel Network ◽  
The Russian Federation ◽  
The Government ◽  
Strategic Project ◽  
Innovation Processes

The article deals with social and political interactions between the population and the authorities. Modern conditions have transferred a significant part of interactions into a virtual environment, which forms new reactive forms of communication between the authorities and the population. The innovative processes taking place in the regions should reflect not only the institutionally set priority directions of development, but also the interests and requests initiated by the local population, and this enhances the reactive nature of interaction. The purpose of the article is to analyze the reactivity of social and political interactions between the authorities and the population in the context of the innovative development of regions (federal districts) of the Russian Federation. The authors analyzed two digital platforms: the Russian Public Initiative (www.roi.ru) and Change.org (www.change.org). They highlighted the topical thematic areas of social initiatives and political petitions in the federal districts and outlined the transformation of social and political interactions in the formation of directions for the implementation of open innovations in the regions of the Russian Federation. As a result of the study, the authors came to the conclusion about the coincidence of the topics of the population's requests and the implemented purposeful state strategic project activities, expressed in national projects. In the context of digitalization, the population builds socio-political interactions in the channels and communication tools set by the authorities, and also gets the opportunity to carry out parallel network and cloud communications, which make it possible to form new spaces for interaction with authorities in the country and specific regions. Civic activism and participation in innovation processes are demonstrated by: the growth of digital presence; participation of citizens in the network and «cloud» (including self-organizing) communities; formation of a network environment for discussion and methods of digital interaction with the government institutions in the regions.

scholarly journals PROBLEMS OF ENFORCEMENT OF CERTAIN LEGAL PROVISIONS IN TRANSPLANTOLOGICAL PRACTICE AND SOLUTION APPROACHES

2016 ◽  
Vol 18 (3) ◽  
pp. 6-15 ◽  
Author(s):  
S. V. Gautier ◽  
S. M. Khomyakov
Keyword(s):  
Organ Transplantation ◽  
Russian Federation ◽  
Federal Law ◽  
Law System ◽  
Legal Provisions ◽  
Information Law ◽  
The Russian Federation ◽  
The Government

Aim. To carry out the analysis of enforcement of regulatory legal acts in transplantological practice, to specify the existing gaps and collisions in them, and to offer approaches for its elimination. Materials and methods. The legislation of the Russian Federation in the fi eld of donation and organ transplantation and(or) tissues (an information law system «Garant»). Archive of addresses to the chief transplantologist of the Russian Ministry of Healthcare concerning application of certain precepts of law in transplantology since 2009 till present. Results. Legislative and subordinate acts relating to the area of donation and organ transplantation and(or) tissues are studied; addresses to transplantologies regarding application of certain law precepts are analyzed. Conclusion. Legislative and subordinate acts in force in the fi eld of donation and organ transplantation and(or) tissues contain gaps and collisions which interfere with the work and development of the industry. With respect thereto, it is reasonable to make amendments eliminating legal defects to a number of regulatory legal acts: to the Federal law No. 323-FZ, to the Act of the Russian Federation No. 4180-I, to the Resolutions of the Government of the Russian Federation No. 291 and No. 294, to the Orders of the Ministry of Healthcare of the Russian Federation No. 567n, No. 307n/4, No. 355n. 

scholarly journals Problems of interpretation the norms of General part of the Criminal Code of the Russian Federation

2019 ◽  
Vol 13 (2) ◽  
pp. 193-200
Author(s):  
M. P. Рronina ◽  
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Court ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Provisions ◽  
General Part ◽  
The Russian Federation

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.

scholarly journals Modern system of sources of financial law in Russia

2021 ◽  
Vol 17 (2) ◽  
pp. 42-52
Author(s):  
S. G. Eremin
Keyword(s):  
Russian Federation ◽  
International Treaties ◽  
Legal Norms ◽  
Legal Documents ◽  
Modern System ◽  
Logical Method ◽  
Federal Constitutional ◽  
General Scientific ◽  
The Russian Federation ◽  
The Government

Introduction: the article deals with the modern system of sources of financial law in Russia. This article proves that the system of sources of financial law is a complex, multi-level, hierarchical and dynamic formation characterized by a variety and specific diversity of elements, which is not arbitrary or random.Materials and methods. The methodological basis for this research is a set of methods of scientific knowledge: the analytical method, the method of synthesis and generalization of information. The study of this problem is based on the use of various methods of general scientific and special legal nature: dogmatic analysis, interpretation of legal norms, detailed study of the features of financial and legal documents, logical method, etc.Results. The analysis showed that the development of sources of financial law in Russia at the present stage is characterized by the presence of a three-level system: federal, regional and municipal levels, and the hierarchical sequence and their interaction is determined by the Constitution of the Russian Federation. The system of sources of financial law in Russia consists of: The Constitution of the Russian Federation, international treaties and international legal norms, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, orders of the Government of the Russian Federation, laws of the entities of the Russian Federation, decisions of local self-government bodies and other normative legal acts.Discussion and conclusion. As a result of the conducted research, it can be concluded that in order to systematize and logically complete the organization of the modern system of sources of financial law in Russia, it is necessary to adopt a single codified act regulating financial relations at various levels of the legal hierarchy.

scholarly journals Constitutional-legal conditions for application of international treaties of the Russian Federation

2021 ◽  
pp. 72-83
Author(s):  
Egor Krivosheev
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
International Treaties ◽  
International Treaty ◽  
Constitutional Principle ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government

This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.

scholarly journals GOVERNMENT OF THE RUSSIAN FEDERATION: ISSUES OF CONTINUITY, RECEPTION AND REFORM AT THE PRESENT STAGE

2020 ◽  
Vol 36 (4) ◽  
pp. 63-68
Author(s):  
S.A. Saibulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Separation Of Powers ◽  
Legal Norms ◽  
Subsequent Transformation ◽  
Constitutional Principle ◽  
Russian State ◽  
The Russian Federation ◽  
The Government ◽  
The Impact

The article discusses the controversial issues of formation and functioning of the Supreme Executive body of the Russian Federation. It is shown that the modern Russian state system continues to be reformed under the influence of continuity and/or reception of political and legal institutions, and their subsequent transformation. It is noted, that the essence of such a reform is to introduce progressive (rational) legal norms into the national legal system that harmonize issues of governance and state structure. The article systematizes the types and methods of state-legal control over the formation and activities of the Government of the Russian Federation within the framework of the functioning of the constitutional principle of separation of powers and the system of checks and balances. The article analyzes the impact of modern constitutional innovations on the Russian state legal system and the expected legal consequences.

Project Implementation in the Context of Digital Technologies: Federal and Regional Aspects

2020 ◽  
pp. 157-164
Author(s):  
E. V. Ushakova ◽  
E. V. Voronina ◽  
E. V. Fugalevich ◽  
M. V. Mikhaylova
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Digital Technologies ◽  
Executive Branch ◽  
Project Implementation ◽  
National Economic ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Government

In 2017, the digital revolution reached a new global milestone: every second inhabitant of our planet was connected to the Internet. The Digital Economy Program approved by the Government of the Russian Federation in July 2017 aims to address ambitious tasks dictated by new requirements to the public administration system and the organization and structure of the state apparatus of the Russian Federation. The mission of implementing digital technologies in public administration should involve improving the quality of the latter, primarily the quality of public services and management of the implementation of national projects (programs) aimed at ensuring Russia’s economic growth.Aim. The presented study aims to determine priority areas and directions of public administration in the context of the implementation of digital technologies at the federal and regional levels.Tasks. The authors rank the constituent entities and federal districts of the Russian Federation by the extent to which the potential of digital technologies is realized in all aspects of national economic activity and identify the leading constituent entities and federal districts of the Russian Federation in terms of the implementation of digital technologies in public administration.Methods. This study uses general scientific methods of cognition and the scientific sociological quantitative method for ranking the constituent entities and federal districts of the Russian Federation in terms of the implementation of digital technologies in public administration.Results. The authors conclude that regulatory and legal acts need to be specified at the federal level in matters of project implementation in the context of digital technologies. With respect to the constituent entities of the Russian Federation, the study identifies factors that affect the uneven development of digitalization, particularly the under-qualified staff, lack of project funding in regions, digital divide, and problems of creating a new regulatory environment.Conclusions. The development of digital technologies requires close cooperation between public bodies across all levels of the executive branch. It should be noted that the methodology of forming a digital government itself facilitates the establishment of the necessary conditions for addressing national economic challenges, including those associated with strategic planning based on unified digital information platforms. This aspect is crucial for the development of the Russian economy. Thus, digitalization should lay the groundwork for the further implementation of results-based management by the government.

scholarly journals CORRUPTIBILITY OF LEGAL RULES:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Tuyana Ch. Sharakshinova ◽  
Ravia F. Stepanenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Legal Norm ◽  
Legal Norms ◽  
Legal Rules ◽  
State Coercion ◽  
The Russian Federation ◽  
The Government ◽  
Corrupt Behavior

The article considers the problem of corruptibility of legal rules. The author proceeds from the fact that some legal norms stimulate illegal corrupt behavior of participants in public relations. The task is to explain how corruptibility affects the generally recognized properties of the legal rules. The author describes the distortion of such properties of a “healthy” legal norm as formal certainty, general obligatoriness, systemic interconnection and provision with the state coercion power. We analyzed the “Methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” approved by the Government of the Russian Federation. We established the correspondence of corruptibility factors given in the Methodology to negative modifications of the properties of a “healthy” legal norm. We specifically considered various aspects of systematicity in the context of the concept of corruptibility. We revealed the interdependence of the properties of a corruptogenic norm. It is concluded that the primary textual uncertainty creates uncertainty in the consequences, destinations and systemic relationships of the corruptogenic norm, which is eliminated in the course of interaction between the corrupt person and the corrupt official. The corruptogenic norm, while not being essentially legal, continues to be provided by the state coercion power and remains connected with other norms and institutions that are part of the legal system until it is identified as corruptogenic, distorting their meaning and adoption purpose

scholarly journals The relationship of basic human values and voting behavior

2017 ◽  
Vol 8 (1) ◽  
pp. 17-37 ◽  
Author(s):  
A.N. Tatarko
Keyword(s):  
Russian Federation ◽  
Voting Behavior ◽  
Basic Research ◽  
Human Values ◽  
Individual Values ◽  
Global Competitiveness ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Government ◽  
Relationship Of

The present study is aimed at investigating the relations between the basic individual values of Russians and their political behavior, which based on electoral behavior and electoral attitudes. In our study we use a method based on the theory of basic human values in order to understand by which universal human values Russians are guided and driven when choosing a particular candidate for the presidency of the Russian Federation. An empirical study based on the results of a representative survey in two Federal districts of Russia, held shortly after the elections. The empirical analysis showed basic values of respondents are related to their political preferences. The study showed that, firstly, the main opposition of values associated with the results of the election, is "conservation" — "openness to change". Secondly, voting for most candidates is associated with the values of "conservation", which indicates the absence of significant differences in the values transmitted by Russian policies. This paper considers which of the values are prompted the electorate to vote for each of the candidates (Putin, Zuganov, Prokhorov, Zhirinovsy, and Mironov). The article was prepared within the framework of the Basic Research Program at the National Research Univer- sity Higher School of Economics (HSE) and supported within the framework of a subsidy granted to the HSE by the Government of the Russian Federation for the implementation of the Global Competitiveness Program.

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