scholarly journals On the Integrative Interconnection of Extrajudicial and Judicial Resolution of Administrative-Tort Cases

2021 ◽  
Vol 18 (3) ◽  
pp. 339-349
Author(s):  
N. V. Landerson

The article considers some features of the integrative relationship between public administration and courts in two types of administrative-tort cases: 1) in cases of administrative offences (or otherwise - in cases of administrative-punishable torts, since the consideration and resolution of this category of administrative-tort cases essentially entails the appointment of administrative penalties according to the rules provided for by Code of the Russian Federation on Administrative Offences); 2) in cases of violations of mandatory requirements detected and suppressed by public administration bodies during control and supervisory proceedings (or otherwise - in cases of administrativeavoidable violations, since the consideration and resolution of this category is administrative-tort cases on the merits entail the application of such a measure of administrative enforcement and restorative influence as the introduction of an order to eliminate violations of mandatory requirements under the rules provided for by the legislation of the Russian Federation: 1) add Article 28.8 of the Code of the Russian Federation on Administrative Offences, providing that when drawing up a protocol on an administrative offense, the consideration of which is attributed to the competence of another body, a decision is made on the transfer of the case materials by authority (if the case is subject to consideration by a public administration body) or by jurisdiction (if the case is subject to consideration in a court of general jurisdiction); 2) as an alternative option for further improvement of the administrative-procedural legislation of the Russian Federation, the issue of applying a single algorithm of procedural actions of public administration bodies when sending materials of administrative-punishable cases to the court by filing an application with a requirement to bring to administrative responsibility, as already provided for in Chapter 25 of the Code of the Russian Federation on Administrative Offences, is proposed for discussion among scientists and legislators. And if it is necessary to transfer the materials of an administratively punishable case for consideration from one public administration body to another non-judicial body (public administration body), it is possible to provide for a ruling on the transfer of the case materials for consideration; 3) to regulate in the Code of the Russian Federation on Administrative Offences in the form of an independent chapter “Proceedings in administrative cases on the cancellation of a license and (or) permit” and provide for a single procedure for the review and resolution by the court of administrative cases of this category on administrative claims of public administration bodies.

2020 ◽  
Vol 1 ◽  
pp. 60-77
Author(s):  
D. M. Mustafina-Bredikhina ◽  

The review examines the procedure of courts ' actions when considering administrative cases that arise in the course of challenging administrative responsibility in the field of health protection and sanitary and epidemiological welfare of the population; analyzes the practice of courts in various regions of the Russian Federation. The paper examines various types of judicial proceedings in this category of cases, examines the competence of both courts of General jurisdiction and arbitration courts, and focuses on administrative cases that arise in the course of challenging decisions on bringing to administrative responsibility taken by judicial bodies and state control and supervision bodies in the field of public health protection and sanitary and epidemiological welfare of the population.


Author(s):  
T.M. Yarkova ◽  

This article presents an analysis of the changes that have occurred in one of the most important state documents - the Food Security Doctrine of the Russian Federation. Criticism of this document can be traced in many scientific works: some experts attribute the Doctrine only to a program document, while others expect it to be implement and control, i.e. much more in practice. An assessment of the significance and essence of such a document as the doctrine as a whole made it possible to determine its place both in the system of public administration and the degree of its significance in the regulatory field. Based on the findings, an attempt was made to analyze changes in the new Doctrine of Food Security of the Russian Federation, approved by Decree of the President of Russia No. 20 of 01.21.2020. Structural changes in the new Doctrine are highlighted, as well as a critical assessment of the features of all its main sections. The greatest changes were revealed in the state food security assessment system, and it was also determined that the new version of the Doctrine has a greater social bias. If there are positive changes, some omissions of the most important areas of agri-food policy have been identified, which, despite their absence or insufficient reflection in the Doctrine, can be presented and decided at the level of subsequent documents, but only if the Doctrine in practice will be a fundamental document of public administration and regulatory framework.


2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.


Author(s):  
A.V. Korchemnaya

Competitiveness of Russia economy under modern conditions demands systemacy of public administration. As a result of creation of national strategic planning system a number of govern-ment programs aimed at the economy development of the Russian Federation and perspective en-trance of the country to the world market is carried out. One of the main tasks of the economy de-velopment is creation of favorable investment climate in the country, investment activity, attraction of investments into the economy of the country’s regions.


2020 ◽  
Vol 93 (4) ◽  
pp. 133-145
Author(s):  
T. M. Barbysheva ◽  

Public-private partnership (PPP) in the conditions of the set strategic tasks by the President of the Russian Federation until 2030 can become one of the sources of attracting financial resources for implementation of the large-scale projects. In this regard, it is relevant to systematize the forms of PPPs and the scope of their application. Based on a study of different views on the essence of PPP, as well as taking into account the development of public administration in Russia, the author proposed the use of public-public-private partnership as a form of development of cooperation between the state, private business and society. The polyformism of PPPs is reflected in the presented classification. Based on the analysis of PPP development in the regional context, hypothesis on the correlation between the level of PPP and the socio-economic development of the subject of the Russian Federation was confirmed.


2021 ◽  
pp. 36
Author(s):  
Dmitry A. Аvdeev

The article examines the constitutional foundations of the legitimacy of public authorities, concludes that their activities correspond to the political interests of Russian citizens. The problem of the legitimacy of the activities of public authorities in the Russian Federation and the process of their legitimation, after the constitutional amendments, acquired particular relevance. Participation in the management of state affairs is determined by the peculiarities of the modern system of organization of power, as well as the ability of citizens to influence the functioning of the activities of its bodies, which makes it possible to determine the degree of legitimacy of public administration. The author, analyzing the existing structure of public authorities through the prism of the legitimacy of their activities, identifies some problems of an organizational nature and suggests ways of solving them in this regard.


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