Constitutional Features of the Federal Territory Status: Issues of Theory and Practice

2021 ◽  
Author(s):  
I.V. Zernov ◽  
Keyword(s):  
Public Law ◽  
Theory And Practice ◽  
Executive Power ◽  
Federal Law ◽  
Public Authorities ◽  
Legal Personality ◽  
Legal Literature ◽  
The Status ◽  
Territorial Structure ◽  
Definition Of

The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory "Sirius"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.

Basic models of human-centrist, polyspiral, sustainable development of Ukraine

2021 ◽  
pp. 37-45
Author(s):  
Valery Borzunov
Keyword(s):  
Sustainable Development ◽  
Buffer Zone ◽  
Integrated Approach ◽  
Theory And Practice ◽  
External Control ◽  
Developed Country ◽  
The Future ◽  
The Status ◽  
Scientific Results ◽  
Definition Of

Subject of study. A set of relations that are formed in the process of determining models of sustainable development of Ukraine and the principles of designing the economy of the future. Purpose of the article: research of the main directions of sustainable development of Ukraine and the formation of principles of strategy. Research methodology. Scientific novelty of the work, the theoretical and methodological basis of the research is the system of both general scientific and special methods of scientific knowledge, the fundamental provisions of modern economic theory and practice. The proposed methodology of a system-integrated approach to the formation of basic models of man-centered, multispiral, sustainable development of Ukraine. As integrity in the organic unity of the prevailing prerequisites for the formation of the principles of strategizing. Scientific novelty lies in the definition of models for sustainable development of Ukraine and the principles of designing the economy of the future. Results of the work – the applied use of scientific results of improved approaches for the development and implementation of a strategy for human- centered, polyspiral, sustainable development is proposed. Conclusions. For 30 years of independence, Ukraine has turned from an industrially developed country into a backward and poorest country in Europe with an economy of lagging growth, the status of a «buffer zone» of geopolitical conflict on its territory and external control. To maintain sovereignty, ensure the country's competitiveness in the context of the transition to new technological paradigms and the quality of life of the population, at least at the average level for the EU countries, Ukraine needs to change course, develop and implement the «Strategy of human-centrist, multi-spiral, sustainable development».

scholarly journals ON THE IMPLEMENTATION OF THE EXPERIENCE OF THE REGIONS OF RUSSIA IN CREATING MUNICIPAL DISTRICTS IN THE ADMINISTRATIVE AND TERRITORIAL STRUCTURE OF THE ALTAI REGION

2020 ◽  
pp. 81-89
Author(s):  
V.V. Mischenko ◽  
V.G. Lyakisheva ◽  
V.V. Yudina
Keyword(s):  
Economic Aspects ◽  
Rural Settlements ◽  
Federal Law ◽  
Municipal Administration ◽  
Altai Region ◽  
Tier System ◽  
The Status ◽  
Territorial Structure ◽  
The Russian Federation ◽  
Regions Of Russia

The topic of improving the system of state and municipal administration is always relevant. In 2020, the importance of reforming local self-government was emphasized during the discussion of amendments to the Constitution of the Russian Federation. Among the numerous changes regularly introduced to the basic federal law governing the organization of local self-government in Russia are the radical amendments of May 2014 and 2019 in terms of its territorial foundations. A number of regions have quite successfully switched to a single-tier system of local self-government, having completely eliminated the settlement level, or to a mixed one, when municipal districts with their rural settlements remain within the boundaries of the region, and as a result of the transformations of a number of districts and settlements, new municipal districts are created, or this occurs when urban districts are given the status of municipal ones. The authors made an attempt to systematize the experience of the regions that have already created municipal districts, and to project it onto the territory of the Altai Territory. In the course of the study, a number of legal, organizational, socio-economic aspects of the reform were analyzed, recommendations were developed to adapt both the authorities and the population to the upcoming transformations.

scholarly journals A VINCULAÇÃO DO PRINCÍPIO PROCESSUAL DA NÃO-SURPRESA E A APLICAÇÃO DA LEI DE INTRODUÇÃO ÀS NORMAS DO DIREITO BRASILEIRO – LINDB

Percurso ◽  
2019 ◽  
Vol 3 (30) ◽  
pp. 42
Author(s):  
Frabriccio Petreli TAROSSO
Keyword(s):  
Decision Making ◽  
General Rule ◽  
Case Law ◽  
Public Law ◽  
Tax Law ◽  
The Novel ◽  
Legal Certainty ◽  
Federal Law ◽  
National Tax ◽  
Definition Of

RESUMOO presente artigo pretende aproximar alguns conceitos da novel Lei de Introdução às Normas do Direito Brasileiro – LINDB ao princípio da não-surpresa aplicável ao processo tributário, seja ele Administrativo ou Judicial. A Lei Federal n. 13.655 de 25/04/2018 houve por incluir no Decreto-Lei nº 4.657, de 4 de setembro de 1942 - Lei de Introdução às Normas do Direito Brasileiro - disposições sobre segurança jurídica e eficiência na criação e na aplicação do direito público. Deste modo, muitas dúvidas têm surgido acerca da convivência entre a regra geral de direito tributário, inserta no Art. 144 do Código Tributário Nacional, de que a lei vigente à época dos fatos geradores deve ser levada em conta ao deslinde de uma questão e que a jurisprudência majoritária à época dos mesmos fatos – se modificada – não deve servir de parâmetro para a tomada das decisões. PALAVRAS-CHAVE: Lei de Introdução às Normas do Direito Brasileiro – LINDB; Princípio Processual da não-surpresa.ABSTRACTThe present article intends to approximate some concepts of the novel Law of Introduction to the Norms of Brazilian Law - LINDB to the principle of non-surprise applicable to the tax process, be it Administrative or Judicial. Federal Law n. 13,655 dated 04/25/2018, there was a need to include in Decree-Law No. 4.657, dated September 4, 1942 - Law on Introduction to the Rules of Brazilian Law - provisions on legal certainty and efficiency in the creation and application of public law. In this way, many doubts have arisen about the coexistence between the general rule of tax law, inserted in Article 144 of the National Tax Code, that the law in force at the time of the generating facts must be taken into account in the definition of an issue and that the majority case-law at the time of the same facts - if modified - should not serve as a parameter for decision-making. The study will have as a method the legal and bibliographical research on the subject.KEYWORDS: Law of Introduction to the Norms of Brazilian Law – LINDB; Procedural Principle of Non-Surpris

scholarly journals OPPORTUNITIES FOR DIGITALIZATION OF TERRITORIAL COMMUNITIES AND SMART SPECIALIZATION OF THEIR DEVELOPMENT IN THE CONDITIONS OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 2021 (4) ◽  
pp. 68-87
Author(s):  
Iryna DULSKA ◽  
Keyword(s):  
Significant Proportion ◽  
Executive Power ◽  
Local Elections ◽  
Infrastructure Development ◽  
Digital Infrastructure ◽  
Natural Land ◽  
The Status ◽  
Territorial Structure ◽  
Decentralization Reform ◽  
Smart Specialization

The directions, levers of expansion of digitalization of spheres of activity of territorial communities and local self-government bodies in Ukraine, which in the conditions of reforms of decentralization and administrative-territorial system received a considerable volume of powers, considering available technological, institutional, financial preconditions, are investigated. The experience of local self-government bodies in expanding the range of application of digitalization of territorial communities for their smart specialization and finding sources of funding for digital infrastructure development projects is studied. Thus, a significant proportion of them plan to create e-registers of their resources (human (demographic), natural, land, real estate, business, recreational and tourist, etc.) for a number of reasons: i) as a result of administrative reform (consolidation of the district network) there is a need for redistribution between district councils of reorganized districts (490 units before) and consolidated newly created ones (136 units now); ii) decentralization reform continues with the redistribution of powers between local executive bodies and district councils and between them and the united territorial communities in the newly created districts; iii) the process of transformation of project territorial communities (1473 units) into united territorial communities by creating new ones or joining existing united territorial communities is still underway; iv) powers are redistributed between the new bodies of local self-government and territorial subdivisions of the central bodies of executive power within the framework of their transformation into bodies according to the type of prefectures (for control of observance of the legislation). Difficulties of succession of legal entities with the transfer of property, land exist due to the fact that new self-government bodies were created after the local elections of October 25, 2020, and legislation on succession has not been adopted (exists in the status of the draft Law of Ukraine), while changes to the Budget Code of Ukraine with the new administrative-territorial structure of Ukraine and the formation of new subjects of power at the level of united territorial communities have been introduced by law. The digitalization of the territorial communities is also particularly important during the COVID-19 pandemic, when sectors that meet the basic needs of modern man are moving online, minimizing the need to leave home to live, do business and be productive.

Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Case Note ◽  
Public Authorities ◽  
Parish Church ◽  
House Of Lords ◽  
Local Parish ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. The document also includes supporting commentary from author Thomas Webb.

scholarly journals THE MODEL STATUS OF THE HEAD OF THE SUBJECT OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 1 (383) ◽  
pp. 178-181
Author(s):  
V. V. Naumkina
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
System Structure ◽  
Executive Power ◽  
Federal State ◽  
Organizational Models ◽  
Public Authorities ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevance of the topic is determined that the highest official of the subject of the Russian Federation are central in the system of regional public authorities and has a significant impact on the performance of Federal state functions. The Federal structure of the Russian Federation provides for different levels of governance. The effectiveness of solving state problems depends on the quality of management in the regions. The legislation defines only the basic principles of the requirement of the organization of power in the subject of the Russian Federation. Subject of the Russian Federation can regulate the organization of management. Federal legislation provides the subjects of the Russian Federation with relative freedom in determining the system, structure, order of formation and functioning of the Executive power. The subjects of the Russian Federation are different models of governance, which determine the status of the head of the subject of the Russian Federation. The article identifies two models for realizing the principle of separation of powers in the subjects of the Russian Federation. The place of the head of the subject of the Russian Federation in the power system is considered from the position of the scope of powers. The article describes the status of the head of the subject of the Russian Federation when using different models, highlights the features of organizational models. The practical application of the management model depends on the characteristics of the territory (area, population, socio-economic situation). In contrast to the Federal model, the head of a subject of the Russian Federation in fact included in the system of Executive power regardless of the model. The article deals with discussion issues. The article highlights the main disadvantages and offers suggestions on the advantages of models.

scholarly journals International legal personality in public and private law: problems of theory and practice

2021 ◽  
Vol 10 (47) ◽  
pp. 180-189
Author(s):  
Ganna Sarybaieva ◽  
Liydmyla Panova ◽  
Ernest Gramatskyy ◽  
Alen Panov ◽  
Alborz Pahlevanzade
Keyword(s):  
International Law ◽  
Public Law ◽  
Theory And Practice ◽  
Public And Private ◽  
Normative Documents ◽  
Legal Personality ◽  
Historical Method ◽  
System Method ◽  
International Legal Personality ◽  
Domestic Law

At the present stage of the development of international relations, an important aspect is the specification of the rights and obligations of the subjects of international law, which are elements of international legal personality, which is subject to multifaceted study. The research of its problematic elements is fundamental to improving the rules of international law in general and domestic law in particular. The work aims to study and identify problems of theory and practice of international legal personality in public law. The object of research is international legal personality in public law. The subject of the research is problematic aspects of the theory and practice of international legal personality in public law. The following methods were used in the study: observation, historical method, method of analysis, comparison, generalization, the system method, method of analysis of normative documents. As a result of the research, the institute of international legal personality, in general, was analyzed, its peculiarities and problematic aspects were determined.

scholarly journals Competence as Prerequisite of the Participation of a Procedural Representative in the Court Trial

2019 ◽  
pp. 101-107
Author(s):  
Yurii RIABCHENKO
Keyword(s):  
International Standards ◽  
Legal Responsibility ◽  
Access To Justice ◽  
Human Right ◽  
Public Authorities ◽  
The Status ◽  
Procedural Code ◽  
Substantial Risk ◽  
Important Means ◽  
Definition Of

The article is devoted to importance of professional competences while carrying out procedural representation, as well as to determining on this basis the further directions of the development of the principles of participation of the representative in the civil trial. The author supports a scientific approach of the human right function and the representative one. The first function is a stipulated right of a person involved in the trial to have a professional help. The second one reflects the implementation of the appropriate procedural rights of a trustee by the procedural representative and carrying out the procedural duties of the trustee. As a result of the research it is necessary to recognize the actual approach of legislator, enshrined in Part 3, 4 Art. 58 of the Civil Procedural Code of Ukraine; according to this approach the alternative to the "advocacy monopoly" is the self-representation of the subject of public power or legal entity through an authorized person. It has also been determined that such approach is the most relevant to both public realities and established international standards of legal assistance. It is justified that this approach should not be considered as exemplary. The prospect of further development of the principles of participation in the court trial is determined to introduce an absolute advocacy monopoly, including participation of public authorities and legal entities in the case. It is proved that the implementation of the provisions of the draft Law of Ukraine dated 29.08.2019 № 1013 requires substantial support by developing special guarantees of access to the court. The author has attracted attention to the risks of amendments foreseen by this draft law. These risks include, in particular, the quality of legal aid. It has been pointed out the need to develop guarantees of competent decision-making by an individual regarding the issue whether a lawyer or a person with no professional skills will represent his or her interests in the court. There is a substantial risk of lack of access to justice in the case of non-professional procedural representative. It is pointed out that there are no effective guarantees of bringing to legal responsibility persons who do not have the status of a lawyer due to the improper conduct of the case. As to the lawyers, the important means is determined by bringing them to disciplinary responsibility. It has been supported the position of the legislator stated in the Law of Ukraine dated 18.12.2019, № 390–IX, regarding the definition of such a participation in the court as self-representation through an authorized person according to employment contract.

Municipal policy as a priority area of legal policy in the context of reforming the territorial organisation of power and European integration of Ukraine

2021 ◽  
Vol 28 (3) ◽  
pp. 129-143
Author(s):  
Svitlana H. Serohina ◽  
Iryna I. Bodrova ◽  
Maryna O. Petryshyna
Keyword(s):  
Elemental Composition ◽  
Local Governments ◽  
Executive Power ◽  
Public Authorities ◽  
Municipal Policy ◽  
Scientific Approach ◽  
Definition Of ◽  
The Right ◽  
Purposeful Activity ◽  
Different Levels

The present study investigates the problems of development and implementation of municipal policy in Ukraine. It was found that the essence of municipal policy of Ukraine, given the ongoing decentralisation reform, is that it is a relatively stable, organised, purposeful activity of public authorities and local governments, which aims to build a capable local government, adequate to the needs and interests of territorial communities. The study describes the elemental composition of municipal policy. The authors of this study established that its elemental composition includes: the concept of system-structural and organisational-functional organisation and activities of local authorities at different levels of administrative-territorial organisation; a coordinated system of regulations that govern the organisation and activity of local bodies of state executive power and local self-government, establish the scope and limits of their competence, determine the features of interaction and the procedure for resolving disputes between them; regulatory basis of resource provision of local self-government; legislative definition of a body or official in the structure of state executive bodies, which represents the interests of the state in the corresponding territory, has the right to exercise control powers, and constitutes a link between the territorial community, local governments and the system of state executive bodies; formally defined decision-making algorithm on issues relating to local self-government; system of monitoring the national municipal policy. The authors also identified the main blocks of issues under study, which require further use of a comprehensive scientific approach to their legislative solution

The Problem of Assault Firearms

1989 ◽  
Vol 35 (4) ◽  
pp. 538-545 ◽  
Author(s):  
Franklin E. Zimring
Keyword(s):  
High Risk ◽  
Sustained Attention ◽  
Historical Perspective ◽  
Public Law ◽  
Federal Law ◽  
The Public ◽  
Definition Of ◽  
Assault Weapons

Rational discussion of the public law control of assault firearms requires both sustained attention to the definition of assault weapons and historical perspective on the control of special high-risk firearms. This article reviews sociological, mechanical and functional approaches to the definition of assault firearms and discusses previous attempts in federal law to deal with special categories of high-risk weapons.

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