scholarly journals COMMISSIONER FOR CHILDREN'S RIGHTS UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION: OBJECT OR SUBJECT OF PUBLIC CONTROL?

2020 ◽  
Vol 36 (4) ◽  
pp. 53-58
Author(s):  
Jacek Zalesny ◽  
◽  
M.Ya. Shtirlova ◽  
V.V. Goncharov ◽  
◽  
...  

This article is devoted to the study of the Institute of the presidential Commissioner for children's rights to determine its role and place in the implementation of such an important institution of civil society as public control. At the same time, the paper substantiates the importance and significance of public control in the system of legal guarantees that ensure the implementation, compliance and protection of such important constitutional principles as democracy and public participation in the management of public affairs. The study resolves the dilemma regarding the attribution of the institution of the Commissioner for children's rights under the President of the Russian Federation to objects or subjects of public control: it is proved that despite the presence of a number of features of this public authority that are common with subjects of public control, it is not a subject, but an object of public control. The article uses a number of methods of scientific research, in particular, analysis, synthesis, classification, formal-logical, comparative-legal, historical-legal, etc.

2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  


Author(s):  
V. V. Komarova

The article covers the activities of the Commissioner for Human Rights in the Russian Federation in the field of political rights. The current dynamic of the institution of political rights is emphasized not only by increasing the powers to exercise constitutionally enshrined political rights and by numerically increasing of the group studied, but also by broadening their objectives, for example, maintaining trust in authority. The author concludes that the prevention of risks in the field of political rights through legal education in the field of human rights, raising the level of legal awareness of citizens today is a relevant and necessary activity of the Commissioners for Human Rights in Russia. Ultimately, their educational activities — at first glance, indirect in terms of political rights, should be aimed at restoring confidence in public authority. Trust is the base for the sustainable development of the Russia and civil society, which is the basis for an active living position, manifested primarily in the field of political rights. On the base of the analysis of sectoral legislation, was formulated proposals for its reform and directions of activities within the stated topic.


Author(s):  
Tatyana V. Troitskaya ◽  

Introduction. Public control is an attribute of a developed civil society in the state. In Russia, the Federal law regulating the procedure for public control was adopted in 2014. This law has established a limited range of subjects of public control in Russia, however, current legislation indicates the actual inclusion of other subjects not stipulated in the law in this mechanism. A citizen of the Russian Federation is not directly listed by the Federal law as a subject of public control, however, the law provides for forms of participation of citizens in the process under consideration. Theoretical analysis. Russia today stands on the path of democratic transformation of all state institutions. The implementation of fundamental constitutional provisions regarding the recognition of human and civil rights and freedoms as the highest value is impossible without the functioning of instruments of public control over the activities of public authorities. Developed democracy presupposes the exercise of public control by the entire multi-level system of civil society institutions, with the citizen at the center. Empirical analysis. The analysis of the content of the Federal law “On fundamentals of public control in the Russian Federation” from the point of view of consolidation of constituent entities of social control and forms of its implementation, allows to conclude that, in fact, the law duplicated the forms of social control and subject composition fixed earlier by the Federal law “On Public chamber of the Russian Federation. The current legislation indicates that the central link in the number of subjects of public control are public chambers and public councils operating in Russia and that there are no legal guarantees of citizen participation in the implementation of public control. Results. The current development of the procedure for implementing public control in Russia implies the need for legislative consolidation of direct forms of participation of citizens of the Russian Federation in this mechanism. Direct forms of such participation can be: appeals to state authorities and local self-government bodies in the form of proposals with wide public awareness via Internet resources; participation of citizens in the electoral process as public observers; participation as a member of the public chamber of any territorial level of the organization; participation as members of public associations and other non-governmental non-profit associations; participation as public inspectors and experts on the initiative of Russian citizens.


2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.


Author(s):  
V. V. Goncharov

The paper is devoted to the analysis of the limits and the possibility of using international and foreign experience of its organization and functioning in optimizing the institution of public control in the Russian Federation. The author defines the concept of public control in the Russian Federation. The necessity of using international and foreign experience in the organization and functioning of the institution of public control in the process of optimizing this institution of civil society in Russia in the following areas is substantiated: 1) regarding the formulation of the concept of the institution of civil society control over public authority; 2) in terms of its consolidation in regulatory legal acts; 3) by definition of its basic principles, goals and objectives; 4)on consolidation of the list of objects in respect of which control is exercised; 5) on the development and implementation of the main forms and methods of this control; 6) to institutionalize the diversity of its subjects, as well as their authority. In this regard, a number of amendments and additions to the current legislation of the Russian Federation regulating issues of public control are proposed. The author applies a number of methods of scientific research, in particular: historical, comparative legal, and formal logical analysis. This will not only solve modern problems that arise during the organization and functioning of public control in the Russian Federation, but also ensure its full development as a promising civil society institution. The paper proposes a number of changes and additions to the current legislation of Russia, regulating issues of public control. The results can be used both in educational and scientific, and in practical activities, including in lawmaking.


2020 ◽  
Vol 8 (3) ◽  
pp. 1-5
Author(s):  
Sergey Simushin

The current system of legislative protection of children's rights in the Russian Federation consists of a large array of legislative acts of different legal force, different areas of regulatory and industry affiliation. Determining the priority directions of reforming the system of ensuring the rights of the child, the author develops the thesis that the prescriptions of legislative acts that consolidate the conceptual apparatus of the relevant regulation and the principles of state policy in the interests of children require priority changes. To improve the system of legal regulation of children's rights in the Russian Federation, the article substantiates the feasibility of making changes to the Federal law «on the basic guarantees of the rights of the child in the Russian Federation».


2016 ◽  
Vol 5 (2) ◽  
pp. 90-97
Author(s):  
Денисова ◽  
Olga Denisova

In the article the author analyzes the process of efficiency assessment of the activity of the highest official of the subject of the Russian Federation. The attention is focused on inadequacy of application of exclusively quantitative indices. Based on the analysis of expansion practice of assessment criteria of efficiency, the need of public participation in rating process is shown. In this context the activity of Fund of development of civil society is examined as the center which created the clear and acceptable system of rating indicators of effi-ciency of the highest officials.


Author(s):  
Konstantin Valer'evich Vostrikov ◽  
Yatsek Zalesny ◽  
Ivan Sergeevich Pavlov ◽  
Sergei Vital'evich Skladchikov ◽  
Denis Dmitrievich Oblogin ◽  
...  

This article is dedicated to the study of possibility of attribution of the joint-stock companies to the objects of public control in the Russian Federation. The authors believe that the institution of public control manifests as the key legal guarantee for the implementation, protection and defense of the constitutional principles of democracy and public participation in administration of state affairs. However, the implementation of this civil society institution is accompanied by numerous problems, one of which is the definition of the concept and the list of objects of public control. In this regard, the authors explore various approaches towards the question of attribution of joint-stock companies to objects of public control. The article formulates and substantiates the original definition of the concept of “public authorities”, which imply not only authority of the state and local self-governance, but also as the combination of such rights of separate subjects of law, the realization of which directly affects the mechanism of implementation, observation, protection and defense of the rights, freedoms and legitimate interests of a wide range of citizens of the Russian Federation, foreign citizens, stateless persons, legal entities, as well as public authority bodies, including local self-governance. Therefore, it appears that joint-stock companies should be classified as a variety of the objects of public control. However, the possibility of organization and implementation of public control over their activity requires introducing certain amendments to the current legislation.


2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 431-436
Author(s):  
Vitaly Viktorovich Goncharov

This article is devoted to the research of the possibility of exercising public control in relation to the President of the Russian Federation. The article substantiates the concept of public control in Russia, and also analyzes the current problems associated with the consolidation in the legislation of Russia of the concept and list of objects of public control.  This will not only solve modern problems associated with the implementation of public control in the Russian Federation in relation to the President of Russia, but also ensure the full development of public control as a promising civil society institution.


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