scholarly journals PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Municipal Government ◽  
State Power ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Power ◽  
Public Control ◽  
The Russian Federation

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

scholarly journals Problems of Legal Regulation of Palliative Medical Care in the Russian Federation Subjects

2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva
Keyword(s):  
Social Security ◽  
Medical Care ◽  
Russian Federation ◽  
State Power ◽  
Legal Regulation ◽  
Existing Problems ◽  
Degree Of Disability ◽  
The Russian Federation ◽  
The Right ◽  
Palliative Medical Care

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.

scholarly journals Evaluation of the Governmental Agency Effectiveness in the Russian Federation

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 68-76
Author(s):  
S. A. Lubennikova
Keyword(s):  
Russian Federation ◽  
Subject Matter ◽  
Methodological Approach ◽  
Social Indicators ◽  
National Level ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Russian Federation

The article is devoted to topical issues of determining the effectiveness of the work of governmental agencies in the Russian Federation. The relevance of the study’s subject matter is determined by the lack of comprehensive examination of the subject matter from the perspective of methodology and practice. Public authorities’ activities in the Russian Federation are changing acquiring new qualities. Thus, clear and uniform criteria for their assessment are necessary. Evaluation criteria should be closer to social indicators and should meet the demands of society. The author analyzes the normative-legal regulation of this issue. to this end, the paper provides examination of the Decrees of the President of the Russian Federation that have been issued since 2007 to establishing indicators for assessing the effectiveness of the activities of the executive authorities of the Russian Federation. It is possible to observe a constant change in the methodological approach to the number, formulation and content of the criteria for assessing the effectiveness of the executive authorities of the constituent entities of the Russian Federation. Between 2007 and 2012, the evaluation criteria were based on public control over the public services effectiveness exercised by citizens. Currently, the approach has changed — public control has been removed from the system under consideration and is now governed by a separate regulatory act. For the first time, to recognize executive authorities’ activities as effective the determination of the level of evaluation criteria to be met by executive authorities is used.The normative regulation of the evaluation of the effectiveness of the executive power at the federal level is also investigated. At the national level there is no any regulatory framework for assessing the activities of federal executive authorities of the Russian Federation. The author draws conclusions about the lack of a uniform approach to the evaluation of governmental authorities’ activities at both federal and regional levels. The conclusions can be used in law-making activities of state bodies.

scholarly journals Statistical evaluation of the quality of working life of employees in the russian federation

2018 ◽  
Vol 15 (4) ◽  
pp. 42-51 ◽  
Author(s):  
Vera V. Zholudeva ◽  
Nadezhda F. Melnichenko
Keyword(s):  
Quality Of Life ◽  
Working Conditions ◽  
Russian Federation ◽  
Local Governments ◽  
Life Quality ◽  
Working Life ◽  
Quality Of Working Life ◽  
Federal Districts ◽  
The Russian Federation

Quality of life is one of the most important characteristics that reflects a comprehensive description of the level and living conditions. Nowadays quality of working life is an integral feature of “Quality of Life”. Quality of working life identifies working conditions and labor management. The quality of working life allows us to determine the working conditions, its organization from the perspective of the optimal realization of the abilities of employees.The article analyzes the domestic approaches to the definition and evaluation of the quality of working life. The conducted research allowed the authors to draw the following conclusions: the quality of working life is characterized by a multitude of indicators, and the required condition for studying the quality of working life is the development of techniques that allow the evaluation of the studied category.The goal is to evaluate the quality of working life in Russia.Methods. A number of indicators are presented to estimate the quality of working life of employees in the Russian Federation. According to the authors, those indicators are employment, labor safety, work safety, salary, and competence level and workforce productivity. The analysis that is based on data from Federal State Statistics Service has been done in view of gender factors and federal district differences. According to this analysis, the general part of workforce has jobs with harmful or dangerous working conditions. Extractive and process industries are considered the most hazardous.The article describes the method of integrated assessment of working life quality, based on the study of social and labor sphere of the Federal districts of Russia. Based on this author’s method, the integral indicators of the quality of working life of the population of the Russian Federation in the context of Federal districts are calculated and analyzed and the rating of each of them is determined.Results. The article notes that the quality of working life reflects not only the working conditions and its payment, but also the relations in the working collective, the motivation of the personnel to work. The most important motivational factors and characteristics of the socio-psychological climate of the enterprise are determined. The set of indicators, proposed by the authors and the methods of assessing the quality of the working life of the population can be useful to local governments for determining the rating of the quality of working life of officers in municipalities, and thus for making various managerial decisions.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals Legal and Technical Defects of Constitutional Amendments of 2020

2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Basic Law ◽  
Long Time ◽  
The Russian Federation ◽  
Natural Result ◽  
Legal Technology

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

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.

scholarly journals Legal Regulation of Public Control Institution: International and Foreign Experience

2019 ◽  
pp. 155-171 ◽  
Author(s):  
V. V. Goncharov
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Control ◽  
Foreign Experience ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of ◽  
Control Institution ◽  
Goals And Objectives

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.

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