scholarly journals Administrative regulations as a type of public administration acts

2021 ◽  
Vol 25 (4) ◽  
pp. 768-790
Author(s):  
Yuriy G. Arzamasov ◽  
Varvara A. Nazaykinskaya

The article examines a relatively new type of public administration acts for the Russian legal system - administrative regulations. Despite the widespread use of this type of act, its legal nature, features of the legal structure, and classification remain insufficiently studied, which determines the relevance of this study. The purpose of the study is to identify the specific characteristics of administrative regulations, allowing to classify them as a special tool for realisation of various public administration forms. Achieving this goal suggests analysis of regulatory legal acts, both Russian and foreign, as well as certain approaches to legal doctrine to determine the essence of administrative regulations, various public administration forms, and acts of public administration. Based on the analysis of theoretical and empirical data, the authors offer their definitions of acts of public administration, administrative regulations, and tools for realisation of public administration forms. In the process of research, the authors used a formal legal method that allows characterising the legal nature of administrative regulations, their role, and place in the system of acts of public administration, a comparative legal method to identify the general and the special when comparing domestic and foreign experience and general logical methods (analysis, synthesis, analogy).

2018 ◽  
Vol 2 (3) ◽  
pp. 122-146
Author(s):  
I Ketut Sudantra

Tulisan ini bertujuan untuk menjelaskan urgensi dan strategi pemberdayaan peradilan adat dalam sistem hukum di Indonesia. Secara konseptual, peradilan adat yang dimaksud dalam tulisan ini adalah sistem peradilan yang hidup dan dipraktikkan dalam kesatuan-kesatuan masyarakat hukum adat. Secara konstitusional, eksistensi peradilan adat diakui berdasarkan Pasal 18B ayat (2) Undang-undang Dasar Negara Republik Indonesia Tahun 1945, tetapi dalam level peraturan perundang-undnagan di bawah Undang-undang Dasar, eksistensi peradilan adat tidak mendapat pengakuan yang memadai. Kondisi ini menimbulkan dampak melemahnya posisi peradilan adat pada sebagian masyarakat adat ditandai oleh sikap dan perilaku masyarakat yang mulai enggan menyelesaikan perkaranya melalui peradilan adat. Di beberapa tempat, dewasa ini sudah tidak bisa ditemukan lagi adanya peradilan adat. Apabila kondisi ini dibiarkan berlangsung terus maka akan mengancam eksitensi kesatuan masyarakat hukum adat, sebab tanpa adanya pranata peradilan adat yang berfungsi menegakkan norma-norma hukum adat, suatu kesatuan masyarakat hukum adat akan kehilangan eksistensinya sebagai suatu kesatuan masyarakat hukum adat yang hidup. Oleh karena itu, peradilan adat sangat penting dan mendesak direvitalisasi, dalam arti diberdayakan agar dapat berfungsi kembali sebagai alternatif penyelesaian perkara, khususnya di lingkungan kesatuankesatuan masyarakat hukum adat.. Revitalisasi peradilan adat dapat dilakukan melalui strategi pembenahan seluruh komponen sistem hukumnya, baik substansi hukum, struktur hukum, dan buidaya hukumnya. This paper aims to explain the urgency and strategy of empowering customary justice in the legal system in Indonesia. Conceptually, the customary judiciary referred to in this paper is a living justice system that is practiced in customary law communities. Constitutionally, the existence of customary courts is recognized based on Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, but at the level of statutory regulations under the Constitution, the existence of adat justice does not receive adequate recognition. This condition has the effect of weakening the position of customary justice in some indigenous communities marked by the attitudes and behavior of people who are reluctant to settle their cases through adat justice. In some places, there is no longer any traditional justice. If this condition is allowed to continue, it will threaten the existence of the customary community, because without customary judicial institutions that function to uphold customary law norms, a customary community community will lose its existence as a living customary community. Therefore, customary justice is very important and urgent to be revitalized, in the sense that it is empowered so that it can function again as an alternative case settlement, especially in the environment of customary law community units. Revitalization of customary justice can be done through a strategy of revamping all components of the legal system, both in substance the law, the legal structure and the legal nature. 


Author(s):  
Ol'ga Viktorovna Kolesnichenko

The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government  to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.


Author(s):  
Vladimir V. Bulgakov ◽  
Aleksandra A. Brosalina

The relevance of the work theme is due to the high importance of public relations in the field of state social policy. The ongoing digitalization of public administration as a global trend also affects the sphere of social support, which causes the transformation of social services provided by the state, the modernization of the process of interaction between power struc-tures and the population through the use of digital platforms. The purpose of the research is to consider certain legal and organizational features of this process realization in Russia and foreign countries. The methodological basis of the research includes dialectical method, which allowed us to examine digitalization and the social sphere of public administration as influencing each other and dynamically developing phenomena; analysis and synthesis, through which the main features of the digital transformation of public ser-vices are characterized; the comparative legal method, through which the approaches to the organization and regulation of the process of introducing digital platforms in the process of providing of social support measures are considered. In the course of studying this topic, we pay special attention to the formal legal method in order to describe and explain the legal regulation of the social security sphere, as well as the digitalization of public admini-stration. Based on the conducted research and taking into account foreign experience, we conclude that the need for further modernization of the social s system in Russia in the conditions of digitalization in part of solving the identified organizational and legal issues.


2020 ◽  
Vol 5 (3(72)) ◽  
pp. 66-70
Author(s):  
T.S. Ragimov

The analysis of the development of the legal structure of the agreement on the provision of tourist services carried out in this article allowed us to conclude that it is necessary to eliminate conflicts in the current legislation regarding certain definitions. Instead of improving the regulatory framework in the field of tourism, the legislator gives rise to scientific discussions in the domestic legal doctrine. In this regard, in the scientific and legal literature, conditions are formed for the incorrect determination of the legal nature of the agreement on the sale of a tourist product, not as a contract for the provision of services, but as a contract of sale, a mixed contract


Legal Concept ◽  
2021 ◽  
pp. 33-42
Author(s):  
Denis Appazov ◽  
Yulia Tymchuk

Introduction: the paper analyzes the prospects for creating a regulatory framework for the digital platforms in Russia. The paper examines the existing approaches to the definition of “digital platform” in the legislation and legal doctrine, determines their role in the implementation of the state policy on building a digital economy, as well as the factors that led to their accelerated implementation in public administration. A critical analysis of the actions planned in the National plan that ensure the restoration of employment and income of the population, economic growth and long-term structural changes in the economy associated with digital platformization is carried out. The paper reveals the existing problems in the domestic law enforcement practice related to the functioning of the digital platforms in the context of legal uncertainty. The paper examines the foreign experience of the legislative regulation of digital platforms. Methods: in the study, the authors used both the general scientific methods (dialectical method of cognition, analysis, synthesis, formal logical method, prognostic method, etc.) and the specific scientific methods (formal legal method, method of legal interpretation, etc.). Results: the need to create a regulatory framework for the digital platforms in order to eliminate the identified problems of the law enforcement practice is justified. Conclusions: based on the results of the study and taking into account the analysis of the positive foreign experience, the authors’ definition of the concept of digital (online) platform is formulated, and the main directions for improving the domestic legislation regulating the activities of the digital platforms in Russia are determined.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Adhitya Widya Kartika ◽  
Wiwin Yulianingsih ◽  
Yana Indawati

Village is the smallest part of the state structure. A number of villages in Indonesia have distinctive features which contain traditional elements. One of the elements of this custom is customary law. In the community of Pakraman Bali Village, there are indigenous people in which customary law applies. This customary law is stated in awig-awig. If we look at the discussion then it is related to the legal structure, of course there is a connection related to that part of the legal system. The legal system in a state can be referred to as a national legal system in which the national legal system has parts or elements that each function and have a relationship, namely between one part and another. Likewise, there are laws that are part of the customary law community where the customary law community is part of the village which is an institution in the state structure. This then becomes an issue of how the position of awig-awig is in the national legal system. This research was conducted through an analysis of legal facts and legal doctrine, namely the theoretical and statutory approaches. This article is the result of research funded by the university, so it is the outcome product of this research. The discussion in this analysis shows that awig-awig is written customary law, while what is generally understood so far is the unwritten law. In addition, the position in national law is recognized because it is the right of the customary law communities in Bali (adat in Pakraman Village, Bali). In addition, of course, awig-awig can be used as a source of material law, which is a social conception that exists in society, some of which are still applicable and some need conformity.


2015 ◽  
Vol 1 (7) ◽  
pp. 132
Author(s):  
Līga Mazure

The regulation of the will of the patient expressed in advance is controversial and insufficient in the Latvian legislation. The legal regulation on the will of the patient expressed in advance stipulates clearly only the form of the will of the patient; it has to be established without sufficient reference to its legally binding force. The aim of the research is to carry out a legal analysis of the institution of the patient’s will expressed in advance, to identify legal flaws related to it and to propose particular solutions to eliminate the identified limitations. To achieve the aim, the following research tasks are set: 1) to analyze the legal nature of the patient’s will expressed in advance; 2) to explore the content and term of the patient’s will expressed in advance; 3) to assess the establishment of the patient’s will expressed in advance and its termination. The following research methods are used in the research: semantic method, grammar method, historical method, analytical method, comparative method, systemic method, teleological method. In a result of the research the author has formulated the principles of the will of the patient expressed in advance that could be introduced in the legal regulation on the issue, thus improving the legal protection of the patient. Analysing the legal nature of the patient’s will expressed in advance and taking into account its peculiarity, the content boundaries of this particular type of the expression of the patient’s will were defined identifying the extent of the patient’s self-determination. Assessing various possibilities of choosing the term defining the patient’s will expressed in advance, the author has sustained the most appropriate version of the term considering both national and international legal regulation, and notions of the legal doctrine. Another issue of a similar significance that was analysed in the research were the methods used in the legal practice of the world countries to determine the patient’s will expressed in advance; the author has analysed and offered the determination method, which is the most appropriate for the legal system of Latvia. In the conclusion, types of termination of the patient’s will expressed in advance and their legal consequences were analysed. Furthermore, the author proposes an applicable project of the amendments to the legal regulations in order to implement the theoretical conclusions of the research related to the patient’s will expressed in advance into the legal system of Latvia.


2020 ◽  
Vol 164 ◽  
pp. 11027 ◽  
Author(s):  
Nina Semeryanova ◽  
Artem Tsirin ◽  
Sergey Matulis ◽  
Ibragim Ibragim

The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.


Author(s):  
Alexey Semitko ◽  

The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.


2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.


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