scholarly journals The Comparative Analysis of the Legal Bases Regulating the Principles of the Organization of Local Government in the Russian Federation, Provided By the Federal Law of 28.08.1995 № 154-FZ and the Federal Law of 06.10.2003 № 131-FZ

2018 ◽  
Vol 11 ◽  
pp. 24-34
Author(s):  
Yulia Vasilyeva ◽  
Keyword(s):  
Comparative Analysis ◽  
Local Government ◽  
Russian Federation ◽  
Federal Law ◽  
The Russian Federation

scholarly journals On Redistribution of Powers between Local Self-Government Authorities and Government Authorities of a Constituent Entity of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 71-75
Author(s):  
Evgeniy Yu. Shagoyko ◽  
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Russian Federation ◽  
Federal Law ◽  
Local Authorities ◽  
Constituent Entity ◽  
The Russian Federation

The article examines and analyzes the practice of applying the provisions of the Federal Law No. 136-ФЗ of 27.05.2014 “On Amendments to Article 26.3 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Government Authorities of the Constituent Entities of the Russian Federation” and the Federal Law “On general principles of the organization of local government in the Russian Federation” regarding the redistribution of powers between local authorities and state authorities of a constituent entity of the Russian Federation; an attempt was made to formulate typical problems as a result of law enforcement in the specified area.

Local government in Russia: de jure and de facto

2019 ◽  
Vol 5 (4) ◽  
pp. 103-121
Author(s):  
Olesya L. Kazantseva
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Great Influence ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
Russian State ◽  
Russian Constitution ◽  
Legal Competence ◽  
The Russian Federation

The analysis of the RF Federal Law of 6 October 2003 No 131-FZ, which enshrines the general principles of the organization of local self-government in the Russian Federation, demonstrates the consistent introduction of amendments aimed at restricting the autonomy of local self-government, which clearly contradicts the constitutional provisions on local self-government. In this regard, it seems necessary to determine the presence of the lower level of public authority (local self-government), for which it is necessary to reveal the conformity of the modern realities of local self-government with constitutional provisions and normative legal acts adopted for their development, that is, correlate de jure and de facto. The Constitutional Court of the Russian Federation, the highest constitutional justice body, has a great influence on the formation of local self-government in the Russian state. It forms the legal position on the organizational, legal, competence, territorial, financial and economic foundations of local self-government. In this regard, researchers are interested in the legal positions of the RF Constitutional Court regarding the autonomy of local self-government and its relations with state authorities, which have undergone significant changes throughout the entire period of reforming local self-government. Based on the analysis of changes in the legislation on local self-government and the legal positions of the RF Constitutional Court, this article shows the inconsistency of local self-government at the present stage of its development. Thus, the author proves that there are no working mechanisms for the implementation of local self-government by the population. This article concludes that the current situation requires special attention and attitude from the state, since without purposeful changes in the state policy in the sphere of local self-government it is impossible to preserve such postulates enshrined in the Russian Constitution, as democracy and local government.

scholarly journals Public Chambers of the Municipality in Various Models of Local Self-Government

2020 ◽  
Vol 4 (91) ◽  
pp. 34-40
Author(s):  
S.I. Shishkin ◽  
◽  
D.A. Safin ◽  
Keyword(s):  
Comparative Analysis ◽  
Local Government ◽  
Causal Relationship ◽  
Russian Federation ◽  
Local Community ◽  
Balance Of Power ◽  
Demographic Characteristics ◽  
Local Administration ◽  
The Public ◽  
The Russian Federation

The phenomenon of differentiation of the genesis of public chambers of municipalities from the model of organization of local self-government is established The factors that substantiate the reasons for such differentiation are determined. These reasons are associated with the demographic characteristics of municipalities, the specifics of the local community and other factors. The variety of models of organization of local self-government in the legislation of the Russian Federation is considered. It was established that these models determine the organization of local authorities, the procedure for filling positions in the municipality. It is concluded that there is a stable causal relationship between the procedure for organizing local self-government and the formation of public chambers of the municipality. The most substantiated schemes for organizing public chambers of municipalities are proposed. This is carried out on the basis of an analysis of legislation, municipal regulatory legal acts, using the method of legal modeling. These schemes allow taking into account the specifics of such chambers and the polarization of their activities. This polarization depends on the place of the public chamber in the system of local self-government bodies in the implementation of local issues. Within the framework of a comparative analysis, it is concluded that for some models of local self-government, the creation of a public chamber is not advisable. For other models, it is necessary to consider the balance of power between the head of the municipality and the representative body of local government. This is necessary so that the public chamber does not turn into an instrument for settling political scores and promoting the activities of the local administration. In most models of local self-government, it is advisable to exclude the head of the municipality from the procedure for forming the composition of the public chamber.

scholarly journals PROCEDURAL POSITION OF THE EXPERT IN CRIMINAL AND CIVIL PROCEEDINGS

2019 ◽  
Vol 5 (1) ◽  
pp. 42-46
Author(s):  
I. V. Buromskiy ◽  
Yu. V. Ermakova ◽  
E. S. Sidorenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Civil Law ◽  
Medical Examination ◽  
Federal Law ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Forensic Expert

The article presents a comparative analysis of the procedural position of the expert in criminal and civil proceeding. There are considered main differences and similarities of the rights, duties and responsibilities of the expert which regulated by the Criminal Procedure Code of the Russian Federation, the Civil Law Code of the Russian Federation, the Federal Law «About state forensic expert activity in the Russian Federation», the Order of organization and production of forensic medical examination in the state forensic expert institutions of the Russian Federation.

scholarly journals MUNICIPAL DISTRICT — A NEW TYPE OF MUNICIPALITY: PROBLEMS AND PROSPECTS OF LOCAL GOVERNMENT REFORM

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 86-91
Author(s):  
A. Yu. Sibileva
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Government Reform ◽  
Federal Law ◽  
Present Stage ◽  
New Approach ◽  
Municipal District ◽  
Territorial Organization ◽  
New Type ◽  
The Russian Federation

The article discusses the amendments made to the Federal Law of 06.10.2003 N 131-ФЗ «On General Principles of Organization of Local Self-Government in the Russian Federation» by the Federal Law No. 87-FZ of 05.01.2020 «On Amendments to the Federal Law» On General Principles of Organization local government in the Russian Federation ”. The paper analyzes the feasibility of reforming the territorial organization of local self-government at the present stage, in particular, the introduction of such a new type of municipal entity as the municipal district, considers the prerequisites for enlarging municipalities. As a result of the analysis of the arguments used by the initiators of the reform, an attempt was made to formulate the advantages of a new approach to the organization of local self-government, to identify the main problems of organizing the territories of municipalities that are emerging at the present stage, and also suggest ways to solve them.

POWERS OF THE HEAD OF THE MUNICIPALITY AS AN ELEMENT OF LEGAL STATUS

2015 ◽  
Vol 10 (5) ◽  
pp. 140-145
Author(s):  
Кузнецов ◽  
Andrey Kuznetsov
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Legal Status ◽  
Federal District ◽  
Federal Law ◽  
Central Federal District ◽  
The Russian Federation

The article discusses the powers of the head of the municipality on the example of different regions of the Central Federal District. Powers of the head of the municipality are highlighted, depending on whether he/she heads the representative body of the municipality or local government. Possible amendments to the Federal Law №131 “On General Principles of Local Government in the Russian Federation" are presented.

scholarly journals Ethical context of legally regulated surrogate and genetic motherhood in Russia

2021 ◽  
Vol 15 (3) ◽  
pp. 270-275
Author(s):  
I. V. Siluyanova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Federal Law ◽  
Surrogate Motherhood ◽  
Child Trafficking ◽  
Moral Concepts ◽  
Legal Norms ◽  
Commercial Surrogacy ◽  
Ethical Context ◽  
The Russian Federation

Aim: to assess the compliance of legal norms regulating surrogate motherhood and moral concepts about motherhood and childhood in society.Materials and Methods. The Articles 55 (clause 9) of the Federal Law "On the Fundamentals of Health Protection of Citizens in the Russian Federation", the principles of the Constitution of the Russian Federation, and traditional moral concepts common in society of the Russian Federation underwent a comparative analysis.Results. Discrepancies between moral and legal norms were revealed in 3 issues. Issue 1 is related to the rights for surrogacy of unmarried persons and the rights of single citizens. In an ethical context, the statement of their rights does not correspond to the rights of children to a dignified upbringing in a family composed of a mother and father. Issue 2 refers to the ethical incorrectness of compensated surrogacy contracts. Commercial surrogacy cannot be separated from transformed forms of child trafficking. Issue 3 is related to the moral degradation of motherhood upon using technologies of surrogate and genetic motherhood.Conclusion. It is necessary to conduct additional studies on using surrogate motherhood in order to prevent abuse and violations upon its application in Russia as well as open up a public discussion on this matter.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

A comparative analysis of the anthropogenic impact and user-pays principle availability in the model areas of the Russian Federation

2020 ◽  
Vol 18 (9) ◽  
pp. 1787-1798
Author(s):  
S.N. Ayusheeva
Keyword(s):  
Environmental Management ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Natural Environment ◽  
Anthropogenic Impact ◽  
Negative Impact ◽  
Economic Behavior ◽  
Environmental Investment ◽  
The Russian Federation ◽  
Comparative Systems

Subject. This article assesses the effectiveness of the existing system of environmental management based on the user-pays principle in terms of reducing the negative impact on the environment. Objectives. The article aims to conduct a comparative analysis of the anthropogenic impact on natural environment components and deficiency payments for pollution in the model areas of the Russian Federation. Methods. For the study, I used the methods of computational, comparative, systems, and structural analyses. Results. Based on the ecological rating of the Russian Federation subjects, the article defines model areas, assesses the degree of anthropogenic impact on the basis of pollution relative rates, and describes the particularities of environmental investment in the selected areas. Conclusions. The system of payments for pollution does not affect the economic behavior of economic entities.

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