scholarly journals The Problem of Defining Local Self-Government as a Key Actor of a Unified System of Public Power and Admininstration (Analysis of the Problem Field)

2022 ◽  
pp. 17-32
Author(s):  
R. M. Vulfovich
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Point Of View ◽  
Public Power ◽  
Complex Processes ◽  
Fundamental Goal ◽  
The Russian Federation ◽  
The Difference ◽  
The Right ◽  
High Level

The analysis of the problem field is a serious problem from the methodological and methodical point of view. The solution of this problem becomes particularly difficult in cases when the object under study is characterized by a high level of structural and process diversity, has a dynamic character, i. e. it is constantly evolving, and exists in many variants with the presence of the invariant enshrined in international acts and legislation of most states. The end of the last century was a period of rethinking of many concepts that define the complex processes of political and social interaction of various levels and elements of the system of power and public administration in Russia. The adoption of the Constitution of the Russian Federation in 1993 put forward fundamental problems that needed to be solved to move the country along the path of democratization, build a market economy and form an effective governing system. Article 12 of the first chapter establishes the autonomy of local self-government as an institution, guarantees its protection from excessive state influence. This provision reflects the global trend of consolidating the right to local self-government in democratic states. However, the European Charter of Local Self-Government includes a provision on the independence of local self-government in resolving issues of local significance only within the framework of state legislation, i. e. it establishes its subordinate nature. The latter provision automatically makes local self-government part of the unified system of public power and public administration, which is reflected in the corresponding amendment to Ch. 8 of the Constitution of the Russian Federation “Local self-government” in 2020. This makes t relevant he problem of the local authorities ‘ own powers, the division of functions between them and state authorities to achieve the fundamental goal of the modern state — to ensure an optimal uniform quality of life throughout the territory. The purpose of the article is to characterize the problem field in which the concepts of “public power” and “public administration” are defined and analysed in the context of considering local self-government as a key actor of both systems. The objectives of the research are to determine the boundaries of this problem field, its structure, as well as the difference in approaches to this problem in the works of Russian and foreign authors, including scientists from Central Asian countries.

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

Constitutional basis for public property in the context of the creation of a legal entity of public law

2020 ◽  
Vol 29 (5) ◽  
pp. 134-149
Author(s):  
Vladimir Nizov
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Historical Analysis ◽  
Public Law ◽  
The State ◽  
The Public ◽  
Public Property ◽  
The Russian Federation ◽  
The Difference ◽  
The Right

The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals Original scientific article Employer’s Abuse of the Right to Labour Management

2021 ◽  
Vol 18 (4) ◽  
pp. 413-422
Author(s):  
A. A. Sitnikov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Scientific Article ◽  
Scientific Methods ◽  
The Russian Federation ◽  
Theory Of Law ◽  
The Right ◽  
Abuse Of Law

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.

scholarly journals Forecasting Income Receipts Administered by the Federal Penitentiary Service of Russia to the Budgets of the Budgetary System of the Russian Federation from the Point of View of Economic Security

2021 ◽  
Vol 2 ◽  
pp. 6-9
Author(s):  
Irina A. Firsova ◽  
◽  
Elena P. Radchenko ◽  
Keyword(s):  
Russian Federation ◽  
Economic Security ◽  
Point Of View ◽  
Federal State ◽  
Economic Activities ◽  
Financial Flows ◽  
Provision Of Services ◽  
The Russian Federation ◽  
The Right ◽  
Budget System

The article considers the existing procedure for forecasting revenue receipts administered by the Federal Penitentiary Service of Russia to the budgets of the budget system of the Russian Federation from the point of view of economic security. It is noted that the formation of federal state institutions, in fact, led to the deprivation of the right to independently manage their own financial flows arising within the framework of their economic activities. Therefore, all income received by institutions and bodies of the penal system of the Russian Federation from the production of products, performance of works and provision of services should be planned and transferred to the budget. This, in turn, indicates the relevance of the formation of a unified approach to forecasting budget revenues of the budget system of the Russian Federation for items administered by the Federal Penitentiary Service of Russia, in connection with which the corresponding methodology has been approved. As a recommendation for calculating the forecast values, it is proposed to additionally use the extrapolation method.

THE RIGHT OF LEGISLATIVE INITIATIVE IN THE SYSTEM OF POWERS OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT

2021 ◽  
pp. 46-52
Author(s):  
Dmitrii V. Zmievskii
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Constitutional Court ◽  
Special Role ◽  
Supreme Courts ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Control Body ◽  
The Right

The article considers the right of legislative initiative of the Constitutional Court of the Russian Federation enshrined in the Constitution of the Russian Federation in the light of amendments made to the Fundamental Law of our state in 2020, as well as subsequent updating of special federal constitutional legislation. It is noted that the problem of practice deficiency in implementing the mentioned power by the Constitutional Court of the Russian Federation is not new for the Russian legal science; in general, it is naturally determined and is due to a number of objective factors. However, the process of updating and developing the constitutional provisions on the supreme judicial control body of Russia and, in particular, creating the system of preliminary judicial constitutional control, bring the problem under consideration to a qualitatively new level. The approach itself in terms of granting the mentioned power to supreme courts in the Russian Federation is characterized as atypical for the countries near and far abroad. At the same time, the current lack of practice in exercising the power in question by the Constitutional Court is due to the special role of the latter in the system of supreme state authorities, in particular, the judiciary. The point of view is expressed that the problem cannot be unambiguously solved at the present stage of the statehood development. The author does not share the increasingly expressed point of view today that the right of legislative initiative should be excluded from the powers of the Constitutional Court of the Russian Federation, since this will lead to a violation of the equality of the constitutional and legal statuses of the two independent supreme judicial authorities. In addition, the shortcomings in the wording of certain constitutional provisions have been identified and possible ways to eliminate them have been proposed.

Political subjectivity of the Transbaikal Territory in the framework of municipal changes

2021 ◽  
Vol 27 (2) ◽  
pp. 65-73
Author(s):  
T. Beydina ◽  
◽  
I. Kazaryan ◽  
A. Kukharsky ◽  
A. Novikova ◽  
...  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Practical Experience ◽  
Point Of View ◽  
Political Subjectivity ◽  
Territorial Development ◽  
Municipal District ◽  
State Management ◽  
The Russian Federation ◽  
Low Efficiency

The article is devoted to the identification and analysis of the reform of municipal territories in the Transbaikal Territory, which actualizes the problem of political subjectivity. The article is of a controversial nature, since the tendencies of territorial development issues in the modern period have controversial points related to the unification of municipalities. The urgency of the problem is due to the formation of municipal districts and the need to generalize their practical experience of functioning. The problem is actualized by the fact that the base of the Priargunsky municipal district. In 2020 the Priargunsky municipal district was created, which requires the development of a unified municipal system and taking into account the municipal changes in Transbaikalia, primarily within the framework of the “Electronic Municipality” program. The purpose of the article: analyzing the political subjectivity of the Transbaikal Territory, to characterize the changes in local self-government bodies, taking into account the information openness of municipalities. Practice confirms that the low efficiency of the enlargement of municipal territories and the creation of municipal districts in the underdeveloped, depressed constituent entity of the Russian Federation, the Transbaikal Territory, is obvious. The article describes the relationship between administrative and public administration with the implementation of federal target programs and with the implementation of state and municipal decisions. Political subjectivity is inextricably linked with administrative and public administration, which is focused on a centralized system of leadership and is identical with the concept of “executive power”, and also has many similarities with state policy. Administrative and public administration is an imperative and administrative activity, which is implemented in normative (soft) and hard (prohibitions, orders) forms. The system of administrative and public administration includes the entire structure of government bodies and is focused on executive bodies of both federal and regional levels and on local government institutions. The novelty of the study is due to the fact that the complexity of the municipal territories of Transbaikalia is revealed; the incompleteness of the municipal reform is characterized from the point of view of managerial development and the need to take into account the strategic approach to territorial administration. The scientific significance of the article is emphasized by the identified interrelationships of administrative-state management and local self-government in the reform of municipal territories in the constituent entities of the Russian Federation, one of which is the Transbaikal Territory

scholarly journals Public Administration Reforms in Slovakia: Limited Outcomes (Why ?)

2018 ◽  
Vol 11 (1) ◽  
pp. 115-134 ◽  
Author(s):  
Juraj Nemec
Keyword(s):  
Public Administration ◽  
Civil Service ◽  
Slovak Republic ◽  
Point Of View ◽  
Standard Group ◽  
Civil Service Reform ◽  
Public Administration Reform ◽  
The Right ◽  
High Level ◽  
The Eu

AbstractThe goal of this paper is to document and to analyse public administration reform dynamics and outcomes in three selected areas – transparency and accountability, civil service and local self-governments.The high level of potential access to government information in Slovakia does not “produce” increased accountability, predictability and also does not effectively serve as a tool to control corruption. We argue that citizens are not only victims, but also accomplishers: their tolerance for corruption, excessive bureaucracy and rentseeking is confirmed by many existing studies.Concerning civil service reform, Slovakia shows a substantial reform reversal towards politicisation and centralisation after 2001, which clearly threatens the fundamental features of democratic governance. Soon after the EU accession in 2004 major regressive changes took place, and the Civil Service Office was abolished in 2006. The new legislation in force from 2017 (forced by the EU conditionality) should return the Slovak civil service back on the right track – let us to see.With regard to self-government the reforms aimed towards the establishment of more independent local and regional self-government. However, the major issue here is the extreme fragmentation on the municipal level – almost 3,000 municipalities in the country, most of them bellow 1,000 inhabitants. Many studies confirm that amalgamation (or at least functional amalgamation) is necessary – but there is no political will to start it.What are the main lessons from the Slovak case ? The information provided indicates that the Slovak Republic belongs to the “standard” group of CEE countries – after the first wave of democratisation reforms immediately after 1989, most of the later changes were realised “thanks to” external motivations and pressures – and not always really welcomed. The specific issue, however, is the decentralisation reform in 2000 – 2005. This change, providing really fragmented local self-government by extra rights and responsibilities, was internally driven, with positive results from the point of view of self-government principles, but with many hurdles caused by too large a number of too small municipalities.

scholarly journals Professional Representation in Civil and Administrative Legal Proceedings in the Russian Federation

2021 ◽  
Vol 2021 (1) ◽  
pp. 88-95
Author(s):  
Natalia Zvyagina ◽  
Viacheslav Baev
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
Point Of View ◽  
Evolutionary Development ◽  
Academic Degree ◽  
Current Form ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Professional Representation

In this article, the authors analyze the changes in civil procedural legislation. The research featured the issues of qualification for legal representatives in all categories of cases, with the exception of cases considered by magistrates and district courts. The study was based on the provisions of the Administrative Procedure Code of the Russian Federation, which initially provided no exceptions for this rule. The authors believe that the expansion of the sphere of professional representation requires an analysis of these amendments and existing regulations on professional representation from the point of view of constitutional right to judicial protection and the right to receive qualified legal assistance. A certificate of higher legal education or an academic degree in a legal specialty does not always indicate the level of professionalism. A professional representative should also have positive practical experience, as well as strive for professional development. The authors assessed the classification of cases that require a professional representative. In this article, they criticize the current monopoly of lawyers on representation in civil court and argue the uselessness of establishing the education and qualification of a representative in its current form. The professionalization of the institution of legal professional representation is possible only under the conditions of the evolutionary development of procedural relations and the imperative consolidation of the rules of a competitive professional process.

scholarly journals Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 96-108 ◽  
Author(s):  
N. G. Zhavoronkova ◽  
V. B. Agafonov
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Environmental Safety ◽  
Point Of View ◽  
Environmental Decision Making ◽  
Methods Of Evaluation ◽  
Methodological Problems ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The paper is devoted to the study of theoretical problems of legal provision of ecological, biosphere and genetic security in the system of national security of the Russian Federation. It is noted that from the legal point of view the process of «legitimization» of the term (concept) of environmental safety has been successfully completed. This term is widely used in legislation and law enforcement practice, however, the term «environmental safety» still does not have a pronounced context, distinguishable, for example, from the terms «environmental protection», «environmental risk», «sustainable development». If there is a legitimate (conservative) understanding of environmental safety, there is still no modern legal and clear, unambiguous and essential content of the concept of «safety» (including genetic, biological, biosphere, evolutionary and other currently relevant types of safety). Attempts to define safety (along with vulnerability) through threats, damages, stability, losses, have the right to exist, but do not give adequate and substantial sense. Based on the analysis of the current legislation and strategic planning documents, it is concluded that new theoretical and methodological approaches to the understanding of both the basic concept of «safety» and the concept of «environmental safety» are required. According to the authors, due to the emergence of new global challenges and threats (genetic, biosphere, biological, climatic, etc.) in a specific law it is advisable to revise the underlying definition of environmental safety, stressing its specificity. It is important to form the conceptual framework, including the definition and assessment of threats, risks; to select standards and methods of evaluation, classification of threats, their records; to provide for the variability of action of state authorities and local self-government in case of security threats and also the mechanism of participation of citizens and public associations in environmental decision-making on issues of environmental safety. 

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