scholarly journals Economic basis of local self-government: legal analysis

2018 ◽  
Vol 2 (3) ◽  
pp. 89-109 ◽  
Author(s):  
E. Shugrina
Keyword(s):  
Local Governments ◽  
Private Investment ◽  
Minor Role ◽  
Legal Analysis ◽  
Economic Basis ◽  
Complex Process ◽  
Analysis And Synthesis ◽  
Municipal Law ◽  
The Subject ◽  
Local Budget

The subject. The concept and elements of the economic basis of local self-government are discussed in the paper in the context of different laws on local self-government.The purpose of the paper is to identify the main ways of increasing the economic basis of municipalities.The methodology of paper includes the formal logical interpretation of Russian legislation and systematization of the court practice that concerns economical issues of local self-government as well as analysis and synthesis of statistics data of the Ministry of Justice of Rus-sia and the Ministry of Finance of Russia.The main results and scope of their application. The features of municipal property and local budgets are consistently considered. The property base of the municipality should be analyzed through the scope of it’s adequacy for the implementation of the relevant functions, including for the performance of public obligations. The profile of municipal assets and their purpose should play the minor role. The instruments of property management used by local governments (like attracting private investment) are also important. The sources of revenues and expenditures of the local budget are important not as themselves in absolute terms, but in the context of the ratio with the volume of competency that is assigned to local governments. The improvement of control and supervisory activities is a resource for improving the economic basis of local self-government. The proposed qualitative analysis the economic basis of local self-government may inspire new researches in the field of municipal law.Conclusions. The formation of the economic basis of local self-government is a complex complex process, closely related to the legal, territorial, organizational and competence bases of local self-government and it is determined by legislation and law enforcement practice.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Instruments of state regulation and fiscal mechanisms of financial and investment support and development of agricultural enterprises

2019 ◽  
pp. 85-92
Author(s):  
Olexandr M. Kondrashov ◽  
Vitalina V. Malyshko
Keyword(s):  
Local Governments ◽  
Research Process ◽  
State Regulation ◽  
Financial Resources ◽  
Institutions Of Higher Education ◽  
Agricultural Enterprises ◽  
Its Regions ◽  
Analysis And Synthesis ◽  
Local Budget ◽  
Historical System

The purpose is to determine the features of the formation and development of local budgets in terms of administrative-territorial reform. Methods used in the research process: monographic, historical, system-structural analysis and synthesis, statistical-economic and other research methods. Results. Peculiarities of formation and development of local budgets are revealed and their content and structure are determined. The most significant problems in the field of local budget formation in Ukraine are pointed out. The assessment and analysis of the effectiveness of the formation and directions of development of local budgets for the period 2018-2019 are carried out. Formation and development of local budgets in terms of administrative-territorial reform and decentralization of power should be carried out in stages, purposefully and consistently. They should be based on the results of monitoring the main indicators and indicators of the financial and economic situation. This will avoid mistakes, irrational costs, so these issues remain quite controversial. The formation of local budgets and the efficient use of their financial resources are the priorities of administrative-territorial reform and decentralization of power in Ukraine. They should become tools that will create such conditions for transformation, where each territory (community) will be an independent and full-fledged owner of resources for development and growth. Independent local budgets must fully satisfy the functions and powers of local authorities. Therefore, the financial decentralization of the united territorial communities is an important lever in establishing them as independent and financially independent economic entities of the country and its regions. Practical meaning: local governments, city and district councils, institutions of higher education. Prospects for further research. Their prospects in the conditions of decentralization of power and other measures of administrative-territorial reform are substantiated.

scholarly journals Novelties in the Constitution of the Russian Federation in the area of corruption prevention

2020 ◽  
pp. 1-9
Author(s):  
Ol'ga Sergeevna Sokolova
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Public Authorities ◽  
Municipal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Corruption Prevention

The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.

scholarly journals Fiscal Decentralization and Regional Economic Growth

2019 ◽  
Vol 8 (1) ◽  
pp. 108-119
Author(s):  
Hadi Sasana
Keyword(s):  
Economic Growth ◽  
Local Governments ◽  
Fiscal Decentralization ◽  
Private Investment ◽  
Fixed Effect Model ◽  
Central Java ◽  
Effect Model ◽  
Independent Variable ◽  
The Subject ◽  
Positive Effect

Fiscal decentralization in Indonesia initiated in 2001 has proven to be effective and efficient; although, its implementation still need to be evaluated. The aim of the study was to analyze the implementation of fiscal decentralization on economic growth in Central Java. Tools multiple regression analysis using the method Fixed Effect Model (FEM).The period of the research was 9 years (2009-2017), and the subject of the was 35 districts/cities in Central Java Province. The dependent variable was economic growth, the independent variable was fiscal decentralization, and the control variables were investment and labor. The results showed that fiscal decentralization has a positive effect on economic growth in the district/city in Central Java. Other findings, private investment and the amount of labor encourage economic growth in Central Java. Based on findings, to reduce the fiscal gap, local governments should be able to increase their fiscal capacity through the development of commodity-based economic activity in their regions Keywords: Fiscal decentralization, Economic growth,  Investment, Labor

The Paradoxes of the Law and Judicial Practice Involving the Lease of Land Plots

Legal Concept ◽  
2021 ◽  
pp. 184-188
Author(s):  
Pyotr Filippov ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Local Budget ◽  
Legal Concepts ◽  
The Right ◽  
Ownership Of Land

Introduction: the paradox of the judicial practice on claims of the municipal authorities on forcing the conclusion of lease agreements of land plots with the owners of parking spaces in the underground parking lots (garages). The Tax Code of the Russian Federation (Article 15 of the Tax Code of the Russian Federation) establishes a fee for the use of land. The forms of payment for the use of land are land tax and rent. Article 15 of the Tax Code of the Russian Federation establishes that the land tax refers to local taxes and the payment for it goes to the local budget of the municipality in whose territory the tax was introduced. The right of ownership of land (real estate) is registered and is publicly available. The tax authorities immediately issue payment receipts and the owners pay the tax, so the payment for the use of land is observed. Nevertheless, the municipal authorities (the departments of municipal property of the DMI) require owners to conclude lease agreements, lease their property and pay a fee to the local budget. The courts satisfy such claims and create a paradox that does not meet the requirements of the Constitution of the Russian Federation (Article 36), the requirements of the Civil Code of the Russian Federation, which establishes that the landlord can only be the owner or a person authorized by law or the owner to lease the property (Article 608 of the Civil Code of the Russian Federation). It is paradoxical, but that’s the fact that the owner of his property becomes both a landlord and a tenant of his property. And the departments receive double payment for the use of land in the form of a local tax and in the form of rent. It is necessary to formulate the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation more clearly and expressly so that there is no possibility of a paradoxical interpretation of the procedure for their application. In addition, the courts recognize the owner as unreasonably enriched, since the registered ownership of the land plot is not considered a sufficient legal basis to use his property. The purpose of the study is the author’s attempts to show contradictions in the judicial practice on the application of the norms of the Constitution of the Russian Federation, the Tax Code of the Russian Federation, and the Civil Code of the Russian Federation. Methods: in the process of the research, the method of a systematic approach to the study of legal concepts, comparative legal analysis, and synthesis was used. Results: the author clearly shows the conflict of interests of the owners of land plots and the departments of municipal property. As a result of the study, it is shown that the wording of the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation allows them to be interpreted differently and, accordingly, applied differently. Conclusions: the author proposes the rules for the exact interpretation of the norms of law and changes in the judicial practice in such cases.

scholarly journals The Economic Basis of Local Self-Government as a Municipal Law Institution

2021 ◽  
Vol 1 ◽  
pp. 49-52
Author(s):  
Igor Yu. Lupenko ◽  
◽  
Tsyren S. Dondokov ◽  
Keyword(s):  
Property Rights ◽  
Economic Basis ◽  
Municipal Ownership ◽  
Municipal Law ◽  
Local Budget

The article analyzes the concept and elements of the economic basis of local self-government as a municipal law institution including provisions of laws and bylaws inter alia municipal ones regulating public relationships concerning exercising of owner’s authorities by a municipal institution in respect of the property in municipal ownership, local budget funds and property rights.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

FISCAL STRESS: Studi Kasus Pemda Provinsi Nusa Tenggara Timur

Wahana ◽  
2019 ◽  
Vol 21 (2) ◽  
pp. 125-135
Author(s):  
Mesri Welhelmina N. Manafe ◽  
Zet Ena ◽  
Salmun Saul Adu
Keyword(s):  
Low Income ◽  
Local Governments ◽  
Secondary Data ◽  
Fiscal Stress ◽  
Fiscal Health ◽  
Significance Level ◽  
Stress Variable ◽  
Local Budget ◽  
The Relationship ◽  
Direct Expenditure

Local governments play a significant role in the life of the community and the national economy which can be achieved in fiscal health conditions reflected in the low disparity in income structure towards regional expenditure. The inability of regions to escape fiscal dependence is due to the low income, especially from Pendapatan Asli Daerah, which causes fiscal stress which then impacts on policies and implementation of regional spending through spending on programs and activities. This study will examine the relationship between Fiscal Stress and Pendapatan Asli Daerah and expenditure of East Nusa Tenggara Province through simple linear regression testing using secondary data Pertumbuhan Pendapatan Asli Daerah and Belanja Langsung using a sample of six (6) districts / cities in 2014-2016 The results of the study show that the fiscal stress variable does not affect the income structure through Pertumbuhan Pendapatan Asli Daerah and Belanja Langsung at a significance level of <0.05. The results of this study contribute to local budget policies and theoretically to the use of direct expenditure variables that are different from previous studies. Key Words: Fiscal Health, Fiscal Stress, Pendapatan Asli Daerah, dan Belanja Langsung

FISCAL STRESS: Studi Kasus Pemda Provinsi Nusa Tenggara Timur

Wahana ◽  
2019 ◽  
Vol 21 (2) ◽  
pp. 125-135
Author(s):  
Mesri Welhelmina N. Manafe ◽  
Zet Ena ◽  
Salmun Saul Adu
Keyword(s):  
Low Income ◽  
Local Governments ◽  
Secondary Data ◽  
Fiscal Stress ◽  
Fiscal Health ◽  
Significance Level ◽  
Stress Variable ◽  
Local Budget ◽  
The Relationship ◽  
Direct Expenditure

Local governments play a significant role in the life of the community and the national economy which can be achieved in fiscal health conditions reflected in the low disparity in income structure towards regional expenditure. The inability of regions to escape fiscal dependence is due to the low income, especially from Pendapatan Asli Daerah, which causes fiscal stress which then impacts on policies and implementation of regional spending through spending on programs and activities. This study will examine the relationship between Fiscal Stress and Pendapatan Asli Daerah and expenditure of East Nusa Tenggara Province through simple linear regression testing using secondary data Pertumbuhan Pendapatan Asli Daerah and Belanja Langsung using a sample of six (6) districts / cities in 2014-2016 The results of the study show that the fiscal stress variable does not affect the income structure through Pertumbuhan Pendapatan Asli Daerah and Belanja Langsung at a significance level of <0.05. The results of this study contribute to local budget policies and theoretically to the use of direct expenditure variables that are different from previous studies. Key Words: Fiscal Health, Fiscal Stress, Pendapatan Asli Daerah, dan Belanja Langsung

The Central Snitch Squad at the Saint-Petersburg Security Department as the Subject of Ensuring the Security of the Head of State in the Russian Empire

2020 ◽  
Vol 2020 (1) ◽  
pp. 30-36
Author(s):  
Anton Matveev
Keyword(s):  
Russian Empire ◽  
Job Descriptions ◽  
Saint Petersburg ◽  
National Importance ◽  
Legal Literature ◽  
Head Of State ◽  
Analysis And Synthesis ◽  
Normative Basis ◽  
The Subject ◽  
The Russian Empire

The article is devoted to the organization and activities of the Central Snitch Squad at the Saint-Petersburg Security Department for ensuring the security of the head of state in the Russian Empire. The normative basis for the activities of agents of the Central Snitch Squad and the specifics of implementation of their job descriptions are described in the article. The Central Snitch Squad was a separate division of the Search and Surveillance Service of the Russian Empire, which solved the various and most complex tasks of search-and-surveillance. The Central Snitch Squad operated until the fall of the monarchy in February 1917, but the experience gained by it in fulfilling tasks of national importance continues to be used in modern Russia. At the same time, the issues of the organization and functioning of the Central Snitch Squad have not received a comprehensive analysis yet. One of the activities of the Central Snitch Squad, which has not received proper coverage in historical and legal literature, is the protection of imperial majesties in the Russian Empire at the beginning of the 20th century. Therefore, its regulation and implementation has become the subject of this article. The main and integrating method of research on the organization and activities of the Central Snitch Squad was the method of materialist dialectics. General logical (deduction, induction, analysis and synthesis), general scientific (systemic, structural-functional, typologization) and special (formal-legal, historical-legal, comparative-legal, interpretations of regulatory legal acts, sociological and statistical) methods of legal research were used. It was concluded that the protection of imperial majesties and the highest persons in the Russian Empire was one of the most important areas of activity of the gendarmerie. The simultaneous existence of three different divisions that guarded the emperor ‒ the Central Snitch Squad, the Security Unit and the Security Agency led to duplication of agents activities and inconsistent actions of the units. The Central Snitch Squad of the Saint-Petersburg Security Department has accumulated a variety of search-and-surveillance experience that can be used to solve problems of national importance in modern Russia.

Sign in / Sign up

Export Citation Format

Share Document