scholarly journals Digitalization of control and supervision activities: Russian and French experience

2020 ◽  
Vol 4 (3) ◽  
pp. 25-45
Author(s):  
Elena V. Gritsenko ◽  
Pavel А. Kuryndin
Keyword(s):  
Comparative Analysis ◽  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Electronic Interaction ◽  
Digital Government ◽  
Transition Stage ◽  
Legal Method ◽  
French Experience ◽  
The Russian Federation

The subject of the article is legal regulation at the transition stage from e-government to digital government in Russia and France. The purpose of the article is confirmation or confutation of the hypothesis that in the practice of digital interaction between administrative bodies and individuals, there are problems that must be clearly identified and can be solved using the French experience of legal regulation of the digitalization of public administration. The methodology of the study includes comparative analysis, description as well as particular academic legal methods (interpretation of legal acts, judicial acts and state programs of digitalization in Russia and France, formal legal method). The main results and scope of their application. Russia and France are similar because of not only belonging to the continental legal system, but also existing in the transition stage from e-government to digital. Public administration and law in both countries have to cope with the challenges of digitalization. In this regard, the experience of implementing reforms in France, which is known for its administrative and legal traditions and successes, is of particular interest to the Russian Federation. The legal support of public administration digitalization is clearly lagging behind the rapid development of digital technologies; moreover, new information solutions are significantly ahead of their legal implementation. A comparative analysis between the strategic plans of public administration, relating to digitalization of control and supervision activities in the Russian federation, and the e-government's present and future legislative framework, indicates a lack of coherence between the plans and their legislative counterparts. The initial implementation of public administration digitalization strategic plan through legislation on services is generally supported in the “Digital Public Administration” federal project through the legislation of services. At the same time, the draft of the new Federal law on state control (supervision) and municipal control in Russia offers its own information infrastructure for control and supervisory activities. Conclusions. In order to overcome the fragmentation in the regulation of electronic interaction between private entities and public administration, the French experience of regulating the General principles of administrative procedures and guarantees of good public administration in a single act is very useful. Such an approach would also ensure compliance with the basic principles of proportionality and the prohibition of excessive formalism in the meaningful differentiation of errors and violations committed in the course of electronic communication. In addition according to French experience, it is necessary to maintain alternative ways of communication with administrative authorities including electronic ones, and consider any legislative exceptions. Also, it is necessary to define additional guarantees to citizens during interactions with technical support services; defining standards for the legal qualification of technical failures, pre-trial and judicial appeal mechanisms against automatically made decisions.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals LEGAL REGULATION OF NOISE IMPACT ON THE ATMOSPHERIC AIR IN THE RUSSIAN FEDERATION: A COMPARATIVE ANALYSIS OF REGIONAL LEGISLATION

2020 ◽  
Vol 30 (2) ◽  
pp. 249-255
Author(s):  
S.A. Gagarin ◽  
M.B. Uage
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Unified Approach ◽  
Distinctive Features ◽  
Atmospheric Air ◽  
Noise Impact ◽  
The Russian Federation ◽  
Acoustic Impact ◽  
Physical Impact

The article examines the provisions of legislation on the sanitary and epidemiological welfare of the population, regulating the restrictions of negative physical impact on the environment. The article considers the provisions of regional legislation aimed at regulating the issues of ensuring the peace and quiet of citizens. The authors note that the Code of administrative offences of the Russian Federation does not contain a direct ban on actions that violate the peace and quiet of citizens at night, but the corresponding restrictions apply in almost every subject of the Russian Federation. The article analyzes the legal regulation of relations connected with ensuring peace and quiet in a number of subjects of the Russian Federation. Regional acts determine specific prohibited actions that are subject to administrative liability in the form of a fine. The article highlights common and distinctive features of the legislation of the subjects of the Russian Federation in the field of acoustic impact. It is concluded that it is necessary to develop a unified approach to ensuring silence in the Russian Federation.

ELECTRONIC CRIME INCIDENT REPORT AS A REASON TO INITIATE A CRIMINAL CASE (THE COMPARATIVE ANALYSIS OF LEGAL REGULATION IN THE NORMATIVE ACTS OF THE RUSSIAN MINISTRY OF INTERNAL AFFAIRS AND THE RF CRIMINAL PROCEDURE CODE)

2021 ◽  
pp. 44-50
Author(s):  
P. A. Samoylov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Electronic Interaction ◽  
Incident Report ◽  
Procedure Code ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Electronic Crime ◽  
Crime Reports

The integration and active application of electronic document flow to the daily activities of the police have consistently and logically led to the fact that the electronic crime incident report is increasingly used as a reason to initiate criminal cases. The departmental normative legal acts of the Ministry of Internal Affairs of Russia regulate in detail the processing of such reports. However, under the RF Criminal Procedure Code, not all electronic crime reports registered by the Departments of Internal Affairs meet the established requirements, and, accordingly, they can not perform the function of a criminal procedural cause. In this situation, with the obvious relevance of electronic documents, an example of a contradiction and gap in the law is evident, which somewhat hinders the development of electronic interaction between the participants of criminal procedural activity and can cause negative consequences. The paper analyzes and compares the provisions of some normative sources regulating the reception and consideration of electronic crime reports by the Departments of Internal Affairs of the Russian Federation and the norms of criminal procedural legislation. The author critically evaluates the legal definitions of the concept of a crime incident report and some organizational and legal mechanisms for accepting and considering electronic crime reports established by the departmental legal acts of the Ministry of Internal Affairs of the Russian Federation. The study highlights and clarifies the rules of filing, mandatory requisites, and some other requirements for electronic crime reports, which must be complied with according to the provisions of the criminal procedure code. Based on the data obtained, the author offers recommendations to improve criminal procedural law and the algorithm of accepting electronic crime reports using the official websites of the Departments of the Ministry of Internal Affairs of the Russian Federation.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

Budget systems of Russia and China: issues of legal regulation

2022 ◽  
Author(s):  
Al'bert Trofimov
Keyword(s):  
Public Finance ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Law And Economics ◽  
Legal Regulation ◽  
Republic Of China ◽  
Finance Management ◽  
Wide Range ◽  
The Russian Federation ◽  
Budget Systems

The monograph is devoted to the analysis of the patterns of development of modern legal regulation of budgetary systems in the Russian Federation and the People's Republic of China. The range of issues under study includes clarification of the structures of budget systems in selected jurisdictions, identification of the specifics of legal regulation of the formation and expenditure of extra-budgetary and budgetary funds, study of the features of the delimitation of powers of state (municipal) authorities for public finance management. A comparative analysis of the legal regulation of the budgetary systems of Russia and China is presented. For a wide range of readers interested in the issues of legal regulation of budget systems. It can be useful for students, postgraduates and teachers of law and economics universities.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals State management of scientific and scientific-technical activity in the Russian Federation on the example of the preparation and adoption of the system of scientific specialties

2018 ◽  
Vol 5 (4) ◽  
pp. 397-410
Author(s):  
V. V. Omel’chenko
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Classification System ◽  
Legal Regulation ◽  
The State ◽  
State Management ◽  
Scientific Technical ◽  
Basic Functions ◽  
The Russian Federation

This article is a further continuation of the work on the review of the foundations of public administration of the use of national resources in relation to the field of scientific and state scientific and technical activities in the Russian Federation. The basic functions of the state management of scientific and technical activity are considered from the system positions, the analysis of the existing legal regulation of preparation and acceptance of system of scientific specialties on which scientific degrees are awarded is carried out, system shortcomings of the approved nomenclature of scientific specialties on which scientific degrees are awarded are revealed. The substantiation of the classification system for “Nomenclature of scientific specialties for which scientific degrees are awarded” is carried out.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Federal Districts in Russia: Practices of Improving Public Administration

2021 ◽  
Vol 21 (4) ◽  
pp. 33-40
Author(s):  
M.G. Shishkin ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
Public Authorities ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Creation

Goals and reasons for the creation of federal districts in the Russian Federation and the institution of plenipotentiary representatives of the President of the Russian Federation in federal districts are studied. The problematics of the study is the current normative legal regulation of the federal districts functioning. The author proposes amending legislation on federal districts in order to systematize legal regulation in the sphere of interaction of public authorities located on a federal district territory.

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