scholarly journals Digitalization of Public Procurement in the Russian Federation: Case Study

2021 ◽  
Vol 14 (1) ◽  
pp. 87-106
Author(s):  
Maria Egorova ◽  
Luibov Andreeva ◽  
Vladimir Andreev ◽  
Imeda Tsindeliani ◽  
Vitaly Kikavets

Abstract Using the case study method, the study examines the prospects and initiatives of the state that can create preconditions for the formation of new areas of legal regulation in the field of digital public procurement as well as issues of improving the mechanisms of information systems, taking into account the specifics of states with a multi-structured economy. The objective of the study is to assess the applicability of the tools for digital transformation of the Russian Federation in the field of public procurement in the context of international practice. Confirming all the advantages of the idea of digital transformation of public procurement systems, the Russian experience is intended to demonstrate what problems at the level of legislative regulation the state policy associated with the implementation of such systems can face. In this case, in contrast to foreign practices, the Russian system of electronic public procurement in the aggregate creates a single information space that, in fact, has no direct analogues and is a special example of interaction between electronic platforms in this area. In addition, the example of introducing distributed ledger technology into such systems is significant from the point of view of the functioning of electronic public procurement platforms. The results of this study and the tools used to assess legal regulation in the field of public procurement can be used by state authorities of the Russian Federation, taking into account the needs of entrepreneurs, to better assess the feasibility and consequences of participation in public procurement procedures. This study’s results can also be of relevance to researchers of comparative legislation in the field of legal regulation of public procurement.

2021 ◽  
pp. 77-83
Author(s):  
V. V. Mishchenko ◽  
I. K. Mishchenko

The article highlights the importance of a balanced structure of the economy in terms of the ratio of the production of goods and the provision of services; the history of specialization of the Russian Federation as a state and territorial entity, the key features of its structure are considered. Modern aspects of import substitution in Russia are described. A comment is made on the program “Import Substitution 2.0”, which is based on quotas for public procurement from Russian suppliers. Some problems and negative aspects of the state of implementation of the import substitution program in the Russian Federation are reflected. It is concluded that the measures for the development of import substitution were largely unsystematic, were of a fragmented nature, and in some cases even contradicted each other. Their implementation failed to optimize the structure of the economy. A set of measures to escalate import substitution is proposed, including the priority development of specific types of goods with a certain share of sales abroad and the coverage of import substitution in the sphere of services.


2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.


2021 ◽  
Vol 10 (3) ◽  
pp. 265-268
Author(s):  
Stanislav Gennadyevich Malkin

The paper is devoted to the role of the state educational policy within the course of the Russian civil identity formation. The focus of the study is on the evolution of the aims of the authorities in matters of the historical education and historical memory, their norm-legal regulation and institutional support, as well as real educational practices. The introduction of the historical and cultural standard for teaching the school course of the history is considered as a collective attempt by the authorities and society to lead historical and educational policies to a common denominator in terms of the content and value. A special accent in the paper concerns the problems of the teacher professional training for the implementation of the state historical and educational policy of the Russian Federation within given framework, considering the specifics of the contemporary informational space. It attracts attention to the close ties between information wars and historical policy, in the context of the attempts to reconsider the results of the Second World War especially, keeping in mind its effects for the transformation of the civil identity and the changes of position the Russian Federation held on the international arena. Both methodological and organizational restrictions were identified in secondary and higher schools, which have a significant impact on the formation of civil identity through historical education, both at the stage of training pedagogical personnel and in the process of studying the school course of the history.


2020 ◽  
Vol 6 (4(73)) ◽  
pp. 36-39
Author(s):  
E.O. Labeckaya

Through the concept of transnational space and “case-study” method, the prospects for the involvement of Ibero-America in the virtual Trans-Arctic, which is turning into a geoeconomic and geopolitical "bond" of two neighboring spaces – Trans-Atlantic and Trans-Pacific – are considered. The strengthening of Iberoamerican states’ presence in the Trans-Arctic will be a factor in increasing their ratings in the global hierarchy, will provide them with new geopolitical advantages for global competition, will strengthen comprehensive security (economic, environmental, energy, transport and logistics, food, water). In the context of the Arctic interests of Ibero-America, special attention is paid to options for possible "win-win" cooperation in the Arctic zone of the Russian Federation, including taking into account the potential of BRICS and its "outreach" and "BRICS +" platforms. Highlighted fundamental legal differences between Trans-Arctic and Antarctic. The Arctic prospects of Brazil as a channel for the realization of the circumpolar interests of the Iberoamerican states are emphasized


Author(s):  
Тамара Заметина ◽  
Tamara Zametina

The article is devoted to the analysis of the new version of the Strategy of the state national policy. The content of this document is considered in systemic connection with the Constitution of the Russian Federation in 1993 and other acts in the field of national relations. The advantages of the new version of the Strategy, as well as gaps and shortcomings of legal regulation are identified, some proposals for its improvement are made.


Legal Concept ◽  
2019 ◽  
pp. 84-89
Author(s):  
Elena Ryabova ◽  
Alina Nikolaeva

Introduction: the identification and analysis of the causes and factors, including the gaps in the legislation, generating an increase in the capital outflow, as well as the improvement of the currency, investment and tax legislation are relevant and important issues. Purpose: to study the problems of the legal regulation to prevent the outflow of capital from the Russian Federation. Methods: the fundamental categories and principles of materialistic dialectics, the generally accepted methods of comparative law became the methodological framework for solving the tasks. As part of the study of the legal foundation to prevent the outflow of domestic capital abroad, the authors also used the methods of analysis and synthesis, functional and systematic approaches, and the formal legal and statistical methods. Results: grounded in the paper the author’s point of view is based on the study of the international conventions, treaties and agreements to which Russia is a party, and the domestic legal acts regulating relations in the field of preventing the outflow of domestic capital abroad, as well as the opinion of the competent academic community. Conclusions: the study identified the characteristic features of the process of capital outflow from Russia and developed a list of recommendations aimed at improving the measures of the state legal regulation in the field of combating the outflow of capital abroad.


2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.


2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.


Author(s):  
Iu. K. Tsaregradskaya

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.


Author(s):  
Ксения Горшкова ◽  
Ksenia Gorshkova ◽  
Сергей Желонкин ◽  
Sergey Zhelonkin

Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special methods of knowledge, including historical, legal, logical, and formally legal. Results. The paper analyzes the results of consideration of the draft Federal Law No. 421600-7 “On Amendments to Certain Legislative Acts of the Russian Federation Due to Improving Conciliation Procedures” in the first reading by the State Duma of the Russian Federation, taking into account the opinion of the relevant committee of the State Duma of the Russian Federation on state construction and legislation which caused a wide resonance in the Russian legal community. It is concluded that the world experience in applying reconciliation procedures, indicating a positive dynamic in the peaceful resolution of legal disputes, is also spreading within the framework of the Russian legal system. In the framework of the Russian judicial procedure, two fundamental conciliation procedures were consolidated – the mediation procedure and the judicial conciliation procedure. The introduction of special subjects (intermediaries) as judicial conciliators for the settlement of disputes in court is aimed at reducing the workload of judges, its concise and effective distribution. Conclusion. The material contained in the work is of interest for further research on the problems of alternative ways of resolving a legal conflict, can be used when giving lectures and conducting practical training in the course of the civil process


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