scholarly journals THE PUBLIC COMPANIES LAW AND SUBSTANTIVE IMAGES OF PERSONS OF PUBLIC LAW IN MODERN RUSSIAN LEGISLATION

2021 ◽  
Vol 3 (11(75)) ◽  
pp. 42-49
Author(s):  
M. Safonov
Keyword(s):  
Pension Fund ◽  
Legal Status ◽  
Public Law ◽  
Civil Code ◽  
Legal Form ◽  
Public Companies ◽  
The Public ◽  
Public Corporation ◽  
The Russian Federation ◽  
Legal Forms

The article outlines the general problems arising in the system of the Russian legislation associated with the contradiction between the legal forms set forth in the Civil Code and the forms of legal entities that were actually formed in public law. As a specific example, it was impossible to inscribe those entities which had special legal status (Central Bank of the Russian Federation, the Pension Fund of Russia, Vnesheconombank of the USSR, Bank for Foreign Trade of the RSFSR) in the proposed by Civil Code classification. The emergence of the legal form of a public corporation is seen in the article as an attempt to remove the existing contradictions in legislation.

scholarly journals Public Company as a Subject of Financial Law

2020 ◽  
Vol 15 (11) ◽  
pp. 133-139
Author(s):  
N. I. Zemlyanskaya
Keyword(s):  
Legal Status ◽  
Public Law ◽  
Budget Process ◽  
Public Companies ◽  
Non Profit ◽  
Legal Personality ◽  
The Public ◽  
Public Company ◽  
Non Profit Organizations

The paper substantiates the need to consider public companies as a subject of financial law. This is due to the peculiarities of these non-profit organizations’ legal status and their implementation of the corresponding financial and legal statuses. The author gives particular attention to certain aspects of the financial activities of the public law company "Fund for the Protection of the Rights of Citizens — Participants in Shared Construction". The author notes that, as a subject of financial law, a public law company should be characterized by its participation in various types of financial legal relations: budgetary, tax, etc. For this, it is endowed with a special legal personality, which is expressed in the granting of appropriate powers (rights and obligations necessary for the implementation of its tasks and functions), enshrined in the regulatory legal acts regulating its activities. Based on the generally accepted thesis about the economic (monetary) nature of financial legal relations, it can be argued that most financial legal relations with the participation of a public law company are associated with its property. The study made it possible to consider a public law company as a subject of financial law, which implements the corresponding financial and legal statuses in financial legal relations: a non-participant in the budget process, a taxpayer, a tax agent, etc.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

scholarly journals TYPES OF FORM OF PUBLIC ADMINISTRATION: UPDATING DOCTRINAL APPROACHES

2019 ◽  
pp. 112-115
Author(s):  
V. R. Bila
Keyword(s):  
Public Administration ◽  
Public Law ◽  
Organizational Forms ◽  
Legal Form ◽  
The Public ◽  
Relevant Term ◽  
Legal Consequence ◽  
Legal Forms ◽  
The Given ◽  
Legal Consequences

The article poses the question of updating approaches to types of forms of public administration. Therelationship between legal and organizational forms of public administration is established. The latter term is proposed to use insteadof the commonly used phrase "unlawful forms of public administration", which is used to denote those external manifestations of the activity of public administration bodies, which does not entail a direct legal consequence. The critique of the term "illegal forms of public administration" has been supported. It is stated that the perception of organizational forms as not causing legal consequences does not fully reflect the legal validity. Separate organizational forms are defined by law as the solepossible for the adoption of certain types of administrative decisions by collegiate bodies of public administration, and their non-compliance leads to the nullity of further legal form. The given group of forms of activity of the public administration has a special legal nature and significance for objectification of the legal activity of the subjects of public administration, in connection with which such a group is proposed to be terminated as "structural forms of public administration". The given justifications of the relevant term are presented as debatable. It was emphasized that the failure of organizational forms to cause legal consequences in the field of public administration does not in any way deprive their properties of causing legal consequences in the private legal relations. It is noted that public administration can act in public-law and private law forms, and forms of public administration are only a part of public-law forms, which include other types of legal forms, the use of which is provided for by the rules of the current legislation. It was concluded that public administration as a concept of functioning of executive bodies, local self-government bodies and their relations with civil society significantly changed the interrelationships of legal and organizational forms of public administration and strengthened them to such an extent that it is sometimes impossible to draw a clear line between these types forms.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

scholarly journals Theory and practice of public hearings in urban planning

2019 ◽  
Vol 135 ◽  
pp. 03012
Author(s):  
Zinaida Ivanova
Keyword(s):  
Urban Planning ◽  
Legal Status ◽  
Theory And Practice ◽  
Public Hearing ◽  
Urban Residents ◽  
Expert Interviews ◽  
The Public ◽  
Implementation Processes ◽  
Public Hearings ◽  
The Russian Federation

The author raises the issue of improving the public hearing procedure. The author analyses the established practice of public hearings in Russia, criticizes the new Urban Planning Code adopted in the Russian Federation, and expresses her concerns about the violation of its provisions regulating public hearings and discussions. These concerns are the outcome of an extensive in-depth research into the practice of public hearings, the analysis of their minutes and resolutions; the process of monitoring the course of public hearings, and sociological surveys launched among different categories of respondents in Moscow. The author analyzes the findings of the polls launched among Muscovites, as well as the expert interviews given by the deputies of the Moscow State Duma and members of urban initiative groups. The author’s conclusion is that the conversion of public hearings into an efficient public and political institute requires the reconsideration of their organization and implementation processes, let alone the assignment of a legal status to resolutions of public hearings. The author proposes a two-step public hearing model that will make it possible to expose projects to thorough expert evaluations by independent specialists and to launch extensive discussions among urban residents.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals Public Councils as a Legal Form of Partnership between the State and Its Citizens

2021 ◽  
Vol 9 (1) ◽  
pp. 96-117
Author(s):  
Pavlo Krainii
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Good Governance ◽  
Communicative Action ◽  
The State ◽  
Legal Form ◽  
Theoretical Concepts ◽  
Legal Forms

Today, the existence of every society and every state is marked with the presence of generally accepted phenomena that radically distinguish the legal status of an individual from his ancestors, who lived hundreds or even thousands of years ago. These phenomena are: democracy, legal society, human rights, good governance, participatory democracy, etc. The study of legal relations between an individual or a group of individuals and the state, represented by the system of government in one form or another, has been carried out by a large number of well-known legal scholars, sociologists, political scientists, and economists, all of whom offered numerous theoretical concepts, represented different scientific schools, and worked in various fields of research. The basic issue they have been trying to solve both in the past and at present is how an individual citizen or a group of individuals can influence the decision-making processes of public authorities that affect the interests of each of them. It turned out that the institutions we are aware of (like those of political parties, public organizations, unions) are not the only legal forms of association of the country citizens who seek to exercise public power and represent the interests of certain groups of their compatriots. The active changes that took place in the world after the Second World War, as well as the emergence of the third generation of human rights were a logical continuation of the growing influence of liberal ideas and views, which proved the existence of new scientific alternatives, ideas and concepts for developing the theory of deliberative democracy. The latter’s main objective was the idea of citizens’ active involvement in decision-making by the authorities and local governments, which consequently led to the phenomenon of public-private partnership. The article under discussion contains a legal analysis of the institution of public councils as one of the legal forms of such interaction through the theory of communicative action. At the same time, the paper will contain an attempt to analyze the current Ukrainian legislation that determines and regulates the legal status of public councils. This will enable to draw conclusions about the level of involvement of citizens in the decision-making process. In addition, the article will lay particular emphasis on a study of the already established and existing public councils in Ukraine, as well as will identify the positive and negative aspects of their activities, which will help to work out the problematic aspects of their legal status and offer practical ways to eliminate them.

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