scholarly journals Legitimacy and legitimation of the Russian public authority

2021 ◽  
Vol 5 (2) ◽  
pp. 145-158
Author(s):  
D. A. Avdeev
Keyword(s):  
Russian Federation ◽  
Direct Democracy ◽  
Public Authority ◽  
Social Orientation ◽  
Legal Analysis ◽  
Public Authorities ◽  
The People ◽  
Constitutional State ◽  
The Russian Federation ◽  
Legal Understanding

The subject. The article is devoted to the legal analysis of the legitimacy of the activities of public authorities and the process of their legitimation in the Russian Federation, as well as other problems of national democracy. The legal understanding of the concept of "people" as the only source of power and the bearer of sovereignty is considered, a distinction is made between these properties.The purpose of the article is to identify its essential features the category of legitimacy, identify problems related to the reflection of the political will of Russian citizens in the organization and activities of state authorities and local self-government. The purpose of the article is to substantiate also the differences in the characteristics of the people as the only source of power and the bearer of sovereignty, which has a significant impact on the processes of legitimation of public authorities in the Russian Federation.The research methodology consists of general scientific methods (analysis, synthesis, dialectics) and legal methods (formal-logical, comparative-legal, historical-legal, forecasting method).The main results and their area of application. The author considers legitimacy not only as the consent of the people with the normative legal acts adopted by public authorities, but also as universal approval and recognition of their organizational activities, expressed by citizens through the institutions of direct democracy. The legitimacy of public authority is an attribute of a constitutional state with a social orientation. The article notes a few features characteristic of the domestic process of legitimizing public authority. The procedure for the formation of the Federation Council of the Federal Assembly, in which Russian citizens do not participate directly, starting from 1995 to the present. The cancellation and return of direct elections of heads of constituent entities of the Russian Federation, the impossibility of electing the heads of municipalities directly by the population (in many cases). A complicated procedure for the implementation of active and passive electoral rights in the Russian Federation, expressed in the establishment of several formal require ments. Constant changes in electoral legislation before election campaigns are among these characteristics.Conclusions. The results of research are summarized and conclusions are drawn about the current state of legitimacy in the Russian Federation. A few measures are proposed to improve the process of legitimizing public authority. The author proposes to distinguish between the legal characteristics of the people as the bearer of sovereignty, understanding by it all Russian citizens and as the only source of power, which is formed by the voters.

scholarly journals Problems of choosing the optimal system of executive power in the Russian

2021 ◽  
Vol 258 ◽  
pp. 05032
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  
Keyword(s):  
Russian Federation ◽  
The State ◽  
Optimal System ◽  
Executive Power ◽  
Legal Analysis ◽  
Public Authorities ◽  
Internal Factors ◽  
Full Development ◽  
Legitimate Interests ◽  
The Russian Federation

This article is devoted to the constitutional and legal analysis of the problems of choosing the optimal system of executive power in the Russian Federation. The paper substantiates the position that the need to optimize the system of executive power in Russia is due to a number of external and internal factors that are subjective and objective in nature. The article identifies and formulates the main problems of choosing the optimal system of executive power in Russia, defines its optimal characteristics, develops and substantiates an algorithm of actions necessary in the formation and construction of an optimal system of executive power in the country. Optimization of the system of executive power in the Russian Federation will allow to fully protect the rights, freedoms and legitimate interests of citizens of the Russian Federation; strengthen the system of public authorities in the country; create conditions for the full development of society and the state.

NATIONAL PROJECTS IN THE STRATEGIC PLANNING SYSTEM OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 5-9
Author(s):  
Volodina N.A. ◽  
Murzina I.A. ◽  
Retinskaya V.N.
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
General System ◽  
Planning System ◽  
Legal Analysis ◽  
Flexible Tool ◽  
Public Authorities ◽  
The Russian Federation ◽  
The Government ◽  
State Programs

The modern stage of the civilizational development of Russian statehood is characterized by the search for optimal and most effective management models. The article notes that, in the current difficult socio-economic conditions, it is the program-target planning method that is the most flexible tool, including in conditions of budgetary constraints. The normative and legal analysis of the documents showed that the evolution of target programs is the result of administrative and budgetary reforms implemented in the territory of the Russian Federation in a specific historical retrospective. The article emphasizes that to date, to ensure the synchronous development of the entire territory of the country, a single system of strategic goals and objectives has been formed. At the same time, a new approach to strategic development required the development of appropriate mechanisms for organizing project activities of the Government of the Russian Federation. That is why the national projects developed in accordance with the May 2018 Decree of the President of the Russian Federation occupy a special place in the country's strategic planning system and are the subject of close attention of public authorities. The analysis made it possible to systematize the problems and reveal the systemic contradictions of a legal and institutional nature that exist between state programs and national projects, which do not allow public authorities to effectively fulfill the targets set out in strategic planning documents. In conclusion, the authors conclude that it is necessary to legislatively consolidate the role and place of national projects in the general system of strategic planning, since at present the concept of a «national project» is absent in the federal law of the Russian Federation «On strategic planning in the Russian Federation».

Adaptation of civil service personnel: organizational and legal analysis

2021 ◽  
Vol 23 (2) ◽  
pp. 28-33
Author(s):  
DARIA TRUKHANOVICH ◽  
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Civil Servants ◽  
Organizational Analysis ◽  
Legal Analysis ◽  
Public Authorities ◽  
Khabarovsk Krai ◽  
Service Personnel ◽  
The Russian Federation ◽  
Adaptation Practices

In this article, the author carries out the organizational and legal analysis of the adaptation of personnel in the state civil service. The results of the study suggest that the existing legislation does not contain provisions directly regulating the process of adaptation for civil servants. The article presents a comparative analysis of the personnel adaptations and probation period, identifies the main differences of these technologies. The organizational analysis of civil service personnel adaptation is carried out on the experience of using this personnel technology in the Ministry of Culture of Zabaikalsky Krai, the Ministry of Labor and Social Development of Omsk region, Executive authorities of Penza and Yaroslavl regions, Khabarovsk Krai and St. Petersburg, in the Ministry of Industry and Trade of the Russian Federation, and in the Pension Fund of the Russian Federation. The analysis of adaptation practices implemented in the different bodies of public authorities of the Russian Federation allows to conclude that, currently, there is no single approach to civil service personnel adaptation. There are often formal practices that fail to achieve their goals. Government bodies today increasingly pay attention to the need to regulate the adaptation process of employees, however, they implement their programs with varying degrees of success. Not all government bodies effectively use the adaptation mechanisms for civil servants, which means that measures must be taken to correct the situation. The author sees the solution of the problems in changing the legal and organizational basis for the personnel adaptation in the civil service.

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 The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

scholarly journals Dualism of the Legal Nature of Local Self-Government Within the Framework of the Constitutional Reform of the Russian Federation (on the Example of Local Self-Government in Novosibirsk)

2021 ◽  
Vol 1 ◽  
pp. 22-25
Author(s):  
Olesya V. Fedorova ◽  
Keyword(s):  
Russian Federation ◽  
Direct Democracy ◽  
Public Authority ◽  
Constitutional Reform ◽  
Public Power ◽  
Legal Structure ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Right ◽  
The City

The Constitution of the Russian Federation this year includes the legal structure “unified system of public power”, which includes local self-government bodies in addition to state authorities. This article examines the duality of the legal nature of local self-government, on the example of the city of Novosibirsk, analyzes the essence of local self-government as a public authority of a municipal formation and as an institution of civil society; justifies the need for local selfgovernment bodies to have power, imperative powers. The article examines the legal and organizational basis for the right of the population of the city of Novosibirsk to participate in the management of municipal Affairs, to resolve issues of local significance through the implementation of civil initiatives. The article analyzes such forms of direct democracy as instructions from voters to deputies, appeals from citizens to local self-government bodies, participation of citizens in sessions of a representative body of a municipal formation, as well as such forms of public authority by local selfgovernment bodies as municipal control, and bringing guilty persons to administrative responsibility for committing an offense by administrative commissions of a municipal formation.

scholarly journals Constitutional amendment 2020: from legal technique to legal meaning

2021 ◽  
Vol 7 (1) ◽  
pp. 51-56
Author(s):  
S. A. Osetrov
Keyword(s):  
Russian Federation ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Public Authorities ◽  
The Russian Federation ◽  
The Law ◽  
Legal Understanding ◽  
Legal Meaning

In the article, some features of legal technique of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation On the improving regulation of certain issues of the organization and functioning of public authorities are observed. The author of the article pays attention to the difficulties of the legal understanding of some new provisions of the Constitution of Russia. In this context, the author concludes, that such constitutional provisions can be clarified by formation of legal positions by the Constitutional Court of Russia and by the adoption of amendments to the current legislation. Besides, in the article attention is paid to the need of rethinking of certain being formed legal positions of the Constitutional Court of Russia in the context of changing powers of public authorities. It is marked, that the forming of legal certainty regime is an urgent guarantee of the warning of the constitutional conflicts.

scholarly journals FEATURES OF REALIZATION OF CITIZENS’ RIGHTS TO A HEALTHY ENVIRONMENT IN THE RUSSIAN FEDERATION AND INDIA: A COMPARATIVE LEGAL ANALYSIS

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Екатерина Белокрылова ◽  
Ekaterina Belokrylova ◽  
Екатерина Кологерманская ◽  
Ekaterina Kologermanskaya
Keyword(s):  
Russian Federation ◽  
Special Role ◽  
Legal Analysis ◽  
Public Authorities ◽  
Healthy Environment ◽  
The Status ◽  
The Russian Federation ◽  
Object Of Study ◽  
The Right ◽  
Legal Methodology

The article describes the role and importance of comparative legal research methodology on the example of the institute of the right to a healthy environment and ways to protect it in the Russian Federation and India. The works of leading legal scholars who have made a significant contribution to the development of modern comparative law are analyzes. The provisions of the Constitution of the Russian Federation and India, enshrining the right to a healthy environment are studied by the authors. The status of the public authorities involved in the process of protection of the right to a healthy environment in Russia and India is analyzed. The special role of the judiciary in the legislative branch of government, as well as the value of judgments in the environmental legislation of India is emphasized. Common and distinctive features of legal principles aimed at protecting the environment in the Russian Federation and India are allocated. The authors conclude that, with respect to the object of study, the use of comparative legal methodology makes it possible to identify the characteristics and the basic directions of the development of the right to a healthy environment in Russia and India, in addition, the possibility of a holistic disclose of major institutions in various aspects and application of experience in different areas of the right to a healthy environment for its further improvement is appeared.

LEGITIMATION PROBLEMS OF PUBLIC GOVERNMENT IN MODERN RUSSIA

2021 ◽  
Vol 7 (1) ◽  
pp. 95-111
Author(s):  
Dmitry A. AVDEEV
Keyword(s):  
Constitutional Law ◽  
State Power ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The People ◽  
Direct Formation ◽  
Key Issues ◽  
The Difference ◽  
Legal Understanding

The problem of the effectiveness and efficiency of public authority is the subject of research in various sciences, including the legal one. In particular, from the standpoint of the domestic science of constitutional law, it is of interest to study the foundations of the organization and functioning of public authorities and management at various levels in a given period of time to develop recommendations aimed at improving the activities of government bodies. The 2020 constitutional and legal reform introduced significant adjustments to the organization and activities of not only the highest bodies of state power. Strengthened the interaction of public authorities and local self-government, which together form a single system of public authority and carry out interaction in order to most effectively solve problems in the interests of the population. Despite the ambiguity of the category “public power”, one of its properties is the activities legitimacy of the bodies that exercise it. In this regard, at present, there are a number of problematic aspects related to the procedure for the formation (formation) of higher bodies of state power and local self-government and the degree of participation of citizens in it (for example, citizens do not participate in the direct formation of the Federation Council, heads of municipalities are not elected by the population). Until now, the science of constitutional law continues to discuss the legal content of the concept of “people”, which is one of the key issues in the process of legitimizing public authority. In the article, the author proposes to find out the difference between the legal understanding of the people as a “source of power” and as a “bearer of sovereignty.” Considering public power, the author reveals such an inalienable property of it as legitimacy. Analyzing the problems of public administration in the Russian Federation, the author proposes a number of measures aimed at improving the legislation.

Certain Tendencies of the Constitutional-Legal Regulation of Party Formation in the Russian Federation

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Эмиль Алимов ◽  
Emil Alimov
Keyword(s):  
Political Parties ◽  
Russian Federation ◽  
Legal Regulation ◽  
The Political ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Modern Democracy ◽  
Public Authorities ◽  
Party Building ◽  
The Russian Federation

This article is devoted to the study of certain tendencies of the political parties constitutional regulation in the Russian Federation. With the aid of analysis of the political parties functioning legislation, the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights the author demonstrates the dynamics of the Russian legislation in the field of the party building, as well as the different approaches used in these courts in the interpretation of some restrictive regulation in context of the topic. It is noted that political parties are an important segment of modern democracy and they play an important part not only in the electoral process, but also in the deputy-voter mutual relationship; also political parties can affect certain public authorities. Accordingly showing up general rules of the legislation development in this area and their comparative legal analysis would not only clearly define the real situation of the political parties in Russia and reveal the existing problems, but also indicate a vector for the further development of the constitutional regulations in this field.

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