scholarly journals The role of legal responsibility in the implementation of the principle of the unity of public authority in Russia

2022 ◽  
Vol 5 (4) ◽  
pp. 43-54
Author(s):  
A. V. Malko ◽  
D. A. Lipinsky ◽  
R. S. Markunin
Keyword(s):  
Public Authority ◽  
Legal Responsibility ◽  
Public Confidence ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Public Authorities ◽  
Public Power ◽  
Role Taking ◽  
Constitutional Principle ◽  
Legal Method

The subject. The article presents a comprehensive general theoretical analysis of the institution of legal responsibility and its role, taking into account the consolidation of the new constitutional and legal principle of the unity of the system of public power.The purpose of the research is to confirm or disprove hypothesis that it is necessary to legislate a full-fledged mechanism of legal responsibility of state bodies and local self-government bodies in order to implement the constitutional principle of the unity of public power.Methodology. The formal legal method, the method of comparative legal analysis, dialectical method and systemic approach were used.The main results, scope of application. The authors found the manifestation of dualism in the work of the institution of legal responsibility. It consists in the ability to bear responsibility both to the state, in connection with various offenses, and to the population itself. A brief description of the loss of trust as a basis for the responsibility of officials is given, taking into account contemporary legislation. Directions for the further development of this legal institution are highlighted. The article examines the opinion of the Russian Constitutional Court on the legitimacy of using the loss of trust as a basis for the responsibility of public authorities. The article examines the normative legal acts, which fix the mechanism for the implementation of the principle of maintaining trust in the activities of the authorities on the part of society. For example, in relation to state civil and municipal employees, a prohibition has been established on statements about the activities of authorities and their assessment, if such actions are not included in the list of their official duties. Such a mechanism for maintaining public confidence in the work of government bodies should contribute to strengthening the unity of the public power system. At the same time we can talk about the existing trend towards a decrease in the level of public confidence in the work of authorized bodies exercising public authority. The corruption and bureaucratization of the activities of officials, the expansion of the powers of law enforcement agencies, a decrease in the independence of the political opposition are pointed to among the possible reasons most often. In this regard, the paper proposes expanding the grounds for responsibility when implementing the procedure for recalling an official.Conclusions. It is necessary to consolidate a full-fledged legislative mechanism of legal responsibility of state bodies and local self-government bodies, which will contribute to the implementation and strengthening of the new principle of the unity of public authority.

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.

CONSTITUTIONAL RESPONSIBILITY DETERMINATION AS A LEGAL RESPONSIBILITY TYPE: ON THE ISSUE STATEMENT

2018 ◽  
pp. 133-140
Author(s):  
N.E. Sadokhina
Keyword(s):  
Russian Federation ◽  
Special Kind ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legislative Changes ◽  
The Stability

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.

scholarly journals An Expanding Meaning of Presidential Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2020 ◽  
pp. 43-52
Author(s):  
A. A. Uvarov
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Public Authorities ◽  
Public Power ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
Fundamental Rights And Freedoms

The paper deals with the issues of interconnectedness and the role of constitutional amendments introduced by the President of the Russian Federation to the current Constitution of the Russian Federation on January 20, 2020. In assessing the meaning and content of a great deal of amendments to Chapter 3 of the Constitution of the Russian Federation, the author concludes that they have additional, however, sometimes more important value in the context of the hierarchy of constitutional norms, which is directly related to the chapters of the Constitution that are not subject to any revision. Despite the formal inalterability, the foundations of the constitutional order have in fact as a result of the amendments gained such new provisions as: “the stateconstituing people that is a part of the multinational union of equal peoples of the Russian Federation”; “ban on alienation of a part of the territory of the Russian Federation and calls for such actions”; “non-enforcement of decisions of interstate bodies adopted on the basis of the provisions of international agreements of the Russian Federation in their interpretation contrary to the Constitution of the Russian Federation”; “the state guarantee of minimum wage not less than the minimum living wage of the working population.” The rules governing certain fundamental rights and freedoms of man and citizen (art. 37–39, 44 of the Constitution of the Russian Federation) have been supplemented with new content without being formally altered. Ambivalence of local self-government leading to opposition between local and state authorities, partly resulting from the provision of Article 12 of the Constitution of the Russian Federation concerning the autonomy of local self-government bodies. Their failure to enter the system of public authorities is partially minimized by the provision on their unity in the system of public power. However, many, and at first glance minor, amendments to Chapter 8 of the Constitution of the Russian Federation significantly reduce the potential of power for the local population, turn the constituent rules concerning its powers to the reference rule. The conclusion draws attention to some issues in the activity of the Constitutional Court of the Russian Federation on the implementation of these constitutional amendments.

scholarly journals The nature of fee charged for provision of public services

2018 ◽  
Vol 2 (4) ◽  
pp. 68-85
Author(s):  
M. Khoroshaylova
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Future Research ◽  
Constitutional Court ◽  
Public Authorities ◽  
Scientific Methods ◽  
The Public ◽  
Legal Method ◽  
General Scientific ◽  
The Government

The subject. This paper is devoted to the study of the legal nature of fees charged by the public authorities for the provision of public services.The main aim of the paper is to substantiate the answer on the question is this fee a price or a fiscal charge?The methodology of the study includes general scientific methods (analysis, synthesis, description) as well as particular academic methods (formal-legal method, interpretation of legal acts). The decisions of Russian Constitutional Court are also analyzed.The main results and scope of their application. The article focuses on analysis of the features and functions of the government, ratio of functions of the government and functions of the public authorities, their powers. State power is exercised by bodies of state power or specially authorized entities on behalf of the state and in the public interest. It excludes the exchange nature of the relations when these bodies and entities implement state power. The nature of the establishment and collection of the fee excludes the equivalence between the size of fee and the size of collection costs of the authorized entity. Therefore, there is no equivalence in the relations on payment of the fee, and therefore the fee has no compensatory character. In turn, the nature of the actions performed by the authorized entity on behalf of and in the interests of the public legal entity, excludes their absolute determi-nation by actions of the payer of the fee. The results of research may become a crucial point for future research of legal regulation of fees.Conclusions. If a public authority carries out activities related to implementation of governmental and authoritative powers, the fee is based on public law. If an activity can not be associated with implementation of governmental and authoritative powers, the fee can be subject to civil law regulation.

scholarly journals Binding Tax Rate Information (WIS) as an expression of the principle of trust in public authorities and the principle of legal certainty

2021 ◽  
Vol 35 ◽  
pp. 119-135
Author(s):  
Zuzanna Raszczyk
Keyword(s):  
Tax Law ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Public Authorities ◽  
Tax Rate ◽  
Main Research ◽  
Goods And Services ◽  
Legal Method ◽  
Binding Rate ◽  
Rate Information

Binding Rate Information (WIS) is a new tax law system institution, in force since 1st November 2019. It is a regulation introducing the possibility of obtaining a decision of the tax authority in the scope of taxing goods and services for the supply of goods, import of goods, intra-community acquisition of goods or provision of services. The issued decision is binding, and therefore provides protection for the taxpayer. In a way, this regulation is an expression of the principles of trust in public authorities and of legal certainty, which is extremely important in the field of tax law. The main research objectives of the article are the legal analysis of the new regulations regarding Binding Rate Information, and an attempt to show that the new WIS institution fully implements the principles of legal certainty and of trust in public authorities as expressed in art. 121 o.p. The author uses the dogmatic-legal method to analyze the legal texts as well as the views of doctrine and case-law.

scholarly journals TERMINATION OF POWERS OF A JUDGE OF THE CONSTITUTIONAL COURT OF UKRAINE AS A COMPONENT OF THE MECHANISM TO ENSURE ITS INDEPENDENCE

2021 ◽  
Vol 1 ◽  
pp. 55-72
Author(s):  
Gennadii Dubov ◽  
Bohdan Bondarenko
Keyword(s):  
Public Administration ◽  
Research Result ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Institutions ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Systematic Method ◽  
Constitutional Review ◽  
Legal Method

The article is devoted to the study of the grounds and procedure for termination of a judge's powers of the Constitutional Court of Ukraine as a constituent of ensuring its independence. The article aims to establish the reasons for the insufficient level of ensuring the independence of the Constitutional Court of Ukraine in terms of failure to comply with the current legislation on termination of powers of judges of the Constitutional Court and suggest recommendations to overcome defined problems. A set of methods was used for the study, such as: 1) a formal legal analysis of the texts of regulatory legal acts; 2) the historical and historical-legal analysis actualized and compared problems related to the independence of judges of the Constitutional Court during the events of 2008, 2010, 2014, and 2020-2021; 3) the comparative-legal method was used to compare the legal regulation of constitutional review bodies in several post-Soviet states with the transitional nature of legal and public administration systems; 4) the formal and dogmatic method allowed us to conclude the content of legal regulation for termination of powers of a judge of the Constitutional Court and changes in such regulation underwent during the existence of constitutional jurisdiction in Ukraine; 5) the systematic method defined the forms of interaction between legal institutions, in particular, the institution of removal from office in criminal proceedings and the institution of independence of judges of the Constitutional Court. As a research result, we described the key problems in the practice of termination of powers of judges of the Constitutional Court of Ukraine and suggested recommendations to solve defined problems. The value of this article, first of all, is due to the study of events in the Constitutional Court during 2008, 2010, 2014, and 2020-2021.

scholarly journals Administrative offences law (constitutional prospects of codification).

2020 ◽  
Vol 4 (3) ◽  
pp. 123-138
Author(s):  
Sergey D. Knyazev ◽  
Konstantin V. Aranovskiy ◽  
Yuri M. Danilov
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Case Law ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Pass Through

The subject of the research is the problems of constitutional law enforcement of administrative offences legislation, taking into account the prospects for its new codification. The purpose of the article is confirmation or confutation of the hypothesis that the effectiveness of the new Code of administrative offences depends on whether the legal positions of the Constitutional Court of the Russian Federation on the principles of administrative responsibility will be taken into account when drafting it. The authors use methods of complex analysis, synthesis, as well as formal-legal method of interpretation of Constitution, legislation on administrative offences and judicial decisions of Russian Constitutional Court. The main results and scope of their application. The administrative torts law in Russia is expected to pass through the total review up to the grounds of its codification in close future. The article presents initial positions of that changes within basic frames produced by Russian Constitutional Court. Its case-law has already invaded into many spheres and details in respective sphere of legal rules and also prescribed a lot for their future. This case-law yet is necessarily made within its inherent range for it is ever constrained procedurally by content of actions and cases to be settled. However Russian administrative torts law is destined for reformation in new code-making in view of constitutional case-law and in order to do better with neighbor spheres of legal responsibility. Disputable matters of administrative liability, the company’s responsibility with psychical fiction on its fault (corporative thinking, wishing, desire, diligence), substantial and procedural equity etc. are described and discussed in the article as to the administrative law of torts on in its constitutional dimension. Conclusions. The Code of administrative offences of the Russian Federation does not fully meet the legal needs of society. Work on real improvement of this code will continue, therefore, legal science should be more strongly and persistently to implement in legislative practice constitutional ideas about improvement of codification and ensuring unity of legal space of the country. In particular, it is necessary to settle the debatable aspects of tort liability, the guilt of legal entities when it is addressed by fiction to the phenomena of the psyche (thinking, goals, will, caution), the constitutional and legal foundations of justice in the field of administrative penalties, procedural enforcement of rights and freedoms, etc.

CONSTITUTIONAL LEGAL VALUES: CONCEPT, TYPES, AND HIERARCHY

2020 ◽  
Vol 6 (2) ◽  
pp. 73-91
Author(s):  
Dmitry A. AVDEEV
Keyword(s):  
Russian Federation ◽  
The State ◽  
General Nature ◽  
Public Order ◽  
Constitutional Court ◽  
Public Authorities ◽  
State Security ◽  
Legal Method ◽  
Legal Literature ◽  
The Russian Federation

Constitutional values are fundamental factors in determining the vector of development of the domestic state and law. Analyzing the law enforcement practice, as well as the interpretative activity of constitutional justice bodies, primarily the Constitutional Court of the Russian Federation, it is possible to trace which values in the event of legal conflicts receive priority over others. This, in turn, allows most researchers to talk about the hierarchy of constitutional values. What constitutes constitutional values and what should be considered as such is highly controversial in the legal literature. In this article, the author considers constitutional values, analyzes their legal nature and place among other legal values. It offers an author’s vision of understanding constitutional values and their difference from constitutional principles and other provisions of a constitutional nature. It is proposed that the constitutional values include legal freedom, property relations, public order and state security. Constitutional values should not be confused with other provisions of the Constitution of the Russian Federation. The author analyzes the opinions expressed regarding the classification and hierarchy of constitutional values. The problems of their institutionalization at present in the Russian Federation are substantiated, as well as some possible ways of overcoming their speedy implementation in contemporary social reality are expressed. It is concluded that the implementation of constitutional values entirely depends not only on social and economic conditions, but also on the system of public authorities created in the state whose activities should contribute to the realization of individual legal freedom, protection of various forms of ownership, ensuring public law and order and state security. The research methodology is based on the dialectical method, which made it possible to identify the features of constitutional-legal values and their place in the system of socially significant values of public order. The use of the comparative (comparative legal) method contributed to the determination of the properties of those values that may be called constitutional, and to find differences from other legal values. With the help of historical and prognostic methods, the invariability of constitutional and legal values was substantiated and proved regardless of the historical development of the state and law, which indicates their universal (general) nature.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

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.

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