scholarly journals Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy

2020 ◽  
pp. 22-36
Author(s):  
Irina Aleksandrovna Chebotareva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Public Authority ◽  
Federal Legislation ◽  
Special Importance ◽  
New Strategy ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

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.

scholarly journals Challenges to ensuring the national security of the Russian Federation

2021 ◽  
pp. 30-39
Author(s):  
А.К. Илембетов ◽  
С.А. Комаров
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Modern World ◽  
The Subject ◽  
The Russian Federation

Аннотация. В данной статье рассматриваются вопросы, затрагивающие правовое регулирование в сфере обеспечения национальной безопасности Российской Федерации. Дается изложение таких понятий как: предмет, объект, задачи и цели в обеспечении национальной безопасности Российской Федерации, обосновывается идея о том, что национальная безопасность Российской Федерации надёжно обеспечивается только при повышении устойчивости страны к внешним и внутренним угрозам, что без приспособления к экономическим, политическим, военным угрозам современного мира, невозможно обеспечить безопасность государства. This article discusses issues affecting legal regulation in the field of ensuring the national security of the Russian Federation. An outline of such concepts as the subject, object, tasks and goals in ensuring the national security of the Russian Federation is given, the idea is substantiated that the national security of the Russian Federation is reliably ensured only with an increase in the country's resistance to external and internal threats, which without adaptation to economic, political, military threats of the modern world, it is impossible to ensure the security of the state.

scholarly journals Problems of Legal Regulation of Changes in the Types of Land Plot Permitted Use in the Conditions of Abolition of Land Division into Categories

2021 ◽  
Vol 1 ◽  
pp. 28-34
Author(s):  
Galina L. Zemlyakova ◽  
Keyword(s):  
Urban Planning ◽  
Direct Instruction ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Current Version ◽  
Land Plot ◽  
The Russian Federation ◽  
The Government ◽  
Near Future

The article deals with the problems of the Institute of urban planning zoning, including those arising from changes in the types of permitted use of land plots in terms of the possible introduction of territorial zoning instead of dividing land into categories. Despite the fact that the bill on the abolition of land categories was never adopted by the State Duma, nevertheless, the President of the Russian Federation has repeatedly pointed out the need for such a law in his instructions to the Government of the Russian Federation. Due to the fact that according to the Constitution of the Russian Federation in the current version, the instructions of the President of the Russian Federation are a direct instruction to the Government of the Russian Federation, the author believes that in the near future the issue of the abolition of land categories will become relevant again. However, in order for such a law to be adopted and not cause a serious blow to the system of land turnover, the existing institution of urban zoning must be perfectly verified.

scholarly journals On the Legal Regulation of Science

2021 ◽  
Vol 3 (3) ◽  
pp. 16-44
Author(s):  
Gennady Shepelev
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Documents ◽  
Production And Consumption ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Market Relations

The analysis of legal documents in the field of science is carried out. The main areas of analysis include the following blocks: the subject of the scientific sector; the main participants in the process of production and consumption of scientific knowledge, their market and non-market relations; the management system of the scientific sector, including provision of the resources to the scientific sector. The analysis of the existing documents (laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, orders of ministries, etc.) was carried out for each of the selected blocks. The influence of the legal documents on the solution of certain issues of the organization of scientific activity is analyzed, and possible directions for improvement regulatory legal acts to optimize the functioning of the scientific sector are proposed.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals The Law of the Russian Federation on Amendment to the Constitution of the Russian Federation: Evolution of Legal Properties

2020 ◽  
Vol 15 (8) ◽  
pp. 43-54
Author(s):  
N. E. Taeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Public Power ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Law Making ◽  
Legal Force

The paper, on the basis of the analysis of legislation, the RF Constitutional Court jurisprudence, as well as practice of law-making on amendments to the Constitution of the Russian Federation, describes the process of evolution of legal properties of the law under consideration. The paper investigates such legal properties of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation as legal force, the subject of the legal regulation, the procedure for adoption and entry into force. The author believes that any change of these legal properties has an impact on the legal properties of the Constitution of the Russian Federation, and primarily on its stability. The paper draws special attention to the Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of MArch 14, 2020, No. 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power.” According to the author, there was another transformation of the legal properties of the Law on Amendment. This transformation concerns the order of its entry into force. Provisions of the Law of the Russian Federation on Amendment to the Constitution adopted in 2020 contain both norms that amend the constitutional text and norms not intended for inclusion in the text of the Constitution of the Russian Federation that are technical and transitional in nature. In this regard, the author deals with the question whether the Law on Amendement itself may establish additional conditions for its entry into force other than those provided for by the federal legislation.

scholarly journals ATTRACTION OF INVESTMENTS USING THE OFFSET AGREEMENT

2020 ◽  
pp. 98-104
Author(s):  
A. Y. Petrakov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
The State ◽  
Private Partnership ◽  
Federal Level ◽  
Investment Volume ◽  
The Subject ◽  
Investment Agreement ◽  
The Russian Federation

The article is devoted to an offset agreement (a state agreement which is providing for counter-investment obligations of a supplier-investor to create or modernize and (or) develop production of goods in the territory of a subject of the Russian Federation to provide the state needs of a subject of the Russian Federation). In addition to the legal regulation of offset agreements, their subject composition is also determined, and the features of their conclusion are highlighted. The study analyzed all 4 offset contracts currently signed in Moscow and the Moscow region. According to the author, the offset agreement is an investment agreement, and the interaction of the subject of the Russian Federation and the supplier-investor in the implementation of the offset agreement can be qualified as a public-private partnership that is beneficial to both the state and business: the benefits that are received by the subject of the Russian Federation and the supplier-investor are given. As an improvement of the legal regulation of offset agreements, the author suggests providing for the possibility of concluding them at the federal level, as well as differentiating the minimum investment volume depending on the level of socio-economic development of the subject of the Russian Federation. The conclusion is made that public-private partnership, carried out in the analyzed form of agreement, is a promising mechanism for attracting investment in the constituent entities of the Russian Federation.

scholarly journals Specific Features of Certain Aspects of a Delivery Contract for the State and Municipal Needs in the System of the Government Order in the Russian Federation

2019 ◽  
Vol 8 (4) ◽  
pp. 11534-11538
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
National Welfare ◽  
The Russian Federation ◽  
The Government ◽  
Civil Contract ◽  
Welfare Fund

The article is devoted to the analysis of certain aspects of a modern contract of goods delivery for the State and municipal needs, the legal significance of the contract of delivery in the system of the Government Order. The contract of delivery is an essential part of the execution of the State and municipal contract, i.e. the contract concluded on behalf of the Russian Federation Government, any subject of the Russian Federation or municipal settlement with governmental or municipal customer to provide state or municipal needs respectively. By this time there are still serious disputes concerning the role of the delivery contract for the State and municipal needs as a type of civil contract, as well as in the legal regulation and maintenance of the governmental and municipal contract. The significance of matters mentioned is connected with the fact that the Government Order carried out by means of a delivery contract not only meets State and municipal needs but can be also regarded as the basis for running target programs of budget and extra-budgetary financing, as well as the formation of the National Welfare Fund

scholarly journals Human Rights Activities of Human Rights Commissioners: Issues and Prospects

2020 ◽  
Vol 10 ◽  
pp. 76-80
Author(s):  
Dmitriy E. Gulyaev ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
Federal Legislation ◽  
Federal Level ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation

The article analyzes the problems that are currently being actively discussed by state authorities in the implementation of human rights activities by the Ombudsman in the Russian Federation and ombudsmen in the subject of the Russian Federation. The article contains suggestions for solving the problem of the lack of legal mechanisms for the transfer of powers by ombudsmen to other representatives during inspections of complaints received from citizens of the Russian Federation. The results of the analysis of the legislation of foreign countries are presented, on the basis of which the model of a special official of the Ombudsman suitable for Russia is substantiated, which is designed to increase the effectiveness of human rights activities. It is proposed to establish at the federal level the Institute of Deputy Ombudsman and provide for the possibility of establishing such an institution at the level of subjects of the Russian Federation. Deputies will be elected respectively by the State Duma of the Federal Assembly of the Russian Federation and the legislative (representative) bodies of subjects of the Russian Federation and will have legal status similar to ombudsmen. In this regard, it is proposed to amend the current federal legislation. The article also substantiates the position of the need to expand the range of powers of the Ombudsmen in the subjects of the Russian Federation in relation to territorial authorities, the activities of which are controlled by the President of the Russian Federation.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

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