scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

Author(s):  
Marina Afanas'evna Lapina

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.


Author(s):  
Konstantin Evgenevich Shilekhin

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.


JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 44-53
Author(s):  
Miroslava I. Petrovskaya ◽  

The article is devoted to the justification of the specifics of public administration in the field of forced migration. The specifics of this type of migration, peculiarities of its administrative and legal regulation are revealed. The purpose of the work is to obtain theoretical conclusions and to develop practical recommendations for improving the system of management of forced migration in Russia. The target is public administration in the field of forced migration. The subject of the study is a set of rules of administrative law of the Russian Federation, which establish general provisions of public administration of forced migration, as well as the range of subjects, institutions and mechanisms used in the process of ensuring the functioning of the system of reception of forced migrants. The methodological basis of the study was the methods: dialectical, private methods — systemic-structural, comparative-legal, formal-logical and historical-legal, statistical and other methods of scientific knowledge. Within the framework of the proposed study, ways are outlined to solve the problems identified by the author of organizing the foundations of management in the field of forced migration in Russia. Recent legislative changes that have not yet been the subject of scientific research are under consideration. For the first time since the transfer of migration powers to the system of the Ministry of Internal Affairs of the Russian Federation, current changes related to the implementation of powers in the field of forced migration have been analyzed.


Author(s):  
Eleonora Romanovna Vinner

The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 of the Criminal Code of the Russian Federation.


Author(s):  
Sadykov Ramil Midkhatovich Sadykov Ramil Midkhatovich ◽  
Nataliya Leonidovna Bolshakova ◽  
Rita Khurmatullovna Khamadeeva

The article examines the issues of the modernization of the system of social services for the population in the framework of the implementation of the Federal Law «On the Basics of Social Services for Citizens in the Russian Federation.» The subject of the analysis is the legal norms governing the specifics of the provision of social services. The innovations in the service system that have occurred within the framework of the adoption of the new legislation of the Russian Federation are considered in detail. Positive changes in social policy required bringing the sphere of legal regulation of the system in line with the modern stage of the development of society. The important innovations are in the legislative requirements to the organization of social services, the parameters for assessing citizens in need, and the determination of per capita indicators for financing the services. However, along with positive aspects, in practice there are some shortcomings concerning, in particular, the imperfection of the delineation of powers between the Russian Federation and its constituent entities, the lack of legal norms on many social services, their clear normative quality indicators, shortcomings in the system for identifying those in need, problems of law enforcement in the sphere of implementation of certain forms of social services, etc. All these issues dictate the need for further improvement of some of its provisions, the introduction of innovative technologies in the field of social services to the population with the study and application of successful domestic practice and foreign experience, as well as further development of methodological and regulatory framework. The substantial component of the modernization of the system is services that increase the vector of social subjectivity of the needy categories of the population and ensure the improvement of their life and social comfort, and the fact that the institutionalization of the system of social services in the service sector contributes to the expansion of its capabilities in modern conditions.


Author(s):  
Nikolai Kudelkin

The subject of this research is a set of legal norms that regulate social relations in the area of prevention and response to accidental spills of petroleum products. The goal of this work consists in formulation of theoretical and practical conclusions and recommendations aimed at the improvement of legal regulation in this sphere. The relevance of the selected topic is defined by the fact that accidental spills of hydrocarbons is an urgent concern for the Russian Federation. The official data indicates over 17,000 accidents occurred at enterprises of the fuel and energy complex in 2019. The due regulation of prevention and response to spills of petroleum products is definitely one crucial elements in ensuring environmental security of the Russian Federation. The article examines the legal support issues with regards to prevention and response to accidental spills of petroleum products. Based on the analysis of the effective legislation, the author makes a number of conclusions and recommendation. It is noted that the norms regulating the relations in this sphere are for the most part dedicated to the issues of localization and elimination of the spills of petroleum products, i.e. measures taken after the spill. Such crucial problem as the prevention of spills of petroleum products and environmental damage is not given due attention in the legislation. The author also formulates the principle of advanced development of environmental legislation, according to which the legislative and technical regulation of the activity posing heightened risk to the environment and (or) associated with the use of natural resources should be proactive.


Author(s):  
Динара Мансуровна Латыпова

В статье проведен анализ видов преступлений экстремистской направленности, обоснована актуальность исследования составов. В рамках рассмотрения темы исследуются вопросы квалификации вовлечения несовершеннолетних в совершение преступлений экстремистской направленности. Анализируются проблемные вопросы толкования понятий рассматриваемой темы, законодательная регламентация, пробелы правового регулирования. Анализ объективных и субъективных признаков двух групп преступлений - вовлечения несовершеннолетних в совершение преступлений и преступлений экстремистской направленности - обеспечил возможность выявить специфику и особенности квалификации таких деяний. Исследованы правила квалификации вовлечения несовершеннолетних в преступления экстремистской направленности, выведенные из соотношения элементов исследуемых составов преступлений. Рассматриваются вопросы окончания преступных деяний, особенности определения признаков субъекта, а также особенности признаков объективной стороны составов. Сделаны выводы о проблемах и опасности преступлений экстремистской направленности на основе теоретического понимания вопроса в его соотношении с материалами правоприменительной практики, а также об особой опасности вовлечения в экстремизм несовершеннолетних. На основе выявленной проблематики вопроса обозначена необходимость дополнения постановлений Пленума Верховного суда РФ разъяснениями по вопросам вовлечения несовершеннолетних в экстремизм. The article analyzes the types of crimes of extremist orientation, substantiates the relevance of the study of the compositions. As part of the consideration of the topic, the issues of qualification of involving minors in the commission of extremist groups are being investigated. Problematic issues of interpretation of the concepts of the topic under consideration, legislative regulation, gaps in legal regulation are analyzed. Analysis of the objective and subjective signs of two groups of crimes - the involvement of minors in the commission of crimes and extremist crimes made it possible to identify the specifics of the involvement of minors in the commission of extremist crimes and the specifics of the qualification of such acts. The rules for qualifying the involvement of minors in crimes of an extremist orientation, derived from the ratio of elements of the investigated corpus delicti, have been investigated. The article examines the issues of ending criminal acts, as well as the specifics of determining the characteristics of the subject. Conclusions are made about the problems and danger of extremist crimes on the basis of a theoretical understanding of the issue in its relation to the materials of law enforcement practice, as well as the special danger of involving minors in extremism. On the basis of the identified problematics of the issue, it is indicated that it is necessary to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation on extremist cases with clarifications on the involvement of minors in their commission.


2021 ◽  
Vol 1 (12) ◽  
pp. 88-95
Author(s):  
Madina T. Aguzarova ◽  

The subject of the research is aspects of public administration in the field of foreign affairs in the Russian Federation: the concept, legal regulation and the main directions. Conducting an independent foreign policy is one of the main activities of the state. Public administration in the field of foreign affairs is considered as an important part of public administration in general, ensuring the position of the state in the international arena, its external relations. The objectives of the article are to define the concept of public administration in the field of foreign affairs, systematize and characterize the regulatory framework governing the studied public relations; identify the main directions of public administration in the field of foreign affairs in modern Russia.


Author(s):  
Aleksei Savichev

The subject of this research is the legal norms regulating the work of tour guides, guides-interpreters and guides-instructors in the Russian Federation. The author analyzes the positions of the Federal Law of 11.24.1996 No.132-FZ “On the Basics of Tourism in the Russian Federation” and draft Federal Law No.864169-7 “On Amendments to Separate Legislative Acts of the Russian Federation for the Purposes of Improving Legal Regulation of Tour guides, Guides-Interpreters and Guides-Instructors”, as well as regional normative legal acts, establishing requirements on mandatory of voluntary accreditation of these specialist in particular constituent entities if the Russian Federation. The author concludes that the systems existing in the separate constituent entities if the Russian Federation for accreditation of tour guides, guides-interpreters and guides-instructors require improvements. Solution of the problem is seen in organization of the work of the aforementioned subjects of the tourism industry by establishing uniform legal regulation on the federal level. The result of the analysis of the draft Federal Law No.864169-7 produced a number of proposals aimed at improving separate aspect of legal regulation of the work tour guides, guides-interpreters and guides-instructor.


2020 ◽  
Vol 93 (4) ◽  
pp. 133-145
Author(s):  
T. M. Barbysheva ◽  

Public-private partnership (PPP) in the conditions of the set strategic tasks by the President of the Russian Federation until 2030 can become one of the sources of attracting financial resources for implementation of the large-scale projects. In this regard, it is relevant to systematize the forms of PPPs and the scope of their application. Based on a study of different views on the essence of PPP, as well as taking into account the development of public administration in Russia, the author proposed the use of public-public-private partnership as a form of development of cooperation between the state, private business and society. The polyformism of PPPs is reflected in the presented classification. Based on the analysis of PPP development in the regional context, hypothesis on the correlation between the level of PPP and the socio-economic development of the subject of the Russian Federation was confirmed.


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