scholarly journals The balance between centralization and decentralization of anti-corruption legal regulation with regards to public officials

2021 ◽  
pp. 69-90
Author(s):  
Igor Sergeevich Andreechev
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Public Officials ◽  
Legal Enforcement ◽  
Uniform State ◽  
The Subject ◽  
The Russian Federation ◽  
Centralization And Decentralization ◽  
Legal Force

The subject of this research is the anti-corruption legal regulation with regards to public officials from the perspective of balance between centralization and decentralization of such regulation. The goal lies in critical analysis of the established normative framework in the area of prevention of corruption for assessing the effectiveness of the applied mechanism of legal regulation. Anti-corruption legal regulation is characterized with multiplicity of normative acts, distribution or duplication of the normative legal content of acts of superior legal force in the acts of inferior legal force. Special attention is given to the examples of decentralization of anti-corruption regulation and methods of ensuring its coherence. The author provides the examples of centralization of anti-corruption regulation, which stemmed from the development of anti-corruption instruments. The conducted research allowed making recommendations on systematization of anti-corruption legislation with centralization and comprehensive anti-corruption regulation with regards to public officials. The key decrees of the President of the Russian Federation in the sphere of anti-corruption regulation with regards to public officials have been adopted over the period from 2009 to 201, and require refinement, taking into consideration the accumulated experience of their legal enforcement. The author also suggest legislating the content of the principle of uniform state policy in the sphere of prevention of corruption.

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 Anti-corruption standards in relation to public officials: application of the advanced legal regulation by the constituent entities of the Russian Federation

2021 ◽  
pp. 69-85
Author(s):  
Igor Sergeevich Andreechev
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
General Interest ◽  
Public Officials ◽  
The Subject ◽  
The Russian Federation ◽  
Federal Laws ◽  
Corruption Prevention ◽  
The Right ◽  
Current Stage

The subject of this research is the practices of advanced legal regulation of the constituent entities of the Russian Federation on the example of the sphere of corruption prevention. Examination of the regional legislative practices is of particular interest within the framework of implementation of the single state policy in the area of corruption prevention and development of anti-corruption legislation. The selected topic also reflects general interest for the assessment of advanced legal regulation of the constituent entities of the Russian Federation as a whole at the current stage. The goal of this research is to develop proposals on improving anti-corruption regulation on the federal level based on the regional anti-corruption practices, using the formal-legal, systematic, and comparative methods. The conducted analysis allows assessing the regional lawmaking practices, as well as the legislation on corruption prevention. The regional practices are aimed at unification of anti-corruption regulation on the regional and municipal levels, as well as filling the gaps caused by imperfection of the federal legal regulation. The constituent entities of the Russian Federation use the right to advanced legal regulation conservatively, although they have such opportunity in for synchronization of legal regulation on the regional and federal levels. This substantiates the need for addressing these issues in the federal laws. The introduction of anti-corruption restrictions, mechanisms of compliance thereof, and liability for their violation (noncompliance) should be established by the federal laws. The author believes that the considered in the article regional practices deserve support and reflection in the federal laws.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

Judicial Conciliation in the Protection of Consumer Rights during the Reform of the Procedural Legislation of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Empirical Methods ◽  
Problem Statement ◽  
Judicial Process ◽  
Dialectical Logic ◽  
Research Activities ◽  
Consumer Rights ◽  
The Russian Federation

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.

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

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

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.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

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.

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