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2022 ◽  
Vol 5 (4) ◽  
pp. 78-88
Author(s):  
E. S. Shugrina

The subject of the research are the materials of judicial practice (texts of court decisions and information sources, the content of information about the results of court hearings), data from sociological surveys.The purpose of the article is to identify the relationship between the knowledge of municipal law, local self-government or urbanism obtained during training at a university and subsequent professional activities related to local self-government carried out at different levels of public authority.The methodology. A comprehensive methodology was used, including legal and sociological research methods. Formal legal, legal technical and comparative legal were used among the legal methods. The sociological methods include the method of expert survey and the method of content analysis, which makes it possible to reveal the real position of the respondent, if he wants to disguise it not only the positions expressed, but also the words actually used were analyzed. The most repeatable ones were identified with the help of special software products.The main results, scope of application. Quite significant amendments were made to the Russian Constitution in 2020. One of the novels concerns a unified system of public power, the inclusion of a new term in the text of the constitution. The implementation of these novels in the legislation on local self-government is expected after the completion of the formation of the updated composition of the Federal Assembly. For this, it is necessary not only to reveal the term itself and list the levels of public authority, but also to establish new principles of their relationship, incl. in a sense, uniform standards, rules and requirements for state and local authorities. One of the possible consequences of this may be an increase in the prestige of work in local self-government bodies, a change in attitudes towards work in local self-government bodies.Conclusions. The analysis of the materials of law enforcement practice, the data of opinion polls on trust in local self-government bodies, attitude to the results of the work of local self-government bodies and their officials show that of all levels of government the municipal level is least trusted. Unfortunately, such an attitude begins to form in the process of training future employees of public authorities at different levels.


2022 ◽  
Vol 5 (4) ◽  
pp. 43-54
Author(s):  
A. V. Malko ◽  
D. A. Lipinsky ◽  
R. S. Markunin

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.


2021 ◽  
pp. 20-24
Author(s):  
D.A. Emelyanova ◽  
K.A. Sinkin

The article deals with the issues of the concept of the powers of the prosecutor in the exercise ofprosecutorial supervision of the criminal procedural activities of the bodies of inquiry. The authors havecome to the following conclusions. The powers of a prosecutor in criminal proceedings are a set of his rightsand obligations provided for by criminal procedural norms aimed at implementing his functions in criminalproceedings in order to achieve his appointment. In essence the powers are a form of expression of the willof the prosecutor as a public authority. An important feature of the concept of «prosecutor’s authority» is thatit can be defined and established only in a law or other normative legal act that has binding force. Often in the special literature the concepts of powers and legal means of the prosecutor are interpreted as equivalent.In the opinion of the authors it is wrong to identify these concepts. The powers represent the rights of theprosecutor provided for by law. In fact these are the possibilities of the prosecutor regulated by law. Thepowers of the prosecutor are broader than legal means since they cover a larger range of prosecutorialactivities. As a final conclusion the authors define the powers of the prosecutor in the supervision of thecriminal procedural activities of the bodies of inquiry which is understood as the totality of his rights andobligations provided for by criminal procedural norms aimed at the implementation of his functions incriminal proceedings in order to achieve his appointment


Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.


2021 ◽  
pp. 135-145
Author(s):  
Petro Antonovych Trachuk ◽  
I. A. Nesterova

  The authors attempt to explore the nature of local public authority, its sources of legitimacy, its types and forms. An idea of the constitutional and legal bases of the organization and activity of local public authorities and its bodies is given there. The existing systems of local self-government in different states are analyzed; attention is focused on the difference between the concepts of “self-government” and “management”. The problems of administrative reform in Ukraine in the context of globalization are analyzed there.


2021 ◽  
pp. 55-78
Author(s):  
Nenad Đurđević ◽  

The Law on Sports of the Republic of Serbia from 2016 established a unique system of financing sports from the budget of the Republic of Serbia, the autonomous province and local self-government units, in terms that certain common rules have been established that apply equally to all levels of public authority respecting certain features of sports financing from the level of local self-government units. Programs and projects that may be financed from the budget of a local self-government unit must meet the needs and interests of citizens recognized by law in the area of sports respecting priorities set by the Law. In his paper, the author analyzes five years of application of the Law on Sports (2016 – 2020) regarding the process of approving and financing programs in the field of sports in the municipalities and cities of the Republic of Serbia, showing the numerous problems that have appeared in this field. They refer both to the process of approving program proposals and concluding contracts on the implementation of approved programs, as well as to the process of controlling the implementation of programs and achieving the planned effects.


2021 ◽  
pp. 78-97
Author(s):  
Geneviève Nootens
Keyword(s):  

2021 ◽  
pp. 159-175
Author(s):  
Geneviève Nootens
Keyword(s):  

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Diana Rustеmovna Fatikhova ◽  
Elmira Mansurovna Ziiatdinova

The paper investigates the communicative model’s influence on the local self-government development in Russia. The research’s relevance lies in the role of communication in the institutionalisation of local government in Russia and is determined by the weakness inherent in local government institutions here. The nature of local self-government in the Russian Federation is contradictory. Local self-government bodies are closely connected with the state power and dependent on it, and at the same time they are legally excluded from the system of state power bodies. The internal political events of the first half of 2020 indicate a new turn in the development of local self-government in the Russian Federation. According to the amendments to the Constitution of the Russian Federation adopted following the referendum of July 1, 2020, local self-government and state authorities are part of the unified public authority system in the Russian Federation, while at the same time local self-government bodies may be vested with certain state powers, provided that the material and financial resources necessary for the exercise of such powers are transferred to them. The implementation of the delegated powers to local self-government bodies is controlled by the state.


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