Journal of Law and Administration
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176
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Published By Mgimo University

2587-5736, 2073-8420

2021 ◽  
Vol 17 (3) ◽  
pp. 41-51
Author(s):  
S. Rusu ◽  
Ion Partachi

Introduction: The article analyzes the basic principles of an ef­fective public administration in the interests of sustainable develop­ment, lists the legislative acts confirming the commitment to these principles. Also, special attention is paid to the state programs for the implementation of the SDGs in the Republic of Moldova, to the special state bodies that are engaged in the implementation of the SDGs and their goals, as well as to the areas in which the Republic of Moldova cooperates with international organizations in relation to the SDGs. At the end of the article, the authors describe the main problems faced by the Government of the country in implementing the Principles of Effective Public Administration in the Interests of Sustainable Development and achieving the Sus­tainable Development Goals.Methods and materials: The research methodology is based on the following general scientific and special methods of cognition: the method of system-structural analysis, comparative, and formal-logical method.The article analyzes the materials and data provided by the national institutes of the Republic of Moldova, as well as the data and materials of international organizations, including: the United Nations, the Food and Agriculture Organization of the United Nations, the World Health Organization, the United Nations Children's Fund, the In­ternational Organization for Migration, the International Labour Organization, etc.Results: As a result of the study, it became clear that the Republic of Moldova is actively working towards the implementation of the principles of effective public administration in the interests of sustainable development of Moldova. Despite the difficulties faced by the Republic of Moldova, the country still managed to achieve significant results in this area. The documents adopted at the state level contributed to achieving the goals and meeting the main requirements for the pace and quality of economic development in the period up to 2030.By 2030, Moldova is expected to become a country where poverty and corruption are eliminated, inequality is reduced, social inclusion and cohesion are strengthened, so that "no one is left behind", a country where human rights, gender equality and women's empowerment, the rule of law, environmental sustainability and the well-being of the population are respected and promoted.Discussion and conclusions. In its ambition to achieve SDGS, the Republic of Moldova is facing a myriad of challenges. Despite the fact that significant progress was registered, there is still a lot of work to do at all levels of public administration. Moreover, it is also essential to enhance the system for SDGs implementation moni­toring and evaluation. This 2030 Agenda requires a profound change that goes beyond the economic and political situation of the country. Moldova will achieve the key in­dicators of sustainable development and become a favourable country for the life of its citizens if only it will promote economic development policies of the country. 


2021 ◽  
Vol 17 (3) ◽  
pp. 52-61
Author(s):  
I. A. Denisenko ◽  
A. A. Kuzubov ◽  
N. V. Shashlo

Introduction. In 2021 the labor market takes on a new format. Under the influence of various factors, a new social and labor platform “Trud” is being formed. The COVID-19 virus pandemic has dealt a devastating blow to the economy and the world of work in all countries and in the world in particular, causing triple consequences for eco­nomic growth - a supply shock, a demand shock, and an international trade shock. Three main phe­nomena of our time - demography - XXI, globaliza­tion - XXI and "Industry 4.0" have changed and continue to radically change the world of econom­ics, institutions and the world of society [18]. Digi­talization, virtualization of the economy, its hybrid nature, the emergence of various modifications - platform economy, on-demand economy, general consumption economy, gig economy - transform not only the social and labor space [19]. Changes are taking place in the entire social structure of the economy and society, the classic lines between pro­ducers and consumers, workers and employers are being erased; the former polarity of relations and interdependence between the owners of labor and owners of capital is changing. Thus, the social stra­tum of the new digital economy and network socie­ty is acquiring the character of non-classical, atypi­cal, dynamic and unstable forms. The whole system of social and labor relations in the labor market is becoming the same. In the short term, in the econ­omy and society as a whole, under the influence of information and communication and other break­through technologies, the growth of the availability of digital infrastructure, certain changes will occur in the labor market, in this connection, the article highlights groups of technologies that will signifi­cantly affect it: cognitive technologies, cloud tech­nologies, artificial intelligence, industrial Internet, Internet of things, Big Date, blockchain, quantum technologies, neurotechnologies, virtual reality technologies. It has been proven that technologies have already rapidly entered human life, radically changing the conditions of life, motivational at­titudes, and the value of forming the competitive­ness of labor resources. Thus, the transformations taking place in the social and labor sphere under the influence of information and communication technologies, network systems, other resources and institutions of the new digital economy are a com­plete, comprehensive transformation of values, mo­tivational attitudes, hierarchies, sources of develop­ment, resource structure, forms and technologies. interaction, forms and scale of employment, level, structure, income differentiation.Materials and methods. The study was car­ried out on the basis of the following methodologi­cal framework, namely: an integrated approach, a systematic approach, methods of comparative, situational analysis and synthesis, a method of abstract-logical assessment, a method of concre­tization, methods of detailing, typology, grouping, systematization and generalization, induction and deduction, methods of statistical analysis, graphi­cal method.Research results. As a result of the study, an assessment was made of the potential for intra-in­dustry polarization, taking into account the use of information and communication technologies (here­inafter - ICT). It has been proven that information and communication technologies replace individual tasks that are performed by people; respectively, in the market the share of highly qualified experts as well as low-skilled service personnel will increase.The proportion of workers who used ICT in their activities is identified. It was determined that in Russia the maximum number of workers who used ICT in their professional activities were employed in the fields of information and telecommunica­tions, as well as scientific and technical activities. Indicators of the share of workers who used ICTs that were close to the average for Russia were noted in industry, the minimum use of ICTs was in the field of transport, warehousing, postal and courier activities, in the field of water supply. As a result, this made it possible to identify a number of enter­prises with the maximum potential for introducing the latest breakthrough technologies and for refor­matting the structure of the employed population.Discussion and conclusion. The role of the skills and competencies of workers necessary for the formation of competitive labor resources and over­coming various challenges in the labor market is revealed. A core of skills and competencies for effec­tive employment is proposed based on the O*NET content model. It has been proved that promoting the development of non-routine skills is the most relevant strategy for the formation of the competi­tiveness of labor resources in the context of digital and post-viral trends in the transformation of so­ciety. Non-routine social skills related to employee interpersonal interactions and social perception are complemented by ICT applications, with the aim of empowering human capabilities with technology.


2021 ◽  
Vol 17 (3) ◽  
pp. 27-40
Author(s):  
E. V. Pilgun ◽  
O. N. Leshenyuk

Introduction. The article describes the principles of building state policy for the implementation of sustainable development goals in the Republic of Belarus. The authors analyse the compliance of the Belarusian national legislation with the principles of effective public administration in the interests of sustainable development.Material and methods. The study is based on general scientific and special methods. In view of the nature of the researched issues, the comparative research of the legal base of the Republic of Belarus, as well as analogy were of particular importance. Much attention was paid to the analysis of the National Concept of Sustainable Development of the Republic of Bela­rus until 2035 and the Roadmap for the implementation of the SDGs in the Republic of Belarus.Results. The effectiveness of public administration should be assessed by the fol­lowing parameters: security, international recognition, the ability of the state to pro­vide access to quality education and health care, the ability to involve the regions, the ability to provide basic infrastructure (transport capabilities, registration, statistics), the ability to replenish the treasury – taxation, the ability to organize management: the structure of public administration, procedures and selection of management person­nel, rational consumption of goods and services, maximum conservation of ecosystems in the process of natural resource management, cooperation with international part­ners and international organizations, development of integration processes with the countries of the Eurasian Economic Union.Discussion and Conclusions. Today it is necessary to take into consideration that both Belarus and Russia are involved in the implementation of the UN SDGs as part of the implementation of the Union State project. So, it is extremely important to harmonize our approaches, including in matters of effective public administration. And it is necessary to introduce common criteria for evaluating efficiency, which can have a positive effect through the synergy of both systems, to coordinate public admin­istration in both countries. In addition, joint implementation, and preparation of joint projects in terms of improving public administration should be carried out.


2021 ◽  
Vol 17 (3) ◽  
pp. 17-26
Author(s):  
A. I. Goncharov ◽  
D. E. Matytsin ◽  
T. V. Kokoreva

Introduction. The article analyzes the pros­pects for the development of the green banking taxonomy in Russia, its goals and significance for solving environmental and social problems.The authors examine in detail the tools of green finance, such as green investment accounts, digi­talization products, such as the Internet and on­line banking, special bank cards, climate or envi­ronmental/green bonds. The authors also reveal the legal nature of the gradual formation and develop­ment of the taxonomy of "green banking" at the in­ternational and national level.Materials and methods. The study uses in­ternational documents of the United Nations and the European Union on the environment, the work of reputable scientists that address the issues of green banking and green finance tools. The meth­odological basis of the research is based on inter­related techniques, means and methods of cognition of social phenomena. The study uses such general scientific methods and methods of cognition as induction and deduction, analysis and synthesis, analogy, comparison. In the course of this study, special attention was paid, in particular, to the method of comparative law, to the system and func­tional approaches, and also the formal legal method was used.The authors relying on the system analysis, reveal the process of taxonomy development and identifies its principles, goals and objectives.The results of the study. As a result of the analysis, the authors conclude that most business entities mistakenly believe that the consequences of climate change are relevant only in the long term, however, with the emergence of information about the global nature of the potential financial consequences of climate change, this approach is gradually changing in the direction of investors’ increasing attention to projects in green banking, in connection with which we can offer the following recommendations for the formation of the green fi­nance market and the development of environmen­tal management in the banking sector:Development and implementation of regu­latory documents containing the rules and condi­tions for working with green finance instruments, which include green bonds, green loans and green project financing.Creating a system of economic and social incentives from the state to increase the attrac­tiveness of green finance, including compensating banks for the difference between market rates on loans and the lower cost of green loansAllocation of a separate section on the Moscow Exchange for the circulation of green gov­ernment and corporate securities.Enhancing international cooperation in the field of environmentally sustainable financeDiscussion and conclusion. The materials of this article substantiate the stages and historical roots of the formation of green banking, as well as the specific tasks of the taxonomy for banks and fi­nancial institutions. The authors comes to the con­clusion that the tools of green finance are:- climate or environmental/green bonds. Among the most popular areas of investment are projects aimed at the development of alternative energy sources, low-carbon transport, and energy efficiency;- green lending, for example, green mort­gages are housing loans that meet certain environ­mental standards. Green lending is not limited to housing construction alone. Bank loans designed to finance sustainable projects are also used in agri­culture, industry and the service sector;- special bank cards. For example, Pochta Bank offers to issue a Green World bank card to a savings account. When paying with a card for every 4,000 rubles spent, the bank finances the planting of one tree in one of the country's national parks. At the same time, the client receives an electronic certificate indicating the location of the planted trees;- the tools of green banking can also include products in the field of digitalization, such as the Internet and online banking.


2021 ◽  
Vol 17 (3) ◽  
pp. 3-16
Author(s):  
O. V. Bakhlova ◽  
I. V. Bakhlov ◽  
E. G. Ulyasckina

Introduction. The Union State of Belarus and Russia is one of the privileged integration formats for the Russian Federation. However the Union State and the participating countries are under pressure caused by internal and external challenges including those rooted in the political dimension. The lack of the union-level political community and the weak institutionalization of public support for the Russian-Belarusian integration increase their danger. The purpose of this article is to identify the specifics of the perception of the Union State by the political parties of the Russian Federation and the Republic of Belarus as an integration format taking into account the key vectors of the state integration policy articulated by them.Materials and methods. The main research methods include comparison, traditional and formal­ized study of documents. The research is based on the program texts of the political parties of the Russian Federation and the Republic of Belarus – their of­ficial programs and charters, election documents, as well as their party websites and mass media.The results of the research. The analysis of these materials made it possible to characterize the dominants and constants of the party discourse in Russia and Belarus, to show the similar and distinc­tive features in it. The major issues concerning the integration policy,recorded in party documents are shown. Special attention is paid to the parties rep­resented in the national parliaments as having the greatest legal opportunities to influence the adop­tion of integration decisions. Almost all of these parties can be considered as pro-integration ones. At the same time, the limited political functionality of the parties in both countries and the lack of posi­tions on issues of integration policy and prospects for the development of Russian-Belarusian integra­tion elaborated in detail in the party programs are emphasized. The interest in the Union State in the party programs as a whole is inferior to the interest in the Eurasian integration.Discussion and conclusions. The necessity of increasing the political functionality of Russian and Belarusian parties as agents of union construc­tion is substantiated. The mechanisms of the federal and regional levels that allow Russian parties to become more active in this capacity are articulated. The trends in the evolution of the party system of the Republic of Belarus are revealed, which allow us to predict a relative improvement in the prospects for creating new pro-integration parties and promot­ing inter-party diplomacy with the participation of the leading parties of the Russian Federation in line with the public diplomacy of the Union State.


2021 ◽  
Vol 17 (2) ◽  
pp. 3-12
Author(s):  
T. N. Litvinova

Introduction. The article is devoted to territorial interethnic disputes in the North Caucasus of the Russian Federation, both “frozen” and ongoing, and their impact on regional political processes.Materials and methods. The theoretical and methodological foundations of the study are the concept of ethnic boundaries and social distance by F. Barth, the works on ethnopolitical conflicts by D. Horowitz, M. Toft, as well as the research of Russian scientists, such as A.V. Avksentiev, D.A. Dmitriev and others. For the North Caucasus, the issue of land ownership, the historical territory of the people has always been painful, it has been the main reason for and factor of interethnic distancing. This research is based on: 1) analysis of official documents of federal and regional authorities; 2) studying declarations of ethic movements and interviews of politicians; 3) media monitoring; 4) classification and situational analysis.Results. The considered territorial disputes in the North Caucasus can be classified in terms of the  factors underlying the conflicts: territorial disputes as consequences of deportation (North Ossetia and Ingushetia, Dagestan); the problem of divided peoples (Lezgins); disputes over unsettled land ownership (Kabardino-Balkaria, Karachay-Cherkessia and Dagestan); disputes over administrative boundaries (Chechnya and Ingushetia, Chechnya and Dagestan).Discussion and conclusion. Taking into account the fact of significance of the “historical territory” for the North Caucasian peoples, the resolution of territorial disputes should be carried out with respect for historical memory, with the involvement of conciliation procedures that have strong traditional foundations in North Caucasian societies. Territorial conflicts and grievances lead to mobilization of the people, the growth of protest moods and regional political instability, therefore land issues should be resolved with the involvement of the public opinion. This will help to avoid clashes on an ethno-territorial basis and increase the trust in the authorities.


2021 ◽  
Vol 17 (2) ◽  
pp. 33-41
Author(s):  
K. V. Karpenko

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.


2021 ◽  
Vol 17 (2) ◽  
pp. 23-32
Author(s):  
A. I. Goncharov ◽  
A. O. Inshakova

Introduction. The article describes the development of digital technologies for customs regulation of foreign economic activity in the EAEU space. Despite the existence of a single economic space, each state that is a member of the EAEU has the right to introduce its own rules for the movement of goods and persons across the customs borders, as well as rules for the inspection of such goods in customs control zones. In practice it is a situation in which customs carriers must take into account both their domestic legislation and the general rules in the field of customs transport in the EAEU and the relevant licensing requirements. Because of this, different approaches come operational in the organization of the activities of customs carriers, customs representatives, authorized economic operators, owners of temporary storage warehouses and customs warehouses. The lack of uniformity in this area does not allow us to develop a single mechanism for the movement of goods and persons across the customs borders, which generates contradictions between the customs authorities of the partner countries. The identified problems require mandatory resolution, since they reduce the growth rate of foreign economic activity in the EAEU space.Materials and methods. The authors investigated a complex of normative and scientific sources. In terms of the legal aspects of the development of digital technologies of customs regulation of foreign economic activity, the Treaty on the Eurasian Economic Union, the Customs Code of the Eurasian Economic Union, the Federal Law "On Information, Information Technologies and Information Protection", the Decision of the Board of the Eurasian Economic Commission of 10.12.2013 No. 289 (ed. of 21.05.2019) were studied. From the doctrinal developments, the works of representatives of jurisprudence and scientistseconomists were considered, including the authors: Alyokhina O.V., Afonin P.N., Borisov K.G., Ignatieva G.V., Inshakova A.O., Kormych, Borys, Kovalev S.I., Matytsin D.E., Ostroumov N.V., Pavlova Ya.V., Plotnikov A.V., Rusakova E.P., Smirnova I.A., Tarasova N.L. Frolova E.E., Khrunova A.L. On logic Empirical materials were also used for the discussion of the topic.Results. The article proves that in modern foreign economic activity digital technologies are used more and more intensively in the process of moving goods across customs borders. The digitization of customs control and customs expertise procedures is in great demand. These modes are now deeply computerized and integrated into the risk management system for the movement of goods. It is suggested that customs carriers should be involved in providing more complete and up-to-date information about the goods being transported, and they should be included in the risk management system based on the experience of the EU countries.Discussion and Conclusion. The article critically examines the approaches to the application of the risk management system in Europe and the EAEU. This allowed us to identify the shortcomings that need to be addressed. Firstly, there is no relevant and reliable information on the accounting of customs relations subjects and foreign trade participants in the EAEU space; secondly, there is no regulated control procedure, in particular, the procedure for verifying compliance with customs legislation by foreign trade participants; third, there is no regulated regime for effective interaction of customs authorities with other agencies, economic operators, and each other; fourth, there is no procedure for applying the risk management system at the post-control stage.


2021 ◽  
Vol 17 (2) ◽  
pp. 13-22
Author(s):  
D. V. Ivanov ◽  
V. P. Pchelintseva

Introduction. The article is concerned with international protection and promotion of human rights by the OIC. Recent developments in the international activity of the organization serve as the thematic justification of the study in the first place, as they reveal certain modifications in its approach to human rights. The study covers several theoretical and practical problems of international public law and national legal orders.Materials and Methods. Methodology of the study includes general scientific methods, such as scientific assessment and description, scientific analysis and synthesis, abstraction, scientific explanation etc., and special methods of jurisprudence, such as historical, comparative and dogmatic methods. For the purposes of the study, universal agreements and soft law acts as well as OIC acts on human rights were studied alongside with UN databases and scientific and analytical papers on Islamic law and international public law.Results. The study revealed that activity of the OIC and its member states in the field of protection and promotion of human rights shows more compliance with the universal standards and is likely to continue in that direction. It outlines the pluralistic approach of the OIC to human rights teachings and its concurrent commitment to Islamic and universal human rights concepts. Modifications in the OIC protection of human rights of vulnerable social groups are explored.Discussion and conclusion. Activity of the OIC in the field of international human rights protection is analyzed from the standpoint of cultural relativism, the views on possible achievement of compatibility of human rights in Islam and universal standards are supported, the approach of the OIC to human rights is considered to reflect the particularities of approaches to human rights of Islamic states and international public law. At the same time ineffectiveness of certain human rights protection measures taken by some mechanisms of protection of human rights of the OIC are pointed out.


2021 ◽  
Vol 17 (2) ◽  
pp. 53-60
Author(s):  
G. M. Khamitova ◽  
A. I. Khabirov

Introduction. The article considers international and national experience in legal regulation of medical waste disposal. The special attention is given to foreign experience and possibility of application and perfection of the legislation on medical waste recycling in the Russian Federation.Materials and methods. Realization of research tasks has been reached on the basis of studying theoretical and practical experience of foreign countries concerning regulation of medical waste utilization. The study is based on the method of analysis of the current regulatory and legal framework in the Russian Federation, the practice of applying the legislation by judicial and other competent authorities and existing European (world) standards for the purposes of legal unification. Study results. In the article experience of the foreign countries concerning legal regulation of medical waste recycling, presented in the works of foreign and domestic researchers, the legislation of foreign countries is considered; the analysis of the sources regulating recycling of medical waste is conducted; various concepts of classifications of medical waste are revealed.Discussion and conclusions. The study showed that polymorphism of medical waste is both an epidemiological and environmental hazard. The problem is compounded by the potential hazards that arise from contact with these wastes, such as toxicity, radioactivity and infection. This is why environmental and environmental legislation is of particular importance, along with health and sanitary legislation. These legal norms should be taken into account by medical institutions when developing procedures for handling hospital waste. On the basis of the above-stated it seems expedient to study the experience of developed countries, in particular of the USA and the European states, concerning legal regulation of utilization of medical wastes as the problem of safe handling of medical wastes is important for each subject of the Russian Federation.


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