NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 03/2022
Contents of Issue № 03/2022
Management law
Golubenko K.A. - Legal regulation of the state administration of the Arctic zone: from individual bodies to a single system pp. 1-13


Abstract: The subject of the study is the study of the legal status and scope of powers of the subjects of state administration of the Arctic zone, included and not included in Chapter II of Federal Law No. 193-FZ of 13.07.2020 "On State support of entrepreneurial activity in the Arctic zone of the Russian Federation". The purpose of the study is to identify problematic aspects in the legal regulation of the public administration system of the Arctic zone of the Russian Federation, and the formation of proposals aimed at solving them, as well as the formation of a unified management system of the Arctic zone. Research methods: dialectical method of interrelation of phenomena, general scientific methods of analysis and synthesis, formal-legal, as well as comparative-legal and historical-legal methods. The novelty of the work lies in the fact that this issue has not previously been comprehensively studied by scientists in the field of administrative law, despite the fact that the issues of public administration of the Arctic zone have been one of the central ones for the whole of Russia for many years. Based on the results of the study, the author proposes a unified list of Arctic zone management entities forming its system, as well as specific measures to improve the Arctic zone management system by changing the powers of its individual subjects – the Public Council of the Arctic Zone, the Management Company and special commissions for the development of the Arctic and ensuring national security functioning under the authorities.
Theory and science of administrative and municipal law
Bereznikova А. - Free customs zone in the free port of Vladivostok: assessment of the effectiveness of legal regulation pp. 14-29



Abstract: The object of the study is the application of the customs procedure of the free customs zone (hereinafter referred to as the FTZ) in the free port of Vladivostok (hereinafter referred to as the SPV). The subject of the study is the regulatory and legal regulation of the customs procedure of the STZ in the SPV. The purpose of the study is to identify the reasons affecting the low attractiveness of the application of the customs procedure of the STZ among the residents of the SPV, as well as to search for and disclose the shortcomings of the regulatory regulation of this customs procedure. In the course of the research, general methods of cognition (analysis and synthesis, comparison, analogy) and private scientific methods were used: comparative legal, historical legal, system-structural analysis of documents, statistical analysis. The topic under consideration is relevant in connection with the need to use effective tools for the development of the economy of the Far East, to which the Russian authorities have been paying close attention for the last decade. Also, the positive experience of Asian neighbors pushes for a detailed study of such a development tool as "free economic zones", customs and tax benefits provided in such territories. The novelty of the study consists in pointing out the problems of the application of the customs procedure of the STZ, identified during the practical application of this procedure in the SPV. According to the results of the study, it was found that the customs procedure of the STZ does not enjoy attractiveness among the residents of the SPV and does not produce the expected economic effect for a number of reasons that lie in the regulation and its application. The process of creating the SPV and the ongoing integration processes in the Eurasian space have left their mark on the content of Federal Law No. 212-FZ dated 13.07.2015 "On the Free Port of Vladivostok". The lack of systematization of the basic terms "free economic zone", "territory of a free economic zone", the introduction of unrealizable provisions in orders, the lack of timely work to eliminate identified contradictions and errors, the lack of a single well-thought-out strategy for the development of SPV leads to a decrease in interest in the application of the STZ procedure and may contribute to illegal activities.
Administrative law, municipal law and the issues of migration
Yanik A.A., Popova S.M., Karpova S.F., Nesterov A.Y. - Migration policy adjustments to address the regional labor markets demands: institutional and legal aspects pp. 30-57



Abstract: The authors aims to analyze the mechanisms used by the Russian federal subjects for affecting the national migration policy based on the regional labor markets' needs. The authors examined the main opportunities of the regions, available to date, for adjusting the decisions of the federal government in the regulating labor migration flows as well as their institutional and legal foundations. The source base of research is an array of strategic planning documents, regulatory legal acts, administrative documents of public authorities of the Russian Federation and subjects of the Russian Federation for the period of 2000-2022. The authors present a new definition of the concept of "state policy in the labor immigration regulations". Despite the well-known problem of the lack of a clear delineation of the powers and responsibilities of federal and regional public authorities in migration policy, the regions of the Russian Federation have a number of opportunities to participate both in the implementation of state migration policy and in its regulation for answering the demands of regional labor markets. Authors concluded, despite the peculiarities of regional labor markets, the key control parameter of the regional migration policy is the indicator of the level of social tensions on the labor market. In order to meet the key performance indicators established by the federal center, the subjects of the Russian Federation have to manipulate admissions/prohibitions on attracting foreign labor, responding to rapid economic changes. This makes regional migration policy unpredictable and unstable.
Public law: New challenges and realities
Paschenko I.Y. - The Development of the Information Society in the Russian Federation: digital Information, information Technology and public Administration pp. 58-68



Abstract: In the presented work, the author explores the development of the information society in the Russian Federation. Among the main factors influencing the transformation of public administration, the use of digital information and the use of information technologies by public authorities and local self-government are highlighted. The subject of the study is the legal regulation of relations arising in connection with the use of information in digital form and technologies related to its processing for management purposes. The task set by the author is due to the identification of trends in the development of information activities of public authorities. It is noted that in the current conditions, communication between citizens and the state is changing due to the emergence of new management mechanisms. The main hypothesis of the study is that the process of changing the electronic form of phenomena and categories to their more modern analogue in the perception of management subjects, which has a digital embodiment, is fixed. Digitalization did not become an unexpected phenomenon, it was preceded by the process of automation and informatization in public administration. The novelty of the research lies in the theoretical substantiation of the need to establish a continuous information exchange between the state and citizens by providing the population with permanent access to information and opportunities for its independent use, including automated processing. The practical value of the work is due to the consideration of the process of changing the provision of state and municipal services from the perspective of management activities and the new concepts of "superservice" and "monoservice". Conclusions are drawn about the stability of the existing regulatory framework for the development of public administration in the context of the digital transformation of society and the need for timely, point-by-point regulation of information legal relations of a public nature.
Public and municipal service and the citizen
Grigorev I.V. - Anti-corruption components of the legal status of municipal employees pp. 69-79



Abstract: The implementation of the National Anti-Corruption Plan for 2021-2024 revealed the need for a scientific analysis of the problems of legal regulation of the regulation of anti-corruption components of the legal status (status) of municipal employees. The subject of the study are normative and methodological sources that consolidate the rights, duties and prohibitions related to municipal service, as well as mechanisms for their implementation. The author examines in detail the practical problems arising in the application of anti-corruption legislation related to the rights of municipal employees to perform other paid work, to purchase and own securities, the obligation to notify about the possible occurrence of a conflict of interest, the restriction of donation in connection with the exercise of professional official activity, the presentation of information and income, expenses, property and property obligations. Special attention is paid to some legal positions of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation) and courts of general jurisdiction related to the peculiarities of the legal status of employees. The scientific novelty of the article is determined by the fact that it is a comprehensive study of the problems of legal regulation of anti-corruption components of the legal status (status) of municipal employees. The main conclusions of the study are the identified gaps and conflicts in the regulation of the issues under consideration. In addition, an assessment is given of the formed judicial practice in cases on the statements of prosecutors about the appeal to the income of the Russian Federation of property in respect of which evidence of its acquisition for legitimate income is not provided. Among the most significant results are the formulated proposals for improving the current federal legislation on combating corruption in the municipal service system.
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