Administrative and municipal law - rubric Public law: New challenges and realities

Abstract: The article is devoted to the analysis of federal legislation in the field of strategic planning. During the analysis of legal regulation in this area, it was found that public authorities implement strategic planning documents within the framework of goal setting, forecasting, planning and programming, but this part of management activities is not actually covered by the current evaluation mechanism. Attention is drawn to the existence of a number of terminological contradictions contained in federal legislation that negatively affect the state of legal regulation in this area. Planning is defined by the federal legislator as an activity for the development and implementation of activities, activity plans aimed at achieving the goals and priorities contained in strategic planning documents developed within the framework of goal setting. That is, according to the meaning of the law, planning as such does not cover goal-setting, but at the same time includes the development and implementation of documents at the same time, which initially introduces a contradiction in the understanding of these terms. The study found that the current strategic planning system today does not take into account a number of amendments made to the Russian Constitution in 2020. In particular, we are talking about federal territories. It is established that federal legislation does not regulate the specifics of strategic planning in other territories where a special preferential regime is in effect. The law does not define the procedure for monitoring the implementation of strategic planning documents, which reduces the level of their legal effectiveness. In order to improve management activities, it is proposed to create a unified information and analytical portal for monitoring and evaluating the effectiveness of the implementation of strategic planning documents. Proposals and recommendations are made aimed at eliminating the existing contradictions and identified shortcomings of legal regulation in the field of strategic planning.

Keywords: preferential territories, information openness, monitoring and control, performance evaluation, project activities, programming, forecasting, federal territories, goal setting, strategic planning

DOI: 10.7256/2454-0595.2022.1.35267

Abstract: The subject of the study is democracy and approaches to its definition through the prism of revealing the will of the people, as well as issues of the implementation of democracy in constitutional and legal reality. The author examines in detail the necessary and sufficient conditions for the implementation of democracy on the basis of three approaches. The first approach defines democracy as the participation of all (the people) in public administration. The second approach is widespread in jurisprudence and expresses the totality of a different set of legal conditions and procedures, as well as relationships regarding the delegation of power from the people to the public administration. The third approach, which has appeared quite recently in science, is a kind of synthesis of the first two, but is focused on the result of procedural aspects of democracy. В The thesis concept is based on the following political and legal postulates of understanding democracy, state power and elections: 1) the objective regularity of any state power is its desire to continue to possess it; 2) a democratic state is more effective than an undemocratic one, since it has legal institutions that allow limiting the usurpation of state power by any one political force; 3) a democratic state differs from an undemocratic one by the possibility of changing political power nonviolently through elections, the result which is not predetermined in advance. By virtue of the first postulate, in the electoral systems of states, there is a possibility of seizing and retaining state power in violation of democracy by distorting the will of the people, since the state authorities of the previous composition, acting as organizers of the elections, are interested in maintaining the status quo. In this connection, a comprehensive mechanism is needed to limit the possibility of usurpation of state power during elections at the stages of organizing voting, summarizing its results and establishing the results of elections (referendums).

Keywords: election credibility, the theory of democracy, votes of voters, reliability of voting, democracy, sovereignty of the people, the will of the people, power, people, sovereignty

DOI: 10.7256/2454-0595.2021.1.33746

Abstract: The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

Keywords: Payment system, Strategic planning document, State, Public need, Public interest, Monetary circulation, Stability of money, Pricing money, Banking system, Public finance

DOI: 10.7256/2454-0595.2018.3.26419

Abstract: In her research Abdullina examines provisions of the legal acts that regulate activity of governing bodies of the priority social and economic development areas. The author of the article offers a unique model of governining that is based on the principles of administrative command and market regulation of an investment project in a certain territory. The author describes the legal status, competences and powers of the supervisory council, competent federal authority, governing company of the priority social and economic development areas. The author of the article emphasizes the need to define the legal nature of governing bodies, and their legal status in legal relations that arise. Having analyzed the legal basis and law doctrine, the author of the article describes possible qualifications of a governing company and supervisory council as legal entities and public law actors rather than state authorities or commercial enterprise. In her research Abdullina makes a conclusion about the legal status and legal position of governing bodies. The author also gives an idea about the balance of methods used by the state authorities to support investment projects and priorities of the population that live in a certain priority social and economic development area. This creates certain issues needed to be solved by the legislator.

Keywords: public entities, financial law, free economic zone, investments, development of regions, municipal law, administrative law, governing bodies, legal kind, legal status

DOI: 10.7256/2454-0595.2022.2.32052

Abstract: In this article, the author conducts a study that contributes to the analysis of the limits of the permissibility of the implementation of international law on the basis of constitutions and charters of subjects of the Russian Federation. The subject of the study is the legal norms contained in the constitutions and charters of the subjects of the Russian Federation, as well as the practice of their implementation.The object of the study is the social relations that develop in the process of implementing the norms of international law in the constitutions and charters of subjects.The purpose of the study is to improve the legal norms regulating the limits of the permissibility of the implementation of international law in the constitutions and charters of the subjects of the Russian Federation. The methodological basis was formed by the methods of scientific cognition, special attention is paid to the dialectical method of state-legal and social phenomena in interaction with general scientific and private scientific methods. The result of the work is the development of a classification of constitutions and charters of the subjects of the Russian Federation, contributing to the definition of the limits of the permissibility of the implementation of international law.The presented classification will make it possible to improve the legal status of a person and a citizen faster, to exercise his rights in the context of the implementation of a completed order for social justice, taking into account the priority of national legislation over international norms. This is one of the directions set out in the Messages of the President of the Russian Federation to the Federal Assembly in 2019-2020. The proposed classification option would allow.it is faster to implement, in practical terms, the breakthrough development of the state, which is based on the constitutional idea of man as the highest value of the state, and in the science of constitutional law to provide an opportunity to implement the norms of international law in the constitutions and charters of the subjects of the Russian Federation, taking into account the limits of admissibility.

Keywords: limits of tolerance, implementation, subject, regulation, constitution, russian federation, international law, state, human, the president

DOI: 10.7256/2454-0595.2022.1.37359

Abstract: The article examines the issues of legal regulation of the use of information and communication technologies in the activities of public authorities. The relevance of the topic is due to the universal digitalization of public relations, including the activities of public authorities. The widespread informatization of various spheres of society, their economic activities, the development and introduction of modern data transmission devices, the expansion of computer networks led to a sharp increase in the volume of processed information, and modern society began to be called informational. The process of informatization of society is gradually taking place. Various information and communication technologies are also actively used in the field of public administration in Russia. The processes of informatization and information support are increasingly active in the digital economy of Russia. Technologies and their application are turning from a specialized professional field into a key issue in the sphere of public administration. In the general understanding, information and communication technologies are a process that includes a set of tools and methods for the implementation of operations for the collection, registration, accumulation, processing and transmission of information based on hardware and for the purpose of solving management tasks. The author formulates the conclusion that information and communication technologies are increasingly being used in the activities of public authorities. Informatization of the activities of public authorities in the Russian Federation is an indispensable and important stage in the formation of the information society, as well as the leading direction of reforming the entire system of public administration.

Keywords: information and communication technologies, Internet, digitalization, information society, public authority, electronic services, electronic state, electronic control, electronic democracy, democracy

DOI: 10.7256/2454-0595.2022.2.38295

Abstract: The subject of this study is the constitutional assurance of the validity of the will of the people when voting, as well as the theoretical and practical problems that arise in this case. In resolving this issue, the key is the problem of determining the nature of the will and the will of the people. The scientific problem raised concerns the correlation of the will of the people with its expression, as well as the establishment of a constitutional and legal connection between democracy and the expression of the will of the people. In practical terms, the scientific problem posed is manifested in the existence of a threat to the constitutional system in the form of the possibility of reflecting the distorted will of the people in the constitutionally significant voting results. The author suggests proceeding from the non-contractual nature of the general volitional act of the people in direct forms of democracy, which is understood as a political decision taken by a majority of votes in the absence of an agreed (unanimous) expression of the will of all citizens (the theory of real democracy). In contrast to this approach, the theory of the social contract proceeds from the contractual nature of the general volitional act of the people, which is understood as a social contract based on the agreed (unanimous) will of all citizens (the theory of ideal democracy). It is concluded that due to the non-contractual nature of the general volitional act of the people, the legal consequences of making a political decision should apply to all citizens of the state, including both those citizens who expressed their will against such a decision and those citizens who did not express their will. The novelty of the proposed provisions lies in the differentiation of the will and the will of the citizen, as well as the differentiation of the will (the general will of the people) and the will of the people (the general will of the people).

Keywords: volitional act, delegation, the volition of a citizen, power, constitutional assurance of authenticity, the will of the citizen, direct forms of democracy, volition of the people, the will of the people, people

DOI: 10.7256/2454-0595.2014.1.10416

DOI: 10.7256/2454-0595.2014.1.63951

Abstract: The article concerns the problems arising in the activities of the law-enforcement bodies regarding revealing the facts of human trafficking, such as the lack of acceptable legal basis, allowing to efficiently fight this type of criminal activity and related crimes. The issues regarding revealing the elements of human trafficking, the conditions of victim exploitation are also reflected in the article. Unlawful human trafficking (and trafficking of women in particular) is a multi-level widely spread and well-organized international network, involving all of the continents, millions of victims and hundreds of thousands of organizers: sellers, buyers, intermediaries, guards, etc. Human trafficking involves official bodies, as well as criminal structures: visa and migration service officials, law-enforcement bodies and state institutions of various levels. Specific features of revealing participations of such subjects are reflected in this article. The author used the general philosophical, theoretical and empirical method (dialectic, systemic method, analysis, synthesis, analogy, deduction, supervision, modeling), traditional legal methods (formal logic), specific social studies methods (statistical, expert evaluation, etc.). Scientific novelty of the article is due to establishing how complicated it may be to reveal the elements of crimes, since criminals tend to masquerade their criminal business. It is especially complicated to reveal means and methods of criminal behavior at the period of recruiting potential victims for the future exploitation, when they might not be aware of the fact that they are dealing with the human traffickers. Such situations are typical for recruiting potential human trafficking victims by fraud, abuse of trust and other fraudulent methods.

Keywords: trafficking, operative, person, rights, freedoms, personality, fight, the UN, torture, offence.

DOI: 10.7256/2454-0595.2023.1.39879

Abstract: This article is devoted to the constitutional and legal analysis of the Presidential Administration of the Russian Federation as an object of public control. This topic of scientific research is of particular interest due to the fact that this public authority has significant powers and a place in the state mechanism. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation devoted to the organization and activities of public control in relation to the activities, acts and decisions of the Presidential Administration of the Russian Federation and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms, sociological, historical and legal and others. The paper analyzes the institute of public control as the most important guarantee of the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author explores the legal status and place of the Presidential Administration in the system of objects of public control. The work not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. The issues of development and implementation of new forms, methods, types of public control measures in relation to the Administration of the President of the Russian Federation need further scientific understanding.

Keywords: responsibility, powers, auxiliary bodies, authorized representatives, Presidential Administration, Russian Federation, democracy, public control, forms, methods

DOI: 10.7256/2454-0595.2021.2.34915

Abstract: The subject of this article is the Russian and foreign legislative norms, materials of law enforcement practice, user policy agreements, scientific literature on the topic, and reports of the international organizations on human rights. The object of this research is the legal relations that regulate the existing mechanisms of information censorship on the Internet. The research contains a detailed historical-legal analysis of the mechanisms and principles of the implementation of regulation of the right to freedom of speech in the United States, with emphasis on the law enforcement practice. The author examines the latest Russian model of restrictions on the distribution of information, as well as the mechanism for preventing violations of the basic human rights and freedoms, which limits the possible impact on the exercise of political rights in the territory of the Russian Federation. The scientific novelty consists in the detailed analysis of previously unstudied aspects of restriction of information realized by the administration of social networks. In the course of this work, the author explores various approaches towards understanding the term censorship, as well as the constitutional legal peculiarities of information censorship on the Internet. The author proposes ways to develop legal provisions that regulate the exercise of rights in this sphere. The conclusion is made that on the need for development and legislative consolidation of the standards for user policy agreements, taking into account all available recommendations. The author makes proposals on improving the constitutional legal regulation of the right to information.

Keywords: restriction of freedom of expression, freedom of expression, right to information, freedom of information, human rights, censor information, restriction of information, political rights, fundamental rights, digital rights

DOI: 10.7256/2454-0595.2013.2.62125

Abstract: The article is devoted to the legal issues and prospects of codification of constitutional legislation. The existing legal base in the sphere of constitutional law relations regulates only some aspects of constitutional law science which is not enough to solve other important problems of the constitutional law. Adoption of single legal regulations in the form of federal constitutional laws has a very weak affect. So there is a certain need in codification of the rules of constitutional law that are not covered by the Constitution.

Keywords: constitutional law, codification of constitutional legislation, constitutional law relations, Constitution, federal constitutional law, unified codified constitutional regulation, state management, power, politics.

DOI: 10.7256/2454-0595.2014.2.10825

DOI: 10.7256/2454-0595.2014.2.63962

Abstract: The current Constitution of the Russian Federation of 1993 has enshrined the international legal principle of supremacy of law among the provisions forming the fundamentals of the constitutional structure of the state. Having the status of an international and a constitutional principle, this principle formed the basis for the federal, regional and local legislation. In order to achieve further implementation of the principle of supremacy of law, a number of norms of the current Russian legislation need to be clarified, first of all, in respect to narrowing the “evaluative” category in legislation. In this article the author evaluates the possible options for clarification of dispositions of legal norms in order to guarantee uniformity of law-enforcement practice. Methodological basis for this study included the combination of general and specific scientific methods for cognition of objective social and legal reality within the field of study: the methods of analysis, synthesis, systemic method, generalization method, formal logical, statistical and sociological methods were used. The article includes evaluation and analysis of the most significant aspects and elements of international principle of the supremacy of law and specific features of its interpretation in the Russian legislation. In the process of studies based upon the analysis of the legal practice, the author revealed existing problems within the sphere of functioning of this principle, and proposed the means to resolve them.

Keywords: right, supremacy, law, law-enforcement activity, principle, international acts, norms of the Russian law, dispositions of criminal law norms, improvement, uniformity of legal practice.

DOI: 10.7256/2454-0595.2014.4.11436

DOI: 10.7256/2454-0595.2014.4.64190

Abstract: The issue of civil law risks has been the subject of attention for several decades in the Russian civil law studies. However, the situation is different with the public law risks. The first publications on the problems of risks in constitutional, customs, environmental and administrative spheres of public law relations have started appearing quite recently. The goal of this article is in analysis of similarities and differences in legal risks of civil and administrative legal nature. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The article pays attention to the different aspects of risks. Subjective risks theory evaluates risks from subjective psychological positions. The subject of legal relation supposes that negative consequences may follow from his activities. However, if he takes no actions (making contracts, driving a vehicle), to which law connects negative consequences, there is no risk. The objective theory does not relate psychological attitude of persons to their actions and interprets a risk as a potential possibility for situations causing financial losses. For the proponents of this theory risk is a constant danger of appearance of negative consequences.

Keywords: risk, probability, possibility, administration, control, public, private, official, servant, Government.

DOI: 10.7256/2454-0595.2013.6.62786

Abstract: Separation of law into branches is an exclusive achievement of the Soviet doctrine, since no other legal system provides for such a division. Private law is generally a combination of legislative and legal complexes, regulating civil turnover. In this case one is to analyze the legislative masses and correlated legal maters, which find their basis in the codified acts.

Keywords: private, legislation, public, law, state, civil, turnover, property, legal relations, human rights, family, classification, state

DOI: 10.7256/2454-0595.2014.7.11463

DOI: 10.7256/2454-0595.2014.7.65183

Abstract: The goal of this article is constitutional legal analysis of the equality principle and finding out its place within the doctrine of Russian constitutionalism. The article concerns various points of view of the Russian constitutional law scholars on the issues of understanding legal nature of the principle of equality. The author studies various aspects of this principle: legal equality (equality of rights), formal and de-facto rights. The principle of equality is studied in its systemic interrelation with the definitions of right (objective and subjective), freedom and justice. When writing this article the author used the following general theoretical and special scientific cognition methods: analysis, synthesis, logical, systemic-structural approaches; method of analytic interpretation of the legal norms. Their application has allowed to study the principle of equality in its interrelations and interdependencies, to uncover certain tendencies and to formulate generalizations. The formal legal method had its independent value, since it has allowed to apply the rules of legal technique and formal logic in order to analyze the doctrinal views of the constitutional legal scholars of the principle of equality and their implementation in the normative sources. As a result of the study the author makes a conclusion that the idea of equality is one of the key values in constitutionalism, and its formalized character as a constitutional principle of equality of rights presupposes supreme legal value, direct application and state guarantees. Additionally, the author established that the legal doctrine presents constitutionalism as a comprehensive system of values, existing in natural unity, and presupposing the interconnection between the guarantees of the constitutional equality principle and the level of development of constitutionalism in general. The conclusions drawn by the author may be applied in the course of further scientific research in the sphere of constitutional law as well as in the teaching process for the studies of constitutional law of the Russian Federation.

Keywords: formal equality, de facto equality, constitutional principle, constitutionalism doctrine, legal equality, basic rights, justice, subjective right, objective right, basic freedoms.

DOI: 10.7256/2454-0595.2016.10.20754

Abstract: The article considers the problems of the application of the composition of offences, introduced in 2013, and studies the issues of imposition of sanctions for fictitious residence or household registration of a citizen of the Russian Federation, fictitious residence registration of a foreign citizen or a stateless person, and fictitious household registration of a foreign citizen or stateless person. Due to the blanket nature of these provisions, the author reveals the content of their terminology. The author applies the set of general scientific and special research methods. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author concludes that, since this deed is qualified as a misdemeanor (the most severe punishment is up to 3 years’ imprisonment), the general incentive norm can be applied, which is provided by the part 1, article 75 of the Criminal Code of the Russian Federation (liberation form criminal responsibility upon active repentance).

Keywords: criminal law, stateless person, foreign citizen , citizen, registration, fictitious registration, administrative law, responsibility, components of crime, housing accommodation

DOI: 10.7256/2454-0595.2016.10.68258

Keywords: criminal law, stateless person, foreign citizen, citizen, registration, fictitious registration, administrative law, responsibility, components of crime, housing accommodation

DOI: 10.7256/2454-0595.2013.12.10418

DOI: 10.7256/2454-0595.2013.12.63636

Abstract: The article is devoted to the general characteristic features of the sources of the Muslim criminal law. It provides detailed analysis of the primary sources of criminal law of the Muslim State: the Koran and the Sunna, as well as secondary sources, such as the Ijma and the Qiyas. The authors describe the history of development and principal changes in the Muslim law, as well as the factors causing such changes. The authors also discuss the differences between legal systems of various states within the Muslim legal family, such as the: United Arab Emirates, Saudi Arabia, Iran, Pakistan, Sudan, Turkey, Algeria, etc. The authors use comparative legal method, historical legal method, formal legal method, as well as the methods of systemic structural and logical analysis, modern achievements of science in the spheres of philosophy and theory of law regarding the problems of Muslim law. The article concerns various approaches towards establishing the sources of criminal law of the Muslim states, and the analysis of topical issues is provided. Studies of the sources of the Muslim law are necessary in order to improve the norms of criminal law of modern states, they facilitate peace among the nations and ease religious tension, allow to avoid the existing criminal causes. The article is of theoretical and practical value and it may be used in law schools for the purposes of teaching law.

Keywords: source, criminal law, the Koran, the Sunna, the Ijma, the Qiyas, the Muslim states, the Muslim criminal law, the Islam, national legal system.

DOI: 10.7256/2454-0595.2015.11.16748

Abstract: The article is devoted to the questions of inclusion of Russia in the international fraud combating system. The recently adopted international treaties require that all participant states establish specialized bodies for corruption and fraud combating and prevention and impose criminal liability for all crimes of these types, recognized by these treaties. Taking into consideration that the subjects of fraud cross the state borders, the author supposes that it would be reasonable for Russia to join the international community in struggle against fraud; for this purpose it is necessary, particularly, to unify the terminology in the sphere of fraud. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. Among the general scientific methods the author applies the methods of analysis, synthesis, comparison and measurement. The comparative-legal method is used as a special scientific method. The author offers to define corruption fraud as a theft of somebody else’s property or acquisition of property right on somebody else’s property by deception or a breach of trust, committed by a person using his official position. The novelty of the research lies in the attempt to develop the proposal to revise the range of subjects of this type of crime, to consider the existing new practical forms of objective corruption frauds and to correlate them with the theory and practice of international law.

DOI: 10.7256/2454-0595.2015.11.67094

Keywords: international cooperation, combating corruption, corruption, global problems, convention, international law, fraud, administrative responsibility, criminal liability, specialized bodies

DOI: 10.7256/2454-0595.2014.11.11548

DOI: 10.7256/2454-0595.2014.11.65686

Abstract: The combination of the social relations with respect to the territorial organization of local government (establishments of borders between municipal entities, transformation of municipal entities). The author researches the questions of adequate territorial organization of local government in the Russian Federation and the legal formalization of the territorial organization taking into consideration the existing historical experience of the development of the state and the needs of modern life. The problems of territorial organization of local government is examined using the example of the territorial organization of Khabarovsk region. The author studies the tendencies towards making larger municipal entities and the gaps in law. The author proposes ways to bridge such gaps. Dialectic research method, historical method, analytical, deduction and induction methods, and the statistical research method. To resolve the issues related to the territorial organization of local government, it is necessary to adopt a federal law on the general principles of territorial organization of local government. This law should establish the general legal principles of the status, types and procedure for the creation, abolishment of administrative entities – rural and urban localities, town, regions and other units, give a general definition of urban and rural areas, provide the criteria for classifying territories according to the density of their population (high, medium, low), identify the general method for classifying localities as remote or difficult to reach. In the Federal Law ‘On General Principles of Territorial Organization of Local Government in the Russian Federation’, it is necessary to define the notion of the borders of municipal entities, the procedure of their description an delineation because the borders are currently of economic nature and their exact location will affect the flow of funds to the local budget. Also, it is necessary to define more detailed criteria for assigning the status of an urban district to the urban locality. It appears that these criteria should be based on a certain population, take into account walking and transport accessibility for the inhabitant of the localities which may be included in the urban district, at what distance city localities may be. The existing legal regulation results in the fact that certain urban districts include many localities and repeat the territorial organization of municipal districts thus depriving the population of the villages and settlements of the opportunity to exercise the guaranteed right to local government.