DOI: 10.7256/2454-0706.2017.11.24390

Abstract: The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.

DOI: 10.7256/2454-0706.2017.11.43109

Abstract: The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.

DOI: 10.7256/2310-8673.2016.1.17141

Abstract: The modern legal regulation of public relations is first and foremost based on ensuring and protections of the rights of a private entity, and thus – the private sphere of public relations. This goal is reflected in the Constitution of the Russian Federation, in protection of all forms of property, including private and state. Due to the fact that private and public interests are inseparably intertwined and represent an integrated whole, the stability of the entire society, and especially its lowest local level, depends on how the private relations would be regulated. However the regulation of private relations is based on such postulate that this category can only be regulated by the norms of private law. At the same time, the government actively provides the public-legal mechanisms, which will allow even to the local government authorities to independently regulate these relations. In this article the author explores one of these mechanisms – administrative regulations – normative acts which provide systematization and regulation of the administrative process and reflect the separate operating processes and the order of their execution. Basing on the comparative-legal and historical methods, the author analyzes the establishment of the aforementioned mechanism of realization of private interests in the world, as well as in the Russian Federation, particularly in the conditions of the advancing concept of e-government. The author points out the main issues that require solution, among which are the municipal informatization, information accessibility, adequate and understandable perception of electronic services, etc.

DOI: 10.7256/2305-9699.2014.4.11485

Abstract: Mentions of "service" are usually associated with goods, monetary and trade relations, customers and market, choice of goods.  In the legal sense this term may be related to private interests as opposed to public relations and state.  However, the new age - the age of service is actively spread around the globe in the sphere of public relations.  The author based her studies upon analysis and comparison of state programs and strategies, as well as on the post-neo-classical concept of public services (also known as managerism theory) regarding transfer of some public functions into the private sector of economy.  At the same time comparing the basic theory and its Russian implementation, the author also analyzes other modern possibilities for this theory, as implemented in different states. The author shows how public and private interests are correlated in the implementation of the concept of service states, and how the terms "service", "public service" are defined and what place they take within the state, what goals are set into the new strategic programs, how public strategic programs and  the concept of "state as a firm" are related. This concept is presented in the book by Hans-Adam II, Sovereign Prince (Fürst) of Liechtenstein - "The State in the Third Millennium". In order to illustrate how the concept of service state is implemented in Russia, the author evaluates the procedures applied in the arbitration court proceedings, notariat and advocacy. In spite of domination of market aspects within the concept of service state, the leaders of the Russian Federation do not provide for the transfer of all of the state functions into the private sphere.  Additionally, the author speaks against usage of the "state as a firm" concept, since it is attractive due to the possibility of complete abolishment of bureaucratic apparatus, but it provides only for the representative functions of the state in the international arena, and that of an arbitrator for the private companies in the domestic sphere.  However, in Russia as a great multi-national federation, it is impossible to use the method which is developed and applied in a small unitary Principality - state.  It is also supported by the legislation on service and information technologies and federal target programs and state strategies presented in the Addresses of the President of the Russian Federation.

DOI: 10.7256/2305-9699.2013.12.1033

Abstract: The article concerns injunctions as one of the key institutions of the arbitration process. These measures guarantee future enforcement of a judicial act, and at the same time they preserve the positions of parties to the process in the status prior to when the process was started.  However, the fast decision-making in the sphere of temporary limitations to some acts may cause inpredictable circumstances, and it may be contrary to the goals and aims of injunctory measures. The author analyzes the legislative requirements and the guidelines of the higher judicial instances regarding claims (requests) for application of injunctions, and provides examples based on judicial arbitration practice. Additionally, the author analyzes the sphere of land relations in order to show examples of obstacles in the implementation of injunctions according to claims of the parties.  The author makes a conclusion that fast decision-making on such claims may lead to abridgements of rights of third parties, and it may be proven by the judicial practice.  The author shows the correlation between the public and the private elements in regulation of land relations, and the author considers that the judges should take into account the interests of an indefinite range of persons, when making a decision on the claim for the application of an injunction. 

DOI: 10.7256/2305-9699.2013.7.8939

Abstract: Stability and predictability serve as a basis for the relations among economic subject. And one may refer to stability also with the references to the judicial cases on disputes among the contractual parties, when the possibility for such conflict resolution is provided in the contract.  However, some parties make mistakes in this respect, such as failure to mention the place of contractual performance, forming an obstacle to lawful conflict resolution.  Most of contracts for sale of goods, performance of work, and provision of paid services do not refer to place of performance under the contract. Usually the parties mention a place where the contract was concluded as well as the place of factual performance of an obligation - handing the goods over to a buyer, provision of results of work to a customer, provision of services. It might seem that there is no practical need to refer to a place of performance under a contract. However,  presence of such a clause in a contract allows to use the right for alternative place of jurisdiction instead of filing a claim at the place of residence of a respondent.  On the opposite, in the absence of such a clause the possibilities for the use of alternative jurisdiction are often misunderstood.