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MAIN PAGE > Journal "Legal Studies" > Rubric "State institutions and legal systems"
State institutions and legal systems
Lyubarev A. - Basic Parameters of a Proportional Election System and Their System Interconnections pp. 1-42
Abstract: The author of the article discusses the system interconnections between such parameters of the proportional election system as the size of an electoral district, threshold and a seat allocation method. It is shown that these parameters altogether influence on the exception threshold - the share of votes guaranteeing at least one seat for a list of candidates. Based on the legal and politological analysis of consequences of using the threshold, the author concludes that a reasonable threshold must not exceed 5 % and the most preferred threshold is 3 or 4 %. This threshold can be considered a reasonable compromise between demands in the parliament performance and the parliament's representation. The author also offers certain legislative solutions that would guarantee at least one seat allocation for a list of candidates who received over 5 % of votes. The author also describes the criteria allowing to use a proportional election system when vey few seats are being allocated.
Lapaeva V.V. - The «Gudkov case»: legal analysis pp. 1-48
Abstract: The article includes legal analysis of the decision of the State Duma of the Russian Federation to terminate the powers of depty G.M. Gudkov, the so-called «Gudkov case». The author supports a thesis that this decision was a result of implementation of powers not typical for a legislative body, substitution of legal matters, and introduction of responsibility of a deputy, which was inadequate towards his constitutional and legal status.
Olefir A.A. - Anti-corruption policy framework in economic relations of public procurement pp. 1-23
Abstract: The article concerns the main problems in the sphere of anti-corruption policy in economic relations of government purchases.  The author proves the necessity of providing for a complex of special tools minimizing the practices of involving interested (affiliated) parties into the public purchase procedures, as well as lobbying of commercial interests of certain enterprises by highest officials when a state purchase is being considered. The author provides specific suggestions regarding the improvement of legislation in this area in Russia and Ukraine from both theoretical and practical standpoints.
Trofimov E. - State awards of Russian regions pp. 1-147

DOI:
10.7256/2305-9699.2013.1.430

Abstract: The article deals with the institution of the state awards of Russian regions. The author reveals the features and trends of the legal regulation of state awards of Russian regions. Based on statistical data collected and analyzed by the author on the general population of awarding systems of all regions of the Russian Federation, conducted a qualitative and quantitative analysis of the premium law and awarding systems of Russian regions. The author defines the typical model of awarding system of republics and other regions of the Russian Federation, shows their strengths and weaknesses, and formulate recommendations for their improvement.
Bulakh E.V. - The State Support of Developing Local Self-Government System in Modern Russia: Prospects and Constraints pp. 1-22

DOI:
10.7256/2305-9699.2013.2.490

Abstract: The article analyzes directions of a modern Russian state policy in the field of local government and reveals the main features of municipal authorities, its issues and development trends. The author of the article also studies the fundamental guarantees of local self-government in modern Russia and offers ways to increase efficiency of the state support of institutions of local government. 
Eseva E.Y. - Constitutional minimum in payment for labour. pp. 1-12

DOI:
10.7256/2305-9699.2013.6.816

Abstract: The article is devoted to the problem of implementing a constitutional guarantee in the sphere of payment for the labor no lower than the minimum wage.  The author analyzes the current Russian legislation in the sphere of current regulation of the minimum wage and minimum living level.  The author studies the functioning of the institutions of minimal guarantees in the sphere of payment for the labor, uncovering the defects in the legal field in this sphere.  Currently the minimum labor wage is lower than the minimum living standard for a working person and his family members, while international law currently provides for totally different standards based upon the decent work concept.  Decent work should be guaranteed with decent payment, which should not be lower than the minimum living standard in a region.  Accordingly, Russia needs to change its legislation based upon the generally recognized global standards of legal status of persons, which is necessary for fighting poverty and social integration support.
Lazota L.A. - General image of the structure of the trade law sources in the BRICS states. pp. 1-11

DOI:
10.7256/2305-9699.2013.10.7400

Abstract: Comparative legal studies in the sphere of trade law of the BRICS states is an important instrument allowing to form a systematic image of the legal systems of these states. This is not a simple issue, since the states within the group represent three legal families - the Roman - German (Russia, Brazil), common law (the Republic of South Africa, India), and socialist (China). The comparative legal studies allow to apply legal instruments in the sphere of trade law in order to evaluate scientific and practical issues.  The comparative method is often used in the trade law, fore example, when the international system and a domestic legal systems are compared in order to harmonize material legal norms, regulating trade turnover, and to gain an image of international legal entreprenerial customs and general principles of trade law.  Additionally, the comparative legal studies allow to popularize legal knowledge and internalize it by the legal subjects of the BRICS states. 
Lyubarev A. - Comparison of the Russian and German legal systems pp. 1-29

DOI:
10.7256/2305-9699.2013.11.1013

Abstract: The author compares mixed bound election system used for the German Bundestag elections since 1953 and the mixed bound election system which was applied in Russia for the State Duma elections in 1993-2003.  The author points out their differences and similiarities.  The main difference is that the German election system guarantees proportionate representation of political parties with the minimal distortion, while the Russian election system allows for considerable distortions, including the situation when a party for which less than half of electors have voted gains majority of seats.  The author discusses factors, which lead to proportionality distortions in German election system, as well as the problems of "extra" mandates and splitting of votes. The author makes a conclusion that the German election system may be adapted to the Russian conditions, and within the majority part of the system there's a need to depart from the "winner takes it all" principle.  As one of the options the author offers to substitute single-mandate election districts with the multi-mandate ones.
Akhrameeva O.V. - Russian service state: theoretical fundamentals of the public strategies for the guarantees of private and public interests. pp. 1-28

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.
Ruvinskiy R. - Nation state facing the challenges of the XXI century: the overview of main political and legal problems. pp. 1-11

DOI:
10.7256/2305-9699.2014.5.11971

Abstract: One of the most serious issues in the modern social sciences is the problem of state. While being an "eternal" topic for the legal studies and political philosophy, the problems of state, statehood, attitude to state power currently are facing a challenges of a total new quality.  These challenges in the sphere of modern understanding of statehood require detailed evaluation.  This article includes a brief overview  of the most important problems and contradictions, influencing the statehood in the XXI century. The methodological setting of the study is dialectic, and it is reflected by the attempt to evaluate the matters in their development and internal contradictions. For his work  the author used the problem-categorical attitude allowing for the most significant elements of the object of studies. The study develops the ideas, which were provided by the leading representatives of the modern Russian and foreign political and legal sciences.     The author points out the transforming influence of the economic globalization processes upon the structure, functions and potential of the state institutions, noting the limitations to the sovereignty of the states, making the state sovereignty and unimportant ideological phantom.  The author then characterizes the state erosion processes on vast territories (Iraq, Haiti, Mali, Somali, Sudan, Ukraine, etc.). The author offers a critical evaluation of the spread of requirements for the "democratization" of a state, lowering the role of state in the public life.
Makartsev A.A. - Efficiency of the norms of election law: definition, criteria and implementation conditions. pp. 1-35

DOI:
10.7256/2305-9699.2014.7.12010

Abstract: The object of studies involves defining the criteria for efficiency of the norms of election law, which is established by correlation between the goal, which was set at the adoption of the norm and the results of its practical implementation. This issue is being studied based upon the regional election legislation and judicial practice concerning election issues. The author considers that the law-making stage, when the goal of the legal norm and purpose of legal regulation are defined is a key to guaranteeing efficiency. At the same time establishing the goal is an initial stage of law-making, when there is a need to adopt a certain normative legal act. The author notes that sometimes the legislator purposefully hides the goals for which a certain normative act is adopted, if such goals contradict to the interests of majority of the population. The reasons for the disparities between the results of application of a norm and the goal, which was set, when the norm was adopted, may be various. They may involve contents of a legal norm, conditions of its adoption and application, subjectively incorrect evaluation of the norm by the legal practitioners. The process of analysis of efficiency problems regarding legal norms is furthermore complicated , since currently the legal practices faces the "crisis of goals", leading to the "crisis of purposes", and sometimes to their conflict, when the initial goals of legal act contradict each other.  Provision for the main goal of adoption of legal acts in such acts shall allow the legal practitioners to understand the goal of legal regulation correctly, and it may also serve as a basis for interpretation of normative provisions, allowing to avoid abuse of rights.be � p��4 �+ n the process of describing the stages of experimental law-making process, using the law-making experiment in Kemerovo region as an example.   Among the special legal cognition methods applied in this article one should mention formal legal, structural functional methods, and the method of legal interpretation. There exist certain directions of legal process, and their specific features were not yet studied in Russia. Specifically, these involve experimental law-making process. Experimental law-making process is a complicated and comprehensive term by its nature. The question of legal nature of experimental law-making process is debatable, since the legal nature of legal process is ambiguous, and experimental law-making process is a type of legal process. Experimental law-making process is a procedural form of turning legal ideal models of law-making experiment into the real system of legal relations united by a common goal. In the broadest sense experimental law-making process is a complex and multi-aspect term characterizing the combination of all of the legal forms of activities of state bodies and other competent subjects, which is related to taking certain legally valuable actions in the sphere of law-making experiments  within a procedure defined by law. In the end, it causes legal consequence - the legal hypothesis is verified.  In its narrow sense, experimental law-making process is a generalizing term characterizing duly legally regulated procedure for experimental activities, as well as the activities of bodies (services, officials) on preparing, holding and analyzing the results of law-making experiment. The main stages of experimental law-making experiment are 1) preparation for the law-making experiment, 2) holding law-making experiment; 3) analyzing results of the law-making experiment. 
Ruvinskiy R. - Topical theoretical and legal aspects of the political crisis in Ukraine. pp. 1-11

DOI:
10.7256/2305-9699.2014.6.12148

Abstract: The events, which have been ongoing in Ukraine since December 2013, require comprehensive analysis from the standpoints of political conflict studies, as well as other legal sciences.  The political legal processes, which are currently ongoing in the neighboring state, allow one to have a new look at the definition apparatus, which is applied by the science, being a practical illustration for the theoretical materials, as provided in many generalizing monographs on theory of state and law.  This article is devoted to the theoretical legal analysis of the situation of the Ukrainian political crisis.  The author discusses some fundamental legal causes for the destruction of the Ukrainian statehood, such as the regime of formal legality, denial of sovereignty by the state, priority of particular matters over general ones.  The author pays special attention to the value of imperialism as an actual factor in the modern international politics, and the role of the destructive methods in the modern political process.  The methodological basis for the studies is dialectic.  In the process of writing the article, the author applied problem-categorical approach, systemic method, method of historical and political interpretation of law. The author based the studies upon Hegel's approach towards state and its nature.  The offered article is one of the first works in the Russian legal theory concerning the statehood crisis in Ukraine.  The author formulates conclusions regarding nature of the state and statehood. In the opinion of the author the social order should be whole, and normative zone should be united, and it requires the uniform application of norms, as established by the central government.  Decisions and acts of the state bodies, and the norms of law should be based upon the system of values and ideas, which would be comprehensible and shared by the majority of people in the society.
Kravets I. - Judicial guarantees of Constitution and presidential constitutionalism. pp. 1-35

DOI:
10.7256/2305-9699.2014.8.12780

Abstract: The article concerns approaches to the modern understanding of constitutionalism as a legal matter, correlation of constitutionalism and judicial guarantees of the Constitution, interrelation between the concept of supremacy of the Constitution and means of guaranteeing constitutional norms, role of the President as a political guarantor of the Constitution, formation of the presidential constitutionalism in Russia, compatibility of constitutionalism and the strong state. Attention is paid to the limitations to the judicial guarantees of the Constitution within the legal system of the Russian Federation, rise of the President as a political guarantor of the Constitution for the purpose of implementation of the goal provided in the Constitution of the Russian Federation, which is the formation of the rule of law state. The article involves the principles of comparative and systemic analysis, constituional projection and critical evaluation of efficiency of constitutionalism and the means of guaranteeing the supremacy of the Constitution.  The articlee includes evaluation of the ideological sources of the modern understanding of constitutionalism, means of guaranteeing the constitution and their constitutional enshrinement and correlation within the doctrine and practice of modern Russian constitutionalism and constitutional justice. The author discusses the dominant features of presidential constitutionalism in Russia, uncovering the gaps and defects of the current legislation in the sphere of guarantees of constitutional norms and formulating proposals for the improvement  of constitutional legislation and legislation on constitutional justice.
Kuleshova E.A. - Role of the regional representation institutions in the process of formation of the state innovation policy. pp. 1-9

DOI:
10.7256/2305-9699.2014.9.13026

Abstract: The article concerns specific features of the formation of the state innovative policy in the federal state. In particular, the author substantiates the importance of the interaction of regions and the federal center in the process of development and formation of the state innovation policy.  The author provides brief characteristics of the regional representation institutions within the system of federal government, as well as regional influence groups, which may have influence upon the development and formation of the state innovation policy, as well as on the formation of a sustainable national innovative system. Within the framework of the article the author used the methods of documental analysis, generalization, classification and forecasting.  The author analyzes the implementation of the state innovation policy at the curren stage, paying special attention to the Russian federalism. The author draws a conclusion on the need for the involvement of the regional influence groups in the formation of the state innovation policy, which should result in the formation of the sustainable regional innovative systems, and, therefore a national innovative system.
Mamitova N.V. - Problems of Carrying Out Anti-corruption Review of Rules and Regulations and Drafts Thereof in Modern Russia pp. 1-14

DOI:
10.7256/2305-9699.2014.11.1338

Abstract: This article considers the theoretical issues of organizing and carrying out anti-corruption expert review, it analyzes the practice of such review and gives practical recommendations related to arranging and carrying out anti-corruption review of rules and regulations and drafts of such rules and regulations. It also considers the key types of anti-corruption review, points out the problems which expert faces when conducing such review. The article notes that in order to overcome various negative phenomena in the law-making process in the Russian Federation, the institute of legal review of Russian laws was established to create effective barriers to corruption phenomena in power and other negative trends interfering with the effective law-making process. Methodologically, the article is based both on the general and special methods: historical, dialectical, systematic, comparative legal, hermeneutics, analysis, synthesis and a number of other research methods and approaches. The scientific novelty of this article is in the fact that the author does not just analyze the problems associated with the anti-corruption expert review  in the Russian society but also suggests ways of solving them which may improve the efficiency of such anti-corruption review. Implementing such suggestions will result in better effectiveness in implementing the National Anti-corruption Strategy, boost the research into this subject and draw the public attention to the questions raised in the article.
Gutorova A.N. - The problems of the political party program legal regulation pp. 1-12

DOI:
10.7256/2409-7136.2014.12.1372

Abstract: The article considers the issues related to the Russian political parties’ programs creation and functions. The article reveals the common problems of the programs of the political parties represented in the State Duma of the Russian Federation. As a result of the research the author suggests to amend the Russian legislation in the sphere of political parties’ programs regulation.The author uses the general classical methods of legal knowledge: problem and chronological, synchronous, comparative, system, and statistical. The author makes the original complex study of the political parties’ programs legal regulation based on the materials of the existing political parties and on the works of the Russian scholars. The author comes to the conclusion that it is necessary to oblige political parties to officially formulate their programs in the key spheres of state activity such as state-building, lawmaking, executive-administrative activity, justice, public prosecutor's supervision, and financial control. Moreover, political parties should officially announce their attitude towards economic, cultural, social, and foreign policy of the state
Savoskin A.V. - The status of municipal deputies needs improvement pp. 1-15

DOI:
10.7256/2409-7136.2015.4.14579

Abstract: The purpose of this publication is not only to attract attention to the problems of the status of elected representatives of the people, but also to develop the effective mechanisms of their status improvement and the effectiveness of local deputies increase. Therefore, in addition to the analysis of the legislation on the status of deputies the article describes the specific measures of their legal status improvement. In the Annex to the article there is a draft Law of Sverdlovsk region aimed at the establishment of additional powers-guarantees of local deputies. This project (with appropriate modifications) can be implemented in other regions of the Russian Federation. The research is based on the general scientific dialectical method.The author uses the special methods: the historical method, the system-structural method, the formal-legal, logical and comparative-legal methods. The article studies the peculiarities of normative regulation of the local deputies' status and justifies the establishment of these legal institutions: deputy's inquiry with the elements of the parliamentary inquiry, deputy question, deputy inspection as an individual authority of local MPs. The publication can be used by the scientists and by the deputies in their legislative activities.
Agapov I.O. - Legal regulation of lobbying in Canada pp. 1-12

DOI:
10.7256/2409-7136.2015.10.1639

Abstract: The subject of the research is the peculiarities and legal scope of interaction of private interests representatives and public authorities in Canada. Special attention is paid to the study of the main documents regulating lobbying: the Law on Lobbying and the Code of lobbyists’ conduct. The author analyzes the structure, functions and authorities of a lobbying commissioner, the particular issues of interaction between lobbyists and federal government officials. The article reveals the problems of implementation of legal prescriptions conditioned by the voluntary nature of the Code and the lack of resources for an effective control over lobbying. The study is based on the general scientific and special methods, including the analytical, historical, formal-logical and technical-legal methods. The author comes to the conclusion that, despite the long history of legal regulation of lobbying in Canada, the existing system of lobbyists registration leaves much to be desired. Registration and report requirements are hardly implemented, investigations are not conducted. At the same time the lobbying commissioner possesses a vast number of means of influence on the illegal behavior of dishonest lobbyists. 
Chornovol E.P. - Civil law forms of compensation for damage, caused by corruption offences, within the system of legal anti-corruption measures pp. 1-74

DOI:
10.7256/2409-7136.2017.1.18837

Abstract: The research subject contains national civil law forms of compensation for damage, caused by corruption offences, represented in the system of legal provisions, defining the limits of legally approved and necessary behavior of subjects of social linkages. The author characterizes civil law forms of compensation for damage, caused by corruption offences, which are differentiated to legal and regulatory, individual and regulatory and personable legal provisions according to their content. Special attention is given to the establishment of the extent of damage, the ways and the character of compensation for damage caused by corruption offences. Based on the research, the author formulates the proposals about the improvement of civil law regulation of compensation for damage caused by corruption offences. The research methodology in based on the set of general scientific and special methods: synthesis, analysis, the system-structural, formal-legal, logical, comparative-legal, statistical and other methods. Regulatory forms are expressed in the forms of a civil law institution of prevention of causing and compensation of damage, which, according to the character of the offence, form a specific sub-institution of compensation for damage caused by corruption offences. Individual civil law forms of compensation for damage, caused by corruption offences, are represented by legal relations – tort liabilities, in which the subjective rights of the injured and the legal responsibilities of the wrongdoers are formed and implemented. Personable civil law forms of compensation for damage, caused by corruption offences, consist in legal capacity and active capacity of persons involved in the mentioned tort liabilities. Each of them is analyzed. 
Lyubarev A. - On the logic of legislative regulation of candidates registration on the ground of voters’ signatures pp. 1-8

DOI:
10.7256/2409-7136.2016.8.18949

Abstract: The article analyzes the provisions of Russian electoral legislation regulating candidates and lists of candidates registration on the ground of voters’ signatures. The author notes that in the result of the recent unsystematic editing of electoral legislation, this legislation has lost its internal logic. The author studies the practice of registration of candidates and lists of candidates on regional and municipal elections of the past several years and notes that, according to the legal position of the Constitutional Court of the Russian Federation, the candidates and lists of candidates registration system is aimed at allowing the candidates with a sufficient electorate support to participate in the election. The author compares the provisions of electoral legislation about the number of voters’ signatures, necessary for registration, and about the practice of exemption of some political parties from gathering signatures. The comparison demonstrates the lack of logic in the provisions regulating the rules of candidates and lists of candidates registration. The analysis of the practice of candidates registration in regional and municipal elections demonstrates that the system of registration on the ground of voters’ signatures doesn’t discharge its constitutional function: it leads to the denial of access of popular candidates to election, but allows the candidates, subsequently gaining poor results, to participate. The author offers the measures of restoration of the normal electoral competition in Russia. 
Fomicheva O.A. - On the issue of legislative initiative implementation pp. 1-12

DOI:
10.7256/2409-7136.2016.9.20234

Abstract: The research subject is the mechanism of legislative initiative implementation. The author studies the problems of lawmaking as a basis for the legislative process in the State Duma and regional legislative bodies of the Russian Federation. The author formulates the following tasks: to identify the lawmaking elements on the stage of legislative initiative development and the mechanisms of their realization. The key component of a draft law idea implementation is the methodology of jurisprudence. The author studies the ways and mechanisms of legal instruments. The application of general scientific research methods helps the author to conclude about distinguishing the lawmaking procedure of legislative initiative into two interrelated stages. The research element of this issue is the absence of a detailed mechanism of legal regulation of law making. The analysis of theoretical and statutory sources allows defining the problems of implementation of a lawmaking mechanism in the process of legislative initiative development. The author outlines the problems of implementation of this type of a lawmaking idea and offers solutions. For example, the decisions of the Constitutional Court of the Russian Federation as an idea and lawmaking targeting are the first stage of the lawmaking process on the stage of legislative initiative. 
Babina E.A. - Legislation of the foreign states on remote sensing of Earth with artificial satellites. pp. 10-22

DOI:
10.7256/2305-9699.2014.9.13141

Abstract: The author studies the foreign legislation regarding remote sensing with the use of artificial satellites of Earth.  The author studies the legislation of Australia, South Africa, England, Argentina, Belgium, Brazil, Germany, Spain, Canada, China, Norway, the USA, the Russian Federation, Ukraine, Sweden, France, Chile, Japan in this sphere. The author draws a conclusion that this legislation is rather scarse, and that laws and other normative acts are adopted only in some cases. It is also stated, that such legislation only exists in the states, where state bodies and legal entities are directly involved in this sphere by the type of their activities or they are in other ways interested in studies and use of the space.  The author states that usually the provisions on remote sensing are included into the general legislation on space activities, and sometimes the regulation is indirect, rather it is included within the scope of the civil law relations. The author also states that legislation of the states regarding space activities started to develop or was adopted after it turned out that these activities are undergoing the transition from the sphere of international military tension to the sphere of commercially profitable entrepreneurship, and a special branch of international space law is now forming, which is international space private law.
Babin B. - Proprietary right of peoples: international and national dimensions pp. 12-34

DOI:
10.7256/2305-9699.2013.10.9469

Abstract: The goal of this article is to define international legal contents of the proprietary right of peoples and to find mechanisms for improvement of relevant national and international institutions. These goals may be achieved thanks to critical and comparative analysis of  legal sources, as well as the doctrines. It is being proven that international law recognizes the possibility for the proprietary rights of the peoples, as collective public rights, having both public and private law implementation mechanisms. Then, it does not provide the criteria for distinguishing state (and other public) property from the property of the people.  Such a right is being recognized in the national systems through political and legal declaration, and its correlation with the generally accepted system of distinguishing between public (state) and private property is weak.  Understanding the violations of the natural rights of nations by making all public resources belong to the state, the law-makers search for various compromises, and most of such compromises are not practically proven to be efficient.   In the opinion of the author  property of the people should apply to any public resources, having no individual owner or beneficiary, and being valuable for the implementation of collective rights of the people. It is established, that implementation of the right of the people to own, use and dispose of such property should be implemented by it directly, and the public government is only empowered to form the mechanisms for such implementation, but not to gain profit from it. It is also stated, that the public government may not make property of the people become state, municipal or private property without due expression of will and efficient compensations. The people also do not bear the risks of private economy and state administration activities, including the foreign debt of the state. 
Parfenov A. - The review of the foreign legislation in the sphere of language testing for the purpose of foreign citizens integration into the receiving society pp. 13-40

DOI:
10.7256/2409-7136.2016.9.20075

Abstract: The paper considers the issues of language and sociocultural integration of migrants in different European countries. The author analyzes the legal provisions concerning the compulsory linguistic integrational tests for the majority of migrants coming to the receiving country, and the minimum requirements to the level of communication skills of foreign citizens and stateless persons applying for any legal status. The author demonstrates the unified classification of formalized requirements to the command of the official language and the sociocultural background of the receiving society depending on the migration goals. The author reviews the legislative bases of nine European countries: Austria, Great Britain, Germany, Spain, Italy, the Netherlands, Finland, France and the Czech Republic, and concludes that in various situations in all the countries under consideration a foreigner should confirm the command of the national language and sometimes the cultural background of the receiving country. Consequently, the development of the modern Russian legislation concerning compulsory language tests and the knowledge of the history of Russia is in line with the European migration policy trend. The results of the study can be used for a further detailed consideration of the mechanism of legal regulation of social relations dealing with Russian as a foreign language. 
Zolotareva A.B. - Risks of Transition to a Market Placement of the State Order for Social Services pp. 17-26

DOI:
10.25136/2409-7136.2018.2.21562

Abstract: The article is devoted to the analysis of the development of the laws on funding the state order for social services over the last 10 years as well as planned reforms in this sphere. The author of the article demonstrates the current transfer from estimate financing of state and municipal organizations to paying for their services based on normative funding serves the purpose of transfer to the market placement of the state (municipal) order for social services. In her article Zolotareva applies traditional law methods such as comparative law analysis as well as logical analysis. Based on the results of her research, the author concludes that curent and planned changes in funding social services provoke certain risks including risks of uncontrolled reduction of the budget, property of state organizations and reduction of the quality of social services. To reduce these risks, the author believes it is necessary to completely review the concept of the reform and to refuse from a number of measures. 
Zolotareva A.B. - Is the present system of procurement centralization rational? pp. 19-41

DOI:
10.7256/2409-7136.2015.12.1732

Abstract: As compared with the previous legislation, the Federal law "On the contract system in procurement of goods, works, and services for the state and municipal needs" expands the regulation of procurement centralization. Russia's regions and municipalities retain the freedom of choice of the model of centralization: from preserving customers' authorities to select the supplier, to delegating all such authorities to the special government body; with regard to state agencies, the centralization of other procurement functions is allowed. The article contains the analysis of models of centralization, applied in Russian regions, and their comparison with the approaches to the centralization of procurement in the developed countries. The author applies traditional legal methods of comparative legal analysis and the systems analysis. In the result of the analysis, the author comes to the conclusion that the existing degree of procurement centralization is excessive and inefficient, and proposes the improvement of legislation on centralization for solving the revealed problems. 
Pibaev I.A. - The formation of a temporal state in Russia in the 19th – the 21st centuries: historical and theoretical aspect pp. 20-47

DOI:
10.7256/2409-7136.2015.8.15680

Abstract: The article considers the main stages of formation of the Russian Federation as a temporal state. The article presents a historical and legal review of development of secularity in Russia in the historical periods starting from 1701 till the present time. The author notes that the Constitutions of the USSR and the Russian Soviet Federative Socialist Republic didn’t legitimate a temporal state as a characteristic of social order. For the first time this term occurred in the 1993 Constitution of the Russian Federation (though the USSR Law № 1689-1 “On Freedom of Conscience and Religious Organisations” of October 1, 1990 and the Law № 267-1 “On Freedom of Religion” used the term “secularity” when describing the state system of education). The author applies the following methods: the specifically-historical method, the comparative-legal, the formal-juridical and the political-legal methods. Normative acts of the Soviet period didn’t use the term “secularity” but formally legalized the temporal character of the state. At the same time, in reality the state was atheistic and in particular periods of history took tough repressive measures against religious organisations (1917 – 1920 – the first shootings of the clergy and the mass robberies of churches, 1921-1923 – confiscation of church values, 1929 – 1931 – dispossession of the kulaks, 1937 – 1938 – mass terror, 1958 – 1964 – the Khrushchev’s anti-religious campaign). 
Trofimov E. - The reward work and reward law in the system of legal regulation pp. 24-89
Abstract: The article deals with the legal aspects of the reward work in the Russian Federation. The author comes to the conclusion that the legal heterogeneity of the reward work. Informal awards releases serve as reflections of constitutional freedom of conscience and speech of individuals, and the official awards reflect public authority. The reward work includes the basic unit of public relations regarding establishment of awards and rewarding and another unit concerns guarantees for rewarding and honored persons. The establishment of formal awards and rewarding are governed by award law. It is characterized by the unity of the subject, the method and the principles of legal regulation, and it is regarded as a part of the administrative law. Administrative nature of reward law is determined by the benefit features of awards.
Logvinova I.V. - On the issue of constitutional legal responsibility pp. 24-33

DOI:
10.7256/2409-7136.2016.5.18947

Abstract: The research subject is the formation of the institution of constitutional legal responsibility in the Russian Federation. The research object covers not only legal relations, but also the political and ethical resources, which are currently influencing and can influence in future the effectiveness of measures of constitutional legal responsibility. The paper considers the topical issues of correlation of constitutional legal responsibility and political and ethical responsibility; of the inclusion of new constitutional legal sanctions in the Russian legislation; of the practice of their application in the context of development of discretionary powers of the head of the state. The author applies the positivist and technical approaches to distinguish between constitutional legal responsibility and other phenomena of a nonlegal nature. The axiological approach is used for outlining the capacities of the balance of legal and ethical norms within the context of the problem of constitutional legal responsibility. The novelty of the study consists in the analysis of the topical constitutional practices in the field of constitutional legal responsibility. The author offers to legitimize such a constitutional legal measure as a reprimand of a regional high official by the head of the state; to make the oath compulsory for state officials; to consider the recall of the regional highest official by the electorate as a form of constitutional legal responsibility. 
Shchuplenkov O.V., . - Constitutional bases for the freedom of information in Russia pp. 35-92

DOI:
10.7256/2305-9699.2013.10.9617

Abstract: In this article the author analyze the causes, preventing the implementation of priority social, economic and political goals in achieving the democratic state. They discuss their elements, regarding legal causes as legal norms failing to meet systemic requirements; social causes as including conflicts between neo-liberal reforms and social views of the Russians; spiritual and educational causes including low legal culture, lack of even elementary legal education, organizational causes including unsatisfactory control of the state over implementation of the existing and newly issued legal acts. Finally, the authors consider that the unsolved legal conflicts become one of the forms of legal contradiction, undermining the bases for the sustainable development.  Consequently, establishing the socially important information, establishing its key elements and role may be achieved by combination of general scientific data of information, and social information, first of all, together with the special legal notions on this type of information, as provided for mostly in legal definitions, lists of generally accessible information, legislative acts and other legal forms. 
Kireeva A.V., Shatalov S.S. - Public accounting: a promising direction of development of a system of public control in Russia pp. 35-45

DOI:
10.25136/2409-7136.2017.11.22705

Abstract: The research subject is the set of instruments used to provide public participation in public management and control. The authors show that a range of such instruments — including “public control”, estimation of regulating and actual impact and various types of public examination: independent anti-corruption examination, public discussion, opinion of the Expert Board under the Government of the Russian Federation — has been formed during the administrative reform. However, their potential is not being fully realized. Among other things because of the fact that most of them are not intended to involve public participation. The research methodology is based on the works of V.M. Komarov, P.N. Pavlov, Ya.I. Kuz’minov, A.B. Zhulin, A.A. Voloshinskaya, E.V. Talapina and others. The authors use the methods of interpretation and modeling, statistical, formal-logical, comparative-legal and other methods. The authors prove that Russian institutions, guaranteeing public participation in public management and control, don’t include the institution, widely used in some countries, - the institution of public accounting, which allows influencing the process of planning audit, performed by the government bodies, via the collective petitions mechanism. The practice of using “public audit” is illustrated by the experience of the Republic of Korea. 
Kabanov P.A. - Anti-corruption powers of the heads of subordinate entities of the Russian Federations: issues of legal regulation pp. 39-73

DOI:
10.7256/2409-7136.2016.12.1996

Abstract: The research object is the legal regulation of the powers of the highest officials (heads of executive authority bodies) of subordinate entities of the Russian Federation in the sphere of the struggle against corruption. The purpose of the research is the systematization of the powers of the highest officials of the Russian Federation in the sphere of corruption prevention, enshrined in the regional anti-corruption legislation. The tasks of the research are:-         The analysis of the regional legislation and the search for the provisions, legislating the powers of the highest officials of subordinate entities of the Russian Federation in the sphere of corruption prevention;-         The description of the content of the powers of the highest officials of subordinate entities of the Russian Federation in the sphere of the struggle against corruption, reflected in the regional legislation;-         The development of proposals about the improvement of the regional legislation for the purpose of specification of the powers of the highest officials of subordinate entities of the Russian Federation in the sphere of corruption prevention.The research methodology is based on the dialectical materialism and the related general scientific methods of cognition – analysis, synthesis, comparison, extrapolation and other methods of jurisprudence. The scientific novelty of the study consists in the detection and description of the main powers of the highest officials (heads of executive authority bodies) of subordinate entities of the Russian Federation in the sphere of the struggle against corruption. 
Lyubarev A. - Proportionate and mixed election systems in regional and municipal elections in the Russian Federation and the "fabricated majority" problems. pp. 65-118

DOI:
10.7256/2305-9699.2013.8.9212

Abstract: The author studies distortions of proportion in representation of political interests of elections with the use of proportionate and mixed election systems in regional and municipal elections in the Russian Federation. Much attention is paid to the situations of "fabricated majority" of persons voting against all candidates, when a leading party has more than 50% of mandates, while having less than 50% votes in a united election district.  The author studies the roles of voting "against all candidates", threshold, allocation of deputy seats in a majority element of a mixed election system  in formation of the "fabricated majority" effect.  It is shown that within a proportionate election system the leading role belongs to the threshold above 3 per cent and the Imperiali divider method. However, majority element of a mixed system plays the greatest role in the formation of "fabricated majority". The author concludes that it is necessary to abolish the mixed unbound election system.  As an alternative he offers a mixed bound system, which is analogous to the system used in Germany.
Agapov I.O. - On the issue of lobbying regulation in Australia pp. 95-104

DOI:
10.7256/2409-7136.2015.11.1645

Abstract: The subject of the research is lobbying activity in Australia and the way of its legal mediation. The author provides a brief historical review of the legislative initiatives of the Parliament of the Commonwealth of Australia aimed at the regulation of public relations between public officers and the representatives of private interests. The author focuses on the national peculiarities of the Australian scheme of regulation of lobbying relations which manifest themselves, primarily, in the form of unification of norms regulating the activities of “mercenaries” – the code of conduct. The author briefly analyzes the existing acts adopted in different periods of time by the states of Australia. The author applies various general scientific and special research methods, namely the historical, logical, systems-structural, formal-logical methods and others. The novelty of the research lies in the revelation of another national way of lobbying regulation which can be added to the collection of actively studied models of legal regulation of lobbying: American, Canadian, British, German, “European”. Australian experience shows that it is not necessary to issue a special law to regulate lobbyism. 
Motrinets S.I. - Development of parliamentary law: searching for an efficient model. pp. 119-136

DOI:
10.7256/2305-9699.2013.8.9304

Abstract: The article concerns the problems of formation and development of the legal norms and institutions in the sphere of parliamentary procedure. The author studied the genesis of parliamentary law, and has proven the key role of legal doctrine in these processes.  It is shown that the first forms of regulation of parliamentary procedural relations appeared at the same time when the first parliaments had started to function.  The author proves that the experiences of the USA and the Great Britain were used for the development of parliamentarism  and formation of parliaments in the states belonging to continental legal family. The author offers to regard parliamentary law as sub-discipline of constitutional law, a combination of legal norms and institutions regulating the relations in the sphere of parliamentary work, as well as the relations in the sphere of functioning of other collegiate elected representative bodies (autonomies, local self-government, self-organizations of people, etc.). The author proves variations among the sources of parliamentary law, discusses the issue of practicability of codification of all of its norms within a set of procedural rules (regulations). Finally, the author discusses a topical issue of a nature of such an act. 
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