DOI: 10.7256/2454-0684.2023.1.43796

EDN: ULTEZJ

Abstract: This article examines the place of e-government in the system of public administration. The topic's relevance is due to the universal digitalization of public relations, including the sphere of public administration. E-government is a new format of interaction between the state and society based on the use of modern information and communication technologies, which needs theoretical justification. The methods of scientific analysis and synthesis, deduction, and induction, as well as methods of description, comparison, and analysis of secondary data, are used in the work. The article reflects on the issue of the development of e-government in Russia. The object of this study is the social relations that arise during the creation and functioning of the e-government system. The author formulates the conclusion that e-government in the Russian Federation is in continuous development and is also an important tool for the development of the digital economy, which requires a revision of the digital skills of civil servants. At the moment, there is already a trend toward training personnel for digital public administration. It is revealed that in the Russian Federation, e-government, which is an important tool for the development of the digital economy, is in continuous development. There is already a tendency to transition to electronic records. To get the maximum benefit from digital transformations in public administration, a new approach to the formation of the competencies of a modern civil servant is required because the lack of the necessary level of training can serve as a serious barrier to improving the efficiency of public administration. Information technologies are dynamic and rapidly undergoing changes. As a result, the existing requirements for civil servants cease to be relevant in the period of digital transformation. The legislation of the Russian Federation defines that the requirements for the knowledge, skills, and skills of civil servants are established by official regulations. Therefore, the competence model should be adapted for each specific position, taking into account the specifics of the activities of the authority.

DOI: 10.7256/2454-0684.2023.1.43799

EDN: UPYHGS

Abstract: Ensuring national security and measures to protect it are at the heart of the prosperity of any State and its people. The Russian Federation's modern national security system, which is a complex, multi-level system, plays a vital role in ensuring state and public security. The elements of this system are represented by security at various levels, interacting and functioning through direct and feedback links. An important direction of the Russian Federation's National Security Strategy is consolidating law enforcement agencies and civil society institutions to create positive external and internal conditions to implement national interests and priorities. In this article, the author examines the activities of law enforcement agencies aimed at ensuring national security and issues of interaction. The problem of law enforcement agencies' effectiveness in ensuring the Russian Federation's national security is also considered based on an analysis of regulatory legal acts and the effectiveness of law enforcement agencies. The system of safeguarding and protecting national security is considered in the totality of subjects in interaction, as well as various bodies, forces, and means of ensuring security at a national level, provided through existing legal norms. What determines the necessary relevance of the important issues under consideration in the current situation?

DOI: 10.7256/2454-0684.2023.1.43811

EDN: UPYODE

Abstract: This article analyzes features of urban planning and socio-economic development in Russia concerning problems that require legislative resolution. The author uses analysis, synthesis, formal legal, and logical methods to explore urban planning and socio-economic development issues. The dialectical method was applied to analyze legislation and its emerging practice. It was revealed that the change in the functional zones of urban land can often be carried out unreasonably, which leads to challenging these changes in court. At the same time, the consequences of such contestation by the legislator are not directly indicated, leading to legal uncertainty regarding the possible use of the land. It is proposed to legislate the consequences of declaring disputed changes invalid by the court, including restoring the former functional zone and bringing the territorial zone in line with the functional one by introducing changes to city authorities' land use and development rules. Based on the study's results on the practice of socio-economic development of cities, it was established that master plans and concepts are being developed in cities, the adoption of which is not provided for by the legislation on urban planning and strategic planning. According to the author, it is necessary to amend the Federal Law "On Strategic Planning in the Russian Federation" and supplement the list of municipal strategic planning documents with master plans and the concept of the city's development, which will correspond to the established practice. It is expected that the proposed ideas will improve the efficiency of urban space management and attract private investment in the formation of a comfortable urban environment.

DOI: 10.7256/2454-0684.2023.1.43809

EDN: UPZCCM

Abstract: The emergence of a novel coronavirus infection posed a major challenge to the global community and necessitated urgent and extraordinary measures to minimize the consequences of the pandemic. In the history of modern Russia, this was the first time a national emergency had occurred. Under such circumstances, the State needed an emergency response that also involved a regulatory mechanism. Of course, the regime of legal regulation in emergency situations has significant differences from everyday legal regulation. The author examines in detail the issue of constitutional and legal regulation of emergencies of this kind and analyzes and correlates it with actual legal regulation. Peculiarities of public authorities' organizational activity in pandemic conditions are investigated. Particular attention is paid to human rights during the spread of COVID-19. The author concludes that rather than applying the existing and well-defined regulations outlined in the Federal Constitutional Law "About the State of Emergency" from May 30, 2001 (¹ 3-FKZ), which stipulates the implementation of a state of emergency throughout the country or in specific areas, the ruling authorities have opted for an alternative legal approach. This decision has resulted in a swift modification of the emergency legislation, with its own set of consequences. The main problem, in the author's opinion, lies in the misapplication of the provisions of the Constitution of the Russian Federation, since from the systematic and interrelated interpretation of Articles 55 and 56 of the Constitution of the Russian Federation follows that they regulate the same social relations. However, article 56, unlike article 55, has special grounds for the application, so the principle of lex specialis derogate legi generali should be applied to them—that is, preference should be given to a special norm. In addition, the author proposes the adoption of a single legal act that would unify the different types of emergency situations and provide systematic and orderly legal regulation.

DOI: 10.7256/2454-0684.2023.1.43806

EDN: VBZORJ

Abstract: The subject of the present paper is the interpretation of the doctrine of the rule of law in the teaching of the leading representative of exclusive legal positivism, Joseph Raz (1939–2022). The importance of analyzing the doctrine of the rule of law from this perspective lies in the fact that such a study is able to identify the fundamental ideas of the positivist understanding of the law and the rule of law from the standpoint of the post-Hartian stage of its evolution. The article reveals two main approaches to understanding the rule of law in modern British legal literature: material and formal concepts. Raz's views on the rule of law are compared with the classical ideas of Albert Venn Dicey, the principles of the "inner morality" of law by Lon L. Fuller, and the position of Friedrich August von Hayek. The scientific novelty of the article is that, for the first time, an attempt has been made to reveal the differences between formal and material concepts of the rule of law in British jurisprudence in Russian legal literature. Raz's arguments about the nature and goals of the rule of law are not generally accepted in English constitutional doctrine but are quite indicative of the position of post-Hartian legal positivism on the problem of building a stable and predictable legal order. On the one hand, the principles of the rule of law revealed in Raz's teachings relate exclusively to the legal form, which is generally characteristic of the neo-positivism of the twentieth century. On the other hand, sociological attitudes can also be distinguished in Raz's teaching, which allows us to assert that post-Hartian legal positivism combines a number of ideas of "classical" and "sociological" positivism.