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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue ¹ 01/2022
Contents of Issue ¹ 01/2022
Executive authorities and the civil society
Kalyuzhny Y.N. - Organizational and legal problems of functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies in matters of road safety pp. 1-12

DOI:
10.7256/2306-9945.2022.1.37768

Abstract: The subject of the study is the organizational and legal problems of the functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies in matters of road safety. The object of the study is public relations related to the functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies. As a result of the analysis of normative legal acts, scientific literature, the author comes to the conclusion that despite the existence of public councils for more than ten years, the analysis of the practice of their functioning allows us to assert that there are separate problems, both legal and organizational, that do not allow them to fully fulfill their intended purpose expressed in the coordination of the coordination of socially significant interests, solutions to the most important issues of the activities of internal affairs bodies, including in the field of road safety. The methodological basis of the research was a complex of general scientific and private scientific methods of cognition (formal legal, analytical, system analysis, synthesis, modeling, comparison, etc.), special scientific (technical and legal analysis, etc.). The scientific novelty of the research is expressed in the author's vision of the solution of the identified problems of the functioning of public councils. The author's general conclusion is the statement that the high social significance of the road traffic sphere for society determines the need to improve the mechanisms of citizens' participation in the management of public relations related to ensuring the safety in question, one of which is the public councils under the federal executive authority in the field of internal affairs and its territorial bodies. For the effective functioning of the institution under consideration, it is necessary to improve the organizational and legal foundations that help transform it into a real tool for expressing the position of civil society, allowing for managerial influence on the sphere of traffic.
Public and municipal service and the citizen
Rebrishchev N.M. - Stages of reformation and problems of development of the Institute of Public Service in the Russian Federation pp. 13-21

DOI:
10.7256/2306-9945.2022.1.33857

Abstract: The subject of the study is the formation and development of the institute of public service in the Russian Federation as a public administration apparatus. The object of the study was the social relations arising in the process of reforming and formation of the institute of public service in the Russian Federation. The purpose of the article is a comprehensive study of the institute of public service in the Russian Federation, identification of problems of development of this institute, as well as the development of practical recommendations for their elimination. The author pays special attention to the stages of reform and development of the institute of public service in the Russian Federation at the present time. Their analysis is carried out within the framework of administrative reform, as well as the problems of the development of the institution of public service and ways to solve them are outlined. At the same time, the author identifies certain features that allow determining the quality of public service as a social institution in the state. The compliance of the current model of public service in the Russian Federation with these characteristics is considered.    The main conclusions of the author in the study of the topic are that the main directions of the development of the civil service should be: the definition of clear goals and objectives of the civil service; the completion of the reform of the military and law enforcement service through proper regulatory regulation of these types of public service; the creation of a public service management system; information support for the reform of the civil service; increasing the prestige of the civil service through the introduction of new methods of stimulating civil servants and strengthening public control over the activities of public authorities. The novelty of the research lies in the fact that the author, analyzing the main problems of the development of the institute of public service, concludes that the ongoing reform of the institution under study has encountered a barrier of traditional bureaucratic values and paternalism of public service relations. This has led to the discrediting of the institution of public service in society and the discrepancy between the declared goals of public service and the real goals of the activities of civil servants.
Law-enforcement legislation
Sasykin K.Y. - The stage of initiation of a criminal case as an administrative barrier, beyond which a preliminary investigation begins (for example, Article 177 of the Criminal Code of the Russian Federation and other elements of crimes under the jurisdiction of the FSSP of the Russian Federation). pp. 22-34

DOI:
10.7256/2306-9945.2022.1.35470

Abstract: The article is devoted to the assessment of the actual possibility of citizens' realization of the constitutional right to access to justice in the conditions of the current model of criminal proceedings in the Russian Federation. The author investigates the problems of the application of certain provisions of the criminal procedure legislation of the Russian Federation defining the reasons, grounds and timing of the initiation of a criminal case, combined into the stage of initiation of a criminal case (Chapters 19-20 of the Code of Criminal Procedure of the Russian Federation). The question of the need to reform domestic legislation in this part in order to increase the effectiveness of the criminal procedural function of the state is being investigated. The study is based on the perspective of topical issues of initiating criminal cases for crimes under the jurisdiction of the FSSP of the Russian Federation, including those provided for in Article 177 of the Criminal Code of the Russian Federation, taking into account official statistics for 2020 and judicial practice on citizens' complaints. The relevance is based on disappointing data on the execution of judicial acts in the Russian Federation. In particular, attention is drawn to the presence in 2020 of more than 110.5 million enforcement proceedings in the FSSP of the Russian Federation, the generalized level of enforcement for which amounted to no more than 50%, totaling 696 billion rubles, which is a serious threat to economic stability and requires timely response. The relevant data are considered as a consequence of the existing barrier at the stage of initiation of criminal proceedings in the implementation of criminal legislation, including determining responsibility for crimes against the authorities, malicious non-execution of judicial acts, which is also confirmed by unjustified indicators of the initiation of criminal cases under Articles 177, 311, 312, 315 of the Criminal Code of the Russian Federation. In order to ensure the implementation of the criminal procedural function of the state, a comprehensive reform of this stage is proposed by transforming it into the institution of the beginning of criminal proceedings, which will restore the preventive function of the norms of the criminal legislation of the Russian Federation and ensure the effective operation of state authorities.
Matyukhin O.I. - On the issue of the exercise of powers by internal affairs bodies in ensuring public safety at air transport facilities pp. 35-43

DOI:
10.7256/2306-9945.2022.1.36832

Abstract: The subject of the study of the topic under consideration is the implementation of the powers of the internal affairs bodies in ensuring public safety at air transport facilities. The article shows the role of the internal affairs bodies in ensuring public safety through the implementation of the powers assigned to them. The article is a structural presentation of the material on the implementation of law enforcement tasks at air transport facilities. The introduction describes the relevance of the field of aviation transport to meet the needs of society, the high demand of the population for this type of transport, the tasks of law enforcement agencies and air transport enterprises to ensure the safety of citizens while they are at the airport and during the flight. The main part explains the issues related to the use of regulations as a means of preventing persons from entering air transport facilities when performing work related to transport security by checking them against various databases, the results of which are concluded. An idea is given about the use of the norms of legislation providing for liability in the case of an administrative offense or crime. The article may be useful to those who are involved in the process of ensuring security at air transport facilities, law enforcement officers, subjects of ensuring transport security – employees of the aviation security service and departmental security of the Ministry of Transport of the Russian Federation, as well as whose interests are related to carrying out work at such facilities, and citizens using air transport services. Thus, the concentration of efforts in the field of public safety, based on the application and implementation of legal norms by the subjects involved in this process, understanding the importance of aspects of interaction in the implementation of the powers granted, as well as the overall organization of activities at air transport facilities will allow us to talk about the effectiveness of the entire security system focused mainly on the social needs of citizens and interests states.
Public and municipal service and the citizen
Chzhan K. - The practice of motivating employees with wages in the Public sector of the People's Republic of China pp. 44-49

DOI:
10.7256/2306-9945.2022.1.33142

Abstract: The article discusses the practice of motivating employees of the Chinese public sector through wages. The author notes that, in general, the system of "salary" motivation of employees in the public sector is characterized by a rather low role of the basic salary and seniority allowances. The main earnings of employees are provided by the official salary, the coefficients of collective and personal efficiency at work that increase the amount of earnings, allowances and surcharges directly related to the effectiveness of staff work, their professional development and career growth. At the same time, mechanisms are actively used to avoid an excessive gap in the income level of senior employees and the bulk of the staff.   The difference in the salary level is strictly limited, the level of remuneration is tied to the formalized requirements imposed on each specific employee. The article notes that the equalizing principles of remuneration accrual are closely and quite harmoniously combined with purely market ones. The latter makes it possible to motivate employees to highly productive work, improve their qualifications, receive education, participate in the rationalization of production, and at the same time makes it possible to minimize conflicts between senior employees and the bulk of the staff, as well as to avoid the occurrence of such a destructive factor as awareness by the bulk of employees of the injustice of the payroll system.
Question at hand
Alekseenko A.P., Mungalov A.V. - Digitalization of the Russian ruble. Introduction of a new form of Russian currency. pp. 50-56

DOI:
10.7256/2306-9945.2022.1.37778

Abstract: The subject of the study is the concept of the Central Bank of Russia on the digitalization of the Russian ruble. The object of the study is the digital ruble in the civil law system of the Russian Federation. The authors consider in detail such aspects of the topic under study, namely: the place of the digital ruble among the traction objects of civil law, analyzing the digital ruble through the prism of "digital currencies" legalized by Federal Law No. 259-FZ of 31.07.2020. The authors pay special attention to the legal assessment of the "digital ruble" and try to analyze whether the digital ruble will be a new object of civil law or the digitalization of the national currency is just a new form of the Russian ruble. The main conclusions of the authors are that the digital ruble by its legal nature is a new form of expression of the Russian ruble. The digital transformation of the national currency does not change its essence, the monoobject of civil rights – money - remains, while acquiring a new way of expression through information technology. Within the framework of this study, the authors found that the current legislation in the field of regulation of digital assets, in particular Federal Law No. 259-FZ of 31.07.2020, requires changes in the definition of "digital currency" or explanations from the legislator regarding the ratio of "digital ruble" and "digital currency".
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