NB: Administrative Law and Administration Practice - rubric Public law: New challenges and realities
NB: Administrative Law and Administration Practice
12+
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > Editorial board > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Public law: New challenges and realities"
Public law: New challenges and realities
Usov A.Y. - Prosecutor's science: current state and development trends pp. 1-8

DOI:
10.7256/2306-9945.2023.4.44189

EDN: YZWXCJ

Abstract: The article is devoted to the study of the history, current state and trends in the development of prosecutorial science in the Russian Federation. Currently, legal science is undergoing a reform associated with the process of consolidation of scientific specialties. The article defends the need to preserve prosecutorial science as an independent branch of legal knowledge, characterized by a whole galaxy of outstanding scientists engaged in the study of the theory of prosecutorial activity, an independent system of scientific and educational organizations that form scientific schools in this area, and, finally, a detailed elaboration of the scientific foundations of the functions and areas (areas) of the prosecutor's office, a doctrinal approach to the development and functioning of the prosecutor's system. The main conclusions of the conducted scientific research are the ideas that at present there is a steady trend towards the separation of prosecutorial science into an independent branch of scientific knowledge. The article also contains proposals for a more detailed definition of the scientific branch 5.1.2 "Public law (state law) sciences" of the content of scientific research devoted to prosecutorial science, which, in addition, would make it possible to more accurately distinguish scientific research also devoted to the study of prosecutorial supervision, which, however, are conducted within the framework of scientific branch 5.1.4 "Criminal law sciences".
Aleva-German E. - Principle of centralization of branches of the Office of the Prosecutor General of the Russian Federation: evolution and current state pp. 11-17

DOI:
10.7256/2306-9945.2020.4.34622

Abstract: This article examines the current state of legal regulation of organization and activity of the Office of the Prosecutor General of the Russian Federation from perspective of the principle of centralization of its branches defined in legal science. Analysis is conducted on the existing scientific viewpoints pertaining to the principle of centralization. Emphasizes is places on the polemical nature of the approaches towards this principle. The author draws parallel with the principle of uniformity of the branches of Prosecutor's Office, as well as turns to the most remarkable historical stages of its emergence and establishment. The article explores the impact of transformations that occurred as a result of the 2020 constitutional reform upon the current state of legal regulation of the principle of centralization. Amendments to the Constitution of the Russian Federation that stem from the major constitutional reform of 2020, as well as subsequent amendments introduced into the corresponding Federal Law “On the Prosecutor's Office of the Russian Federation” significantly affected the legal consolidation of the principles of organization and activity of the Office of the Prosecutor General of the Russian Federation. Based on the analysis of peculiarities and characteristics of the principle of centralization of the branches of Prosecutor's Office, and their comparison with the wording of the current legislation, the author claims evident weakening of this principle. The author stresses the need to put every effort with regards to lawmaking activity on the regulatory and departmental levels aimed at preserving this principle. .
Rouvinsky R.Z., Komarova T. - Social Credit System in the People's Republic of China: normative legal framework and principles of functionality pp. 18-53

DOI:
10.7256/2306-9945.2020.4.34365

Abstract: This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.
Paschenko I.Y. - Counter-sanctions information and restriction of information dissemination in the context of sanctions pressure on the Russian Federation pp. 45-54

DOI:
10.7256/2306-9945.2023.3.43820

EDN: VKMARZ

Abstract: The article examines countersanction information - a new category or type of information for domestic information and legal regulation. The concept of "counter-sanction information" appeared in the legislation in connection with the increased sanctions pressure of foreign states on the Russian Federation at the beginning of 2022. Regulation of the procedure for the dissemination of such information is designed to reduce the risks of taking restrictive measures against Russian legal entities and individuals who are participants in foreign economic activity. The author examines these norms on information, in particular the definition, analyzes the restrictions arising from the recognition of information as counter-sanctioned, the circumstances associated with the onset of legal liability. In the course of the research, scientific methods were used: analysis, generalization, comparison, modeling. The use of the formal legal method and systematic interpretation allowed us to form an idea of the counter-sanction information. The problem under consideration has not been practically investigated in Russian science. It is assumed that the legislator formulates a new special legal regime of information in the context of the development of counter-sanctions regulation, ensuring the protection of private and public interests. At the same time, the risks that have arisen in the activities of entities that freely disseminate information, including mass information, are analyzed. As a result of the conducted research, the conclusion is formulated that under the conditions of sanctions, freedom of information is reduced, and the volume of information previously open and accessible to an unlimited number of people may gradually decrease due to the development of counter-sanctions regulation.
Paschenko I.Y. - The Development of the Information Society in the Russian Federation: digital Information, information Technology and public Administration pp. 58-68

DOI:
10.7256/2306-9945.2022.3.38578

EDN: QSVTWK

Abstract: In the presented work, the author explores the development of the information society in the Russian Federation. Among the main factors influencing the transformation of public administration, the use of digital information and the use of information technologies by public authorities and local self-government are highlighted. The subject of the study is the legal regulation of relations arising in connection with the use of information in digital form and technologies related to its processing for management purposes. The task set by the author is due to the identification of trends in the development of information activities of public authorities. It is noted that in the current conditions, communication between citizens and the state is changing due to the emergence of new management mechanisms. The main hypothesis of the study is that the process of changing the electronic form of phenomena and categories to their more modern analogue in the perception of management subjects, which has a digital embodiment, is fixed. Digitalization did not become an unexpected phenomenon, it was preceded by the process of automation and informatization in public administration. The novelty of the research lies in the theoretical substantiation of the need to establish a continuous information exchange between the state and citizens by providing the population with permanent access to information and opportunities for its independent use, including automated processing. The practical value of the work is due to the consideration of the process of changing the provision of state and municipal services from the perspective of management activities and the new concepts of "superservice" and "monoservice". Conclusions are drawn about the stability of the existing regulatory framework for the development of public administration in the context of the digital transformation of society and the need for timely, point-by-point regulation of information legal relations of a public nature.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.