NB: Administrative Law and Administration Practice - rubric Public law: New challenges and realities
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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Public law: New challenges and realities"
Public law: New challenges and realities
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.
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