DOI: 10.7256/2454-0595.2017.3.22246

Abstract: The article studies the issues connected with the structure of the judicial community body of the Italian Republic – the High Council of the Judiciary – and its composition. The author applies the methods of analysis, synthesis, comparison, specification, and generalization to study constitutional provisions related to this problem, characterizes the magistracy corps of the country, and studies the composition of the High Council of the Judiciary of the Italian Republic and the legal status of its main structural elements. The author studies the Executive Committee, the Disciplinary Commission, the Secretariat, the Department of analytical work and documents. The author also pays attention to other working commissions within the High Council of the Judiciary. Particularly, the author considers the Commission on reporting to the High Council and the commissions on inconsistency, internal procedure, access to the judiciary and mobility, professionalism level estimation, legal proceedings, institutional national and international relations, organization of work of courts, the magistracy of honor, the budget of the Council, organization and maintenance of accounting records, and the Special Commission (Commission of appointment on executive posts). 

DOI: 10.7256/2454-0595.2017.3.22334

Abstract: The paper studies Russian statutory instruments regulating the procedure of conflicts of interest prevention and management by the head of a municipal unit and a city district. The authors consider such aspects of the topic as the formalization of the responsibility of the head of a municipal unit to inform about personal interest in official duties, which causes or can cause the conflict of interest, and the problems of performance of such a responsibility. Special attention is paid to the analysis of the possible directions of development of federal legislation related to the procedure of informing about the conflict of interest by the highest officials of municipal units and city districts. The authors apply the dialectical method of cognition, and the system-structural, formal-logical and other methods. The authors conclude about the lack of normative formalization of the procedure of reporting about the conflict of interest by the highest officials of municipal units and city districts. The official (body), which should be informed, the terms, the form, the procedure, and the results of consideration of such reports haven’t been regulated. At the same time, the failure to perform such a responsibility is the reason for the resignation of the highest official of a municipal unit or a city district. The authors consider different variants of possible behavior of the highest official of a municipal unit or a city district in case of the situation of the conflict of interest, and offer the ways to eliminate this legal gap. 

DOI: 10.7256/2454-0595.2017.3.22043

Abstract: The research object covers conceptual, ideological, organizational, theoretical, and practical legal aspects of development of legal forms of regular public self-organization of citizens of municipal units. The research subject includes the problem aspects of application of such forms of local citizens self-organization as territorial public self-management, householders societies, public chambers of municipal units, small urban and rural settlements, intracity municipal structures. The author analyzes the key organizational and ideological problems of development of forms of regular self-organization of citizens and defines the ways to solve them. The study is supported by the Russian Foundation for Basic Research, project No 16-03-50015 “Improvement of the system of conceptual and ideological bases of local self-management formalized in the legal system of the Russian Federation”. The author studies the problem aspects of functioning of legal forms of public self-regulation of local citizens, reveals the variety of the related problems, existing in Russian municipalities, and concludes that it is impossible to find a universal remedy for all of them. Therefore, the research methodology is based on the set of scientific methods including dialectical, logical, historical, structural-functional, system, the method of complex study, legal prognostication, and the formal-legal method. The scientific novelty consists in the analysis of topical ideological and legal aspects of application of forms of regular public self-organization of local citizens in Russian municipal practices, and in the definition of directions of improvement of effectiveness of the existing ways of self-organization of citizens and optimization of the forms of their formalization. 

DOI: 10.7256/2454-0595.2017.3.21530

Abstract: The research subject is a legal status of a head of a municipal structure and the topical issues of legal regulation of a competition to the vacancy of the head of a municipal structure. The study is based on the results of the competition to the vacancy of the head of the municipal unit of Krasnodar. The author analyzes the Rules of competition and points out the significant normative drawbacks of this act, particularly, the problems of the list of documents the candidate should present to the competition committee. The author analyzes the opinions of legal scholars concerning this issue. The author applies general scientific methods: dialectical, historical, comparative-legal, system-structural, and system analysis. The author concludes that the competition procedure contains some legal nuances. Most questions are connected with the application procedure and with the list of necessary documents. The author concludes that “executive” municipal authorities gradually lack electiveness. It is important to guarantee observance of the fundamental legal principles. The procedure of the competition to the vacancy of the head of the municipal unit of Krasnodar should guarantee broad participation of citizens. 

DOI: 10.7256/2454-0595.2017.3.21381

Abstract: The paper studies the legal nature of administrative responsibility of subjects of advertising for the violation of advertising regulations and the problems of its effectiveness in relation to each of the subjects. The author proves the necessity to extend the list of administrative punishments for inappropriate advertising and to tighten responsibility in terms of ensued negative impact on the advertisement consumers. The author offers two ways of the current advertising regulations improvement and harmonization. Such an approach can promote improvement of the quality of legal regulation of social relations in the sphere of advertisements production and dissemination. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to guarantee law and order in the sphere of advertising, it is necessary to optimize the quality of administrative instruments applied to the subjects producing and disseminating inappropriate advertising. The author formulates the new version of the article of the Administrative Offences Code of the Russian Federation establishing responsibility for inappropriate advertising. 

DOI: 10.7256/2454-0595.2017.3.22229

Abstract: The research subject is the concept of constitutional regulation of the principle of equality in federal and regional legislation on municipal service. The paper considers the key issues of implementation of the principle of equality in municipal service. The author pays particular attention to the analysis of federal legislation on municipal service and estimates the corresponding legal provisions. The study is based on the works of I.V. Lagun, S.E. Channov, V.A. Gleikin, S.Yu. Fabrichnyi and other scholars. The research methodology is based on the analysis of the phenomena under consideration and the synthesis of the acquired results, induction, deduction and specific methods of scientific cognition: historical-legal, comparative-legal, and others. The scientific novelty consists in the fact that exclusion of local authorities from the public authorities system raises the question of necessity to form the specific corps of professional managers, independent from public service, responsible for local self-management on behalf of a municipal unit. It can be realized in terms of specific conditions of municipal service. In the context of its significant distance from public service, the problem of equality in municipal service rises to the new level. 

DOI: 10.7256/2454-0595.2017.3.22311

Abstract: The article considers the main principle of work of local governments in Spain – the autonomy principle formalized in the 1978 Constitution. The autonomy principle, whose concept has been developing by the theory of law and the law enforcement practice for almost 40 years, has significant impact on the character of interrelations of local authorities with public and regional authorities. Since interaction of local authorities and public and regional authorities is one of the key issues of local self-government, it seems necessary to define the key elements of the local autonomy principle, its characteristics and peculiarities. The author attempts at defining the idea of the local autonomy principle on the base of the analysis of statutory instruments, first of all, the provisions of the Constitution of Spain, the legal positions of the Constitutional Court of Spain, and the legal doctrine. Local self-government of Spain hasn’t been studied sufficiently enough in Russia. Taking into account the fact that Spain had started the formation of a new local self-government system, as did Russia a few years later, its experience in this sphere could be very important for the development of local self-government in Russia. Since the work of local authorities in Spain is based on the autonomy principle, the study of its concept could be important for the development of the science of local law, and the legislation on local self-government.