DOI: 10.7256/2454-0595.2017.8.23937

Abstract: The research subject is the legal novels included into the Federal law “On the Public Prosecution in the Russian Federation”, which formalize the requirements to the procedure of prosecutor’s investigation. Since such regulations have been introduced into the Russian legislation for the first time, the author gives special attention to the problem of correlation between the position of the Constitutional Court of the Russian Federation, which adjudicated on this matter in 2015, and the literal performance of the requirements, resulting from this adjudication, by the legislator. The author gives attention to the existing shortcomings. The author takes into account the established law-enforcement practice and the possibility of its adaptation to the new conditions, determined by the requirements of the legislative novels. The author concludes that in general, the legislator has performed the requirements of the adjudication of the Constitutional Court of 2015 in key aspects, however, the detailed study of certain provisions helps find out the shortcomings, which should be corrected for more effective use of the legislation by prosecutors. 

DOI: 10.7256/2454-0595.2017.8.23780

Abstract: Based on the legal statistics methodology, the author analyzes the periodicity of amending the regulations on federal executive authorities. To achieve the research goal, the author systematizes the current regulations on federal executive authorities, calculates average and absolute indexes in different groups of federal executive authorities. The considered indexes characterize the stability level of legal support of federal executive authorities, the quality of strategic planning in defining their legal status. The author uses the formal-legal, structural-functional and statistical methods, which help carry out a complex study of periodicity of amending the regulations on federal executive authorities. As a result, the author detects the average periodicity of amending the regulations on federal executive authorities, which numbers 214 days. The author finds out that the regulations on federal ministries change more frequently than others. The calculations demonstrate that the regulations on federal executive authorities of the “Presidential block” are more stable compared with federal executive authorities, managed by the Government of the Russian Federation. 

DOI: 10.7256/2454-0595.2017.8.24009

Abstract: The present article studies the theory and practice of legal responsibility of the state for the damage done by law enforcement and judicial authorities. The research object is the scope of civil, administrative and procedural relations, connected with responsibility for the damage done by judicial and law enforcement authorities. The research subject is the regulations of Russian legislation on delictual responsibility and law enforcement practice of courts of general jurisdiction of consideration of disputes over compensation of damage done by law enforcement and judicial authorities. The author uses general scientific and specific methods of cognition; the comparative-legal method is used for the analysis of the new and the old legal norms. The formal-legal method is also used. The analysis of law-enforcement practice of courts, which impose responsibility on the state for the actions of law-enforcement authorities, reveals not only the criteria and peculiarities of this form of responsibility, but also the tendencies of the legal policy of the state, its consistency in respect of its own responsibility to private individuals for the actions of its officials. The ability of the state to take the responsibility for the condition of justice, struggle against crime and protection of property rights can also be assessed as excellent from the position of the principles of legal regulation and the practice of using the institution of responsibility of the acts of the authorities.  

DOI: 10.7256/2454-0595.2017.8.23687

Abstract: The article considers the issues of public management of such a large scale migration process as external labour migration complicated by a foreign element. The author analyzes the positive experience of the People’s Republic of China, which makes progress in attracting and using highly skilled foreign specialists in its economy. The research subject is the effectiveness, peculiarities and means of managerial activity of the Chinese executives, and the provisions of statutory acts regulating the process of labour migration of foreign nationals in China. The author uses the set of general scientific methods of cognition (analysis, analogy and generalization of scientific data), and specific methods (comparative jurisprudence, the formal-legal method and functional analysis). The scientific novelty of the research is determined by the fact that the author is the first to attempt to study the positive experience of the People’s Republic of China in the regulation of labour migration. It is believed reasonable to develop and introduce a unified work permit in Russia for foreign citizens using China’s experience. It would significantly simplify the work of executive authorities, reduce document flow and eliminate redundant bureaucratic hurdles and corruption risks. 

DOI: 10.7256/2454-0595.2017.8.23855

Abstract: The research subject is the set of provisions of Chinese and Russian legislation regulating relations in the sphere of public service. The authors study the peculiarities of China’s law “On public service” and the related subordinate acts. Special attention is given to the provisions of this law, which would be appropriate to use for the administrative reform in Russia. The authors analyze the provisions of the Chinese legislation concerning entering public service, training public servant and preventing corruption among officials. For the profound study of Chinese legislation, the authors use the comparative-legal and formal-legal research methods, analysis and synthesis. As empirical materials, the authors use reports of mass media. The scientific novelty of the study consists in the fact that it considers the modern China’s legislation on public service and pays attention to the detection of provisions, which could be used by the Russian legislator. Based on the conducted research, the authors formulate recommendations for the improvement of the Russian legislation on public service, particularly, in the sphere of training public officials and their entering on public service.