DOI: 10.7256/2454-0595.2021.2.34879

Abstract: This article examines the evolution of approaches towards creation and regulation of the civil service grade structure in the Soviet Unions. The author describes the logically differentiated stages, as well as the general provisions of the approaches, namely the refusal to separate the official of the state apparatus from all employees of the sectors of the national economy, and simultaneous substitution of the state apparatus for the party apparatus. The author outlines the trajectories of development of the civil service system as a whole and the state civil service as its part. Special attention is given to the attempts of creating a hierarchical system of personal ranks. The development of the institution of nomenclature is reviewed separately. The conclusion is made on underdevelopment of the administrative legal institution of the civil service in the Soviet Union, due to the absence of uniform approach towards regulation of the civil service grade structure. The attempt to create the civil service grade structure were unsystematic, did not distinguish between the officials of the state apparatus and the servants employed in the national economy; there were also no fundamentally different approached towards understanding the grade structure – on various stages, the base unit of building a hierarchical system were the categories “post” and “personal rank/title”. The author indicates no correlation between  the personal ranks, military ranks, and ranks of the internal affairs bodies.

DOI: 10.7256/2454-0595.2021.2.34111

Abstract: Despite the fact that the questions of administrative enforcement are classic for the theory of administrative law, they retain their relevance. New challenges and threats, as well as the paradigm of social and economic development, substantiate the need for revising the traditional points of view regarding such phenomenon as “administrative enforcement”. The key question on the agenda is the problem of determination of balance between private and public components in application of administrative enforcement measures, as well as the criteria that prevent excessive enforcement. Attention is turned to the functionality of such enforcement. The author describes its procedural and administrative aspects, as well as analyzes the effectiveness of implementation of this type of public enforcement. The questions of administrative enforcement do not cease to be relevant in the time of political and social instability; therefore, in order for the administrative enforcement to discharge its functions, the legislation should take into account the emerging processes and realities. The author notes that for preventing excessive administrative enforcement, the individual rights and freedoms should not be unduly restricted; only this guarantees fair public enforcement. It is also underlined that the administrative enforcement is of procedural nature, which justifies introduction of the category “procedural enforcement” into the formal legal discourse.

DOI: 10.7256/2454-0595.2021.2.34753

Abstract: The object of this research is the immovable cultural heritage. The subject of this research is the activity of the local self-government for the conservation, use, and popularization of cultural heritage sites owned by the municipalities, located in their territories, as well as state protection of cultural heritage sites of local (municipal) significance. Such authority is set in by the Federal Law “On Cultural Heritage Sites (Historical and Cultural Monuments) of the Peoples of the Russian Federation” and the Federal Law No.131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation). Leaning on the experience of the colleagues and analysis of the activity of Ufa City Municipal District Administration  of the Republic of Bashkortostan, positive and negative results obtained in the course of exercising the authority granted by the legislation in this sphere, the author acknowledges the need for a more integrated approach towards conservation of immovable cultural heritage of the local (municipal) significance; it includes the stage of its identification, and registration (with the municipal authorities), as well as organization of their rational use, such as leasing, privatization, etc. The article provides a number of recommendations, which are based on the practical experience and comprehension of theoretical material.

DOI: 10.7256/2454-0595.2021.2.34808

Abstract: In the current legislation, the terms “land dispute” and “dispute on land” have no regulatory basis, which directly affects the growth rate in the number of court cases. The phrase “land dispute” or “dispute on land” is attributed to such concepts that require utmost clarity and understanding of the entire chain of the dispute process from the origin of conflict to its consequences, including normative legal consolidation of each step. The article examines “land dispute” from the perspective of multi-criteria integrator of issues in land matters, turning to the methodological approach towards addressing major problems. Analysis is conducted on the sources of the emergence of this conflict. The author concludes on incompleteness of a number of previously considered approaches and research methods, as well as formulates recommendations. It is also indicated that the dialectical method, implemented through systemic analysis, would allow forming forecast models of the “land dispute” based on more precise amount of information. The conducted research proves that solution to the problem of “land dispute” is yet to be worked through; as well as substantiates the need for extending the criteria for analyzing the problematic of this issue and transferring it from the rank of uncertainty to the rank of mathematical modeling as one of the forecasting methods. The article explores the prerequisites for the emergence of “land dispute” from the perspective of occurrence of the sources of errors as a criterion for advent of conflict for litigation process and the mechanisms for settling such situations, taking into account the minimization of their origin.

DOI: 10.7256/2454-0595.2021.2.34270

Abstract: The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.

DOI: 10.7256/2454-0595.2021.2.35148

Abstract: The subject of this research is the practices of advanced legal regulation of the constituent entities of the Russian Federation on the example of the sphere of corruption prevention. Examination of the regional legislative practices is of particular interest within the framework of implementation of the single state policy in the area of corruption prevention and development of anti-corruption legislation. The selected topic also reflects general interest for the assessment of advanced legal regulation of the constituent entities of the Russian Federation as a whole at the current stage. The goal of this research is to develop proposals on improving anti-corruption regulation on the federal level based on the regional anti-corruption practices, using the formal-legal, systematic, and comparative methods. The conducted analysis allows assessing the regional lawmaking practices, as well as the legislation on corruption prevention. The regional practices are aimed at unification of anti-corruption regulation on the regional and municipal levels, as well as filling the gaps caused by imperfection of the federal legal regulation. The constituent entities of the Russian Federation use the right to advanced legal regulation conservatively, although they have such opportunity in for synchronization of legal regulation on the regional and federal levels. This substantiates the need for addressing these issues in the federal laws. The introduction of anti-corruption restrictions, mechanisms of compliance thereof, and liability for their violation (noncompliance) should be established by the federal laws. The author believes that the considered in the article regional practices deserve support and reflection in the federal laws.

DOI: 10.7256/2454-0595.2021.2.34915

Abstract: The subject of this article is the Russian and foreign legislative norms, materials of law enforcement practice, user policy agreements, scientific literature on the topic, and reports of the international organizations on human rights. The object of this research is the legal relations that regulate the existing mechanisms of information censorship on the Internet. The research contains a detailed historical-legal analysis of the mechanisms and principles of the implementation of regulation of the right to freedom of speech in the United States, with emphasis on the law enforcement practice. The author examines the latest Russian model of restrictions on the distribution of information, as well as the mechanism for preventing violations of the basic human rights and freedoms, which limits the possible impact on the exercise of political rights in the territory of the Russian Federation. The scientific novelty consists in the detailed analysis of previously unstudied aspects of restriction of information realized by the administration of social networks. In the course of this work, the author explores various approaches towards understanding the term censorship, as well as the constitutional legal peculiarities of information censorship on the Internet. The author proposes ways to develop legal provisions that regulate the exercise of rights in this sphere. The conclusion is made that on the need for development and legislative consolidation of the standards for user policy agreements, taking into account all available recommendations. The author makes proposals on improving the constitutional legal regulation of the right to information.