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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 03/2021
Contents of Issue ¹ 03/2021
Issue of the day
Ishchenko A.A. - On the legal nature of strategic planning of socioeconomic development in foreign countries pp. 1-20

DOI:
10.7256/2454-0595.2021.3.35479

Abstract: The subject of this research is the legal nature and legal mechanisms of strategic planning of socioeconomic development in foreign countries. The goal is to examine the peculiarities of legal nature of the strategy of socioeconomic development in foreign countries. The author sets the following tasks: analyze the current state of legal regulation of the strategy of socioeconomic development in the Russian Federation; examine the peculiarities of legal nature of the strategy of socioeconomic development in certain foreign countries; use the data acquired in comparative legal aspect for outlining the prospects of using positive foreign experience in domestic practice. Analysis is conducted on the experience of strategic planning in the United States, Germany, and Japan as the representatives of different groups of countries with their own specificities. The author describes the peculiarities of various approaches towards legal regulation of strategic planning , which are substantiated by the following factors: the historical path of development of the strategic planning system; affiliation to different legal families and establishment of legislative system; degree of economic and social development; approaches towards settlement of the questions of correlation of public and private interests, and a range of other factors. The strengthening of the role of federal center as the organizing core of the mechanism of strategic planning is substantiated. The conclusion is made on the prospects for the development of legal regulation of the strategy of socioeconomic development in the Russian Federation. Recommendations are formulated on amending the legislation in the sphere of strategic planning.
Theory and science of administrative and municipal law
Shilekhin K.E. - Approach towards classification of the types of legal responsibility pp. 21-31

DOI:
10.7256/2454-0595.2021.3.35436

Abstract: The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.
Executive authorities and the civil society
Kalashnikov S.V. - Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation pp. 32-46

DOI:
10.7256/2454-0595.2021.3.35915

Abstract: The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.
Public and municipal service and the citizen
Semin A. - Organizational structure of the state civil service of Russia in Russia during the XVI – XVII centuries pp. 47-58

DOI:
10.7256/2454-0595.2021.3.35800

Abstract: This article examines the organizational structure of the state civil service during institutionalization of the system of public administration in the XVI – XVII centuries. The author describes the characteristic traits of this stage of development of the civil service system as a whole, including the highly personalized nature of carrying service, narrow separation between civil and military service, as well as the presence of rank system that was applicable to both the government apparatus and the society. In this context, the author explores the key misinterpretations of the term “rank”, its partial conflation with the concept of “post”, and the absence of universal definition. Research is also conducted on correlation between the organizational structure of the civil service and the class composition of the Tsardom of Russia, which has proven the possibility of separating the system of ranks of public servants from the unified social hierarchy. Special attention is given to the clerical service and its organizational structure: comparison of the status of clerical servants with the elements of the legal status of modern civil servant considering this type of service as the closest prototype of the state civil service. The basic traits of the clerical service include professional character, rigid hierarchy, stability, enforcement nature of activity, additional rights and responsibilities. The author highlights the key role of the concept of “rank” as the characteristic of the position of am individual within service hierarchy, used to for creating a prototype of the organizational structure of the state civil service. The scientific novelty consist in determination of the characteristic features of the organizational structure of civil service as whole, and state civil service in particular, which prove the existence of the developed, although non-unified hierarchy that later provided the framework for the reforms of Peter the Great. This confirms the gradual and consistent, rather than revolutionary nature of the transformations introduced by the Table of Ranks. Such approach gives a more comprehensive perspective upon the evolution of the institution of organizational structure of the state civil service.
Administrative law, municipal law and security
Amelichkin A.V. - On the legal problems of operation of highly automated vehicles in road traffic pp. 59-73

DOI:
10.7256/2454-0595.2021.3.35319

Abstract: The subject of this research is the system of legal relations in area of ensuring road safety in terms of operation of highly automated vehicles on public roads. The object of this research is social relations arising in the context of operation of highly automated vehicles traffic on public roads. The goal of this article consists in examination of the normative legal framework that regulates the peculiarities of operation of highly automated vehicles, as well as in development of recommendations for improving the normative legal framework. The author explores the issues of normative legal regulation of operation of highly automated vehicles on public roads. Special attention is given to the current issues of legal nature. The novelty is defined by the need to improve legal mechanism for the operation of highly automated vehicles on public roads. The author identifies the problems and offers solution on enhancing road safety in terms of operation of highly automated vehicles on public roads for protecting the road users. The conclusion is made on the need to revise the normative legal acts in the area of ensuring road safety for the purpose of achieving a positive result from implementation of highly automated vehicles into road traffic. The acquired results can be used in the legislative activity of government authorities, law enforcement practice, educational process of the educational institutions, scientific research of the experts on ensuring road safety, improvement of the branches of the Russian legal system.
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