DOI: 10.7256/2454-0595.2022.4.38884

EDN: CLRJSM

Abstract: The object of the study is public relations regulating the issues of bringing to administrative responsibility employees of multifunctional centers for the provision of state and municipal services (MFC) on the territory of the Russian Federation. The subject of the study is the regulatory legal regulation of the administrative responsibility of MFC employees. The purpose of the study is to identify the problems of administrative responsibility of MFC employees and to find ways to resolve them legally. The research used scientific-theoretical, scientific-practical, comparative-legal research method, method of comparative-legal analysis, method of legal interpretation, logical and formal-logical research method, objective methods of analysis, etc.   The relevance of the topic under consideration lies in the fact that given the huge demand for MFC services in the country (up to 96% of the population coverage), the need for legal regulation of personal data protection, as well as other violations of the procedure for providing state and municipal services, sharply increases. The uncertainty of the legal status of MFC employees is a factor that prevents the legal determination of their responsibility within the framework of the law. The novelty of the study lies in the fact that current scientific research on similar topics has been analyzed, as well as in a new approach to the issue of administrative responsibility from the point of view of the special legal personality of an MFC employee. According to the results of the study, it was found that the legislation on administrative responsibility of MFC employees contains legal conflicts that prevent the appointment of a fair punishment to the subject due to the fact that within the same norm, the same punishment is imposed on subjects who take far from equal participation in the provision of state or municipal services.

DOI: 10.7256/2454-0595.2022.4.39081

EDN: IHYLJY

Abstract: The subject of the research is the methods of its analysis and optimization based on indicators developed in the field of regulatory administrative and legal regulation. A qualitative assessment of the optimization of legislation is shown by the example of the decree of the Governor of St. Petersburg dated 07.09.2015 No. 61-pg, which defines the main directions of public administration of socio-economic phenomena and processes in St. Petersburg. A comparison of the indicators approved by this resolution, which serve the purposes of socio-economic development and administrative and legal regulation, with statistical socio-economic indicators will demonstrate how optimal regulatory regulation is. This optimality is assessed by the compliance of normative indicators (goals) with the most significant ones (for migration flows in inner-city municipalities) statistical indicators identified on large data sets by machine learning methods. Machine learning on large data sets made it possible to identify two of the most significant indicators of them — the goals of socio-economic development and regulatory regulation (the costs of landscaping and the costs of holding local holidays and sporting events), as well as to identify a statistical indicator that is not recognized as a goal of territorial development (environmental protection costs). The results obtained made it possible to identify the most important areas of activity of higher levels of public authority corresponding to the significance of indicators for the migration flow: preschool and school education, healthcare for children and elderly citizens, creation of an accessible (comfortable) environment for them. The results obtained are of methodological importance, since they have the potential to use numerical statistical indicators, and can be useful for evaluating the optimization of regulation and legal (regulatory) policy. Machine learning based on big data in the social, demographic, economic and environmental fields can become an important tool for optimizing administrative legislation and public administration.

DOI: 10.7256/2454-0595.2022.4.39142

EDN: CIDDGN

Abstract: This article is devoted to the analysis of the quality of local legislation at the level of prefecture-level city with districts in the PRC. The author of the article analyzed in detail the existing problems of local legislation in China using statistical data from think tanks. Even though the People's Republic of China is a unitary state, the legislation in China has a multi-level system with the central government playing the dominant role. This is expressed in the right of state authorities, represented by people's congresses at various levels, to adopt normative legal acts within the framework specified in the Constitution of the PRC and the Law on Lawmaking. Even though the terms of reference of prefecture-level cities with districts are limited to the issues of ensuring the livelihoods of the local population, urban and rural construction, protecting the environment and ecology, there are certain problems and imperfections in their legislative activities. Some of these problems are systematic and require nationwide regulation, while the others are directly related to shortcomings in the activities of local authorities. Since the granting of powers of local legislation in 2015 to prefecture-level cities with districts, sufficient time has passed to assess their quality in terms of the legality, validity and expediency of the adopted regulatory legal acts, protection of the rights and interests of citizens and legal entities, proposed innovations. Within the framework of this position, the author assesses the quality of rule- making activity in prefecture-level cities with districts on the example of a sample of six cities, investigates the causes of existing problems and gives recommendations for their elimination and improvement of the legislative process.

DOI: 10.7256/2454-0595.2022.4.39233

EDN: MXNTDC

Abstract: Education provides opportunities for self-realization and development of talents, that is, ensures the achievement of the corresponding national development goal. Therefore, control over the quality of education should be brought to a new level, taking into account the concept of the ongoing reform of control and supervisory activities and information technology development. In this paper, the author, based on the historical-legal and formal-legal method, offers the author's approach to the periodization of the legal regulation of accreditation as a form of control over the quality of education. The author notes that the modern model of quality control of education is based on the assessment of the performance of accreditation indicators and is the result of the evolution of quality control of higher education in Russia. In general, the development of legal regulation of accreditation in the field of education includes, according to the author, 4 stages: "The formation of certification and accreditation as interrelated forms of control" (1987-2007); "Unification of certification and accreditation procedures" (2007-2010); "Improvement of state accreditation procedures. Introduction of accreditation expertise" (2010-2021); "Addition of state accreditation with accreditation monitoring tools" (2021–present). It is revealed that accreditation monitoring is becoming a new form of control activity, which is systematic. Additionally, within the framework of the conducted research, the author has developed some proposals for improving the legal regulation of accreditation monitoring.

DOI: 10.7256/2454-0595.2022.4.39217

EDN: QQBGCP

Abstract: The article is devoted to the study of the features of the legal regulation of the Institute of territorial defense at certain stages of the historical development of Russia. The object of the study is a comparison of conceptual approaches to determining the content of territorial defense, its organization and functioning. The subject of the study is a system of legal sources that, in certain historical periods, establish requirements for the organization, deployment and conduct of territorial defense, regulating the functions of military administration bodies, state authorities and local self-government bodies in the field of territorial defense. The scientific novelty of the presented work consists in the preparation of a comprehensive analysis of the nature of changes in views and approaches to the organization of territorial defense, the study of the evolution of the legal understanding of the institute of territorial defense, reflected in scientific works, based on the results of a comparison of documents of the military administration of the Soviet state and modern Russia. The solution of research tasks was made possible through the use of an appropriate system of methods, the basis of which is comparative legal, historical-legal and other methods of scientific cognition. Based on the analysis of the sources of military legislation, the author comes to the conclusion that in various historical conditions, the organizational and functional content of territorial defense differed, this differentiation was reflected in the legal documents of the military administration bodies.