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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 05/2023
Contents of Issue ¹ 05/2023
Administrative law, municipal law and the institutions of civil society
Goncharov V.V., Petrenko E.G., Cheshin A.V. - Regional operators and holders of special accounts as objects of public control in Russia pp. 1-13

DOI:
10.7256/2454-0595.2023.5.43409

EDN: HEXBCJ

Abstract: This article is devoted to the analysis of the need to organize and implement measures of public control over the activities, acts and decisions of regional operators and owners of special accounts. The paper examines the role and place of the institution of public control in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The necessity of including the activities, acts and decisions of regional operators and owners of special accounts that carry out work within the framework of the organization and functioning of capital repair funds in the Russian Federation into the objects of public control is substantiated. The article uses a number of methods of scientific research, in particular: analysis; synthesis; formal-logical; classification; comparative-legal; historical-legal; statistical; sociological, etc. The paper formalizes and explores the main problems that hinder the organization and implementation of public control measures in relation to the activities, acts and decisions of regional operators and owners of special accounts, due to the need for further development of legislation regulating both the institution of public control and the organization, as well as the activities of capital repair funds in Russia, regional operators and owners of special accounts. In this regard, the authors have developed and substantiated a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of the Russian Federation, the Housing Code of the Russian Federation, as well as legislation on public control in the Russian Federation.
Executive authorities and the civil society
Goncharov V.V. - Legality as a principle of public control in the Russian Federation pp. 14-24

DOI:
10.7256/2454-0595.2023.5.40460

EDN: RXOQUA

Abstract: The Institute of Public Control in the Russian Federation acts as the most important legal guarantee for the implementation, protection and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. At the same time, the organization and implementation of this institution of civil society in Russia is based on a number of legal principles – the basic, most general principles that determine the content and main directions of legal regulation of the institution of public control in the country. The article uses a number of methods of scientific research, in particular: comparative-legal; historical-legal; formal-logical; statistical; method of studying specific legal situations, etc. This article is devoted to legality as a principle of public control in the Russian Federation. The paper analyzes the concept of the above-mentioned principle, its content is investigated. The article formalizes and examines the main problems that prevent the consolidation, implementation, protection and protection of the principle of legality in the organization and activities of subjects of public control, and also develops and justifies a system of measures to resolve them, including by making appropriate amendments and additions to the legislation of the Russian Federation. This will not only strengthen this principle of public control, but also generally ensure the development of this most important institution of civil society in Russia.
Theory and science of administrative and municipal law
Shel'menkov V.N. - "Actual problems and the role of the Prosecutor's Office in the implementation of the human rights function related to the rights of minors to social security" pp. 25-37

DOI:
10.7256/2454-0595.2023.5.38867

EDN: WIJWKH

Abstract: In fulfillment of the State task, the protection of children is put first in the field of education, receiving free medical care, housing, etc. The task of protecting the rights of adolescents to social security is reflected in the guiding documents: the Declaration of the Rights of the Child and the Convention on the Rights of the Child, also in the Optional Protocol to the Convention on the Rights of the Child. Difficulties in the process of protecting the rights of minors arise due to imperfections of legislation, gaps in law, contradictions of federal and regional legislation. In this regard, the processes of formation and development of the institute for the protection of children's rights in Russian law, the definition and expansion of opportunities for prosecutorial control over the performance of duties to protect the rights of adolescents are very important. These factors determined the choice of the topic and its relevance.The object of the study is the rights of minors to social security. The subject of the study is the role of the Prosecutor's Office in the implementation of the human rights function for the observance of the protection of the rights of minors. The purpose of the study is to study theoretical issues, as well as practical proposals for improving legislation, which are aimed at improving the work of the prosecutor's office to protect the rights of adolescents to social security. The methodological basis of the research is a set of general scientific and private scientific methods of knowledge, specifically: observation, comparison, study and synthesis, induction and deduction. The practical significance of the scientific work lies in the fact that the results of the study can be applied in the practice of prosecutors to protect the rights of adolescents, in law-making work to improve legislation that regulates the issues of prosecutorial control over the performance of duties to protect the rights of adolescents.
Administrative law, municipal law and the institutions of civil society
Dzodzikov Z.U. - Constitutional rights and duties of youth: problems of implementation in Modern Russia pp. 38-52

DOI:
10.7256/2454-0595.2023.5.44175

EDN: ZAXXCK

Abstract: The subject of the research of this article is the analysis of the problems of the realization of the constitutional rights and duties of the younger generation in modern Russia. The object of the study is youth as a special social group. The author notes that young people play a key role in the development of any country, but face a number of barriers in the implementation of their constitutional legal status. The following groups of problems are considered. In the socio-economic sphere – difficulties with employment, obtaining housing, health protection. In the political and legal sphere, there is a low political activity of young people, obstacles to youth initiatives. Special attention is paid to the factors of legal nihilism and social passivity among young citizens. The paper emphasizes the complex of the problems under consideration. It is noted that the implementation of the constitutional status of youth in modern Russian conditions is becoming particularly relevant and of scientific and practical importance due to the reasons identified in the conclusions of this work. The conclusion is made about the need for a systematic youth policy that unites the efforts of authorities, civil society and the youth themselves. There is a significant probability of an increase in the risks of restrictions on the socio-economic rights of young people in the light of anti-Russian sanctions and a special military operation in Ukraine. The necessary task is to minimize the risks of destructive impact on the legal consciousness of young people, to improve education in order to strengthen patriotic education, legal culture.
Administrative and municipal law: business, economy, finance
Shkiperov A.A., Kallaur R.R., Kleimenova A.N. - Actual problems of legal regulation of innovations in the activities of a temporary storage warehouse pp. 53-66

DOI:
10.7256/2454-0595.2023.5.44205

EDN: TPKIAB

Abstract: The maximum possible acceleration, simplification and cheapening of all operations that make up foreign economic activity or accompanying it has always been one of the priority areas for the development of cross-border trade. Currently, in the context of a significant increase in the negative impact of political factors and, as a consequence, the complexity and reorientation of supply chains, the tendency to maximize the reduction of time, material and other costs on the way of goods movement is becoming most relevant for business structures. Meanwhile, the transformation of the economic activities of foreign trade participants at a certain stage creates prerequisites, and then – the objective need for a corresponding change in legal relations with administrative bodies, improvement of mechanisms of state control (supervision). In this case, problems naturally arise to ensure dynamic, organized and harmonious mutual development of administrative bodies and economic entities, their legal relations, as well as mechanisms of state regulation. Economic incentives that determine the directions of foreign economic activity development do not always correspond to the prevailing institutional and legal conditions of economic activity. In this regard, it is of particular importance to ensure the possibility of building a constructive dialogue between customs authorities and the business community.
Public and municipal service and the citizen
Girfanova A.R. - Labor adaptation and vocational training as areas of social support for participants in a special military operation pp. 67-79

DOI:
10.7256/2454-0595.2023.5.44197

EDN: IUWMWL

Abstract: The author consider aspects of measures of social support for combat invalids in the context of participation of citizens of the Russian Federation in a special military operation. The study pays special attention to the legal status of state civil servants of the Russian Federation who took part in a special military operation as part of conscription for military service on mobilization, as well as participation in volunteer formations. The author examines the novelties of domestic legal regulation in this and related fields. A number of scientific papers are also being considered, within the framework of which the effect of attracting veterans to civil service abroad is being investigated. Using comparative legal and formal legal methods, the author establishes the framework of current regulation and determines possible prospects for its development. Based on the conducted research, the author concludes that there is a need for an integrated approach to the labor adaptation of combat invalids and taking into account their merits and individual characteristics when forming the personnel of the public administration system in the Russian Federation. This article serves as a starting point for starting work on the study of the main areas of improvement of legal regulation in terms of determining the requirements and procedures of the mechanism for selecting the optimal position in order to maintain a balance between the public interests of society and the private interests of the employee.
Administrative law, municipal law and security
Volodchenkova V.V., Peregudova N.V., Kononko P.P., Gavryushenko V.P. - Assessment of the activities of local self-government bodies in the field of fire safety: current problems and ways to solve them pp. 80-92

DOI:
10.7256/2454-0595.2023.5.44118

EDN: JHLWGZ

Abstract: The object of the study is the powers of local self-government bodies. The subject of the study is an assessment of the effectiveness of the activities of local self-government bodies both in general and in the field of fire safety in municipalities. In the article, the central place is given to the issues of evaluating the activities of local self-government bodies as elements of the control system for the implementation of the powers assigned to them. The authors consider the legal principles of the organization of local self-government of the legislation of the Russian Federation regulating this subject area. Based on the methods of system analysis, the authors have identified a range of problematic issues that may arise when the supervisory authority evaluates the implementation by local self-government authorities of the ability to organize primary fire safety measures. The analysis of the provisions of the regulatory legal acts of the Russian Federation, which consolidate both the general powers of local self-government bodies and the list of powers in the field of fire safety, is carried out. The scientific research devoted to the assessment of local self-government bodies and improving the efficiency of their work is considered. The main conclusions of the study suggest that the studied materials do not take into account the indicators of ensuring primary fire safety measures, which increases the likelihood of formalization of the results and violations of the mechanism for improving the efficiency of the subjects of legal relations. There is no regulation of the list of measures that make up the implementation of such authority as ensuring primary fire safety measures in the system complex. The novelty of the research is to find a way to solve the problem of evaluating the activities of local governments in the field of fire safety in the territory of the municipality. A special contribution of the authors is the systematization of the powers of local self-government bodies on fire safety, taking into account the nature of the activities carried out, the definition of a list of criteria for evaluating activities, taking into account factors that can influence its provision, the search for methodological approaches to evaluation. The necessity of developing a methodology for assessing local self-government bodies in the field of fire safety is determined.
Administrative enforcement
Afonin V.V. - Some of the Issues of Preventing Offenses Involving Child Passengers pp. 93-100

DOI:
10.7256/2454-0595.2023.5.39058

EDN: JHYCCU

Abstract: The subject of the study is the administrative and legal norms regulating the basic rules of transportation of children in a car. The object of the study is public relations in the field of prevention of children's road traffic injuries. The purpose of the work was to analyze the current requirements and regulations in the field of transportation of children in a passenger car, identify current problems arising in this area and suggest ways to solve them. Methodological basis of the work: fundamental postulates of the theory of law; generalization of practical experience, application of methods of logical, monographic and system analysis. The author examines in detail such aspects of the topic as preserving the life and health of children-road users, reducing the level of road accidents involving them, as well as minimizing the severity of their consequences. Scope of application of the results: the provisions of the work can be used in the legislative activity of state bodies, law enforcement practice of state bodies directly engaged in the prevention of child traffic injuries, the educational process with any category of children and parents, scientific research of administrative scientists investigating issues of road safety. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement practice of state bodies involved in the prevention of child traffic injuries, as well as the need to improve the legal framework governing the powers of internal affairs bodies. The author proposes a comprehensive approach to solving this problem, starting with proposals to improve the complex of preventive measures aimed at reducing the number of road accidents involving child passengers and the severity of their consequences and ending with the author's proposal to improve the current administrative legislation in the field of road safety.
Administrative law, municipal law and human rights
Sekretaryov R.V. - On the controversial issues of the use of the term "sect" in legal acts (on the example of the Central Federal District legislation) pp. 101-112

DOI:
10.7256/2454-0595.2023.5.68718

EDN: JJTTFO

Abstract: The subject of the study is the use of the definition of "sect", which is absent in federal legislation, in relation to religious organizations registered in accordance with the established procedure in the legal acts of the Central Federal District. The object of the research is scientific articles by foreign and domestic scientists on the subject, legal acts of the Central Federal District. The author examines in detail modern scientific and theoretical research in the field of destructive religiosity and a vast array of legal acts in which the term "sect" is used. Particular attention is paid to hypothetical problems that can lead to broad discretion of subjects endowed with public powers when trying to introduce rather religious, sociological (and often just everyday) term "sect" into legal discourse. Methodological basis of the research: analysis, synthesis, formal-logical and comparative-legal methods in their systemic interrelation, as well as the consistent practical experience of the author of the article as a teacher of religious studies, and an employee of one of the executive authorities of Primorsky Krai. The main conclusions of the study are the statement of the unsatisfactory experience of the implementation of the term "sect" in the legal field of the subjects of the Russian Federation included in the Central Federal District; the formulation of recommendations to eliminate these shortcomings of legal regulation. The author's special contribution to the study of the applicable conceptual apparatus is that there are practically no similar studies in the scientific legal literature. Representatives of other humanities disciplines use this term as a matter of course, but their ideas are speculative, very poorly correlated with legal reality. In a state governed by the rule of law, it is hardly justified to arbitrarily label "sect" on various religious organizations, even relatively small ones.
Administrative law, municipal law and institutes of democracy
Kravchenko O.A. - Elections turnout as an expression of the will of the people to participate in the vote pp. 113-135

DOI:
10.7256/2454-0595.2023.5.43436

EDN: HFYZFF

Abstract: The subject of the study is the turnout of citizens to vote and the legal consequences associated with it. The problem lies in the different understanding of democracy, namely, what is meant by the majority of votes when making a political decision. There are three approaches: the decision should be considered adopted if the majority of citizens eligible to vote for it; the decision should be considered adopted if the majority of those who took part in the voting voted for it and at least fifty percent of citizens from the total number of citizens eligible to vote participated in the voting; the decision should be considered adopted if the majority of citizens who took part in the voting voted for and the percentage of citizens who voted out of the total number of citizens eligible to vote does not matter. The main conclusions of the study are: the electoral legislation distinguishes between two approaches to determining the turnout of citizens – the number of citizens who came to vote and the number of citizens who voted; the expression of will during voting can be active and silent (the silent expression of will of citizens, i.e. non-participation in voting, is not always indifferent, but can take into account the assessment of the political situation in the time of a particular vote); to determine the impact of the turnout of citizens on the reliability of determining the will of the people, first of all, it is necessary to distinguish between the actual and predicted turnout of citizens; by itself, the turnout of citizens does not affect the reliability of determining the will of the people (the reliability of determining the will of the people (the reliability of the will to make a political decision), as well as the turnout of citizens (the reliability of the will to participate in voting) is influenced by the conditions of voting, which must be guaranteed.
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF MIGRATION
Petrovskaya M.I. - The main problems of state management of forced migration in Russia: administrative and legal aspect pp. 136-145

DOI:
10.7256/2454-0595.2023.5.48473

EDN: HKIJAO

Abstract: The object of this work is the social relations developing in the field of forced migration. The subject of this work is social relations formed in connection with the implementation of public administration in the field of forced migration. The purpose of the work is to develop proposals and recommendations for improving the current legislation in the field of forced migration The methodology of the work is determined by the specifics of the issues under consideration. The methods of analysis and synthesis were used in the analysis of state-legal and social phenomena in the field of forced migration, statistical methods for establishing patterns and analyzing the dynamics of the development of state-legal institutions over time, deduction and induction, as well as formal legal methods in the formulation of conclusions and proposals. The main aim of the study is to identify the basic problems of public administration in the field of forced migration associated with the lack of signs of consistency in the activities of state bodies in the field of forced migration. In particular, this is manifested in the insufficient implementation of the functions of adaptation and integration of forced migrants. Attention is also paid to the complexity of administrative procedures and the declining social non-demand for refugee status. A special contribution of the author is a comprehensive consideration of the problems of forced migration both through the prism of state and public interests, and in the context of the interests of forced migrants. The novelty of the research lies in the analysis of forced migration processes through the prism of potential partnership relations between the state, society and forced migrants, focusing on the issues of social adaptation and integration of forced migrants as a necessary condition for their social integration and the prevention of crime in their environment.
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