DOI: 10.7256/2454-0595.2023.6.39881

EDN: RXXHFL

Abstract: This article is devoted to the analysis of problems and prospects of the organization and implementation of public control over the President of the Russian Federation. The subject of the analysis is the relevant provisions of Russian legislation devoted to the consolidation of the mechanism of organization and implementation of public control over the activities, acts and decisions of the head of state and the practice of their application. General and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal, etc. The author formalizes and analyzes the main problems that hinder the organization and implementation of public control over the President of the Russian Federation, and also develops and justifies a system of measures to resolve them. The issues of development and implementation of new forms, methods, types of public control measures in relation to the activities, acts and decisions of the head of state need further scientific understanding are revealed by the author of the article.

DOI: 10.7256/2454-0595.2023.6.39373

EDN: HKDIFW

Abstract: The article is devoted to the analysis of federal legislation in the field of strategic planning. During the analysis of legal regulation in this area, it was found that public authorities implement strategic planning documents within the framework of goal setting, forecasting, planning and programming, but this part of management activities is not actually covered by the current evaluation mechanism. Attention is drawn to the existence of a number of terminological contradictions contained in federal legislation that negatively affect the state of legal regulation in this area. Planning is defined by the federal legislator as an activity for the development and implementation of activities, activity plans aimed at achieving the goals and priorities contained in strategic planning documents developed within the framework of goal setting. That is, according to the meaning of the law, planning as such does not cover goal-setting, but at the same time includes the development and implementation of documents at the same time, which initially introduces a contradiction in the understanding of these terms. The study found that the current strategic planning system today does not take into account a number of amendments made to the Russian Constitution in 2020. In particular, we are talking about federal territories. It is established that federal legislation does not regulate the specifics of strategic planning in other territories where a special preferential regime is in effect. The law does not define the procedure for monitoring the implementation of strategic planning documents, which reduces the level of their legal effectiveness. In order to improve management activities, it is proposed to create a unified information and analytical portal for monitoring and evaluating the effectiveness of the implementation of strategic planning documents. Proposals and recommendations are made aimed at eliminating the existing contradictions and identified shortcomings of legal regulation in the field of strategic planning.

DOI: 10.7256/2454-0595.2023.6.68841

EDN: GQXQVV

Abstract: The author describes the concept of a disciplinary corruption offense, this issue is important from the point of view of the application of various disciplinary measures to counter corruption. The author notes that the importance of such a category as "corruption disciplinary offense" is predetermined by its functionality in determining methods of coercive influence for violation of anti-corruption legislation. Based on this, the paper formulates proposals on the need for legislative consolidation of such a category as "disciplinary corruption offense", as well as proposals for its differentiation. The paper notes that the problem of combating corruption is interdisciplinary in nature, in this regard, it is no coincidence that the legislation uses such a definition as "corruption offense", this position finds its support in the doctrine. The author identifies a corruption offense in the system, a disciplinary violation, which is the basis for dismissal due to loss of trust. The article considers such a category as dismissal due to loss of trust, this issue is important from the point of view of the application of various disciplinary measures used to combat corruption in the public service. The importance of such a category as dismissal due to loss of trust will be determined by its functionality in determining the optimal legal means of influence for committing disciplinary corruption offenses. Based on this, the paper formulates proposals concerning the definition of trust and distrust in the public service. The paper notes that the application of dismissal due to loss of trust should be an exceptional (rare) measure of disciplinary responsibility.

DOI: 10.7256/2454-0595.2023.6.68788

EDN: MQGQYB

Abstract: The article examines the features of financial control in the field of procurement of goods, works and services to meet state and municipal needs. The object of the study is the public relations that develop in connection with and regarding the implementation of financial control in the field of procurement. The subject of the study is the provisions of the current legislation on the contract system and financial legislation, in which the rules on the implementation of financial control in the field of procurement are enshrined. An additional subject of the study was materials from judicial practice and the results of published academic research. Within the framework of the article, based on theoretical concepts and general legislative provisions on financial control, on the one hand, and control in the field of procurement, on the other hand, the key types and forms of financial control directly in the field of procurement are identified. Based on the results of the study, conclusions are formulated that financial control in the field of procurement is characterized by organizational, functional and financial independence. At the same time, the system of financial control in the field of procurement includes: indirect and direct forms of financial control. In turn, direct financial control within the framework of the contract system includes two types: 1) current control - as part of the implementation of law enforcement functions for treasury services for the execution of budgets of the budget system of the Russian Federation; 2) subsequent control - within the framework of the system of internal state (municipal) financial control. The scientific novelty of the findings is determined by the author’s approach to systematization of key forms and types of financial control in the field of procurement.

DOI: 10.7256/2454-0595.2023.6.39697

EDN: MOSCSM

Abstract: The object of the study is social relations related to the protection of physical health and mental, moral and moral well-being of the individual. The subject of the study are the norms of administrative and criminal legislation establishing responsibility for beatings, materials of law enforcement practice of internal affairs bodies and the activities of courts of general jurisdiction in cases of this category. The authors consider in detail the features of objective signs of the legal composition of an administrative offense provided for in Article 6.1.1. of the Administrative Code of the Russian Federation. Modern approaches to understanding the physical and psychological security of the individual are investigated. Particular attention is paid to the procedure of actions of police officers in identifying, suppressing and documenting torts containing signs of beatings. The work used a set of general scientific methods of cognition (dialectical, systematic approach), as well as private scientific research methods, such as formal legal, statistical and sociological methods. The scientific novelty of the study lies in the concept proposed by the authors to determine the object of such an offense as beatings. Under the object of the considered tort, the authors propose to understand the totality of the legally protected rights of citizens to the psychological and physical integrity of the individual. A special contribution of the authors to the study of the topic is the proposed algorithmization of the actions of law enforcement officers in the course of law enforcement activities in cases of beatings.