Administrative and municipal law - rubric Issue of the day

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.

Keywords: strategic management, development prospects, public administration, legal nature, legal mechanism, socio-economic development, Strategic planning, executive branch, territorial development, State Council

DOI: 10.7256/2454-0595.2024.2.39873

Abstract: Coverage of the problem. This article is devoted to the constitutional and legal analysis of the problems and prospects for the development of the institute of public councils under federal executive authorities in the Russian Federation. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public councils under federal executive authorities in the Russian Federation and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, historical-legal. Results. The paper substantiates a system of measures to resolve these problems, which will ensure the further development of both the specified variety of subjects of public control and, in general, the institute of public control in the Russian Federation. Discussion. The issues of development and implementation of new forms and methods of functioning of public councils under federal executive authorities in the Russian Federation need further scientific understanding.

Keywords: constitutional-legal analysis, executive power, federal bodies, public councils, democracy, public control, institution, development, prospects, problems

DOI: 10.7256/2454-0595.2024.1.39878

Abstract: This article is devoted to the analysis of modern problems and prospects for the development of the institute of public control over representative bodies of local self-government in the Russian Federation. This topic is of particular relevance due to the fact that these public authorities are directly elected by the people. The subject of the analysis is the relevant provisions of the legislation of Russia devoted to the consolidation of the mechanism of organization and implementation of public control over the activities, acts and decisions of representative bodies of local self-government and the practice of their application. General and private scientific methods were used in the work, in particular, dialectical, logical, historical-legal, formal-legal, comparative-legal. The author examines the role and place of representative bodies of local self-government in the system of public authorities in the Russian Federation. The paper identifies and formalizes the main problems that hinder the organization and implementation of public control over representative bodies of local self-government in the Russian Federation, develops and justifies a system of measures for their optimal resolution. The issues of development in the scientific legal doctrine and introduction of new forms, methods, principles and types of public control measures in relation to representative bodies of local self-government in the Russian Federation need further scientific understanding.

Keywords: development prospects, problems, formation, powers, responsibility, local self-government, representative bodies, democracy, public control, Russian Federation

Abstract: The article considers the problems of modern advocacy as well as aspects of rendering qualified legal assistance to citizens held at detention facilities. The author notes that modern advocacy is most likely to be subject to a series of legislative resolutions

Keywords: advocacy, legal profession, protection, law, justice, suspect, accused, detention facility, qualified legal assistance

Abstract: The article studies the problems of countering stealing of mobile phones. It is noted that this crime is not so easily detected. The author of the article also analyzes the correlation between criminal and administrative responsibility for stealing mobiles.

Keywords: mobile telephones, stealing, petty stealing, responsibility, punishment, statistics, qualification, subject, guilt, corpus delicti, prevention, suppression, seizure, harm

Abstract: The author of the article analyzes the regulatory strategically oriented acts in the sphere of migration management. Based on the results of this analysis the author makes an attempt to describe the role and place of migration policy in an overall political structure of Russia with the purpose to improve its formation and implementation.

Keywords: regulation, migration, policy, demography, repatriation, legislation, development, strategy, conception, migrant, population

Abstract: The article studies the problems of interaction between state and civil institutions in the sphere of anti-corruption measures. It is noted that the law provides certain opportunities for citizens who are interested as well as for social organizations to participate in activities on fighting with corruption in bodies of authority and management.

Keywords: corruption, interaction, society, anti-corruption measures, risk, sphere, punishment, mean, information, coordination, participant, citizen

Abstract: The article studies the problem of crime in Moscow. The author of the article analyzes the reasons for violations of law and crime in a metropolitan city and pays attention at legal and organizational measures of fighting with crime in Moscow.

Keywords: violation of law, crime, countermeasure, prevention, suppression, interaction, denial, tendency, reason, characteristics, metropolitan city.

Abstract: the article views the issues related to formation of representative agencies of municipal districts. The author of the article describes peculiarities of formation of this kind of agency by the means of direct elections and delegation. The author also analyzes the norms of law regulating the forms of formation of representative agencies of municipal districts.

Keywords: formation, representative, agency, municipal, district, elections, delegation, self-government, deputy.

Abstract: The article analyzes the system of organization of a municipal unit as a public law entity. The author describes the essential elements of that system and studies the forms of independent municipal units. Special attention is paid at distinctions between a municipal unit and other types of a public territorial entity, in particular, administrative units.

Keywords: self-government, authority, public, municipal, bodies, administration, population, community, municipality, deputy, democracy.

Abstract: The author of this article discusses the issues related to anti-corruption measures and ways to fight corruption as well as analyzes the range of anti-corruption measures applied by the federal executive authorities and civil officials in the sphere of modernization of the economy.

Keywords: anti-corruption activities, modernization of the economy, federal executive authorities of the RF, civil officials, means of anti-corruption up-bringing.

Abstract: Corporate regulation of property relations in the sphere of electric power derives from public regulation which is conditioned by the dominating role of executive power, mostly the Russian Federation Ministry of Energy, in creating grounds for corporative activity of the Market Council. Executive authorities realize their public powers in the sphere of corporative administration by participating in the Market Council’s activities as a public representative. The Market Council carries out the corporative regulation of property relations in the sphere of electric energy in accordance with the Law on Electric Power Industry by the means of local law-making including establishing a standard form of agreement on joining the wholesale market and wholesale market regulations to the trade system. Therefore, property relations in the sphere of electric energy are regulated by the Market Council regulations on civil powers of possessing, operating and disposing. Thus, the Market Council indirectly participates in implementation of property powers by private entities.

Keywords: electric energy, corporate regulation, local law-making, supervisory powers, right of veto, property sanctions, wholesale market regulations, accession agreement, public representation.

Abstract: The article is devoted to the legal status of housing and utilities infrastructure in the system of municipal services. The author talks about the need in adopting the Federal law ‘On activity of local self-government authorities in the sphere of housing and utilities’. Implementation of the above mentioned law would give rise to development of the Russian Federation Code ‘Housing and Utilities’.

Keywords: local self-government, housing and utilities, problems of local significance, state institution, economic entity, right, population, delineation, authorities.

Abstract: The article analyzes the legal, organizational and economic problems of airplane accidents in the Russian Federation, describes the cause of such a great number of airplane crushes and views the challenges of an independent inquiry of the cause of an airplane accident and benefit payments.

Keywords: aviation, security, airplane, accident, catastrophe (crush), victim, inquiry, death, expertise, committee, Airoflot, airline company.

Abstract: A number of constituents of the Russian Federation have regular social and political events organized by the political parties and social organizations which are inclined to extremism in this way or another. These are the Dissenters Marches, Russian Marches, direct action which are given a demonstrative tone in order to attract as much attention of the society and mass media as possible.

Keywords: relations, confession, organization, extremism, youth, unions, mass, activities, responsibility, state institution.

Abstract: The article studies the legal and organizational issues of monitoring of law-enforcement activities in the sphere of anti-corruption policy. The author of the article describes methods of researches in the sphere of law enforcement and anti-corruption policy and makes certain suggestions on how to improve law enforcement methods in the sphere of anti-corruption policy.

Keywords: monitoring, law, doctrine, science, law enforcement, methodology, method, analysis, research, document, cogitation, corruption, risk, factor.

Abstract: The European Human Right Court has made the landmark decision with regard to the Nord-Ost case. The Court obliged Russia to conduct investigation on the matter of crime committed by officials. The legal environment has changed over the past 10 years. Fight against terrorism turned into counteraction. However, the level of terrorism has not decreased in Russia. This particular article discusses what the problem is and what should be done about it.

Keywords: terrorism, counter actions, fight, victim, attack, compensation, indemnification, responsibility, terrorist, court, law, moral damage, death, loss.

DOI: 10.7256/2454-0595.2013.1.62046

Abstract: Under the conditions of developing globalization processes, formation of international law policy is becoming one of the most topical and nettlesome issues. This particular article discusses certain challenges and risks and makes an attempt to define the role of Russia in these processes. As it is noted in the article, under the conditions of developing globalization processes the principle of the common legal framework as the system of international law policy of global relations is growing especially important. The other very important issue is the quality and speed of changing international law.

Keywords: globalization processes, sovereignty, common legal framework, European Court of Human Rights, protection, human, rights.

Abstract: The article studies the legal and economic issues of assessing the human life value. The author of the article also draws our attention at very important questions about injury of human life and health and suggests how to improve legislation in this sphere.

Keywords: life, equivalent, cost, economy, value, revenge, institution, market, situation, legislation, compensation, damage, harm.

Abstract: The article is devoted to the problems of providing road traffic safety as well as the problems of using special lights on high officials’ cars. It is shown that such cars create certain risk for road traffic and often cause road traffic accidents. Based on the author, in order to prevent traffic accidents it is necessary to severe legal responsibility for using warning lights and similar devices on high officials’ vehicles.

Keywords: violation of law, road traffic accident, responsibility, special subject, death, accident, catastrophe, car, investigation, participant, witness

Abstract: The article studies the question about legal status of property belonging to state (municipal) institutions. According to the author, the right of operative administration of an institution is just the way to express a peculiar proprietary right. The article gives proof of this thesis.

Keywords: property, state institution, owner, administration, property, agreement, order, right, operative administrationt.

Abstract: The article is devoted to the legal and organizational issues of counter actions against political extremism. The author of the article describes peculiarities of the political extremism and makes certain suggestions on how to improve the system of responsibility for political extremism.

Keywords: extremism, counter actions, responsibility, punishment, norm, xenophobia, nationalism, qualification, nationalist, fascism, court, code, separatism.

Abstract: The present article studies the condition and subject of prosecutor’s supervision over observance of legal acts by local self-government authorities in the sphere of use and protection of land. The author of the article establishes a range of issues which are to be solved when a legal act is being enforced. The author also suggests certain ways to improve the current supervision activity performed by the prosecutor.

Keywords: condition, subject, prosecutor, municipal legal acts, individual legal acts, land relations, self-government agencies, efficiency, organization.

Abstract: The article studies the legal and organizational issues of suppression of crime committed by foreign migrants. The author of the article also analyzes the criminal misbehavior of foreign citizens and stateless individuals in Moscow.

Keywords: migration, migrant, foreigner, immigration, service, criminal case, ineligible foreigner, deportation, exclusion, transference, motivation, worker.

Abstract: Exact implementation of land laws by the state authorities, local self-government authorities, their authorized persons and legal entities promotes efficient land use, soil conservation and improves the environment in general. Prosecution office of the Russian Federation plays an important role in the process. The given article studies objects of prosecutor’s supervision over implementation of land law in the Russian Federation through describing the main criteria of its limits. The author also suggests ways to improve both the land law and the Federal law ‘Concerning the Public Prosecution Office of the Russian Federation’ by making certain amendments and additions to them.

Keywords: subject, prosecutor, supervision limits, land law, objects of prosecutor’s supervision, federal executive authorities, management bodies of a legal entity, individual entrepreneurs, bankruptcy supervisors.

DOI: 10.7256/2454-0595.2018.2.26192

Abstract: 2014 - 2015 faced a new stage of the municipal reform that considerably improved the legal regulation of local self-government authorities. Over the past two years of execution of the municipal unit's right to set their own procedure for electing their leaders, regional authorities have gathered experience that needs to be thought over and analyzed. Based on the analysis of election of municipal units' leaders out of candidates presented by the competition commission in 2016 - 2017 in the Kirov Region, the authors of the article analyze diverse and contradictory experience of electing municipal units' leaders and describe reasons that prevent from an efficient use of the aforesaid institution. In the course of their research the authors have used such methods as historical, comparative law, formal law methods and logical methods such as analysis and synthesis. In conclusion, the authors state that, on the one hand, regional authorities are interested in creation of a certain mechanism for electing leaders that they can control, mostly, for regions and urban districts, and for the purpose of conducting economic and social transformations without actually taking into account the opinion of the population and representational body, and, on the other hand, opportunity of a constituent to define the way of electing a municipal unit's leader creates social tension and disrespect of the deputy because it in fact push them aside from participating in the higihest authorities of municipal units.

Keywords: municipal statutory acts, charter of a municipal uni, election in the result of competition, direct election, municipal units’ leaders, municipal elections, local issues, self-government, municipal lawmaking, authorities

DOI: 10.7256/2454-0595.2018.7.27145

Abstract: The article is devoted to a nettlesome issue of preservation and protection of biological diversity as one of the main targets of the government management. This is the issue that needs a complex interdisciplinary solution. The government should take whatever action is possible to preserve and efficiently use important biological resources, and to reinforce control over the right to use and results of fishery resources development. Vronskaya analyzes whether it is possible to efficiently use a civil institution of invalidation of transactions as one of the means of protection of biological resources. Taking into account special features of the Far Eastern district, the author of the article focuses on transactions that interfere with public interests in water biological resources. In her research Vronskaya has applied the following research methods: analysis and analogy, comparative law method (in particular, comparing legal provisions of the Russian Federation and the Commonwealth of Independent States regarding the time allowed for claims to invalidate a transation), induction (to analyze means of civil protection of biological resources), and formal logic. The novelty of the research is caused by the fact that the author studies efficiency of applying civil (private) mechanisms to ensure public interests in preservation of water resources. Based on the analysis of the judicial practice of arbitration courts, the author of the article outlines the gaps in the legal rlegulation of the institution of water resources development and offers relevant solutions, in particular making amendments to laws on preservation of water biological resources.

Keywords: the contract of using biological resources, legal responsibility, invalidity of transactions, transactions, preservation of water biological resources, aquatic biological resources, civil-law ways of protection, litigation, public interest, national security

DOI: 10.7256/2454-0595.2017.7.23696

Abstract: The research object is relations in the sphere of work of labour inspections. Russia has implemented one of the three existing conventions containing international labour standards regulating the work of labour inspections. Labour inspections can’t effectively fulfil international labour standards if they don’t study and apply subsidiary provisions related to the topical issues of today: regulation of migrants’ labour, gender discrimination, child labour exploitation including the worst its forms; struggle against HIV/AIDS; informal employment, etc. To acquire the most reliable scientific results, the author uses the set of general scientific (system-structural, formal-logical and hermeneutical approaches) and specific legal methods of cognition (comparative-legal and formal-legal methods). These methods are used as a whole. The analysis of Russian legislation allows the author to conclude about formalization and specification of international labour standards in the sphere under study. But in order to fulfill its duties, a labour inspection should take into account subsidiary sources of international law, which specify standards, contain information about successful foreign experience and the ways and methods of solving topical social problems. Until recently, labour inspectors had to control the observance of labour legislation only in the formal sector of the economy; however, the involvement of the great majority of population into informal economy, which is wide spread in developing countries or developed countries in the state of economic crisis, including Russia, causes the necessity to reconsider the existing approaches. In the context of the modern economy, labour inspections have to be more initiative in goal-setting and cooperation with employers and employees actively helping them to achieve these goals. Labour inspections have to be involved in elaboration and fulfillment of plans and campaigns and in the process of evaluation of the results achieved. Prevention has to be a priority instead of compensation. Current Russian legislation allows labour inspectors to combine the methods of consulting and coercion and use technical solutions, thus significantly broadening the standards established by the 1947 Labour Inspection Convention (No 81), involving all the interested parties (entrepreneurs’ organizations and employees) into the process of social dialogue.

Keywords: child labour monitoring, trade union, employer, employment, ILO, human rights, child labour, labour inspection, culture of prevention, informal economics

DOI: 10.7256/2454-0595.2018.3.26389

Abstract: The subject of this research article is the standards of the legal regulation of anti-corruption expertise of local corporate acts and their drafts as well as the practical implementation of the aforesaid standards. The aim of the research is to evaluate legal requirements from the point of view of mandatory implementation of anti-corruption expertise at enterprises, to define the most important problems that may arise in the process of executing these legal standards, and to offer ways to improve the legal regulation. In her article Tolstikova analyzes what usually causes non-performance of legal requirements to carry out anti-corruption expertise of local corporate acts as well as offers measures aimed at prevention of corruption. The research is based on such research methods as analysis, synthesis, deduction and comparison. In the course of writing her article the author has also applied the formal law and structured logic methods. The scientific novelty of the research is caused by the conclusions made by the author as a result of the research. Based on the analysis of existing legal basis, judicial practice and scientific approaches offered by the theory of law, the author of the article concludes that anti-corruption expertise of local corporate acts should be deemed mandatory. However, this is still an understudied issue today which is caused by the fact that there are no clear definitions and relevant guidelines and control.

Keywords: measures to prevent corruption, prevention of corruption, organization, signs of normative act, draft local act, local normative act, corporate act, normative legal act, anti-corruption examination, corruptogenic factor

DOI: 10.7256/2454-0595.2017.9.24118

Abstract: The research subject is the practice of engagement of specialists by a prosecutor during verification of performance of a law, which is gaining new features in the current context. The author analyzes a wide range of secondary and primary sources reflecting the emergence and development of such a practice during the Soviet and the post-Soviet periods; the article considers the practice and the dynamics of legal regulation during the last 35 years since formation. The author studies scientific approaches to the issue under study. The author uses various research methods including the comparative-legal method in terms of the historically changing tendencies of legal regulation. The scientific novelty of the study consists in the fact that the author studies the practice of engagement of specialists for prosecutor’s supervision, which has existed for a comparatively long period of time since its formalization in 1979 till the changes of 2017. The author concludes that this problem hasn’t been studied sufficiently enough during the post-Soviet period, therefore it should be considered in detail.

Keywords: results of investigation, prosecutor's supervision, prosecutor's investigation, prosecutor, general supervision, performance of laws, expert opinion, specialist, special knowledge, prosecutor's request

DOI: 10.7256/2454-0595.2022.1.37513

Abstract: The subject of this article is the study of a new stage in the development of state policy in the field of strategic planning. The object of the study was the social relations developing in the sphere of strategic planning implementation in Russia and its regulatory and legal regulation.Methods of synthesis and analysis of literary and documentary sources, classification, generalization, formal legal method were used to write the article. Particular attention is paid to the innovations of regulatory regulation caused by the publication of Decree of the President of the Russian Federation No. 633 "Fundamentals of state policy in the field of strategic planning in the Russian Federation". The relevance of the study is due to the fact that despite the adoption of Federal Law No. 172-FZ on strategic planning 7 years ago, it is not necessary to say that such planning has reached the necessary qualitative level that ensures the effective functioning of the public administration system in the country - it is no coincidence that the issues of the formation of the practice of strategic planning are constantly in the focus of management states. The article provides a comparative analysis of new initiatives and their impact on the practice of public administration. The trends and patterns of strategic planning are analyzed. The approaches of specialists in relation to the legal aspects of planning are presented. The shortcomings of the legal framework of Russian legislation in the field of strategic planning are noted. The system of documents forming the basis for the application of this method is considered, and an opinion is expressed on the prospect of developing a mechanism for coordinating and controlling strategic planning documents. It is concluded that "The fundamentals of state policy in the field of strategic planning ..." They should be supplemented with a Plan for their implementation with a list of necessary regulatory legal and methodological documents that disclose specific aspects and procedures for their impact on the strategic planning system across the country and its regions. It is advisable to approve a number of provisions of the Decree as additions to Federal Law No. 172-FZ.

Keywords: Public services, Administrative and legal mechanism, Socio-economic development, Administrative powers, Government, Management problems, Administrative reform, National development goals, Public administration, Strategic planning

DOI: 10.7256/2454-0595.2017.3.22311

Abstract: The article considers the main principle of work of local governments in Spain – the autonomy principle formalized in the 1978 Constitution. The autonomy principle, whose concept has been developing by the theory of law and the law enforcement practice for almost 40 years, has significant impact on the character of interrelations of local authorities with public and regional authorities. Since interaction of local authorities and public and regional authorities is one of the key issues of local self-government, it seems necessary to define the key elements of the local autonomy principle, its characteristics and peculiarities. The author attempts at defining the idea of the local autonomy principle on the base of the analysis of statutory instruments, first of all, the provisions of the Constitution of Spain, the legal positions of the Constitutional Court of Spain, and the legal doctrine. Local self-government of Spain hasn’t been studied sufficiently enough in Russia. Taking into account the fact that Spain had started the formation of a new local self-government system, as did Russia a few years later, its experience in this sphere could be very important for the development of local self-government in Russia. Since the work of local authorities in Spain is based on the autonomy principle, the study of its concept could be important for the development of the science of local law, and the legislation on local self-government.

Keywords: administrative autonomy, financial sufficiency, Spain, institutional guarantee , interaction, local authorities, Autonomy, political autonomy, local autonomy, local interest

DOI: 10.7256/2454-0595.2023.3.39872

Abstract: Coverage of the problem. This article is devoted to the analysis of problems and prospects of interaction of subjects of public and state control in the Russian Federation. The relevance of this topic is due to the fact that the effectiveness and efficiency of the institute of public control largely depends on the level of interaction of the above-mentioned subjects. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation devoted to the consolidation of the mechanism of interaction between subjects of public and state control and the practice of their application in our country. The article uses general and private scientific methods, in particular: dialectical, logical, functional, formal-legal, comparative-legal, etc. Results. The article develops and substantiates a system of measures to resolve them, including by making appropriate amendments and additions both to the legislation on public control and to regulatory legal acts regulating the organization and activities of subjects of state control. This will allow, on the one hand, to carry out further development of the institution of public control, and on the other hand, to increase the efficiency of interaction of their subjects with state control bodies. Discussion. The issues of developing and introducing new forms and methods of interaction between subjects of public and state control in Russia need further scientific understanding.

Keywords: rights, legality, democracy, interaction, prospects, problems, Russian Federation, state control, public control, freedoms

DOI: 10.7256/2454-0595.2023.1.39288

Abstract: The article examines the reasons for the singularity of the nature of the protection of the business reputation of public entities, authorities of the Russian Federation, largely due to the specifics of the legal personality of these legal entities, as well as the historically established approach to the issue of compensation for damage caused to the business reputation of public subjects of law. The subject of the work is methods, procedural algorithms for protecting the business reputation of public entities, authorities, considered, among other things, for the objective assessment of relevant proposals for the creation of an appropriate regulatory framework and analysis of counter-interests of the legal community and business, ensuring at the same time effective and fair functioning of the institute of civil rights and freedoms. The purpose of the study is to formulate proposals for the development of regulations and parameters of legal regulation of methods, mechanisms for protecting the business reputation of public entities; to develop recommendations for amendments to a number of regulatory legal acts aimed at overcoming legal entropy in the absence of named permissible methods and procedural protection algorithms. The early examples of legal norms regulating the business reputation of the Russian state and its representatives are analyzed; Soviet and modern regulatory framework, judicial doctrine, law enforcement practice, including international one, on this issue. The evidence base has been collected and provided, indicating the existence of the powers and the need for domestic public entities to protect their business reputation in a civil order. Modern sources of reputational harm are investigated; proposals are formulated to modify the current legislation and the permissible degree of reception of international legal norms; decriminalization of approaches to protect the reputation of authorities and expanded application of civil legislation in matters of compensation for losses caused to public entities as a result of damage to business reputation, including by their officials, representatives.

Keywords: sanctions procedure, defamation suit, reputational risk, compliance, legal capacity of public entities, representative of a legal entity, tort responsibility, defamation, public entities, business reputation

DOI: 10.7256/2454-0595.2023.3.39966

Abstract: In the process of implementing public administration, the implementation of the provisions of the current legislation on strategic planning has an essential role and significance. Effective provision of the latter makes it possible to achieve short-term, medium-term, long-term goals and objectives formed at the state, regional and municipal levels. The subject of this study is strategic planning documents in the context of their application as management acts. The purpose of the work was to conduct a study of the features of strategic planning documents as management acts, identify existing problems in the array of strategic planning documents, as well as identify priority areas for improving the mechanism of legal regulation of strategic planning in the Russian Federation. To achieve the goal, the provisions of the current legislation and the positions that have developed in the legal doctrine with the use of general and special methods of scientific research are considered. A comprehensive analysis of existing approaches allowed us to draw a number of conclusions regarding the legal nature of strategic planning documents as acts of public administration, to identify a number of characteristic features for them. Proposals are formulated regarding the place of strategic planning documents in the system of public administration acts and the prospect of further development of legislation on strategic planning, as well as priority areas for further scientific research of this legal phenomenon. The data obtained can be used in the process of theoretical understanding of topical issues of strategic planning and practical activities to improve legal regulation in terms of the application of strategic planning documents.

Keywords: executive governance, legislation, legal mechanism, state goal-setting, administrative and legal regulation, strategic planning documents, strategic planning, management acts, public administration, administrative and legal mechanism

DOI: 10.7256/2454-0595.2023.1.39867

Abstract: This article is devoted to the constitutional and legal analysis of the peculiarities of the organization and implementation of public control in the border regions of the Russian Federation. This is of particular importance in an unstable international situation. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public control in border regions in the Russian Federation, as well as the practice of their application. The author uses general and private scientific methods - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal and a number of other methods. The paper substantiates the role of this institution of civil society 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 author explores the main problems hindering the optimal organization and implementation of public control in the border regions of the Russian Federation. The article develops and substantiates a system of measures to resolve the above-mentioned problems in order to strengthen the institution of public control. The issues of development and implementation of new principles, methods, forms and types of public control measures in the border regions of the Russian Federation need further scientific understanding.

Keywords: state secrecy, constitutional-legal analysis, Russian Federation, border territories, democracy, public control, implementation, organization, restrictions, development prospects

DOI: 10.7256/2454-0595.2016.7.19590

Abstract: Based on the analysis of the provisions of the Federal law “On the fundamentals of offences prevention system in the Russian Federation”, the author reveals the legal status of prosecution agencies in the system of offences prevention. In the author’s opinion, this statutory instrument, on the one hand, contains the provisions designed for establishing the prosecutors’ role in the preventive work; on the other hand, the related provisions can hardly be considered as concrete and correct ones, due to the referenced mechanism built in it by the legislator. The author applies the method of comparison of the provisions of the considered law with the provisions of the federal law “On the Prosecutor’s Office of the Russian Federation”. The author concludes that, despite the existing set of provisions in the federal law “On the fundamentals of offences prevention in the Russian Federation”, devoted to prosecution agencies, their direct role is limited to the supervision over the observance of laws by the subject of preventive activities.

Keywords: types of preventive activities, legal education, prosecutor's supervision, Prosecutors office, subjects of preventive activities, prevention system, offences prevention, prosecutor's response act, warning, preventive conversation

DOI: 10.7256/2454-0595.2016.7.67953

Keywords: types of preventive activities, legal education, Prosecutors office, subjects of preventive activities, prevention system, offences prevention, warning, preventive conversation

DOI: 10.7256/2454-0595.2014.7.12246

DOI: 10.7256/2454-0595.2014.7.65184

Abstract: The Russian higher education institution face a problem of introduction of innovations in the conditions of the forming innovative type of economics, since such innovations are capable of making the higher education institutions more competitive and forming of the national competitiveness. The modern education system is constantly being reformed and renewed lately. At least, there is a lot of taking and writing about it. The agenda involves destruction of both technical education and the education in the sphere of humanities and the crisis is obvious. The linear and sometimes spasmodic reform of higher education in Russia is supposed to bring the positive results in the end. However, its random character, lack of expert basis in the cases of uniting various higher education institutions for the formation of federal, national or research university cause problems, since this classification lacks sufficient basis and it is not likely to bring constructive results. In the course of scientific study of the problem of formation of the cluster system of higher education in Russia today the authors used modern general and special scientific cognition methods, namely: analysis, synthesis, systemic, sociological, historic legal, axiomatic methods, methods of comparative legal studies, document analysis, etc. Their application in combination with the latest achievements of the legal, philosophical, political and sociological thought has allowed the authors to reveal and analyze social and legal nature of the institution of education being part of culture, and also to find out the main directions of the modernization of the higher education institution in the Russian Federation. The nature of the offered reforms is the formation of the cluster system of higher technical education in Russia. Generally the enlargement of higher education institutions should be approved, however, this process needs to be corrected. The higher education institutions should be formed within cluster systems, where enlarged specialized higher education institutions should become parts of united technological project within the framework of innovative economy for the purpose of uniting all of the stages of scientific cognition and production, such as a) growing the knowledge base and guaranteeing the global level of scientific research and studies in the sphere of break-through technologies by development of university as a research center implementing efficient integration of education and scientific research; b) writing specific educational programs, on which the education of future professional shall be based, as well and organizing the dialog with the key employers, including polling, holding seminars, conferences and expert group meetings; c) reproduction of highly professional cadres (for specific types of production and specific workplaces), which would provide for the formation and distribution of competitive technologies. It seems that the analogous system of cluster higher education institutions may be used for teaching in the agricultural sector. For example, there may be formed agricultural higher education institutions specialized in plant production, food industry, cattle breeding, milk-and-meat industry, textile higher education institutions for the apparel industry, and leather shoes and apparel industry. All of the said higher education institutions may be formed for the same purpose, for which the mining and metallurgy academies are formed. At the same time it may be possible to preserve precious elements in the higher education institutions: their scientific and teaching potential, that is, the scientific schools, which formed for many decades and which are efficiently working thanks to their basis.

Keywords: education cluster, higher education, cluster reform, research university, higher technical education, education reform, national university, higher technical education, education reform, national university, mining university, agricultural higher education institution, innovations in education.

DOI: 10.7256/2454-0595.2014.8.10835

DOI: 10.7256/2454-0595.2014.8.65283

Abstract: The object of studies involves the norms of the Federal Law “On Prosecution of the Russian Federation”, provisions of departmental organizational document of the Prosecutor-General of the Russian Federation, legal practice and positions of scientists regarding application of the prosecutor warning on inacceptable violations of law as means of prosecutor reaction. The author analyzes various points of view on the basic characteristics revealing the legal nature of this type of act, he studies legal practice, including the practice outside the scope of direct legislative regulation, showing the defects in the legal regulation and offering the possible solutions. The position presented in this article was based upon the methods of analysis of legal practice and positions of scholars, as well as comparative legal method. The scientific novelty of the study is due to an attempt to understand and generalize the practical experience in cases of prosecutors sending officials written warning on inacceptable violations of law, it also allowed to bring together the positions of scholars mentioning this type of prosecutor reaction measures in their works. As a conclusion the author offers to introduce certain amendments into the current legislation, as well as expressing opinion on the need for legislative provisions for some efficient practical mechanisms of implementation of the said activities.

Keywords: prosecution, prosecutor, prosecutor supervision, sphere of supervision, competence of a prosecutor, warning, act of reaction, official, violation of law, prevention of violations.

DOI: 10.7256/2454-0595.2014.9.11949

DOI: 10.7256/2454-0595.2014.9.65458

Abstract: The object of studies in this article involves administrative legal relations in the sphere of public veterinary administration. The Republic of Crimea and Sevastopol jointed the Russian Federation, and the Russian legislation applies to these constituent subjects of the Russian Federation. Russian government bodies and services are formed, including those in the sphere of veterinary services, while existing ones were responsible to Kyiv. The article discusses topical issues of formation of the new state veterinary service bodies, and some differences in the sphere of public veterinary administration in Ukraine and in Russia. The study involves general scientific methods: dialectic, historical, analysis, synthesis, deduction, historical legal method, comparative legal method, systemic structural method together with the systemic analysis. The scientific novelty of the article is due to the fact that it for the first time presents analysis of the differences between the veterinary bodies with special competence in Ukraine and in Russia. From this standpoint the author studies the Ukrainian normative legal basis and its differences from the Russian legislation. The article also discusses the problems, which the Russian government bodies may face in the Crimea, as well as some positive aspects of the normative legal guarantees of the state veterinary service in Ukraine, which could be used in future.