Administrative and municipal law - rubric Administrative law, municipal law and the institutions of civil society

Abstract: Unlike commercial and government structures, volunteer organizations are not widely covered in the scientific literature. Volunteerism is examined from the perspective of the motivation of the participants, their value orientation, and the level of engagement in the voluntary activity. It is no coincidence that France was selected for this comparative research, as its similarities and differences are of particular importance for the results of the study. Legal regulation of the activity of Voluntary People's Detachment (Druzhina) in Russia has its own peculiarities, as well as borrowings from the foreign experience. The author compares the Russian and French legislation, taking into account that in the Russian language the words “volunteer” and “voluntary servant” are synonymous, but not identical, while the French language uses only the neutral word “volunteer”. France has no equivalent of the Voluntary People's Druzhina; however, it has the volunteer fire squads. Therefore, comparison is conducted by the legal status of domestic and foreign volunteers. It reveals in which country the legislator is more effective in encouraging the population to participate in volunteer activity, and namely maintenance of order.

Keywords: civic duty, police assistance brigade, workers’ and peasants’ armed formations, municipal militia, October revolution, protection of public order, legal regulation, few-country comparison, voluntary people’s squad, Volunteer

DOI: 10.7256/2454-0595.2023.5.43409

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.

Keywords: regional operator, owner, special account, democracy, subject, housing and communal services, capital repairs, Russian Federation, fund, public control

Abstract: in order to establish a civil society and a law-based state it is necessary to create an optimal model of collaboration between municipal authorities and local community through strategic planning. Issues of interaction between population and authorities are very important because their successful solution would lead to a good balance of interests. Local self-government can become an important form of realization of public power as long as the idea of self-government is clear for population and everyone finds his own way to participate in this process

Keywords: studies of law, collaboration, population, power, civil society, self-government, interaction, program, effectiveness, planning

Abstract: The article includes an attempt to define the mechanism of legal regulation of interaction of bars of advocates, advocates and municipal self-government bodies in the modern Russia. The author analyzes certain norms of Russian legislation on the issue, defines spheres of interaction of bars of advocates and advocates with the municipal units.

Keywords: mechanism, legal regulation, advocacy, municipal self-government, interaction, advocate, bar of advocates, law, jural state

Abstract: the article analyzes the results of a two-year anti-corruption policy project in Russia. The author concludes that it is impossible to effectively struggle with corruption without active participation of civil society institutions and realization of certain measures increasing effectiveness of public control over state bodies’ activities

Keywords: public, control, state, bodies, anti-corruption, measure, information, free access, civil

Abstract: the article considers the legal and organizational issues of prevention of violations of law by internal affairs bodies in cooperation with civil society institutions. It is noted that such cooperation raises certain problems which can be solved by adopting a certain law

Keywords: general public, citizens, institutions, violation, interaction, employee, non-staff worker, member of people’s guard, guard station of public peace, compulsion

DOI: 10.7256/2454-0595.2021.4.36658

Abstract: This article is dedicated to the institution of denunciation as a specific form of disclosure of illegal and unfair practices. For determination of the conceptual legal meaning of denunciation and its prospects for modern Russia as anti-corruption legal institution, this article coordinates the interdisciplinary scientific results of research on denunciation, analyzes and summarizes the international (UN, EU) and national (United States, Great Britain, South Korea, Brazil, China, Albania, Kazakhstan, and Ukraine) regulatory approaches towards denunciation, and similar forms of disclosure of offenses. The article reveals the current state of the Russian legislation in this sphere. The research employs the methods of dogmatic analysis, comparative-legal and systemic-analytical toolset. The author correlates denunciation and denunciator with such concepts as “denouncement”, “actio popularis”, “reporting party”, “informant” and “whistleblower”; determines the twelve characteristics of denunciation, which collectively define it as a special form of information disclosure. The conclusion is made that the variants of legal regulation of denunciation are built around or within such issues as the protection of denunciator, his interaction with the authorized entities and remuneration, as well as the conclusion on the absence of specific legal means in the current Russian legislation that ensure denunciation as the social institution. The author formulates recommendations on amending the labor, administrative, criminal and procedural legislation aimed at implementation of measures for protecting the denunciators.

Keywords: award, qui tam provision, civil control, whistleblower, disclosure, denunciation, anti-corruption, corruption, incentive, protection

DOI: 10.7256/2454-0595.2023.5.44175

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.

Keywords: civil society, legal education, state youth policy, social passivity, legal nihilism, socio-economic rights, political rights, youth, constitutional rights, law–governed state

DOI: 10.7256/2454-0595.2017.5.22402

Abstract: The paper studies the peculiarities of administrative status of non-profit organizations performing collective management of author's and associated rights. The research subject is the set of normative acts establishing the range of authorities of organizations performing collective management of author's and associated rights in the Russian Federation. The purpose of the research is the comparative analysis of administrative status of organizations, performing collective management of author's and associated rights, and public authorities responsible for administrative protection of intellectual property. The research methodology is based on dialectics, analysis, synthesis, deduction, the formal-logical method, the comparative-legal method and the method of intersectoral legal studies. The author concludes that the accredited organizations, performing collective management of author's and associated rights, according to their administrative status, are one of the subjects of administrative protection of intellectual property. Despite their non-state status, via accreditation, these organizations get functions, which in fact are public-law functions aimed at intellectual property protection. The author formulates the set of proposals about amending the legislation, which, in the author’s opinion, would improve the effectiveness of accredited organizations, responsible for collective management of intellectual and associated rights, and would help reduce the impact of corruptogenic factors on this sphere of activity.

Keywords: intellectual rights, intellectual property, non-profit organisations, accreditation, collective management, administrative protection, administrative status, exclusive rights, author's rights, associated rights

DOI: 10.7256/2454-0595.2020.5.32964

Abstract: Examination of the legal nature of social control is one of the key trends in its development, while maintaining a balance between democratic and humanistic values on the one hand, and requirements of imperative and authoritative-compulsory method of public administration on the other. The object of this research is the questions related to realization of social control in the Russian Federation. The subjects of this research became the public relations associated with the grounds and order of execution of social control in the Russian Federation. Research methodology contains the general scientific methods (of sociology, political science and logic) along with special legal methods, namely the methods of legal-systematic analysis. Current social processes are characterize by two oppositely directed trends: on one side, strengthening of the middle class, layer of business owners and self-employed citizens, development of the element of capitalism; while on other side – the complication of social life, demand for the new and more effective means of administrative control, which is reflected by epidemic situation in Russia. Therefore, the conducted assessment of development capacity of social control should consider its impact (which is not always positive) on the capabilities of public administration. An attempt is made to align the development of social control with the demand for improvement of administrative regimes.

Keywords: violation of legislation, mechanism of public control, subject of public control, objectives of public control, goals of public control, legal policy of control, legal nature of control, public control, sanctions, forms of implementation

DOI: 10.7256/2454-0595.2020.5.33016

Abstract: The object of this research is the social organizations with law enforcement focus. The subject of this research is the history of emergence and development of the institutions of social organizations with law enforcement focus. Comprehensive analysis of legal and organizational grounds in exercising citizens right to unionization is carried out. Application of the historical-legal method allowed viewing the conception, reorganization and termination of activity (at certain stage of development of the country), and then new development of social organizations with law enforcement focus. The formal-legal method was used for determination of legal status of the social institutions. Having legal confirmation, or at times emerging upon the initiative of citizens themselves due to inability of the local authorities to establish legal order, the population united for rendering assistance to the bodies of internal affairs with regards to public order maintenance. Taking diverse forms at different historical periods, social organizations with law enforcement focus continue to develop and improve, accumulating practical experience in counteracting criminality. The government, in turn, creates all essential legal conditions for voluntary participation of the citizens of the Russian Federation in public order maintenance. Direct participation in prevention of legal offences committed in public places, as well as holding preventative conversations with the wrongdoers, allows the population to broaden their knowledge in the field of law, as well give credibility to law enforcement authorities, which positively influences the formation of public opinion on the work of police overall.

Keywords: law enforcement, security stronghold, rural performer, population, law and order, Cossack society, national teams, policing, public places, offenses

DOI: 10.7256/2454-0595.2014.1.10305

DOI: 10.7256/2454-0595.2014.1.63952

Abstract: The article concerns the main forms of existence of the civil society institutions at the local level in the Mari El Republic. The author analyzes municipal legal acts, regulating their activities, pointing out the main shortcomings of the municipal legislation in part of legal regulation of civil society institutions. The author analyzes the specific features of the following forms of activities of civil society institutions in the Mari El Republic: the public associations, vigilance groups for the public order protection, public councils under the auspices of the municipal bodies, local and primary divisions of political parties. The article also refers to some problems in the sphere of information support of the activities of municipal bodies, noting the lack of legal regulation of electronic municipalities at the local level. In the process of analysis of municipal legislation the author offers specific legislative formulations and organizational events in order to improve the level of interaction between the civil society institutions and municipal bodies.

Keywords: legal regulation, civil society, form of existence, municipal self-government, municipal legal act, information support, electronic municipality, vigilance group, public council, youth parliament.

DOI: 10.7256/2454-0595.2015.1.14039

DOI: 10.7256/2454-0595.2015.1.66043

Abstract: The problem of normative legal acts improvement is urgent for every sphere of a modern law-making. It entirely concerns the regulation of Russian lending organizations. One of key ways of this problem solution is the enhancement of expertise of legal and normative acts projects. At the same time the types of normative legal acts expertise which are being used today, are solely the kinds of a state expertise. In relation to bank legislation, in our opinion, they should be supplemented with a very important institution of a public expertise. In this article the author uses the institutional approach to the analysis of a public expertise essence. Within the limits of this approach the author uses the methods of the comparative, structural, and system analysis. The author concludes that the most proficient institutes which are able to carry out the public expertise of normative legal acts in the bank sphere are the Civic Chamber of the Russian Federation and the Interregional Banking Board at the Council of Federation of the Russian Federation. The author formulates the set of proposals for development of the institute of pubic expertise of normative legal acts in the bank sphere.

Keywords: legal expertise, bank legislation, public expertise, the Central Bank, expertise mechanism, normative legal acts, lending organizations, subjects of economic activity, legal regulation, the quality of legal regulations.

DOI: 10.7256/2454-0595.2014.4.11370

DOI: 10.7256/2454-0595.2014.4.64191

Abstract: The object of studies in this article concerns nature of civil society as a self-organizing complicated social system, for which the development and quality transformation of elements (institutions) of this system causes new quality of the system itself according to the laws of synergy. If we suppose (within the Hegel interpretation) that the society includes the civil society institution plus state (generally interpreted), then everything, which is not state (its bodies, structures guaranteeing functioning of the state coercion mechanism, etc.) is civil society. And vice versa. What is not civil society is state. However, it is not the case in Russia. In our opinion there is now the third elements, which Hegel did not include into his formula by overly generalizing the construction in general. Everything outside the scope of state and civil society is a passive mass. Let us call it the “pre-level of civil society development”, which is mostly the object of state manipulation, and the state rules due to its silent consent. The author attempts to use scientific methods of synergy in order to provide an alternative to Hegel’s formula for distinguishing civil society and state, them being necessary complicated elements of a single social system, rather than two opposed systems differing in size. If one finds an antithesis to the Hegel’s formula (providing for the opposition between state and civil society as two opposing poles balancing each other in pursuit of harmony), the state shall be not a constituent element in a formula, but a result, a next stage of development of the self-organizing civil society as a dynamical system. The idea is imagined as an arithmetical progression, where the pre-level of the civil society is “mass”, the next level is civil society, which understands itself, develops and becomes more complicated, and the next level is the rule of law state as an ideal, which needs to be strived for. In this case the state becomes a result, and not an element in a formula. But such a formula should be more than just a simple sum of constituent element, but an arithmetical progression.

Keywords: rule of law state, civil society, social system, state government, administration, constitution, law, democracy, freedom, politics.

DOI: 10.7256/2454-0595.2015.5.15078

Abstract: The article is devoted to the study of the subjects of responsibility and the authorities of public associations in the sphere of state management. Special attention is paid to the analysis of the notion of “competence” of public associations in the sphere of state management and its components. The authors define the aims, goals, and functions of public associations. The authors suggest the classification of subjects of responsibility of public associations and outline the key spheres of their activities in the area of state management. The authors conclude that public associations are created in order to involve citizens in state management and to coordinate mutual interests of the society and the state. The methodology of the research is based on the provisions of dialectical materialism and the general methods of cognition – the system method, generalization and analysis of scientific, normative and practical materials, the methods of dialectical cognition. The novelty of the research lies in the study of competence of public associations participating in state management and its main elements: authorities, subjects of responsibility, aims, goals, and functions. The authors come to the conclusion about the absence of a single definition of a competence of public associations in the sphere of state management.

Keywords: society, public associations, state, competence, authorities, management, civil society, subjects of responsibility, administrative law, municipal law

DOI: 10.7256/2454-0595.2015.5.66448

Keywords: society, public associations, state, competence, authorities, management, civil society, subjects of responsibility, administrative law, municipal law

DOI: 10.7256/2454-0595.2015.8.16079

Abstract: Constitutional state can’t be imagined without the developed civil society and no one doubts the importance of cooperation between them for the purpose of developing the country. Civil society mainly consists of autonomous voluntary unions, and religious organizations are among them. The questions of cooperation between the state and religious organizations are especially important in the conditions of exacerbation of religious extremism and the processes of demoralization in our society. However, the development of this issue is impossible without a clear understanding of religious organizations’ status. The innovations of the Civil Code of the Russian Federation influence this status. This article is dedicated to the analysis of the amendments to the Civil Code of the Russian Federation and their influence on religious organizations’ status. The normative base of the research contains federal laws. The methodology of the research is based on general scientific methods (the logical, the systems, the comparative methods) and special scientific methods (interpretation of legal norms, the structural-functional and the comparative-legal method). The novelty of the research lies in the analysis and consideration of the novels of the Civil Code and their influence on the status of religious organizations in the Russian Federation. The author concludes that the approach of the legislation to the characteristic of a legal status of public and religious organizations is not uniform. The regulations amended to the Civil Code haven't concretized the status of religious organizations. Many issues haven't been solved.

Keywords: legislative novels, religious groups, state-confessional relations, legal entities, religious organizations, legal status, public associations, civil society, civil status, legislation improvement

DOI: 10.7256/2454-0595.2015.8.66807