Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

Abstract:

DOI: 10.7256/2454-0595.2013.4.7814

Abstract:

Abstract:

Abstract: Key words: local government, Tuva, legal, regulation, reform, municipal, organizations, law. Abstract: the article is devoted to the topic of development of legal regulation in the Republic of Tuva as a part of implementation of the Federal Law # 131-FL.

DOI: 10.7256/2454-0595.2013.7.9052

Abstract:

DOI: 10.7256/2454-0595.2019.1.28756

Abstract: The subject of the research is the works of Russian experts in municipal law, Russian laws and regulations governing the procedure for disseminating information on the rule-making activities of local governments in electronic form as well as the practice of state authorities and local authorities on ensuring access of citizens and other interested parties to the system of municipal legal acts of the respective municipality. The authors pay special attention to the consideration of criteria for the classification of municipal legal acts in order to create an applied rubricator for their convenient storage and efficient search. The methodological basis of the study includes universal methods of dialectical materialism as well as system-structural, formal-logical, comparative-legal and other methods. Based on the results of the study, the authors came to the conclusion that at the legislative level it is necessary to establish requirements for the form and structure of representation on the official websites of local governments of municipal legal acts in terms of ensuring the search for an act according to various criteria. One of the promising areas of ensuring the accessibility of the entire system of municipal legal acts is the development of a thematic heading of municipal legal acts adapted for the needs of municipal lawmaking and law enforcement practice including the “powers of local governments established by law”.

Keywords: openness, information system, legal information, subject of municipal law, local government, local issues, municipal legal act, rubricator, availability, transparency

DOI: 10.7256/2454-0595.2019.3.29524

Abstract: In this article Malinenko carries out research that contributes to the reinforcement of local government based on the analysis of constitutions and regulations of the Russian Federation constituents. The subject of the research is the legal norms and provisions set forth by the Constitution of the Russian Federation, constitutions and regulations of the Russian Federation constituents, and their practical implementation. The object of the research is the social relations arising in the process of unification of constitutions and regulations of the Russian Federation constituents as well as Constitution of the Russian Federation in local government matters. The aim of the research is to analyze legal provisions that regulate local government in the Russian Federation. The methodological basis of the research includes general research methods, special attention is being paid to the dialectical method of analysis of state legal and social phenomena. The researcher has applied general research methods as well as formal law and comparative law methods. The result of the research is the classification of constitutions and regulations of the Russian Federation constituents that contribute to the development of local government trends. The novelty of the research is caused by the classification of constitutions and regulations of the Russian Federation constituents as well as emphasis on the need to unify these constituents and regulations regarding local government. According to the author, the classificaiton offered may contribute to the development of municipal units in practice and provide tools of efficient development of municipal units including advanced development territories in the theory of constitutional law. 

Keywords: systematization, Russian Federation, subject, articles of association, constitutional, local government, trends, development, municipality, territory

DOI: 10.7256/2454-0595.2018.10.23914

Abstract: Affiliation of the Republic of Crimea into the Russian Federation creates the need to issue a great number of legal acts that do not only regulate new social relations but also harmonize them to the preceding legislative acts adopted before March 21, 2014. Law-making processes of local self-government play an important role here due to the need in the efficient performance of public authority and fast solutions of the local issues. The subject of the research is the areas of concern of the local self-government in the Republic of Crimea during the process of municipal law-making. In the course of writing his article Umerov has used the following methods: analysis and synthesis, systems approach, formal law method, and statistical method. The actors of the municipal law-making process in the Republic of Crimea faces the need not only to make prompt decisions but also to make fast changes in applicable legislation in order to ensure the full regulation of social relations. For this reason, improvement of the municipal law-making process in the Republic of Crimea is especially important and necessary under the conditions of integration into the legal environment of the Russian Federation. 

Keywords: local self-government, public authority, social relations, municipal unit, regulatory legal act, legislation, legal regulation, democracy, Republic of Crimea, municipal law-making

DOI: 10.7256/2454-0595.2020.1.30643

Abstract: The subject of this article is the current legislation of the Russian Federation pertaining to establishment and potential implementation of the norms on the functions of protection of public order by the municipal authorities. Based on the conducted analysis, the authors determine problematic issues in legal regulation of application of these norms, explore foreign experience in the sphere of protection of public order, and consider the prospects for application of this experience in the Russian Federation. The main conclusions of the study consist in proposals on creation of an independent institution of municipal police, prospects for further work within the framework of development of the project of Federal Law “On Municipal Police in the Russian Federation”, taking into account delineation of authority of municipal police and the centralized apparatus of police sub-branches of internal affairs departments; complete transfer of the police patrol functions to the municipal authorities on protection of public order; formation of the mechanism of interaction between the internal affairs authorities and municipal police. The original conclusions made in this research are aimed at helping in preparation of the normative legal framework pertaining to legal position and organization of the work of municipal authorities on protection of public order, as well as formation of the mechanism of interaction between the internal affairs authorities and municipal police.

Keywords: internal affairs bodies, interaction, law enforcement, public order, local government, constitutional provisions, government, state, legislation, power of authority

DOI: 10.7256/2454-0595.2014.3.64090

Abstract: The article provides for the existing scientific legal approaches towards the definition of “legal regime”, allowing for the formation of an unified definition. The author studies the etymology of the term “regime”, its evolution from the formation of this category in the works of the philosophers of the Antiquity to its further development in the works of foreign and Russian scientists. The author establishes and provides characteristics of the specific elements of the legal regime: obligatory normative legal provision; specific goal, special procedure of regulation; formation of favorable (non-favorable) conditions for the realization of the interests of the legal subjects; systemic and complex character; specific structure of legal regime. In the process of studies the author used general scientific means and methods of logical cognition (analysis, synthesis, abstraction, modeling, systemic structural, functional and formal logical approaches). The complex theoretical and a applied interdisciplinary approach towards the studies of legal regimes required the need for the systemic method, and within its framework the author implemented integration of the theoretical abstract provisions enshrined in the current legislation, empirical materials, legislative and lawenforcement practices. This article is of general theoretical conceptual character, it is a complex interdisciplinary study, which is aimed at the development of the general theory of legal regime and at the improvement of its efficiency. In the process of writing this article the author provides comparative analysis of scientific approaches towards understanding of nature and contents of the “legal regime” category, and based on the above the author develops and provides an unified definition of a legal regime, then she singles out and characterizes the specific features, allowing for the interpretation of the legal regime as an independent legal category.

Keywords: regime, legal regime, definition of legal regime, characteristic features of legal regime, goal of the legal regime, structure of legal regime, legal means, procedure of legal regulation, permissions, prohibitions.

DOI: 10.7256/2454-0595.2014.6.11568

Abstract:

DOI: 10.7256/2454-0595.2014.6.64976

Abstract: The article regards populated territory as an obligatory element (characteristic feature) of a municipal entity, and any public law entity. Within the framework of this research the populate territory of a municipal entity is studied as territorial limits to the jurisdiction of the municipal entity structures. The author compares quantity characteristics of states, constituent subjects of a federation and municipal entities (municipalities). The author discusses the means of providing for the boundaries (limits) to the municipal entities in the legislation of the constituent subjects of the Russian Federation, studying the improvement of the legal regulation of municipal territorial formation of the constituent subjects of the Russian Federation within the context of social, economic and budget systems of the state. The article includes analysis of a municipal entity as a type of public law entity. Territory of a municipal entity is studied as a legal matter. In the opinion of the author the problem of lack of owned resources in most municipal entities may not be resolved solely by the improvement of legal regulation of municipal territorial structure of the constituent subject of the Russian Federation, since these problems have appeared out of contradictions within the general social, economic and budget systems of the state.

Keywords: municipal law, local self-administration, municipal entity, boundaries of a municipal entity, territory of a municipal entity, municipal territorial structure, laws of the constituent subjects of the Russian Federation, public law entity, populated territory, resources of a municipal entity.

DOI: 10.7256/2454-0595.2016.10.20309

Abstract: The article considers the ideals and the legal aspects of the technologies, used in public hearings, which are the contemporary form of Russian municipal deliberative democracy. The author studies the state of conceptual, historical and legal grounds of public hearings as a form of an institutionalized dialogue, rational discourse, discussion, persuasion, argumentation and compromises between municipal authorities and local communities. Taking into account the practice of public hearings in different Russia’s municipalities, the author considers the corresponding basic ideas and problems of their organization; studies the legal aspects of technical problems, which can appear during public hearings; offers the ways to improve this public institution and forecasts the priority directions of its development. The study is carried out within the scientific project No 16-03-50015 of Russian Fund for the Humanities. The author derives from the presumption that the functioning of deliberative democracy should be based on the fundamental principles of the thousand-year practice of Russian social institutions. The author analyzes the logics and patterns of their development and the historical forms of Russian deliberative democracy (Veche, Kopa, Krug (meeting), zemsky sobor), which had been based on common principles of organization and realization. Based on the results of this analysis, the author attempts at analyzing their closest modern analog and formulating the proposals about the improvement of the current statutory framework of public hearings. The author outlines the following practical recommendations: It is necessary to extend the variations of forms of public hearings It might be reasonable to legislate the grounds for the refusal of public hearings organization It is necessary to regulate the grounds for second public hearings on the same question It might be reasonable to limit the representation of municipal and public officers in public hearings commissions It is necessary to distinguish between the concepts of the right to participate in public hearings and the right to speak in public hearings, and to assign the priority right to speak to the citizens of the municipal entity, representing the significant territorial, social or professional groups of local population, widely supported and respected. Based on the public hearings practice, it might be reasonable to legislate the rules of defining the time and the place of public hearings. It is necessary to prohibit the organization of public hearings on several issues or objects, located in different parts of the municipal entity, at the same time, by the same participants. It might be reasonable to legislate the prohibition of voting on the issues, brought up for public hearings, aimed at defining the results of public hearings in the form of recommendations, reflecting the opinion of the majority of the participants of public hearings. It is necessary to formalize and clarify the reasons for the results of public hearings regarding or ignoring by local authorities or officials. 

Keywords: organization of public hearings, forms of local government, technologies of public hearings, municipal dialogue, local government, ideals of public hearings, public hearings, deliberative democracy, practice of public hearings, development of public hearings

DOI: 10.7256/2454-0595.2016.10.68251

Abstract: The article considers the ideals and the legal aspects of the technologies, used in public hearings, which are the contemporary form of Russian municipal deliberative democracy. The author studies the state of conceptual, historical and legal grounds of public hearings as a form of an institutionalized dialogue, rational discourse, discussion, persuasion, argumentation and compromises between municipal authorities and local communities. Taking into account the practice of public hearings in different Russia’s municipalities, the author considers the corresponding basic ideas and problems of their organization; studies the legal aspects of technical problems, which can appear during public hearings; offers the ways to improve this public institution and forecasts the priority directions of its development. The study is carried out within the scientific project No 16-03-50015 of Russian Fund for the Humanities. The author derives from the presumption that the functioning of deliberative democracy should be based on the fundamental principles of the thousand-year practice of Russian social institutions. The author analyzes the logics and patterns of their development and the historical forms of Russian deliberative democracy (Veche, Kopa, Krug (meeting), zemsky sobor), which had been based on common principles of organization and realization. Based on the results of this analysis, the author attempts at analyzing their closest modern analog and formulating the proposals about the improvement of the current statutory framework of public hearings. The author outlines the following practical recommendations: It is necessary to extend the variations of forms of public hearings It might be reasonable to legislate the grounds for the refusal of public hearings organization It is necessary to regulate the grounds for second public hearings on the same question It might be reasonable to limit the representation of municipal and public officers in public hearings commissions It is necessary to distinguish between the concepts of the right to participate in public hearings and the right to speak in public hearings, and to assign the priority right to speak to the citizens of the municipal entity, representing the significant territorial, social or professional groups of local population, widely supported and respected. Based on the public hearings practice, it might be reasonable to legislate the rules of defining the time and the place of public hearings. It is necessary to prohibit the organization of public hearings on several issues or objects, located in different parts of the municipal entity, at the same time, by the same participants. It might be reasonable to legislate the prohibition of voting on the issues, brought up for public hearings, aimed at defining the results of public hearings in the form of recommendations, reflecting the opinion of the majority of the participants of public hearings. It is necessary to formalize and clarify the reasons for the results of public hearings regarding or ignoring by local authorities or officials. 

Keywords: organization of public hearings, forms of local government, technologies of public hearings, municipal dialogue, local government, ideals of public hearings, public hearings, deliberative democracy, practice of public hearings, development of public hearings

DOI: 10.7256/2454-0595.2013.12.9241

Abstract:

DOI: 10.7256/2454-0595.2013.12.63628

Abstract: The article concerns both general and specific issues concerning sources of law. The author provides a detailed evaluation of amendments into the Moscow City Law on Municipal Self-Government of 2012 (there was 3 of them). First of all, he analyzes the amendments regarding fighting corruption in municipal government. Secondly, he studies the amendments regarding administrative territorial changes in Moscow, widening of its territory southwards. Thirdly, he provides a detailed evaluation to the amendments, which served as grounds for over a half of the municipal districts in Moscow losing their competence in the sphere of organization of district committees for working with juveniles and protection of their rights, organization of social, educational and recreational, sports and health work with the people residing in the area, as well as in the sphere of guardianship, tutorship and patronage. These changes fall within the vector of centralizing financial and administrative competence of regional bodies in relation with the municipal self-government. The article contains conclusions of the author regarding each of the amendments.

Keywords: m unicipal s elf-government, c ompetence o f l ocal s elf-government b odies, c entralization, s ources o f municipal law, legislation of the city of Moscow, changes in the legislation, analysis of sources, local government bodies, budget, history of municipal self-government.

DOI: 10.7256/2454-0595.2015.12.17075

Abstract: The article studies the peculiarities of introduction of civil activity principles on the local level; analyzes the federal, regional and municipal legal acts regulating local civil institutions. The topicality of the issue is undoubtful as in the modern conditions of functioning of the Russian state and local governments the effective public control over all levels of public and local authority is necessary. The author not only suggests particular theoretical ideas, but also offers concrete legislative formulations for Russian legislation; the author formulates specific amendments and legislative novels concerning intensification of interaction of local population, civil society institutions and municipal authorities. The methodology of the research includes general philosophical and special methods of cognition (dialectical, the systems method, analysis, synthesis, induction, deduction, the comparative-legal method, the formal-legal, system-functional, statistical and theoretical-prognostic methods). Municipal legislation contains special mechanisms stimulating local civil activity; moreover, these mechanisms are adapted to the conditions of a particular territory, municipality, and local peculiarities. Nevertheless, legitimation of public commissions under local authorities by Russian regional governments, adoption of special programmes of support of social civil society institutions on a competitive basis, and development of information grounds of local governments can intensify civil society institutions’ and citizens’ activity in the work of local government. 

DOI: 10.7256/2454-0595.2015.12.67149

Abstract: The article studies the peculiarities of introduction of civil activity principles on the local level; analyzes the federal, regional and municipal legal acts regulating local civil institutions. The topicality of the issue is undoubtful as in the modern conditions of functioning of the Russian state and local governments the effective public control over all levels of public and local authority is necessary. The author not only suggests particular theoretical ideas, but also offers concrete legislative formulations for Russian legislation; the author formulates specific amendments and legislative novels concerning intensification of interaction of local population, civil society institutions and municipal authorities. The methodology of the research includes general philosophical and special methods of cognition (dialectical, the systems method, analysis, synthesis, induction, deduction, the comparative-legal method, the formal-legal, system-functional, statistical and theoretical-prognostic methods). Municipal legislation contains special mechanisms stimulating local civil activity; moreover, these mechanisms are adapted to the conditions of a particular territory, municipality, and local peculiarities. Nevertheless, legitimation of public commissions under local authorities by Russian regional governments, adoption of special programmes of support of social civil society institutions on a competitive basis, and development of information grounds of local governments can intensify civil society institutions’ and citizens’ activity in the work of local government. 

Keywords: local government, local population, civil activity, civil society institutions, municipal legal act, Civic Chamber, official website, democracy, the Internet, legitimacy