Administrative and municipal law - rubric Administrative, municipal law and federal structure of the state

Abstract: The broad approach to the change of the number and structure of the constituents of the Russian Federation calls for not only for accepting of the new constituents into the Russian Federation, but also the change of the constitutional statuses of particular constituents (for example, making a region a republic or vice versa). The change of status of the constituents, in turn, changes the overall structure of the Russian Federation. This article by A.N. Chertkov is devoted to the study of various means of changing of the structure of the constituent subjects of the Russian Federation.

Abstract: The problem of inconsistencies between the regional and federal legislation on administrative offences have been a topical subject of discussion of legal scholars for a number of years. This article by V.A. Marinina includes analysis of correlation between the federal and regional legislation, as well as of the current judicial practice.

DOI: 10.7256/2454-0595.2018.2.25864

Abstract: The authors of this research focus on oustanding issues of the Russian Federation laws on administrative offences in the field of counterfeit alcohol turnover. They analyze the main contradictions between federal and regional laws on administrative offences and offer recommendations to eliminate these. The authors analyze recent changes and amendments to federal and regional laws that regulate the procedure for bringing to administrative responsibility in the field of alcohol turnover as well as activity of regional authorities and local authorities aimed at elimination of administrative responsibility. The make recommendations on how to improve administrative laws of the Russian Federation constituents. The methodology of the research implies a combination of the most commonly used research methods and techniques including analysis and synthesis, formal law method, structured logic representation of the material, and comparative law analysis. The main conclusion of the research is that there are administrative laws of the Russian Federation constituents that contradict to federal laws and regulations. Despite detailed analysis of laws before issuing them, the problem of illegitimate regional laws remains. The authors provide particular examples when regional administrative laws were adopted exceeding the limits of the Russian Federation constituent's authority. The novelty of the research is caused by the fact that the authors evaluate the current state of law and implementation practice. The authors' special contribution to the topic is their description of areas of improvement and development prospects of the process of regional administrative laws adoption. The practical importance of the research is caused by the fact that the authors provide scientifically proved recommendations regarding development of the regional administrative law.

Keywords: administrative penalty, regional legislation, internal Affairs bodies, the distribution of alcohol, administrative Code, local laws, police, the authorized bodies, administrative responsibility, the legislation of the constituent entities of the Russian Federation

DOI: 10.7256/2454-0595.2018.11.28228

Abstract: The subject of the article is the legal norms contained in the Constitution of the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Authorities of the Government of the Subjects of the Russian Federation”, establishing the basic starting principles for distinguishing between the joint jurisdiction of the Russian Federation and its subjects powers between the Russian Federation and the constituent entities of the Russian Federation in order to determine the prospects for improving the techniques of legal techniques tion assumptions set forth in the present law. The methodological basis of the article consists of a formal logical, interpretative, logical, comparative research methods. Formal legal, logical and interpretational methods were used in the analysis of the specific content of legal regulations relating to the structuring of the principles of delimitation of competences and powers between the Russian Federation and the subjects of the Russian Federation. The novelty of the article lies in the wording of principles proposed by the authors arising from the provisions of the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation", as well as in the formulation of specific proposals for improving the said Federal Law mechanisms related to the detailed regulation of the formation and activities of state bodies of the subject of the Russian Federation.

Keywords: Legality, Federalism, Administrative-territorial unit, National-territorial education, Public authority, Basic law, Constitution, Financial security, Delegation kompetenciy, Delegation of authority

Abstract: The article is devoted to peculiarities of the legal position of autonomous entities and its enforcement in constitutional legislation of the Russian Federation and foreign states. The author of the article defines establishment of autonomous sub-national entities as a form of protection and creation conditions to contribute to ethnic, cultural, language and religious identity of certain national minorities.

Keywords: autonomy, federative form of government, unitary state, national minorities, control, religion, identity, sovereignty.

DOI: 10.7256/2454-0595.2020.1.31822

Abstract: The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

Keywords: public administration, state regulation of tourism, powers of constituent entities of the Russian Federation, delimitation of competence, tourism law, tourism development strategy, types of tourism, federalism, regional tourism, tourism policy

DOI: 10.7256/2454-0595.2024.2.44015

Abstract: The article examines the approach of the Argentine legislator to determining the legal foundations of the territorial organization of public authority. The work analyzes the norms of the Argentine Constitution, the legislation of the constituent entities of the federation (provinces), materials of law enforcement practice and doctrinal sources. The types of public territorial entities in Argentina, the sources of legal regulation of their status, the influence of the peculiarities of the historical development of the Argentine state on modern approaches to the territorial organization of public authority are explored. Taking into account the federal nature of the Argentine state, the lack of comprehensive studies of the issue of territorial organization of public authority in Argentina, the experience of the studied country seems worthy of attention within the framework of the Russian science of municipal law. It has been established that Argentine legislation provides for the existence of obligatory and optional territorial entities whose status is distinguished, first of all, by the granting of political autonomy to the former. A special feature is the provision of exclusive competence to the provinces in terms of regulating the territorial and other foundations of the organization of municipal authority. When creating municipal territorial entities, provinces establish criteria for the formation of municipalities and also provide for their division into categories. The legal status of municipalities, depending on their classification into one category or another, may differ significantly, especially in terms of the existence of institutional autonomy. The experience of Argentina can be taken into account in the context of reforming the institution of local self-government in Russia.

Keywords: federalism, territorial structure, province, local self-government, public authority, municipal territorial entity, municipal authority, municipality, constitution, Argentina

DOI: 10.7256/2454-0595.2018.10.27499

Abstract: The authors of the article analyze topical issues and the role of internal affairs bodies in the implementation of the legislation of the Russian Federation constituents on administrative offences. The authors analyze the most recent changes in the federal legal acts and regional acts that regulate the procedure of instituting administrative action based on the Russian Federation constituents' laws. The authors offer particular recommendations that would allow to eliminate the issues caused by the treaties of transfer of authority to police officers to initiate proceedings on adminitrative offences based on the regional laws. The methodology of the research implies a combination of the most commonly used research methods and techniques such as synthesis and analysis of applicable laws, formal law method, and structured logical statement. The main conclusion of the research is that there are certain administrative laws of the Russian Federation constituents that contradict to the federal law. The authors provides particular examples when regional administrative acts are issued with the excess of jurisdiction of the Russian Federation constituent. The novelty of the research is caused by the authors' evaluation of the current state of legislation and its practical implementation. The authors' contribution to the topic is the fact that they define areas of improvement and prospects of the development of regional laws on administrative offences taking into account the Federal Law No. 247 about the need in treates between regional authorities and the Ministry of Internal Affairs of Russia on the transfer of authority. The practical importance of the research is caused by the fact that the authors give scientifically grounded recommendations on how to create draft treaties as part of the police execution of the regional legislation.

Keywords: internal Affairs, agreement, police, local law, Administrative code, the bodies of internal Affairs, the legislation of subjects of the Russian Federation, administrative responsibility, authorized body, police officer

DOI: 10.7256/2454-0595.2017.2.21554

Abstract: The research subject is the relations arising in the process of inter-budget transfers application. The author analyzes one of the problems of this sphere, which hasn’t been solved so far, - the problem of incomplete application of inter-budget transfers. At the present time, a large amount of uncommitted funds remains on the accounts of recipients – public-private entities of different levels – at the end of financial year, granted to them as subsidies, subventions and other inter-budgetary transfers. The author attempts to detect the reasons of incomplete application of funds and to offer the complex solution to this problem. The author applies general scientific methods (dialectics, the system and historical methods, analysis, synthesis, observation and modeling) and traditional methods of jurisprudence (formal logical, generalization of scientific concepts and normative material). The author generalizes the key factors causing incomplete application of budgetary funds and divides the balances into “positive” and “negative”. The author studies the new mechanism of “budgetary letter of credit” used since 2013 to avoid balances. The author offers the ways to improve legal regulation of inter-budget relations. The conclusions of the study can be used in pedagogical and practical activities and for the modification of the current budgetary legislation.

Keywords: subventions, inter-budget transfers, inter-budget relations, budgetary federalism, budgetary letter of credit, Budget code of the Russian Federation, subsidies, inter-budget transfer balance, balance, budget

Abstract: The article views the main trends of influence of the federal form of government on the system of executive authorities. The study is based on the experience of the Russian Federation and federative nations of Europe – Austria, Belgium, FRG and Switzerland.

Keywords: executive branch, federalism, form of government, differentiation between competence and authority, responsibility.

DOI: 10.7256/2454-0595.2016.2.17730

Abstract: The author analyzes the implementation of the concepts of the state cultural policy of the Russian Federation concerning the protection of cultural heritage objects for the past period, demonstrates the existing contradictions between the federal center and the regions of the Russian Federation in relation to forming independent authorized agencies in this sphere, and shows these contradictions using the example of the current Russian legislation and bills, shares his ideas about the issue under consideration. The research methodology consists of general scientific philosophical methods, particularly, the materialistic method, specific scientific methods (analysis, synthesis, modeling, induction, deduction, and abstraction), and special methods, including the statistical method, the formal-logical method, the method of law interpreting, and the method of comparative jurisprudence. To solve the research tasks, the author also applies the analysis of statistical data and legal documents. The author demonstrates the practical realization of the concepts of cultural policy in Russia by the federal center and the regions, the appearing contradictions, caused by the regions’ independence, which is provided by the Constitution of the Russian Federation, and the possible variants of further developments in this sphere.

DOI: 10.7256/2454-0595.2016.2.67409

Keywords: cultural heritage object, competence, independence, federalism, executive bodies, government protection, bill, contradictions, federal center, regions of the Russian Federation

DOI: 10.7256/2454-0595.2015.3.14507

Abstract: The subject of the study contains the financial and legal rules regulating the public relations which develop mainly during the organization of the state financial security. Among the various objects of financial security of the state the area of monetary relations can be outlined, and its security gains a particular importance at the present day. The current organization of the state monetary circulation is impossible without the mechanisms such as the state financial security and national security because they serve as a guarantee of the constitutional rights, freedoms, adequate quality of life and living standards of citizens, sovereignty, territorial integrity and sustainable development of the state and its defense and security.The methodology is based on the dialectical method of scientific cognition of social, economic and legal phenomena in their interrelationship and interdependence. Reliability and validity of the results are achieved through the application of the integrated system-structural, comparative legal, formal legal and logical-theoretical methods, as well as the method of describing the concepts, analysis, synthesis, and other methods. The author concludes that the safety of the state is a monetary element of the national security. This is the condition of safety of the state from the internal or external threats which allows provision of sustainable and progressive development of its financial system in the process of money circulation, which in turn provides the constitutional rights, freedoms, adequate quality of life and living standards of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, the defense and security of the state. Since it is impossible to consider money circulation in general as an object of the financial security of the state, the author proposes to use the category of "monetary security of the state" along with the category of "financial security of the state."

Keywords: emission, activity, function, system, state, circulation, finance, security, money, economy

DOI: 10.7256/2454-0595.2015.3.66227

Keywords: emission, activity, function, system, state, circulation, finance, security, money, economy

DOI: 10.7256/2454-0595.2015.8.14514

Abstract: The subject of the research includes the legal and organizational problems of implementation of the principle of equality of regions of the Russian Federation. The object of the article is a range of social relations connected with the development of Russian federalism. The author considers such issues as determination of the competence of regions of the Russian Federation; peculiarities of territorial administration; problems of regional separatism and extremism prevention. Special attention is paid to the constitutional and administrative-legal regulation of the alignment of the organizational-legal status of regions of the Russian Federation. The author uses general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods and the methods used in special sociological research (statistics, expert assessments, and others).The author concludes that at present Russian federalism has moved to a new level of development, all the necessary constitutional, legal and administrative means of its strengthening and formation have been created. The specific contribution of the author consists in the formulated amendments to the Constitution of the Russian Federation concerning the strengthening of constitutional and legal foundations of Russian federalism. In particular, it is proposed to change a number of complex regions of the Russian Federation. The novelty of the research lies in the proposals aimed at the improvement of legal and institutional framework of Russian federalism in connection with the introduction of two new regions of the Russian Federation.

Keywords: administration, district, capital, equality, status, region, Constitution, federalism, republic, oblast

DOI: 10.7256/2454-0595.2015.8.66796

Keywords: administration, district, capital, equality, status, region, Constitution, federalism, republic, oblast

DOI: 10.7256/2454-0595.2013.10.9746

DOI: 10.7256/2454-0595.2013.11.9829

DOI: 10.7256/2454-0595.2014.11.13078

DOI: 10.7256/2454-0595.2014.11.65675

Abstract: This article notes that governance of the social and political processes and tendencies characteristic of our country in its today’s condition is impossible without identifying the specific features of the structure of the Russian Federation. The Russian Constitution adopted in 1993, while establishing the principle of federalism as one of the fundamental qualities of the constitutional system of Russia, confirmed the federative nature of our country. Being a multi-ethnic country with a vast territory, various natural and geographic condition, the Russian Federation has its own specific features in the establishment and development of the federative relations. An expression of the unique nature of the Russian federal model is the fact that it is based on a combination of two principles – national and territorial. This article is based on the general scientific research method and the historical, comparative legal, politological, institutional methods. The systematic approach was of large importance to the adequate description of the subject, under this approach, the Russian federal constituents were viewed as elements of an integral complex system of a federative state. The systematic approach makes it possible to demonstrate the genesis, legal status and problems of the creation and development of the Russian federal constituents as a result of the changing system of social relations as a whole, the conflict of various trends and political forces in the Russian society. The work presents the jurisprudential analysis and considers, first of all, the institutional and legal aspects of improving the state structure through the lens of the constitutional and legal status of the Russian federal constituents. Before signing the Federal Agreement in 1992, the federation was built on the basis of the national principle, afterwards the territorial principle was added. The territories which were previously administrative territorial entities (regions, cities of Moscow and Saint-Petersburg) were given the status of the Russian federal constituents. Today, as a result of all the transformations, the Russian Federation is composed of over 80 constituents. No other federation in the world has known so many constituents. Their number and differences between them bring certain difficulties to the system of public administration and formation of federative relations.