Administrative and municipal law - rubric Executive authorities and the civil society

Abstract: The Russian Federation Constitution enshrines the legal status of the multinational people of Russia as the bearer of sovereignty and the only source of power in the country. However, the constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institution of public control. The basis of the legal regulation of this institution of civil society is a system of legal principles - the basic, most general principles that determine the content and main directions of regulation of this institution of civil society in the Russian Federation. A number of scientific research methods are used in the work: comparative legal, historical legal, formal logical and a number of others. This article is devoted to the analysis of ethics and professionalism in the activities of representatives of public control in the Russian Federation as its principle. The authors substantiate the need to expand the list of principles enshrined in Article 6 of Federal Law No. 212-FZ dated 21.07.2014 "On the Foundations of Public Control in the Russian Federation", in particular, the principles of centralism and decentralization in the organization and activities of subjects of public control, ethics and professionalism in the activities of their representatives, responsibility (both their representatives and officials, as well as representatives of objects of public control). The authors formalize and examine the main problems that prevent the consolidation and implementation of this principle of public control. The author has developed and substantiated a system of measures to resolve these problems, including by introducing amendments and additions to the legislation of the Russian Federation.

Keywords: code of ethics, Russian Federation, democracy, public control, subjects, representatives, principle, professionalism, ethics, public chamber

Abstract: The article is devoted to the main forms of interaction between civil society institutions and local self-government authorities in the sphere of corruption management at different stages of formation and implementation of a municipal anti-corruption policy as established by the current federal and regional anti-corruption legislation.

Keywords: corruption, corruption management, local self-government authorities, civil society institutions, interaction, officials, anti-corruption expertise, anti-corruption monitoring, efficiency of anti-corruption policy.

Abstract: Great variety of political parties, approaches to constitutional and legal regulation and types of inner-party structures, diversity of regional execution of political parties refreshes construction of models legally regulating the status of political structures at a regional level. It would allow to make a comparative legal analysis of status of regional branches of political parties in Russia as well similar party structures in foreign states and to define the common and peculiar features in legal regulation of their activities.

Keywords: right, politics, elections, model, status, region, society, party, branch.

Abstract: The article is devoted to the main stages of formation of civil society theoretical concepts. Having analyzed a wide theoretical material, the author of the article makes a conclusion about interpretation of this term in a macro and micro meaning. Macro concepts admit that a civil society can exist independently from a state institution and is not influenced by a state institution in any way while mico concepts view the phenomenon of civil society in its close connection with the phenomenon of a legal state.

Keywords: state institution, society, civil society, civil society concepts, law, legal institution, civil society theories, stages of formation of a civil society, citizen.

Abstract: Based on the analysis of the Russian Federation laws related to public appeals and handling them including regulatory acts in t he Ulyanovsk Region the author proves the need in raising the legal status of public appeals and relevant legal guarantees through development and adoption of the Federal Law ‘On Genera Principles of Exercising the Right of the Russian Federation Corporate and Public Appeals’ instead of the current framework Law No. 59 dated May 2, 2006, through establishment of the integral system of such appeals and positive experience of handling such appeals in the system of state and municipal control.

Keywords: public appeals, population, interaction, state authority, local self-government authority, method, experience, the Ulyanovsk Region, the efficiency.

DOI: 10.7256/2454-0595.2023.5.40460

Abstract: The Institute of Public Control in the Russian Federation acts as the most important legal guarantee for the implementation, protection and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. At the same time, the organization and implementation of this institution of civil society in Russia is based on a number of legal principles – the basic, most general principles that determine the content and main directions of legal regulation of the institution of public control in the country. The article uses a number of methods of scientific research, in particular: comparative-legal; historical-legal; formal-logical; statistical; method of studying specific legal situations, etc. This article is devoted to legality as a principle of public control in the Russian Federation. The paper analyzes the concept of the above-mentioned principle, its content is investigated. The article formalizes and examines the main problems that prevent the consolidation, implementation, protection and protection of the principle of legality in the organization and activities of subjects of public control, and also develops and justifies a system of measures to resolve them, including by making appropriate amendments and additions to the legislation of the Russian Federation. This will not only strengthen this principle of public control, but also generally ensure the development of this most important institution of civil society in Russia.

Keywords: Russian Federation, democracy, public control, subjects, activity, organization, principle, responsibility, legality, public chamber

DOI: 10.7256/2454-0595.2023.1.39870

Abstract: This article is devoted to the analysis of modern problems of the organization and implementation of public control over non-state pension funds in the Russian Federation, due to the fact that they occupy a key place in the organization of pension provision in Russia for 2023. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public control over non-state pension funds in Russia and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal, etc. The paper substantiates the role and place of this institution of civil society in the system of legal guarantees for the implementation, protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author examines the legal status and place of non-state pension funds in Russia in the system of objects of public control. The work not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. The issues of development and introduction of new forms and methods of public control in relation to non-state pension funds in Russia need further scientific understanding.

Keywords: Central Bank, implementation, organization, problems, Russian Federation, pension funds, democracy, public control, public council, pension savings

Abstract: State institution is an essential factor for creation and existence of a civil society. If there were no force or state enforcement in certain spheres of social life, everything would come to chaos. Not least of all it concerns a civil society – self-regulating system which needs a constant control by the government.

Keywords: state institution, civil society, human rights, family, private interest, legal order, democracy, economic crisis, people, nation, population.

DOI: 10.7256/2454-0595.2019.5.29909

Abstract: In this research Malinenko carries out research to successfully issue and implement changes in the constitutions and statutes of the Russian Federation constituents taking into account Russia's national goals and strategic missions as these have been stated out by the President of the Russian Federation Vladimir Putin. The subject of the research is the legal provisions contained in the constitutions and statutes of the Russian Federation constituents. The object of the research is the social relations arising in the process of adopting and implementing changes to the constitutions and statutes of the Russian Federation constituents in terms of achieving national goals and strategic missions of Russia at the present stage. The aim of the research is to analyze the procedure for adopting and implementing these changes. The methodological basis of the research includes such methods as logical analysis, social experiment, and special research methods such as formal law and comparative law methods. The result of the research is the conclusion that constitutions and statutes of the Russian Federation constituents need changes in order to achieve objectives affecting the state and civil society as a whole. The researcher proves the need to strive for so-called legal ideal by amending constitutions and statutes of the Russian Federation constituents and adjusting them to political and economic realities and demands.

Keywords: adoption procedure, development trends, strategic objectives, national goals, subject, statute, constitutional, state, Russian Federation, change

DOI: 10.7256/2454-0595.2017.2.20422

Abstract: The author considers administrative and legal regulation of internal monitoring of customs agencies’ activities in the modern period and defines its correlation with customs control. In the author’s opinion, both types of control are the elements of the control and supervision structure within law enforcement activities of customs agencies. The author draws attention to the fact that internal monitoring in its administrative and procedural sense is regulated on the Federal Customs Service level and serves as the secondary control as compared to customs control. The absence of legislative regulation of administrative procedures of internal monitoring is outlined by the author as the main problem of administrative and legal regulation of internal monitoring of customs agencies’ activities in the Russian Federation in the modern period. The research methodology is based on such specific scientific methods as comparative-legal and formal-legal. The author comes to the following conclusions: administrative and legal regulation of internal monitoring of customs agencies’ activities is carried out on the FCS level; internal monitoring in relation to customs control serves as the secondary control and ensures the observance of legality in customs affairs, and rights and legal interests of persons controlled by customs agencies. The author suggests formalizing administrative procedures of internal monitoring in legislation.

Keywords: Federal Customs Service of the Russian Federation, legality, controlled persons, internal control, administrative and legal regulation, decisions of customs agencies , administrative procedures, customs agencies, customs control, internal monitoring

DOI: 10.7256/2454-0595.2021.3.35915

Abstract: The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

Keywords: complaint, civil society, appeal, state authorities, legislation of the constituent entities of the Russian Federation, administrative law, petition, application, society and the state, additional guarantees of rights

DOI: 10.7256/2454-0595.2022.3.38558

Abstract: The object of the study is the sphere of state financial support of civil society organizations in Russia. The subject of the study is a set of norms of Russian administrative law regulating the provision of financial support to civil society organizations by executive authorities, as well as by other persons with appropriate public powers. The purpose of the study is to determine the nature of the impact of the current administrative and legal regulation of the legal relations in question on the mechanism for implementing the principle of transparency in providing financial support to civil society organizations in Russia. The author examines in detail such aspects of the topic as the theoretical and legal foundations of the principle of transparency in the activities of public authorities; administrative and legal foundations of state financial support for civil society organizations in Russia; the procedure for holding a competition for presidential grants, as well as the conditions for participation in this competition of civil society organizations; conditions for the provision of presidential grants for the development of civil society in non-competitive all right. The main conclusions of the study are the following statements: 1. An additional guarantee of ensuring the legality of public administration, including in the sphere of providing financial support to civil society organizations, should be the legislative consolidation of the principle of transparency in the exercise of public powers. 2. The established requirements for the participants of the competition for the provision of presidential grants do not guarantee the openness of organizations receiving budgetary funds. 3. Monitoring the activities of civil society organizations within the framework of projects implemented partially or completely at the expense of presidential grants is the main form of monitoring compliance by the winners of the competition with the terms of the contract with the Operator Fund. 4. Citizens of our country do not have the opportunity to receive information about presidential grants provided by the Operator Fund in an out-of-competition manner, which violates the principle of transparency in the exercise of public powers.

Keywords: civil society organizations, non-governmental organizations, non-profit organizations, civil society, executive authorities, public administration, grants, subsidies, financial support, state support

DOI: 10.7256/2454-0595.2016.2.17339

Abstract: The article considers the main legal mechanisms of ensuring publicity and transparency of local government, possessed by the civil society institutions according to the current legislation. The author outlines several problems of information coverage of local governments’ activities; points at the lack of legal regulation of electronic municipalities on the local level. On the base of the analysis of federal and municipal legislation, the author proposes specific legislative and organizational measures, aimed at the improvement of publicity and legitimacy of local governments. The author applies general philosophical and general scientific methods of cognition (comparative-legal, formal-legal and theoretical and prognostic). The novelty of the study consists in the explanation of interconnection between publicity and the activity of the civil society on municipal level; in confirming the influence of the non-governmental sector on the level of transparency of municipal bodies. The author proposes the amendments to the Federal Law “On the general principles of local government organization in Russia”, and the Federal Law “On the principles of public control in the Russian Federation”, enhancing the dialogue between local governments and the civil society.

DOI: 10.7256/2454-0595.2016.2.67408

Keywords: civil society, population, electronic municipality, public control, access to information, local government, the public chamber, publicity, official site, munucipal body

DOI: 10.7256/2454-0595.2015.2.12797

Abstract: The article provides the assessment of forms of direct citizens’ participation in public control, reveals contradictions and gaps in a legal status of a public inspector. The article defines the correlation of general and sectoral legislative regulations dealing with citizens’ participation in public control, and the practice of regulation of this sphere in the regions of the Russian Federation; offers a comprehensive assessment of the mechanism of direct citizens’ participation in public control in the context of goals and forms of public control fixed in the federal and regional legislation. The research is based on the innovations of Russian law, correlation of content and goals of public control in the sectoral federal laws. The new public control model and the citizens’ place within it are determined by the priority of assessment-analytical goals of this activity over the goal of violations in public management revelation. But the sectoral and regional legislation regulations show the priority of legality provision in public management over the analysis and assessment of activities of different levels of authority.

Keywords: public control, civic control, public inspector, public expert, Civic Chamber, civic council, forms of control, public control subjects, public control grounds, assessment-analytical activity

DOI: 10.7256/2454-0595.2015.2.66150

DOI: 10.7256/2454-0595.2015.3.14320

Abstract: The object of the research is public control over the activities of local governments and their officials in the Russian Federation.The subject of the research is the revelation of subjects of public control.The aim of the research is to determine the range of subjects executing public control over local governments in Russia. Achievement of the above mentioned purpose predetermined the statement and the solution of the following tasks: 1. to define the list of subjects listed in the Federal Law «On the foundations of public control in the Russian Federation»; 2. to analyze the possible legal faults in the Federal Law «On the foundations of public control in the Russian Federation»; 3. to analyze the scientific works in the sphere of research; 4. to classify the subjects; 5. to develop the suggestions to supplement the norms of the Federal Law «On the foundations of public control in the Russian Federation».The methodology of the research is based on the dialectical method of scientific cognition. The research also uses the general scientific methods, and other methods (the formal - logical, the comparative - legal, the system - structural).The result of the research reveales the range of subjects which can exercise public control over the activities of local governments in Russia. The author reveals the legislative faults of legal and technical nature in the Federal Law of July 21, 2014 № 212-FZ «On the bases of public control in the Russian Federation». The classification of the subjects of public control has been implemented. Thus the list of subjects can be supplemented by the subjects as: 1) citizens acting as public inspectors and public experts; 2) public associations, including trade unions; 3) nongovernmental noncommercial organizations; 4) persons working in the media. Consequently the conclusions of the research can serve as a bases for amending the Federal Law of July 21, 2014 № 212-FZ «On the bases of public control in the Russian Federation».

Keywords: classification of subjects, control, subjects, local self-government, local governments, public control, subjects of public control, control subjects, public experts, public inspector

DOI: 10.7256/2454-0595.2015.3.66226

Keywords: classification of subjects, control, subjects, local self-government, local governments, public control, subjects of public control, control subjects, public experts, public inspector

DOI: 10.7256/2454-0595.2016.5.16772

Abstract: The research subject includes the statutory instruments and law enforcement practice regulating the participation of citizens in public order protection. The research object is the range of public relations emerging in the process of participation of citizens in public order protection. The author considers such aspects of the topic as measures of coercion application by the citizens participating in public order protection, particularly the conveyance and detention of an offender. Special attention is paid to the aspects of people’s guards training in various spheres of their activity including use of force and first aid dressing. The research methodology is based on the dialectical method of cognition. The author applies sociological, statistical, formal-logical, comparative legal methods and the method of comparative analysis. The conclusions are as follows: - It is necessary to consider the possibility of use such measures of coercion as conveyance and detention of an offender by people’s guards; - It is necessary to correct the aspects of people’s guards training in the main spheres of their activity including use of force and first aid dressing; - It is necessary to provide the possibility of legal protection of citizens participating in public order protection; - It is necessary to study the need for the inclusion of a prohibition of suppression of facts about the planned or committed crimes and administrative offences by the citizens participating in public order protection into the list of elements of their administrative and legal status. The paper contains a comprehensive analysis of theoretical and legal aspects of participation of citizens in public order protection.

Keywords: incentives system, non-regular police employees , public order protection, use of force, first aid, authoritative powers, measures of coercion, police, people's guard, public safety

DOI: 10.7256/2454-0595.2016.5.67695

Keywords: incentives system, non-regular police employees, public order protection, use of force, first aid, authoritative powers, measures of coercion, police, public safety

DOI: 10.7256/2454-0595.2013.5.62693

Abstract: Existence and development of the civil society is not possible outside a complicated system of social relation and without participation (direct or indirect) by the state, in particular by issuing and application of norms of private and public law. Also, the political system of the state influences the civil society, and the models of social development are dependent upon the current quality of political system.

Keywords: state administration, civil society, private law, public law, state, human rights, business, economics, law.

DOI: 10.7256/2454-0595.2014.6.11373

DOI: 10.7256/2454-0595.2014.6.64979

Abstract: Existence and development of the civil society cannot be imagined outside the complicated system of social relations without direct or indirect participation of the government. One of the forms of such participation involves adoption and application of norms of private and public law. The political system of the state also has its influence upon the civil society, since the model of society development depends on a current quality of a political system. At the first glance development of civil society takes place solely within the framework of private interests, but the participation of public government and application of public law norms in the private law sphere (albeit indirectly) may not be doubted. In the developed social systems public and private relations may be distinguished based upon the autonomy, which is provided by the state for its citizens. The sphere of relations, which is provided by the state to the management of the people, excluding direct involvement of the state, is regarded as being private relations. It does not mean, however, that the state avoids necessary involvement in the private relations, but it is not dominant or predefining. For example, in the sphere of religion the state proclaims the freedom of conscience. However, the state acts against totalitarian and destructive sects, them being exclusively harmful for the society as a whole. Any legal norm providing for private law fundamentals of social relations is public by its nature for the following reasons. Firstly, it is sanctioned by the state and it becomes a part of national legislation. Secondly, it may not contradict or threaten the state system and nature of state administration. Moreover, the private law and public law fundamentals are implemented in the close interrelation with social, economic and cultural relations within the specific historical period, and they may not be alienated from them. Therefore, the logic of their development is much dependent upon the economic situation, defining specific developments of law and legislation, as well as of judicial practice and interpretation of laws. Economic and cultural relations, which are regulated by the law do not fall exclusively within one of its spheres, and they are included into the common object of both public and private law. The distinction between public and private law based on interest or character of social relations, them not being either elements of legal norms or contents of a subjective rights, is, therefore, not viable. For the sake of the study, firstly, there is need to consider Hegel’s view on civil society as a sphere of private, singular interests, which in some situations has an independent value in comparison with the sphere of public (common) interests. Secondly, the conclusion that differentiation between the civil society and state (as a sphere of political power and administration apparatus) is based upon the individual rights of citizens, protecting them from abusive administrative intervention, and providing them with an opportunity to influence the governing institutions (that is why, the individual rights should be regarded as an important element within the structure of civil society). Thirdly, the reference to the possibility for an individual to achieve a goal only in relations with others (that is in the presence of joint relations, serving as an inalienable element of civil society. Therefore, according to the Hegel’s concept, the sphere of individual interests, law and solidarity are categories necessary for the description of the civil society. The goal of civil peace supported by the state is protection of an individual citizen by the state. A citizen is a natural unit or an atom (while citizenship involves a conventional element). On the other hands, members or units (atoms) of the international order are states. However, as a matter of principle, the state may not be a natural element, like an individual, since there are no natural borders of a state, they change and may only be defined via the application of the international status quo principle, since this principle refers to a certain arbitrary date, so defining the state borders is a purely conventional procedure.

Keywords: state administration, civil society, private law, public law, state, human rights, business, economics, law, convergence of law.

DOI: 10.7256/2454-0595.2015.6.15105

Abstract: The article is devoted to the analysis of reasons for the necessity of unification of legal regulation of public chambers’ activities in Russian regions. The author analyzes the problem of use of contradictory approaches to the regulation of legal status of public chambers by regional legislators. The author argues that the main differences lie in the form of public chambers creation, the ways of their structure formation, particularly in determining of the persons whose representatives can be the members of chambers, and also in an unequal scope of authorities. Ultimately different conditions are created for the activities of public chambers in Russian regions. The author uses the theoretical, the general philosophical methods, and also the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (expert assessments and others). On the basis of regional legal acts analysis the author comes to a conclusion about the existence of differences in the possibilities of influence of public chambers on public authority. Therefore the author offers to develop and adopt a common federal law on the basic principles of organization of activity of regional public chambers.

Keywords: responsibility, public chamber, way of forming, civil society, public authority, federal law, region of the Russian Federation, legal status, legal regulation, model law

DOI: 10.7256/2454-0595.2015.6.66567

Keywords: responsibility, public chamber, way of forming, civil society, public authority, federal law, region of the Russian Federation, legal status, legal regulation, model law

DOI: 10.7256/2454-0595.2014.7.12258

DOI: 10.7256/2454-0595.2014.7.65172

Abstract: The article includes an attempt of analysis of normative legal acts regulating the procedure for the expression of initiatives of citizens and their independence in the sphere of implementation of their legal capabilities in the political and legal spheres. The presence of the said acts shows that the legislator agrees that the high level of legal activity of the people facilitates improvement of legislative quality, due regulation of the activities of the government bodies within the mechanism of legal regulation. The object of studies involves legal norms regulating manifestations of legal activities of the people, such as claims of citizens, public hearings, social control, participation of citizens in the preservation of the public order, public discussion, public initiative. In the process of studies the authors used general and specific scientific research methods (as well as special legal research methods: formal legal and comparative legal studies). The scientific novelty of the work is due to the development of a complex of theoretical provisions by the authors, substantiating the need to form clear legal algorithms and allowing the citizens to take part in the public administration matters, to interact with the government and to be heard by the government bodies. The article contains the conclusion that real possibility for the citizens of the Russian Federation to be legally active is a necessary condition for the efficient work of the state government and municipal bodies.

Keywords: legal activity, electronic democracy, public hearings, legal culture, preservation of public order, public control, public discussion, public initiative, general public, legal regulation.

DOI: 10.7256/2454-0595.2013.8.9253

DOI: 10.7256/2454-0595.2015.9.14894

Abstract: The subject of the research is cooperation between public authorities in organization of public events. The author studies the existing system of cooperation using the experience of Nizhny Novgorod region. The paper considers public and local authorities, responsible for reception of notifications about public events, their structure and main functions. Moreover, the author defines the purpose of cooperation between the authorities and legal regulation of this cooperation, formulates suggestions for its improvement. The main research methods are logical, system-structural and comparative; the special scientific methods (methods of legal science) are the statistical method and modeling. The author concludes about the necessity for public and local authorities to pay special attention to the organization of public events due to their social importance. The author offers to introduce administrative supervision over public authorities’ activity in organization of public events.

Keywords: cooperation, public authority, local governments, mass events, public events, public safety, public order, notification order, administrative and legal regulation, administrative law

DOI: 10.7256/2454-0595.2015.9.66875

Keywords: cooperation, public authority, local governments, mass events, public events, public safety, public order, notification order, administrative and legal regulation, administrative law

DOI: 10.7256/2454-0595.2015.9.15605

Abstract: The article considers the forms of interaction of civil society institutions and public and local authorities, mentioned in the recently adopted Federal Law of July 21, 2014 № 212-FZ “On the bases of public control in the Russian Federation”, such as public hearings and public discussions. The author carries out the comparative analysis of these forms, revealing their common and individual features, and outlines particular shortcomings of legal regulation of public hearings and discussions, offering the ways of their correction. The author applies the general scientific (analysis, synthesis, deduction, induction) and the special scientific (comparative-legal, formal-logical) methods. The novelty of the research consists in its subject: for the first time the regulations about public control and its forms, including public hearings and discussions, have been systematized and legitimated on federal level; in the light of the new federal law the author attempts to study these forms profoundly, while the previous researches considered public control in general. The author comes to the conclusion about the necessity to introduce more accurate criteria of differentiation of public hearings and public discussions, and to enhance the regulations related to them.

Keywords: Socially important questions, Citizens' meeting, civil society institutions, local authorities, public authorities, forms of interaction, Public hearings, Public discussions, Public control, Forms of public control

DOI: 10.7256/2454-0595.2015.9.66876

Keywords: Socially important questions, civil society institutions, local authorities, public authorities, forms of interaction, Public hearings, Public discussions, Public control, Forms of public control

DOI: 10.7256/2454-0595.2016.12.19727

Abstract: The research subject is the order and the problems of consideration of citizens’ appeals by customs agencies of the Russian Federation. Special attention is given to the analysis of the Procedure of work with citizens’ appeals in the Federal Customs Service of Russia and customs agencies, established by the decree of the Federal Customs Service of 30 June 2014 No 1240. The author notes that the provisions of the Procedure and the law enforcement practice prove the need for its revision. The author outlines the following directions of improvement of work with citizens’ appeals: specification of the scope of the Procedure; specification and clarification of the terms of implementation of administrative procedures with citizens’ appeals; regulation and specification of administrative procedures and administrative actions of customs agencies (their officials) in their work with citizens’ appeals. The research methodology is based on the modern scientific methods, including the method of observation, logical synthesis and analysis, the system method, normative-logical analysis and the method of comparative jurisprudence. The author also applies sociological methods, statistical methods and the method of expert assessment. The author concludes about the absence of clarity and completeness of the legal regulation of the procedure of consideration of citizens’ appeals by customs agencies and about the necessity to revise the current departmental statutory act. The author describes the priority directions in this sphere.

Keywords: decision, period, reply, administrative procedure, consideration, official, citizen, complaint, appeal, customs agency

DOI: 10.7256/2454-0595.2016.12.68520

Keywords: decision, period, reply, administrative procedure, consideration, official, citizen, complaint, appeal, customs agency

DOI: 10.7256/2454-0595.2014.10.12419

DOI: 10.7256/2454-0595.2014.10.65554

Abstract: The article contains analysis of the legislation in the sphere of regional control (supervision) and practice of its implementation within the framework of administrative reform of the legislation. It is established that in the spheres of both the delegated competence and in the sphere of direct competence of the constituent subjects of the Russian Federation in the sphere of regional state supervision the legal regulation is implemented through the federal legislative acts. Regulation of the issues concerning organization of regional state control (supervision) in the constituent subjects of the Russian Federation is mostly implemented via by-laws and only five constituent subjects have adopted regional laws on these matters. In some constituent subjects of the Russian Federation the control competence is provided to the regional public institutions, which is against para. 1, 4 of Art. 2 of the Federal Law N. 294-FZ, and the conflict of laws should be dealt with. The article provides characteristic features of regional administrative supervision, its main definitions, value, history, functions, goals and practice of its implementation. The provided analysis of current normative legal acts in the sphere of regional state control (supervision) and practice of its application clearly shows the urgent need for its further improvement, which shall have a direct influence upon the results of the reform of the entire system of state administration. The list of types of regional state control, which are to be implemented by the executive bodies of constituent subjects of the Russian Federation is currently excessive. It may be supposed that it overwhelms the resources and management potential of the constituent subjects of the Russian Federation. That is why, it is proposed to develop measures in order to limit the types of regional control.

Keywords: administrative supervision regional administrative supervision, competence, objects of competence, regulation, administrative regulation, law, constituent subject of the Russian Federation, state government body, supervision.

DOI: 10.7256/2454-0595.2013.12.10198

DOI: 10.7256/2454-0595.2013.12.63631

Abstract: The article concerns specific features of interactions between the police and non-governmental organizations, problems, perspectives and key directions of this interaction within the framework of implementation of the principle of respect for basic human rights and freedoms in the Russian Federation. The author provides a number of conclusions regarding the further consecutive development of such interaction. In spite of the large number of works on these issues, the problems in general are not sufficiently studied, which may be due to the ongoing reforms in Russia in general and its police system in particular, as well as lack of stability in the current legislation on these issues. These and other factors make this study topical and practically valuable , they require further studies of interactions between the police and the non-governmental organizations and other institutions of the civil society in order to make it more efficient, showing the need for scientific practical propositions. T he methodological basis for the study includes general scientific means and methods, as well as the specific scientific legal methods. Special attention was paid to the following scientific cognition methods: dialectic, historic, comparative legal method, specific social, statistical, logical, systemic and structural analysis. The study was also based upon generalization and systemic analysis of the works of Russian scientists and normative legal acts.

Keywords: police, non-governmental organizations, civil society, interaction, problems, perspectives, rights, freedoms, individual, citizen.

DOI: 10.7256/2454-0595.2014.12.13620

DOI: 10.7256/2454-0595.2014.12.65806

Abstract: This article considers the problem of the extent of the administrative influence on business cause by the conflict between the requirement for state regulation of entrepreneurial activities in public interest, on the one hand, and the necessity to provide business entities with the sufficient freedom for achieving efficiency in entrepreneurial activities, on the other hand. The author examines the measures taken by the government to reduce the administrative intervention in the entrepreneurial activities. The objective is to analyze the administrative-law instruments used to identify and remove the administrative barriers: evaluate the regulation impact and expert review of the laws and regulations in order to identify the provisions unreasonably obstructing entrepreneurial and investment activities and describe their defects inhibiting effective identification and removal of administrative barriers. Methodological basis for this research is the general scientific and the specific scientific research methods. The general scientific methods include dialectical, methods of comparative and systematic analysis, generalization, formal logic. The special legal methods used when writing this article: comparative legal and formal legal. On the basis of the analysis of the administrative-law tools used nowadays to identify and remove the administrative barriers to entrepreneurial activities, taking into consideration the experience of OECD member states, the author suggests ways to improve the regulative impact and expert review of the laws and regulations in order to identify the provisions unreasonably obstructing entrepreneurial and investment activities, which ways of improvement will make them more efficient.