Administrative and municipal law - rubric Issues of administrative and municipal legal relationship

Abstract: The subject of this research is the efficiency of authority of the executive branch of government. The author reviews the approaches used in the general theory of law and administrative law towards definition of efficiency, making emphasis on the social aspect of efficiency of legal norms. Leaning on the considered doctrines, the author includes into the structure of efficiency of authority the socially substantiated goal of their realization, which in his opinion consists in ensuring enforcement of right and responsibilities of the citizens and legal entities (the subject of administrative law without authority). Based on the provisions of legislative acts and law enforcement practice, the article examines the organizing principle of authority that allows accomplishing the purpose of authority, determines its possible manifestations, as well as the conditions under which such principle can be implemented. The following conclusions were made: 1) the foundation for determining the efficiency of authority of the executive branch of government consists in their social impact, which is reflected in the level of implementation of the rights and responsibilities by the subjects of administrative law without authority; 2) since the efficiency represents feature of the system, it must be applicable to not to a separate measure of authoritative influence, but their ordered entirety, aimed at ensuring specific rights and responsibilities of the subjects of administrative law without authority; 3) the combination of lawmaking and law enforcement authorities, which in the conditions of their normative consolidation through assistance in exercising rights and responsibilities of private and legal entities, allows aligning private and public interests in various spheres of state administration.

Keywords: implementation of rights, systemic, law enforcement, lawmaking, Organizing influence, Executive body, Powers, Efficiency, non-governmental subjects, social effect

DOI: 10.7256/2454-0595.2019.1.28549

Abstract: The article is devoted to the problem of deformation of the legal mentality of officials expressed in the administrative law enforcement policy of Russia. The object of the research is the legal mentality, and the subject of the research is the administrative law enforcement policy reflecting the characteristics of the state of the legal mentality of the Russian law enforcement bureaucracy. The purpose of the research is to examine the phenomenon of deformation of the legal mentality of the law enforcer using the example of a specific rule of law. At the same time, a hypothesis is put forward in the article, tested in the course of the study, according to which the deformations of the legal mentality in law enforcement are caused by spiritual and moral distortions. The methodological basis of the article included general resarch methods (dialectical method, system-structural method, analysis and synthesis) and special research methods: comparative law, formal law, hermeneutical method, axiological, etc. The methodology of the research is based on the analysis of law enforcement activities related to the distortion of the value, logical, semantic and target characteristics of the applicable rule of law under the uncertainty of its official interpretation. The scientific novelty of the research is caused by the following: firstly, consideration of a special form of deformation of the legal consciousness of officials based on formally dogmatic legal thinking, and secondly, the originality of the approach to the methodological understanding of the problem of an objective assessment of the distortion of the value characteristics of the legal mentality in law enforcement. In conclusion, the author formulates conclusions containing generalizations of the research, including theses on the relationship between the legal understanding of the law enforcer and the spiritual and moral matrix of his legal conscience, the presence of interrelated causes of legal deformations and the need to improve the policy of generalizing administrative practices, the legal technique of the legislator as the most real and effective means of countering such distortions.

Keywords: objective imputation, understanding of law, enforcement of law, administrative practice, legal conscience, legal mentality, legal culture, constitutional legal meaning, enforcement policy, the blame

DOI: 10.7256/2454-0595.2015.1.12701

DOI: 10.7256/2454-0595.2015.1.65986

Abstract: The enhancement of legislation, regulating the work of joint stock companies, should be carried out on the base of regulations, functioning in the states of the European Union; and Russia’s joining the World Trade Organization and the Eurasian Economic Union dictates the necessity of development and enhancement of administrative-legal status of joint stock companies. Nowadays there is a necessity of defining of the category of a collective subject of administrative law, and working out of a system of effective administrative-legal measures of influence on joint stock companies’ activities directly. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations, etc.). The revelation of essential and distinctive features of joint stock companies as juridical persons, the consideration of typical features of joint stock companies as juridical persons, the analysis of the existing ways of joint stock companies management and their disadvantages will allow carrying out a thorough examination of “Administrative-legal regulation of joint stock companies’ activities”. The process of administrative-legal regulation presupposes the existence of two sides: legal regulation subject and legal regulation object.

Keywords: management, society, share, shareholder, status, security, regulation, method, state.

DOI: 10.7256/2454-0595.2024.1.43463

Abstract: Public and municipal authorities regularly act as customers of various goods, works and services, as well as finance projects or provide targeted support to organizations as part of the implementation of State support measures. If the first role, as a rule, is implemented through traditional public procurement, then the second is through special regulation created under the conditions of appropriate support, and through agreements on the provision of subsidies or grants in the form of subsidies. Such agreements are not subject to procurement legislation, and the content of the legal relations generated by them has low regulatory and methodological security. At the same time, the Civil Code of Russian Federation (hereinafter referred to as the CC RF) is increasingly being applied to relations based on agreements by analogy with law. The implementation of agreements, as a rule, is associated with the emergence of an objective need to change them, related both to changes in the circumstances from which the parties proceeded when concluding them, and to subjective reasons, including planning errors. Within the framework of the article, the authors, using dialectical, logical, systemic and functional methods, considered and highlighted the circumstances of the permissibility and inadmissibility of making changes to these agreements. A special utilitarian character is carried by a fragment of the article based on the analysis of judicial practice and acts of regulatory and auditing authority, which highlights specific situations that are important for the formation of a comprehensive understanding of the assessment of the circumstances of changing agreements.

Keywords: budgetary code, grant agreement, agreement on granting of subsidies, research and development costs, budget obligation limits, budgetary appropriations, budgetary transfers and costs, court practice, modification of agreements, performance of scientific project

Abstract: The article is devoted to the analysis of administrative legal status of state corporations as legal entities. The author proves that it is necessary to legislatively provide for the institution of public legal entities, and that the state corporations should be viewed as one of types of such entities. The author then offers tp rpvodie for this institution within the framework of administrative law.

Keywords: jurisprudence, state corporation, public value, property, goal of activity, legal entity, administrative legal subject, organizational legal form, status, perspectives.

DOI: 10.7256/2454-0595.2017.8.23780

Abstract: Based on the legal statistics methodology, the author analyzes the periodicity of amending the regulations on federal executive authorities. To achieve the research goal, the author systematizes the current regulations on federal executive authorities, calculates average and absolute indexes in different groups of federal executive authorities. The considered indexes characterize the stability level of legal support of federal executive authorities, the quality of strategic planning in defining their legal status. The author uses the formal-legal, structural-functional and statistical methods, which help carry out a complex study of periodicity of amending the regulations on federal executive authorities. As a result, the author detects the average periodicity of amending the regulations on federal executive authorities, which numbers 214 days. The author finds out that the regulations on federal ministries change more frequently than others. The calculations demonstrate that the regulations on federal executive authorities of the “Presidential block” are more stable compared with federal executive authorities, managed by the Government of the Russian Federation.

Keywords: public administration, federal services, federal agencies, federal ministries, administrative reform, executive authorities, Government, President, federal executive authorities, legal regulation

Abstract: The article contains an analysis of the administrative and legal status of inspection and inspectors (officials) of the state port control conducting supervising functions over enforcement of safety regulations of marine navigation and order at a sea port.

Keywords: administrative, control, sea, port, inspector, status, supervision, safety, regulation, risk.

DOI: 10.7256/2454-0595.2019.5.17240

Abstract: The subject of research in the article relates to issues concerning the national and international regulation of human’s cultural rights and freedoms. Attention is paid, in the article, also to the issues of further legal development in this sphere. It is noted that culture has long been one of the priority directions in the state’s development. And the state, in its turn, has an influence upon the cultural development of citizens, and creates the mechanisms of safeguarding and reproduction of cultural values. In the article, the term “cultural rights and freedoms” is studied in accordance with the Constitution of the Republic of Azerbaijan. Special attention is given to the legislative impact on the cultural sphere. It is mentioned that implementation of wide cultural activity in Azerbaijan is part and parcel of the state policy not only in the cultural sphere, but also in the field of developing human’s cultural rights. Therefore, allowing development of legal regulation of these rights in the republic is of extreme importance. In a number of countries, the principles of the state’s cultural policy are secured at the constitutional level. The author considers, in detail, some problem issues existing in the field of national and international regulation of cultural rights and freedoms, having analyzed possibilities of their removal, legal perfection, and gives relevant recommendations.

Keywords: cultural values, legislation, internationa law, constitutional law, culture, cultural rights, the state, freedoms, economical rights, legal regulation

Abstract: The article describes different points of view on whether the state institution reform influences the public and local authorities and whether public authorities will be needed to be transformed into public institutions.

Keywords: authorities, legislative authorities, executive authorities, budgetary establishments, public institutions, autonomous establishments, budget sector reform, provision of services, public service.

Abstract: The article studies peculiarities of involvement of private law means into public sphere. Special attention is paid at the question about forthcoming (by order of the President of the Russian Federation) reformation of the category of legal entities and introduction of a term ‘legal entity of public law’ as well as identification of self-regulating organizations as such subjects. The author concludes that there is a certain need to look at multisectoral connections between participants from a completely different point of view, the latter being able to act as a legal entity of both private and public law.

Keywords: legal entity of public law, self-regulating organizations, entrepreneurial relations, public- power functions, public means, public law units, public law, legal constructs, Civil Code.

DOI: 10.7256/2454-0595.2022.4.39142

Abstract: This article is devoted to the analysis of the quality of local legislation at the level of prefecture-level city with districts in the PRC. The author of the article analyzed in detail the existing problems of local legislation in China using statistical data from think tanks. Even though the People's Republic of China is a unitary state, the legislation in China has a multi-level system with the central government playing the dominant role. This is expressed in the right of state authorities, represented by people's congresses at various levels, to adopt normative legal acts within the framework specified in the Constitution of the PRC and the Law on Lawmaking. Even though the terms of reference of prefecture-level cities with districts are limited to the issues of ensuring the livelihoods of the local population, urban and rural construction, protecting the environment and ecology, there are certain problems and imperfections in their legislative activities. Some of these problems are systematic and require nationwide regulation, while the others are directly related to shortcomings in the activities of local authorities. Since the granting of powers of local legislation in 2015 to prefecture-level cities with districts, sufficient time has passed to assess their quality in terms of the legality, validity and expediency of the adopted regulatory legal acts, protection of the rights and interests of citizens and legal entities, proposed innovations. Within the framework of this position, the author assesses the quality of rule- making activity in prefecture-level cities with districts on the example of a sample of six cities, investigates the causes of existing problems and gives recommendations for their elimination and improvement of the legislative process.

Keywords: local legislation, administrative division, legislative power, People's Republic of China, provinces, prefecture level city, administrative law, municipal law, NPC, constitution

DOI: 10.7256/2454-0595.2017.3.21530

Abstract: The research subject is a legal status of a head of a municipal structure and the topical issues of legal regulation of a competition to the vacancy of the head of a municipal structure. The study is based on the results of the competition to the vacancy of the head of the municipal unit of Krasnodar. The author analyzes the Rules of competition and points out the significant normative drawbacks of this act, particularly, the problems of the list of documents the candidate should present to the competition committee. The author analyzes the opinions of legal scholars concerning this issue. The author applies general scientific methods: dialectical, historical, comparative-legal, system-structural, and system analysis. The author concludes that the competition procedure contains some legal nuances. Most questions are connected with the application procedure and with the list of necessary documents. The author concludes that “executive” municipal authorities gradually lack electiveness. It is important to guarantee observance of the fundamental legal principles. The procedure of the competition to the vacancy of the head of the municipal unit of Krasnodar should guarantee broad participation of citizens.

Keywords: procedure, competition, head, municipal structure, municipal law, public administration, administrative law, list of documents, electiveness, public servant

Abstract: The article is devoted to specific legal relations occurring in proceeding in error based on complaints by citizens and economic entities. The authors of the article also revealed the content of such legal relations.

Keywords: complaint, legal relations, administrative activity, tax authorities, proceeding, material and procedural relations, object

Abstract: In this article the author studies the problem of existence of legal entities of public law in practice while there is no legal framework for them. Special attention is paid at participation of a state institution in civil-law relations which, based on the author, determines the status of such legal entities. The author studies peculiarities of legal regulation of public law entities and concludes that it would make sense to regulate this type of relations based on administrative laws.

Keywords: legal entity, public law, contents, signs, criteria, legal capacity, state institution, ministries, classification.

DOI: 10.7256/2454-0595.2023.3.39983

Abstract: This article is devoted to the analysis of problems and prospects of development of the social trust system (social rating) in the People's Republic of China. At the same time, the authors conclude that the development and implementation by the state of behavioral control systems for both individuals and legal entities is a necessity to ensure optimal management of all areas of society. However, their implementation should be carried out under the constant supervision of civil society institutions (in particular, through the functioning of the institute of public control). The author uses a number of methods of scientific research, in particular: analysis; synthesis; interpolation; extrapolation; comparative legal; historical; sociological and a number of others. The paper examines the genesis of the social trust system (social rating) in the People's Republic of China, formalizes and justifies the author's classification of the stages of its formation and development, analyzes the impact of this system on the processes of implementation and protection of the system of constitutional rights and freedoms of citizens of the People's Republic of China, identifies and formalizes not only the main problems hindering the development of this system, but also the main directions of this development. The paper analyzes the impact of the social trust system (social rating) in China on the formation and development of behavioral surveillance systems initiated by public authorities in various countries, including the Russian Federation.

Keywords: social trust, system, People's Republic of China, development, prospects, problems, social rating, constitutional, rights, freedoms

DOI: 10.7256/2454-0595.2013.3.62433

Abstract: This article describes pubic law legal entities as particular subjects of law as particular subjects of law that are different from private law legal entities. The author of the article describes common and distinguishing features of public law and private law legal entities and makes a conclusion that in this case differences prevail over common features. Therefore, the author evidently proves the need in marking out public law legal entities as a particular subject of legal relations.

Keywords: description, legal entity, public law, criteria, private law, differences, common features, state institution, state agencies.

DOI: 10.7256/2454-0595.2013.3.62434

Abstract: The author of the article analyzes different classification criteria of administrative treaty obligations. The author studies the variety of forms of administrative treaty obligations and provides her own classification based on the following criteria: description of interests, administrative legal capacity, direct consideration of administrative agreement, delegation of authorities between public service and legislative regulation.

Keywords: administrative agreement, administrative treaty obligations, classification, forms, law-making treaty, direct consideration, public interest, administrative legal capacity, delegation of authority.

DOI: 10.7256/2454-0595.2015.4.13427

Abstract: The subject of the research includes social relations appearing in the result of public (state) management. The article considers various theories of public management definition and its subjects. The author analyzes the functions, aims and goals of public management. When defining the subject matter of public management execution the author emphasizes the inclusion of recognized legal entities of public law as the state authorized entities. Legal entities of public law are considered in the article as subjects executing state administration, particularly exercising administrative authorities and functions. The author uses the comparative-legal metod by means of comparison of different stages in the succession of public management execution; and by means of comparison of different theories of public management. The article considers the construction of a legal entity of public law as a subject participating in the execution of public management. Authorizing legal entities of public law with particular functions and goals of public-authoritative character the state yields its own competences to subordinate branches (executive bodies, the Central Bank, state corporations). Therefore the author suggests the recognition of legal entities of public law as parts of public authority and competences redistribution.

Keywords: state, management, public legal entity, administration, decentralization, subjects, executive authority, competences, responsibilities, redistribution

DOI: 10.7256/2454-0595.2015.4.66309

Keywords: state, management, public legal entity, administration, decentralization, subjects, executive authority, competences, responsibilities, redistribution

DOI: 10.7256/2454-0595.2013.5.62694

Abstract: The article is devoted to the specific features of administrative legal personality as one of the key elements of a public law legal entity. The author provides reasons for a new law on public law legal entities, which shall enshrine rights, obligations and responsibilities of such entities. The public law legal entities should be recognized as collective subjects of administrative law, having certain powers.

Keywords: public law legal entity, administrative legal personality, legal capacity, dispositive capacity, guilt, state bodies, state corporations, state.

DOI: 10.7256/2454-0595.2013.5.62695

Abstract: The article is devoted to the specific features of legal status of self-regulated organizations. Topicality of this issue is due to its controversial character and lack of its studies in the theory of law. The author analyzes the Russian legislation on self-regulated organizations, as well as the views of legal scholars. Additionally, the article defines social and legal nature of self-regulated organizations their public and private law elements, their legal capacity and powers. Based on these studies, the author comes to a conclusion on dual (mixed) character of their legal status.

Keywords: self-regulated organization, non-commercial organization, legal personality, competence, powers, collective subjects, legal entity, regulation, private interest, public interest, legal nature, legal status.

DOI: 10.7256/2454-0595.2016.6.17902

Abstract: The research object is the range of social relations in the sphere of organization and holding of public events in the Russian Federation. The research subject includes the conceptual grounds of administrative-legal regulation of public events. The author considers the peculiarities of the system of administrative-legal regulation of public events, of the mechanism of such regulation, and its stages. Special attention is paid to the comparison with administrative-legal regulation in general, gives the examples of such elements of the system of administrative-legal regulation as administrative-legal provisions, and the examples of administrative-legal relations. The author applies general scientific methods including logical and system-structural, and special methods (method of legal science), including modeling. The author concludes that administrative-legal regulation of public events is a purposeful ordering of management relations and imposition of administrative responsibility in organization, holding and attendance of public events. The conceptual framework of this regulation is its system, mechanism and stages. The reform of this framework will improve administrative-legal regulation of public events in general.

Keywords: public events, demonstration, picketing, procession, meeting, meeting, public events, administrative-legal regulation, legal regulation, administrative law

DOI: 10.7256/2454-0595.2016.6.67902

Keywords: public events, demonstration, picketing, procession, meeting, meeting, public events, administrative-legal regulation, legal regulation, administrative law

DOI: 10.7256/2454-0595.2016.8.19832

Abstract: The research subject is the institution of cadetship in internal affairs agencies, scientific literature and the current legislation which help define the distinctive features of cadetship in higher education institutions of the Ministry of Internal Affairs of the Russian Federation. The research object is the range of social relations starting at the moment of a person’s entry an educational institution of the Ministry of Internal Affairs, during the cadetship and at the moment of its termination. The research methodology is based on the set of general scientific and specific methods of cognition: the system and comparative-legal methods, the method of moving from abstract to concrete and from general to specific. The author considers the conditions and the order of entry into cadetship, the peculiarities of appointment to special grades and assessment, the peculiarities of study and service termination. The author proves the interrelation between and the influence of two spheres of activity – service and education – on the legal position of cadets; reveals the problem aspects of law enforcement practice of cadetship in internal affairs agencies and offers solutions to these problems. The author concludes that such a meaningful and significant part of active subjects of educational relations and service as cadets shouldn’t lack the government’s attention.

Keywords: public service , cadetship , internal affairs agency, student, personnel, service termination, legal position, educational relations, assessment, service

DOI: 10.7256/2454-0595.2016.8.68031

Keywords: public service, cadetship, internal affairs agency, student, personnel, service termination, legal position, educational relations, assessment, service

DOI: 10.7256/2454-0595.2013.9.63188

Abstract: The article contains analysis of normative legal acts on the status of self-regulated organizations. The author presents proposals on improvement of the Russian legislation and formation of a unified approach towards all of the self-regulated organizations in part of providing for their specific features by other federal laws on self-regulation in various spheres of professional activities, establishing the key requirements to standards and rules of professional conduct for self-regulated organizations, administrative responsibility of self-regulated organizations and its officials. The author of the article supposes that above-mentioned measures shall make self-regulated entities in the Russian Federation more efficient by clearer provisions on their legal status in various economic spheres, guaranteeing due control and supervision over the activities of self-regulated organizations and improvement of the quality of their works and services. It shall also allow for a positive influence upon the process of formation of voluntary self-regulation in various economic spheres.

Keywords: self-regulated organization, administrative legal status, legal capability of self-regulated organizations, responsibility of a self-regulated organization, responsibility of officials, administrative responsibility, ability to commit delicts of self-regulated organizations, formation of a self-regulated organization.

DOI: 10.7256/2454-0595.2016.11.19335

Abstract: The responsibility of individuals is a poorly studied object of the constitutional responsibility theory. Among individuals with a special constitutional status of stay in the Russian Federation, should be reckoned all individuals, who don’t possess the nationality of the Russian Federation as a basic right for stay on its territory, and displaced persons. The issues of responsibility of such individuals, resulting from their constitutional status, substantiate the necessity to consider the related legal provisions. To achieve this goal, the author applies the formal-legal and system methods, the methods of analysis and comparison. The author defines individuals with the special and the preliminary constitutional and legal status of stay in the Russian Federation or its part; the grounds of responsibility and the way of their distinguishing from the grounds of application of protective measures; reveals the gaps in legal consolidation of some grounds of responsibility; analyzes the scholars’ positions on recognition or non-recognition of any measures as constitutional sanctions; offers and substantiates her own variant of constitutional sanctions, which can be imposed on individuals with a special status.

Keywords: constitutional and legal sanctions, displaced persons, constitutional and legal responsibility, refugees, special constitutional status, stateless persons, foreign citizens, grounds of constitutional responsibility, deportation, administrative expulsion

DOI: 10.7256/2454-0595.2016.11.68322

DOI: 10.7256/2454-0595.2016.11.20834

Abstract: The research subject is the social relations, connected with the imposition of legal responsibility for the use of the official status during the electoral campaign. The author considers such use of the official status as one of the forms of abuse of rights. The particular attention of the authors of the Constitution of the Russian Federation to the guarantees of the equality of human and civil rights and freedoms has conditioned the appearance of the particular article, devoted to the restraint of use of the advantages of the official status during the elections, in the Federal Law “On the general guarantees of electoral rights and the right to participate in referendum of citizens of the Russian Federation”. The author of the study analyzes various materials of judicial practice, including the decisions of courts of the Russian Federation and the European Court of Human Rights. Special attention is given to the conclusions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The author concludes that when imposing the responsibility for the use of the advantages of the official status in the electoral campaign, it is necessary to assess the frequency, the character, the content and the purpose of these actions. In the author’s opinion, Russian legislation, which doesn’t allow for the compulsory leave of persons, filling state and municipal posts, creates the opportunities of violation of the equal suffrage principle. Therefore, it is necessary to extend this duty to persons, filling state and municipal posts.

Keywords: election, suffrage, court judgement , administrative resource, official status, responsibility, campaigning , election committee , candidate registration, law

DOI: 10.7256/2454-0595.2016.11.68323