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Publications of Khachatryan Milena Samvelovna
Law and Politics, 2018-6
Khachatryan M.S. - To the question on the actors of public expertise pp. 56-62

DOI:
10.7256/2454-0706.2018.6.20913

Abstract: The subject of this research is the actors of public expertise. The object of this research is the public expertise as one of the forms of interaction between the state and civil society. Having analyzes the norms of the Federal Law “On the Bases of Public Control in the Russian Federation”, the author attempts to determine the groups of the actors of public expertise, analyze the role of each of them in pursuance of the research. Relevance of the topic is defined by the need for establishing the constitutional state in Russia, which is impossible without a viable civil society, capable of constantly and actively engaging in the various activities of the state, using versatile strategies, including the public control. Public expertise is one of the major forms of citizens’ participation in the lawmaking activity of the state, which allows using the intellectual potential of the society for improving the quality of lawmaking. The scientific novelty consists in examination of the actors of public expertise as one of the key elements of its model. The author concludes that the Russian model of public expertise is based on the division of functions between the different groups of the actors of public expertise (initiators, institutors, and experts. Notably, the initiators and institutors in terms of the Federal Law “On the Bases of Public Control in the Russian Federation” are determined by means of recitation, while with regards to the public experts have been established the special requirements, and all actors that meet such requirements can obtain this status. At the same time, the citizens and nongovernmental organizations as independent actors can obtain only the status of expert, due to not featuring the list of initiators or institutors of public expertise. Although, the Section 1 of the Article # of the Federal Law “On the Bases of Public Control in the Russian Federation” claims that the citizens of the Russian Federation can participate in realization of the various forms of public control, including personally. Therefore, the author detects a contradiction, pointing at the need for expanding the list of actors of public expertise (both, initiators and institutors) by including the citizens of the Russian Federation and their associations.
Law and Politics, 2018-6
Khachatryan M.S. - To the question on the actors of public expertise pp. 56-62

DOI:
10.7256/2454-0706.2018.6.43012

Abstract: The subject of this research is the actors of public expertise. The object of this research is the public expertise as one of the forms of interaction between the state and civil society. Having analyzes the norms of the Federal Law “On the Bases of Public Control in the Russian Federation”, the author attempts to determine the groups of the actors of public expertise, analyze the role of each of them in pursuance of the research. Relevance of the topic is defined by the need for establishing the constitutional state in Russia, which is impossible without a viable civil society, capable of constantly and actively engaging in the various activities of the state, using versatile strategies, including the public control. Public expertise is one of the major forms of citizens’ participation in the lawmaking activity of the state, which allows using the intellectual potential of the society for improving the quality of lawmaking. The scientific novelty consists in examination of the actors of public expertise as one of the key elements of its model. The author concludes that the Russian model of public expertise is based on the division of functions between the different groups of the actors of public expertise (initiators, institutors, and experts. Notably, the initiators and institutors in terms of the Federal Law “On the Bases of Public Control in the Russian Federation” are determined by means of recitation, while with regards to the public experts have been established the special requirements, and all actors that meet such requirements can obtain this status. At the same time, the citizens and nongovernmental organizations as independent actors can obtain only the status of expert, due to not featuring the list of initiators or institutors of public expertise. Although, the Section 1 of the Article # of the Federal Law “On the Bases of Public Control in the Russian Federation” claims that the citizens of the Russian Federation can participate in realization of the various forms of public control, including personally. Therefore, the author detects a contradiction, pointing at the need for expanding the list of actors of public expertise (both, initiators and institutors) by including the citizens of the Russian Federation and their associations.
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