DOI: 10.7256/2454-0706.2020.5.32644

Abstract: The subject of this research is the existing in the Russian practice procedures for assessment of projects of normative legal acts from the perspective of their impact upon the social sphere. Analysis is conducted on the interconnection between negative social processes in the Russian society, as well as absence of state interest in assessing social impact of various transformations in the social sphere and their normative manifestation. The author examines the approaches towards assessment of regulatory impact that are established in international documents and conserve as a base for developing conceptual foundation and methodology of assessing social influence, as well as principles that need to be places in the basis of assessment of the regulatory impact in the social sphere. The scientific novelty of this study consists in the fact that for the first time in Russian literature the author poses the problem of the need to assess not only the economic, but also social consequences of projects, solutions and their normative expression. An attempt is made to conceptualize the foundation for such assessment and formulate its principles vase on the existing international law.

DOI: 10.7256/2454-0706.2020.5.43330

Abstract: The subject of this research is the existing in the Russian practice procedures for assessment of projects of normative legal acts from the perspective of their impact upon the social sphere. Analysis is conducted on the interconnection between negative social processes in the Russian society, as well as absence of state interest in assessing social impact of various transformations in the social sphere and their normative manifestation. The author examines the approaches towards assessment of regulatory impact that are established in international documents and conserve as a base for developing conceptual foundation and methodology of assessing social influence, as well as principles that need to be places in the basis of assessment of the regulatory impact in the social sphere. The scientific novelty of this study consists in the fact that for the first time in Russian literature the author poses the problem of the need to assess not only the economic, but also social consequences of projects, solutions and their normative expression. An attempt is made to conceptualize the foundation for such assessment and formulate its principles vase on the existing international law.

DOI: 10.7256/2454-0706.2018.4.26147

Abstract: The subject of this research is the content of the doctrine of “protection of legal expectations” in the countries of general and continental law, and the principle of support of the trust in the law and state actions in the context of the principle of rule of law, recognition of human rights and liberties, natural justice, analysis of the theory and practice of application of general constitutional and branch principles, as well as the issues of their realization (including the principle of the rule of law) in the Russian law with consideration of normativistic legal understanding. The main conclusions of the conducted research consists in the absence of a somewhat formalized system of official views upon relationship between the branches of public authority with the citizens, impeding the realization of the principle of the rule of law and creation of an efficient state administration (which would include the legislative and executive activity, and justice), the declared by the Constitution of the Russian Federation rule of law, as well as recognition and respect of the human rights and liberties. The content of the principle of support of citizens’ trust in the law and state action, formulated by the Constitution Court of the Russian Federation, in contrast to the Western doctrine, first and foremost, does not cover the entirety of the range of relations emerging in the course of realization of authority by the branches of public authority, and secondly, in light of the absence of formalization of this principle in the specific legal norms, it limits the courts in its application.

DOI: 10.7256/2454-0706.2018.4.43147

Abstract: The subject of this research is the content of the doctrine of “protection of legal expectations” in the countries of general and continental law, and the principle of support of the trust in the law and state actions in the context of the principle of rule of law, recognition of human rights and liberties, natural justice, analysis of the theory and practice of application of general constitutional and branch principles, as well as the issues of their realization (including the principle of the rule of law) in the Russian law with consideration of normativistic legal understanding. The main conclusions of the conducted research consists in the absence of a somewhat formalized system of official views upon relationship between the branches of public authority with the citizens, impeding the realization of the principle of the rule of law and creation of an efficient state administration (which would include the legislative and executive activity, and justice), the declared by the Constitution of the Russian Federation rule of law, as well as recognition and respect of the human rights and liberties. The content of the principle of support of citizens’ trust in the law and state action, formulated by the Constitution Court of the Russian Federation, in contrast to the Western doctrine, first and foremost, does not cover the entirety of the range of relations emerging in the course of realization of authority by the branches of public authority, and secondly, in light of the absence of formalization of this principle in the specific legal norms, it limits the courts in its application.