DOI: 10.7256/2306-9945.2023.1.39720

Abstract: The digital transformation of modern Russian society requires the introduction of new network interaction tools, the predominant among which are blockchain systems. Cryptographic transformation of information allows some blockchain systems to generate non-interchangeable tokens (NFT). Taking into account this possibility, cryptographically protected NFT tokens allows to create unique digital images of various objects that cannot be copied or shared. These technological grounds allow us to put forward the idea of translating the usual documents on physical media (paper passport, certificates) into the NFT form. Taking into account the goals of digital transformation, the principles of building blockchain systems, as well as the essential features of NFT, the authors put forward the idea that NFT can become a reliable way to store and protect official documents. At the same time, Russian law currently does not regulate the implementation of NFT documents. Therefore, the authors propose to consolidate the legal concept of an NFT document in the provisions defining the status of individual official documents and the procedure for their issuance. By an official NFT document certifying legally significant facts, the authors propose to understand such a document, which is created and issued by public authorities or authorized organizations, and represents a unique set of metadata transformed cryptographically. For the effective implementation of the mechanism for issuing NFT documents and its timely improvement, the authors propose to conduct a law-making experiment to introduce into circulation the procedure for issuing individual official documents in the form of NFT, and further scale the results of the experiment taking into account the analysis of its results.

DOI: 10.7256/2454-0706.2022.6.38049

Abstract: In this article, the author analyzes the variety of lists of subjects of the right of legislative initiative in the Russian regions. The author conducts an analysis of the constitutions (charters) of all regions of the Russian Federation, uses formal legal and comparative methods. According to the results of the study, the author notes that at the regional level, the right of legislative initiative is granted to 46 categories of subjects, which are classified into 4 groups: 1) state authorities and officials; 2) local self-government bodies and their associations; 3) judicial authorities and prosecutor's offices; 4) citizens and public associations. The latter group reflects representatives of the civil and expert community and includes 13 categories of subjects. Based on the results of the analysis of scientific works, generalization of the emerging legal practice, the author proposed the concepts of "civil participation in the law-making (legislative) process" and "expert participation in the law-making (legislative) process". Summarizing the Russian and foreign experience of civil and expert participation in the legislative process, the author confirms that citizens easily support ideas for changing legislation (vote for them), but at the same time have difficulties in converting such ideas into draft laws. With this in mind, in order to increase the professionalism of the preparation of the bill and the openness of its discussion, the author proposed a two-stage model of civil and expert participation in the legislative process, which involves: 1) at the first stage, the development, taking into account the real needs of the draft law, carried out on the principle of professionalism, by representatives of the expert community and (or) public associations; 2) at the second stage, a public discussion of the draft law developed in order to obtain the support of citizens. The author focuses on the need to implement a public discussion of the bill using digital technologies.

DOI: 10.25136/2409-7136.2021.9.36501

Abstract: This article examines the legal regulation of proactive form of exercising administrative activity. In the domestic practice, proactive activity became widespread in 2019–2020. Leaning on the analysis of scientific literature, the author underlines that the content of the principle of proactivity, defined in the existing normative legal acts, reflects the well-known scientific approaches. As a result of the content analysis of normative legal acts, the conclusion is drawn that the principle of proactivity is currently applied in the spheres of social security, public health, tax administration, and state control. The author offers to extend application of the principle of proactivity to the spheres of enforcement of public order, uninterrupted supply of public utilities, and road management. The article summarizes the provisions of legal acts that regulate proactive administrative activity and proposes the structure of elements of its legal consolidation. Among the elements that should be defined by law, the author suggests to include the subjects and objects of activity, as well as the content of administrative action, including technologies and instruments that ensure proactive administrative impact. The normative legal acts that may establish the corresponding elements are the administrative regulations for ensuring state (municipal) services. At the time of carrying out the research, out of 103,000 administrative regulations effective on the regional and municipal levels, only 575 ( 0.6%) indicate the ability or inability of proactive rendering of services. The conclusion is made that in the future the number of such legal acts would increase.

DOI: 10.7256/2454-0595.2021.1.35047

Abstract: This article examines the legal regulation of detection of citizens’ communications on the Internet s that require a response from the government authorities. The relevance is substantiated by the increase in the number of publications on Internet that require a response, as well as by the fact that the corresponding legal relations are not regulated by the Federal Law “On the Procedure for Considering Appeals of the Citizens of the Russian Federation". Since such form of administrative activity obtained a wide circulation in 2020 and needs further research, analysis is conducted on the practice of legal regulation of the indicated questions. The author concludes that the legal acts of all constituent entities of the Russian Federation on this question are similar: they determine the procedure for detection of information that requires a response, its processing, and posting the results of consideration. Analysis is performed on the structure of the subjects engaged in this administrative activity; emphasis is placed on the involvement of nongovernmental organizations in this process. In the conditions of digitalization of administrative activity, many regions utilize the automated Incident Management System to facilitate coordination of all citizens’ communications that require a response. It is noted that the Regional Management Centers have been established for improving the process of detection of citizens’ communications that require a response. Analysis of the system of such relations between the government and the citizens allows continuing research on the problematic issues of working with the Internet resources – falsity of information, anonymous publications, need for immediate response, etc.