Law and Politics - rubric Authority and management

Abstract: The article is devoted to the specific features of transfer of Russia to the open political system and legislative registration of this process, as well as to comparative analysis of formation of democracy in the Western states and in Russia. The author turns to the studies of the conditions, which are necessary to transfer to the open political system and to the democratic political regime. The author then comes to a conclusion that such a transfer presupposes the transformation not only of political and economical system, but also of the system of values in the society.

Keywords: political science, system, synergy, transformation, democracy, Authoritarian, modernization, culture, values, multipartizan system

Abstract: The article is devoted to the nature of veto as an institution. The authors present an original study of the practice of application of veto by the head of the executive branch of the constituent subject of the Russian Federation in order to decline the laws, passed by the legislative branch of the constituent subject of the Russian Federation, taking the Novosibirsk region as an example. In order to improve the quality of the legislative process, to ensure more efficient cooperation of legislative and executive branches of government in the regional legislative process, the authors offer measures to be taken to improve the institution of veto.

Keywords: jurisprudence, administration, veto, interaction, return, governor, law, amendment, constituent subject, court

Abstract: The article includes analysis of the role of the state government bodies in social and cultural development of the Russian regions. The materials are studies, taking the Altai region as an example. The author emphasizes the need for the complex solution for this problem on the part of the system of state government.

Keywords: political science, power, politics, region, problems, development, programs, management, government, economics, code

Abstract: The article is devoted to the problem of right to award. The author analyzes the opinions of scientists on this matters, then formulates her own view on the contents and subjective contents of award legal relations.

Keywords: jurisprudence, award, legal relation, structure, award, contents, obligation, discretion

Abstract: The article is devoted to lobbying as an event, which was born in parliamentary systems. The author analyzes specific features for formation and implementation of lobbying communications in parliamentary bodies of the USA and the GB. The author shows the infl uence of large capitals in formation of large corporate groups in parliaments of the USA and the GB. Then she comes to a conclusion that an American model is more democratic, and is more related to interests of financial and industrial groups, than to the party processes.

Keywords: political science, state, Parliament, politics, power, corruption, legislative draft, the Great Britain, the USA

Abstract: In this article for the fi rst time there’s analysis of formation and development of the institution of obligatory periodic elections in 15 years of its history. Normative improvement of this institution, as supported by practice of election campaigns, took place gradually with various rate of effi ciency at various stages of electoral development. However, there’s still no fi nal solution to disagreements on timely start and fi nish of election campaigns. The author then offers the ways to reform election legislation.

Keywords: jurisprudence, elections, obligatory, periodic, principle, offi cial term, term of election, guarantees, rights, elector

Abstract: The article examines the category of «state property management » from the doctrinal perspective and gives its modern interpretation. In particular, state property management is treated as one of the functions of governmental and municipal authorities. The article analyzes the correlation between state property management and the proprietary rights and explores material and procedural aspects of state property management.

Keywords: jurisprudence, management, state property, public, property, legal rights, owner, state, function.

Abstract: In order to single out the definition of migration policy of the Russian Federation the author of this article analyzes the texts of the addresses of the President of the Russian Federation to the Federal Assembly of the Russian Federation, where the positions of the state leaders were clearly established

Keywords: political science, migration, migration policy, migration management, anthropo-social dynamics, anthropo-stream, extremism, addresses of the President, legal migration, illegal migration

Abstract: The article is devoted to the topical questions of political potential of sports for the political government of the Russian Federation. The author evaluated the political functions of sports in the modern Russian society and state, analyzes the role of the Olympiad for the formation of international and national image of the state. The author finally analyzes the influence and participation of the Russian sportsmen in state executive and legislative bodies, such as the State Duma of the Russian Federation

Keywords: political science, Russia, sports, sportsmen, politics, society, state Olympiad, deputies, government

Abstract: The article is devoted to the current state of civil organizations in Russia. The author turns to the issue of establishing and defining this category of subjects of the political process, gives details on specific features of non-commercial organizations, such as civil organizations, political movements, etc. The author turns to the issue of pro-power organizations, which serve specific political functions, but position themselves as independent civil subjects. Based on accessible statistics and open sociological polls the author attempts to analyze the quantity of real civil organizations, which work in Russia and characterize the conditions, in which they are working

Keywords: political science, civil, organizations, definition, quantity, Russia, non-commercial sector, subjects, society

Abstract: The article is devoted to one of the most topical problems of the modern Russia — analysis of legal regulation of interaction between the public state power and the non-commercial organizations in the sphere of economics. In his studies the author of this article comes to a conclusion that the legal grounds for such interaction should not be limited only with help from the state, since non-commercial organizations are fully capable of participation in some spheres of economics

Keywords: jurisprudence, law, public power, non-commercial organizations, the Constitution of the Russian Federation, economic activity, institution of the civil society, normative legal act, bodies of municipal government, legislation on non-commercial entities

Abstract: In this article the author reviews power as a political category. At all stages of development of human thought various methodological schools tried to explain the phenomenon of power. The author reviews various directions of it interpretation, behaviourism, theologism, structuralism, etc. The author analyzes social nature of power, its relationship with politics, as well as the historical process of formation of the term “power”. Keywords: political science, politics, power, behaviorism, structuralism, legitimacy, society, ideology, state

Abstract: The Federal Law “On special economic zones” provides for four types of special economic zone: technical introduction zones, entrepreneurial and production zones, tourist and recreation zones, port zones. In order to receive the status of the SEZ resident, one needs the agreement for the requisite activity. The scholars vary on their opinions on definition of such agreement. Agreement for entrepreneurial activity provides for the vertical relations between the residents and the state bodies, which allows to single out specific features of the subject of agreement, stages of its conclusion, order of its cessation. Keywords: jurisprudence, definition of agreement, types of agreement, object of agreement, stages of conclusion of agreement, form of agreement, term of application of agreement, preliminary cessation of agreement, SEZ resident, cessation of agreement

Abstract: Municipal property is necessary to keep the local municipality independent. That is municipal government can only exist where there’s municipal property and municipal independence. The municipal property is also key to the realization of the social needs of the local people. Keywords: jurisprudence, law, government, subject, object, property, municipality, people

Abstract: Presence of true local self-government is key to the development of the Russian statehood. And the municipal formations of the Republics of the Northern Caucasus are in an especially hard position. Keywords: jurisprudence, local, municipal government, Northern, Caucausus, mountaineers, Republic, democracy, people’s rule, municipialism

Abstract: This article is devoted to the issues of formation and realization of the legal policy at the level of constituent subjects of the Russian Federation. The author based on experience of other researchers, analysis of normative legal acts, as well as of statistical data, established a number of topical problems of regional legal policy. Much attention is paid to the problem of bringing federal and regional legislation into accordance, and the author also pays attention to the character of legislative initiatives and their scientific grounds. The author also attempts to evaluate the first steps of the regional governments to overcome the crises within the framework of legal policy. Keywords: jurisprudence, regional legislation, law-making, legislative initiative, legal regulation, normative legal acts, deputy, amendments, expertise, law

Abstract: This article includes evaluation of ideology of Russian constitutionalism as the basis for the formation of the full-scale civil society in Russia. He points out, that the activities of the state government based on the Russian constitutionalism ideology and its basic ideas, shall allow not only to duly develop the institutions of civil society and to duly protect it. Keywords: political science, ideology, constitutionalism, civil, society, state, power, democracy, rights, human

Abstract: This article is devoted to the status of the President of the Russian Federation as an ideological institution of the Russian Constitutionalism. The author establishes the definition of state ideological institution, as well as the ideological role of the President of the Russian Federation, taking his addresses to the Federal Assembly as an example. Keywords: political science, President, Constitution, constitutionalism, ideology, institution, power, Address, status, politics

Abstract: The article is devoted to the principles of the separation of powers within the context of ideology of Russian Constitutionalism. From this standpoint, such ideology defines specific status of the President of the Russian Federation as a key ideological institution, system of state institutions, implementing the ideological policy of the state, functional dynamics of the ideological institutions as subjects of coordination and integration of activities within the framework of unified ideological area. Keywords: political science, power, separation, ideology, constitutionalism, President, Constitution, institution, statehood, value

Abstract: This article is devoted to examples of delegation of certain state powers to municipal bodies, which fail to meet the requirements of federal legislation. The author studies key problems of realization of such delegation, and he analyzes the character of the delegated powers in correlation to the realistic possibilities of their implementation at the municipal level, with no harm to the local issues. Keywords: jurisprudence, municipal bodies, municipal government bodies, local powers, normative legal acts, delegation of powers, sub-delegation, financial support, subjects of the Russian Federation, judicial practice, state powers

Abstract: In the sphere of provision of specific state powers to municipal government there are no united and consolidated legal approaches. Considering the variety of characters and powers, various conditions in various constituent subjects of the Russian Federation, it is impossible to establish a particular list of such powers. It is necessary to legislatively provide for the principles for the provision of state powers to municipal bodies.

Keywords: jurisprudence, power, state, municipal government, powers, provision, principle, legality, subsidiary, guarantees.

Abstract: The article introduces an attempt to view concession as a form of public management, which is alternative to the direct state regulation, and then to view concession agreement as a type of administrative legal contract. Keywords: jurisprudence, law, state, partnership, administrative, contract, concession provider, concession taker, regulation, property

Abstract: The Constitution as a complete value model of statehood, which establishes the state power, may serve the symbol of legitimacy of state power. Phenomenon of Russian constitutionalism establishes the value model of Russian statehood as an ideological phenomenon. Legitimacy of state power is established through the correlation of activities of the state power and the ideology of Russian constitutionalism. Keywords: political science, ideology, legitimacy, power, statehood, constitutionalism, value, symbol, Constitution, idea

Abstract: The study of modern models, forms, and mechanisms of processes of interaction of political subjects within the framework of state corporativism is currently possible, only given the detailed analysis of the key parameters of such relations. The key parameter is a political element, as well as norms and legal acts, which allow the state to influence the political subjects and to use market mechanisms for the regulation of national economy. Keywords: political science, politics, political models, political forms, political mechanisms, interaction, state, political subjects, business, state corporativism

Abstract: Specific features of realization of political government in the conditions of globalization. In the conditions of globalization of the post-modern stage the process of implementation of political power is much premeditated by the economical world system, which is based on free movement of capital, development of networks and information relations in business, politics and social sphere. In modern Russia the political government is often not free from pressure of business structures, however the state is oriented to become strong, to form “rules of the game”, to regulate relations between business and government, realization of national interests internationally. Keywords: political science, state, globalization, post-modernism, strategy, political power, free markets, networks, mentality of government and state

Abstract: The article is devoted to the phenomenon of Russian constitutionalism as a state ideology, which is based on five ideas of Russian statehood: democratic, legal, social, secular and jural statehood. The integrated system of knowledge of these ideas is an ideology of Russian constitutionalism. Keywords: political science, constitutionalism, ideology, statehood, constitution, power, government, ideas, knowledge, values

Abstract: The article is devoted to organization and legal aspects of activities of the administrative commissions in the Russian Federation with due attention paid to the legal nature. Analysis of the legislation of the constituent subjects of the Russian Federation, as well as statistical data, which show the efficiency of the administrative commissions, allowed the author to say that they are not sufficiently efficient. The heightening of the quality of their work is directly related to the professionalism of their members, which much depends on the education level. The article includes a number of measures, which are aimed at insuring greater professional level of the commission members, analysis of their practice. Keywords: jurisprudence, administrative law, administrative commissions, administrative legislation, jurisdiction, responsibility, legislation of constituent subjects, federalism, powers, competence

Abstract: The article is devoted to topical problems of recall of the deputy at the municipal level. The recall of the elected person within the system of municipal government is a form of enacting people’s rule, and implementation of the right of people to participate in the affairs of state and municipal units. The possibility of recall allows the people to form more efficient and authoritative municipal bodies, which implement their rights and obligations towards the interests of the local people. Keywords: jurisprudence, law, municipal government, deputy, representative power, recall, municipal law, elections, people’s rule, representation of people, responsibility

Abstract: The new Federal Law of March 2, 2007 N. 25- FZ “On Municipal Service in the Russian Federation” called for amendment of relevant laws of the constituent subjects of the Russian Federation. In this article the author takes the Law of the City of Moscow “On Municipal Service in the City of Moscow” as an example, and studies the problems of regulation of working time of municipal servants, their public status, their payment, guarantees Much attention is paid to the status of a person, who serves as a Head of Local Administration based on contract, legal nature, and limitations to the term of his work. Keywords: jurisprudence, municipal service, legislation, Moscow, position, level, certification, guarantees, contract

Abstract: Review is devoted to some issues of legal regulation of territorial planning in the city of Moscow. It is devoted to some issues of history, formation, realization and actualization of the General Plan of the City of Moscow. Additionally, the analysis includes some features of the City-Planning Code of the City of Moscow in the sphere of realization of General Plan of the City, and territorial planning. Keywords: jurisprudence, general plan, Moscow, city planning, territorial planning, the City-Planning Code of Moscow

Abstract: The article includes analysis of the identity of the modern Russian policy from the ideological standpoint. The political institutions and ideology are viewed as corresponding matters, which, as combined, have a certain political unity. The ideology of the Russian politics is pragmatic approach, which brings it close to the international political mainstream – transnational market radicalism. The conservatism as such does not contradict radicalism, as it is a part of the process of its institutionalization. The characteristic feature of the Russian politics is the primary role of market universalization – integration of Russia into the international institutions, formation of the political identity of Russia at the international arena, as compared to the goals of inner market localization. Keywords: political science, politics, power, ideology, conservatism, liberalism, pragmatism, institutions, elite, communications

Abstract: Status of the MP causes much scientific and practical interest in the modern Russian Federation. A variety of Parliamentary bodies at the constituent subjects of the Russian Federation allows to establish similar and dissimilar features in their structures, organization of their work, status of the MPs, guarantees of their activities. Analyzing and studying the experience of constitutional constructions at the various subjects of the Russian Federation, one may provide forecasts and make propositions for the future development of realization of constitutional principles, including the people’s rule. This article includes an attempt of legal evaluation of the status of a MP of a legislative (representative) body of the constituent subject of the Russian Federation, taking the Privolzhsky Federal District as an example. Keywords: Constitution, legislation, parliament, MP, status, guarantees, people’s rule, elections, constituent subjects of the Russian Federation

Abstract: The social dynamics and the process of development flex the priorities in the local self government and the state government alike. This article is devoted to topical problems of organizational separation of local self-government from the system of state government in the modern Russia. The author also views the theoretical issues of distinguishing the powers at the various levels of government. Keywords: local self-government, municipal, state government, power, government, competence of the state government bodies, competence of municipal bodies, municipal unit, administrative and territorial division, institution of government, constitutional model

Abstract: Regional integration is an integral part of the globalization of economy. However, unlike the process of globalization, integration is always a goal – oriented process, which is coordinated by the Member States. This article by N.A. Remezova is devoted to the review of this process, taking the Eurasian Economic Community…

Abstract: Currently there’s a number of phenomena, which combine state functions and private property, within the single legal subject. The author of this article offers a new model of legal status for the state organs, new type of property – strategic property, new type of legal personality – strategic legal person and the new type of organizational legal form – administrative.

Abstract: The issue of place and nature of deputy immunity within the state mechanism remains topical for the modern society and the process of development of the legal institution of the deputy immunity in the public law is of much interest to the legal scholars, studying the nature of state. This article by O.M. Doronina is devoted to the institution of the deputy immunity.

Abstract: On October 28, 2007, there were both Presidential and Parliamentary elections in Argentina, and the author of this article took part in these events as an expert, communicated with professional politologists and lawyers, as well as with the participants of the election campaign. This review is based on what the author have seen and heard. The main topic of these election was a “female issue”.

Abstract: The lack of mechanism for the administrative legal measures is one of the causes of non-systematic and incomplete character of fighting corruption…This article is devoted to theoretical and practical aspects of such legal measures.

Abstract: The issue of responsibility and irresponsibility of the Deputies within the state mechanism retains its topicality in Russia. This article evaluates immunity and its value to parliamentarism.

Abstract: The federal structure is enshrined in the Constitution of Russia, but according to the author of the article, federalism in our state faces serious problems in reality. The steady centralization of relations between the center and the regions in the late 1990s and early 2000s led to an obvious weakening of the institutions of the federation in Russia and even to their abolition. The article examines the existing problems and prospects for their resolution, as well as some features of the theory of federalism.

Abstract: As A.A. Chechulina notes, there is an urgent need to study and classify various theories of state power, so that they can be used as a basis for a new approach to this term. This article contains critical analysis of seven leading concepts of state power, which need to be studied, if one is to aim to find a unified integration approach to the understanding of the nature of state power.

Abstract: As the author of this article points out, equality of the subjects of the Russian Federation includes not only declaration of equality of rights and obligations of all the subjects of the Federation, but also reference to relations between the subjects and the Russian Federation itself. However, due to amendments to the Federal law “On the general principles of organization of the legislative (representative) government bodies of the subjects of the Russian Federation”, which changed the way of formation of the executive bodies of the subjects of the Russian Federation the above mentioned constitutional concept becomes endangered. This article contains critical analysis of the initiatives of the President of the Russian Federation, which were included into above-mentioned amendments, the author also refers to the issue of importance of regional legislation. The author then comes to a conclusion that a new way of empowering higher executive authorities of the subjects of the Russian Federation is a principle change in the Russian legal system, which may in the end lead to liquidation of regional legislation as such.

Abstract: Making Russia and its organizations more attractive for investments clearly calls for development of intellectual property market, protection of holders of intellectual property, fast and effective judicial protection, and just compensation. That it why this study of new alternative forms of protection of intellectual property including voluntary certification and institution of organization standards is so topical and timely.

Abstract: This article contains analysis of polysistemic crime-related personality study within the framework of procedural status of any particular person and procedural limitations in accordance with the Criminal procedural code of the Russian Federation. Author has studied a number of important factors, classified participants of criminal judicial procedure by their procedural status and their availability for personality study. Author set key goals and issues, provided relevant statistics. The article also contains analysis of a number of procedural situations, which are resolved based on personality studies, general and specific models of limits of personality study within criminal procedure.

Abstract: This article contains analysis of the practice, which shows that generally decisions of the Government of the Russian Federation related to signature of international conventions, or to holding various related negotiations are taken within the realm of constitutional powers of the Government. However, some particular decisions give us serious grounds for finding their legality doubtful…

Abstract: Introduction of temporary financial administration at the subject of the Russian Federation is one of the means for the federal government body to act “in the shoes” of the governments of subjects of the Russian Federation, in accordance with the law of the Russian Federation. This article by A.N. Chertkov includes the study of basis and the ways to implement temporary financial administration, its forms and terms of its execution, relevant powers. The author also provides general constitutional and legal characteristics of temporary financial administration as a part of budgetary reform in the Russian Federation. As the author points out, the norms on temporary financial administration should not become a facually non-existent instrument, but at the same time, it should not be applied too widely on the regular basis to push the bodies of the governments of the subjects of the Russian Federation away from realization of their powers in the budgetary sphere.

Abstract: This article is devoted to the topical issues of dissolution and self-dissolution of the representative body of government in Russian, as a measure of legal responsibility, or alternatively, as means of constitutional legal influence. As the authors point out, in all cases dissolution of the representative body of state government should be viewed as means to overcome the government crisis, as a constitutional way to ensure the continuity of the state government, as an extreme yet necessary measure aimed to overcome the conflict among the branches of the state power.

Abstract: The attitude of scientists towards analogy in law is dubious. The analogy seems close to the Anglo-Saxon system of law (and it is often compared to the precedent), and for this reason some legal scholars representing Roman – German legal system seem to be skeptical towards it and consider that it might lead to violations of separation of powers. Nevertheless, application of norms and principles of law by analogy in the absence of legal norms regulating particular relations is rather widespread in practice. This article by T.A. Trubitsina is devoted to application of analogy of law and legislative act in Russian Federation.

Abstract: Currently the terms of “trade law”, “commercial law”, “entrepreneurial law” are mixed and mingled in legal scholars’ views and the academic curriculum alike. The authors of this article provide their own analysis of correlation of these terms, taking into account the division of law into public law and private law.

Abstract: The current political science includes a number of models of taking political decisions, which aim to single out its various stages and elements. One of the most popular models is cycle-based. This article is devoted to this model, used on an example of the Russian State Duma.

Abstract: What is the cause of the lack of fairness and social justice in the Russian society? Perhaps, it’s unfairness in the sphere of economy ever since 1990, when the economy was privatized. However, if the principle of fairness is not included into the bases of social and political structure of the state, we cannot achieve stability and due state and legal order…

Abstract: One of the key goals of the administrative procedure on applications of people is to ensure the constitutional right of citizens to address the state and municipal bodies on their initiative, and those bodies cannot refuse to give their answer. This article by E.I. Lyskova is devoted to topical problems in this sphere.

Abstract: It is rather complicated to express the administrative-legal prohibition. That is why, study of this institution presupposes evaluation of its various aspects, which, in turn calls for the systemic analysis, as provided by the author of this article.

Abstract: This article by N.P. Timoshina includes comparative legal analysis of the means of formation of the executive branch of state power and its interaction with the legislative branch of state power, with extra attention given to the mechanisms of such interactions and provision of various powers to particular branches of government.

Abstract: In order to ensure efficiency of public relations, many state bodies now have PR –services, which are aimed to ensure mutual communication in order to find better understanding with the community based on truth, knowledge, and being adequately informed. This article by A.O. Djavakhyan includes analysis of goals and roles of such services.

Abstract: Again the Ukaz of the President of the Russian Federation of May 12, 2008 N. 724 changed the structure of the federal executive bodies. And it's the 9th time since 1992, and every time there were quite many amendments along the way. As the author of this article points out, in all those years there was no clear position on the competence of executive bodies.

Abstract: As the author points out, the administrative reform in Russia is closely connected to judicial, economical, municipal, social and other reforms, and should be regarded within their framework. However, it is necessary to keep the priority of the administrative reform as such.

Abstract: As the author of this article points out, the scientific activity is meant to become the leading branch of Russian economy. And the administrative mechanisms are capable of making this process more efficient. The scientific and technical activity may reach great results and attain profitable investments, as well as making labor efficient. What are the administrative prerequisites?

Abstract: Analysis of current regional legislation on local self-government in the cities of federal significance allows to establish differences in organization of this institution in such cities, as opposed to other constituent subjects of the Russian Federation. This article is devoted to singling out the differences.

Abstract: As the author of this article points out, the reform of local self-government in Russia cannot be regarded as particularly efficient and successful. In order to single out the particular problems on the territory of Volgograd oblast, the author held a sociological poll devoted to the separation of spheres of competence of local self-government and state government.

Abstract: Legislative activity is an important power of local self-government, as well as means of realization of its other powers. This article by N.P. Aleshkova is devoted to correlation between the legislative activities of local self-government and other legislative activities.

Abstract: The institution of municipal property as a normative complex remains within the system of Russian law for a rather short period of time, and at the same time, the property relations, which are regulated by this institution came into being at the same time, as the Russian statehood did. It is possible to call community property a predecessor of the modern municipal property. Formation of municipal property in Russia developed in several stages, as a result of decentralization of economics, which allowed to single out municipal government from the stat government. Keywords: jurisprudence, formation, history, municipal, law, formation, legislation, local, municipal government, property

Abstract: The author has analyzed the experience of development of municipal government in the Republic of Sakha (Yakutia) in its historical, legal and organization-based aspects. It is noted that formation of local municipal government in the Republic, as well in the country as a whole, was not without political and legal problems. Keywords: political science, municipal government, relations, toyonate, two-tier, Republic, fighting, model, ulus, formation

Abstract: The author pays attention to the multipartizan principle, which is a new basis for the formation of the Russian parliament. The author also pays attention to realization of legal status of the political party through the provision of deputy (representative) candidates. Analyzing the status of political party in the Russian Federation one may single out several mechanisms, which ensure participation of parties in formation of decisions of municipal government bodies and state bodies. That is why it is quite interesting how state may influence political and party system

Keywords: jurisprudence, people’s rule, Parliament, party, multipartizan, candidate, elections, status, power, bodies

Abstract: The article is devoted to key inner functions of modern forming electronic state. The author attempts to analyze functions of traditional state and key directions of development of electronic state. The article is based on legal acts of the Russian Federation

Keywords: jurisprudence, electronic, information, state, society, functions, inner, Russia, economic, electronic

Abstract: Modern federalism should not be regarded just in one aspect, since it has many dimensions. Improvement of federal relations and their efficiency should be regarded from the position of its systemic elements: political, social, economic, legal, geopolitical, spiritual, cultural, moral. Analysis of problems of federal structure and its tendencies is of supreme importance for Russia, where federalism is now formed on a large scale. It is obvious that there’s need to find efficient legal and political mechanisms, which would reflect the objective need for social development and capability of power structures to implement the federal model in Russia.

Keywords: jurisprudence, federalism, federation, subject of the federation, enlargement of constituent subjects, federal districts, fanthom federalism, state structure, Russian statehood, administrative reform

Abstract: This article is devoted to the natural bases and understanding of political ideology of state power. It is established that through the system of ideological knowledge as a basis for cognitive and value-based model of activities of the state power identification and legitimacy co stat power can be achieved

Keywords: political science, state, power, political, ideology, identification, legitimacy, knowledge, system, values

Abstract: The article is devoted to the analysis of one of the aspects of the current anti-corruption reform: improvement of ethics of state servants. In July of 2009 the President D.A. Medvedev signed a Decree, which had corrected the very principles of service behavior. The author offers his own evaluation of this normative acts and offers ideas for the future development of Russian legislation in this sphere.

Keywords: jurisprudence, ethics of the state service, principles of service behavior, anti-corruption reform, ethical code of the state servants, state service in the Russian Federation, anti-corruption policy of the President D.A. Medvedev, the Ukaz of the Preside

Abstract: The article includes analysis of the issues related to the status of municipal bodies as legal persons. The author points out the contradictions in understanding the category of legal persons in civil law and their correlation to the legislation on municipal government.

Keywords: jurisprudence, municipal bodies, municipal property, types of municipal government bodies, legal persons

Abstract: The article is devoted to the issues of use of the institution of the self-regulated organizations for the purpose of limitation of state interference into the civil law relations. The author, based on the current legislation and legal practice, comes to a conclusion on the causes of lack of interest of self-regulated organizations in execution of state functions of control over the activities of their members, offers the ways to deal with it. The author also offers the classification of self-regulated organizations.

Keywords: jurisprudence, self-regulation, self-regulated organization, licensing, state control, interference of the state, licensing, state control, interference of the state, legal status, classification, arbitration manager, standard

Abstract: Currently the social responsibility (CSR) is understood as a voluntary decision of organizations to participate in the improvement of life in the society and protection of environment. At the business level the definition of stable development corresponds with the concept of social responsibility. Many factors of the formation of social responsibility are charity and patronship, social and economic, and social and marketing programs, sponsorship and investments.

Keywords: political science, social responsibility, power and business, stable development, factors of formation of responsibility, corporate social responsibility, corporate management, protection of the environment, stakeholders

Abstract: The author of this article analyzes the problems of realization of Russian national interests as a dynamic process, evaluates the wide spectrum of alternative programs and doctrines, which are articulated by the leaders of social and political powers, and then comes to a conclusion that the process of realization of national interests in Russia as an integrated expression of vital interests of individuals, society and the state is characterized by contradictory tendencies.

Keywords: political science, politics, state, society, person, modernization, dynamics, national, priorities, unity

Abstract: The article is devoted to the public corporations of the USA. The author analyzes specific features of regulation of these subjects of law under the statute legislation and precedents of the judicial system. Much attention is paid to the influence of the federal structure of the USA on the process of regulation of public corporation.

Keywords: jurisprudence, Government, public, corporation, USA, statute, law, use, society, regulation

Abstract: The article is devoted to legal, procedural, and organizational bases of procedure on complaints of persons and legal entities in the sphere of customs. The authors offer a concept of law “On claims of physical persons and legal entities”, which would allow to solve the existing problems.

Keywords: jurisprudence, process, procedure, jurisdiction, legality, responsibility, stage, customs, service

Abstract: The article is devoted to the problem, which is key to Russian statehood: relations between the society and the government. The author tried to use critical approach to the simplified positions, used in Russian legal science, and he takes into account specific features of the political culture of the Russian society, the position of the Russian people towards the state, power, their political ideals

Keywords: political science, etatism, etatization, sacralization, autocracy, conciliarity, monarchy, Empire, schism, desacralization

Abstract: Implementation of the successful state support policy at the modern stage of development of the Russian society is key to the efficiency of executive branch of state power. As the author of this article points out, this policy should be aimed at regulating legal issues. The article also includes analysis of problems within the awards system

Keywords: jurisprudence, politics, award, elements, protection, practice, awarding, code, foreign, trade

Abstract: The author makes a review of the Confucianism and political government of China in the last 25 years of the XX century and early XXI century. The author establishes the influence of Confucianism on political government of three Chinese leaders. The author also analyzes an important role of the government of China and its political activities

Keywords: political studies, China, civilization, Confucius, Confucianism, Chinese language, democracy, modernization, tradition, culture

Abstract: Throughout the century in the Great Britain and in the USA the practice of participation of public corporations in the process of public government was being formed. The author singles out specific characteristics of the public corporations of the Great Britain and the USA, views the positive experience of administrative activities of the public corporations Port of London Authorities and Federal Deposit Insurance Corporation. Taking them as an example, the author proves that specific public corporations combine in their activities the functions of a number of state bodies, ensure good quality of work for a long period of time

Keywords: jurisprudence, public, corporation, management, the USA, the Great Britain, law, competence, regulation, review

Abstract: The problem of ensuring reasonable balance in the relations of nature and humans comes to a new stage of its development — from recognition by scientists to cognition. Scientific projects in the sphere of setting a right balance between state regulation and self-regulation of social and economic relations becomes key to protection of national interests. The author provides for theoretical and practical bases for self-regulation, shows its value for the innovation development of Russia

Keywords: jurisprudence, law, science, economics, politics, law, self-regulation, theory

Abstract: The analysis of the existing positions on the nature and contents of the subsidiary principle in the mechanism of separation of competences allows the author to characterize it from constitutional and legal positions, to define them, to show their contents, establish the key elements, to define the criteria of efficiency, to formulate the key conditions for their implementation in the Russian Federation.

Keywords: jurisprudence, federal state, federal relations, the subsidiary principle, complimentary, interchangeable, separation of competences, centralization, decentralization, the Russian Federation

Abstract: The article is devoted to formation and development of the institutions of the civil society, their interaction with the state power structures, growth of efficiency of social control.

Keywords: jurisprudence, society, state, control, institutions, district, formation, development, chamber, interaction

Abstract: The article is devoted to social control over the activities of the municipal self-government bodies. The author analyses the definitions of key elements of social control, points out a number of problems and ways to solve them. Much attention is paid to such as form of social control as evaluation of efficiency of activities of the municipal self-government bodies.

Keywords: public control, municipal services, local authorities, efficiency evaluation, evaluation criterion.

Abstract: The article is devoted to the analysis of the issues related to the possible participation of citizens in the formation of the executive branch of government. Based on the analysis, the author comes to a conclusion that such chances are currently minimal. However, a mechanism of feedback is necessary. That is why the author offers to develop the mechanisms for expression of distrust to an official by the people, and such distrust should lead to him losing his position.

Keywords: jurisprudence, managing state matters, formation of executive branch of government, feedback, callback of elected officials, loss of official position, distrust, public officer, addresses of the people

Abstract: The article is devoted to the combination of peculiarities of normative legal regulation of the institution of public service in the USA from the point of view of combining negative and positive regulation, establishing powers and legal status of public offi cials, application of the Westminster model, as well as the role of the system of provision of positions in the effi ciency of the institution of the public service as such. The author then shows positive and negative features of proportion of positive and negative means of regulation, which are used in the USA, then he comes to the conclusion on effi ciency of specifi c components and the whole complex of this system of regulation.

Keywords: jurisprudence, public, service, USA, legal, regulation, specifi c features, positive, negative, Westminster

Abstract: The article is devoted to constitutional responsibility as a key element of legal status of the deputies of the legislative (representative) bodies of the government of the constituent subjects of the Russian Federation. The author then shows the blanks in regulation of constitutional responsibility of this category of persons, as well as shows the ways to improve the legislation, which regulates this legal institution.

Keywords: jurisprudence, responsibility, constitution, deputy, representation, status, mandate, offence, control, recall.

Abstract: Studies of scientific literature, norms of current legislation and practice of various enterprises all show that currently it is considered that market regulation of economy is sufficient, and that the state regulation is outdated and one could go without it in solving of the problems of social and economic development of the state. This article is devoted to problems of state regulation of economy within the framework of combined methods of state and market regulation.

Keywords: Yurisprudentsiya, Gosudarstvo, Ekonomika, Modernizatsiya, Innovatsii, Regulirovanie, Triada, Apropriatsiya, Prognozirovanie, Planirovanie

Abstract: Modernization of legislation in Russia, which took place in last five years, caused much social controversy. Many of these reforms, while being positively oriented, cause negative reaction in the society, including the reaction of professional community. Due to this fact the author of this article attempts to characterize the legal policy of the Russian state in the sphere of education as an independent state event.

Keywords: Yurisprudentsiya, politika, obrazovanie, obshchestvo, upravlenie, gosudarstvo, modernizatsiya, standart

DOI: 10.7256/2454-0706.2019.11.31562

Abstract: The Russian Federation launched a pilot program referred to as “Far Eastern Hectare”, aimed at reducing migration of population from the Far East and encouraging Russian citizens to live and work in the Far East Federal Okrug. Based on the analysis of social polling, the article identifies several issues of implementation of the Federal Law No. 119 from May 1, 2016 “About features of provision to citizens of the parcels of land which are in the state-owned or municipal property and located in the territories of the subjects of the Russian Federation which are part of the Far Eastern Federal District and about modification of separate legal acts of the Russian Federation”. The article utilizes the results of Russian national and regional social inquiries, illustrating key problems with implementation of this program. It was determined that the legal regulators at this stage of implementation of the program do not always account for the social factors. The research demonstrates that people interested in participating in this program require certain measures of state support, including coverage of transportation and household expenses for the initial period of settling in the new territory. The current law targets the active portion of the population, while the vast majority of interested citizens require social guarantees from the government.

Keywords: social problems, business, migration, demographic policy, gratuitous use of land, development of the Far East, land right, land relations, provision of land, regional policy

DOI: 10.7256/2454-0706.2023.5.40659

Abstract: The author examines the existing control powers of state bodies on the basis of the norms of the Constitution of the Russian Federation. It is preceded by an analysis of the state control (supervision) currently carried out by federal state bodies, a brief historical overview of the state control bodies of the Soviet period. The proposals for improving modern state control (supervision) are formulated on the basis of the policy statement of the President of the Russian Federation, expressed at the meeting of the XXV St. Petersburg International Economic Forum, held in 2022. The opinion is expressed on the need to restore people's control over the activities of state bodies, for which the relevant proposals are set out. The article consists of an introduction and three parts, in which, on the basis of numerous normative legal acts, it is concluded that there is no control of the people in the modern Russian state over the activities of state bodies, as well as over the activities of local self-government bodies. It is recognized as necessary to restore people's control under the name of either "people's control of public power" or "public-political control".

Keywords: public authorities, state bodies, President of the Russian Federation, people's Control, state control, The Constitution of the Russian Federation, the Parliament of the Russian Federation, the Accounting Chamber, the Public Chamber, the organs of democracy

DOI: 10.7256/2454-0706.2023.10.44067

Abstract: The subject of the study is public-private partnership as a legal category. It should be noted that the introduction of the PPP system into the Russian legal system (practice) has become one of the most important decisions taken by the government to stimulate the economic growth of the country. The authors analyze the essence and interpretation of public-private partnership as a complex economic and legal phenomenon that constitutes the interaction of the state and private sector entities in the framework of the implementation of socially significant projects. The research methodology is based on the use of general scientific and private scientific methods (analysis, comparison, generalization, etc.), methods of studying the genesis of the phenomenon, interpretation of the structure and content of political and legal doctrines, as well as comparative and structural analysis, allowing to reveal the essential characteristics of the phenomenon under study. As a scientific novelty, the authors propose a number of additions to the Federal Law-224, including an augmented approach to the definition of public-private partnership. The authors noted that the criterion for generating goods (public, as well as mixed and mixed communal goods), in particular, during the implementation of other forms of agreements, should become a criterion for separating other forms of agreements between the state and representatives of the private sector – economic entities and what can (should) be classify it as a quasi-PPP, and the presence of 2 other signs is a dividing line between a quasi–PPP and a "full-fledged" public-private partnership.

Keywords: benefit, society, law, consumption, project, communal benefit, public good, private partner, state, public-private partnership

Abstract: The adoption of the Constitution of the Russian Federation in 1993 can with good reason be considered the beginning of a new stage in the formation of urban self-government in Russia. Naturally, the very format of the Constitution of the Russian Federation does not allow to formulate the issues considered in it with sufficient detail for practical application. Therefore, speaking, including about local self-government, the developers of the Constitution of the Russian Federation limited themselves to introducing fundamental principles into its text, taking into account which the relevant legislation should have been adopted…The implementation of these principles in Russian legislation is considered by Yu.M. Alpatov.

DOI: 10.7256/2454-0706.2013.1.51893

Abstract: The article is devoted to the problem of extending the boundaries of the role of the constituent subjects of the Russian Federation in the domestic policy of the state, since one of its most important means is an optimal distribution of objects of competence between the Russian Federation and its constituent subjects, and among the state government bodies on various levels. The author offers a number of measures aimed to strengthen the role of the constituent subjects of the Russian Federation.

Keywords: jurisprudence, objects of competence, powers, constituent subjects of the Russian Federation, treaty, agreement, domestic state policy, distribution, the Constitution of the Russian Federation.

Abstract: Professor I.I. Lukashuk’s article is devoted to the study of nature and role of jus cogens norms within the framework of modern international law, their correlation with the public order and freedom of international conventions. This article contains detailed analysis of positions of states and leading legal scholars on this issue. Then Professor Lukashuk comes to a conclusion that while in the past the system of international relations did not reach the sufficient level of organization to create social and political basis for existence of the set of jus cogens norms, after the war, the new international legal order was established. The international community accepted the public order based on jus cogens norms of international law, so international conventions should not contradict this order, which is aimed to avoid use of force in the international relations.

DOI: 10.7256/2454-0706.2013.7.7246

Abstract: The article concerns itself with the issues of formation of the state power in the democratic rule-of-law state. Much attention is paid to the aspects of interaction of the state power and civil society through the prism of social and legal culture. The interaction of social culture and state power in the conditions of modern transformations is pointed out. The author supports the position on the key role of historical mental peculiarities of the people and social culture of the society in the process of formation of the legitimate state power. Keywords: jurisprudence, state, power, culture, mentality, civil society, democracy, transformation, legitimacy, law.

Keywords: jurisprudence, state, power, culture, mentality, civil society, democracy, transformation, legitimacy, law

DOI: 10.7256/2454-0706.2013.6.7212

Abstract: In the 1990s a number of superpresidential Latin American republics took steps towards more balance in the sphere of separation of powers. This experience is quite relevant for us, since, as some tend to think, a number of post – Soviet republics, namely some middle – Asian post – Soviet states are superpresidential, and so is the Russian Federation, since the Russian President enjoys a wide scope of powers…

Abstract: The Constitution of the Russian Federation does not contain an unambiguous answer to the question: in whose jurisdiction is the sphere of normative legal regulation of the state civil service. Prior to the adoption of Federal Law No. 58-FZ of May 27, 2003 "On the System of Public Service of the Russian Federation", many scientists believed that public service could be attributed to the sub-branches of administrative legislation, and therefore to the subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation. Some experts reasonably believed that this question does not have an unambiguous interpretation. In the article by S.V. Kachushkin, this issue is considered, an analysis of legislation is given.

DOI: 10.7256/2454-0706.2013.6.7194

Abstract: The value of the Prosecution within the scope of ensuring the national interests of the Russian Federation is due to the legal status of the Prosecution bodies, it character and correlation to the state power bodies, the importance of its functions. This article concerns itself with the strategic aspect.

DOI: 10.7256/2454-0706.2013.6.6744

DOI: 10.7256/2454-0706.2013.1.51894

Abstract: Based on the analysis of the Constitutions of the Republics and the Ustavs of the other constituent subjects of the Russian Federation, as well as the current regional legislation, the author studies the definition of territory of the constituent subjects of the federation as an object of their application. It is noted that the limits to the independency of the constituent subjects are understood in a variety of ways. The author singles out four approaches towards territory in regional constitutional (Ustav) regulation: geographical, administrative territorial, municipal territorial and lack of regulation. Having analyzed the geographical approach, and noting the variety of formulae in the relevant legislation, the author comes to a conclusion that the territory of a constituent subject includes dry land, domestic waters, the aerial space over the waters and land, as well as the subsoil of the constituent subject. This position is supported by the issues of shared competence of the Russian Federation and its constituent subjects according to the Constitution of the Russian Federation. The author points out that administrative territorial approach is characterized by provision for administrative territorial objects with no geographical references. The municipal territorial approach is characterized by mention of municipal formations within the territory of the constituent subject. It is noted that most of the constituent subjects fail to define territory in their basic laws. Then the author comes to a conclusion, that it is necessary to harmonize the legislation of the constituent subjects of the Russian Federation in the sphere of defining their territory.

Keywords: jurisprudence, territory, constituent subject, federation, Ustav, dry soil, waters, air, unit.

DOI: 10.7256/2454-0706.2022.11.39308

Abstract: The focus of this study is public relations pertaining to the implementation of specific principles governing the establishment and operation of public authorities at various levels. The analysis centers on the principle of electing officials for legislative bodies at the state and local self-governance levels, as well as the heads of Russian Federation regions. The author explores the transformation of principles guiding the actions of public authorities by examining the interplay between public and private interests within the structures of power. Special attention is given to the principles of upholding citizen trust in state actions, the preservation of individuals, and the accountability of authorities to voters (including the institution of recalling elected officials). The study's key findings propose the incorporation of educational qualifications for officials in federal and regional government bodies into legislation. It is deemed appropriate to establish a requirement of higher education for individuals seeking positions such as state leaders, regional heads, and legislative deputies. Additionally, mechanisms for recalling all elected officials should be established in legislation, enabling the population to remove dishonest officials who fail to uphold the trust placed in them. Given demographic challenges, it is also advisable to enshrine the principle of safeguarding the well-being of individuals in the activities of public authorities.

Keywords: deputy, responsibility, assignability, electability, principle, public authority, government agency, representative body, feedback, legitimacy

Abstract: In the 1990s the superpresidential republics of the Latin America (such as Brazil, Argentina, Peru) took steps towards a more balanced separation of powers. The analogy is clear, since many of the post-Soviet states (and some think – the Russian Federation as well) are obviously superpresidential…

Abstract: In the process of studying the problem of forms of management, many scientists wondered if, before using the contract, state-management relations were built vertically, then with the use of agreements, whether such relations would not establish a contractual regime inherent in private law, and therefore upset the method of regulating administrative and power relations, since "we should not forget that horizontal relations are not capable of being a direct form of implementation of executive power"…

DOI: 10.7256/2454-0706.2013.6.6587

DOI: 10.7256/2454-0706.2021.2.34744

Abstract: The object of this research is the legal relations in the area of exercising rights by parties and individuals, while the subject consists in the legal norms establishing the legal position of citizens and parties in the sphere of electoral law, as well as norms regulating the order of organization and electoral process in the Russian Federation. The goal of this article is to use a comprehensive interdisciplinary political-legal approach to determine problems in legal regulation of organization and process of elections in the Russian Federation, determine defective positions and gaps in the legislation, as well as make proposals on improving participation of parties in elections. The authors believe that in modern Russia the time for political transformation has already been lost, and we will see a drastic change of economic and then political elites. The only way to prevent forceful usurpation of power among other manifestations of extremism is to create environment and mechanisms for indiscriminant access to elections for a broad scope of sociopolitical powers through corresponding changes in electoral legislation. The proposed measures on improving legislation on deputy elections to the representative branches of government and local self-governance are aimed at prevention of abuse of subjective electoral rights (electoral mechanisms). Among them are countermeasures for usage of “gray” electoral techniques and creation of new legal regulation of participation in elections of collective political subjects (political actors) as parties, as well as increasing the role of non-parliamentary political parties in electoral process and revision of particular provisions of the right of party preferences.

Keywords: selective Association, the voter, political actors, electoral district, party leader, public Association, political party, elections, electoral system, electoral bloc

Abstract: The author of the article views the institution of municipal self-government in the conditions of the federal Russia. The article includes analysis of constitutional and legal bases of this institution, process of reform of municipal self-government, legislative grounds for this process, problems, which arise in the way of the municipal reform, as well as their possible solutions. The author then points out the value of the institution of the municipal self-government.

Keywords: political science, municipal self-government, decentralization, federalism, municipality, municipal reform, legislation, levels of power, people, the Russian Federation.

Abstract: Solution of the key problems, as pointed out by the President of the Russian Federation and set forth for the Plenipotentiaries, calls for cooperation on the part of other state powers and bodies and municipal structures. For this very reason the activities of consultative and advisory bodies gains much topicality. This article by K.V. Cherkasov is related to the existing practice in this sphere.

DOI: 10.7256/2454-0706.2020.11.34644

Abstract: The subject of the study is the level of civic activity of Vologda Oblast residents in the public life of the region. The research is based on general scientific, interdisciplinary and private scientific methods. In the course of the study, an online questionnaire survey was used as a quantitative research method for data collection; data analysis methods used in the course of studying the subject of the study: statistical analysis, interpretation. The empirical part of the study presents the chi-square method, one-dimensional data distribution and correlation analysis. The methodological basis of the study was societal neo-institutionalism. The purpose of this study is to assess the level of civic activity of residents of the Vologda Oblast. Based on the conducted research and the theory considered, the following conclusions were drawn: the majority of respondents have a significant level of unrealized political activity, while they are distinguished by a fairly high level of readiness for mobilization within civil society, which can be implemented not only in the framework of constructive activities, but also destructive with the accumulation of unrealized political participation. Respondents showed a low level of participation in public life, which indicates incomplete realization of their mobilization potential, social capital is not used sufficiently. There is a connection between the level of knowledge of the authorities in the areas of responsibility of the LSG bodies and the assessment of their activities. Also, the level of knowledge of authority is related to the level of trust in the head of the municipality. Groups of respondents with this knowledge mostly trust the head and evaluate the work of the LSG bodies higher than do the groups of respondents who stated the lack of this knowledge. The civic activity of residents of the Vologda Oblast as a whole is characterized by high indicators of readiness to work in public organizations, but at the same time weak indicators of involvement in public life.

Keywords: political behavior, socio-political activity, protest activity, democratic institutions, civil society institutions, aerobatic research, MSU, Vologda region, Political participation, Civic engagement

DOI: 10.7256/2454-0706.2013.1.51895

Abstract: The article is devoted to the study of the borders of the constituent subjects of the Russian Federation: their definition, legal status and functions. Much attention is paid to the legal provision on such borders. The author offers to provide special laws of the subjects of the Russian Federation on the borders between the subjects and to include detailed cartographic data into the appendixes to such laws, so that there would be no disputes. She also offers to resolve disputes between the subjects of the Russian Federation by treaties, which would be ratified by the Council of the Federation of the Federal Assembly of the Russian Federation.

Keywords: jurisprudence, federalism, constituent subject, border, territory, law, status, Constitution, delimitation, demarcation.

Abstract: In this article A.F. Baykov discusses topical issues related to theory and practice of Russian legal ideology. Author reviews such issues, as possibility of creation of a new legal ideology, basic values, which can form the foundation of the Russian legal ideology, ways of development of legal ideology and criteria for its evaluation.

Abstract: Author of this article Professor Cristine Laserge is renowned for her participation in politics and legislative work, and is teaching at the Paris University. This article is published as part of her work with the Russian students, which is based upon the agreement between French and Russian universities. This article contains detailed analysis of provisions of the Criminal Code of France “in motion”, which allows us to see a “full picture” of its modernization, which was started, but is not yet finished. We are assured that Professor Laserge’s article shall be of great use and interest for both legal scholars and for practitioners.

Abstract: The Constitution of the Russian Federation provides for the possibility of using international legal mechanisms in the protection of law. Thus, in accordance with part 4 of Article 15, the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. Moreover, if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply. Part 3 of Article 46 of the Constitution of the Russian Federation provides that everyone has the right, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. As the author notes, both mechanisms provided for in the Russian Constitution are actively applied to the protection of the right to exercise local self-government in the Russian Federation, the article provides a more detailed analysis of the above aspects, examines the judicial practice of both the Russian and the European Court of Human Rights.

Abstract: The Russian Orthodox Church and its Moscow Patriarchy is undoubtedly the largest and the most influential religious organization of the modern Russia. Currently the church hierarchs are integrated into the political elite of the Russian state and interacts with many government bodies. On the other hand, the Russian Orthodox Church tries not to take open political actions. While the Church’s decisions are rather authoritative towards both the clergy and the congregation, they lack the state power elements.

DOI: 10.7256/2454-0706.2019.6.29907

Abstract: Based on the analysis of a number of documents (Biotechnology Development Policy of 2007; Law No.9279 of May 14, 1996 “On the Industrial Property”, revised in 2001),implementation of several projects of São Paulo Research Foundation (FAPESP), this article examines the experience of development of biotechnologies in one of the BRICS countries – Brazil. It strongly depends on the international legal regime of biotechnologies; thus, when Brazil joined WTO in 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) became obligatory, although the provisions significantly differed from the current at the moment legislation in the area of intellectual property of Brazil. The author explores the issues it caused from the perspective of the American practice of settlement that is foreign for both, Russia and Brazil. The scientific novelty lies in a comprehensive analysis from the standpoint of law on intellectual property of Brazil’s approach to organizational and legal arrangement of biotechnology development in the context of international legal regime created by TRIPS, with consideration of the American experience. It is concluded that the provisions of the acting Biotechnology Development Policy of 2007 testifies to the fact that the Brazilian government understands the need to enhance protection of intellectual property for the development of biotechnological sector.

Keywords: industrial property, TRIPS, WTO, biotechnology development, scientific information, Brazil, BRICS, patents, ONSA, FAPESP

Abstract: A deputy, a head of a municipal structure, as well as other elected local government officials represent the interests of the people of a certan municipal center. However, representation means more than just passing the power of the people to an elected official. Representation is an official expression for trusting one with acting upon the will of the people. What are the constitutional legal bases for representation at the municipal level?

Abstract: The article is devoted to the analysis of the legislation of the French Republic, which regulates organizational and functional aspects of the prefectures of the department level in France, taking the prefecture of Morbihan. The author studies the changes in the inner organization of the prefectures in the dynamics of the two latest decades, which show the decentralization of prefectures. The author then provides brief characteristics of key directions of the activities of the prefect services.

Keywords: jurisprudence, prefect, department, management, bureau, structure, function, prefecture, France, decentralization.

DOI: 10.7256/2454-0706.2018.4.25501

Abstract: This article is dedicated to substantiation of the possible use of ideology in public administration. The current situation in public administration is described as an information crisis that is a result of a large volume of information used in adoption of an administrative decision. In the course of social development, the character of such situation will be complicated due to the acceleration of information production. At the same time, the existing means of optimization of administration, for example mathematical modelling, can be applied in the everyday administration. In terms of considering the public administration from the perspective of the theory of decision-making, its optimization can be achieved through the reducing the entropy of the situation of choice of goals aimed at solution of the problematic situation. It implies that the chain of decision-making contains an additional section – the establishment of correspondence between the goals aimed at solution of the administrative problem and the positions of ideology. The author believes that in order to ensure optimization of public administration, the ideology must be viewed from the perspective of the systemic-information approach, as it can form the scientifically substantiated representation on the degree of orderliness, information capacity, and possible clarification and adjustment of the ideas comprising the conceptual foundation of ideology. The interrelation between the administration goals and values contained in ideology can be considered as a dynamic system, within the framework of which the goals form a factor of variability in such system, while the value forms a factor of sustainability. A conclusion is made that the desire to exclude ideology from public administration is the measure that increases the difficulty of administration.

Keywords: self-organization, optimization, information crisis, target-value system, system-information approach, public administration, goal-setting, ideology, decision-making, automated control systems

Abstract: The sphere of currency regulation in international economical law possesses all the features of modern international economical and legal regulations. As V.A. Trapeznikov notes, this sphere clearly shows signs of “supranationality”. This article contains analysis of modern condition of currency regulation in international law.

Abstract: Reform of the legal institution of plenipotentiaries of the President of the Russian Federation, dating back to 1991, via creation of the federal districts, was probably one of the most important measures aimed at improvement of coordination of the government in Russia in the recent years. This article by A.N. Chertkov, I.V. Plyugina is devoted to the history of the institute of federal plenipotentiaries, its development, historical analogies and existing problems…

Abstract: The development of the economic crisis in Russia has led to a tightening of the struggle for profits and cash. The formation of large corporate structures has begun, the struggle between which now covers all aspects of Russian life. Today, the sources of financial resources are export-import operations, which still bring significant profits, banking and financial operations, direct budget subsidies and preferential loans, tax incentives, preferential export-import tariffs, privatization of state property. This list dictates the directions and methods of lobbying industry groups. In the conditions of the current state structure of Russia, there are four main areas of lobbying: the Office of the President of the Russian Federation, the Government of the Russian Federation, the Federal Assembly (the State Duma and the Federation Council), the region (subjects of the Russian Federation, local authorities)…

Abstract: Historical experience in the sphere of state, community and rural self-government, which has been accumulated over thousands of years of development of human society, plays a great role in understanding of the genesis of state and law as a whole. This work by L.T. Chikhladze is devoted to the issues of municipal history, and also to a lenghty and contradictory process of formation of local government and self-government of various European states, as mirrored in their modern conditions. Author also views municipal issues related to the NIS countries, as well as problems of centralization and decentralization, of concentration and deconcentration.

DOI: 10.7256/2454-0706.2014.1.10452

Abstract: This article by E.S. Shugrina is devoted to analysis of specific features of disciplinary liability of municipal servants under the legislation on municipal service. The author studies a number of examples, falling under various categories. As E.S. Shugrina points out, in a number of subjects of the Russian Federation the disciplinary liability follows if a municipal servant failed to perform his duties or performed those duties unduly, while in some regions disciplinary liability follows from the violations of professional ethics, yet in some subjects of the Russian Federation all of the above lead to disciplinary liability.

Abstract: The Constitution of the Russian Federation establishes in Part 3 of Article 11 that "the delimitation of subjects of competence and powers between the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Russian Federation is carried out by this Constitution, federal and other agreements on the delimitation of subjects of competence and powers." This formulation has given rise to significant disagreements between representatives of legal schools and political movements with different points of view on the nature of Russian federalism. The essence of these disputes lies in the different interpretation of the relationship between the Constitution of the Russian Federation and treaties on the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the subjects of the Russian Federation ... these disputes have practical significance.

DOI: 10.7256/2454-0706.2014.1.52134

Abstract: The purpose of this article is to develop a theoretical ground for a clear, coherent understanding of the nature of public policy sources, as an extraordinary political and legal phenomenon. The subjects of the research are major scientific approaches to understanding the nature of public policy sources and the common factors of the functioning of their system, defining the place and role of legal acts in modern work. For this purpose, a thorough analysis of modern legislation, materials of political practice and the scientific publications dedicated to the issues of policy and law has been performed. A complex of general scientific and special methods of scientific knowledge, optimal from the view of research objectives, was used while writing the article, including formal-logical, logical-legal, logical-semantic, comparative-legal methods and others. On the basis of the critical realization of socio-legal reality and existing scientific concepts, the author’s vision of public policy sources has been formed as the systems of legal and political acts, reflecting the contents of the state policy. A range of public policy sources has been delineated, their main types and varieties have been established and the place of legal acts in their system has been defined.

Keywords: state, politics, law, legal act, source, power, authority, administration, public management, concept and establishment.

Abstract: This article by. S.V. Ptchelintsev contains analysis of various materials (including positions of renowned Russian and foreign legal scholars), which allow the author to come to a conclusion that limitation of rights and freedoms is necessary for an optimal balance of interests of state, society and individual. As the author notes, this problem becomes especially topical in the emergency situations, when, on one hand, it is necessary to protect rights and freedoms of physical and legal persons, as provided for by national and international law, and on the other hand, it is necessary to limit these rights and to impose additional restrictions and responsibilities in order to neutralize an emergency situation or to mitigate its consequences.

DOI: 10.7256/2454-0706.2018.7.20669

Abstract: The subject of this research is the scientific sources characterizing the system of traffic security. The object of this research is the legal relations, occurrences and processes that form in state provision of traffic safety. Having analyzes the scientific literature the author expounds a brief content of elements that characterize the concept of state administration of the traffic security through examining administrative relations between the subjects of the system of traffic safety and objects of administrative influence, as well as mutual connections between them. The author turns attention to the fact that despite the systematic use of the term of the system of traffic safety in scientific literature, this category is not defined by a legislator, and the existing scientific positions are either contradictory reflect the characteristic of the explored public relations from the perspective of the separate branches of law. The scientific novelty is expressed in the suggested classification of the system of traffic safety that consists of a number of subsystems formed by functionality attribute, analysis and determination of the functions inherent to the examined system. A conclusion is made that the system of traffic security suggest not only a simple objective existence of the government authorities, self-governance, and civil society institutions (in broader meaning, the legislative and judicial branches), which are the subjects of the administrative impact on public relations in the area of traffic, but rather their stable, organized, mutually conditioned activity, which is based on strategic administration and aimed at implementation of achieving the goals of traffic safety that in general sense are reduced to prevention of the causes of traffic accidents and mitigation of their consequences by means of the unified state policy.

Keywords: subjects of administration, state administration, system functions, system attributes, traffic safety, system of traffic safety, objects of administration, legal relations , traffic, provision of safety

Abstract: In this article N.Y. Erpyleva reviews the sources of the international commercial law, nature and forms of international commercial contracts, their key provisions, responsibility of the parties for breach of contract in accordance with the Vienna Convention of 1980 (CISG), types of contracs in accordance with the INCOTERMS 2000. The article also contains analysis of court practice and arbitration practice in the sphere of the international commercial law.

Abstract: Throughout the Russian history, including the Soviet period, foreign trade has been playing an important role in solving social and economic problems of the state. This article contains analysis of the foreign trade sector of the Russian economics and its elements: institutional (organs and institutions, taking part in foreign trade regulation) and functional (instruments and methods of regulation).

Abstract: Finding an adequate solution to the problems and contradictions, related to the functioning of federalism in Russia is of paramount importance for its fortune. It is related to dealing with problems of “level of living”, development of economy, migration problems, as well as to the global problems, such as fighting terrorism. Authors of this article try to study both theoretical and practical aspects to this issue, and they claim that their approach to it is novel.

DOI: 10.7256/2454-0706.2019.12.31849

Abstract: This article examines the symbolic practices of formation of Soviet identity in film footages and documentary photographs. The concept of Soviet identity is analyzed from the perspective of emergence of the new type of legal culture, which leans primarily on the doctrinal sources underlying the Marxist teaching on the socialist type of society, as well as in relation to the concept of Soviet constitutionalism. It is underlined that visual practices and representations allowed the Bolsheviks restructure the existing type of relationships between the former nationals of the Russian Empire and state authority based on establishment of the efficient horizontal model of participation in the political affairs, grounded on the mass agitation and propaganda of Soviet values comprising the Constitution of the working class. The research methodology contains the qualitative sociological analysis of visual materials and documentary sources, therewith the concept of Soviet identity is interpreted through the lens of cultural-anthropological concept of symbolic policy and the notion of metanarrative G. Gill).The main conclusions of the conducted research consist in the presence in the official state visual policy of identity of the early Soviet period of key concepts represented in the form of the mass collective actions: proletarian dictatorship, Soviet Constitution, commune, and others. The discourses on the formation of Soviet identity include the opposition to global imperialism, enemies of the revolution, and praise of labor as a community-building force of the proletarian state. The scientific novelty lies in the use of methodology of visual analysis of video footages as a source of interpretation of the Soviet symbolic policy and ideological activity.

Keywords: dictatorship of the proletariat, Sovietism, metanarrative, public holidays, visual propaganda, Soviet identity, commune, symbolic politics, film documents, October Revolution

DOI: 10.7256/2454-0706.2022.10.39094

Abstract: The article is devoted to the issue of the election and appointment of the head of the municipality, which occupies a central place in the institute of municipal people's representation, representing the municipality in the domestic and international arenas, the interests of residents of the territories. The subject of the study: the norms of the Constitution of the Russian Federation, Federal Law of 06.10.2003 No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation", the provisions of Draft Law No. 40361-8, scientific doctrine on the issue under study. The purpose of the study is to analyze the ways of electing the heads of municipalities "by competition" and "on the proposal of the governor". The methodological basis of the study: general scientific and private scientific methods, a special place in the study is given to the methods of content analysis and right-theoretic modeling. It is established that the "competitive model" (introduced by the legislator in 2014 for the election of heads of municipalities) deprived the local community of the opportunity to directly choose their mayors - through indirect democracy (through deputies of representative bodies). Special attention is paid to the analysis of the draft law of the new Federal Law "On the general principles of the organization of local self-government in the system of unified public authority", which proposes to replace the "competitive" model with the "governor's" one. The advantages and disadvantages of both methods of electing heads of municipalities are revealed. The novelty of the work is due to the fact that the author's approaches to the interpretation of "competitive and "gubernatorial" methods of electing heads of municipalities have been introduced into scientific circulation. Proposals are formulated to improve legislation in terms of the proposal of the author's design of a "competitive model" for the election of heads of municipalities, taking into account the opinion of the population of the relevant territory. It is concluded that the strengthening of control over local authorities by the state authorities of the regions, which began in 2014, in the event of the adoption of the analyzed Bill, will finally put local self-government in a position dependent on the region and marks a return to local government.

Keywords: competition commission, municipality, reform of local self-government, competitive model, gubernatorial model, nationalization of local self-government, municipal reform, head of municipalities, municipal representation, public authority

Abstract: Elections in the Republic of Iraq, which were held on January 30, 2005, became a common topic of public discussion. This is no suprise, considering that the attention of the world community is centered on this region and its problems. This article contains analysis of the elections, their legitimacy. As the authors point out, the elections of January 30, 2005 truly became a starting point for democratization of the society of Iraq, and foundation of a jural state.

Abstract: At the current stage of development of the Russian society, while both economic and political reforms are taking place, a clear political strategy in the sphere of law-enforcement is necessary for making Russia a jural state. The authors of this article present theoretical analysis of the problem of strategic management in this sphere, offer a number of recommendations, note that it is necessary to create the Concept of development of the law-enforcement bodies of Russia, as a necessary part of the state strategic management of law enforcement reform.

Abstract: As the author of this article notes, recently there have been fewer cases of contradiction between regional and federal legislation in terms of legal regulation of the activities of non-profit organizations. One of the reasons that influenced the improvement of the situation is the use in legal practice of the methods discussed in this article to overcome conflicts between regional and federal legislation, as well as the fairly successful work of the bodies of the Ministry of Justice of the Russian Federation and the Prosecutor's Office of the Russian Federation to conduct an examination of regional legislation for its compliance with the legislation of the Russian Federation.

DOI: 10.7256/2454-0706.2019.8.30445

Abstract: This research is devoted to the issues of financial control over the work of state budgetary institutions and municipal budgetary institutions carried out by their founders (Russian Federation, subjects of the Federation, and municipal formations). The authors examine the instruments used by the branches of government and local self-governance, fulfilling the functions and authority of the founder of the budgetary institutions. Analysis is conducted on the positive and negative practice, particularly one pertaining to financial control over the execution of state function through reporting (on the example of the introduced order of delivery/acceptance of work, executed by the institution within the framework of state commission), as well as control in the sphere of procurement and peculiarities of labor agreement signed by the founder and head of the budgetary institution. Due to absence of unified approaches towards the character and depth of financial control by the authorized branches, this area demonstrates broad pluralism, and thus the result of the work of organization.

Keywords: state budgetary institution, municipal institution, state institution, budgetary institution, institution, financial control, lower organization, founders control, founder, executive body

Abstract: Currently correlation of conflict of laws and material regulation in the sphere of private international law, as well as allegedly lessening value of the conflict of laws in this sphere became the topics of heated discussion by scholars and practitioners. Author of this article studies patterns of legal regulation of international private law in order to cast light upon specific features of the conflict of law method and the material regulation method, their use and their perspectives.