Legal Studies - rubric Authority and management
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MAIN PAGE > Journal "Legal Studies" > Rubric "Authority and management"
Authority and management
Agakishiev E. - Local Referendum on Financial Issues in the Russian Federation and Foreign States pp. 10-18


Abstract: In his article Agakishiev analyzes legal issues that arise in the process of carrying out a local referendum on financial and economic bases of a municipal unit. The author examines peculiarities of carrying out such a referendum that covers composition of local budget, use of municipal property and problems which resolution implies additional withdrawal from local budget. Agakishiev gives results of his analysis of German, Switzerland and USA legal acts on the matter. The methodological basis of the research includes a set of general and special research methods: dialetical, logical, systemic, comparative law, historical, formal law and other methods used both collectively and individually. A lot of authors such as A. Avtonomov, V. Komarov, A. Kostyukov, L. Nundenko, V. Pylin, D. Ustinov, A. Sergeev, E. Shugrin and Agakishiev himself have studied the institution of local referendum. The scientific novelty of the research is caused by the fact that the author discovers legal issues that may arise in the process of conduction of local referendums on financial issues. The results of the research prove that there is very little opportunity to carry out a local financial referendum in Russia. Based on the experience of the foreign states, the authro of the article makes suggestions on how to improve the legal regulation and increase opportunity for citizens to participate in financial issues. 
Korobko K.I. - Activity of the constituent entities of the Russian Federation in the area of traditional medicine: good or harm? pp. 11-24


Abstract: This article analyzes the legal regulation of social relations in the area of traditional medicine on the level of constituent entities of the Russian Federation at the present stage. The author examines the normative legal acts with regards to traditional medicine on the federal and regional levels. A conclusion is made that federal legislation regulates a limited number of questions in the field of traditional medicine; thus legal regulation in this sphere is virtually delegated to the constituent entities of the Russian Federation. At the same time, legislation fundamentally differs from region to region, so is the legal status of the participants of legal relations. The scientific novelty consists in formulated conclusions on the need for amending the current legislation for the purpose of consolidation on the federal level of universal requirements to exercising activity by all subjects of traditional medicine. Such recommendations would allow ensuring unity of legal status of the subjects of legal relations in the area of traditional medicine throughout the Russian Federation.
Borisenkov A.A. - Provisions of the current Russian Constitution on power. pp. 19-44


Abstract: The article contains analysis of the ideas of public power and its role in the system of state and society according to the text of hte current Russian Constitution. The methodology of studies is based upon the knowledge of nature of public power, types and means of its existence, specificities of its use, its correlation and interactions with its types, such as political power and state power.  The novelty of the study is due to defining the public power and substantiating the need to distinguish various types of power within the state system, in discussing the value of these types of power for the public government. The author formulates the provision that any public power is by its nature an institutionally formed social force. It is stressed, that use of public power is not possible, unless the power competence is obtained. It is noted that within the state administration system there is implementation of both the state power and the political power. The author substantiates the inseparable link between political power within the state system and its political institution, forming the state superstructure, as well as executive nature of state power and its nonseparability from the executive institutions of the state. Finally, the author refers to the need to improve the contents of constitutional articles regulating some aspects of public power.
Usmanova R.M. - Political Traditions and Political Standards: Their Role in Public Regulation of Social Relations pp. 25-48
Abstract: The author of the article analyzes the place of political traditions and political standards in regulation of social relations. The author describes how political traditions influence the organization of municipal authority. To the author's opinion, political standards are meant to regulate relations between different subjects of the political system and to ensure the continuity and relative stability of the Russian society's political system. 
Aleshkova N.P. - Municipal law-making: definition and nature pp. 67-87


Abstract: Special attention is currently paid to the issues of municipal law-making. A great number of normative legal acts and invididual legal acts appear at a municipal level, a great number of contracts is conclude, and all of these have considerable impact upon development or degrading of hte municipal administration system and upon the economy of a particular municipal unit.  At the same time understanding of municipal law-making has a defining value in the process of decition-making by both the municipal bodies and directly by the population (via local referenda and meetings of the residents), and it should be recognized both at the initial stages of drafting and adoption of a legal act (conclusion of a normative contract), and when such an act is amended.  The article contains multi-aspect adn complex definition of municipal law-making, which includes not only the acts of competent subjects on adoption of normative acts at a municipal level, but also direct relation between the term "municipal law-making" and its key types (direct and indirect, administrative and contract-based, voluntary and obligatory, basic and additional).
Shcherbanyuk O.V. - The right of citizens for state affairs management in Ukraine: search for an optimum model pp. 88-99


Abstract: The article is devoted to definition and elements of constitutional right of citizens to manage state affairs. The author analyzes constitutional regulation of the right of citizens to manage state affairs.  Based upon the studies taken the author provides arguments in favor of the conclusion that there is need to widen the scope of citizen participation in state affairs management in Ukraine.  It is proven that a legal factor within the scope of guarantees of the right to participate in management of state affairs is an obligation of the state to provide necessary conditions for such participation.  In the process of constitutional modernization of Ukraine the main goal is to provide constitutional guarantees of stability of election legislation.  It is noted in the article that in order to achieve more efficient development of constitutional legislation on forms of political participation of citizens the legislator should act based upon the principle of constitutional forecasting, and taking into account interests and needs of the people in the process of planning it.  Moreover, involvement of citizens into the law-making process shows the degree of implementation of sovereignty of the people. That is why, the character of legislative norms on participation in state affairs management depends on political activities of the people, their legal conscience and legal culture.
Ageev V. - Legitimacy of Restriction of Rights and Freedoms of State Officials in the Russian Federation: Legal Evaluation of the Constitutional Court pp. 166-189


Abstract: The author of the article points out that a state institution is allowed to restrict the human and civil rights and freedoms when it solves a social task to provide security of citizens and state. The author also provides definition of the term 'restriction of human and civil rights' and views the issues of restriction of rights and freedoms of state officials in the Russian Federation. It is noted that restriction of rights and freedoms of state officials ensures the efficient performance of state agencies, prevents from abuse by state officials and contributes to the corruption management. The author also analyzes the legal position of the Constitutional Court of the Russian Federation regarding the legitimacy of restriction of rights and freedoms of state officials and formulates the universal legal position of the Constitutional Court on this matter. According to this position, restriction of rights and freedoms of state officials are permitted by the law but only for the purposes of the Constitution.
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