Pub Date : 2024-01-18DOI: 10.18572/1813-1247-2024-1-13-17
Saida A. Saybulaeva
This article discusses the issues of continuity discreteness in the national state-legal system in theoretical interpretation and practical implementation. The article analyzes a counter-demonstrative socio-legal process involving non-acceptance (in some cases, active and demonstrative denial) of the continuity of national political-legal or socio-social provisions. Certain types, features, causes and political and legal consequences of continuity discreteness in the Russian state are identified. The practical manifestations of the rejection of the continuity of law are investigated. The relevance of continuity as the most important element of preserving the original national legal material for subsequent state-legal formations is emphasized, which in practice constitutes the legal self-identification of the domestic society at every stage of the reform of the state-legal system, including the modern period.
{"title":"Discreteness of Succession of the Russian State Law: Issues of Theory and Practice","authors":"Saida A. Saybulaeva","doi":"10.18572/1813-1247-2024-1-13-17","DOIUrl":"https://doi.org/10.18572/1813-1247-2024-1-13-17","url":null,"abstract":"This article discusses the issues of continuity discreteness in the national state-legal system in theoretical interpretation and practical implementation. The article analyzes a counter-demonstrative socio-legal process involving non-acceptance (in some cases, active and demonstrative denial) of the continuity of national political-legal or socio-social provisions. Certain types, features, causes and political and legal consequences of continuity discreteness in the Russian state are identified. The practical manifestations of the rejection of the continuity of law are investigated. The relevance of continuity as the most important element of preserving the original national legal material for subsequent state-legal formations is emphasized, which in practice constitutes the legal self-identification of the domestic society at every stage of the reform of the state-legal system, including the modern period.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"187 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140503681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-32-35
R. Usmanova
In the system of local self-government, various forms of exercise of power by the population are possible. And one of the other forms of participation of the population in solving local issues can be called various forms of participatory democracy. The article reveals one of the forms of participatory democracy as co-participating design. The author notes that co-participating design refers to the design process involving residents of a particular municipality. It manifests itself in the participation of residents in improvement activities aimed at changing the urban environment, as well as participation in the planning of territories of municipalities. It is gratifying that in a number of subjects of the Russian Federation the practice of participatory design is actively used in the formation of a comfortable urban environment.
{"title":"Participatory Design as a Form of Participatory Democracy on the Local Level","authors":"R. Usmanova","doi":"10.18572/1813-1247-2021-4-32-35","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-32-35","url":null,"abstract":"In the system of local self-government, various forms of exercise of power by the population are possible. And one of the other forms of participation of the population in solving local issues can be called various forms of participatory democracy. The article reveals one of the forms of participatory democracy as co-participating design. The author notes that co-participating design refers to the design process involving residents of a particular municipality. It manifests itself in the participation of residents in improvement activities aimed at changing the urban environment, as well as participation in the planning of territories of municipalities. It is gratifying that in a number of subjects of the Russian Federation the practice of participatory design is actively used in the formation of a comfortable urban environment.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"398 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126755763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-42-46
E. Leskina
The use of digital technology is increasing in all spheres of society. And the right is no exception. Many technologies are designed to simplify work, save time and serve the goals of globalization of relations, as well as their decentralization. Smart contracts are one way to achieve this goal. The article discusses the possibility of applying smart contracts in the workplace, where the personal nature of relationships is one of the features that directly affect the prospects for the use of smart contracts in the area in question.
{"title":"Opportunities for Smart Contract Application in the Russian Labor Law","authors":"E. Leskina","doi":"10.18572/1813-1247-2021-4-42-46","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-42-46","url":null,"abstract":"The use of digital technology is increasing in all spheres of society. And the right is no exception. Many technologies are designed to simplify work, save time and serve the goals of globalization of relations, as well as their decentralization. Smart contracts are one way to achieve this goal. The article discusses the possibility of applying smart contracts in the workplace, where the personal nature of relationships is one of the features that directly affect the prospects for the use of smart contracts in the area in question.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116088221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-56-60
Fedor I. Dolgikh
The development of information and communication technologies in the context of declining confidence in traditional parties focused on mass membership has led to the emergence of a new model of political parties — digital parties. The article analyzes their essence, distinctive features and methods of activity. The reasons for the failure to create digital parties in Russia are explained by the lack of conditions for their existence, as well as the focus of Russian legislation on the model of mass parties with formal membership, an extensive structure and a large bureaucratic apparatus. The article analyzes the prospects for changes in legislation that will favor the formation of a model of digital political parties in Russia, while noting that in our country this model will have differences from foreign ones.
{"title":"Digital Political Parties: Foreign Experience and Opportunities for Its Implementation in Russia","authors":"Fedor I. Dolgikh","doi":"10.18572/1813-1247-2021-4-56-60","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-56-60","url":null,"abstract":"The development of information and communication technologies in the context of declining confidence in traditional parties focused on mass membership has led to the emergence of a new model of political parties — digital parties. The article analyzes their essence, distinctive features and methods of activity. The reasons for the failure to create digital parties in Russia are explained by the lack of conditions for their existence, as well as the focus of Russian legislation on the model of mass parties with formal membership, an extensive structure and a large bureaucratic apparatus. The article analyzes the prospects for changes in legislation that will favor the formation of a model of digital political parties in Russia, while noting that in our country this model will have differences from foreign ones.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126529308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-27-31
Y. Fedotova
The article is devoted to the problems and prospects of the establishment of the post of Commissioner for the Rights of Citizens participating in the defense and security of the Russian Federation. The author reveals the problems of protecting the rights of military personnel and other persons in the field of defense and security and suggests ways to improve legislation.
{"title":"Prospects of the Introduction of the Position of a Commissioner for the Rights of Citizens Involved in Ensuring Defense and Security of the Russian Federation","authors":"Y. Fedotova","doi":"10.18572/1813-1247-2021-4-27-31","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-27-31","url":null,"abstract":"The article is devoted to the problems and prospects of the establishment of the post of Commissioner for the Rights of Citizens participating in the defense and security of the Russian Federation. The author reveals the problems of protecting the rights of military personnel and other persons in the field of defense and security and suggests ways to improve legislation.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"1 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132270966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-51-55
Tatyana Mikheeva
Among the latest additions to the Constitution of Russia was the inclusion of the State Council of the Russian Federation in it. Its final status was enshrined in a special federal law. However, this organ has more than two hundred years of history. The article aims to analyze the status and purpose of the State Council, starting from the period of its inception in monarchist Russia at the beginning of the 19th century and up to the present. The scientific novelty of the research lies in the fact that the author, on the basis of a comparative analysis of both historical and modern normative material, made a conclusion about the new role of the State Council in the mechanism of the Russian state at the beginning of the third decade of the twenty-first century. It is substantiated that one of the main vectors of the State Council is the coordination of the activities of all bodies of the unified system of public authority. The use of a variety of methodological tools (methods of dialectical knowledge, historical, comparative legal, formal legal, etc.) made it possible to identify the features of the State Council as a body that strengthens the power of the President and assists in the implementation of the constitutional powers assigned to it.
{"title":"The State Council of the Russian Federation: History and Modern Times","authors":"Tatyana Mikheeva","doi":"10.18572/1813-1247-2021-4-51-55","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-51-55","url":null,"abstract":"Among the latest additions to the Constitution of Russia was the inclusion of the State Council of the Russian Federation in it. Its final status was enshrined in a special federal law. However, this organ has more than two hundred years of history. The article aims to analyze the status and purpose of the State Council, starting from the period of its inception in monarchist Russia at the beginning of the 19th century and up to the present. The scientific novelty of the research lies in the fact that the author, on the basis of a comparative analysis of both historical and modern normative material, made a conclusion about the new role of the State Council in the mechanism of the Russian state at the beginning of the third decade of the twenty-first century. It is substantiated that one of the main vectors of the State Council is the coordination of the activities of all bodies of the unified system of public authority. The use of a variety of methodological tools (methods of dialectical knowledge, historical, comparative legal, formal legal, etc.) made it possible to identify the features of the State Council as a body that strengthens the power of the President and assists in the implementation of the constitutional powers assigned to it.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133506241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-47-50
I. Pogodina
New technologies have led to the emergence of new forms of citizens’ participation in government, including in rule-making. So-called “co-management” is expanding at an unprecedented rate. Digitalization of civic participation not only facilitates access to more information, but also makes the processes of interaction between the state and citizens fast, relatively cheap, and also promotes political and legal discussions about the limits of such participation. On the one hand, the participation of citizens in public administration is a necessary, inevitable process that legitimizes power, one of the hallmarks and instruments of democracy. However, on the other hand, the involvement of too many participants in public administration processes has a number of disadvantages.
{"title":"Engagement of Citizens in the Government of a State: Expediency and Limits (Problem Setting)","authors":"I. Pogodina","doi":"10.18572/1813-1247-2021-4-47-50","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-47-50","url":null,"abstract":"New technologies have led to the emergence of new forms of citizens’ participation in government, including in rule-making. So-called “co-management” is expanding at an unprecedented rate. Digitalization of civic participation not only facilitates access to more information, but also makes the processes of interaction between the state and citizens fast, relatively cheap, and also promotes political and legal discussions about the limits of such participation. On the one hand, the participation of citizens in public administration is a necessary, inevitable process that legitimizes power, one of the hallmarks and instruments of democracy. However, on the other hand, the involvement of too many participants in public administration processes has a number of disadvantages.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126524219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-13-16
Viktor A. Malyshenko
The development of civilization is inextricably linked with modern technologies in the field of communications. Information technology brings changes to different spheres of human life, without disregarding the field of public administration. Unforeseen natural events, such as the pandemic of the coronavirus (COVID-19), force humanity to quickly master them, change their lifestyle, and even such traditional procedures and institutions regarding the activities of public authorities. The article discusses new methods of holding meetings in a remote mode during a pandemic of legislative (representative) bodies of state power of the constituent entities of the Russian Federation and two chambers of the Federal Assembly of the Russian Federation, as well as the experience of foreign parliaments of democratic countries. The article describes the critical aspects of the work of legislative (representative) authorities of the Russian Federation of the constituent entities of the Russian Federation and touches on the problems of legislation related to the remote work of government bodies during a pandemic. The author’s opinion on improving the current legislation for organizing the activities of public authorities during a pandemic is also given.
{"title":"On Some Aspects of Parliamentary Work During the Pandemic","authors":"Viktor A. Malyshenko","doi":"10.18572/1813-1247-2021-4-13-16","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-13-16","url":null,"abstract":"The development of civilization is inextricably linked with modern technologies in the field of communications. Information technology brings changes to different spheres of human life, without disregarding the field of public administration. Unforeseen natural events, such as the pandemic of the coronavirus (COVID-19), force humanity to quickly master them, change their lifestyle, and even such traditional procedures and institutions regarding the activities of public authorities. The article discusses new methods of holding meetings in a remote mode during a pandemic of legislative (representative) bodies of state power of the constituent entities of the Russian Federation and two chambers of the Federal Assembly of the Russian Federation, as well as the experience of foreign parliaments of democratic countries. The article describes the critical aspects of the work of legislative (representative) authorities of the Russian Federation of the constituent entities of the Russian Federation and touches on the problems of legislation related to the remote work of government bodies during a pandemic. The author’s opinion on improving the current legislation for organizing the activities of public authorities during a pandemic is also given.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121386839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-17-20
M. Lavitskaya
In the article, the author analyzes the consolidation of the concept of “electronic government” in the Russian legal field, and also examines various theoretical and legal approaches to the definition of this concept within the framework of a broad and narrow understanding of its essence. The author comes to the conclusion that the optimal definition of e-government should combine both of these approaches, corresponding to the directions of its conceptual perception, characteristic of both the continental and Anglo-Saxon legal systems, and the subjects providing services in electronic format should include not only bodies public authorities, but, in general, bodies performing public functions, which should also be reflected in the final definition.
{"title":"Theoretical Legal Approaches to the Definition of the E-Government Concept","authors":"M. Lavitskaya","doi":"10.18572/1813-1247-2021-4-17-20","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-17-20","url":null,"abstract":"In the article, the author analyzes the consolidation of the concept of “electronic government” in the Russian legal field, and also examines various theoretical and legal approaches to the definition of this concept within the framework of a broad and narrow understanding of its essence. The author comes to the conclusion that the optimal definition of e-government should combine both of these approaches, corresponding to the directions of its conceptual perception, characteristic of both the continental and Anglo-Saxon legal systems, and the subjects providing services in electronic format should include not only bodies public authorities, but, in general, bodies performing public functions, which should also be reflected in the final definition.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125618057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-9-12
E. Krasnov
This article attempts to consider one of the key principles of legal state, which is the principle of unity of law and legal act. The author analyzes the opinions of scientists who define this principle and highlight its main features. The article also attempts to compare the principle of unity of legal act and law with the principles of the rule of law, the rule of legal act, the supremacy of law and the supremacy of legal act, the identity of law and legal act, their common features and main differences also highlighting in this article. It is concluded that the use of the principle of unity of law and legal act as the principle of legal state is most appropriate in modern socio-political conditions and in the current international situation.
{"title":"The Unity of Law and Act as a Principle of a Law-Governed State","authors":"E. Krasnov","doi":"10.18572/1813-1247-2021-4-9-12","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-9-12","url":null,"abstract":"This article attempts to consider one of the key principles of legal state, which is the principle of unity of law and legal act. The author analyzes the opinions of scientists who define this principle and highlight its main features. The article also attempts to compare the principle of unity of legal act and law with the principles of the rule of law, the rule of legal act, the supremacy of law and the supremacy of legal act, the identity of law and legal act, their common features and main differences also highlighting in this article. It is concluded that the use of the principle of unity of law and legal act as the principle of legal state is most appropriate in modern socio-political conditions and in the current international situation.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122413159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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