Pub Date : 2021-04-22DOI: 10.18572/1813-1247-2021-4-21-26
Taras A. Grischenko, Taras T. Lyashenko
In this publication, the authors investigate the transformation of the concept of “state sovereignty” in the context of the new edition of Article 79 of the Constitution of the Russian Federation. Basing on the legal positions of the Constitutional Court of the Russian Federation of the last twenty years and the amendments to the Constitution of Russia introduced in 2020, the authors investigate the transformation of the state sovereignty of Russia in the context of fulfilling its international obligations. The actual reason for writing this article was the strong criticism by the legal community of the.
{"title":"Some Problems of Correlation between State Sovereignty and International Law within the Framework of the New Version of Article 79 of the Constitution of the Russian Federation","authors":"Taras A. Grischenko, Taras T. Lyashenko","doi":"10.18572/1813-1247-2021-4-21-26","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-21-26","url":null,"abstract":"In this publication, the authors investigate the transformation of the concept of “state sovereignty” in the context of the new edition of Article 79 of the Constitution of the Russian Federation. Basing on the legal positions of the Constitutional Court of the Russian Federation of the last twenty years and the amendments to the Constitution of Russia introduced in 2020, the authors investigate the transformation of the state sovereignty of Russia in the context of fulfilling its international obligations. The actual reason for writing this article was the strong criticism by the legal community of the.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"28 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":"132006289","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: 10.18572/1813-1247-2021-4-3-8
V. Grib
The article analyzes subjects and forms of public control in science and education, the author singles out among such subjects the Public Chamber of the Russian Federation and public chambers of the constituent entities of the Russian Federation, public councils under federal executive authorities and public councils for the independent evaluation of quality of educational activities of organizations as well as public organizations and public supervisors. The following public control forms are characteristic of education: pedagogical examination of bills; independent evaluation of quality of education; creation of ratings in education; public accreditation of educational institutions; professional and public accreditation of educational programs; monitoring in the system of education; participation in management of educational institutions.
{"title":"The Legal Development of Public Control in Education and Science","authors":"V. Grib","doi":"10.18572/1813-1247-2021-4-3-8","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-3-8","url":null,"abstract":"The article analyzes subjects and forms of public control in science and education, the author singles out among such subjects the Public Chamber of the Russian Federation and public chambers of the constituent entities of the Russian Federation, public councils under federal executive authorities and public councils for the independent evaluation of quality of educational activities of organizations as well as public organizations and public supervisors. The following public control forms are characteristic of education: pedagogical examination of bills; independent evaluation of quality of education; creation of ratings in education; public accreditation of educational institutions; professional and public accreditation of educational programs; monitoring in the system of education; participation in management of educational institutions.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"66 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":"129816286","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: 10.18572/1813-1247-2021-4-36-41
A. Afanasyev
The article analyzes the current State of federal and regional legislation, municipal legal acts in the implementation of the State policy of sustainable integrated social and economic development of rural territories of the Russian Federation. The author comes to the conclusion that the current legal norms and the mechanism of legal regulation do not ensure the achievement of the stated goals and objectives for the development of the village. Key ideas, principles and directions for their improvement are formulated. The legal analysis, conclusions and proposals for changes to the organizational and legal mechanism for ensuring sustainable integrated development of rural settlements in the Russian Federation are presented in the form of a concept of legal doctrine.
{"title":"The Concept of the Legal Doctrine of Sustainable Complex Development of Rural Settlements of the Russian Federation","authors":"A. Afanasyev","doi":"10.18572/1813-1247-2021-4-36-41","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-4-36-41","url":null,"abstract":"The article analyzes the current State of federal and regional legislation, municipal legal acts in the implementation of the State policy of sustainable integrated social and economic development of rural territories of the Russian Federation. The author comes to the conclusion that the current legal norms and the mechanism of legal regulation do not ensure the achievement of the stated goals and objectives for the development of the village. Key ideas, principles and directions for their improvement are formulated. The legal analysis, conclusions and proposals for changes to the organizational and legal mechanism for ensuring sustainable integrated development of rural settlements in the Russian Federation are presented in the form of a concept of legal doctrine.","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":"131071208","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-27-29
D. V. Tropina
This article reveals the problems of differentiation of state and local government authorities in the field of agriculture, the problems of legal regulation of local government activities to promote and create conditions for the development of agricultural production, analyzes the experience of various municipalities in the development and implementation of municipal programs for the development of agriculture on a separate territory.
{"title":"On the Role of Local Self-Government Authorities in the Agricultural Development","authors":"D. V. Tropina","doi":"10.18572/1813-1247-2021-3-27-29","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-27-29","url":null,"abstract":"This article reveals the problems of differentiation of state and local government authorities in the field of agriculture, the problems of legal regulation of local government activities to promote and create conditions for the development of agricultural production, analyzes the experience of various municipalities in the development and implementation of municipal programs for the development of agriculture on a separate territory.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"599 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122939146","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-36-39
Anna V. Akchurina
The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal sanctions affecting the functioning of the system of checks and balances are touched upon. At the same time, theses were put forward on the importance of the constitutional consolidation of the responsibility of judges of higher courts, the expansion of the subject and institutional composition of participants in the implementation of measures of constitutional and legal responsibility of the highest bodies of state power of the Russian Federation, the inherent tendencies towards the expansion of this legal institution and the degree of enrichment of the substantive value of the introduced innovations. The selected vectors for building state power, building relationships between them and measures of mutual responsibility, laid down by the amendments to the Constitution of the Russian Federation, are proposed for understanding.
{"title":"On the Relevant Problems of the Constitutional Liability of Supreme Government Authorities and Officials in View of the Introduced Amendments to the Constitution of the Russian Federation","authors":"Anna V. Akchurina","doi":"10.18572/1813-1247-2021-3-36-39","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-36-39","url":null,"abstract":"The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal sanctions affecting the functioning of the system of checks and balances are touched upon. At the same time, theses were put forward on the importance of the constitutional consolidation of the responsibility of judges of higher courts, the expansion of the subject and institutional composition of participants in the implementation of measures of constitutional and legal responsibility of the highest bodies of state power of the Russian Federation, the inherent tendencies towards the expansion of this legal institution and the degree of enrichment of the substantive value of the introduced innovations. The selected vectors for building state power, building relationships between them and measures of mutual responsibility, laid down by the amendments to the Constitution of the Russian Federation, are proposed for understanding.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129147855","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-40-44
A. M. Konovalov
On March 14, 2020 , the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation from 14.03.2020 N 1-FKZ (hereinafter — the law on the amendment), or rather its article 3, which provides for the entry into force of the amendments themselves to the Basic Law of the country, as well as several related issues, was officially published and entered into force. After only two days — March 16, 2020 was the Conclusion of the constitutional Court of the Russian Federation (hereinafter — CC RF), "On compliance with the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation pending its entry into force the provisions of the Law of the Russian Federation on the amendment of the Constitution" (hereinafter — the Conclusion). The proposed amendments affect a number of issues that are socially significant and therefore require detailed study, such as: fixing additional social guarantees for the population in the Constitution of the Russian Federation, setting the maximum number of presidential terms that a single person can hold, fixing requirements for persons applying for a number of positions, introducing a rule on the State Council, the possibility of checking the compliance of laws with the Constitution of the Russian Federation before they are signed by the President, etc. Even when the text of the original Bill was published, it caused quite a lively discussion not only in the society of professional lawyers, but also among those who do not have special knowledge in the field of law. Without trying to analyze in detail the entire text of the amendment Law (this would require writing a whole book) and without claiming absolute truth of the statements made, we will still try to consider its most interesting and controversial points, including relying on the Conclusion given by the constitutional court of the Russian Federation.
{"title":"Review of Some Amendments to the Constitution of the Russian Federation","authors":"A. M. Konovalov","doi":"10.18572/1813-1247-2021-3-40-44","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-40-44","url":null,"abstract":"On March 14, 2020 , the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation from 14.03.2020 N 1-FKZ (hereinafter — the law on the amendment), or rather its article 3, which provides for the entry into force of the amendments themselves to the Basic Law of the country, as well as several related issues, was officially published and entered into force. After only two days — March 16, 2020 was the Conclusion of the constitutional Court of the Russian Federation (hereinafter — CC RF), \"On compliance with the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation pending its entry into force the provisions of the Law of the Russian Federation on the amendment of the Constitution\" (hereinafter — the Conclusion). The proposed amendments affect a number of issues that are socially significant and therefore require detailed study, such as: fixing additional social guarantees for the population in the Constitution of the Russian Federation, setting the maximum number of presidential terms that a single person can hold, fixing requirements for persons applying for a number of positions, introducing a rule on the State Council, the possibility of checking the compliance of laws with the Constitution of the Russian Federation before they are signed by the President, etc. Even when the text of the original Bill was published, it caused quite a lively discussion not only in the society of professional lawyers, but also among those who do not have special knowledge in the field of law. Without trying to analyze in detail the entire text of the amendment Law (this would require writing a whole book) and without claiming absolute truth of the statements made, we will still try to consider its most interesting and controversial points, including relying on the Conclusion given by the constitutional court of the Russian Federation.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122747495","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-16-17
Aleksandr Chashin
he article simulates situations of violation of the electoral rights of citizens and attempts to influence the results of elections and referenda taking into account electronic and postal forms of remote voting introduced into Russian suffrage by Federal Law No. 154-FZ “On Amending Certain Legislative Acts of the Russian Federation”.
{"title":"Distant Voting: Pro Et Contra","authors":"Aleksandr Chashin","doi":"10.18572/1813-1247-2021-3-16-17","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-16-17","url":null,"abstract":"he article simulates situations of violation of the electoral rights of citizens and attempts to influence the results of elections and referenda taking into account electronic and postal forms of remote voting introduced into Russian suffrage by Federal Law No. 154-FZ “On Amending Certain Legislative Acts of the Russian Federation”.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133636212","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-33-35
Tsyren S. Dondokov, Oksana A. Lipich
This article discusses the features of applying in practice certain qualification requirements established by the current legislation to a notary. The position is expressed on the need to amend the legislation on notaries, in terms of introducing an educational qualification similar to the requirements for judges. In addition, it is proposed to return the previously existing procedure for passing the qualification exam for applicants who want to engage in notarial activities.
{"title":"Problems of Application of Laws in Force Establishing Qualification Requirements for a Notary in the Russian Federation","authors":"Tsyren S. Dondokov, Oksana A. Lipich","doi":"10.18572/1813-1247-2021-3-33-35","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-33-35","url":null,"abstract":"This article discusses the features of applying in practice certain qualification requirements established by the current legislation to a notary. The position is expressed on the need to amend the legislation on notaries, in terms of introducing an educational qualification similar to the requirements for judges. In addition, it is proposed to return the previously existing procedure for passing the qualification exam for applicants who want to engage in notarial activities.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123733290","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-45-48
Dmitriy S. Ilyanov
Due to the constant growth of competition, as well as the need to introduce innovative technologies in production processes and build a customer-oriented model, the issue of attracting additional funding is particularly acute for both the state and companies. The relevance of this article is due to the fact that the current approach of the Russian Federation to the designation of investment attractiveness cannot fully determine the basis for the trust and interest of foreign investors. This article is intended to consider the psychological aspects that affect the irrational behavior of investors and their impact on the placement of foreign bond loans of the Russian Federation. The purpose of this article is to form proposals for creating a positive investment expectation and to use this experience in Russian practice. In the process of studying this problem, general scientific empirical methods were used: data collection and study, comparison and synthesis, and the method of scientific abstraction. As a result of the study, the author came to the conclusion that in order to increase the level of investment attractiveness of domestic companies and the country as a whole, it is necessary to take into account psychological factors, as well as to improve the methodology for assessing investment attractiveness, which would take into account the expectations and «investment mood» of investors.
{"title":"Irrational Preferences of Investors and Their Influence on Placement of External Bond Loans of the Russian Federation on the International Capital Market","authors":"Dmitriy S. Ilyanov","doi":"10.18572/1813-1247-2021-3-45-48","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-45-48","url":null,"abstract":"Due to the constant growth of competition, as well as the need to introduce innovative technologies in production processes and build a customer-oriented model, the issue of attracting additional funding is particularly acute for both the state and companies. The relevance of this article is due to the fact that the current approach of the Russian Federation to the designation of investment attractiveness cannot fully determine the basis for the trust and interest of foreign investors. This article is intended to consider the psychological aspects that affect the irrational behavior of investors and their impact on the placement of foreign bond loans of the Russian Federation. The purpose of this article is to form proposals for creating a positive investment expectation and to use this experience in Russian practice. In the process of studying this problem, general scientific empirical methods were used: data collection and study, comparison and synthesis, and the method of scientific abstraction. As a result of the study, the author came to the conclusion that in order to increase the level of investment attractiveness of domestic companies and the country as a whole, it is necessary to take into account psychological factors, as well as to improve the methodology for assessing investment attractiveness, which would take into account the expectations and «investment mood» of investors.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"1983 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131340568","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 : 2021-04-01DOI: 10.18572/1813-1247-2021-3-49-52
A. Averin, I. Pogodina, D. Avdeev
The concept of "Service state" and the paradigm of consumption in public administration are gradually laughing at the paradigm of participation. The terms "joint leadership", "joint management" are included not only in theory, but also in practice. The article examines two related categories "joint production" and "joint management", defines the specificity of these concepts. The definition of "joint public administration" is proposed, the development of which in the doctrine of law and administration is necessary, since "joint leadership" has become a new principle of public administration.
{"title":"Joint Public Management: A Definition for the National Theory and Practice","authors":"A. Averin, I. Pogodina, D. Avdeev","doi":"10.18572/1813-1247-2021-3-49-52","DOIUrl":"https://doi.org/10.18572/1813-1247-2021-3-49-52","url":null,"abstract":"The concept of \"Service state\" and the paradigm of consumption in public administration are gradually laughing at the paradigm of participation. The terms \"joint leadership\", \"joint management\" are included not only in theory, but also in practice. The article examines two related categories \"joint production\" and \"joint management\", defines the specificity of these concepts. The definition of \"joint public administration\" is proposed, the development of which in the doctrine of law and administration is necessary, since \"joint leadership\" has become a new principle of public administration.","PeriodicalId":119687,"journal":{"name":"State power and local self-government","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121907442","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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