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The Development of the Constitutional Principle of Involvement of Government Authorities in the Establishment of Local Self-Government Authorities 地方自治机关设立中政府机关参与的宪法原则的发展
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-16-20
I. Andreechev
Taking into account the amendments made to the Constitution of Russia, approaches to the development of legislation on the participation of state authorities in the formation of local self-government bodies are presented This policy began to take shape simultaneously with the discussion of amendments. The first such step was the introduction of approval of the appointment of officials of local administrations that carry out management in the field of education. This regulation does not meet the requirements of completeness, and given that only one area of municipal administration is selected, it is not systematic. With this in mind, criteria have been developed that allow for the development of specific participation mechanisms. They apply the legal positions of the constitutional Court of Russia. Based on these criteria, the areas of management in which it is proposed to develop the principle under consideration are identified.
考虑到对《俄罗斯宪法》所作的修订,提出了制定关于国家当局参与组建地方自治机构的立法的办法。这项政策是在讨论修订的同时开始形成的。第一个这样的步骤是,对在教育领域进行管理的地方行政官员的任命实行核准。这一规定不符合完整性的要求,而且只选择了一个市政管理领域,不具有系统性。考虑到这一点,已经制定了标准,以便制定具体的参与机制。它们适用俄罗斯宪法法院的法律立场。根据这些标准,确定了建议在哪些管理领域制定正在审议的原则。
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引用次数: 0
Information Technology for Strategic Planning in Russia: Development Stages and Prospects 信息技术在俄罗斯的战略规划:发展阶段和前景
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-36-40
E. Kudryashova
The implementation of information technologies for governance fist become tasks in the program documents and later start to influence the governance itself. The technologies for strategic planning followed this algorithm. Today the information technologies play serious role in strategic planning and have their legal basis. Technologies influence the direction of strategic planning development — the transfer to the government as a platform shall impact the governance. At the same time the trends of exaggerating the role of technologic solutions and attempts to shift the problems to the technologies can be identified.
用于治理的信息技术的实现首先成为规划文档中的任务,然后开始影响治理本身。战略规划技术遵循这一算法。今天,信息技术在战略规划中发挥着重要作用,并有其法律依据。技术影响战略规划发展的方向——政府作为平台的转移将影响治理。与此同时,可以确定夸大技术解决办法的作用和企图将问题转移给技术的趋势。
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引用次数: 0
The Procedure for Withdrawal of Lands for the Development of a Municipal Structure 为发展市政结构而收回土地的程序
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-21-25
I. Aksenov
One of the most important issues in the development of Russia has been and remains the land issue. The article is devoted to the substantiation of the specifics of land as an object of municipal legal regulation. The object of the research of the article is the social relations arising in the process of formation, use, management and control over the lands necessary for the development of municipalities. The article reveals practical problems associated with the activities of municipalities on the use of land. The features of the procedure for seizing land property are reflected. The purpose of the legislator is revealed in the activities to improve the procedure for the seizure of land property. The initiators of the process of seizing a separate piece of land for municipal and state needs are identified. The issues of the terms of compulsory seizure of land plots are considered. The analysis of judicial practice related to the issue of material compensation in the land acquisition procedure is carried out. The issues related to the compulsory seizure of agricultural land by federal and municipal authorities are considered. The issues of seizure of land plots from unscrupulous owners are considered. The main provisions and conclusions of the article can be used in the practice of organizing and operating local government bodies in order to improve the issues of municipal legal regulation of lands.
俄罗斯发展中最重要的问题之一一直是土地问题。本文致力于证明土地作为市政法律规制对象的特殊性。本文研究的对象是城市发展所需土地在形成、使用、管理和控制过程中产生的社会关系。这篇文章揭示了与市政当局在土地利用方面的活动有关的实际问题。体现了土地财产征用程序的特点。在完善土地财产没收程序的活动中,体现了立法者的目的。确定了为市政和州的需要而夺取一块单独土地的过程的发起者。审议了强制征用土地的条件问题。对土地征用程序中物质补偿问题的司法实践进行了分析。审议了与联邦和市政当局强制征用农业用地有关的问题。讨论了从无良业主手中夺取土地的问题。本文的主要规定和结论可为地方政府机构组织运作的实践提供借鉴,以完善市政土地法律规制问题。
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引用次数: 0
Signature Sheet as a Means of Reflection of the Voters’ Will (the 2020 Model, Novosibirsk) 作为选民意愿反映手段的签名表(2020年模式,新西伯利亚)
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-6-10
A. Makartsev
The article is devoted to the analysis of the decisions of the courts of the city of Novosibirsk in cases related to the verification of signatures collected in support of the nomination of candidates. The author notes that due to the political nature of electoral law, the socio-political situation in the country as a whole, in a separate region and in the municipality in particular, has a huge impact on the practice of checking subscription lists. It is necessary to ensure the stability of the practice of evaluating the content and form of subscription lists both in space and in time. Taking into account the complex nature of electoral law, I would like to note the positive significance of using criminal sanctions for forging signatures in subscription lists. In the author’s opinion, in order to simplify the registration procedure on the basis of the collected signatures, it is necessary to abandon duplicating documents or to consider them in aggregate, using the information contained in various documents. The article makes suggestions for improving Russian legislation. In fact, this approach demonstrates a change in the approach of the law enforcement officer to the problems under consideration. In the future, this can lead to a decrease in offenses in the field of filling out information about the participants in the election campaign in subscription lists.
这篇文章专门分析了新西伯利亚市法院在与核查为支持候选人提名而收集的签名有关的案件中的判决。发件人指出,由于选举法的政治性质,整个国家的社会政治局势,特别是个别地区和城市的社会政治局势,对检查选民名单的做法产生巨大影响。必须确保在空间和时间上对订阅清单的内容和形式进行评价的做法的稳定性。考虑到选举法的复杂性,我要指出对在选民名单中伪造签名采取刑事制裁的积极意义。发件人认为,为了在收集签名的基础上简化登记程序,有必要放弃重复文件或综合考虑文件,利用各种文件所载的资料。文章提出了完善俄罗斯立法的建议。事实上,这种做法表明执法人员对所审议的问题的态度发生了变化。今后,在订阅名单中填写选举参加者信息的违法行为将会减少。
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引用次数: 0
Fundamentals of the Evaluation of Corruption Combating Efficiency 反腐败效率评价的基本原理
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-41-46
L. Zhigun
The article considers the essential and instrumental bases for the anti-corruption measures effectiveness evaluating. The analysis shows that the indicators used do not fully reflect the essence of corruption — the harmful consequence which it leads to in the areas of corrupt officials’ activities. As a result, the applied performance indicators can at best characterize the effectiveness of corrupt officials’ network connections temporary disruption, but not the elimination of the causes corruption itself. It is concluded that the analysis of the anti-corruption effectiveness must be based on the fact that it depends on the authorized bodies activity. Public opinion polls do not take into account that the range of their perception of corruption is wider than the set of official reporting indicators. As a result, according to the reported indicators, there is an increase in the anti-corruption effectiveness, while according to public surveys, the effectiveness decreases.
本文探讨了反腐败措施有效性评价的必要依据和工具依据。分析表明,所使用的指标并没有充分反映腐败的本质——腐败在腐败官员活动领域所导致的有害后果。因此,所应用的绩效指标最多只能表征腐败官员网络连接暂时中断的有效性,而不能表征腐败根源本身的消除。结论是,对反腐败有效性的分析必须建立在其取决于授权机构活动的事实基础上。民意调查没有考虑到他们对腐败的看法范围比官方报告指标的范围更大。因此,从报告的指标来看,反腐败的有效性有所提高,而从公众调查来看,反腐败的有效性有所下降。
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引用次数: 0
Political Discussions of the Deputies of the Moscow Council on Overcoming the Constitutional Crisis of Government in Russia in 1993 莫斯科会议代表关于克服1993年俄罗斯政府宪政危机的政治讨论
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-51-55
Dmitriy V. Plyuyko
The purpose of this article is to identify possible ways out of the complicated political situation associated with the constitutional crisis of 1993 in Russia based on the analysis of the transcript of the meeting of the seventeenth extraordinary session of the Moscow city Council (the Council). Based on previously unpublished archival materials, the author reveals the main options for overcoming the constitutional crisis of 1993, which were proposed by the deputies of the Moscow city Council. The study of archival material found that the deputies proposed all possible scenarios for the development of the situation, from radical to mutually acceptable.
本文的目的是在分析莫斯科市议会第十七届特别会议会议记录的基础上,找出摆脱与1993年俄罗斯宪法危机有关的复杂政治局势的可能途径。根据以前未发表的档案材料,作者揭示了莫斯科市议会代表提出的克服1993年宪法危机的主要备选办法。对档案材料的研究发现,代表们提出了所有可能的情况发展方案,从激进到相互接受。
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引用次数: 0
On Preventive Legal Measures Against the COVID-19 Spread in Russia 论新冠肺炎在俄罗斯传播的预防性法律措施
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-3-5
Yaroslav I. Tikhonov
The article analyzes the preventive legal measures taken in the Russian Federation, which were a reaction to the spread of the pandemic in 2020. The concept of preventive measures is formulated, the analysis and the proposed classification implemented in the Russian Federation are carried out. The spread of a new threat was a factor in the adoption of new preventive measures, both temporary and permanent. The implementation of a system of restrictive measures leads to the complication of social life. Predicting and solving emerging problems should be an integral part of prevention activities.
本文分析了俄罗斯联邦采取的预防性法律措施,这些措施是对2020年大流行病蔓延的反应。制定了预防措施的概念,进行了分析,并在俄罗斯联邦实施了拟议的分类。新威胁的蔓延是采取新的临时和永久预防措施的一个因素。一套限制措施的实施导致了社会生活的复杂化。预测和解决新出现的问题应成为预防活动的一个组成部分。
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引用次数: 0
Constitutional Bases of E-Government: The Experience of the Federal Penitentiary Service 电子政务的宪法基础:联邦监狱服务的经验
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-26-30
T. Cherepanova
The Russian Federation is responsible for information technology and communications. The digital transformation of the powers of penitentiary institutions requires a detailed study of the theoretical and practical issues of implementing the constitutional foundations of the digital state. In this article, the author analyzes the experience of the Federal penitentiary service in implementing the constitutional foundations of the digital state. The author considers the international and Russian experience of digital transformation of the powers of penitentiary institutions. The relevance of the topic is due to current trends in building digital states in the world, which in turn requires the creation of a special legal regulation. The article analyzes the experience of the Federal Penitentiary Service of Russia in implementing the tasks of the penitentiary system using digital technologies, and highlights the reasons that hinder this process. The methodological basis of the research is the method of scientific knowledgea comparative legal method. The efficiency of digital transformation of the powers of the Federal penitentiary service as part of the digital state is determined. The author came to the conclusion that in order to implement the basic principles of the constitutional system of the digital state within the powers of the Federal Penitentiary Service of Russia, it is necessary to create a special digital platform, provide technical capabilities, and make changes to the Criminal Executive Code of the Russian Federation.
俄罗斯联邦负责信息技术和通信。监狱机构权力的数字化转型需要对实施数字国家的宪法基础的理论和实践问题进行详细的研究。在本文中,作者分析了联邦监狱服务在实施数字国家的宪法基础方面的经验。作者考虑了国际和俄罗斯监狱机构权力数字化转型的经验。该主题的相关性是由于当前世界上建立数字国家的趋势,这反过来又需要制定特殊的法律法规。文章分析了俄罗斯联邦监狱服务局利用数字技术实施监狱系统任务的经验,并指出了阻碍这一进程的原因。本研究的方法论基础是科学知识法——比较法律法。作为数字国家的一部分,联邦监狱服务的权力数字化转型的效率是确定的。作者得出结论,为了在俄罗斯联邦监狱服务局的权力范围内实施数字国家宪法制度的基本原则,有必要创建一个专门的数字平台,提供技术能力,并对俄罗斯联邦刑事执行法典进行修改。
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引用次数: 0
The Establishment, Functioning and Reformation of the State Council of the People’s Republic of China 中华人民共和国国务院的成立、职能和改革
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-56-60
P. Kobets
One of the primary roles in China’s public administration system is assigned to the state Council of the country. Currently, many researchers have an increased interest in this state body, which performs the functions of the country’s government and is the highest Executive authority. In this regard, the author set a task to study the features of the formation, functioning and reform of this public authority, which performs the function of the country’s government. As a result of the research, the author notes that the formation of the Chinese State Council has a long way to go, from the creation of rural administrations in the 1930s, to the formation of the Central people’s government in the 1950s and its regular reform until now. And if in the early period of the people’s Republic of China, the country’s Communist party together with the government were a single entity, then in the late 1970s, their functions were gradually distributed, and the government smoothly moved to independent day-to-day management of the state. Therefore, today the Communist party makes strategic decisions that determine the state’s policy, and government structures implement this policy, focusing on solving economic problems, leaving the issues of ideology, personnel and security to the Communist party. Special attention was paid to the modern features of the reform of the State Council, which is taking place within the framework of structural transformations carried out in the form of in-depth reforms of public administration institutions initiated in 2017 by the XIX Congress of the Chinese Communist party.
中国公共管理体系的主要角色之一是国务院。目前,许多研究人员对这个国家机构越来越感兴趣,它履行国家政府的职能,是最高行政机关。为此,笔者提出了一个任务,即研究这个履行国家政府职能的公共权力机构的形成、运作和改革的特点。研究结果表明,从20世纪30年代农村行政机构的成立,到50年代中央人民政府的成立,再到现在的定期改革,中国国务院的形成还有很长的路要走。如果说在中华人民共和国成立初期,中国的共产党和政府是一个整体,那么在20世纪70年代末,他们的职能逐渐分散,政府顺利地转向独立管理国家的日常事务。因此,今天的共产党做出决定国家政策的战略决策,政府机构执行这一政策,重点是解决经济问题,把意识形态、人事和安全问题留给共产党。会议特别关注了国务院改革的现代特征,这是在中国共产党第十九次全国代表大会于2017年发起的以公共行政机构深化改革为形式的结构转型框架内进行的。
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引用次数: 0
On the Form of Government in the Modern Russia within the Framework of the Constitutional Amendments of 2020 2020年宪法修正案框架下的现代俄罗斯政府形式
Pub Date : 2021-01-26 DOI: 10.18572/1813-1247-2021-2-31-35
Yulia A. Gorbul
The article analyzes trends in the development of the theoretical construction of the form of government of the modern Russian state after amendments to the Constitution of the Russian Federation in 2020. Based on the analysis of the positions of leading Russian legal scholars on the issue of the form of the Republic of modern Russia, the conclusion is made that the changes made to the Basic law of the country in the summer of 2020 predetermined an even greater gap between the real and nominal characteristics of the Russian form of government. The author considers it possible to agree with the opinion of legal experts who define the nominal form of government of the Russian Federation as a presidential-parliamentary Republic with a dominant position of the President in the system of higher state authorities. The analysis of the constitutional amendments of 2020 shows that in practice, due to the real correlation between the branches of state power, the highest state bodies, and direct and inverse relations between state bodies and the population, the form of government in modern Russia can be defined as a special type of presidential Republic.
本文分析了2020年俄罗斯联邦宪法修改后现代俄罗斯国家政府形式理论建设的发展趋势。在分析俄罗斯主要法律学者对现代俄罗斯共和国形式问题的立场的基础上,得出结论认为,2020年夏天对国家基本法的修改决定了俄罗斯政府形式的实际特征与名义特征之间的更大差距。作者认为可以同意法律专家的意见,他们将俄罗斯联邦名义上的政府形式定义为总统-议会制共和国,在更高的国家权力机构体系中,总统处于主导地位。对2020年宪法修正案的分析表明,在实践中,由于国家权力部门、最高国家机关、国家机关与人民之间存在着真实的相互关系,国家机关与人民之间存在着正逆关系,现代俄罗斯的政府形式可以定义为一种特殊类型的总统制共和国。
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引用次数: 0
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State power and local self-government
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