On Early Election Calling

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктория Вискулова ◽  
Viktoriya Viskulova

Every year the Russian Federation holds thousands of elections — primary, early, occasional, runoffs, etc. This article describes a great number of early election campaigns in Russia, reflects some discrepancies in the statistics, and also reveals some problems of an election process. The author touches upon the following points: 1) proves that early elections are called due to early termination of powers of the elected authorities and officials; 2) demonstrates a variety of the RF constituent entities’ legal approaches to determining of initiators of early election calling; 3) suggests an all-in-one approach to early election calling — by election committees. In her article the author uses statistical technique, comparative juridical and legal modelling methods. As a result the author proposes some amendments to the RF Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. The author assumes that it is the election committees that should call for early elections, and not the elected public authorities or local governments.

2015 ◽  
Vol 10 (6) ◽  
pp. 197-201
Author(s):  
Модникова ◽  
Tatyana Modnikova

The article investigates the autonomy of local governments in addressing to issues of local importance in the modern science of constitutional and municipal law. The author shows the different approaches to this issue, analyzing the role of public authorities and their powers. The author substantiates the Russian Federation as a sovereign state which has the right to provide adequate measures of responsibility of local authorities and elected officials of local self-government.


2021 ◽  
Vol 12 (1) ◽  
pp. 99-111
Author(s):  
Mikhail Yu. Dityatkovskiy ◽  

The article characterizes the problems of implementation in cities of the right of local governments to address issues that are not related to issues of local importance. The topic is insufficiently studied and not well understood. The work attempts to determine the place and right of local governing bodies to address issues not related to local matters, within the competence of local governments, and the author explores the history of the legislative consolidation of the rights of local governments to resolve such issues. Accordingly, on the basis of the Federal Law of October 6, 2003 No. 131 “On the General Principles of Organizing Local Self-Government in the Russian Federation”, as well as analyzing the work of a number of scholars, the author classifies the powers exercised by the bodies and officials of local self-government depending on the areas within which these powers are exercised. In addition, the article provides a list of features that are characteristic of the right of local governments of cities to resolve issues. The conclusions reached by the author are correlated with the purpose of his research — to understand the legislative consolidation of the concept of “the rights of local governments of cities to solve issues not related to issues of local importance”. A deep theoretical study of this concept and the mechanism of its implementation is required, followed by a change in the above Federal Law.


2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova

Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.


2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.


2016 ◽  
Vol 11 (2) ◽  
pp. 146-151 ◽  
Author(s):  
Кожанчиков ◽  
Oleg Kozhanchikov ◽  
Кожанчикова ◽  
Natalya Kozhanchikova

The patent system of taxation is one of special tax regimes for individual entrepreneurs. The patent system is enforced by laws of subjects of the Russian Federation. The tax code provides certain powers of public authorities of subjects of the Russian Federation on the patent system of taxation, including the right to set the size of the potential possibility to receive annual income and its differentiation according to the established criteria in the tax code. In the Orеl region in the differentiation of the potential possible annual income to receive some criteria are not used, such as vehicle capacity and number of seats in the vehicle. We propose to use these criteria of differentiation in the regional legislation.


2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.


2017 ◽  
Vol 1 (3) ◽  
pp. 125-134
Author(s):  
Tatiana Frolova

The subject. The article shows the approaches to the process of creating and realizing strategiesof socio-economic development of the largest cities in the Russian Federation. Thestrategies of socio-economic development of the largest cities have been fundamental inthe formation of such city agglomerations as “Big Volgograd” (Volgograd), “Big Rostov”(Rostov), Zhigulevskaya agglomeration (Samara), Nizhegorodskaya agglomeration (NizhnyNovgorod), Chelyabinsk city agglomeration (Chelyabinsk) and these strategies contain themain ways of development which go far beyond the competence of local importance.The purpose. The article addresses the problems that arise in the process of creating strategiesof socio-economic development of the largest cities including the extent of powerbetween public authorities of different levels.The methodology. The systematic approach, methods of formal and comparative analysisof law as well as synthesis are used in the article.Results. Before the adoption of Federal Law “On the Strategic Planning in the Russian Federation”(further down the article 172-FZ) strategic planning was unsystematic and therewere no unitary law-based approaches towards the drafting process of strategic planningdocuments. After the adoption of 172-FZ the situation has not dramatically changed.The analysis of strategic planning in the largest cities shows the lack of unitary approachestowards the drafting process of strategic planning documents, the definitions of missionand strategic goals of development, the assessment of largest cities importance in the contextof over-regional, regional and internal city area development. Also, the peculiarities ofterritorial planning and budgetary process in municipal establishments are not taken intoconsideration.


2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system


Author(s):  
M.A. Gabdullina

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.


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