scholarly journals The proceeding of the amending the constitution of Russian federation: comparative analysis

2020 ◽  
Vol 6 (3) ◽  
pp. 123-129
Author(s):  
Mikhail V. Tregubov
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
The State ◽  
Public Authorities ◽  
Technical Problems ◽  
The Public ◽  
Basic Law ◽  
Unique Experience ◽  
The Russian Federation ◽  
Theoretical Considerations

The article is devoted to analysis of the provisions of the constitutions of the Russian Federation and the French Republic on the procedure for amending the text of the Constitution. On the premise of the legal and socio-political proximity of the constitutional systems of the Russian Federation and the Fifth French Republic, the author makes a comparative analysis of the provisions of the Constitution of Russia of 1993 year and the French Constitution of 1958 year, paying particular attention to the point of making changes and amendments into the text of the Main laws of Russia and France. According to the author, the Constitution, as the Supreme standard of the legal system of the State, its basis, should not become incapable of correction, static construct. For a truly democratic strengthening of the Constitution it is important to give the society the opportunity to modify it. Stiffness adjustment rules the Constitution can justify the theoretical considerations, international experience, technical problems that arise because of additions to the text, as well as the loss of credibility of the Constitution as the basic law. The article shows that the three-tier constitutional structure upgrade in Russia justifies itself in terms of the hierarchy of values. It is advisable to make or even exclude the procedure of changing the basic law and aspects relating to the State and national sovereignty; application of several simplified, lightweight procedures not only permissible but desirable in the case of the adoption of the amendments, which are associated with the device of the public authorities. However, according to the author, the mechanism must be employed for the review of the Constitution, not declarative, as the request for convening the constitutional Light in case of revision of the provisions of the Constitution of the Russian Federation. The French Constitution, establishing more concise mechanism changes, allows more flexibility to shift constitutional paradigms. In the end, the conclusion about the possibility of using the unique experience of French Constitutional reforms in Russia.

scholarly journals The place of local government bodies in a unified system of public government bodies of Russia: issues of theoretical implementation

2021 ◽  
Vol 25 (4) ◽  
pp. 750-767
Author(s):  
Levan T. Chikhladze ◽  
Olga Yu. Ganina
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
The State ◽  
Public Authorities ◽  
Theoretical Understanding ◽  
Scientific Methods ◽  
Legal Norms ◽  
The Public ◽  
Basic Law ◽  
The Russian Federation

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the public authorities concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of public authorities in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.

scholarly journals The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

Legal Mechanisms of Social and Cultural Adaptation and Integration of Migrants in the Russian Federation

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Людмила Андриченко ◽  
Lyudmila Andrichyenko
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Host Population ◽  
The State ◽  
Ethnic Composition ◽  
Integration Policy ◽  
Integration Model ◽  
Public Authorities ◽  
The Public ◽  
The Russian Federation

The article analyzes the current state of Russian legislation and expanded organizational and legal mechanisms of adaptation and integration of migrants in the Russian Federation. The problems of the division of powers between the various territorial levels of the public authorities in the field of adaptation and integration. The problems of legal regulation of the process of adaptation and integration and on the basis of relevant experience of foreign countries are offered the direction of its development. There have peculiarities of adaptation and integration in a multi-ethnic composition of the population of the Russian state. It is concluded that the implementation of the integration is a challenge not only to the state. Its implementation should involve the media, cultural and scientific organizations, the economy, as well as organizations of migrants themselves. It recognizes the need for differentiated integration policy of the state in relation to various categories of migrants. It is emphasized that the most optimal model of interaction of migrants and the host population is the integration model. An important area of legislative regulation of the author considers the need for further clearer delineation of powers between the public authorities in the field of adaptation and integration of migrants.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

On the taxation of deposits and bonds and the need to qualify passive income

2021 ◽  
Vol 27 (4) ◽  
pp. 875-893
Author(s):  
Ol'ga S. BELOMYTTSEVA ◽  
Anna S. BALANDINA
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Income Tax ◽  
The State ◽  
Individual Investors ◽  
Personal Income Tax ◽  
Interest Income ◽  
State Classification ◽  
The Russian Federation

Subject. The article discusses the taxation of interest income from deposits and bonds in the Russian Federation from perspectives of individual investors and the State, classification of people’s income into active and passive. Objectives. We outline actions to adjust the fiscal policy on personal income tax to unify the taxation and stimulate the innovating activity of individuals. Methods. The study is based on methods of logic and comparative analysis. Results. Tactically, payers of interest income are now bound to inform taxpayers on accrued interest income, and the need to qualify coupons of government, municipal and corporate bonds for relief. The strategic result is determined as the need to qualify active and passive income. Conclusions and Relevance. The findings can be an agenda of the State Duma of the Russian Federation and promulgated in the Tax Code of the Russian Federation.

Introduction to the Environmental Impact Assessment System and Public Participation in the Russian Federation

2003 ◽  
Vol 05 (03) ◽  
pp. 321-338 ◽  
Author(s):  
Nicole Kovalev ◽  
Johann Koeppel
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Russian Federation ◽  
The State ◽  
Assessment System ◽  
The Public ◽  
Independent Expert ◽  
The Russian Federation

The Environmental Impact Assessment (EIA) system in the Russian Federation has an extensive set of rules, the main ones are the Assessment of the Environmental Impact (OVOS) of a project and the State Environmental Review (SER). The SER is designed as an investigation of both a project and of its OVOS by an independent expert commission, which is appointed by the federal and regional environmental bodies. The decision of the commission is binding. In addition, a Public Environmental Review (PER) can be conducted by NGOs and recognised by the state. A mandatory component of the EIA in Russia is public participation. The process of public participation is regulated by Russian legislation (for example the Land Code, the OVOS guidelines and autonomous regional laws) and can take various forms. All these opportunities are established on paper; in reality, they are not always taken into account. There are a number of case studies used to observe the extent to which the public has an impact on environmental decision-making. Selected cases include examples in which the public was passive, in which it undertook limited activities, and in which participation was strong and projects were improved or stopped.

scholarly journals Development Evaluation of the Russian Nanoindustry in the State Innovation Policy

2017 ◽  
Vol 5 (3) ◽  
pp. 4-10
Author(s):  
Запороцкова ◽  
I. Zaporockova ◽  
Моисеева ◽  
D. Moiseeva ◽  
Архарова ◽  
...  
Keyword(s):  
Russian Federation ◽  
Innovation Policy ◽  
The State ◽  
Successful Development ◽  
Difficult Situation ◽  
The Public ◽  
Production And Distribution ◽  
The Russian Federation ◽  
Development Evaluation ◽  
Nanotechnology Industry

For successful development serious support is required most new scientific directions at the level of the state. In 2007 nanotechnologies got in the group of such perspective directions. After almost ten years there is a need to assess the pace of industry development and efficient use of budget funds. When searching for information placed in the public domain, the authors faced the problem of its closeness. As a result, the analysis was built on the data of Federal Service of State Statistics and statements of JSC «RUSNANO» for 2010–2015 years, in particular, we studied the dynamics of devised and used nanotechnology, nanotechnology industry in output production, and distribution enterprises producing nanoproducts for subjects of the Russian Federation. The executed research allows to say that the nanoindustry in the Russian Federation in the period from 2010 to 2015 was developed, but the growth rate is constantly decreasing. The economic crisis that has evolved over the years 2014–2016 showed the ability of enterprises to ensure the development of the nanoindustry in a difficult situation.

scholarly journals STATE SERVICE OF RUSSIA AND FOREIGN COUNTRIES: COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 10 (4(73)) ◽  
Author(s):  
S.N. Keramova
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
The State ◽  
Federal State ◽  
Legal Analysis ◽  
State Structure ◽  
State Service ◽  
The Public ◽  
Foreign Countries ◽  
The Russian Federation

Article considers the experience of the state structure of the state service of the Russian Federation and foreign countries. The purpose of this article is a comparative legal study of the problems of the Institute of state service in Russia and abroad in several foreign countries: USA, UK, France, Germany. The analysis oflegal regulation of the state service of foreign countries and the Federal state service of the Russian Federation is conditioned by the possibility of improving the legislation of the Russian Federation. The result of the study is the formulation of conclusions and proposals for improving the administrative legislation regulating the structure of the public service of the Russian Federation, using the experience of foreign countries

scholarly journals MODERNIZATION OF THE CONSTITUTION OF RUSSIA (TO THE RESULTS OF THE DISCUSSION IN CONNECTION WITH THE 25TH ANNIVERSARY)

2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Public Authorities ◽  
25Th Anniversary ◽  
Basic Law ◽  
Initial Stage ◽  
History Of ◽  
The Russian Federation ◽  
The One ◽  
Constitutional Construction

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.

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