No 4 (2018)
РАЗДЕЛ 1 КОНСТИТУЦИОННОЕ ПРАВО
6-9 197
Abstract
In accordance with the legislation of the Russian Federation, the public service must be a system. Meanwhile, the analysis of the legislation shows that the thesis on the incompleteness of regulation of the public service system including state civil, military and other types of public service is not confirmed, the concept of «public service system» is not defined, contradictory theoretical and applied positions about the types of public service exist. The development of the legislation on public service is unstable, inhomogeneous, the relations between the types of public service, as a rule, are not established. The legal status of employees of various kinds of public service is heterogeneous as well. The article discusses other types of public service, in particular in Customs authorities, in internal affairs bodies. It is concluded that the composition of the public service system needs concretization, the list of types of public services should be closed. Standardization of the legislation on public service will ensure the formation of a unified system of public service.
РАЗДЕЛ 1. КОНСТИТУЦИОННОЕ ПРАВО
10-14 91
Abstract
The article analyzes the development tendencies of legislation of the Russian Federation in sphere of provision of constitutional freedom of religion on the example of activity of state authorities and civil society institutions of the Siberian Federal District. The activities of the judicial bodies, the established administrative procedures, the dynamics of establishment and activities of religious organizations in the area; carrying out the state religious examination and the corresponding normative material, the issues of counteraction to extremist activity are analyzed in detail. The relevance of the study is determined by the dynamic development of domestic legislation in this area and the need for scientific understanding of the constitutional freedom of religion implementation over the twenty-five-year period of the Constitution of the Russian Federation being in force. The results of the material analyses conclude about the guarantees of constitutional freedom of religion in the Russian Federation.
15-19 159
Abstract
In the article, based on historical-legal research of interaction of political parties and the state shows formation and normative consolidation of the constitutional principle of interaction at the present stage, the definition is formulated, also its realization is evaluated. During the research the formal-legal, historical-legal methods are used, as well as the method of interpreting legal norms. The author concludes that the constitutional principle of interaction in the relations of the political parties and the state is conditioned historically, politically and has undergone legal evolution. Its consolidation in the Constitution of the Russian Federation, which has some peculiarities, underlines its fundamental importance for the multiparty system development. The author believes that realization of the principle of interaction reflects the model of constitutional-legal regulation of the status of political parties, which should create preconditions for their free development and unhindered participation in the electoral process. Unfortunately, in Russia at present for many political parties there is no real possibility of interaction, which undoubtedly influences the multiparty system development.
20-24 96
Abstract
The article reveals the contents of constitutional rights of the Russian Federation citizens for land plots in the historical aspect since the adoption of the current Constitution and until present time, discloses rights and opportunities of the owner of the land plot, enshrined by the legislation and other normative legal acts. The assessment of guarantees in the field of citizens' rights to land plots is given. The role and significance of the Constitutional Court of the Russian Federation, the impact of its definitions, rulings on lawmaking and law enforcing practice in Russia are investigated. The federal legislation and the legislation of the constituent entities of Russia were compared, as well as, the scope of authority. A number of legal regulation problems in the field of land relations is identified, methods and ways of their possible solution are defined.
25-26 109
Abstract
The article considers the issue of the relevance of assigning the authority of election commissions of municipal entities to territorial commissions. The scientists' positions on this topic are analyzed, as a result it becomes obvious that there is no unified approach to solving such problem as assigning the authority of some commissions to others. On the one hand, it is noted in scientific circles that the tendency of assigning the authority of the election commissions of municipal entities to territorial commissions is a positive factor, allowing to improve the commissions’ activities. On the other hand, a number of scholars have a contrary view, justifying their views on the assigning of authority as being inappropriate. It is believed that this leads to violation of the legally enshrined principle of independence of election commissions. Despite the diversity of opinions expressed by scientists, it seems to be true that assigning the authority of some commissions to others is considered as a positive trend.
РАЗДЕЛ 2 ТЕОРИЯ ГОСУДАРСТВА И ПРАВА
28-32 88
Abstract
The problematics of the article reflect the predominance of territorial-regional factor in the evolution of the unified political-legal space of the Russian Empire and its administrative and legislative structure. The political-philosophical conception of social modernization in the context of the state-legal sphere of life of the society as the environment reflecting the managerial influence of public authority on society is chosen as an ideological basis. The implementation of the principles of state, administrative and national structuring of public administration is analyzed, as a result of which a significant share of outskirts autonomy in regulation of internal processes was allowed. The essence of the Empire as the totality of the monar-chic authority, regional non-sovereign formations and supra-ethnic composition of the population is emphasized. It is concluded that the interaction of the сenter and regions in the structural-managerial aspect of strengthening the Russian Empire was built based on the autonomy.
33-37 91
Abstract
In the article the analysis of some approaches to define the limits of interaction between natural and positivist legal theories on how to determine the volume of subjective rights and freedoms of a person and a citizen is carried out. The views of domestic lawyers on the history of positivist theory formation and its influence on the possibility of realization of interests of an individual person are investigated. The result of the study was the conclusions about the influence of established boundaries of interaction of legal approaches on the contents and effectiveness of various branches of law, first and foremost, constitutional law. A correlation between the methodology of numerous approaches existing within the two main theories, with separate problems in the sphere of law-and-practice activity, is shown, in particular the descriptions of the principles of legal systems functioning in the conditions of civil society development.
РАЗДЕЛ 3 ПРЕДПРИНИМАТЕЛЬСКОЕ ПРАВО
40-42 587
Abstract
Legal regulation of entrepreneurial activity is carried out by a complex of legislative acts representing various branches of law. The main source of legal right here is the law, but business activities are also regulated through judicial practice. Its increasing importance as a regulator of public relations is examined. The tendencies of the development of modern market economy are traced, forming the new contents of many traditional institutions, which is sometimes quite unexpected not only for the participants of these relations, but also for the legislator who cannot always orient in the dynamics of the property turnover relations. It is noted that the judicial authority through its activity approves the legal order regime in our yet only emerging market economy.
43-47 110
Abstract
This article studies prescribed by the Federal law of 5 April 2013 № 44 «On the contract system in the sphere of procurement of goods, works, services for provisioning governmental and municipal needs» and the legislation of the Russian Federation mechanisms that ensure both the proper procedures to determine the supplier and the feasibility of contracts. Both the traditional for contract systems in the sphere of procurement provisioning measures and the specific, defined based on the actual objectives of their application were subjected to review and evaluation. As traditional for contract systems we reviewed the institutions of provisioning applications for participation in the determination of the supplier, ensuring the contract performance, antidumping measures and as specific: the requirements for participants in the procurement of their membership in the selfregulatory organization in accordance with the article 55.2 of the Urban Planning Code of the Russian Federation, additional requirements to the participants of procurement of certain kinds of goods, works, services. According to the results of the study on evaluation of the effectiveness of the applied in the national contract system in the sphere of procurement of measures of effect on the market participants we have concluded that formally a set of norms developed and applied by the state, as well as by its organs and institutions, looks sufficiently elaborated. In conclusion, there are concerns that, following the development of mechanisms to ensure an effective determination of the supplier, unscrupulous participants of the contract system will force the legislator to seek new ways to develop the contract system in the sphere of procurement.
РАЗДЕЛ 4 АДМИНИСТРАТИВНОЕ ПРАВО
50-54 97
Abstract
As part of the administrative reform in the Russian Federation, significant changes happen in the interaction of the state authorities and citizens, and first of all it takes place in the sphere of providing state and municipal services. The institutionalization of public services in our country is a relatively new process. The nature of the relationship itself is transformed by introducing the principle of «one window», electronic applications of citizens for services, etc. In the article the analysis of approaches to define the concept of «public service» is given, the problems of legal interpretation of the term are shown. The Federal Tax Agency of the Russian Federation (FTA of Russia) is an example of an effective implementation of the process of rendering public services in our country. The FTA activity is aimed at fulfilling fiscal functions of the state in accordance with the Russian Federation legislation, ensuring control and supervising activity, improving the quality of tax administration, as well as creating comfortable conditions for taxpayers to pay taxes. The article considers the experience of Russian tax authorities in providing public services to citizens in electronic form.
55-58 217
Abstract
The article considers the modern level of development of the administrative responsibility institute of legal entities. Special attention is given to the substantiation of the necessity to adapt this institute to the modern state of business environment and to the purposes of stimulation of economic growth. The negative impact of the growing administrative burden on the entrepreneurial environment, the controversial nature of the formed level of penal sanctions imposed on business is consistently substantiated. In the article there is a classification of problems of administrative responsibility of legal entities, the author's approach to grouping them based on akin traits is given. Structural problems of the level of administrative burden on business, state of parity of interests of power and business community are singled out in a separate group of problems. The author of the article concludes that the modern state of the administrative responsibility institute of legal entities has a clear dominance towards the interests of the state and does not fully reflect the interests of the entrepreneurial community. The article concludes with detailed consideration of specific problems, elaboration of recommendations on improving the system of administrative responsibility of legal entities in the sphere of entrepreneurial activity.
59-62 156
Abstract
At the present stage, the international information and communication network Internet is actively used to host extremist materials. The problem is global in nature and very relevant for the Russian Federation as one of the main participants in the global political process. Using the global Internet and the possibilities of computer communication, ideologists of extremist movements and groups actively influence the consciousness of citizens and, first of all, young people. As a result, the problem of extremism, which can now be regarded as a problem of national importance and a threat to Russia's national security, has been escalating in recent years. The paper describes the essence of extremism as a negative social phenomenon in modern conditions. The role of state law enforcement agencies in combating it. Statistical data of the General Prosecutor's office and the Judicial Department of the Supreme Court of the Russian Federation are presented and analyzed. It is concluded that at present, ensuring national security in the field of information technology, improving the regulatory framework and the development of new technical means to counter the spread of extremist ideas in the information space of Russia are among the priorities for both public authorities and law enforcement agencies.
ISSN 2412-8945 (Print)