State Power and Local Self-government №1 - 2014

ПРАВО. ОБЩЕСТВО. ГОСУДАРСТВО

• Mamychev Alexey Yuryevich,

  GOVERNMENT IN THE XXI CENTURY: CONTEMPORARY POLITICAL SIMULATION PROJECTS p. 3-9

  Mamychev Alexey Yuryevich, Head of the Department of Theory and History of Russian and foreign law “Vladivostok State University of Economics and Service”, PhD, Associate Professor

  GOVERNMENT IN THE XXI CENTURY: CONTEMPORARY POLITICAL SIMULATION PROJECTS

  This article analyzes the current transformation projects of state authority (neo-liberalism, neo-Marxism, cosmopolitanism, neoanarhizm, etc.), in the context of which substantiate the new forms of social organization and political communication.

  Key words: government, institutions, methodology, political relations of the right, the public authority.

• Lantsedova Yulia Aleksandrovna,

  THE NEW DOCTRINE OF CONSTITUTIONAL RESPONSIBILITY p. 9-13

  Lantsedova Yulia Aleksandrovna, associate professor of the Civil and Criminal Law and Procedure Law School of the Chernomorskiy State University of the name of Petro Mohyla, candidate of jurisprudence

  THE NEW DOCTRINE OF CONSTITUTIONAL RESPONSIBILITY

  The essence of the new doctrine of constitutional responsibility in the context of the new classifi cation of jurisprudence and essential step species division of legal responsibility is opened. The new doctrine of the court as a branch of government and antidelictual authority, leading including constitutional proceedings is offered. Features of formation of the doctrine of constitutional responsibility in relation to the legislation of Ukraine are refl ected.

  Key words: constitutional responsibility, the Constitutional Code of Ukraine, the Code of Constitutional Procedure of Ukraine, the species division of legal responsibility.

ГОСУДАРСТВЕННАЯ ВЛАСТЬ

• Burinova Lidiya Dadunovna,

  LEGISLATIVE (REPRESENTATIVE) AGENCIES IN THE SUBJECTS OF THE RF AS AN INSTITUTIONAL COMPONENT OF PARLIAMENTARISM p. 14-17

  Burinova Lidiya Dadunovna, assistant professor of the Chair of Civil Law and Procedure of the Faculty of Management and Law of the Federal Budgetary State Educational Establishment Kalmyk State University, candidate of jurisprudence

  LEGISLATIVE (REPRESENTATIVE) AGENCIES IN THE SUBJECTS OF THE RF AS AN INSTITUTIONAL COMPONENT OF PARLIAMENTARISM

  The article examines the status of the legislative bodies of the members of the Russian Federation as a structural element of Russian parliamentarism. Based on the analysis of the articles of the Constitution of the Russian Federation the necessity and the details of the legislative power in the regions is justifi ed

  Key words: stаte, lаw, power, President of the Russiаn Federаtion, аgencies of stаte power, pаrliаmentаrism

• Katkova Larisa Vladimirovna,

  INFORMATION TECHNOLOGIES IN PARLIAMENT ACTIVITY p. 18-22

  Katkova Larisa Vladimirovna, Head of the state and international legal disciplines of Murom Institute (branch) of the federal government's budget educational institution of higher education ≪Vladimir State University Alexander G. and Nicholas G. Stoletovs≫, candidate philosophy

  INFORMATION TECHNOLOGIES IN PARLIAMENT ACTIVITY

  This article analyzes the impact of information society in the parliament, the problems of information and communication technologies in its operations, the willingness of society to the use of such technology and the quality of democracy in the new information age.

  Key words: Parliament’s activities, information technology, ≪e-government≫, computerization of lawmaking.

ПУБЛИЧНЫЕ УСЛУГИ

• Panchenko Vladislav Yurievich,

  ON THE CRITERIA OF ACCESSIBILITY AND QUALITY OF PUBLIC SERVICES p. 23-28

  Panchenko Vladislav Yurievich, Associate Professor at the Siberian Federal University, candidate of jurisprudence

  ON THE CRITERIA OF ACCESSIBILITY AND QUALITY OF PUBLIC SERVICES

  The paper substantiates the need to formalize the criteria of accessibility and quality of public services; the need of its differentiation, depending on the legal or actual nature of the service; absolutization inadmissibility of such a subjective evaluation criteria as citizens’ satisfaction.

  Key words: public services, state services, municipal services, legal assistance in implementation of the rights and legitimate interests, accessibility of services, quality of services.

• Nesterenko Igor Anatol’evich,

  TO THE QUESTION ABOUT MANAGEMENT RESPONSIBILITY FOR INFRINGEMENT OF THE LEGISLATION ABOUT THE ORGANIZATION OF GRANTING OF STATE AND MUNICIPAL SERVICES p. 29-33

  Nesterenko Igor Anatol’evich, docent of the faculty of civil-law disciplines of the subsidiary of St. Petersburg institute of foreign economic links, economies and right in Novosibirsk

  TO THE QUESTION ABOUT MANAGEMENT RESPONSIBILITY FOR INFRINGEMENT OF THE LEGISLATION ABOUT THE ORGANIZATION OF GRANTING OF STATE AND MUNICIPAL SERVICES

  In the article attempt of analysis of situations of federal legislation about management responsibility for infringements in the domain of the organization of granting of state and municipal services, as well as opportunity of her establishing on the level of the subject of Russian Federation is undertaken.

  Key words: the organization of granting of state and municipal services; administrative regulation; administrative offence; management responsibility; the units of public authority; institutions of local government.

АНТИКОРРУПЦИОННОЕ ЗАКОНОДАТЕЛЬСТВО

• Okorokov Valery Kuzmich,

  ANTI-CORRUPTION LEGISLATION IN THE SYSTEM OF LOCAL SELF-GOVERNMENT p. 34-39

  Okorokov Valery Kuzmich, Judge of the Supreme court of the Republic of Sakha

  ANTI-CORRUPTION LEGISLATION IN THE SYSTEM OF LOCAL SELF-GOVERNMENT

  This article discusses the issues of improvement of anti-corruption legislation, in this connection, the necessity to amend the criminal code, a number of changes and additions are offered.

  Key words: corruption, bribes, offi cials, foreign offi cials.

ИЗБИРАТЕЛЬНЫЙ ПРОЦЕСС И ИНФОРМАЦИОННЫЕ ТЕХНОЛОГИИ

• Ovchinnikov Valentin Alekseevich, Antonov Yaroslav Valer'evich,

  SOME ASPECTS OF ENSURING THE CONSTITUTIONAL CORRESPONDENCE OF THE ELECTRONIC VOTING AS A PART OF ELECTRONIC DEMOCRACY p. 40-44

  Ovchinnikov Valentin Alekseevich, candidate of jurisprudence, candidate of technical sciences, professor of the Chair of Constitutional Law of North-West Institute of the Russian Academy of People's Economy and State Service attached to the President of the Russian Federation
  
  Antonov Yaroslav Valer'evich, teacher of the Chair of Constitutional Law of North-West Institute of the Russian Academy of People's Economy and State Service attached to the President of the Russian Federation

  SOME ASPECTS OF ENSURING THE CONSTITUTIONAL CORRESPONDENCE OF THE ELECTRONIC VOTING AS A PART OF ELECTRONIC DEMOCRACY

  This article describes the legal problems of ensuring the constitutionality of electronic voting and possible options to resolve them. Particular attention is given to understanding the electronic voting in the context of edemocracy.

  Key words: the constitutionality of electronic voting, remote / distance voting, the architecture of the Internet, the system of voter identifi cation, the principle of equal suffrage, secret ballot, critics of electronic voting.

• Shugrina Ekaterina Sergeevna,

  SOME ORGANIZATIONAL-LAW PROBLEMS IN THE WORK OF ELECTION COMMITTEES IN THE RUSSIAN FEDERATION p. 44-48

  Shugrina Ekaterina Sergeevna, doctor of jurisprudence, professor of the Chair of Constitutional and Municipal Law of O.E. Kutafi n Moscow State Law University

  SOME ORGANIZATIONAL-LAW PROBLEMS IN THE WORK OF ELECTION COMMITTEES IN THE RUSSIAN FEDERATION

  The article considers the concept, system and signifi cance of election commissions. The special attention is drawn to investigation of functions of election commissions; notes that traditionally the main functions of election commissions are the duty to appoint elections if the empowered agency or the offi cial due to some reasons haven't done so themselves and on time, cutting election districts, formation of lower election commissions, preparation of lists of voters, registration of candidates, informing of voters, preparation of voting bulletins, determination of results of voting and control of observance of election rights of citizens. At the same time the article considers other functions of election commissions with regard to consideration of appeals, educational and educating activities of election commissions.

  Key words: election commissions, elections, functions, appeals, municipal agency, system and structure of the agency.

МЕСТНОЕ САМОУПРАВЛЕНИЕ

• Ordina Olga Nikolaevna,

  ENACTMENTS OF MUNICIPAL FORMATIONS AS SOURCES OF ADMINISTRATIVE LAW p. 49-52

  Ordina Olga Nikolaevna, candidate of juridical sciences, assistant professor of the Chair of Administrative Law of Volgo-Vyatka Institute (Branch) of O.E. Kutafi n Moscow State Law University

  ENACTMENTS OF MUNICIPAL FORMATIONS AS SOURCES OF ADMINISTRATIVE LAW

  The system of the normative lawful reports of local self-guidance can be named mini model, in essence copying principles and system connections of the lawful system of state as a whole. The general principles of the organization of the local self-guidance, which are contained in the federal legislation, are base for the association of all municipal formations of Russia. In the territory of one subject of the Russian Federation municipal formations unite the normative positions, fi xed by the laws of the subject of the Russian Federation. But its activity of municipal formation objectively causes the uniqueness of the system of the normative lawful reports of this municipal formation

  Key words: normative lawful act, sources of law, administrative law, rule of law, the municipal formation

• Goly'shev Evgenij Vladimirovich,

  MUNICIPAL FORMATION "URBAN LOCALITY" AS AN INDEPENDENT SUBJECT IN THE SYSTEM OF LAND RELATIONS p. 52-56

  Goly'shev Evgenij Vladimirovich, teacher of the Chair of Land and Ecological Law of Ural State Law Academy

  MUNICIPAL FORMATION "URBAN LOCALITY" AS AN INDEPENDENT SUBJECT IN THE SYSTEM OF LAND RELATIONS

  One of results of the reform of local self-government in Russian was appearance of municipal formations in the form of urban localities. However their legal status and interaction with other municipal formations (municipal district, city region, rural locality) remain complex and rarely clear. The judicial practice shows that majority of issues are raised by participation of urban locality as a subject in land relations. The complex character of conceptual framework with regard to land relations, land, land plot, determination of independence of a municipal formation in the form of urban locality requires further consideration and working out of practical recommendations.

  Key words: urban locality, municipal formation, local self-government, land relations.

ЗАРУБЕЖНЫЙ ОПЫТ

• Gavrilova Nadezhda Vladimirovna, Prokof'ev Viktor Fedorovich,

  FOREIGN EXPERIENCE OF ORGANIZATION OF ADMINISTRATIONS OF THE HEAD OF A STATE p. 56-62

  Gavrilova Nadezhda Vladimirovna, degree-seeking student, Russian Law Academy of the Ministry of Justice of the RF
  
  Prokof'ev Viktor Fedorovich, Dean of Law Faculty of Yaroslav Mudry'j Novgorod State University, candidate of jurisprudence, assistant professor

  FOREIGN EXPERIENCE OF ORGANIZATION OF ADMINISTRATIONS OF THE HEAD OF A STATE

  Тhe article is devoted to research of activities of the Head of State Apparatus in different countries in a theoretical and practical level. Based on the analysis of the current legislation, and historical acts, author explores the mechanisms of the Apparatus of the Head of State, identifi es their common features and the specifi cs of the legal regulation.

  Key words: Head of State, Apparatus (Administration), state servants, legal regulation