О соотношении государственных услуг, функций и полномочий органов исполнительной власти
The article analyzes the legislation in force as well as the legal opinions that exist with respect to the legal treatment of public services, legal powers, and administrative functions of the executive authority. The author notes the ambiguous and contradictory nature of legal regulation in the sphere of public services and the absence of a uniform approach to understanding them in the Russian law theory. The existing legislation defines public services through administrative functions or works or activities or legal powers. This is unacceptable from the standpoint of legal writing as clarity and unambiguousness of terminology adopted in legislation is one of the most important factors of its efficiency and of the quality of state governing. The author concludes that public services, legal powers, and administrative functions are widely different terms that denote different legal phenomena. "Legal powers" and administrative functions are an institution of public law, whereas "public services" belong to the domain of private law.
1. Description of the problem. Instrumental analysis makes it possible to find the arguments of adjudication on the bounders and structure of corpus delicti, its correlation to criminal and filling-up legislation. 2. Initial theses. Corpus delicti is regarded as that expressed in criminal law doctrine result of reorganization of orders of criminal law into other practically necessary form. That happens in the process of theory and practical experience accumulation. The construction of corpus delicti is transformed for practical needs, textually expressed system of features, regulated by criminal law and characterizing deeds as a crime of a definite type. Correlation of construction of corpus delicti with law and doctrine. Corpus delicti, its algorithm. Transition from law regulations to corpus delicti can be done: 1) prog-nostically; 2) within constant analysis of law; 3) in the process of law application. 3. Stages of instrumental building of corpus delicti: prognostic, doctrinal, law applicatory. Instrumental approach to corpus delicti includes within each stage: 1) based on criminal law decision of classification of corpus delicti and its borders; 2) objective description of a factual model; 3) acception of meaning correlated with legal notions and constructions; 4) choice of the construction of the corpus delicti and disposal of characteristics; 5) verification of legitimacy, necessity and adequacy of foundation. 4. Instrumental analysis of disputable questions of understanding and application of constructions of corpus delicti. A. Functions and purposes of application of construction of corpus delicti. Functions of corpus delicti: a) modeling; b) communicative; c) identificatory; d) technological. B. Contents of corpus delicti. Contents of corpus delicti as it is traditionally regarded does not correspond to indications of crime, does not characterize features of social danger; sign of danger of penalty also does go into corpus delicti. Two variants are proposed for the discussion: widening of the borders of corpus delicti by means of introduction of signs of social danger and signs, defining individualization of penalty and to limitate corpus delicti by characteristic of criminally punished act, separating it from contents of guilt and contents of social danger. C. Structure of corpus delicti. There are two problems: division of elements of crime seems to be extremely harsh and inadequate - it is expedient to include signs of special and time limits of act, causal links, crossing signs of objective and subjective sides, first of all consequences and an object of crime, into the structure of corpus delicti. Forms of committing a criminally punished act is a crime commitment in complicity, ideal system, not finished crime.
Proceedings of the 17th International Conference held in Šlapanice in the Czech Republic on 17-18 January 2013 at Masaryk University, Faculty of Economics and Administration, Department of Public Economics.
In this paper the authors analyze the optimization of public service delivery in Russia. The role of the optimization of administrative processes in the modernization of public administration is also considered; major activities aimed at the optimization of the public services delivery in 2010-2011 are described; some background information for decision making process is revealed; major methods of improving quality and accessibility of public services are analyzed; the key methodological approaches for the reengineering of public services and spheres of government regulations are presented. Basing on the researches conducted, the authors propose the ways of making the activities aimed at the optimization of public services effi cient.
This article is devoted to the consideration of the Federal Statute № 210- F3 of 27 July 2010 About the organization of state and municipal services provision. Th is is connected with a change for an electronic way of providing public administration services and executing its functions by using a universal electronic map. Th e Statute gives, for the fi rst time, a defi nition of the universal electronic map. It has provisions on the organization of the activity to issue, to give out and to operate electronic maps, as well as provisions about the order of giving out and delivering universal electronic maps; about the refusal of people to receive the map; about providing citizens with services within the framework of the electronic bank supplement. Th e Statute fully refl ects the current situation in the organization of providing public and municipal administration services.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/