Передача государственных полномочий организациям: правовой механизм
The author considers the issues of common legal approaches to understanding the transfer of state authority on the basis of analysis of Russian legislation and received in the last years of practice and rules, which could form the basis of the relevant legal mechanism. The author does not guarantee full and comprehensive coverage of the topics: Institute transfer of state responsibility - a global and interdisciplinary phenomenon. The article gives some examples of privatization, outsourcing, considers the problem of implementing the theory of service state, some case studies involving organisations to provide public services, of concession of objects of culture. The reader will see the problem of transfer of state responsibility and some proposed solutions, and, first, from the point of view of public law approach, and, secondly, from the point of view of General regulation (primarily, constitutional and administrative law).
This paper uses the banking industry case to show that the boundaries of public property in Russia are blurred. A messy state withdrawal in 1990s left publicly funded assets beyond direct reach of official state bodies. While we identify no less than 50 state-owned banks in a broad sense, the federal government and regional authorities directly control just 4 and 12 institutions, respectively. 31 banks are indirectly state-owned, and their combined share of state-owned banks’ total assets grew from 11% to over a quarter between 2001 and 2010. The state continues to bear financial responsibility for indirectly owned banks, while it does not benefit properly from their activity through dividends nor capitalization nor policy lending. Such banks tend to act as quasi private institutions with weak corporate governance. Influential insiders (top-managers, current and former civil servants) and cronies extract their rent from control over financial flows and occasional appropriation of parts of bank equity.
The issue is devoted to outsourcing using by public authorities. In the issue there is the experience of using administrative processes in the RF subjects. The nature of public duties that can be outsourced are determined. Outsourcing is seen as a technology of public administration.
The Working Paper examines the peculiarities of the Russian model of corporate governance and control in the banking sector. The study relies upon theoretical as well as applied research of corporate governance in Russian commercial banks featuring different forms of ownership. We focus on real interests of all stakeholders, namely bank and stock market regulators, bank owners, investors, top managers and other insiders. The Anglo-American concept of corporate governance, based on agency theory and implying outside investors’ control over banks through stock market, is found to bear limited relevance. We suggest some ways of overcoming the gap between formal institutions of governance and the real life.
This book is about twenty-year's experience of privatization in different countries including Russia. The book also includes sestematozation of academic views at the problems of state failures and effectiveness of the state owership.
Researchers of civil control are interested in public interest as legal category. Civil control is an observation, verification and appreciation in accordance with public interests by government. Civil control is exercised for the purpose defense and protection of the public interests.
In the article the international experience of management of employment in the public sector is shown, corresponding numerical calculations are given, the thought on possibility of its use in Russia is stated. The author believes that transfer of some functions into outsourcing in frameworks of the policy of the new public management (NPM) can be one of directions of perfection of the management of employment efficiency and payment in the public sector. Simultaneously he expresses his conviction that reduction of the number of the occupied should not be mechanical, but the thought over and gradual process assuming simultaneous increase of efficiency of activity in the sphere of the public management.
The paper proposes a political and legal approach to conceptualizing modern democratic state as law-governed, social and secular. It defines legal, institutional, and socio-political characteristics of law-governed, social, and secular state.
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/