Порядок разрешения вопросов о возмещении убытков, причиненных незаконными действиями государственных органов и должностными лицами
The article concerns interesting and important issues of compensation for harm caused by illegal actions of administrative bodies. The article focuses on the current aspect of the issue. The paper proposes necessary amendments to the legislation related to the issues raised in the article. In particular, the paper proposes amendments to the legislation, for example the supplement of Art. 2 in the Law of the Russian Federation from 27.04.1993 N 4866-1 On appealing against the actions and decisions violating the rights and freedoms of citizens’ may be supplied with the provision that citizens have the right to file application for damages or losses caused by illegal actions of administrative bodies in the event of denial letter regarding the implementation of pre-court dispute resolution by an official. The author also proposed to supply Art. 6 of the Law of the Russian Federation from 27.04.1993 N 4866-1 On appealing against the actions and decisions violating the rights and freedoms of citizens with the provision under which in cases established by law, when considering a complaint for damages (harm)caused by unlawful actions (inaction) of an official, court must take into account the obligation to complywith the order of pre-trial dispute resolution procedure for damages (harm) to a maximum of 100,000 roubles. Russian law 27.04.1993 N 4866-1 On appealing against the actions and decisions violating the rights and freedoms of citizens may include a rule under which unlawful conduct of an official who would not pay damages shall responsible. The author shows the necessity of the changes in the Arbitrazh and Civil procedural Codes of the Russian Federation, the Russian Code of Civil Procedure concerning the cases when an appropriate subject doe s not voluntarily pay the damages caused by unlawful actions (inaction) of officials, the amount to be raised through the courts, can be increased. The author concluded that legislation should encourage compensation in administrative procedure, as opposed to large financial costs in the courts.
The book presents a broad interdisciplinary view comcerning different aspects of civil service reforms in several countries, including Russia, in the context of transformation of role of state and character of its relations with civil society, what is taking place now in the leading coutries of the world. The main historical concepts of bureaucracy and contemporary searches new (post-Weberian) model of it are considered In the first - theoretical - part of book. The second part is devoted to inter-countries' comparative analysis of history and modern condition of civil service in Creat Britain, USA, Canada, France, Germany. The final section in each countries' paragraph is "The lessons for Russia". The subject of the third part is the Russian bureaucracy in historical and contemporary aspects. The American, English, Canadian, Rfzakh and Russian codes of civil servants' conduct applied to the monograth.
The article is devoted to the analysis of Russian e-government formation and
development factors in the context of policy innovation research. The evolution and current
state of e-government is examined. It is stated that the e-government in Russia has a
contradictory dynamics. The key factors of its formation are outer-oriented motivation to meet
international trends and inner – oriented pursuit of legitimacy and public administration
reform. The innovation has been implementing in the logics of modernization from above,
which with unstable political leadership, closed public sphere, ineffective executives,
institutional transfer mistakes and lack of resources has lead to its low results.
Keywords: e-government, Russia, administrative reform, policy innovations, authoritarian
Electronic Government in Russia became a strategic component in the governance process. To establish trust and security in the electronic interaction process between authorities and citizens, the Russian Government aims to deliver high quality public services through a secured and comfortable environment. The complexity of Strategic eGovernment decisions is illustrated through the example of a key eGovernment solution, the Citizens Electronic Card. The Citizens eCard project case study outlines strategic management issues caused by the interrelation between eGovernment and administrative reforms in Russia. The necessary technological, legal and organisational changes performed in Russia to effectively organise the national eGovernment system are also analysed.
This monograph is devoted to the description of the civil concept of the author's inclusive right. Inclusive right is guaranteed to the author or other rightholder through the construction and implementation of an inclusive mechanism of civil law regulation of copyright relations. The development of this concept is conditioned by the need to modernize the institution of copyright due to changes in the relationship to create and use works of science, literature and art in the information society. The problems of the current copyright system and the prerequisites for its modernization are investigated. Legislative initiatives aimed at forming a corpus of inclusive legal norms in the Civil Code of the Russian Federation and international copyright treaties have been formulated. A legal algorithm for constructing an inclusive mechanism for civil-law regulation of copyright relations in Russia and at the international level has been developed. The publication is intended for specialists in the management of intellectual rights and a wide range of readers.
This monograph is devoted to the description of the civil concept of the author's inclusive right. Inclusive right is guaranteed to the author or other rightholder through the construction and implementation of an inclusive mechanism of civil law regulation of copyright relations. The development of this concept is conditioned by the need to modernize the institution of copyright due to changes in the relationship to create and use works of science, literature and art in the information society. The problems of the current copyright system and the prerequisites for its modernization are investigated.
This book is a comprehensive tutorial for labor motivation management. Сourse on motivation and remuneration is mandatory Human Resource Management bachelor and master programs. Motivation and remuneration is also a part of human resources management course, which is a mandatory part for any managerial education program. This book is intended not only for students but also for a wide range of readers. It is written for practicing managers, management consultants, university and MBA programs professors. The main idea of this book is to connect a hands-on experience in implementing described models with a scientific base.
In accordance with the international investment legislation, a state is entitled to implement expropriation and nationalization measures with respect to foreign investments within its territory on condition of guaranteed prompt, efficient and adequate compensation provision in favor of investors. The article notes that there is no clear description of the phenomenon of foreign investors' property alienation in the Russian or world practice. Consideration is given to the types of expropriation: direct, aimed at deprivation of property rights for investments by authorities; indirect, or "creeping" expropriation representing gradual divestiture; and measures that are equivalent to expropriation and inhibit receipts of investment benefits. It is underscored that in the process of investment evaluation it is necessary to take into consideration the degree of intervention in property rights, intentions of the government, and the impossibility to discharge adequate investors' expectations.
We address the influence of directors who represent institutional investors in three aspects of board compensation policies: level of compensation, composition, and performance sensitivity. We differentiate pressure-sensitive directors (i.e., with business links) and pressure-resistant directors (i.e., without business links). Our results show that pressure-resistant directors decrease total board compensation and its fixed proportion, whereas they increase the variable proportion of total remuneration and the pay-for-performance sensitivity. By contrast, pressure-sensitive directors offer the opposite results. These findings are consistent with the view that institutional investors are not a homogeneous group and that pressure-resistant directors fulfill a more thorough monitoring role. © 2013 ACEDE.
This chapter presents papers by the participants of the working group “Local Governance and Local Democracy”. Oxana Chernenko, Ass. Prof. of HSE, and Susan Guerra, Municipality of Oslo, Unit for Sustainability, were the academic supervisors of this group, Chuck Hirt, Council of Europe, expert, head of Citizens Network.
The group worked on the following research problems. According to the
European Charter of Local Self-Government (1985), “Local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population”. To what extent does practice of municipal governance in the Russian Federation give us justification of this phenomenon?
Almost everywhere in theRussian Federation municipal management is not based on local self-government. The process of transferring management functions to local communities level is not developing but rather declining. The signs of interaction of local self-governance with municipal management can only be seen in rural settlements and towns. They are weak in city settlements, despite of the favorable local environment, and are not shown in any way at the municipal areas level where bodies of municipal management associate themselves with the government, and this
aspiration is supported by the regional level of the state government(power). The institute of local authorities institute is different by nature, which causes constantly arising problems with the explanation, and furthermore, with prediction local selfgovernance trends. Absence of a developed methodology does not allow to provide standard consistent recommendations about the structure of municipal authority. The
object of research is still “too young” (despite the deep tradition of self-governance in Russia, not only in rural communities, but also in towns) and still very much dependent on the local social and administrative features, as well as on the territorial and spatial features of the country.
The aim of this project was to study and analyze models of self -governance at the level of local communities through cross-country comparison (especially from a legal perspective) and to see how the European experience can be implemented in Russia.
These issues are discussed in the participants’ papers, including “Reputationbased governance and making states ‘legible’ to their citizens” by Lucio Picci, “Improving the quality of municipal service: cases on administrative reforms in the UK and Sweden” by Julia Minaeva, and “Local Governance in Scandinavian countries: is there a Common Model?” by Svetlana Tokunova.
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/