Article
Экстраординарные полномочия Президента РФ
Author analyzes the legal nature of forming of the extraordinary powers of Russian president. The key theoretical concepts is described in this article. Author sets great store by Constitutional Court practice that designs the extraordinary powers institute.
The second part of the article provides the system synthetic classification of presidential powers. The specification is based on explication of presidential status essence, sources of law, value-based and functional mission of powers, legal meaning and activity process of the President. There are two groups: ordinary and extraordinary powers, above all. The further split relates to constitutional and extra-textual powers and their spices. There are precedent, legal, statute, inherent and implicit extra-textual powers here. Also, the incident and political powers are determined among ordinary powers and non-public ones for extraordinary powers. Finally, the author argued the need of radical minimization of extra-textual powers and defines main directions of its realization. The legal and political bottlenecks prevented to bring presidential powers into compliance with the functionality assigned as constitutional are marked by the author.
The Russian Constitution reflects universally recognised consensus in the area of promoting the principle of equality and non-discrimination, enshrining main guarantees of equality of citizens regardless of their national and ethnic origins, gender, age, social and other status and other criteria. The Constitutional Court's case-law develops and clarifies these basic provisions enriching them by criteria of admissible differentiation of legal status. Preferences given to some vulnerable groups of people im comparison with the general group may raise the issue of positive discrimination the origins and types of which are expounded in the report. The analysis is given of main situations where the Russian Constitutional Court faced that issue and the evolution of its cas-law on the matter, especially in the light of the European Court of Human Rights' approaches.
Essence of a super-presidential republics of Latin-American countries is described in this article. It is reliance on army to achieve political ends that identifies the peculiarities of President power, here. Author analyzes the constitutional legal regulation features of President authority in different branches and fields of power and governance (greater concentration of power, extraordinary powers, military as a subject of governance, coercive violence, party system backwardness). The «succession» legal treatment is given in the article - shift of power from actual president and his immediate circle to his (their) protégé.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.