Индикаторы риска при осуществлении государственного контроля (надзора)
Risk indicators of violation of mandatory requirements are a new enforcement and inspection tool in Russian legislation. Risk indicators were introduced in the legal field in 2016. Their practical application began only in 2018. The use of risk indicators began in business and financial management. In the field of inspection and supervisory activities, there is still no established practice for their use. In addition, no methodological documents were adopted that could assist the inspection authorities in applying risk indicators. The public administration science also lacks comprehensive work on the analysis of proper use of risk indicators. To eliminate these gaps, the authors analyzed legal acts on the use of risk indicators, studied the practice of using risk indicators and prepared proposals for improving approaches to their development in the future.
In the modern globalized world almost all the transactions involve a foreign element which inevitably leads to the disputes arising in a foreign country. This is old news for Russian citizens and companies who find themselves more often than ever in the middle of litigation abroad. However, lawyers are well aware that winning a lawsuit is not the end – seeking recognition and enforcement of the judgment is the next step. Enforcing judgments in Russia is a tricky business, the one that many are not ready to encounter. Although Russia is a party of about thirty agreements on mutual recognition of the foreign judgments, there are no such agreements with major European countries or America. In such cases, the principles of comity and reciprocity come into play. Even if there is a legal basis for recognition, then when is the court allowed not to recognize or enforce it? Russian foreign policy does reflect the need for establishing a new level of connection with the countries of the world community by enhancing economic, trade and cultural relations. As a prerequisite for this though, Russian legislation must adequately protect the rights and legitimate interests of foreign partners. Certainty of a result is what attracts businessmen, especially foreign investors. Therefore, the law on recognition and enforcement of foreign judgments (hereinafter - REFJ) must lead to a stable and predictable outcome. This paper is dedicated to analysis of the current Russian legislation, judicial decisions on REFG as well as writings of scholars on the existing problems obstacles and problems. Moreover, here will be discussed the peculiarities of the law of the United States of America on the recognition and enforcement of foreign-country judgments.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.
Analytical report addresses the pressing problems of the state control (supervision) and municipal control in the Russian Federation. The study summarized the results of enforcement of the Federal Law of December 26, 2008 № 294-FZ "On the Protection of the rights of legal entities and individual entrepreneurs at the state control (supervision) and municipal control" since May 2009. In preparing the report authors identified significant problems of legal regulation in this area and the mechanisms to address them. For all interested in the problems of state control (supervision) in the Russian Federation and the performance of supervisory functions of the organs of state power and local self-government.
"10.07.27 Философские проблемы государства и права
10.07.31 Социология права
10.07.61 Теория права
10.09.91 История государства и права отдельных стран
Тhe article considers accounts Valuation and Budget rules - documents, regulating the budget process, or the process of compiling, approving, implementing and controlling of implementation of the state scheduling of income and expenses in Russia of the end of 19th - beginning of 20th century. The named documents are to be a foundation of present budget law in Russia, that supposes their detailed research.
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.