АКТУАЛЬНЫЕ ВОПРОСЫ АДМИНИСТРАТИВНОГО СУДОПРОИЗВОДСТВА В РОССИЙСКОЙ ФЕДЕРАЦИИ
The article addresses the issues of pre-trial and extra-judicial appeal, review of administrative
affairs, identifies problems in the current legislative regulation, offered options for their solutions.
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.
One of the measures implemented as a part of administrative reform in Russia was the introduction of administrative procedures — special rules for providing government services that specify the process, the timing, the sanctions, etc, which can be used by bureaucrats for coordinating their activities, and by their principals (higher ranking bureaucrats and citizens) to control their agents. The main idea behind the administrative procedures was to increase the transparency of bureaucracies that provide government services, to simplify the control over bureaucrats, to prevent corruption, and, consequently, to increase the quality of government services. But after a few years since the introduction of administrative procedures we still face the problem of low accountability of bureaucrats. Thus, the main goal of the paper is to show whether administrative procedures can solve the problem of bureaucrats’ opportunism, and if they can, what are the key determinants of their effectiveness. To answer the question we provide two simple models of interaction between bureaucrats and citizens, and bureaucrats of different ranks, and describe the links between the models, to show how the introduction of administrative procedures influences the outcome of the interaction between the agents. We also define the set of parameters that can make administrative procedures a real means of control over bureaucrats and thus lead to better quality of government 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/