Органы исполнительной власти субъектов РФ: разрешительные функции и государственные услуги
The article is devoted to the characteristics of the legal regulation of the rendering of state services and of the realization of functions by the executive bodies of the constituent members of the Russian Federation. It is emphasized on the correlation of the categories of “functions of authorization” and “government services”. The author stresses the duality of functions of authorization, which are implemented in the framework of the provision of government services. The article contains the analysis of the regional legislation and practice of law enforcement in a given context.
1. Description of the problem. Instrumental analysis makes it possible to find the arguments of adjudication on the bounders and structure of corpus delicti, its correlation to criminal and filling-up legislation. 2. Initial theses. Corpus delicti is regarded as that expressed in criminal law doctrine result of reorganization of orders of criminal law into other practically necessary form. That happens in the process of theory and practical experience accumulation. The construction of corpus delicti is transformed for practical needs, textually expressed system of features, regulated by criminal law and characterizing deeds as a crime of a definite type. Correlation of construction of corpus delicti with law and doctrine. Corpus delicti, its algorithm. Transition from law regulations to corpus delicti can be done: 1) prog-nostically; 2) within constant analysis of law; 3) in the process of law application. 3. Stages of instrumental building of corpus delicti: prognostic, doctrinal, law applicatory. Instrumental approach to corpus delicti includes within each stage: 1) based on criminal law decision of classification of corpus delicti and its borders; 2) objective description of a factual model; 3) acception of meaning correlated with legal notions and constructions; 4) choice of the construction of the corpus delicti and disposal of characteristics; 5) verification of legitimacy, necessity and adequacy of foundation. 4. Instrumental analysis of disputable questions of understanding and application of constructions of corpus delicti. A. Functions and purposes of application of construction of corpus delicti. Functions of corpus delicti: a) modeling; b) communicative; c) identificatory; d) technological. B. Contents of corpus delicti. Contents of corpus delicti as it is traditionally regarded does not correspond to indications of crime, does not characterize features of social danger; sign of danger of penalty also does go into corpus delicti. Two variants are proposed for the discussion: widening of the borders of corpus delicti by means of introduction of signs of social danger and signs, defining individualization of penalty and to limitate corpus delicti by characteristic of criminally punished act, separating it from contents of guilt and contents of social danger. C. Structure of corpus delicti. There are two problems: division of elements of crime seems to be extremely harsh and inadequate - it is expedient to include signs of special and time limits of act, causal links, crossing signs of objective and subjective sides, first of all consequences and an object of crime, into the structure of corpus delicti. Forms of committing a criminally punished act is a crime commitment in complicity, ideal system, not finished crime.
This book, issued by the Paris United Research Department of Comparative Law and the Institute of Legislation and Comparative Law on the one side and by the Government of the Russian Federation on the other side is the first French-language publication providing access to recent developments in the Russian administrative law. One is confronted with French law and other human rights developments in Europe, on topics selected by mutual agreement by the authors from the issues on the agenda of reforms in Russia. Administrative procedures and control are key legal issues. How they are set dependent on the level of protection of rights and freedoms, the efficiency of public administration, economic development and stability of the state in general. Transformations of the Russian administrative law are put into the context of European administrative rights. French readers will see how the Russian context influences how to address them; Russian edition has brought to the attention of the Russian reader the general principles of French administrative procedure, the system of implicit decisions, the role of individuals in the completion of certain public tasks.
The creation of «Multifunctional centres of public services» (MFC) became a key area of administrative reform process in Russian Federation in 2008. The main role in launching MFC was given to the regions of Russia. Regional governments had to find a place, to hire labor, to provide communications and finance. But the requirement to provide federal services through MFC forced ministries and agencies to join the regional projects. In the article a common experience of federal government structures in dealing with MFC startup projects is reviewed. The key points of decisions (as the form of service provision, finance collaboration, team building and internal communication, PR and information support) are discussed, thus sketching out the best-practice and recommendations from a real experience.
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/