Государственный и муниципальный контроль (надзор) в отношении граждан: нормативное регулирование и реализация на практике
The article discusses the views of Alexei Borovoi, one of the most prominent representatives of Russian post-classical anarchism, on issues related to the phenomena of parliamentarism and representative democracy. The first part of the article examines the basic philosophy behind the concept of anarcho-humanism, which determined Borovoi’s critical attitude to parliamentarian organization. His doctrine are based on negative dialectics and the continuous pursuit of an ideal that sends the society on an eternal quest for political forms compatible with the requirements of individuals with an ever increasing degree of liberty. The main part of the article analyzes Borovoi’s arguments against parliamentarism that can be summed up in the following six points: (a) the class nature of parliaments and the fi ctitious power of popular will; (b) the tyranny of the masses; (c) the parliament’s subordination to the government; (d) the opportunism of political parties; (e) the hypocrisy of election procedures; and (f) non-professionalism of parliamentarians.
Violence is the major threat to civilization. Since the monopoly on violence belongs to political states, the core problem is the excessive violence of the states. There are two aspects to this problem: violence toward the citizens of the state, and violence toward other states. The author treats these two facets of violence as two sides of one coin. The purpose of this essay is to highlight a possible normative approach toward the violence-free society
The article examines the competencies and terms of reference of the office of his own Imperial Office, created in 1826, whose main task was to systematize Russian law and publish the current collection of laws. Despite the fact that M.M. Speransky did not formally hold any posts in the Department, it was he who was the "MLG" and the "motor" of streamlining Russian law. The result of the activities of the Second Branch was the publication of the Code of Laws on an industry basis.
The book explores the issues of the general part of the criminal law as applied to economic crimes. The author espouses the idea of the economic criminal law as an independent sub-branch of the criminal law and systematically analyzes the criminogenic elements of the relevant crimes, the specifics of objective and subjective elements of crimes, stages of crime, complicity in crime, valid defenses, and punishment. The monograph is based on the modern criminal and other law of the Russian Federation (as of September 1, 2018), the law of the foreign countries, legal precedents, and doctrinal sources.
The book will be useful for scholars and practitioners, undergraduate and graduate students of law schools, as well as for the business community and all interested in the modern problems of the criminal law.
Law as a Model for Solving Ethical Issues
The author discusses the thesis proposed by H. Hazlitt that jurisprudence has developed such methods and principles of solving legal problems that could also serve as a guide in solving ethical problems. The article critically reviews the reasoning behind this thesis made by H. Hazlitt and L. Yeager. A special attention is paid to the influence of J. Bentham’s utilitarian ideas on the formation of Hazlitt’s conception. Not being a lawyer, Hazlitt in the work The Foundations of Morality argued that the law affects morality. In Hazlitt’s ethical theory judicial precedents affect the formation of moral rules. Hazlitt compares the formation of general rules in the sphere of morality and law. Using the formula of evaluation of moral rules proposed by Hazlitt, situations should be considered from three positions: subject of action, object of action, and impartial observer. Even though Yeager develops the ideas of Hazlitt, the former uses different arguments to substantiate the main thesis. Yeager believes that the laws have to declare the norms of morality. However, the arguments of Hazlitt and Yeager should be considered critically, as some researchers have done. As an additional argument to support the article’s main thesis, it is proposed to use the mechanism of conciliation procedures as a model for solving ethical problems. The article concludes that the thesis proposed by Hazlitt is valid but requires further reasoning and research by the philosophers of law.
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.