Оценка эффективности законодательства в сфере предпринимательской деятельности

The article examines the normative legal acts on the implementation of the preventive function by the prosecution bodies of the Russian Federation. The correctness of the definition of the preventive function of the prosecution bodies given in Article 9 of Federal Law No. 182-FZ of 23 June 2016, “On the Foundations of the System for the Prevention of Offences in the Russian Federation”, is critically assessed. The need to clarify the content of the preventive function of the prosecutor's office by introducing amendments to a number of existing normative legal acts of the Russian Federation is substantiated. The author notes that the current Russian legislation, scientific community, and law enforcement practice are still uncertain about what the implementation of the preventive function by the prosecution bodies of the Russian Federation means. The author analyzes the norms of Articles 5 and 9 of Federal Law No. 182-FZ. She infers that, at present, based on the existing norms, it is impossible to make an unambiguous conclusion about how the prosecution bodies carry out the preventive function. On the one hand, it can be argued that the analyzed law provides for the implementation of an independent preventive function by the prosecutor's office within the framework of prosecutor's supervision over the implementation of laws. On the other hand, it would be appropriate to suggest that the legislator equates the supervisory function of the prosecutor's office with the preventive one. Federal Law No. 2202-1 of 17 January 1992 (as amended), “On the Prosecutor's Office in the Russian Federation”, does not clarify this issue; it gives two main functions of the Prosecutor's Office: supervision and criminal prosecution, leaving the list of possible functions open. This law does not specifically disclose the preventive function of the prosecutor's office. The function is deducible from the norms of Section III (Prosecutor's Supervision), Article 8 (Coordination of Activities to Combat Crime), and Article 9.1 (Conducting AntiCorruption Expert Examination of Regulatory Legal Acts). The author notes that, given the existing uncertainty in laws, there are also different points of view on this issue in science. The author believes that the prosecution bodies are still not endowed with the competence for the prevention of offenses; therefore, they cannot perform the preventive function in its traditional sense. According to the current Russian legislation, the bodies of the prosecutor's office supervise the implementation of laws on the prevention of offenses. The current legislation has norms that contradict each other and norms with an indefinite meaning, which continues to raise numerous questions from theorists and practitioners, does not contribute to the uniformity and effectiveness of law enforcement practice. In this regard, the author proposes: (1) to clarify the powers of the prosecution bodies of the Russian Federation in the field of crime prevention, separating the supervisory function from the preventive one, in Article 9 of Federal Law No. 182-FZ on the Foundations of the System for the Prevention of Offences in the Russian Federation. The author believes that the supervisory functions are fully regulated by the Federal Law on the Prosecutor's Office in the Russian Federation; therefore, there is no need to duplicate these functions in Federal Law No. 182-FZ; (2) to provide specific preventive powers of officials of the prosecutor's office of the Russian Federation in Federal Law No. 182-FZ. For example, instructing and informing in the domain of law (Article 17 of Federal Law No. 182-FZ) are not classified as forms of preventive influence of officials of the prosecutor's office, although the prosecutor's office has always carried out these activities; (3) to provide for the implementation of the preventive function by the prosecutor in the texts of Federal Law No. 2202-1 on the Prosecutor's Office in the Russian Federation, Federal Law No. 182-FZ on the Foundations of the System for the Prevention of Offences in the Russian Federation, Federal Law No. 120-FZ on the Foundations of the System for the Prevention of Juvenile Neglect and Delinquency of 24 June 1999, and other preventive regulatory legal acts. The function should be specified through describing its content: instructing and informing in the legal domain, as well as coordinating and anti-corruption expert work.

Introduction. The analysis of normative legal acts in the field of fire safety and education is carried out. Approaches to the organization of training in fire safety measures are analyzed. The discrepancy between the formally existing normative legal acts regulating the same social attitude is revealed, which leads to a conflict of legal acts that creates difficulties in implementing training for a certain category of employees of organizations. A solution to this problem is proposed by introducing amendments to certain regulatory legal acts. The purpose of the study is to solve the identified legal conflict (conflict of legal acts) by making changes to certain regulatory legal acts. Research methods. To obtain the results, we used general scientific and special methods of scientific knowledge – analysis, generalization, system-structural, technical-legal, comparative law. The results of the study. The analysis of normative legal acts in the field of fire safety and education is carried out. A legal conflict (conflict of legal acts) has been identified. A variant of solving this problem by making changes to certain regulatory legal acts is proposed. Conclusion. Using the results of the conducted research, it is possible to initiate a procedure for making changes to the existing regulatory legal acts regulating public relations in the field of fire safety and education, which will solve the problem of training employees of organizations to the fire-technical minimum. Key words: training, fire-technical minimum, additional professional education, professional training, regulatory legal act.

The beginning of the Constitutional Court’s operation in the Republic of Kazakhstan marked the posing of a large number of problematic issues that require their solution both at the level of legal theory and practice. The presented article is focused on the analysis of the constitutional complaint’s institution and the formation of suggestions aimed at improving the relevant provisions of the Law of the Republic of Kazakhstan «On the Constitutional Court of the Republic of Kazakhstan» (hereinafter referred to as the Law). The author, first of all, studies the issue on the system of entities having the right to file a constitutional complaint. The author states that the current wording of the Art. 45 of the Law unjustifiably narrows the range of such entities. A constitutional complaint is currently not available to foreign citizens and stateless persons, as well as to legal entities, which, according to the author, is a manifestation of discrimination. Besides, the author studies the issue on the subject matter of a constitutional complaint – regulatory legal acts of the Republic of Kazakhstan. It is concluded that the definition of the category of «regulatory legal acts» is borrowed from the Law of the Republic of Kazakhstan «On Legal Acts», which, in turn, is improperly formulated. In particular, it does not absolutely cover all types of legal acts containing the norms of law, which, therefore, «takes» them out of the scope of the subject matter of a constitutional complaint. It is offered that the Law of the Republic of Kazakhstan «On Legal Acts» should provide an independent type of regulatory legal act – a legal act of social partnership within the system of legal acts. The author pays attention at the end of the article to the need to increase the level of consistency of certain provisions of the Art. 45 of the Law with each other. As a result of the conducted research, the author offers the paragraph 1 of Part 2 of the Art. 45 of the Law in the following wording: «the disputed law or another regulatory legal act applied by the court, directly affects the rights and freedoms in a specific case with the participation of a citizen, and a judicial act was issued in the case, which entered into legal force». In addition, some recommendations were made in regard to Part 4 of the Art. 45 of the Law. As a conclusion, the author indicates the need to take systematic steps aimed at clarifying the provisions of the Law, to establish appropriate procedures, wide informing campaign for citizens about the limits of the competence of the Court, as well as to ensure studying the discipline of «Constitutional Procedural Law» by the students.

Abstract. The article analyzes bibliography of academic literature on regulatory legal acts and local legal acts. A comparison is made of attitudes of scholars of the Soviet and Russian jurisprudence. The author brings to light attributes of local legal acts which have synthesized the best practice of researchers and are enriched with the author’s attitude. The division of local acts in intraorganizational and externally oriented ones developed by the author is valuable in practice. The author proposes classification of acts according to a number of persons subject to them. On quantitative basis the acts are divided in: 1)regulatory legal acts (affecting an indefinite range of persons);2) local regulatory legal acts (affecting members of an organization);and 3) ad hoc legal acts (affecting a personified subject). Keywords: legal act, local legal act, regulatory legal act, normalization, ad hoc legal acts, law enforcement acts, institution acts, organization acts, corporate acts, generality, generally binding character, competence of state power bodies, legal acts hierarchy.

The article deals with regulatory legal acts in the field of labor legislation of the member states of the Eurasian Economic Union. The purpose of the study is to formulate a definition of the labor Code on the basis of a comparative analysis of the national legislation of the member countries of the Eurasian Economic Union, to determine the place of labor codes in the system of labor legislation of the designated states, as well as to develop proposals for improving the normative legal acts of a separate norm in the field of labor of the member countries of the Eurasian Economic Union. The methods that were investigated were carried out on the basis of a comparative legal method and an analysis of the labor legislation of the member countries of the Eurasian Economic Union. The author presents the results of comparing the current norms of labor legislation of the Republic of Kazakhstan, the Russian Federation, the Republic of Belarus, the Kyrgyz Republic and the Republic of Armenia in terms of regulating labor relations and summarizes the legal definitions of the term "code" in four of these five countries. As a result, the definition of the Labor Code was formed, the problems of the correlation of the labor code and other normative legal acts adopted in the member countries of the above-mentioned union were identified. The conclusion is made about the absence of a conflict of laws rule on the priority of the Labor Code and about which regulatory legal act should have priority over all other laws.

The article examines certain issues of the legal nature of acts of the bar self-government bodies, namely, whether the decision of the Bar Council of Ukraine has the features of a normative act (1), whether the publication of the decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association constitutes bringing it to the attention of the public in accordance with the procedure established by law (2), and whether the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine determines the constitutional rights and obligations of citizens. The author analyzes the concepts of "normative act”, "regulatory legal act” and "individual legal act". The author concludes that the Bar Council of Ukraine may adopt both normative (regulatory legal acts) and individual legal acts. The legal nature of a particular act of the Bar Council of Ukraine is determined by its content. The author establishes that the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine has the features of a normative act. The article examines the procedure for promulgation of regulatory legal acts in Ukraine. The Constitution of Ukraine defines the obligation to publish only legal acts that define the rights and obligations of citizens. This is required to ensure that citizens are aware of their rights and obligations. It is determined that Ukrainian legislation determines the procedure for bringing to the attention of the public only certain legal acts. It is concluded that publication of a decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association is its communication to the public in accordance with the procedure established by law. The author also makes a comparative analysis of the rights and obligations of Ukrainian citizens as defined by the Constitution of Ukraine and the rights and obligations of citizens as defined by the decision of the Bar Council of Ukraine on the Register of Advocates. The author concludes that the decision of the Bar Council of Ukraine on the Unified Register of Advocates does not define the constitutional rights and obligations of citizens.

The article discusses the role of judicial practice in legislative drafting activities, judicial precedent as a source of law, analyzes the problem of revealing legal gaps and contradictions in the current legislation. The author stresses the need for clarification of the term the “right to legislative initiative of the Constitutional Court and the Supreme Court of the Russian Federation on issues within their jurisdiction”, and proposes a mechanism for accounting court practice during consideration of draft laws. The author submits the proposal on the adoption of the Federal Law “On Regulatory Legal Acts in the Russian Federation”, which, in the author’s opinion, will permit to overcome legal conflicts between the law and other regulatory legal acts and will create a solid legal framework for law-making and lawenforcement processes, will contribute to the prevention of infringement of legality in the activities of state bodies, business entities and other organizations, and strengthening the guarantees for realization of citizens’ rights and legitimate interests. Besides, the author proposes to amend the State Duma Regulation by adding the provision that when introducing the draft law to the State Duma, the subject with the right of legislative initiative must submit the materials containing system analysis and judicial practice trends regarding the regulation of the draft law in question.

This study is intended to highlight the relevance, problems and frequent gaps of the current legislation and to urge for further research aimed at improving the mechanisms of e-democracy, expanding their system, filling gaps in Russian legislation. The methodological basis of the research is the dialectical, historical-legal, system-structural, structural-functional methods. Results: the article shows the role of the institute of public discussion of drafts of normative legal acts in the formation and functioning of civil society; identified mechanisms for engaging citizens in the lawmaking process, including the Internet. Information relations are presented by the authors as public relations, regulated not only by the norms of information law, but also by the norms of a number of branches of law. Conclusion: Although the discussion of draft regulatory legal acts isn’t mentioned in the Concept of Development of E-democracy Mechanisms in Russia, it’s inherently capable of being a mechanism for network communication of citizens and collective discussion of socially significant problems and issues of social and political topics on-line. In addition, discussions of their nature can be identified as mechanisms for network communication of citizens with the authorities, including tools to influence decision making and civilian oversight of the activities of the authorities. The Russian Federation is following the path of widespread involvement of information technologies in the public-power sphere, but the pace of their implementation by the authorities isn’t sufficient. Thus, only one federal portal of draft legal acts function in the country (the official site for posting information on the preparation by federal executive apparatus of draft regulatory legal acts and the results of their public discussion) http://regulation.gov.ru, and few of them knows from among ordinary citizens. In addition, the public comment institute is subject to mandatory distribution not only at the federal level, but also in the regions and in the municipalities. At the regional and local levels, you should create your own Internet resources in order to quickly and efficiently orient in an infinite amount of regulatory legal acts. Methodology: The methodological basis of the research is the dialectical, historical-legal, system-structural, structural-functional methods.

The article discusses topical issues of conducting anti-corruption expertise of normative legal acts and their drafts on the example of the Office of the Ministry of Justice of the Russian Federation for Altai Krai. Since 2009, the Office of the Ministry of Justice of Russia for Altai Krai has been an active subject of anti-corruption expertise in relation to regulatory legal acts (their drafts) of public authorities of the Altai Territory. The anti-corruption expertise carried out by the Department of the Ministry of Justice of Russia for Altai Krai is aimed at identifying and eliminating corruption-instigating factors that occur in regulatory legal acts (their drafts). In accordance with Federal Law No. 172-FZ of July 17, 2009, «On Anti-Corruption Examination of Regulatory Legal Acts and Draft Normative Legal Acts», the federal executive authority in the field of justice refers to entities whose duties include carrying out anti-corruption expertise along with prosecutorial authorities and law-making bodies of state power and local self-government. The results of the anti-corruption expertise carried out by the Department of the Ministry of Justice of Russia for Altai Krai are non-regulatory for the legislative bodies of Altai Krai. The analysis of the activity of the Office for Anti-Corruption Expertise within the period from 2015 to 2017 inclusive allowed us to identify the most common corruption-related factors encountered in normative legal acts of Altai Krai governmental bodies, to update the problems in the work of the Office when identifying corruption-related factors caused by imperfection of federal legislation, first of all, and also to offer ways of their tackling.     &nbsp

The article is devoted to the issues of ensuring the quality of regulatory legal acts of various branches of legislation in connection with budget legislation. The obligatory nature of budget expenditures in the Russian Federation determines the relevance of the scientific study of the question of what regulatory legal acts may be the basis for the emergence of expenditure obligations. The article provides evidence that the establishment of requirements for such regulatory legal acts in budget legislation violates the sectoral limits of legal regulation, and therefore critical arguments are given regarding proposals to make appropriate changes to the Budget Code of the Russian Federation. An analysis of the factors that ensure improved quality of sectoral legal regulation in conjunction with budget legislation is presented, as a result of which requirements are formulated for sectoral regulatory legal acts that are the basis for the emergence of expenditure obligations. A conclusion was made about the need to improve sectoral legislation in conjunction with budget legislation, and the idea of adopting a federal law in the Russian Federation regulating the adoption of regulatory legal acts, including establishing requirements for the quality of regulatory legal acts, was supported.

In this article, the authors consider some regulatory legal acts concerning monorail transport and the calculation of anchor support for underground monorail cargo trucks (lifting technical devices with hydraulic control from a diesel-hydraulic locomotive) with attachments used in mines. Evaluation of the effect of a regulatory legal act is an important stage, the essence of which is to obtain and analyze information concerning the impact of a regulatory legal act on social, industrial relations, which, in turn, allows improving the current legislation, as well as taking into account the role of legal practice in the development of new regulatory legal acts. A huge role is played by the prevention, detection and elimination of defects in regulatory legal acts. Identification of defects in regulatory legal acts is carried out after the entry into force of a regulatory legal act by evaluating the results of its action. Elimination of defects in a regulatory legal act is carried out within the framework of additional law-making, aimed at eliminating the identified defect of a regulatory legal act, is a unified system of actions and procedures that allow to establish the presence of a defect, the cause of its occurrence, and, taking into account the information received, make appropriate changes to the legislation. In regulatory legal acts, the term «hydraulic lift» is not used, lifting devices with hydraulic control from a diesel-hydraulic locomotive operating (moving) along a monorail beam in a mine. There is a need and the possibility of finalizing regulatory legal acts concerning the solution of tasks related to the organization of the technological scheme of hydraulic lifts with cargo, that is, slinging, lifting cargo and moving cargo by hydraulic lifts in the mine, in underground mining conditions. Understanding that the laws of slinging, mechanics and physics concerning the process of lifting and moving loads both on the surface, for all kinds of lifting devices, structures, and in underground conditions, work the same way, and in the legal field is not specifically defined.

The article based on the analysis of literature and legislation on the digitalization of the economy in the Russian Federation contains several generalizing judgments: the most important direction of economic development in the Russian Federation is its digitalization; digitalization of the economy means the formation of the a separate system of normative legal acts (as a rule, Federal laws of the Russian Federation) that do not conflict with the Constitution of the Russian Federation; regulatory legal act, specially designed for the digitalization of the economy, could be the Federal law of the Russian Federation “On the application of digital technologies in the economy of the Russian Federation”.

The definition of the concept of “budget expenditures” fixed in the Russian legislation does not allow to accurately establish its essence and important features. A deeper understanding of the budget expenditures has both theoretical and practical importance. The article treats “expenditure obligation” as one of the essential elements of the activities of government bodies related to budget expenditures, which characterizes the basis of budget expenditures. The emphasis in the study is made on the consideration of laws and other regulatory legal acts as the basis of expenditure obligations, because Budget Code of the Russian Federation does not make possible to determine what clauses a law or other regulatory legal act should provide in order to create a new expenditure obligation. The article presents the examples of such a difficulty raised by insufficient legal regulation. In particular, there are issues in adoption of laws or other regulatory acts which provide for the budget expenditures taking proper account of the delimitation of powers between the Russian Federation, the subjects of the Russian Federation and municipalities. Issues of budget expenditures aimed to fund the powers transferred from another authority are also illustrated. Based on the results of the study, the article proposes a discussion on the requirements the laws and other regulatory legal acts providing for budget expenditures should meet. The author also suggests to discuss the necessity to legalize the de facto provisions for budget expenditures in regulatory legal acts of a higher level.

Currently, the use of alternative energy in the Russian Federation is one of the promising directions of economic activity, however, compared to other countries leading in this field, the pace of its development is not sufficiently high. The wide implementation of alternative energy technologies in Russia is hindered in part by the lack of a unified state policy aimed at forming a unified legislative system capable of creating the necessary legal basis for the energy stability of the state. Based on analysis and synthesis, systemic-structural and comparative legal methods, the authors conducted a study of the current state of alternative energy in Russia and abroad, and examined the existing regulatory framework in this area. As a result of the work done, conclusions were drawn that there are collisions and gaps in some regulatory documents in the field of alternative energy, which hinder their practical application. Regulatory legal acts, due to their diversity and frequent changes, lack a systematic character, significantly impeding the development of alternative energy. Deficiencies in the content of individual regulatory legal acts were identified, including noted fragmentary nature of legal regulation in the researched area. Taking into account the above, a conclusion was made about the necessity of developing and adopting a unified legislative act that will include key aspects of the development of alternative energy, eliminate contradictions and “gray areas” in the field of regulatory regulation of alternative energy in Russia. Such a systematized regulatory legal act could be the Federal Law “On State Policy in the Field of Alternative Energy”, which would become a comprehensive document regulating the foundations of development and activities in this area of economic activity. Other regulatory legal acts affecting this sphere should be adjusted in accordance with the provisions of the new Federal Law. Further development of the legislative and subordinate base in the field of alternative energy should be carried out on the basis of and in accordance with this Federal Law.

The purpose of the article is to establish the ways to improve administrative and legal provision of police personnel training under martial law. The subject of the research is the policemen preparation. Methodology. The research methodology covers a number of general scientific and special scientific methods, including: dialectical, analytical, logical and semantic, system and structural, method of documentary analysis, formal and legal method. Research results. Strategic legal acts related to the issues of police officers training are considered, as for administrative and legal training for the police it is necessary to have clear guidelines established at the level of laws or by-laws for the development of general police training. Practical meaning. It is indicated that in the availability of the police training strategy, institutions of higher education with specific learning conditions will be able to draw on general provisions and trends during the development of training plans for future policemen, policemen already in service. Value/ originality. It is concluded that such a regulatory legal act can become a strategic legal act in the form of the Personnel Policy Strategy of the National Police of Ukraine. In turn, in accordance with the Strategy, a Plan of measures for its implementation should be developed. At the same time, it should include implementation of courses on premedical training, rules of conduct in combat situations in the initial training of police officers, in-service training and postgraduate training courses.