Doctrinal Sources Research Articles

Органические уставы муниципальных образований в Аргентине: природа и место в системе правового регулирования

The article examines the nature of municipal organic charters in Argentina. The author determined the requirements for municipalities that have the right to adopt organic charters; the procedure for adoption and features of the content of such charters; reviewed relevant historical aspects. Based on an analysis of Argentine legislation, law enforcement practice and doctrinal sources, the author comes to the conclusion about the quasi-constitutional nature of organic charters. According to the author, the experience of Argentina can be useful in terms of developing municipal rule-making in Russia, increasing the independence of municipal authorities and solving the problem of the ‘template’ nature of municipal charters.

Принцип прямого действия Конституции РФ при рассмотрении уголовных дел

The article is devoted to problematic issues of applying the principle of constitutional law related to the direct effect of the Constitution of the Russian Federation when considering criminal cases by courts of general jurisdiction. The subject of the study is the principle of direct action of the Basic Law, doctrinal sources devoted to the topic under discussion, the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, issues of legal consciousness of judges. Scientific provisions on the formation of comprehensive measures aimed at eliminating identified shortcomings in law enforcement practice are presented.

Проблема определения правового режима отходов недропользования

The article provides a brief analysis of the problem of determining the legal regime for subsoil use waste. During the study of this problem, contradictions and fragmentation of legal regulations were identified, giving rise to competition between legislation on subsoil and production and consumption waste in terms of consolidating the legal regime of subsoil waste. Based on the analysis of doctrinal sources, judicial practice and relevant rules of law, in order to determine the legal regime of objects arising during the implementation of mining activities, the need was identified for the mandatory conduct by the subsoil user of a comprehensive geological and economic assessment of these objects. As a result of the study, recommendations were proposed for making changes and additions to the norms of current legislation regulating the analyzed social relations, allowing to solve the identified problem.

Illness as a valid reason for restoring the term of inheritance acceptance

The subject. Compliance with the term for the implementation of the inheritance rights for persons wishing to become successors of a deceased citizen is an important condition for acquiring rights to hereditary property. Nevertheless, frequently, owing to various reasons, citizens from among the heirs cannot comply with the procedure established by law, which, in most cases, engenders the need referring to the court with a inquire about extension of the deadline to recognize the right to inherited property. The court will be able to satisfy the stated requirements if there is a valid reason, which prevented the heir from exercising his right.The purpose of the article.The authorsdare to determine whether a disease, including a new coronavirus infection COVID-19, can be considered as a respectful reason for a recovery period for acceptance of the inheritance. The established objective has determined the need to solve the following tasks: (1) to analyze the legal reasoning of the disputed issue in the doctrine; (2) to study jurisprudence on the subject of the study; (3) to assess how fully the rules of Article 1155 of the Civil Code of the Russian Federation are applicable in relation to the citizens from whom it is potentially impossible to get out of a diseased state; (4) to offer our own perspective on the issue.Research methods are systematic approach and formal legal analysis of doctrinal sources and the existing Russian legislation and law application practice.The main results of a study. It is shown that not every painful condition can be regarded as a valid reason for restoring the term of inheritance acceptance under Article 1155 of the Civil Code of the Russian Federation. The existing science means do not allow us to formulate a final conclusion on the issue under study. Therefore, taking into account the evaluative nature of the rule applied, only the law enforcement body is able to make a decision, fully analyzing the relevant circumstances.Conclusions.When considering cases on the restoration of the term of acceptance of inheritance due to illness, the courts need to take into account a combination of factors: the nature of the disease, its duration, treatment conditions, prognosis of the disease, the degree of social adaptation of the heir. The rules of Article 1155 of the Civil Code of the Russian Federation regarding the establishment of a six-month period for applying to the court need to be revised. Their use is unjustified, and compliance is impossible in the event that a person's exit from a painful state is not expected, while due to the course of the disease, the heir is unable to declare his rights.

The Effects Doctrine As a Basis for Jurisdiction of States in Cyberspace

An important feature of cyberspace is its cross-border nature, due to the absence of physical borders and the decentralization of infrastructure and users. Due to the fact that all transactions in cyberspace potentially cross state borders and have an impact on objects and entities in various states, the consequences of certain actions can be felt in many jurisdictions. At the same time, the traditional links between the offense and the State on the basis of territoriality, nationality or the need to protect fundamental national interests may be absent. In such cases, jurisdiction is proposed to be established on the basis of the doctrine of consequences. However, the objections of a number of States to such extraterritorial dissemination of foreign legislation and the uncertain nature of the consequences doctrine have raised questions about the conformity of the consequences doctrine with international law. Based on the analysis of international treaties, practices and positions of States and international organizations, scientific research and other doctrinal sources, the following conclusions were drawn. The doctrine of consequences is increasingly being recognized as a principle of establishing the jurisdiction of States through the formation of a rule of customary international law. However, objections to the application of this doctrine, especially in cases of establishing jurisdiction in criminal cases, continue to be expressed. The generally recognized conditions for the application of the consequences doctrine are as follows: a State enacting legislation based on the consequences doctrine must have an internationally acceptable interest in this; the consequences must be direct, predictable and significant; there must be no infringement of the legitimate interests of other States or foreign persons who do not have a significant connection with the State that claims to implement such jurisdiction. Other mechanisms should be considered to limit the scope of actions falling under the jurisdiction of the State: apply the principle of targeting, which requires an assessment of the actions that a person has taken in order to fall or not fall under the jurisdiction of the State; apply special liability measures related not to the imposition of sanctions on persons engaged in illegal behavior, but to the creation of obstacles to the implementation of such activities, for example, to block access to information that is illegal from the point of view of the State. A combination of such mechanisms could prevent undesirable activities in a more balanced way and not create unjustified risks for cyberspace actors.

The fate of an easement in the transformation of a dominant land parcel

The article is dedicated to the detailed analysis of the Ruling of the Third Cassation Court of General Jurisdiction dated February 16, 2022, No. 88-3377/2022, as well as several additional acts of courts related to this Ruling. In this case courts discuss the essence of an easement, real nature of an easement, fate of an easement in the transformation of a dominant land parcel or a servient land parcel, protection of an easement, termination of an easement. The author of the article critically evaluates these reasonings, referring to the norms of operative Russian and foreign legislation, current courts practice, doctrinal sources, historical materials, projects for reforming Russian legislation. The case under discussion is remarkable because several courts in support of their positions refer among others to the Model Act “On Limited Real Rights”, approved by the Inter-Parliamentary Assembly of the CIS Member States on November 27, 2015. The author of the article states the question: is it permissible to use the Model Act to resolve a particular case on the territory of the Russian Federation? And the author of the article gives the positive answer to the question, as far as the courts do not apply the Model Act directly, but resolve the case based on the general principles and meaning of civil law, requirements of good faith, reasonableness, fairness. Therefore, the Model Act is applied by the courts as the act that reflects such principles and meaning, for this reason the reference to the Model Act has a completely acceptable and even welcomed illustrative character. The analyzed case also confirms the idea that the modern regulation of easement relations in Russia indicates the existence of numerous theoretical and practical problems in this area. The multiple recommitment of the case to the appellate court, enormous controversy about the fate of the case in the legal community — are clear confirmation of this.

Sola Apostolica : A Proposal for an Ecumenical Principle of Authority

precis: In order to achieve ecumenical unity, the church catholic must settle the question of authority. In this essay, I propose the concept of Sola Apostolica . I argue that the sole infallible norm and source of doctrine for the church catholic is the apostolic teaching—the joint teaching of the prophets and apostles in their integral unity. First, I sketch the history and theology of the Word of God. Next, I define and defend Sola Apostolica by situating it within the theology and domain of the Word. Then, I argue that Prima Scriptura follows as a logical consequence alongside a robust view of the evidential weight of tradition. By coordinating Prima Scriptura and the evidential weight of tradition with Sola Apostolica as their foundation, I hope to move the dialogue forward.

Classification of international legal obligations on the rights and freedoms of convicts

In the modern science of international law and European law, insufficient attention is paid to the problem of protecting the rights and freedoms of convicts, their typology. Especially in the conditions of modern threats and challenges, there are numerous violations of various categories of the population, including the vulnerable, who are in the temporarily occupied territories. This causes the attention of scientists, as well as representatives of authorized authorities, to be drawn to certain theoretical and practical problems of protecting the rights and freedoms of convicts, their varieties, effective mechanisms of protection, restoration of violated rights.
 Therefore, the purpose of the article is to analyze the existing doctrinal sources and relevant approaches, criteria for the classification of international legal obligations on the rights and freedoms of convicts, to highlight their special varieties, effective mechanisms for the protection of the rights and freedoms of convicts.
 There are many types of international legal obligations on the rights and freedoms of convicts, as well as criteria and approaches to their classification. Along with international legal obligations, other related categories are used in the science and practice of international law – international legal mechanisms, international legal standards. Undoubtedly, they also concern the rights and freedoms of convicts, they are interacting but not identical concepts. The analyzed classification groups of international legal mechanisms, standards and obligations to ensure the rights and freedoms of convicts are based on established approaches to the typology of human rights and freedoms, existing international legal norms and principles in this field. At the same time, the penitentiary systems of specific states, including Ukraine, are characterized by specificities, features of national legislation, national penitentiary policy, institutional and other mechanisms.
 Reports of international experts and monitoring measures demonstrate certain problems in the way of fulfilling international legal obligations regarding the rights and freedoms of convicts in Ukraine. Therefore, further systematic studies of the European penitentiary concept, the best foreign practices of compliance with such obligations, decisions of the ECtHR, the strengthening of a human-centered approach in the activities of penitentiary authorities, the functioning of an effective legal system that would protect human rights and freedoms regardless of the conditions in which she stays without being discriminated against, without additional restrictions caused by the fact of isolation.

State control in the field of energy in Ukraine: concepts and features

The article, based on the analysis of doctrinal sources, definesthe concept and outlines thefeatures of state control in the field of energy in Ukraine. It was emphasized that the energy security of the state in the conditions of unprovoked aggression by the Russian Federation has become one of the key challenges faced by our state. It is not only a matter of systematic and brutal shelling of energy infrastructure facilities carried out by an enemy state, but also of violations of energy legislation by energy market participants (both consumers and service providers). A significant change in external risk factors, internal destabilization, and attempts to destroy the energy potential of the state lead to the actualization of research on the legal basis of state control in the field of energy, the study of both the theoretical foundations of this issue, and the peculiarities of control activities in this field.
 The signs of state control are formulated, in particular: it is a function of public administration, the purpose of which is to influence controlled objects; has a purposeful influence - compliance and fulfillment by control objects of the requirements of current legislation, avoidance of offenses, prevention, provision of organizational support, etc.; carried out exclusively in the manner specified by law by specially authorized relevant entities; has the nature of planned and unplanned impact, applied with a certain periodicity; is applied within the term clearly defined by law; may provide for operational intervention in the activity of the controlled object, by applying measures including administrative warning or administrative suspension.
 It is summarized that state control in the field of energy in Ukraine is a function of public administration, which involves a targeted influence on the energy field as a set of economic sectors that study and use energy resources for the purpose of energy production, transformation, transmission and distribution, which is applied by a specially authorized sub object in certain forms and methods, taking into account the specifics of control activity, defined by a special law, has a direct goal, functions and tasks, the list of which is determined by the scope of application of state control.

Enforcement of a Foreign Judgment within the Framework of the Execution of a Letter Rogatory

The article presents the coverage of doctrinal approaches and law enforcement practice of Russian courts in the issue of execution of a foreign judgment using the mechanism of execution of a foreign letters rogatory. On the basis of analysis of legal and doctrinal sources the question of normative regulation of execution of foreign judgment with the use of mechanism of execution of foreign letters rogatory is raised. The mentioned possibility is stipulated as an exception in the Hague Convention on the Civil Process of March 1, 1954 on the issue of recovery of court expenses in the territory of a foreign state, as well as in some legal assistance treaties. However, the trend of law enforcement practice of domestic courts deviates from the provisions of international treaties. In the course of the research, it has been established that there is a substitution of legal mechanisms. This assumption is due to the complexities of translating legal terms that may be given additional content beyond that provided for in international treaties.

State Services In The Republic Of Kazakhstan: The Concept And System

The relevance of the topic under study is primarily due to the formation and rapid development of the institute of public services. This, in turn, poses to the researcher the practical and theoretical task of establishing the correlation between the used concepts in public service activities. The article deals with the concept and basic characteristics of public services, the system of subjects of their provision. On the basis of doctrinal sources the correlation of the concepts of public, municipal, state, administrative, social, communal and informational services has been revealed. The author offers a classification of public services according to the most relevant criteria for the practice of Kazakhstan. Analysis of concepts and clarification of signs of public services allowed to form the author's definition of an administrative service. In conclusion, the author characterizes the system of public services and subjects of their provision in the Republic of Kazakhstan as one of the most dynamically developing areas requiring a systematic reform of the legislation of the Republic of Kazakhstan. The purpose of this article is to form a system of public services and subjects of their provision, as well as to identify the specifics of the activities of the NJSC «SC "Government for citizens".

Personal Data in the Mechanism of Criminal Law Protection

Relevance. Ensuring the effective protection of an individual's personal data is of high and enduring importance. Despite the efforts made, in Russia the situation in this regard is deteriorating every year more and more incidents with the leakage of personal data of millions of citizens occur. All this not only generates distrust in the efforts of the state to build a digital economy and e-government, but also acts as a powerful determinant of a number of other crimes (primarily against property).The purpose is to obtain new scientific knowledge about the features, problems and prospects of the criminal law protection of personal data of an individual.The objectives of the study is to identify the problems of implementing the mechanism of criminal law protection of personal data of citizens.Methodology. The methodological base of the research is made up of general scientific and particular scientific methods of cognition of reality, such as analysis, synthesis, induction, formal-legal, abstract-logical and others.Results. In the course of the study, statistical data on the dynamics of infringement on personal data in Russia, law enforcement practice available in the public domain, doctrinal sources and analytical materials were analyzed, interviews were conducted with specialists. Taken together, this made it possible to formulate original provisions that develop the domestic theory of criminal law, to develop recommendations aimed at overcoming the problems of law enforcement in cases of infringement of personal data.Conclusions. Digitalization has led to an increase in social tolerance for violations in the field of inviolability of personal data and privacy. It seems promising to implement a model of differentiation of criminal liability depending on the number of victims of the disclosure of personal data. The mechanism of criminal law protection requires improvement in terms of the development of biometric data technologies. The significance of such personal information requires a differentiated approach to establishing responsibility for illegal actions in relation to biometrics.

Принцип самостоятельной ответственности юридического лица при несостоятельности (банкротстве): общие правила и исключения

Introduction. The paper discusses the controversial issues of implementing the principle of independent civil liability for a legal entity, which contributes to maintaining the stability of civil turnover and protecting the rights of creditors in the bankruptcy case of a legal entity. The main positions of the researchers in the context of the problem under consideration, as well as the provisions of the key normative legal acts, are investigated. Special attention is paid to the problem of the absolutization of the principle of independent civil liability of a legal entity in a bankruptcy case. The concept of “piercing corporate veil” in the context of the principles of insolvency (bankruptcy) of legal entities in connection with the problems of holding entities is analyzed. Methods. The study used such general scientific methods of scientific cognition as analysis, synthesis, induction, deduction, etc., as well as specific scientific legal methods, namely, formal legal, the method of legal interpretation, etc. Results. Based on the analysis of the legislation, doctrinal sources, and law enforcement practice, the point of view on the refutable nature of the presumption of attribution of persons specified in the law to persons controlling the debtor is substantiated. The exceptions to the general rules applied in practice in the implementation of the principle of independent liability of a legal entity in insolvency (bankruptcy) are revealed. The specifics of the implementation of special principles in the bankruptcy case of a legal entity are substantiated. Conclusions. Based on the results of the study, the role of both general legal principles and special principles of insolvency (bankruptcy) is determined when law enforcement agencies identify the relationship between legal entities, including at the pre-bankruptcy stage and during the implementation of other bankruptcy procedures.

Local communities as а tool for urban conflict resolution

A modern city is a concentration of a whole range of diverse processes and activities, residents with different needs, traditions and beliefs. The city is also an arena of clashing economic, political and social interests. Urban development trends are expressed both in the need for centralized determination of the direction of urban environment, and public demand for greater civic engagement. Accordingly, conflicts cannot be avoided, but it is important not to accept this obvious truth, but to create a tradition of constant thoughtful analysis of ongoing processes, identifying causes and searching for solutions. As awareness of the importance of collective efforts in creating a comfortable urban environment grows, knowledge about the approaches and public technologies used to resolve urban conflicts becomes more in demand. One of the effective tools for resolving urban conflicts are local communities created on sub-municipal territories within the city boundaries. However, the effectiveness of this tool depends on the proper organization of intra-urban communities and provision of legal guarantees for their functioning. This study is carried out using a comprehensive interdisciplinary approach, implying the analysis of urban development and urban environment through the prism of law. The study of Russian and foreign doctrinal sources, along with normative legal acts and materials of judicial and law enforcement practice, allows to form a sufficient picture of the state of urban conflictology and substantiate the role of local communities in their resolution.

Теоретико-прикладные аспекты развития прав и свобод человека и гражданина

Introduction. The doctrine of human rights and freedoms attracts a wide range of scientists. Under presentday conditions, a number of well-established and seemingly traditional approaches to their definition and legal regulation are being rethought. Both external factors, such as interstate relations, and internal factors, like constitutional amendments, can influence these processes. Methods. The methodological framework for the study is a set of methods of scientific cognition, including such main ones as the methods of consistency, analysis, and comparative law. Results. The paper analyzes the doctrinal sources dealing with the dynamics of rights and freedoms, as well as the constitutional and other norms of the legislation of the Russian Federation and the Republic of Belarus. Conclusions. It is proposed that, taking into account the existing classification of rights and freedoms, depending on the sphere of their manifestation, their scientific component should be developed, namely, the scientific definition of personal, political, economic, social, and cultural rights, in view of their specifics. Attention is focused on new groups of rights – informational and somatic ones. Information technologies are an important means of realizing the full range of human and civil rights and freedoms. The author’s scientific definition of somatic rights is given in the paper. The proposals are made to improve the acts of constitutional and family legislation.

Концептуальные основания философии международного права

Introduction. The multidimensionality and plurality of doctrinal sources of the science of international law require a philosophical understanding of the main issues of international law. This is also due to the transitive nature of the current international system. Purpose. To define the conceptual framework for the subject field of the philosophy of international law. Methods. The research uses the general scientific methods of historicism, systematics, and analysis, as well as the comparative law method. Results. It is argued that the historical and conceptual (thematic) frameworks for the philosophy of international law can act as separate directions for meta-research. Conclusions. One of the central categories of the subject field of the philosophy of international law is the concept of international law awareness. The subject field of the philosophy of international law is formed taking into account the historical and conceptual limitations of the idea of universality in the structure of international law studies, as well as their metatheoretical orientation.

К ВОПРОСУ О СОВЕРШЕНСТВОВАНИИ СИСТЕМЫ АДМИНИСТРАТИВНЫХ НАКАЗАНИЙ В ОТНОШЕНИИ ЮРИДИЧЕСКИХ ЛИЦ В ОБЛАСТИ ДОРОЖНОГО ДВИЖЕНИЯ В РОССИЙСКОЙ ФЕДЕРАЦИИ

This article addresses the pressing issue of administrative liability for legal entities within the Russian Federation. The relevance of the chosen topic is underscored by the need to adapt the existing system of administrative penalties to contemporary societal conditions and demands, as well as to implement administrative reform. The research methodology is founded on a comprehensive approach that encompasses the analysis of the legal framework, doctrinal sources, case law, and empirical sociological research. The use of general scientific methods (analysis, synthesis, induction, deduction) alongside specialized legal methods (formal legal, comparative legal) enables a thorough investigation of the current mechanisms of administrative influence and their practical application. The findings of the study include an assessment of the effectiveness of the existing system of administrative penalties, an analysis of legislative gaps and issues, and the proposal of new types of punishments, such as license revocation and compulsory liquidation of legal entities for non-compliance with sanctions. The author argues for the necessity of a judicial process to apply these new measures and justifies their proportionality and fairness. The conclusion of the work highlights the importance of the proposed changes for strengthening legality and order, as well as for protecting the rights and interests of citizens. The author’s suggestions may contribute to the improvement of law enforcement practices and legislative activities in the Russian Federation, which would deepen theoretical knowledge in the field of administrative liability and enhance the effectiveness of administrative penalties.

Problems of Countering the Public Demonstration and Dissemination of Fascist and Nazi Symbols (the Legal Aspect)

The authors substantiate the thesis that it is necessary to differentiate between the concepts of «fascism» and «Nazism» at the normative level, since this distinction is not only of theoretical, but also of practical importance for the qualification of crimes and other offences of extremist nature. It is noted that, for a person be identified as a neo-Nazi, three key attributes should be simultaneously present — ideology, symbols, practice. Ideology, however, acts as the political determinant of unlawful behavior of neo-Nazis. The analysis of doctrinal sources shows that the ideologies of fascism and Nazism manifest certain differences regarding national and racial issues, which makes it possible to say that they are based not on one, but on two different political platforms. According to the authors, unless the concepts of «fascism» and «Nazism» are differentiated at the normative level, it is not possible to effectively counteract the dissemination and public demonstration of the symbols and paraphernalia used by corresponding political parties, as well as the rehabilitation of Nazism and fascism. At the same time, research results demonstrate that the concepts of «fascism» and «Nazism» are treated as equivalents not only in the dictionaries of the Russian language, but also in specialist legal literature, public conscience, and the legal field, which hinders law enforcement. It is noted that the legislation regulating liability for counteracting extremism treats fascist and Nazi organizations as extremist and subject to prohibition. At the same time, the system of registering extremist organizations in Russia, as well as the procedures of classifying organizations as extremist, determined by normative legal acts, are not free from drawbacks. The authors present some suggestions for improving them. They also examine a number of problematic questions connected with the necessity of further improvements in the system of legal regulation of criminal and administrative liability for the public demonstration and dissemination of fascist and Nazi symbols (paraphernalia).

Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

The article is devoted to the research of the essence of the human right to an adequate standard of living, problematic issues, and prospects for improvement of its ensuring in Ukraine. Some doctrinal sources, provisions of international legal acts, constitutional legislation of Ukraine and foreign countries, and judgments of the Constitutional Court of Ukraine are analyzed. The research is based on systematic, comparative-legal, formal-logical, formal-legal, statistical, and prognostic methods, methods of analysis and synthesis, etc. Found that the human right to an adequate standard of living is a constitutional, basic, social right of every physical person, which is guaranteed by Article 48 of the Constitution of Ukraine, as well as international universal, and regional standards and relevant acts regulating basic human rights and freedoms. This right includes the possibility to satisfy not only basic physiological (material) needs – adequate food, clothing, household, housing, etc., but also spiritual ones – education, faith, self-realization, etc. The criteria of a decent life, the components of the human right to an adequate standard of living, the institutional basis of implementation, and the system of guarantees of its ensuring are allocated. Therefore, the human right to an adequate standard of living is correlated with other rights - to life, health care, medical aid, medical insurance, and housing. The analysis of the practice of the Constitutional Court of Ukraine, in particular, decisions in cases about social guarantees of citizens, the minimum wage (tariff rate), discrimination in the implementation of the right to housing, about guaranteed pension provision, which is the main source of existence, not lower than the living wage, allowed us to pay attention on actual aspects of the components of the researched law, its effectiveness, constitutionality and legislative modernization. Emphasizing the current state of ensuring the studied right, the authors argued the need to improve the financial well-being of the population by increasing the living wage and the minimum wage in Ukraine, overcoming poverty, especially among the elderly. In particular, the need for systematic and effective implementation of the state anti-corruption and tax, humanitarian policy was emphasized. The success of such measures in order to increase the social protection of citizens, and the transformation of all spheres of life are key requirements for Ukraine's accession to the EU, which leads to an urgent process of amending and alterations to the laws and by-laws of Ukraine, improving law enforcement practice, increasing legal culture and consciousness, responsibility. It is useful to take into account the successful experience of foreign states (in particular, Germany, Switzerland, Belgium, etc.), strategies, and results of reforms in this area. Key words: human rights, right to an adequate standard of living, international standards, decent standard of living, social protection, practice of the Constitutional Court of Ukraine, constitutional guarantees.

Гражданское общество, государство и местное самоуправление: взаимосвязь и перспективы развития

The article on the basis of an analysis of legal and doctrinal sources considers civil society, distinguishes its signs in the modern period of the development of the Russian state, shows its relationship with the state, distin-guishes its differences from the concept of the state, states the level of maturity of civil society development in the modern Russian state, highlights the foundations of its formation and functioning. The influence of civil so-ciety on the development of legislation of the Russian Federation is emphasized. The possibility of its devel-opment in ensuring the realization of human and civil rights and freedoms is determined. The author's defini-tion of civil society is given, its features and purpose are singled out. A study is being conducted in comparing institutions of civil society, state and local self-government as an element of public power. The guarantees es-tablished by the state for the possible development of civil society are defined.