Executive Bodies Of State Power Research Articles

Judicial power in implementing the principle of separation of powers in the budget process of Ukraine

The article examines the role of the judiciary in implementing the principle of separation of powers in the budget process of Ukraine in the context of current legislation. The object of the study is a set of social relations that are formed in the field of consolidation and implementation of the constitutional principle of separation of powers in the activities of local state authorities in the budget process. The subject of the study is constitutional and legal norms and norms of budget legislation. The methodological basis was made up of general scientific and special-legal (formal-legal, comparative-legal, systemic and other) methods of cognition. It is noted that the constitutional principle of the separation of powers in the budget process is an interpectoral normative requirement for the activities of representative and local executive bodies, which independently and in cooperation with each other in certain forms and procedures participate in the budget process. In this, judicial authorities are called upon to guarantee, within their competence, the distribution of budgetary powers between representative and local executive bodies. The relationship between the representative and executive bodies of state power in the budget process is shown, which determines the need for systematic support for the implementation of the constitutional principle of separation of powers in the budget process through the formation of the construction of the mechanism for such support.
 The design of the mechanism for ensuring the implementation of the constitutional principle of separation of powers in the budget process has three interrelated elements: an organizational and legal element; institutional element; procedural element. Representative bodies and local executive bodies determine consistent implementation of the constitutional principle of separation of powers in the budget process carried out by local authorities. It is indicated that the judicial authorities in the implementation of the constitutional principle of separation of powers in the budget process guarantee and ensure the implementation of this principle in the form of: resolution of legal disputes; judicial control in the field of budgetary relations; independent assessment of law enforcement decisions of local authorities – participants in the budget process.

Взаимодействие избирательных комиссий с иными органами публичной власти: новеллы законодательства

A number of changes made to Russian electoral legislation since 2020 have been studied, significantly changing the procedure for interaction of election commissions with other public authorities both during election campaigns and in the inter-election period. It has been established that the corresponding connections are of a complex nature and are manifested in various forms, the number of which increases as new electoral and legal reforms are implemented. It is noted that trends in the legal regulation of this area of relations are contradictory. Attention is focused on strengthening and complicating the connections of election commissions with executive bodies of state power while simultaneously removing local governments from participation in the electoral process as independent eligible subjects while maintaining their organizational and technical responsibilities. It has been established that the system of election commissions is becoming more isolated and increasingly acquiring the features of a hierarchical structure, in which the leading role belongs to the Central Election Commission of the Russian Federation. A significant increase in recent years has been revealed in the volume of rule-making powers of the Russian Central Election Commission in the field of by-law regulation of relations in the preparation and conduct of elections, as well as the expansion of atypical functions of election commissions, especially manifested in conditions of emergency legal regimes. It is concluded that in the considered legislative innovations there is a single purposeful logic of the federal legislator, the implementation of which will most likely continue in the coming years. It is recommended to ensure that a balance is maintained in the relations of public authorities when carrying out further reforms of the electoral legislation.

Monitoring the Quality of Financial Management of Governmental Bodies: Analytical and Management Aspects of Application

One of the main results of reforming the budget process of the Russian Federation in the middle of the 2000s was the widespread implementation of the approach to the work of the executive power, in which budget funds are allocated in accordance with the expected results. Performance indexes are necessarily developed for government programs, national projects, and other strategic planning documents. Finally, monitoring by indexes is increasingly being used as a tool for evaluating the performance of executive authorities and officials. Is this approach expedient in any case? Is it always possible to use monitoring by indexes as a basis of the performance evaluating system for civil servants?This study considers the feasibility of including the results of assessing the quality of financial management of budget managers in the system of indexes for assessing the activities of executive bodies of state power of the Russian Federation constituent entity.The study is focused on distinctive features of monitoring the financial management quality of budget funds’ managers, which make it difficult to use for a sound judgment about the efficiency of the participants of the budget process. In the course of the study, an analysis was carried out by the method of comparison and correlation of Pearson using data from the following sources: the official website of the Committee of Finance of St. Petersburg, the state information system for information and analytical support of the activities of the executive bodies of state power in St. Petersburg and the automated system of the budget process of St. Petersburg.As a conclusion, arguments are provided not to use the results of monitoring the financial management quality, conducted by the financial authorities of the Russian Federation regions, due to its inherent specificity and its special role in the system of minimizing budgetary risks. The observations and conclusions made can be useful for further studies of key performance indexes’ systems for government bodies.

Some Current Trends in Tax and Legal Regulation

The article is devoted to the analysis of some modern trends emerging in the Russian tax and legal regulation. The author notes that in addition to the traditional legislative regulation of tax relations, designed for an unlimited period of validity, in recent years, regulatory legal acts of a temporary nature have become important. Norms with a limited validity period may be contained either in acts of the Government of the Russian Federation and the supreme executive bodies of state power of the subjects of the Russian Federation exercising the temporary powers granted to them by tax legislation to adopt them, or in separate federal laws providing for the application of these norms as an experiment. Special attention is paid to the letters of the Federal Tax Service of Russia establishing temporary bans on the implementation by territorial tax authorities of certain powers enshrined in the Tax Code of the Russian Federation. This, in fact, indicates that such letters limit the validity of tax legislation for a certain period.

PROBLEMS AND PROSPECTS OF REFORMING STATE CONTROL IN THE RUSSIAN FEDERATION

The article is devoted to an urgent topic in the context of the ongoing transformation of public administration in Russia – the problems and prospects for the development of state control. The subject of the analysis is the currently available results of changes in control and supervisory activities in connection with the entry into force of new legislative acts in this area. The author aims to conduct a theoretical and legal characterization of the reform of state control. The study analyzes the approaches to the essence of state control that have developed in the scientific literature, considers the most priority areas for the development of control and supervisory activities, and provides analytical data. The author makes proposals to improve the legislation laying the legal foundations for the implementation of state control. The research is based on both general scientific and private scientific methods. The formal legal method is used as a special method. The results of the research can be applied for further theoretical work in the framework of administrative law, as well as in the practical activities of legislative and executive bodies of state power.

Corruptive Factors in Local Government (Case of St. Petersburg)

In the new history of present states, one of the main risks to the socio-economic development of society is corruption. The fight against it is based on the development of normative and legal acts, prevention and prevention, information and investigative activities, and is expressed in the form of deterrence and counteraction.The fundamental regulatory framework is the “United Nations Convention against Corruption” (adopted in New York on October 31, 2003 by Resolution 58/4 at the 51st plenary session of the 58th UN General Assembly), the Federal Law “On Countering Corruption” of 12/25/2008 N 273-FL. At the same time, to date, combating corruption in local government is regulated superficially and is formal in character. Due to the actual closed nature of the activities and peculiarities of the functioning of local government, the issues of corruption are not fully studied in order to provide effective prevention and counteraction.The possibility of a detailed study of corruptionogenic factors of local government and the development of methods of counteraction became possible after the elections of 2019, after which non-systemic municipal deputies were elected to the representative bodies of local government. Exercising the powers in the representative body of local government, municipal deputies independent from the territorial executive bodies of state power were able to study the specifics of the functioning of local government, make public the issues of the problem field, identify vulnerable places in the activities, take response measures and make appropriate practical conclusions.The purpose of this article is to establish the causes of the emergence of corruption in local government on the example of a separate municipality of the MO Svetlanovskoye of St. Petersburg. Study of the causes of the emergence of corruptionogenic factors, search and proposal of possible ways to address the issue of effective counteraction to corruption in local government in the new conditions of life of modern society.On the basis of the study the authors declare the need to take specific measures of response of the public authorities of the subject of the Russian Federation and the representative body of local government, aimed at creating certain conditions for effective counteraction and prevention of corruption, minimizing the consequences of corruptogenic factors in the modern conditions of democratic functioning of local government.

Modern Challenges to Effective Functioning of Local Self-Government (On the Example of Saint Petersburg)

In recent history the concept of “public authority” was collective and was not fixed in legislative and normative-legal acts. Under the Law of the Russian Federation on amendment of the Constitution of the Russian Federation dated 14.03.2020 № 1-FCL “On improvement of regulation of separate issues of organization and functioning of public authorities” local self-government bodies were eferred to public authorities. According to Article 132 of the Constitution of the Russian Federation “Local self-government bodies and public authorities are part of a unified system of public authority in the Russian Federation and interact to most effectively solve problems in the interests of the population living in the respective territory. Article 35.1 of Federal Law № 131-FL of 06.10.2003 “On General Principles of Organization of Local Self-Government in the Russian Federation” gives elected deputies of a municipal representative body the right to form political factions for the exercise of their powers. The activities of such factions are established and legitimized by a normative legal act of the municipality. As a result of the collapse of the Soviet Union and emergence of the Russian Federation, proc-lamation of democratic values and democratization of society, political parties and other public organizations began to appear. New actors and leaders, were able to organize a collective, turbulently increasing action against the government, which immediately after the end of the protests, mobilized the protest mood of the electorate, which in the elections in 2017, 2019 in Moscow, 2019 in St. Petersburg held in local government in Moscow and St. Petersburg “independent” municipal deputies from the territorial executive government in representative bodies of local government, thereby creating pockets of political and social tension. An important aspect of the political struggle for the degree of influence on political stability, namely the change of power in the municipalities of Svetlanovskoye, Smolninskoye, Ligovka-Yamskoye, Liteiniy District, Vladimirskiy District of St. Petersburg, was the result of an intraparty struggle in the power structures. The intraparty struggle between the executive and legislative branches of power for the degree of territorial influence in St. Petersburg is a characteristic feature of federal cities, with their elites constantly fighting for the maximum concentration of power in their hands. As a result of the insufficient control of the electoral process by the territorial executive bodies of state power in St. Petersburg, an additional opportunity for opposition forces to exercise sufficient quality control of the electoral process for compliance with legislative requirements. As a result of this situation, the representative bodies were formed by independent non-systemic deputies. The pluralism of opinions that emerged in local government became particularly important, since without agreement for decision-making the work of representative bodies of local government was impossible, and consequently the exercise of the constitutional rights of citizens to exercise local government and the legitimate functioning of local government in addressing issues of local importance and the execution of certain state powers was impossible. The existence in the legal field of an internally highly conflictual representative body generates social tension in society, political destabilization and, as a consequence, a general distrust of public authorities in general, since public authorities are directly involved in the formation of local government in St. Petersburg, where the execution of local government authority is associated with such features as a high level of education of citizens, population density, the degree of involvement in electoral processes In 2015, an additional procedure for recruiting heads of municipalities was introduced - the selection of candidates for the post of head by a competitive commission, where half of the commission’s members should be representatives of regional authorities. It was expected that in this way the selection of heads of municipalities would become more controlled. In 2020, the amendments to the Constitution of the Russian Federation consolidated the “incorporation” of the local level into the system of state (public) power, finally depriving municipal authorities of formal autonomy from the state. The purpose of the article is to establish the causes of incapacity of the representative body of local government of St. Petersburg after the municipal elections of 2019, the search for possible ways to create conditions for further functioning of the municipality in the new conditions of pluralism of opinions among the new convocation of municipal deputies, the study of the causes of the created situation, the search and proposal of possible ways to solve the issue of adaptation of the representative body to the new conditions of functioning. Based on the research conducted, the authors declare the necessity to take measures to respond to the public authorities aimed at finding opportunities and creating conditions for the performance of powers by the representative body, deputies and heads of the municipality in the new conditions of functioning of local self-government.

Prospects for the development of commercial fish farming in the South of Russia

The article presents the analysis and prospects of commercial aquaculture in the southern regions of Russia. Rostov and Astrakhan region and Krasnodar Krai are the leaders in commercial fish production. Rostov region annually grows 23-24 thousand tons. In Krasnodar region in the period from 2018 to 2022 there was a 15% growth of avcaculture production and in 2022 it was 23,3 thousand tons. In the Astrakhan region from 2018 to 2021 there was a decrease in this indicator by 13%, but in 2022 the volume of production in the region increased to 20.5 thousand tons. Absolute parameters in Stavropol Krai (11.8-12.3 thousand tons) Kabardino-Balkarian Republic (2.5-3.3 thousand tons) and Volgograd Oblast (2.3-2.5 thousand tons) remained almost unchanged. Significant growth of relative production parameters was noted in the Republic of Dagestan, the Republic of North Ossetia-Alania and the Republic of Crimea. The main objects of cultivation in the South of Russia are carp fish. A substantiation of creating a state-owned structure ensuring practical interaction between economic entities, executive bodies of state power, scientific and educational institutions is offered.

Образ российской Арктики на современном этапе развития: романтика или прагматика?

The purpose of the article is to identify the characteristics of the Russian Arctic image at the present stage of its development in terms of a romantic and pragmatic context. In order to achieve this purpose, the content analysis of publications on the Arctic topic in the federal and regional media was carried out. A pilot sociological survey of the European part of the Russian Arctic zone residents was used as an additional research method. The study results showed that pragmatic orientation prevails in the “Arctic” content of modern media. The Arctic is presented in a positive way as a special priority territory of the country, the power and strength of the Arctic territories are emphasized, the images of the Arctic and their unique potential are revealed. In the population minds, the Arctic images are presented in a more romantic way — the associations of local residents are associated with the nature splendor, love for the North and beautiful winter. It is substantiated that the integrated development of the Arctic territories requires qualified personnel, not only filled with the romance of northern beauty, but also pursuing specific practical goals. The results of the study will be useful and interesting to specialists involved in the Arctic territories development, to executive bodies of state power, as well as to the general public.

Assessing the compliance of the regional strategy with federal guidelines on the example of the Leningrad region

The article compares the goals and content of the Strategy of the Leningrad region with the guidelines formed in the Decree of the President of the Russian Federation as of February 4, 2021 № 68 On assessing the effectiveness of the activities of senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation and the activities of the executive authorities of the constituent entities of the Russian Federation. The purpose of the study is to form recommendations for correcting the Strategy of the Leningrad region in order to ensure the implementation of the goals and objectives set in accordance with the guidelines of the federal level. As a research method, the article uses diagnostics based on the author's table, which allows assessing the goals and content of regional strategies according to 20 parameters established in the Decree of the President of the Russian Federation as of February 4, 2021 № 68, and compliance with the criteria for achieving indicators: the presence of target orientation, quantitative standards, measures to achieve, resource support. The results of the study made it possible to conclude that the Strategy of the Leningrad region is inconsistent with federal standards; according to the results of diagnostics, the strategy of the region scored 36 points. As a result of the study, it was revealed that the document can be classified as a set of events. The work also highlighted those indicators, the achievement of which is spelled out in sufficient detail in the Strategy of the region (for example, the quality of the urban environment), as well as indicators that were not taken into account when developing the document (for example, trust in authorities). The practical significance of the results obtained is determined by the possibility of their application in the practice of strategic regional forecasting and planning. The prospects for the study are to evaluate the strategies of other regions of the Russian Federation on the basis of the author's diagnostic table, in particular, the subjects of the Northwestern Federal District, and conduct a comparative study on this topic.

The concept and content of the constitutional principle of justice

This article aims to reveal the main models of implementation of the bar in the European Union and Central Asia. As some of European Union’s neighboring countries are about to embark on EU accession negotiations, they are looking to reform their justice systems to align them with EU standards.
 The article provides a comparative legal characteristic of the organization models of the advocate self-government bodies in the European Union and Central Asia countries from the point of view of compliance with international standards of Bar's independence. The authors have identified typical violations of the independence of lawyers' self-government bodies by the executive bodies of state power in Central Asian countries, shown the degree of their influence on protecting human rights and freedoms, and formulated recommendations aimed at overcoming existing violations’.
 Advocate self-government should be considered as a manifestation of the principle of independence of the Bar. Since the definition of "independence" is used in a narrow legal sense, it should be understood exclusively as a known measure of legal freedom, free discretion in actions within the boundaries outlined by law. With regard to the Bar, the term "independence" should be interpreted in the context of Recommendations Rec (2000) 21 to the Committee of Ministers to member states on the freedom of exercise of the profession of a lawyer as "freedom of the profession from any undue restrictions, influences, pressure, threats or interference, direct or indirect, from any side or for any reason.
 By "independence of the Bar" we mean such a legal status of the bodies of the advocates' community, established by law, which allows them to autonomously and independently from improper interference solve issues of their internal organization, as well as other tasks defined in the law, that is, to exercise self-government.

Analysis of Project Activities in the Russian Federation and its Priorities for Improving

The article analyzes the organization and implementation of project activities in the Russian Federation. Its results served as the basis for the mechanism for the implementation of territorial marketing in project management, a methodology for assessing the effectiveness of project management in terms of territorial marketing subjects, the investigation of the effectiveness of project management in terms of the executive bodies of state power, and proposal of directions for improving project management.

Interaction of executive authorities in the process of optimization of powers of local government bodies

The article is devoted to the definition of forms and directions of interaction of executive bodies of the basic level in the process of optimizing the powers of local self-government bodies, carried out as a result of the decentralization reform.
 Based on the analysis of the provisions of normative legal acts, the author identifies the system of executive bodies organized in Ukraine. It is proved that the executive bodies, which are formed at village, settlement, city and district councils in the city (in case of formation), are represented only at one - local level. It was found that the executive bodies of state power are formed at three levels - higher (national), central (regional) and local (municipal) levels.
 It is argued that as a result of the reform of decentralization of power in Ukraine during 2015-2021, the powers of local governments were significantly expanded by transferring a significant part of such powers from public authorities to local governments.
 Based on the analysis of the provisions of the legislation of Ukraine, the forms of interaction between state executive bodies and executive bodies of local self-government at the basic level are determined. It is argued that the most common form of cooperation between executive bodies is the implementation of measures of state control and supervision over the implementation of delegated powers by executive bodies of local self-government, in particular in the field of landscaping, land protection and cultural heritage, social security and more. It is proved that the reporting of state executive bodies to local councils on the implementation of powers delegated to state bodies is one of the forms of interaction between executive bodies at the basic level. It is established that other forms of interaction of executive bodies at the basic level are information interaction and cooperation through the formation of joint executive bodies and the conclusion of agreements on joint activities.

Institutional structure for ensuring migration policy in the subjects of the Far Eastern Federal district

Migration policy is part of Russia's demographic and social policy in the Russian Far East. This is reflected in the structure of institutions whose activities are aimed at regulating the development of the Far East. Currently, there are many studies of migration in the Far East and in its regions. However, there are still questions about the migration management system at the regional level, including the structure and functional load of existing institutions, their relationship with the federal level of government. The purpose of the study is to analyze the existing system of management of migration processes at the level of the Far Eastern federal body and its subjects. The object of the research is the institutional structure of the management of migration processes. The study is based on the application of a functional approach, content analysis of regional websites of executive authorities of the subjects of the Far Eastern Federal District. Based on the functional approach, the author has developed a typology of the institutional structure for the implementation of state migration policy in the Russian Far East. Six types of institutions have been identified, the activities of which are focused on the management of demographic processes in the Far Eastern Federal District and are characterized by a certain level of management and functions performed. Differences in the structure of the institutions regulating migration issues at the level of the subjects of the Far Eastern Federal District are explained by the lack of uniform norms for the formation of the corresponding executive bodies of state power. The conclusion is made about the absence of a single unified approach to the organization of the institutional structure for managing migration processes.

Citizens E-participation in the modern metropolis: Area and specifics

The paper explores the history of the development of the e-communication environment for interactions between the authorities and citizens in the electoral metropolis of St. Petersburg. The paper presents the results of a comprehensive exploratory study with two components. The first study was conducted in 2021 using the expert survey method, attended by 60 people from among employees of government and local governments, management companies, organizations in the housing and communal services sector, representatives of the scientific and educational community, and city activists. The second study, conducted by surveying 354 employees of 43 executive bodies of state power, reveals assessments and opinions of officials on the nature of the exercise of the right to a position owned by citizens, as well as increasing the level of development of society in the social a group of employees of the executive bodies of state power of St. Petersburg. The results of these empirical studies are interpreted in the context of data, obtained through surveys of the population and employees of St. Petersburg. The results of a survey of civil servants, as well as experience, confirmed the need to support the authorities in order to increase the influence of the population. In the authorities, interaction and information exchange between officials is quite clearly built, and representatives of this group positively assess the effects of using electronic formats of interaction with the population.

CHANGES IN THE LEGISLATION ON THE ORGANIZATION OF PUBLIC POWER IN THE SUBJECTS OF THE RUSSIAN FEDERATION

Abstract: amendments to the Constitution of the Russian Federation adopted in 2020 led to the adoption of a new Federal Law “On the General Principles of Organization of Public Power in the Subjects of the Russian Federation”. Despite the fact that this law actually reproduces many provisions of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, nevertheless, the rules on the name, terms of office and responsibility of the highest bodies of state power of the subjects of the Russian Federation have undergone significant changes. Some of them call into question the principles of federalism, since they lead to the establishment of a system of relations more characteristic of a unitary state, when the regions are excluded from the opportunity to influence federal politics, and the center has broad powers to appoint and dismiss the heads of regional authorities.

The system of monitoring the employment of university graduates by the executive bodies of state power

The system of monitoring the employment of university graduates by the executive bodies of state power

The Russian Constitution and the evolution of federal relations

The model of federal relations enshrined in the Constitution of the Russian Federation is constantly evolving as a result of the development of legislative regulation and the practice of its application. The article analyzes its development in the period 2000 - 2003 on the basis of the Federal Law “On the general principles of the organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation”, in particular, such changes as the introduction of the institute of federal influence (coercion); clarification of the role of contracts and agreements concluded between the executive authorities of the Russian Federation and the subjects of the Federation in regulating federal relations; improvement of the division of powers between the federal center and the subjects of the Federation, including budgetary federalism. Russian federalism is regarded as cooperative, the legal space of which cannot be formed without the participation of the subjects of the Federation. The author substantiates that in the sphere of joint management, federal public authorities should be guided by the principle of “reasonable restraint” and not intrude into those relations that a subject of the Russian Federation can regulate without prejudice to the qualitative fulfillment of the tasks of public authority. At the same time, the subjects of the Federation should not emphasize their specifics, it is necessary to proceed from the principle of consolidation of legislation, the creation of uniform rules operating in a single economic space. The author comes to the conclusion that the incompleteness of the constitutional regulation of federal relations allows them to evolve in different directions, to look for an optimal model of the federal structure for Russia.

CHARACTERISTICS OF THE USE OF REGIONAL PROPERTY IN MODERN CONDITIONS

The article is devoted to the study of the directions of use of regional property in the Udmurt Republic. Optimization of the composition of the republican property complex and bringing it into line with the powers of the Udmurt Republic is one of the priority tasks of regional government bodies. The author identifies priority decisions on property management in the region in accordance with the State Program of the Udmurt Republic "State Property Management". The article presents data on the number of objects of the Udmurt Republic, in respect of which decisions on the creation, reorganization, liquidation were made, and a conclusion on the reduction of the number of such objects is formulated. Based on official data, the dynamics of changes in the number of business entities whose shares are owned by the Udmurt Republic is shown. Based on the comparison of the corresponding indicators, it was found that the number of business entities whose shares are owned by the Udmurt Republic significantly decreased during the period under review. During the analysis, the author revealed a persistent tendency to reduce the number of transferred objects between different levels of management. Using the data of the "Road Map", the article formulates problems in the implementation of the powers to involve real estate objects, including land plots, in economic turnover by the executive bodies of state power of the Udmurt Republic and local self-government bodies of the Udmurt Republic, defines measures for the rational use of real estate objects and land plots that are the property of the Udmurt Republic.

Некоторые актуальные вопросы финансирования полиции при передаче ей субъектами Российской Федерации полномочий по составлению протоколов об административных правонарушениях

Тhe article deals with topical issues of enforcement of the legislation of the subjects of the Russian Federation on administrative offenses by employees of Internal Affairs bodies. The author defines the priorities of financial support for the police provided for by the agreements between the highest Executive bodies of state power of the Russian Federation and the Ministry of Internal Affairs of Russia on the transfer of the exercise of part of the powers to draw up protocols on administrative offenses that infringe on public order and public security. The main conclusion of the study is that there is currently no clear mechanism in the legislation of the Russian Federation for assessing the powers transferred by the subjects of the Russian Federation to the Internal Affairs bodies for drawing up protocols on administrative offenses provided for by the administrative legislation of the subjects of the Russian Federation.