Federal Executive Authorities Research Articles

Концептуальная правовая основа формирования информационного взаимодействия федеральных органов исполнительной власти и гражданского общества

The article considers the conceptual and legal interdepartmental information interaction of federal executive authorities), identifies problems of legal regulation of forms of interdepartmental information interaction, makes a legal analysis of the application of interdepartmental information interaction the normative legal form of regulation of interdepartmental information interaction and the contractual form of interdepartmental information interaction, defines the range of subjects participating in legal relations of interdepartmental information interaction and identifies problems of formation of legal terminology in this area, recommendations on the regulation of public law relations in the field of interdepartmental information interaction have been developed.

Состав арктических территорий для государственной поддержки: куда идти?

Due to the fact that currently there are several lists of Arctic territories for state support, the article describes possible options for changing their composition in the forecast period of the next decade: from complete unification of all lists to, on the contrary, extreme diversification (each list has its own tasks of state support). The research question of the article is to determine the benefits and costs of each scenar-io for the “set” of Arctic territories for government support. Main results: 1) four scenarios of evolution of the current system of state support of the Arctic and northern territories according to the geographical factor (composition of territories for support) — a) optimal-administrative; b) anti- district; c) polyphonic; d) limited diversity; 2) radical anti-district and optimal-administrative scenarios, comfortable for federal executive authorities, carry the highest integral risks. The polyphonic “evolutionary” scenario carries minimal risks, when, simultaneously with the preservation of the institution of northern regional guarantees and compensation, institutions of the multifaceted Arctic are established — for resident investors, geostrategic, and entrepreneurial. But it also turns out to be the most expensive for the federal budget; 3) for the integral scenario, it is advisable to take into account the following elements of the described scenarios: multiple lists of Arctic regions for different forms of state support; preservation in a limited form of the former regional institution of social support for the northern and Arctic territories; full support for small and medium-sized manufacturing entrepreneurs in the Arctic and North, primarily in areas with limited delivery times for goods; gradual transformation of support for localities equated to regions of the Far North, from northern and Arctic institutions to all-Russian regional ones; introduction of institutions that encourage the technological transformation of the previous industrial structure and the formation of a new digital structure throughout the Arctic zone of the Russian Federation.

Scientific Justification of the Rule-Making Initiative of Federal Executive Authorities

Scientific Justification of the Rule-Making Initiative of Federal Executive Authorities

Women's Representation in Government Bodies of the Russian Federation in the Period from 1991 to 2023

The representation of women in public authorities reflects a number of more general issues related to gender equality, the peculiarities of women's political leadership, women's participation in politics, etc. The purpose of this article was to identify gender proportions in the federal executive authorities and the Federal Assembly of the Russian Federation for the period from 1991 to 2023. The study was conducted by statistical analysis of data presented in open sources, on the websites of the Federation Council, the State Duma, the Government and other public authorities. This article reflects the dynamics of changes in the gender distribution of positions in the field of politics over the period under study. For the analysis, the highest positions of executive and other state authorities of the country were selected, as well as membership in both chambers of the Russian parliament, which made it possible to consider women's representation in positions involving direct decision-making. The study raises the problem of the underrepresentation of women in senior political and elected positions in public administration. According to the results of the study, data on women's representation in government over the past 34 years were systematized. A trend has been identified to increase the representation of women in high-level executive positions. At the same time, the number of women in the Cabinet of Ministers of our country in the entire history of the Russian Federation has not exceeded 11% or two female representatives at the same time. No more than two women at the same time had the opportunity to take the position of Deputy Prime Minister. There are positions that have been held exclusively by men for more than thirty years. The number of women in the country's parliament is also small, but the positive trend here is more pronounced. With a global average of 26.5% female representation, in Russia there are only 18.4% women among the members of both houses of parliament.

Прокурорский надзор за исполнением законов в сфере охраны окружающей среды в Арктической зоне Российской Федерации

Federal executive authorities, the Prosecutor's Office of the Russian Federation, the Environmental Prosecutor's Office of the Arctic Zone of the Russian Federation (AZRF) pay special attention to the state of the Arctic environment. However, the situation in this region is far from normal. The results of the prosecutor's inspections indicate the presence of numerous violations of environmental legislation in the field of subsoil use, marine and river transport, construction, land use and reclamation, and the elimination of accumulated damage as a result of past years. There are cases of industrial safety violations. A serious problem for the Arctic regions is the lack of an effective waste management system in the Arctic zone. Global warming and disruption of the Arctic environment leads to climate change and can lead to even more tangible and severe environmental consequences. The Environmental Prosecutor's Office has a significant impact on correcting the situation in the Arctic, which conducts inspections of enterprises, organizations and citizens for compliance with environmental legislation, prevents and suppresses environmental offenses, and ensures compliance with environmental protection and environmental management requirements.

Management Decisions of Subjects of Administrative and Legal Counter Corruption at the Federal Level

The article reveals the main content of the administrative and legal fight against corruption carried out by specially authorized state bodies at the federal level. The author emphasizes the high degree of public danger of corruption and corruption manifestations in public administration, as well as the high degree of attention from the scientific community to this issue over the years. The paper examines the anti-corruption powers of the President of the Russian Federation, the Administration of the President of the Russian Federation, the Government of the Russian Federation, and individual federal executive authorities. The powers of the subjects of administrative and legal anti-corruption are analyzed taking into account the peculiarities of public administration and the adoption of appropriate management decisions. In this context, the example described in the paper of the denunciation of the Council of Europe Convention on Criminal Liability for Corruption, due to the extremely unfriendly and discriminatory policy of sanctions by Western countries against the Russian Federation, is particularly indicative. In addition, the work analyzes certain provisions of legislation and subordinate regulatory legal acts establishing the relevant anti-corruption powers of state bodies and officials. The article also presents and reveals the categories of the administrative and legal mechanism for combating corruption, as well as specialized managerial anti-corruption forms and methods.

Russian Law-Making (on the Example of the Federal Executive Authority): Ethical Aspect

Russian Law-Making (on the Example of the Federal Executive Authority): Ethical Aspect

Высокопоставленные чиновники Администрации Президента РФ: историческая динамика занятости после ухода с должности

The article is devoted to a comparative analysis of the characteristics of the post-career of high-ranking PA officials who left their positions under President Yeltsin and in the post-Yeltsin period - and the factors that determine them. The empirical basis of the study is a database that includes biographical questionnaires on AP figures who at least once left a key position in this body. The study showed that the role of federal executive authorities (including the government of the Russian Federation and law enforcement agencies) as a channel of post-career has increased. Transitions to the federal parliament are rare in both eras, but the proportion of officials who ended up in the State Duma after their resignation (especially a year later) slightly decreased, while the proportion of those who moved to the Federation Council, on the contrary, slightly increased in the post-Yeltsin period as a whole. While transitions to regional administrations were rare in both periods, PA officials were noticeably more likely to become governors in the post-Yeltsin era, which was facilitated by a centralization of power. Finally, the share of transitions from government to business is similar in both periods, as are their other characteristics: the dominance of big business as a place of work and the distribution of firms that have adopted officials by form of ownership. The pantouflage was aided by high salaries in big business and the firms' interest in recruiting officials in the context of crony capitalism.

EXEMPTION FROM CRIMINAL LIABILITY IN CONNECTION WITH MILITARY SERVICE

The article reflects the result of a scientific study of the provisions of legislation and doctrine that determine the content of the conditions under which criminal law measures are not applied to persons called up for military service during the period of mobilization or in wartime, as well as those imprisoned during the period of mobilization, wartime and (or) a martial law contract for military service in the Armed Forces of the Russian Federation, subject to their award or dismissal, on grounds specified by law. The relevance of such a study is predetermined primarily by the fact that the criminal law provisions in question were introduced into the Criminal Law quite recently. Provisions of Art. 78.1, 80.2 and part 3.1 of Art. 86 of the Criminal Code of the Russian Federation are of a blanket nature, the conditions and procedure for exemption from criminal liability and the punishments provided for in them differ in many respects from the conditions that are typical for other circumstances of exemption from liability. The authors note that the decision of the federal executive authorities on the non-application of criminal liability measures in connection with military service to persons who have committed a crime, does not depend on what category, in accordance with Art. 15 of the Criminal Code of the Russian Federation, this crime should be included. Exemption from criminal liability in connection with military service does not occur simultaneously, but involves at least two stages. The first is expressed in the suspension of the application of criminal legal measures to a person while he is serving, subject to control over him by the commander of a military unit or institution. The second is the final refusal to bring the person to criminal responsibility. The basis for the termination for a person of all criminal legal consequences of committing a crime in this case is one of the alternatives specified in the law. This is either the awarding of a state award to a serviceman or dismissal from military service due to reaching a certain age, or recognition of a person by a military medical commission as unfit for military service due to health reasons or due to the end of the mobilization period, the abolition (termination) of martial law and (or) the expiration of martial law time.

Обеспечение общественной безопасности в процессе использования беспилотных воздушных судов

The article is devoted to the urgent problem of legal regulation of the use of unmanned aerial systems and unmanned aircraft in the Russian Federation. Based on the analysis of changes in Russian legislation that came out in 2023, an assessment of the main areas of use of unmanned aircraft systems in economic activities is carried out. The author characterizes the powers of the federal executive authorities in the field of ensuring public safety when using unmanned aircraft. The current directions of the legal regulation of unmanned aircraft flights in the Russian Federation are reviewed.

Отдельные проблемы, связанные с правом на труд медицинских работников (часть первая)

The right to work for medical workers in the Russian Federation is limited by many requirements, prohibitions, and conditions. The first part of the article is devoted to the consideration of certain restrictions concerning medical and other education that allows you to be considered a medical professional, as well as the accreditation of a specialist, which (according to the legislator) is a procedure for determining the compliance of a person who has received medical or other education with the requirements for carrying out medical activities in a certain medical specialty. The relevant norms of the Labor Code of the Russian Federation, the Federal Law “On the Basics of Public Health Protection in the Russian Federation”, as well as regulatory legal acts of federal executive authorities responsible for the development and implementation of state policy and regulatory regulation in the field of healthcare and higher education are analyzed. The opinion is expressed on the need to amend certain norms of federal legislation in order to unambiguously understand the rights of medical workers and restrictions for them related to the implementation of medical activities.

The main approaches to assessing the quality and effectiveness of measures for assisting persons with disabilities

Introduction. Currently, there is a fairly high demand from society for changing approaches to the life of people with disabilities, improving the level and quality of their lives. There is an increase in the number of people with disabilities who need to be assisted when receiving services for assisted living, assisted work and social employment of disabled people in the Russian Federation. The article considers the main methodological approaches to assessing the quality and effectiveness of support measures in the provision of services for assisted living, assisted work and social employment of persons with disabilities.Aim. The study of indicators of the quality and effectiveness of support measures for the formation of unified approaches in various departments of the support system of the Russian Federation aimed at improving the level of assistance and support to the population.Materials and methods. Normative legal and methodological documentation, special literature, information systems of federal executive authorities of the subjects of the Russian Federation. Applied general scientific methods (content analysis, analytical, system-structured, comparative) and methodological methods of systematization, comparison, generalization, interpretation, as well as special methods — formal legal, comparative legal.Results. The main approaches to assessing the quality and effectiveness of support measures may include: availability of receiving support events; compliance with goals and objectives; the economic component (the necessary costs for conducting support activities); competence and professionalism of specialists; satisfaction of recipients (improving the quality of life of recipients). To assess the quality and effectiveness of support measures, the following criteria are highlighted: improving the quality of life of assisted persons, including their physical, psychological and social well-being, improving social adaptation and inclusion of escorted persons in society; the communicative effectiveness of the work of the specialists of the support system, both in a group and individually with each assisted one; сost-effectiveness of support activities, optimization of resource use and reduction of costs for the provision of the support process; аssessment of the satisfaction of the assisted ones and their families with the assistance and support provided; the effectiveness of interdepartmental interaction, co-operation and co-ordination of work between various services and organizations in the support system; assessment of the achievement of targets and tasks in the support system. The score is determined for each criterion separately based on the amount of points received. If the amount is below 55% of the maximum possible, the rating is "unsatisfactory", if from 56 to 85% – "good", above 85% – "excellent". Thus, the introduction of methods for evaluating the effectiveness and quality of support measures will make them more accessible and useful for all categories of the population in need of the Russian Federation.Discussion. One of the key indicators of the quality and effectiveness of the support system's activities is the availability of support activities for all those in need. It is necessary to ensure equal access to quality support in obtaining social services for all categories of people in need, regardless of their place of residence, family income and other factors. Another important indicator is the effectiveness of the work of the specialists providing support. Training and advanced training of specialists, as well as modern methods of working with assisted ones and their families, will help to increase the effectiveness of assisting activities when receiving social services and improve the results of assistance, in general. Effective implementation of methods and technologies for assessing the quality, accessibility and effectiveness of the support system requires a systematic approach and co-ordination of efforts at various levels, interdepartmental interaction, regulation of legal relations in the support system in the Russian Federation.Conclusion. The main indicators of the quality and effectiveness of support contribute to providing feedback from both the assisted ones and those in need of support activities, as well as from the specialists of the support system and management structures. This will allow considering the opinions and needs of all participants in the support process, which contributes to the development of a sustainable and adaptive system.

Development of state information systems in the field of metrology: main tasks

The use of information systems is an integral part of the activities of all federal executive authorities. At the same time, in the conditions of digital transformation the fulfillment of some functions of federal executive bodies is impossible without interaction of their information systems, which often occurs as a result of information exchange (requests and answers to them). The main directions of development of information interaction of state information systems of federal executive authorities, participating to some extent in ensuring the uniformity of measurements, are given. The approaches to the organization of interaction are described, as well as the tasks that can be solved through such interaction of state information systems. On the example of interaction of the subsystem “ARSHIN” of the Federal State Information System of Rosstandart with the State Information System of housing and communal services the tasks aimed at ensuring the reliability of transferred data contained in these information systems are considered. Transition to machine-readable formats of documents in the field of measurement uniformity assurance is proposed. The conditions necessary to ensure interaction of information systems are described.

Гармонизация процедур реструктуризации в банкротстве: итоги Гаагской конференции по международному частному праву 2024 г.

From 5 to 8 March 2024, a meeting of the Council on General Affairs and Policy of the Hague Conference on Private International Law (HCCH) was held. The meeting was attended by 429 participants accredited by 74 states. The delegation of the Russian Federation included 6 representatives of various federal executive authorities, including the author of this article. One of the pressing issues considered by HCCH was the harmonization of international insolvency law. The main achievement in this direction was the cooperation of the Permanent Bureau of HCCH with Working Group V on Insolvency law of the United Nations Commission On International Trade Law (UNCITRAL) in matters of unification and harmonization of regulation of restructuring procedures, development of documents on issues of applicable legislation in proceedings on cases insolvency, as well as tracking and recovery of assets during insolvency proceedings. This article presents an analysis of the problems in this area that existed before the start of the HCCH’ meeting in 2024, as well as the progress and results of the discussion within HCCH on the unification and harmonization of insolvency restructuring procedures, taking into account its interaction with UNCITRAL Working Group V.

On the Problems and Prospects of Development of the Institute of Public Councils under Federal Executive Authorities: Constitutional and Legal Analysis

On the Problems and Prospects of Development of the Institute of Public Councils under Federal Executive Authorities: Constitutional and Legal Analysis

Убеждение в виде правового просвещения как способ обеспечения миграционной безопасности Российской Федерации

The article suggests various approaches to defining the concept of persuasion and highlights the key direction of this measure in the form of legal education, implemented in the form of legal information for foreigners and host organizations and providing free legal assistance to migrants. The role of federal executive authorities in the application of this measure in the field of migration (the Ministry of Internal Affairs, Roszdravnadzor, Rostrud and judicial authorities) is reflected. It is concluded that the tools of legal education are aimed at the conscious implementation by migrants and host parties of the relevant migration norms and rules of conduct.

ФОРМИРОВАНИЕ ОБЩЕГО ИНФОРМАЦИОННО-АДРЕСНОГО ПРОСТРАНСТВА АВТОМАТИЗИРОВАННОЙ СИСТЕМЫ ОБМЕНА ДОКУМЕНТАЛЬНОЙ ИНФОРМАЦИЕЙ ДОЛЖНОСТНЫХ ЛИЦ ОРГАНОВ УПРАВЛЕНИЯ, СИЛ, СРЕДСТВ И ОРГАНИЗАЦИЙ ЕДИНОЙ ГОСУДАРСТВЕННОЙ СИСТЕМЫ ПРЕДУПРЕЖДЕНИЯ И ЛИКВИДАЦИИ ЧРЕЗВЫЧАЙНЫХ СИТУАЦИЙ

The software architecture of the automated system for the exchange of documentary information proposed in the article and the associated of the automated system for the exchange of documentary information system architecture will provide the technical possibility of «conflict-free» functioning of communication nodes of control points of the system, combining management bodies, forces and means of federal executive authorities, executive authorities of the subjects of the Russian Federation, local governments and organizations whose powers It includes solving issues related to the protection of the population and territories (water areas) from emergency situations.
 The software complexes being formed and the proposed standard architectural solution will provide the opportunity to build an of the automated system for the exchange of documentary information and the formation of an information and address space based on it on the existing technical means of the operated systems and complexes of documentary communication of communication nodes, using automated workplaces of officials automated control systems, control points of the studied unified state system for the prevention and liquidation of emergency situations.

Тенденции развития федерального законодательства в сфере территориального планирования и градостроительного зонирования

The legal regulation of urban development in Russia continues to develop actively, introducing new legal mechanisms and improving existing ones, which requires scientific analysis and evaluation. This scientific study examines current trends in the development of federal legislation in terms of territorial planning and urban zoning, and provides a legal assessment of the changes taking place. Special attention is paid to the delimitation of powers and the role of federal executive authorities in regulating territorial planning and urban zoning.

Основные проблемы и барьеры клиентоцентричной трансформации системы государственного управления

The article presents the results of a study conducted by the Center for Implementation of a Client-Centric Approach of GSPM of RANEPA, the purpose of which is to identify the main problems and barriers in the implementation of the federal project “State for People” at the federal and regional levels. The study involved more than 350 civil servants representing the regions of the Russian Federation and federal executive authorities and who were trained under RANEPA client-centricity programs in 2023.The article includes a detailed description of existing problems in the first year of mass implementation of the federal project, the opinions of research participants and proposals for possible solutions and measures to overcome problems. The most significant problems identified in the study include: lack of staffing, lack of core competencies, insufficient regulatory support for the project, inflexible project implementation system, inconsistency of various federal initiatives.

An Integrated Approach to the High-Quality, Safe and Healthy Nutrition Provision for Schoolchildren

Schoolchildren nutrition is one of the urgent problems and is currently one of the most important aspects for federal executive authorities. The study aims at the integrated approach development to ensure high-quality, safe and healthy nutrition for schoolchildren at the municipal level. The study object is the school nutrition system in Ekaterinburg. Nutrition satisfaction assessments results in 2019–2020 revealed that 81 % of headmasters, 48 % of teachers, and 62% of school medical staff believed that children liked to eat in the school canteen. At the same time, a man determined that 40 % of elementary school students, 31 % of high school students, 31 % of parents of elementary school students and 28 % of parents of high school students were satisfied with the catering at school, generally. The thesis presents the proportion data on the unsatisfactory samples of nutritional value identified in the course of inspections in schools in Ekaterinburg in 2019–2022, as well as the dynamics of satisfaction with catering in the school canteen and menu. The researchers systematized data on the reasons for nutrition refusal and (or) limited nutrition in the school canteen; on the attainment of the macro- and micronutrients consumption norms compared to the actual daily rations of schoolchildren in Ekaterinburg. The proportion of children with diseases of the endocrine system in schools varies from 0 to 37 %, including those with obesity – from 0 to 15 %, with diseases of the circulatory system – from 0 to 10 %, digestive system – from 0 to 72 %, musculoskeletal system – from 0 to 65 %. The researchers interrelate the number of unsatisfactory laboratory test samples of food products in public catering enterprises in schools with the digestive diseases in schoolchildren. Based on the research results, a man developed draft municipal program.