Levels Of Public Authority Research Articles

Economic Space as a Field for the Realization of National Goals of Russia

Adoption of Decree No. 309 of the President of the Russian Federation of 07.05.2024 “On the national development goals of the Russian Federation for the period up to 2030 and for the future until 2036” demonstrates not only a new important stage in the development of the practice of strategic goal-setting for the country’s economy. Equally, we can stress noticeable expansion of the field of those socio-economic processes, which are reflected in the national goals of the development and the ways of their practical achievement. This fully complies with the actual requirements towards strategic planning system, which are based on the principles of consistency, completeness and consistency in achieving certain targets; balanced distribution of powers and responsibilities for achieving these objectives between all levels of public authority in the country. The article attempts to emphasize the attention on the special - spatial - aspect of strategic goal-setting for Russian economy, in particular, to determine the meaning and significance of the spatial approach for the practical implementation of national development goals of the Russian Federation for the period up to 2030 and for the future until 2036. This task is solved in a comparable manner with the provisions of earlier similar documents. These are the Decree of the President of the Russian Federation “On national goals and strategic objectives of the development of the Russian Federation for the period up to 2024” (2018) and the Decree of the President of the Russian Federation “On national development goals of the Russian Federation for the period up to 2030” (2020). Everything said about the role of the spatial approach in the strategic goal-setting system also concerns the further improvement of program and project management methods and practical ways to achieve the planned target indicators.

Стратегическое управление социально-экономическим развитием: конституционно-правовые аспекты

The article opens a series of publications devoted to the constitutional and legal aspects of strategic management of the socio-economic development of the state. The time is passing when in Russia “planning” was considered incompatible with market relations, despite the fact that it has long been implemented in countries with market economies, and is sometimes enshrined constitutionally. Although the turn to strategic planning in Russia is usually justified by economic considerations, there are also constitutional and legal arguments. The idea of creating a strategic management system is connected with the fact that all the concepts and development strategies adopted over the past decades turned out to be largely unfulfilled, and many of the provisions contained in them were initially incorrect; The adoption of the law on strategic planning, which was criticized by experts for producing a stream of poorly consistent documents, did not improve the situation. Creating an effective strategic management system requires a clear definition of the subject, object, management tools, as well as its stages, modeling, resource support and apparatus for assessing the results achieved. This article examines the stages of strategic management from a constitutional and legal position, in particular, it is proposed to provide two additional initial stages that bring the process into greater compliance with both the theory of systems management and the basic constitutional provisions; the concept of “algorithmic modeling” is revealed; a conflict is revealed between the legal force of goal-setting documents of strategic planning and other acts, including those fixing its resource provision, as well as the problem of insufficient coherence of policies implemented both by different bodies (and other subjects) at the same level of public authority, and at its different levels ; ways to resolve relevant problems and conflicts are proposed. The regulatory and legal aspects that require consideration when developing an apparatus for assessing the results of strategic management are revealed, and the feasibility of moving to target indicators that are more consistent with modern ideas about development is considered.

Актуальные вопросы правового регулирования использования территорий, подлежащих археологическим разведкам

The authors investigate the problems of legal regulation of archaeological zoning. According to the authors, the current legislation needs comprehensive improvement. It is necessary to clarify the competence of different levels of public authority, to optimise the process of archaeology permits. The authors also demonstrate the need to search for new organisational and legal mechanisms for the preservation of archaeological cultural heritage.

Crisis resilience assessment and management of public utility companies

Currently, the most frequently used models for forecasting the probability of company bankruptcy in the housing and utilities sector lack accuracy. The hypothesis is put forward that crisis resilience of a company can be assessed based on its adaptive capabilities. The paper aims to construct a more accurate compared to the known regression model for predicting bankruptcies, as well as develop models for assessing the quality of crisis adaptation management at public utility companies allowing for the stakeholders’ interests and peculiarities of their interface. The methodological basis of the study consists of the theory of crisis management and a stakeholder approach. The methods include multiple regression analysis, stakeholder mapping, sociological survey, and expert assessments. The evidence comes from the accounting and statistical reporting of 49 public utility companies, materials of arbitration cases, survey results of 33 heads of organisations obtained in the period from February to March 2023. The theoretical developments are implemented within the empirical studies of public utility companies. To improve crisis adaptation and resilience of public utility companies the findings recommend to launch staff training programmes, establish mechanisms for horizontal intra-sectoral connections and maintain cooperation at the level of public authorities in order to control investments in the housing and utilities sector.

Barriers of subject-object interaction in the management of the region

The relevance of the study of subject-object interaction in regional management is due to the need to use the constructive potential of management actors and substantiate optimal methods for overcoming the limitations of subject-object interaction of participants in the process. The article attempts to analyze the barriers of subject-object interaction in the management of the region. The paper examines the currently existing approaches to the study of the structural content of the concept of "region". The interaction of public authorities with local self-government bodies is studied, as a rule, either in the context of the problem of differentiation of competence between public authorities, or in the format of understanding the interaction between them. At the same time, the discussion in sociological science about the correlation of regional and municipal interests, about the delimitation, redistribution and transfer of powers between levels of public authority is far from over. The article uses a method of analyzing the processes of subject-object interaction based on the concepts of symbolic interactionism and social subjectivity. Overcoming the limitations of subject-object interaction requires developing effective strategies, improving communication, increasing trust between participants, reducing technical limitations, improving information security, expanding cultural dialogue, as well as developing organizational mechanisms, creating adequate management structures and allocating sufficient resources to implement management tasks. To do this, it is necessary to improve coordination and cooperation between different levels of government and subjects of the region, increase the efficiency of the management apparatus, ensure access to resources and financing, as well as actively develop information and communication technologies for data collection and analysis. It can be argued that the subject-object interaction in the management of the region depends on the political goals of the state, the effectiveness of its management apparatus, the level of development of self-government and resource capabilities due to interaction with the economic market and interference in economic processes.

Institutions of public authority: adaptation to changing conditions of functioning (all-russian scientific conference with international participation)

On June 14, 2023 at the Institute of State and Law of the Russian Academy of Science the All-Russian Scientific Conference with international participation “Institutes of public authority: adaptation to changing conditions of functioning” was held. Representatives of the leading Russian scientific and educational institutions, as well as researchers from Belarus and Uzbekistan discussed a wide range of problems related to the understanding of public authority and justification of its types, the specifics of implementation of the principle of separation of powers and interaction of various branches and levels of public authority in the modern conditions, ensuring the independence of the judiciary and implementation of constitutional review, as well as the interaction of public authorities with the population and civil society institutions. Particular attention was paid to the impact of information technology on the activities of public authorities.

ОСОБЕННОСТИ ПРОЦЕССА ПОЛИТИЧЕСКОЙ СОЦИАЛИЗАЦИИ МОЛОДЁЖИ В РОССИЙСКОМ ОБЩЕСТВЕ В УСЛОВИЯХ ЦИФРОВИЗАЦИИ

The purpose of the article is to analyze current areas of interaction between society and the state in solving problems of spiritual and moral education of the younger generation, to form the continuity of generations based on the assimilation and reproduction of traditional values basic to society which are a necessary condition for cultural and civilizational identity. The role of the state in solving these problems is to formulate a policy adequate to emerging challenges through the creation of an institutional environment that creates favorable, non-antagonistic, conflict-free conditions for society for the implementation of public initiatives and the development of a system of public relations in the global digital communication space. The specifics of interaction between the state and civil society structures in the system of public relations and political socialization of youth in the implementation of national policy aimed at ensuring national interests are outlined. In conclusion the authors sum up that in order to solve these problems it is necessary to develop a model of interaction that would unite the efforts of the state, society and individuals. The following are identified as elements of this model at the level of public authorities and civil servants: the need to develop and improve competencies based on the use of the capabilities of the digital communication environment; increasing the level of responsibility of employees in their interaction with citizens; guiding the performance of their official duties by the principles of patriotism and service to society; building open, trusting relationships in the implementation of joint projects aimed at solving socially significant problems; eliminating any possibility of incorrect relations with citizens and the public which can provoke a negative formation of public opinion and reduce the effectiveness of the system of public relations formed by the authorities.

Transformation of the Institution of Public power in modern Russia: advantages and disadvantages

The constitutional regulation of the institution of public authority, taking into account the amendments to the Basic Law in 2020, revealed a number of contradictions with the current legislation adopted subsequently. The levels (international, federal state, regional state and municipal) of the implementation of public power are highlighted and considered, as well as some problems related to both the composition of a unified system of public authorities and the possible negative consequences of the trend of its centralization. The necessity of responding to and including modern technological challenges in the sphere of activity of public authorities is shown. The subject of the study is the institution of public authority, the composition of a unified system of public authorities, legal relations developing within this system, as well as the impact of adopted constitutional amendments and modern challenges (globalization, digitalization, Internet technologies, etc.) on the transformation of the institution in question. The aim of the work is to identify contradictions in the legal regulation of the institution of public power, identify the levels and features of its implementation, and develop proposals to improve the effectiveness of the unified system of public power without prejudice to the institutions of federalism and local government. Material and methods. The study used the current Constitution of the Russian Federation, relevant federal legislation, as well as judicial practice - decisions of the Constitutional Court of the Russian Federation. The general (methods of analysis and synthesis, deduction and induction, system-structural method) and private (formal legal, comparative legal methods, method of generalization of judicial practice) methods of scientific cognition are used. The trend of increasing centralization of public power that has manifested itself at present can be justified to some extent by the current situation associated with unprecedented external pressure and the need for a certain consolidation of society and the state in the person of public authorities. At the same time, the state is called upon to distribute functions between levels of public authority in such a way that the rights of local self-government, as well as the principles of federalism and subsidiarity, which are either directly enshrined in the Basic Law or follow from its content, are strictly respected. The latter assumes the priority right of territorial units of the lowest possible level, with sufficient potential to solve specific tasks, to exercise powers on specific subjects of competence.

Municipal and Industrial Urban Waste: Legal Aspects of Safe Management

Competent management of the production and consumption of waste is the foundation for ensuring a favorable environment in cities and comfortable living conditions for the population. Laws and regulations play a key role in this process since they determine measures aimed at creating conditions for safe waste management, an effective management system in the field of environmental protection from waste pollution. In the cities of many developing countries, including Russia, despite the efforts being made, there is an increase in the volume of municipal solid waste. Solving the problems of waste management has been set as a national task. The article analyzes the current condition of solid waste management systems in developed and developing countries and identifies the features and prospects of waste management, including the one in Russia. It is established that the existing set of organizational, sanitary, and legal measures, and legal regulation of relations and law enforcement practices in the field of solid municipal waste management in many developing countries is still in the forming stage. The positive experiences of countries in implementing sustainable systems of safe waste management and the positions of judicial bodies on controversial issues of waste management in cities can be used as the basis for an environmental policy of safe waste management at all levels of public authority, as well as improving legislation in the field of waste management.

The Role of Strategic Planning in the Implementation of National Policy in the Russian Federation

Strategic planning acts as a key tool for the preparation and implementation of national policy at the level of state and municipal administration. Given the limited resource capabilities of the budget system of the Russian Federation, the strategy allows us to purposefully solve the tasks set and ensures the implementation of the principle of a multinational state. The purpose of the study is to assess the organizational and legal potential of strategic planning of national policy at the level of the Russian Federation, its subjects and municipalities. The article provides for the application of an institutional approach that allows assessing the effectiveness of national policy management at different levels of public authority. The structural and functional method determined the possibility of evaluating the effectiveness of the national policy management structure. In the course of the research, the potential of the process of planning and implementing national policy is revealed. The scientific significance of the findings lies in the classification of the typology of national policy management in the region and the municipality. The novelty of the work is to identify the features of regional and municipal practices of national policy management.

Socioeconomic competence of local self-government bodies of largest cities

The subject of the article is legal issues of municipal authorities’ activities in the field of socioeconomic development.The purpose of the article is to identify trends in the legal regulation of socioeconomic issues of organizing local self-government in the largest cities of the Russian Federation. The methodology includes formal legal interpretation of Russian legislative acts, decisions of Russian Constitutional Court as well as systemic analysis of municipal acts.The main results, scope of application. The article analyzes the division of powers between regional and municipal authorities. At the present stage of development of Russian federalism, a rather complex and unstable model of delimitation of powers between levels of public authority has developed, which does not contribute to the socio-economic development of municipalities. distribution of powers between levels of public authority. The question of the delimitation of powers acquires new content in the formation of urban districts with intracity division and intracity districts in the largest cities. Based on the experience of organization and activities of urban districts with intracity division of Chelyabinsk and Samara, the problems and prospects of this approach to territorial planning and the distribution of powers between levels of public authority are outlined. Special attention is paid to the problem of finding a balance between centralization and decentralization of local self-government. In this aspect, the issue of a more effective delimitation of powers between different levels of public authority comes to the fore in order to maintain a unified urban policy in the field of ensuring the socio-economic development of the largest cities of the Russian Federation.Conclusions. A comprehensive approach is needed to delineate powers between levels of public authority, taking into account the importance of the largest cities in the spatial development of the Russian economy and their role in the formation of urban agglomerations. Only centralized administration makes it possible to develop a unified urban infrastructure. Therefore, improving the interaction of public authorities and local self-government is a necessary condition and the most important area of work in major cities that requires joint efforts. However, at the same time, it is necessary to avoid the degeneration of local self-government into a state one and the loss of the internal content of this institution of public power.

Financial Monitoring of Payment Card Transactions

The relevance of determining the impact of international standards on the development of financial investigations is determined by the need to build an effective financial monitoring system and improve the effectiveness of coordination of the activities of financial monitoring entities, in particular, at the state level. The aim of the study is to develop theoretical provisions and practical skills to determine the essence of financial monitoring and development of the direction of financial investigations to counter money-laundering and the financing of terrorism. It has been established that cash is widespread in criminal money laundering schemes. In the context of a sufficiently large amount of cash in the economy, which is used on a scale taking into account the nature and specifics of their activities, identifying and combatting money-laundering of criminal proceeds using cash is a difficult task. Given the constant introduction of legislative restrictions and increased control of the financial system by public authorities, intruders are developing new or improving existing money laundering schemes, aiming to give illegal financial transactions the most legal appearance. At the same time, both at the level of public authorities and at the level of primary financial monitoring entities, new methods and approaches to identifying money laundering schemes are constantly being introduced and improved. The organization of financial investigations has become more important since the introduction of international FATF standards.

Election Commissions in the Mechanism of Protection of Political Competition in the Russian Federation

The paper analyzes the status of election commissions as safeguards of ensuring and protecting political competition in the Russian Federation. Political competition is considered in the context of elections as a mechanism for implementing constitutional principles of alternation of power and ensuring political rights of participants in electoral relations. The paper describes a specific place of election commissions (primarily, the Central Election Commission of the Russian Federation — CEC) in the political system, which determines their potential in protecting political competition. The key characteristics of election commissions due to which they can protect political competition involve their remoteness from the political market, lack of interest in the results of competition, and impartiality and independence in making decisions involving public power. The leading role of the CEC of the Russian Federation in protection of political competition is determined taking into account its status as the agency heading the system of election commissions in Russia, as well as taking into account the fixed scope of powers in relation to participants of the electoral process. The author determines some problems limiting the potential of election commissions in protecting political competition. These include, in particular, issues of election commissions formation, problems of ensuring their independence, insufficient powers to regulate electoral relations, etc. It is concluded that it is impossible to increase transparency and competitiveness of the political system without comprehensive institutionalization of election commissions at all levels of public authority. This implies expanding capabilities of election commissions to regulate the political market and implementation of guarantees of their independence. At the same time, it is noted that protection of political competition, despite a significant role of election commissions in political competition, cannot be reduced exclusively to their activities, since it also requires an adequate level of judicial protection of political rights and strengthening public control over electoral procedures.

Fiscal Federalism and the COVID-19 Crisis: Theoretical Aspects and Poland’s Experience

Abstract The article analyzes the specifics of the COVID-19 crisis and its impact on the public finance system, taking into account the key problems of the theory of fiscal federalism. The purpose of this article is to examine the impact of the pandemic crisis on the fiscal relations taking place between different levels of public authority (intergovernmental relations – IGR), considered in the context of the decentralization of the public finance system and the associated distribution of public functions and resources. The article refers to the model features of these relationships, as defined in the theory of fiscal federalism. It also examined the responses of European countries to the negative effects of the COVID-19 crisis, taken within the framework of the IGR, in order to limit the negative effects of the pandemic at different stages. An attempt was also made to answer the question of how the current pandemic crisis may change the multilevel governance (MLG) patterns set forth in the doctrine. The Polish public finance system was used as an example for detailed analysis in this regard.

DELEGATION OF POWERS WITHIN THE SYSTEM OF PUBLIC AUTHORITY

The relevance of the topic of the article is due to the amendments to the Constitution of the Russian Federation that entered into force on July 4, 2020, and enshrined, in particular, the principle of the unity of the system of public authority in the Russian Federation (Part 3 of Article 132). The amendments provide for the need to change the existing legislation and adopt normative acts regulating in more detail the relations within the unified system of public authority between its levels - federal, regional, municipal, as well as the implementation of the principle of the unity of the system of public authority, its impact on the mechanism for transferring powers between the levels of public authority. The purpose of this article is to analyze the current legislation and the relations that are developing in practice on the transfer of powers between the levels of public authority of the Russian Federation. Methods: analysis of legal regulation, formal legal, comparative legal. Results: the article identifies the components of the system of public authority in the Russian Federation, the mechanisms for the transfer of powers between the levels of public authority. It is revealed that the amendments to the Constitution of the Russian Federation and the legislation adopted in the development of their provisions have consolidated the relations existing in practice on the transfer of powers between the federal, regional and municipal levels.

Legal institute of lobbying: the problem of legislative regulation in Ukraine

The article examines the problem of legislative regulation of the socio-political institution of lobbying in Ukraine on the basis of borrowing similar experience from developed democracies using the dialectical method. It is noted that lobbying should be considered as one of the democratic institutions of influence of the public and business structures on decision-making by public authorities (representation of interests), namely as a professional mediation activity between society and government. Legislative regulation of the institution of lobbying in Ukraine may not restrict other rights of citizens regarding their influence on the authorities, which are guaranteed by the Constitution of Ukraine and defined by national legislation (for example, the right to appeal to the authorities, the right to participate in the management of public affairs through advisory bodies, parliamentary hearings, public discussions, etc.). It is concluded that the most pressing aspects of the problem of legal institutionalization of lobbying in Ukraine, which need to be addressed, are the following: development of theoretical-methodological foundations of lobbying in national political-legal realities, taking into account similar foreign experience; a comprehensive approach to the legislative regulation of lobbying activities at all levels of public authority, and on the basis of clear harmonization of lobbying rules with legislation in related areas; legislative definition of the concept and all components of lobbying activities, the legal status of lobbyists; particular attention should be paid to the development of ethical rules for the lobbying profession, which should be based on the principles of legality, transparency, openness and integrity.

The Interests of the Population of the Municipality from the Position of Dialectical Trinity

This article examines the interests of the population of municipalities as a constitutional and legal category on the basis of a dialectical approach. The scientific novelty is their consideration in the trinity of spiritual and moral values, energy and information needs and material and technical well-being of the population. The synergetic effectiveness of this trinity is substantiated through the direct stable connection of the elements of the triad. Harmony between all interests is important for improving the quality of life in municipalities. Therefore, strategic planning documents should be consolidated, affecting all three groups of needs of the population and providing for their synchronized provision by each level of public authority, only in this case it is possible to achieve the main constitutional goal – the effective solution of tasks in the interests of the population by public authorities.

Increasing the prestige of local self-government bodies and the effectiveness of activities should begin in the process of studying at the university

The subject of the research are the materials of judicial practice (texts of court decisions and information sources, the content of information about the results of court hearings), data from sociological surveys.The purpose of the article is to identify the relationship between the knowledge of municipal law, local self-government or urbanism obtained during training at a university and subsequent professional activities related to local self-government carried out at different levels of public authority.The methodology. A comprehensive methodology was used, including legal and sociological research methods. Formal legal, legal technical and comparative legal were used among the legal methods. The sociological methods include the method of expert survey and the method of content analysis, which makes it possible to reveal the real position of the respondent, if he wants to disguise it not only the positions expressed, but also the words actually used were analyzed. The most repeatable ones were identified with the help of special software products.The main results, scope of application. Quite significant amendments were made to the Russian Constitution in 2020. One of the novels concerns a unified system of public power, the inclusion of a new term in the text of the constitution. The implementation of these novels in the legislation on local self-government is expected after the completion of the formation of the updated composition of the Federal Assembly. For this, it is necessary not only to reveal the term itself and list the levels of public authority, but also to establish new principles of their relationship, incl. in a sense, uniform standards, rules and requirements for state and local authorities. One of the possible consequences of this may be an increase in the prestige of work in local self-government bodies, a change in attitudes towards work in local self-government bodies.Conclusions. The analysis of the materials of law enforcement practice, the data of opinion polls on trust in local self-government bodies, attitude to the results of the work of local self-government bodies and their officials show that of all levels of government the municipal level is least trusted. Unfortunately, such an attitude begins to form in the process of training future employees of public authorities at different levels.

Право муниципальной собственности в России и Монголии

The specificity of the legal regime for municipal property is determined by various factors, including features of the administrative-territorial structure, relations between different levels of public authority, the economic policy of the state, and the essential characteristics of the legal system. An analysis of Russian and Mongolian legislation showed some significant differences in consolidating the right to municipal property. Some of them are caused by varying independence levels of municipalities. In Mongolia, the combination of the principles of self-governance and public administration provides a wide range of opportunities for public authorities to participate in municipal property management. The author notes that Russia and Mongolia have a fundamentally different approaches to understanding the essence of rights to property and other objects of civil law. In Russia, the legislator tries to adhere to the distinction between property rights and rights of obligation; in Mongolia, there is a proprietary concept that allows any objects to be considered as objects of property rights. That makes possible the resolution of controversial issues regarding the ownership of municipalities on budget funds, non-documentary securities, and intellectual property rights.

ISSUES REGARDING THE RIGHT TO HEALTH CARE IN THE CONTEXT OF THE COVID-19 PANDEMIC

The article analyses some health situations, which have not yet been resolved by the Romanian state, from the perspective of applicable legislation and documentation developed at the level of public authorities with competences in the field: the issue of palliative care and citizens 'access to them, citizens' access to medical services screening and monitoring of oncological diseases and the need for human plasma fractionation in our country. In the latter case, people with certain ailments find themselves in a situation where their right to health care is restricted due to the risk of not finding the right treatment. Unfortunately, the COVID-19 pandemic is an obstacle to either continuing public health policies or trying to take the first concrete steps in this direction. However, the pandemic does not suspend the conditions that depend on palliative care, nor the identification of oncological conditions or their monitoring. Also, the possible lack of immunoglobulins in Romania draws the line between the right to health care and the right to life. The information found in this research aims to make citizens aware of the importance of taking great steps in these directions and the ways in which their rights are respected, under the conditions provided by the Romanian medical system.