Rukoleev V.A., Savoskin A.V. —
Request for information on the activities of the authorities: is there a need for separate regulation?
// Administrative and municipal law. – 2024. – ¹ 5.
– P. 36 - 49.
DOI: 10.7256/2454-0595.2024.5.71706
URL: https://en.e-notabene.ru/ammag/article_71706.html
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Abstract: The article is devoted to the study of the information request, its relationship with the traditional types of appeals. In particular, on the pages of this work, a comprehensive comparison of the request for information with the application is carried out, the place of the request for information is determined, its role in the existing system of citizens' appeals. The authors have made an attempt to understand the reasons for the existence of special regulation of information requests. The topic is relevant due to the fact that currently law enforcement practice indicates the lack of demand among the general population for such a type of appeal as a request for information, unlike traditional types of appeals. The chosen research topic has received great relevance due to the presence in the vast legal literature of a dispute about the need to unify the legal regulation of public relations related to the realization of the right to appeal and the right to information. The article reflects the positions "for" and "against" the elimination of largely duplicative legal norms. The subject of the study is the provisions of normative legal acts in the field of regulating the types of appeals, their submission and consideration in the exercise by citizens of the constitutional right to both appeal and information. Methodological basis of the research: to solve all the tasks set, general scientific and special legal methods were used, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), a systematic method, as well as a formal legal method can be distinguished. The scientific novelty of the study is due to the fact that it shows the current state of the normative consolidation of the institute of information request. According to the results of the study, the authors proposed to abandon the irrational accumulation of the legal array and exclude the norms on information requests from the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Governments" and the Federal Law "On Ensuring Access to Information on the Activities of Courts in the Russian Federation". In their opinion, the specifics of dealing with such appeals can be reflected in the Federal Law "On the procedure for considering appeals from Citizens of the Russian Federation." However, it is important to maintain a balance between the interests of the authorities and the rights of citizens to appeal and information in order to prevent unjustified restrictions on these rights.
Rukoleev V.A., Zadorina M.A. —
Problems of realization of the right to pension provision for certain categories of citizens in conditions of international political instability
// Politics and Society. – 2024. – ¹ 4.
– P. 55 - 66.
DOI: 10.7256/2454-0684.2024.4.72767
URL: https://en.e-notabene.ru/psmag/article_72767.html
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Abstract: The article is devoted to the problems of realization of the right to pension provision by certain categories of citizens of the Russian Federation who are entitled to an early old-age insurance pension, whose work was carried out on the territories of the states that are part of the USSR. The topic is relevant due to the fact that pension legislation is dynamically developing. Modern geopolitical conditions, when citizens of the former Soviet republics acquire citizenship of the Russian Federation due to various circumstances, give the chosen topic great relevance. The study pays special attention to the impact of the current international political situation on the realization of the right to pension provision by such citizens. The subject of the study is the norms of the legislation of the Russian Federation on pension provision, judicial practice, as well as the works of domestic legal scholars on this issue. The methodological basis of the research was made up of general scientific (analysis, synthesis, induction, deduction, generalization), as well as special legal (formal legal) methods of scientific cognition. Based on the analysis of judicial practice, problems have been identified in the realization of the right to an early old-age insurance pension by citizens of the Russian Federation whose work was carried out in the territories of the states that were part of the USSR: difficulties in confirming the existence of a special work experience associated with the adverse effects of various factors due to the reorganization or liquidation of the employer organization; absence (loss) of documents on work experience; ignoring by organizations and authorities of the states of the former Soviet republics requests for information on the provision of information on the duration, nature and working conditions of persons living in Russia, in the territories of the former Soviet Union. It has been established that employees of pension authorities make mistakes in the application (interpretation) of the norms of pension legislation, evade the obligation to request documents necessary for the appointment of a pension from authorities and organizations, shifting this burden on citizens themselves and forcing them to defend their rights and legitimate interests in court. Based on the results of the study, the authors proposed measures aimed at optimizing the procedure for exercising the right to an early retirement insurance pension, taking into account modern geopolitical conditions.
Rukoleev V.A. —
The right of citizens to attend meetings of collegial authorities
// Administrative and municipal law. – 2024. – ¹ 1.
– P. 81 - 93.
DOI: 10.7256/2454-0595.2024.1.69930
URL: https://en.e-notabene.ru/ammag/article_69930.html
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Abstract: This article is devoted to the study of the problems of regulation and prospects for the development of public relations related to the exercise of the right to attend meetings of collegial authorities. The topic is relevant due to the fact that law enforcement practice indicates massive violations of the right to attend meetings of government bodies. The reason lies in the incompleteness of legislative regulation. The legislator provided only basic, declarative norms. In their development, the authorities independently, taking into account their specifics and peculiarities of functioning, develop the procedure and rules for the presence of citizens at meetings. The subject of the study is the provisions of normative legal acts in the field of regulating the presence of citizens at meetings of collegial authorities, as well as judicial practice and existing scientific provisions on the studied issues. General scientific and special legal methods were used in the work, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), the systematic method, as well as the formal legal method can be distinguished. The scientific novelty is due to the fact that the work reflects the current state of the normative consolidation of the right of citizens to attend meetings of collegial authorities. Based on the results of the study, the author formulated proposals for improving legislation. In particular, to amend article 15 of the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Self-government bodies", providing: firstly, specifying the timing of informing citizens about the meeting appointed by the authority and the name of the sources using which it is necessary to inform, as well as the timing of contacting the authority about the intention to attend the meeting; secondly, to fix the inadmissibility of including in the agenda of one meeting issues containing information of open and limited access; thirdly, to unify the grounds excluding the possibility of attending meetings of authorities.