Akhrameeva O.V., Trofimov M.S. —
Evolution of the essence of “service” within the framework of transformation of service relations with government involvement
// Law and Politics. – 2017. – ¹ 11.
– P. 1 - 16.
DOI: 10.7256/2454-0706.2017.11.24390
URL: https://en.e-notabene.ru/lpmag/article_24390.html
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Abstract: The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.
Akhrameeva O.V., Trofimov M.S. —
Evolution of the essence of “service” within the framework of transformation of service relations with government involvement
// Law and Politics. – 2017. – ¹ 11.
– P. 1 - 16.
DOI: 10.7256/2454-0706.2017.11.43109
URL: https://en.e-notabene.ru/lamag/article_43109.html
Read the article
Abstract: The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.
Akhrameeva O.V. —
The role of administrative regulations in ensuring private interests
// Urban Studies. – 2016. – ¹ 1.
– P. 51 - 61.
DOI: 10.7256/2310-8673.2016.1.17141
URL: https://en.e-notabene.ru/urb/article_17141.html
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Abstract: The modern legal regulation of public relations is first and foremost based on ensuring and protections of the rights of a private entity, and thus – the private sphere of public relations. This goal is reflected in the Constitution of the Russian Federation, in protection of all forms of property, including private and state. Due to the fact that private and public interests are inseparably intertwined and represent an integrated whole, the stability of the entire society, and especially its lowest local level, depends on how the private relations would be regulated. However the regulation of private relations is based on such postulate that this category can only be regulated by the norms of private law. At the same time, the government actively provides the public-legal mechanisms, which will allow even to the local government authorities to independently regulate these relations. In this article the author explores one of these mechanisms – administrative regulations – normative acts which provide systematization and regulation of the administrative process and reflect the separate operating processes and the order of their execution. Basing on the comparative-legal and historical methods, the author analyzes the establishment of the aforementioned mechanism of realization of private interests in the world, as well as in the Russian Federation, particularly in the conditions of the advancing concept of e-government. The author points out the main issues that require solution, among which are the municipal informatization, information accessibility, adequate and understandable perception of electronic services, etc.
Akhrameeva O.V. —
Improving notarial services provided by the local authorities as a basis of legal stability in townships
// Urban Studies. – 2015. – ¹ 4.
– P. 49 - 66.
DOI: 10.7256/2310-8673.2015.4.17143
URL: https://en.e-notabene.ru/urb/article_17143.html
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Abstract: Notarial acts are a form of state service provided to the population by state-authorized organizations and individuals, including municipal authorities. This article examines the theoretical and practical aspects of empowering the local authorities to provide notarial services. The author substantiates that some municipal units in Russia provide notarial services on a non-professional basis, and townships usually have notarial services performed by individuals that lack the necessary qualification.The article analyzes existing criteria and procedure for applying for a notarial license, compares Russian and foreign experience, and provides ideas on improving the regulation of all stages of getting authorized into the notary profession in the form of a universal, Federal-level Act that would fill regulation gaps and clarify the access procedures for the merit-based acceptance into the notary profession. The author draws attention to the guarantees provided by notarial services that are the basis for the notary work itself (for government notaries, as well as those not paid from state budget), as well as the application and enforcement of Law. Namely - full, up to standard quality, Law-based, bare-minimum notarial services provided to the citizens who live in townships. In this article, the author provides a comparative Law research of the realization of notarial powers by notaries and municipal statesmen, and points out the flaws in the legal regulation for this public service. The author analyzes the legal acts that regulate municipal authorities performing notarial services. The author elaborates theoretical and practical issues that emerge in the process of empowering municipal authorities with state powers. The author designates the main parameters for interaction, offers propositions for the development of delegated powers as a legal institute and touches upon the issue of practicability of giving state powers to municipal bodies.
Akhrameeva O.V. —
Unobvious obstacles in achieving the goals of injunctions.
// Legal Studies. – 2013. – ¹ 12.
– P. 95 - 113.
DOI: 10.7256/2305-9699.2013.12.1033
URL: https://en.e-notabene.ru/lr/article_10330.html
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Abstract: The article concerns injunctions as one of the key institutions of the arbitration process. These measures guarantee future enforcement of a judicial act, and at the same time they preserve the positions of parties to the process in the status prior to when the process was started. However, the fast decision-making in the sphere of temporary limitations to some acts may cause inpredictable circumstances, and it may be contrary to the goals and aims of injunctory measures. The author analyzes the legislative requirements and the guidelines of the higher judicial instances regarding claims (requests) for application of injunctions, and provides examples based on judicial arbitration practice. Additionally, the author analyzes the sphere of land relations in order to show examples of obstacles in the implementation of injunctions according to claims of the parties. The author makes a conclusion that fast decision-making on such claims may lead to abridgements of rights of third parties, and it may be proven by the judicial practice. The author shows the correlation between the public and the private elements in regulation of land relations, and the author considers that the judges should take into account the interests of an indefinite range of persons, when making a decision on the claim for the application of an injunction.
Akhrameeva O.V. —
Establishing jurisdiction of a court in cases on challenging contractual obligations in a contract with an undefined place of performance.
// Legal Studies. – 2013. – ¹ 7.
– P. 168 - 176.
DOI: 10.7256/2305-9699.2013.7.8939
URL: https://en.e-notabene.ru/lr/article_8939.html
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Abstract: Stability and predictability serve as a basis for the relations among economic subject. And one may refer to stability also with the references to the judicial cases on disputes among the contractual parties, when the possibility for such conflict resolution is provided in the contract. However, some parties make mistakes in this respect, such as failure to mention the place of contractual performance, forming an obstacle to lawful conflict resolution. Most of contracts for sale of goods, performance of work, and provision of paid services do not refer to place of performance under the contract. Usually the parties mention a place where the contract was concluded as well as the place of factual performance of an obligation - handing the goods over to a buyer, provision of results of work to a customer, provision of services. It might seem that there is no practical need to refer to a place of performance under a contract. However, presence of such a clause in a contract allows to use the right for alternative place of jurisdiction instead of filing a claim at the place of residence of a respondent. On the opposite, in the absence of such a clause the possibilities for the use of alternative jurisdiction are often misunderstood.