Mikhailova M.V., Pibaev I.A. —
Reflecting on the Results of Implementing the 'Competitive' Procedure for Electing Units' Leaders in the Kirov Region
// Administrative and municipal law. – 2018. – ¹ 2.
– P. 33 - 44.
DOI: 10.7256/2454-0595.2018.2.26192
URL: https://en.e-notabene.ru/ammag/article_26192.html
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Abstract: 2014 - 2015 faced a new stage of the municipal reform that considerably improved the legal regulation of local self-government authorities. Over the past two years of execution of the municipal unit's right to set their own procedure for electing their leaders, regional authorities have gathered experience that needs to be thought over and analyzed. Based on the analysis of election of municipal units' leaders out of candidates presented by the competition commission in 2016 - 2017 in the Kirov Region, the authors of the article analyze diverse and contradictory experience of electing municipal units' leaders and describe reasons that prevent from an efficient use of the aforesaid institution. In the course of their research the authors have used such methods as historical, comparative law, formal law methods and logical methods such as analysis and synthesis. In conclusion, the authors state that, on the one hand, regional authorities are interested in creation of a certain mechanism for electing leaders that they can control, mostly, for regions and urban districts, and for the purpose of conducting economic and social transformations without actually taking into account the opinion of the population and representational body, and, on the other hand, opportunity of a constituent to define the way of electing a municipal unit's leader creates social tension and disrespect of the deputy because it in fact push them aside from participating in the higihest authorities of municipal units.
Pibaev I.A. —
Constitutional law on public religious events in Italy and Russian Federation
// Law and Politics. – 2016. – ¹ 6.
– P. 761 - 773.
DOI: 10.7256/2454-0706.2016.6.13184
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Abstract: The subject of this research is the legislative regulation and practice of realization of public religious events in the Russian Federation and Italy. Examining the current Italian and Russian legislations, the author attempted to classify and systematize various religious events and their legal regulation. The work presents specific examples of application of various legal regimes, as well as legal precedent pertaining to exercise of the right to organize and hold religious events. Several proposals are made on improvements to the current legislation and borrowing of foreign experience for Russian legislation. The author concludes on the need to improve Russian legislation, namely a number of positions of the Federal Law No. 54-FZ “On Assemblies, Meetings, Demonstrations, Marches and Picketing”. The author believes that there is a need to remove the existing collision by introduction of changes to the Federal Law No. 125-FZ (clause 5 of the Article 16), which would exclude the referencing norm to the Federal Law No. 54-FZ, and amend the 54-FZ in the clause 2 of the Article 1with the following formula: “with the exception of public religious services, other religious rituals and ceremonies (including prayer and religious gatherings) held in public places that require measures for ensuring public order and safety of both, the participants of the religious ceremonies, as well as other citizens. Such events should be held in the order established by the current federal law”.
Pibaev I.A. —
Constitutional law on public religious events in Italy and Russian Federation
// Law and Politics. – 2016. – ¹ 6.
– P. 761 - 773.
DOI: 10.7256/2454-0706.2016.6.42652
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Abstract: The subject of this research is the legislative regulation and practice of realization of public religious events in the Russian Federation and Italy. Examining the current Italian and Russian legislations, the author attempted to classify and systematize various religious events and their legal regulation. The work presents specific examples of application of various legal regimes, as well as legal precedent pertaining to exercise of the right to organize and hold religious events. Several proposals are made on improvements to the current legislation and borrowing of foreign experience for Russian legislation. The author concludes on the need to improve Russian legislation, namely a number of positions of the Federal Law No. 54-FZ “On Assemblies, Meetings, Demonstrations, Marches and Picketing”. The author believes that there is a need to remove the existing collision by introduction of changes to the Federal Law No. 125-FZ (clause 5 of the Article 16), which would exclude the referencing norm to the Federal Law No. 54-FZ, and amend the 54-FZ in the clause 2 of the Article 1with the following formula: “with the exception of public religious services, other religious rituals and ceremonies (including prayer and religious gatherings) held in public places that require measures for ensuring public order and safety of both, the participants of the religious ceremonies, as well as other citizens. Such events should be held in the order established by the current federal law”.
Pibaev I.A. —
Electing representatives of religious organizations into legislative bodies of the constituent subjects of the federation: theoretical and historical aspect.
// Legal Studies. – 2014. – ¹ 7.
– P. 36 - 47.
DOI: 10.7256/2305-9699.2014.7.12706
URL: https://en.e-notabene.ru/lr/article_12706.html
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Abstract: The article concerns history and modern practice of participation of representatives of various religious denominations in the activities of legislative bodies. Within the framework of Inter-Council Assembly of the Russian Orthodox Church on February 2, 2011 they have adopted a document entitled "Practice of Claims and Actions of Hierarchs, Clergy, Monks and Common People during the Election Campaings". While this document has suppored the pre-existing prohibition for the church clergy to take part in election, it has left a "loophole" for exceptions. After that there was a widespread discussion on the possibility and necessity for the church clergy to take part in elections of various levels. While writing the article, the author applied the special methods, such as historical legal method, comparative legal method and systemic method. Application of combination of the said methods has allowed for a comrehensive solution in order to achieve the goals and aims of the study. The author has analyzed the attitude of Russian religious organizations to the political activities. The conclusion is substantiated that the religious clergy sholud not take part in elections for the legislative bodies of constituent subjects. In the opinion of the author this type of activities is more suitable for the common people, who have active position and religious world view.
Pibaev I.A. —
// Actual problems of Russian law. – 2013. – ¹ 10.
– P. 1223 - 1231.
DOI: 10.7256/1994-1471.2013.10.8061
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