Fedotov V.V. —
Problems of differentiation between state services and state functions in Russia
// Administrative and municipal law. – 2015. – ¹ 11.
– P. 1157 - 1163.
DOI: 10.7256/2454-0595.2015.11.16848
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Abstract: The subject of the research covers the principles of division of the activities of public administration into state functions and state services. Particular attention is paid to the origins of the concepts “state service” and “public service” in the Russian legislation; the author carries out the comparative analysis of legal grounds and the content of state functions and services in the civil and administrative legislation. The author considers the list and the content of some state services rendered by “Rosreestr”. The author studies their content and interrelation with civil and constitutional rights of citizens and administrative responsibility. In this research the author applies the historical and comparative methods to study the legal norms, along with the methods of analysis and synthesis. The author supposes that division of the public authorities’ activities into state functions and state services should be derived from the existing principles of regulation of services and functions, and a broad interpretation of administrative process. In the author’s opinion, the public bodies’ implementation of their authorities, especially in the spheres of licensing and registration procedures, should be considered at state functions. The author ascertains that in some cases a state function acquires the features of an administrative prescription. The author formulates the definition of a state function in the context of state services and suggests applying the term “state services”.
Fedotov V.V. —
The specificity of state registration of rights to real estate and real estate transactions within the Crimean Federal Okrug
// Law and Politics. – 2015. – ¹ 9.
– P. 1234 - 1238.
DOI: 10.7256/2454-0706.2015.9.16210
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Abstract: The subject of this research is the distinct specificity of the state registration of rights to real estate and real estate transactions within the Crimean Federal Okrug. The article examines the current legislation in the Republic of Crimea in the area of real estate. A comparison is conducted on the law “On Peculiarities of Regulation of Property and Land Relations in the Republic of Crimea” with the norms of the Federal Law “On State Registration of Real Rights on Real Estate Property” of the Civil Code of the Russian Federation. The author points out specific aspects within the Crimean legislation with regards to state registration of real rights and real estate. The discovered peculiarities are intended to organize turnover of real estate with consideration of the peculiarities that has formed within the territory of the Republic during its time under Ukrainian jurisdiction, and eliminate abuse during the transitional period. In author’s opinion, the experience of delegation of authority to the specially created executive branches of the constituent of the Russian Federation can be implemented in other regions of Russia.
Fedotov V.V. —
The specificity of state registration of rights to real estate and real estate transactions within the Crimean Federal Okrug
// Law and Politics. – 2015. – ¹ 9.
– P. 1234 - 1238.
DOI: 10.7256/2454-0706.2015.9.42817
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Abstract: The subject of this research is the distinct specificity of the state registration of rights to real estate and real estate transactions within the Crimean Federal Okrug. The article examines the current legislation in the Republic of Crimea in the area of real estate. A comparison is conducted on the law “On Peculiarities of Regulation of Property and Land Relations in the Republic of Crimea” with the norms of the Federal Law “On State Registration of Real Rights on Real Estate Property” of the Civil Code of the Russian Federation. The author points out specific aspects within the Crimean legislation with regards to state registration of real rights and real estate. The discovered peculiarities are intended to organize turnover of real estate with consideration of the peculiarities that has formed within the territory of the Republic during its time under Ukrainian jurisdiction, and eliminate abuse during the transitional period. In author’s opinion, the experience of delegation of authority to the specially created executive branches of the constituent of the Russian Federation can be implemented in other regions of Russia.