Zanko T.A. —
Analysis of periodicity of amending the regulations on federal executive authorities
// Administrative and municipal law. – 2017. – ¹ 8.
– P. 14 - 18.
DOI: 10.7256/2454-0595.2017.8.23780
URL: https://en.e-notabene.ru/ammag/article_23780.html
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Abstract: Based on the legal statistics methodology, the author analyzes the periodicity of amending the regulations on federal executive authorities. To achieve the research goal, the author systematizes the current regulations on federal executive authorities, calculates average and absolute indexes in different groups of federal executive authorities. The considered indexes characterize the stability level of legal support of federal executive authorities, the quality of strategic planning in defining their legal status. The author uses the formal-legal, structural-functional and statistical methods, which help carry out a complex study of periodicity of amending the regulations on federal executive authorities. As a result, the author detects the average periodicity of amending the regulations on federal executive authorities, which numbers 214 days. The author finds out that the regulations on federal ministries change more frequently than others. The calculations demonstrate that the regulations on federal executive authorities of the “Presidential block” are more stable compared with federal executive authorities, managed by the Government of the Russian Federation.
Zanko T.A. —
Analysis of changes in the system and structure of federal executive authorities (2004 – 2016)
// Administrative and municipal law. – 2016. – ¹ 8.
– P. 636 - 639.
DOI: 10.7256/2454-0595.2016.8.19786
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Abstract: The article covers the transformations of the system and structure of federal executive authorities that occurred during the period of 2004 - 2016; such an analysis provides an opportunity to study the forms, intensity and frequency of the changes and to identify their common characteristics. In general, during this period 53 decrees of the President of the Russian Federation had been adopted, which in different ways modify the system and structure of executive power. Based on this figure, the author concludes that every 90 days the structure of federal executive bodies changes: executive bodies are created, abolished, merged, transformed, renamed, or change their jurisdiction.The study is based on the formal-legal, structural-functional, comparative-legal and historical methods which provide for a comprehensive study of changes of the system and structure of federal executive authorities. The result of the analysis shows that the modern structure of federal bodies of executive power is characterized by a rather high dynamics of changes. The analysis of quantitative changes in the structure of federal executive bodies allows focusing on the improvement of legal support of the most widely used forms of transformations of the structure of federal authorities.
Zanko T.A. —
Aspects of the legal regulation of public service relationships during transformations within the structure of the federal executive authorities
// Law and Politics. – 2016. – ¹ 8.
– P. 1043 - 1049.
DOI: 10.7256/2454-0706.2016.8.19831
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Abstract: This article examines the specifics of the legal regulation of public service relationships during the transformations in the structure of the federal executive authorities. In particular, it addresses the issues of admission to the public service while creating new, reorganizing and abolishing of the existing federal executive authorities. Particular attention is paid to the procedure of notification of civil servant of the impending reduction of positions, the possibility of holding an extraordinary examination, and offering available positions, especially with the use of the services of the Portal of the federal public service and administrative personnel. The study uses legal and structural methods that provide a comprehensive study of the problems of legal regulation of public-service relationships during transformations in the structure of the federal executive authorities. The analysis revealed that during financial and economic crisis, efforts are constantly made to optimize the existing apparatus of government. Moreover, the process of organizational optimization, especially if it is connected with reduction in civil service posts or the abolition of the state authority, inevitably leads to the appeal of actions of the employer in court.
Zanko T.A. —
Aspects of the legal regulation of public service relationships during transformations within the structure of the federal executive authorities
// Law and Politics. – 2016. – ¹ 8.
– P. 1043 - 1049.
DOI: 10.7256/2454-0706.2016.8.42979
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Abstract: This article examines the specifics of the legal regulation of public service relationships during the transformations in the structure of the federal executive authorities. In particular, it addresses the issues of admission to the public service while creating new, reorganizing and abolishing of the existing federal executive authorities. Particular attention is paid to the procedure of notification of civil servant of the impending reduction of positions, the possibility of holding an extraordinary examination, and offering available positions, especially with the use of the services of the Portal of the federal public service and administrative personnel. The study uses legal and structural methods that provide a comprehensive study of the problems of legal regulation of public-service relationships during transformations in the structure of the federal executive authorities. The analysis revealed that during financial and economic crisis, efforts are constantly made to optimize the existing apparatus of government. Moreover, the process of organizational optimization, especially if it is connected with reduction in civil service posts or the abolition of the state authority, inevitably leads to the appeal of actions of the employer in court.
Zanko T.A. —
On the issue of changing the procedure of granting vacation to federal public servants
// Administrative and municipal law. – 2016. – ¹ 7.
– P. 555 - 558.
DOI: 10.7256/2454-0595.2016.7.19637
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Abstract: The article analyzes the changes in the legislation on public service related to the procedure of grating and the terms of annual vacation in the context of adoption of the Federal Law No 176 of 2 June 2016 “On amending the articles 45 and 46 of the Federal law “On public service in the Russian Federation”. The author studies not only the prerequisites of adoption of this law, but also the process of its discussion and adoption, and the consequences of its application. The author uses historical and formal legal methods which ensure the complex study of the evolution of the legislation on public service related to the conditions of annual vacations granting. The author reveals the peculiarities of changes of legal regulation of the process of public service, particularly, the version of the article 46, part 3 of the Federal Law No 79, establishing the common length of an annual paid basic leave – 30 calendar days, instead of the former differentiated approach. The author ascertains that the changes relating to an additional leave for a non-standard work day are conditioned by the necessity to introduce a legislative restriction of its length and to avoid the possibility of establishing excessively long terms of the additional leave for a non-standard work day by means of regulatory lawmaking.
Zanko T.A. —
On the question of correlation between the concepts of “civil servant”, “person holding public office”, “official”, and “officer”
// Law and Politics. – 2016. – ¹ 7.
– P. 870 - 873.
DOI: 10.7256/2454-0706.2016.7.19676
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Abstract: This article presents the analysis and comparison of the concepts of “civil servant”, “person holding public office”, “official”, and “officer” based on the research of normative legal acts on the questions of organization and service in the public offices of the Russian Federation, criminal and administrative legislation, legal precedent, and historical documents. This work is aimed at sequential determination of the specifics of the aforementioned concepts, formation of their proper legal understanding based on practical situations and examples of organization of the system of public service. The proper legally determined usage of the concepts of “civil servant”, “person holding public office”, “official”, and “officer” will allow avoiding mistakes and confusion in public speeches, as well as in the political legal texts, especially in the analysis or commentary on the past legislation pertaining to organization and service in the public office.
Zanko T.A. —
On the question of correlation between the concepts of “civil servant”, “person holding public office”, “official”, and “officer”
// Law and Politics. – 2016. – ¹ 7.
– P. 870 - 873.
DOI: 10.7256/2454-0706.2016.7.42977
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Abstract: This article presents the analysis and comparison of the concepts of “civil servant”, “person holding public office”, “official”, and “officer” based on the research of normative legal acts on the questions of organization and service in the public offices of the Russian Federation, criminal and administrative legislation, legal precedent, and historical documents. This work is aimed at sequential determination of the specifics of the aforementioned concepts, formation of their proper legal understanding based on practical situations and examples of organization of the system of public service. The proper legally determined usage of the concepts of “civil servant”, “person holding public office”, “official”, and “officer” will allow avoiding mistakes and confusion in public speeches, as well as in the political legal texts, especially in the analysis or commentary on the past legislation pertaining to organization and service in the public office.
Zanko T.A. —
Change of the legal status of the Extraordinary and Plenipotentiary Ambassadors of the Russian Federation
// International Law and International Organizations. – 2016. – ¹ 3.
– P. 371 - 376.
DOI: 10.7256/2454-0633.2016.3.19725
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Abstract: The article covers the changes of the legal status of the Extraordinary and Plenipotentiary Ambassador of the Russian Federation's in the context of the adoption of the Federal Law of June 23, 2016 ¹ 186-FZ "On the Extraordinary and Plenipotentiary Ambassador of the Russian Federation in a foreign country, and the Permanent Representative (Representative, Permanent Observer) of the Russian Federation to the international organization (in a foreign country)". In particular, the organizational and legal preconditions for the adoption of the Federal Law, as well as the additional state guarantees provided to Ambassador Extraordinary and Plenipotentiary of the Russian Federation are analyzed.The study uses the legal, functional, comparative and historical methods, that provide a comprehensive study of the issues of changing of the legal status of the Extraordinary and Plenipotentiary Ambassador of the Russian Federation.The analysis revealed that the adoption of the Federal Law ¹ 186-FZ marked another significant milestone in the development of legal regulation of the foreign service, emphasized the special status and role of the diplomatic staff within the system of public administration, created the conditions for the development of human capacity of the Ministry of Foreign Affairs of the Russian Federation.On the Extraordinary and Plenipotentiary Ambassador of the Russian Federation
Zanko T.A. —
Approaches towards classification of the executive authorities
// Law and Politics. – 2015. – ¹ 10.
– P. 1479 - 1484.
DOI: 10.7256/2454-0706.2015.10.16428
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Abstract: This article is dedicated to the various approaches towards classifications of the executive authorities demonstrated by the relevant examples of the system of government administration of the Russian Federation. The author examines the following criteria for classification: territorial scale of activity and level of functioning, decision-making process, volume and character of competence, jurisdiction, organizational legal form, mechanism of creation, method of electing the leader. The article also analyzes the All-Russian Classifier of State Government and Administration. As the result of this research the author determines that the system of federal executive authorities interferes with the multiple types of the executive bodies of the constituents – departments, administrations, committees, agencies, services, supervision, inspections; however, each of the constituents possesses a particular approach towards understanding the authority of such bodies, which considerably complicates the mechanism of government administration.
Zanko T.A. —
Approaches towards classification of the executive authorities
// Law and Politics. – 2015. – ¹ 10.
– P. 1479 - 1484.
DOI: 10.7256/2454-0706.2015.10.42828
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Abstract: This article is dedicated to the various approaches towards classifications of the executive authorities demonstrated by the relevant examples of the system of government administration of the Russian Federation. The author examines the following criteria for classification: territorial scale of activity and level of functioning, decision-making process, volume and character of competence, jurisdiction, organizational legal form, mechanism of creation, method of electing the leader. The article also analyzes the All-Russian Classifier of State Government and Administration. As the result of this research the author determines that the system of federal executive authorities interferes with the multiple types of the executive bodies of the constituents – departments, administrations, committees, agencies, services, supervision, inspections; however, each of the constituents possesses a particular approach towards understanding the authority of such bodies, which considerably complicates the mechanism of government administration.
Zanko T.A. —
Forms of reorganization within the system and structure of the federal branches of executive authority
// Law and Politics. – 2015. – ¹ 9.
– P. 1239 - 1244.
DOI: 10.7256/2454-0706.2015.9.15938
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Abstract: The subject of this research is the organizational and legal bases of reorganization of the federal branches of executive authority. The author examines various forms of reorganization of the executive branches of government, including foundation, transformation, merger, renaming, abolition, and compares them with the forms of reorganization of corporations. Each form of reorganization is illustrated by actual examples of the changes that have recently taken place within government administration. A special role in this research is played by the President of the Russian Federation in determination of the legal foundation of the functionality of the federal branches of executive authority. Among the main conclusions are the substantiated need to pass a federal law “On Federal Branches of Executive Authority”; formulated legal and political risks of the legal regulation of the systems and structure of the federal branches of executive authority; systematized forms of reorganization of federal branches of executive authority. Another noteworthy conclusion is on the difference between the nature of transformation within corporate structures, and the branches of executive authority.
Zanko T.A. —
Topical issues of federal executive bodies functioning in the Russian Federation
// Administrative and municipal law. – 2015. – ¹ 9.
– P. 938 - 945.
DOI: 10.7256/2454-0595.2015.9.15990
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Abstract: The study considers the existing peculiarities of legal regulation of the system and structure of federal executive authorities, and interaction of the President and the Government of the Russian Federation. The article analyzes the trends of reforming of federal executive authorities, in particular, the creation of territorial ministries, reconstruction of state committees, optimization of the structure of federal bodies of executive power by means of consolidation and transmission of their functions to the state corporations. Particular emphasis in the article is made on the necessity of legislative regulation of the system and structure of federal executive authorities.The study uses the legal, structural, functional, and historical methods, which provide a comprehensive analysis of trends of the system and structure of federal executive authorities development.As the result of the study the following peculiarities of the Russian Government are formulated: the reconstruction of the Government Presidium, a unique combination of posts of a Deputy Prime Minister and a Presidential Envoy, the presence of Ministers of «dual subordination» and ministers «without portfolio» in the Government. The article also analyzes the tendency of revision of the administrative reform results by providing the executive bodies of the tripartite system with some non-core functions.
Zanko T.A. —
The Principles of Transformation of Federal Executive Bodies
// Politics and Society. – 2015. – ¹ 9.
– P. 1117 - 1121.
DOI: 10.7256/2454-0684.2015.9.16420
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Abstract: The article formulates and justifies the principles that should be applied to the transformations of the system and structure of federal executive bodies. Particular emphasis in the article is made on the need for legislative reinforcement of the system and structure of federal executive bodies and, therefore, the principles of their transformation. Thus, the principles of the transformation should become: legitimacy, federalism, centralisation and decentralisation, priority of the rights and freedoms of man and the citizen, democracy, transparency and openness, reasonableness, rationality, efficiency, resource prosperity, expediency, preservation of human capacity, legal succession, stability and integrity.
The study uses formal-legal, structural-functional and historical methods that give scientific basis for the principles of transformation of the system and structure of federal executive bodies.
The formulated principles should not just be proclaimed and formalised in legislation, they should also be applied comprehensively (due to their interconnectedness and interdependence), become a real direction for action during reforms, objectify the process of the transformation of the system and structure of federal executive bodies.
Zanko T.A. —
Forms of reorganization within the system and structure of the federal branches of executive authority
// Law and Politics. – 2015. – ¹ 9.
– P. 1239 - 1244.
DOI: 10.7256/2454-0706.2015.9.42804
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Abstract: The subject of this research is the organizational and legal bases of reorganization of the federal branches of executive authority. The author examines various forms of reorganization of the executive branches of government, including foundation, transformation, merger, renaming, abolition, and compares them with the forms of reorganization of corporations. Each form of reorganization is illustrated by actual examples of the changes that have recently taken place within government administration. A special role in this research is played by the President of the Russian Federation in determination of the legal foundation of the functionality of the federal branches of executive authority. Among the main conclusions are the substantiated need to pass a federal law “On Federal Branches of Executive Authority”; formulated legal and political risks of the legal regulation of the systems and structure of the federal branches of executive authority; systematized forms of reorganization of federal branches of executive authority. Another noteworthy conclusion is on the difference between the nature of transformation within corporate structures, and the branches of executive authority.
Zanko T.A. —
Peculiarities of federal service in trade missions of the Russian Federation
// Administrative and municipal law. – 2015. – ¹ 8.
– P. 769 - 779.
DOI: 10.7256/2454-0595.2015.8.16031
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Abstract: The study analyzes legal rules regulating federal civil service in trade missions of the Ministry of economic development of the Russian Federation. The article summarizes the stages of formation of trade missions, analyzes the modern system of foreign economic activity management, as well as the conditions and procedures of admission to the civil service in trade missions, qualification requirements for knowledge and skills, the peculiarities of service schedule, remuneration of labor and the procedure of certification and qualification examination. The study uses the historical, legal, structural and functional methods which provide a comprehensive study of aspects of federal civil service in trade missions. The analysis reveals the features of legal regulation of federal civil service in trade missions of the Ministry of economic development, in particular, special aspects of competitive selection, requirements for knowledge of foreign languages, supply in rubles and in foreign currency, procedure of vacation granting, as well as provision of additional state guarantees.
Zanko T.A. —
The Evolution of the Executive Power Bodies (the Russian State - the Russian Empire – USSR)
// Politics and Society. – 2015. – ¹ 8.
– P. 996 - 1000.
DOI: 10.7256/2454-0684.2015.8.16137
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Abstract: The article deals with the main stages of the evolution of the system and structure of executive authorities of Russia, causes and conditions of transformations, legal and regulatory framework of administrative reforms, which allows to formulate the trends of changes within the executive branch. The article covers the time period from XVI to XX century - the history of the Russian state, the Russian Empire and the Soviet Union - and traces the path of transformations of various basic types of central executive bodies: prikazes, collegia, ministries and commissariats and other executive bodies (departments, committees, etc.). The study uses legal, structural, functional and historical methods that ensure a comprehensive study of the evolution of the system of executive power. The article makes a special emphasis on the fact that each successive stage in the executive authorities evolution was aimed at finding the optimal configuration and combination of the functions of public administration within individual ministry, but each new system and structure of executive bodies, having harmony in the initial stage of the administrative reforms, dramatically increased under pressure of objective conditions of public administration, became more cumbersome, less efficient and often self-contradictory, thus creating conditions for the next stage of state reforms.