Iakovlev-Chernyshev V.A. —
The Idea of a Social State as a Basis for the Legal Regulation of the Social Sphere in the Russian Federation
// Law and Politics. – 2023. – ¹ 12.
– P. 106 - 118.
DOI: 10.7256/2454-0706.2023.12.69427
URL: https://en.e-notabene.ru/lpmag/article_69427.html
Read the article
Abstract: The object of the study in this article is the idea of a social state and the potential in it from the perspective of legal regulation of the social sphere in Russia. The aim of the study is to identify the directions of implementation of the idea of a social State in the framework of the social policy of Russia and to develop theoretical and practical recommendations. To achieve the goal, the article studies: the essence of the idea of a social state, including the relationship between the concepts of «social state» and «constitutional state »; stages of formation and development of the social state; social rights and freedoms of the person and the citizen as a component of the system of constitutional values; evaluation concepts « decent life», « free human development ». The methodology of the study is based on a system, complex and specific historical approaches, includes a set of general scientific and private scientific methods of research, including analysis, synthesis, logical, system-structural, formal-legal, historical-legal, etc. The following main results were obtained: the main approaches to the interpretation of the concept of «social state» were systematized, which allowed to clarify its essence and reveal the relationship with the concept of «constitutional state»; the stages of formation and development of the social state in relation to the peculiarities of fixing this concept in the legislation have been analyzed; the approaches to determine the place of social rights and freedoms of man and citizen in the hierarchy of constitutional values were systematized; formal criteria for the definition of the concept of «decent life» and the author’s interpretation of the concept of «free human development» have been proposed. The findings and results obtained can be used in further legal studies, as well as in public authorities.
Uvarov A.A., Iakovlev-Chernyshev V.A. —
On the control and supervisory functions of the Ministry of Justice of the Russian Federation
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 4.
– P. 120 - 134.
DOI: 10.7256/2306-9945.2023.4.68777
URL: https://en.e-notabene.ru/al/article_68777.html
Read the article
Abstract: The subject of the study is the functions of the Ministry of Justice of Russia, special attention is paid to the control and supervisory function. The purpose of the study is to identify defects in regulatory legal acts that fix the list and content of the functions of the Ministry of Justice of the Russian Federation, as well as to find ways to correct them.
The research methodology is based on systematic and complex approaches, includes a set of general scientific and private scientific research methods, including methods of analysis, synthesis, induction, deduction, system-structural, logical, formal legal, etc.
The authors analyzed a set of legal acts regulating the organizational and legal aspects of the implementation of the functions of the Ministry of Justice of Russia. According to the results of the study, the following main results were obtained: the imperfections of the Regulations on the Ministry of Justice of the Russian Federation were revealed, including the confusion of the concepts of "functions", "powers", "area of jurisdiction", going beyond the functions of the Ministry of Justice of Russia to the level of discretion of the federal legislator, as well as insufficient specification of the powers of the Ministry of Justice of Russia in areas of the legal organization of local self-government; the author's classification is proposed, which allows improving the situation on the basis of systematization and clarification of the content of the functions performed by the Ministry of Justice of the Russian Federation; the peculiarities of the implementation of the control and supervisory function of the Ministry of Justice of the Russian Federation in relation to various subjects of law subject to verification are revealed; it is substantiated that the Ministry of Justice of the Russian Federation, together with the Federal Notary Chamber, should eliminate contradictions between the Code of Professional Ethics of notaries and the Labor Code of the Russian Federation. The conclusions and results obtained can be used in the activities of the Ministry of Justice of the Russian Federation, when conducting further legal research in the field of public law.
Iakovlev-Chernyshev V.A. —
Digitalization of state administration in the Russian Federation: advantages and risks
// NB: Administrative Law and Administration Practice. – 2021. – ¹ 2.
– P. 42 - 51.
DOI: 10.7256/2306-9945.2021.2.36011
URL: https://en.e-notabene.ru/al/article_36011.html
Read the article
Abstract: The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.