Akunchenko E.A. —
Main theoretical approaches towards comprehension of the essence of abuse of administrative resources in the electoral process
// Legal Studies. – 2021. – ¹ 11.
– P. 94 - 107.
DOI: 10.25136/2409-7136.2021.11.34326
URL: https://en.e-notabene.ru/lr/article_34326.html
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Abstract: The object of this research is the abuse of administrative resource as one of the manifestations of corruption crime in the electoral process. Being a multidimensional negative phenomenon, the abuse of administrative resource does not have legal or generally accepted doctrinal definition, which impedes the development of the effective system of legal restrictions aimed at protection of electoral relations from such type of corruption. The subject of this research is the scientific works of the experts in sociology, political science, economics, and law that disclose the essential characteristics of the phenomenon in question. The goal lies in the formation of holistic representation on the abuse of administrative resource in the electoral process. The author examines and summarizes the approaches towards the concept of administrative resource proposed in different social sciences; determines the key legal elements of abuse of administrative resources in the electoral process, which reveal its corruption essence; formulates definition of this negative phenomenon. Scientific novelty lies in distinguishing the three independent approaches towards comprehension of administrative resource in the electoral process: socio-political, political-economic, and formal-legal. The absence of apparent contradictions, as well as complementarity of these approaches, allows forming holistic perspective on the administrative resource. Focusing attention on the formal-legal approach, the author concludes that the leading features of abuse of administrative resource in the electoral process in the special subject composition, method of wrongdoing, as well as corruption goal pursued by the actor of electoral process. The original definition of abuse of administrative resource in the electoral process is offered.
Ron'zhina O.V., Akunchenko E.A., Gutnik S.I., Volkova M.A., Korkhov A.V. —
Thematic Rubricator of Municipal Legal Acts as the Guarantee of the Regulatory Activity Information Availability
// Administrative and municipal law. – 2019. – ¹ 1.
– P. 17 - 25.
DOI: 10.7256/2454-0595.2019.1.28756
URL: https://en.e-notabene.ru/ammag/article_28756.html
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Abstract: The subject of the research is the works of Russian experts in municipal law, Russian laws and regulations governing the procedure for disseminating information on the rule-making activities of local governments in electronic form as well as the practice of state authorities and local authorities on ensuring access of citizens and other interested parties to the system of municipal legal acts of the respective municipality. The authors pay special attention to the consideration of criteria for the classification of municipal legal acts in order to create an applied rubricator for their convenient storage and efficient search. The methodological basis of the study includes universal methods of dialectical materialism as well as system-structural, formal-logical, comparative-legal and other methods. Based on the results of the study, the authors came to the conclusion that at the legislative level it is necessary to establish requirements for the form and structure of representation on the official websites of local governments of municipal legal acts in terms of ensuring the search for an act according to various criteria. One of the promising areas of ensuring the accessibility of the entire system of municipal legal acts is the development of a thematic heading of municipal legal acts adapted for the needs of municipal lawmaking and law enforcement practice including the “powers of local governments established by law”.
Akunchenko E.A. —
Corruption and elements of corruption in the electoral process
// Law and Politics. – 2018. – ¹ 8.
– P. 28 - 42.
DOI: 10.7256/2454-0706.2018.8.27220
URL: https://en.e-notabene.ru/lpmag/article_27220.html
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Abstract: The subject of this research is the generally recognized principles and norms of international law in the area of fight against corruption, positions of the current Russian anti-corruption and electoral legislation, norms of the Special Part of the Criminal Code of the Russian Federation, and the works of Russian experts in history, sociology, political science and law. Within the framework of this article, the author analyzes the concept and elements of corruption, as well as the key attributes of the indicated phenomena applicable to the sphere of electoral relations. Examination of the generic characteristics of corruption and their types in the area of electoral relations allowed determining the groups of corruption offences in the electoral process, describe the functional links between these groups, consider systemic-structural elements, as well as formulate the working definition of corruption in the electoral process.