Goncharov V.V., Nagaitsev V.V., Petrenko E.G. —
The role of trade unions in Russia in ensuring the implementation of the constitutional principle of democracy
// National Security. – 2024. – ¹ 3.
– P. 62 - 80.
DOI: 10.7256/2454-0668.2024.3.69087
URL: https://en.e-notabene.ru/nbmag/article_69087.html
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Abstract: This article is devoted to the analysis of the role of trade unions in ensuring the implementation of the constitutional principle of democracy in the Russian Federation. The author substantiates the position that the implementation of this constitutional principle is impossible without a system of legal guarantees, among which the most important place is occupied by civil society institutions. The key and most developed institution of civil society in modern Russia are trade unions, which are voluntary public associations of citizens to protect their labor and social rights, which form the basis of the system of human and civil rights and freedoms in the Russian Federation. The article examines the main problems associated with the participation of trade unions in the implementation of forms of direct and indirect democracy in the country, and also developed and substantiated a system of proposals and recommendations to enhance the role of trade unions in ensuring the implementation of the constitutional principle of democracy in Russia. The work uses a number of methods of scientific research, in particular: analysis; synthesis; formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analysis of specific legal situations. The most important place in this system is given to proposals to improve the Constitution of the Russian Federation and the current legislation in terms of increasing the role and place of trade unions in the mechanism of implementation of direct and indirect forms of democracy in Russia.The object of this study is public relations related to the implementation of the constitutional principle of democracy in Russia, as well as the participation of trade unions in this process. The subject of the study is a set of legal norms regulating the mechanism for ensuring the implementation of the constitutional principle of democracy, as well as scientific views on the place of trade unions in the organization and functioning of this mechanism. The purpose of this study is to identify and substantiate the role of trade unions in the Russian Federation in the mechanism of ensuring the implementation of democracy as the most important constitutional principle.
Petrenko E.G., Goncharov V.V., Nagaitsev V.V. —
Public control in the Republic of Belarus: problems and prospects for the development of legislation (public law analysis)
// National Security. – 2024. – ¹ 2.
– P. 63 - 77.
DOI: 10.7256/2454-0668.2024.2.69089
URL: https://en.e-notabene.ru/nbmag/article_69089.html
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Abstract: This article is devoted to the analysis of problems and prospects of development of legislation on public control in the Republic of Belarus. The object of the study is public relations related to the organization and functioning of the institute of public control in the Republic of Belarus, and the subject of the study is normative legal acts on the legal regulation of this institution of civil society in the country, as well as scientific legal doctrine in the field of organization and functioning of the institute of public control. The paper substantiates the importance of the institution of public control in the country as the most important legal guarantee for the implementation and protection of the constitutional principles of democracy and participation of citizens of the Republic of Belarus in the management of state affairs. It seems that the organization and functioning of this institution of civil society in this country are associated with numerous problems, the most important of which are, in particular: the imperfection of legislation on public control; the absence of mandatory subjects of public control who would organize and conduct public control activities on a regular basis; the lack of real powers of public control to influence to the objects of public control in order to bring their activities, acts and decisions in accordance with the Constitution of the Republic of Belarus, as well as the current legislation. The authors use a number of methods of scientific research, in particular: analysis; synthesis; formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analysis of specific legal situations. The article formalizes and substantiates a system of measures and proposals to resolve the above-mentioned problems in order to optimize the processes of organization and activity of this institution of civil society, both through amendments and additions to the Constitution of the Republic of Belarus and the current legislation, and through the development and adoption of new laws on: organization and functioning of the system of public control in the Republic of Belarus; creation of the Public Chamber of the Republic of Belarus, regional public chambers, district and city public chambers (councils).
Nagaitsev V.V., Goncharov V.V., Petrenko E.G. —
Activities in the field of trade and consumer services as a promising object of public control in Russia: modern problems and ways of improvement (public law analysis)
// Finance and Management. – 2024. – ¹ 1.
– P. 113 - 129.
DOI: 10.25136/2409-7802.2024.1.69838
URL: https://en.e-notabene.ru/flc/article_69838.html
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Abstract: The article is devoted to the public law analysis of activities in the field of trade and consumer services as a promising object of public control in Russia. The authors explore the role and place of the public control in the system of legal guarantees for the implementation and protection of both the constitutional principles of democracy and the participation of citizens in the management of affairs, the entire system of human and civil rights and freedoms, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations. The organization and implementation of public control are associated with numerous problems, one of which is the determination of the optimal list of objects of public control. The purpose of the study is to formalize and analyze the main problems associated with the organization and implementation of public control over activities in the field of trade and consumer services, as well as the development and justification of a system of measures to resolve these problems. A number of scientific research methods are used in the work, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. Among the above-mentioned problems, in particular, the following are investigated: the lack of formalization of this institution of civil society in the Constitution of Russia; unjustified, in the opinion of the authors, the removal from the subject of legislation on public control of activities, acts and decisions of a significant part of legal entities affecting the rights and freedoms of citizens; the lack of real powers for the subjects of public control to control activities in the field of trade and consumer services; insufficient use of positive foreign and Soviet experience in this field in the development of the institute of public control; weak financing of the activities of subjects of public control from budgets of all levels; their lack of practice in applying modern technologies in the field of control over new forms of trade and consumer services (for example, electronic trade in goods, works, services, cryptocurrency turnover, cross-border trade).
Goncharov V.V., Nagaitsev V.V., Petrenko E.G. —
The Public Control in Russia as a tool for the centralization of the public administration system during the special military operation
// National Security. – 2024. – ¹ 1.
– P. 60 - 72.
DOI: 10.7256/2454-0668.2024.1.69840
URL: https://en.e-notabene.ru/nbmag/article_69840.html
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Abstract: This article is devoted to the legal analysis of the public control in the Russian Federation as a tool for centralizing the public administration system during a special military operation. The authors note that the public administration system in Russia during the period of a special military operation, on the one hand, is experiencing a systemic negative external impact from hostile foreign states and their coalitions, and on the other hand, is being tested for strength due to extreme pressures on both the country's economy (including the military-industrial complex) and and the Russian society. In this regard, it is of particular interest to analyze the main directions of using the institute of public control as a tool for centralizing the public administration system in the Russian Federation. A number of scientific research methods are used in the research, including: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The paper examines the main problems hindering the organization and functioning of subjects of public control as an effective tool for influencing the public administration system in Russia in order to optimize it in the context of a special military operation: the lack of consolidation of this institution in the Basic Law of the country; the exclusion of a number of objects from the subject of Federal Law No. 212-FZ dated 07/21/2014 "On the basics of public control in the Russian Federation"; lack of real powers for subjects of public control; lack of elaboration in scientific legal doctrine and legislation of special forms, methods and types of public control measures in military and emergency situations; lack of elaboration of increased measures of legal responsibility for actions that impede the legitimate activities of subjects of public control; lack of specific types of subjects public control with experience in working under conditions of a special military operation; insufficient use of positive foreign and Soviet experience of public control over the apparatus of public power. The authors have developed and substantiated a system of measures to resolve these problems.