Potapenko S.V., Goncharov V.V., Petrenko E.G. —
Public control over the collection, storage and disposal of solid household waste: problems and prospects for development
// National Security. – 2024. – ¹ 4.
– P. 73 - 84.
DOI: 10.7256/2454-0668.2024.4.71567
URL: https://en.e-notabene.ru/nbmag/article_71567.html
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Abstract: This article is devoted to the analysis of modern problems and prospects for the development of public control over the collection, storage and disposal of solid household waste. The paper substantiates that activities related to the organization and implementation of the collection, storage and disposal of solid household waste can and should be subject to public control. The authors have identified and substantiated the problems hindering the organization and implementation of public control in relation to the above-mentioned type of activity, in particular: the absence of any real powers for the subjects of public environmental control to organize and conduct public environmental control in an independent mode; the undemocratic nature of the institute for verifying the knowledge of public environmental inspectors; weak organizational and technical, the material base of the activity of this type of subjects of public control. 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. The article develops and substantiates a system of proposals for solving problems that hinder the organization and implementation of public control over the collection, storage and disposal of solid household waste, in particular, by: adopting the Federal Law "On Public Environmental Control", which should enshrine the principles, goals, objectives, basic forms and methods of organization and implementation measures of public environmental control, a system of real powers of subjects of public environmental control; the creation of the All-Russian Association of Public Environmental Inspections (membership in which can be made a prerequisite for their creation and operation), which will include an Independent knowledge testing center for public environmental inspectors, which will need to be entrusted with the organization and conduct of knowledge testing of the above-mentioned public inspectors; strengthening the material, technical, organizational and legal basis of the organization and activities of this type of subjects of public control.
Potapenko S.V., Goncharov V.V., Cheshin A.V., Petrenko E.G., Maksimov A.A. —
Institute of Public-Private Partnership in Public Control in Russia
// National Security. – 2024. – ¹ 4.
– P. 1 - 15.
DOI: 10.7256/2454-0668.2024.4.71165
URL: https://en.e-notabene.ru/nbmag/article_71165.html
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Abstract: The article is devoted to the analysis of the current state and development of the institute of public-private partnership in the field of public control. The analysis of the system of legal guarantees ensuring the implementation and protection in the Russian Federation of the system of constitutional rights and freedoms of man and citizen, the rights and legitimate interests of public associations and other non-governmental non-profit organizations is carried out. The role and place of the institution of public control in the system of these legal guarantees are studied. The main problems hindering the preservation and development of this institution of civil society in Russia are formalized and investigated. It is proved that the key of these problems is the lack of certainty in the functioning of the institution of public-private partnership in the field of public control. The author's definition of the concept of public-private partnership in general, as well as its most important variety in the field of public control, has been developed and substantiated. The research methodology consists of : historical-legal; formal-logical; comparative-legal methods. The authors formalized and analyzed the main problems associated with the functioning of public-private partnerships in the field of public control, in particular, the lack of: formalization of this institution of civil society in the Constitution; consolidation of the concept and content of this institution in the legislation on public control; a unified approach in the regulatory framework and scientific legal doctrine to understanding the essence and limits of public-private partnership in this area; a systematic approach in Russia to the adaptation of foreign experience in this area. The work develops and substantiates a system of measures to resolve these problems, in particular, by: incorporating the institute of public control into the Constitution of the Russian Federation and into legislation on public control (detailing the concept, essence and limits of the implementation of this institute); making possible for the Government of Russia with the support of The Chamber of Commerce of Russia to adapt and implement the public-private partnership, taking into account foreign experience and modern digital technologies.