Maksimov A.A., Goncharov V.V., Malinovskii O.N., Petrenko E.G. —
Is public control possible outside the territorial borders of the state: towards the formulation of the problem
// International Law. – 2025. – ¹ 3.
– P. 1 - 12.
DOI: 10.25136/2644-5514.2025.3.71892
URL: https://en.e-notabene.ru/wl/article_71892.html
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Abstract: This article is devoted to the analysis of the issues of the possibility and necessity of organizing and implementing public control outside the territorial borders of the state. The authors note that the public control is the most important legal guarantee for the implementation and protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens of the Russian Federation, as well as numerous non-governmental non-profit organizations. In this regard, the issues of determining the spatial boundaries of the functioning of this institution of civil society are of particular interest. In the context of international law, the territory of the planet is conventionally represented by the state territory of the countries of the world, territories with a mixed regime, as well as territories with an international regime (the Antarctic continent occupies a special place in this group of territories). The authors analyze the possibilities and limits of the functioning of public control within each group of these territories. The article uses a number of methods of scientific cognition, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper analyzes modern problems that impede the optimal functioning of the institute of public control outside the territorial borders of the state (on the example of Russia), the most important of which are: the lack of consolidation in the legislation on public control of the concept and content of the territorial limits of the functioning of this institution of civil society; the absence in international legislation of direct consolidation of the institute of control of civil society of the peoples of the United Nations international governmental and non–governmental organizations; weak development of the institute of international associations and unions of subjects of public control (subjects of civil society); ignoring by a number of countries (including the United States) the need to sign and (or) ratify the most important UN conventions affecting territories with a mixed and international regime (for example, the UN Convention on the Law of the Sea dated 11/16/1994); weak development in the scientific doctrine of international law of forms, methods, principles, grounds and limits of the functioning of public control (control of civil society) outside the territorial borders of the state. The authors have developed and justified a system of measures to resolve these problems.
Maksimov A.A., SCHegolev I.B., Savchenko M.S. —
Public control in Antarctica: towards a problem statement
// International Law. – 2024. – ¹ 4.
– P. 13 - 29.
DOI: 10.25136/2644-5514.2024.4.71877
URL: https://en.e-notabene.ru/wl/article_71877.html
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Abstract: This article is devoted to the analysis of modern problems related to the possibility and necessity of organizing and implementing public control in Antarctica. The territory of Antarctica currently does not belong to any of the states of the planet, however, a number of countries, represented by their representatives (including military personnel), carry out their activities on the territory of this continent, which creates or may pose a threat to the environmental security of this region of the world. The norms of international law have consolidated the institution of observers, who are sent by States that are parties to the Antarctic Treaty of 06/23/1961. However, the civil society of the countries participating in this Treaty, other international and interstate agreements on Antarctica, for example, the Commission for the Conservation of Antarctic Marine Living Resources, as well as the Convention on the Conservation of Antarctic Marine Living Resources, in fact, is excluded from monitoring the activities, acts and decisions of both these international organizations and public authorities national States authorized to explore Antarctica and participate in international relations in this area. In the course of scientific research, a number of scientific methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. In this regard, the authors of the article analyzed international legislation on Antarctica, the mechanism of its development, conservation of natural resources, demilitarization, etc. The paper substantiates the need for the organization and control of civil society over the activities, acts and decisions of international governmental organizations, as well as public authorities of national states authorized to develop Antarctica and participate in international relations in this field. The authors formalized and analyzed the main problems that hinder the implementation of this control in this area. The article develops and substantiates a system of measures to resolve these problems, including by making appropriate changes and additions to the norms of international law, as well as national legislation on 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.