Cheshin A.V., Goncharov V.V., Malinovskii O.N., Petrenko E.G. —
European legislation on public control: problems and prospects of development
// International Law. – 2025. – ¹ 1.
– P. 1 - 12.
DOI: 10.25136/2644-5514.2025.1.71976
URL: https://en.e-notabene.ru/wl/article_71976.html
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Abstract: This article is devoted to the analysis of modern problems of the development of European legislation on public control. The authors explore the current state and stages of development of European legislation, which forms the basis of public control in the European Union. It is noted that the term "public control" is generally unfamiliar with the legal terminology of both European legislation and the legislation of countries that are members of the European Union. The terminology uses the terms "transparency" and "participation". At the same time, transparency refers to the accessibility and openness of both the authorities of the European Union and the member states. And participation should be understood as the ability of civil society institutions to participate in decision-making of the European Union, to interact with its institutions, for example, through dialogue through civil society organizations of which they are members. The work uses a number of methods of scientific cognition, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper identifies, formalizes and investigates the main problems that hinder the development of the institution of public control in the European Union, in particular, the lack of at the level of the European Union, a single codified act of the constitutional level; the lack of consolidation in European legislation of a direct indication of the right of institutions (subjects) of civil society to exercise control over the European bureaucracy and public authorities of national states members of the European Union, as well as other entities exercising certain public powers on the territory of the European Union (for example, European non-governmental organizations); the lack of the legal doctrine of civil society and its control of comprehensive studies devoted to the analysis of forms, methods, principles, types and forms of activities of the above-mentioned control of civil society; in civil society entities a set of real powers to control the European bureaucracy; consolidation in European legislation of a system of measures of criminal liability of officials of the European bureaucracy for ignoring the requirements of civil society institutions or obstructing their legitimate activities; specialized subjects of the above-mentioned control of civil society.
Goncharov V.V., Blinnikova A.V., Malinovskii O.N., Cheshin A.V., Petrenko E.G. —
International non-governmental organizations in the field of civil society development: current state and development prospects
// International Law and International Organizations. – 2025. – ¹ 1.
– P. 1 - 14.
DOI: 10.7256/2454-0633.2025.1.72373
URL: https://en.e-notabene.ru/mpmag/article_72373.html
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Abstract: This article is devoted to the analysis of the current state and prospects of development of international non-governmental organizations in the field of civil society development. The existence of any modern democratic state is impossible without the presence of a developed civil society, which, on the one hand, acts as the foundation and support for the apparatus of public power, thereby ensuring its stability, and on the other hand, is a legal guarantee for the implementation of both the system of legal principles enshrined in national and international law and the entire system of rights, freedoms and legitimate interests of individuals and legal entities. The institute of international non-governmental organizations in the field of civil society development plays an important role for the development of civil society in nation States, which, on the one hand, generalize at the international level the experience of civil society development in nation States, and on the other hand, contribute to scaling up the successful experience of this development everywhere. In this scientific work, a number of research methods were used, in particular: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors identified and analyzed the main problems that hinder the organization and activities of international non-governmental organizations in the field of civil society development, among which the following can be distinguished: a) the dependence of most international non-governmental organizations on national governments or on transnational corporations; b) the politicization of the activities of a significant part of them; c) a huge number of them (more than 75,000 for 2024), which complicates, on the one hand, the processes of regulating their activities, and on the other hand, complicates the mechanism of their organizational, technical, legal and financial support from the international community; d) the presence in a number of countries of regulatory restrictions on the activities of their branches and representative offices; e) the lack of proper public control over their activities, acts and decisions at the national and international levels. The work has developed and justified a system of measures to resolve these problems.
Cheshin A.V., Goncharov V.V., Malinovskii O.N., Petrenko E.G. —
Is public control of extraterritorial objects possible (using the example of the use of the waters of the World Ocean): to the problem statement
// International Law. – 2024. – ¹ 4.
– P. 1 - 12.
DOI: 10.25136/2644-5514.2024.4.72076
URL: https://en.e-notabene.ru/wl/article_72076.html
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Abstract: This article is devoted to the analysis of the possibility of organizing and implementing public control of extraterritorial objects (using the example of the use of the waters of the World Ocean). The authors substantiate the need to extend the institution of public control to extraterritorial objects (in particular, to such an object as the use of the waters of the World Ocean), arguing that: the waters of the World Ocean occupy most of the Earth's surface; they account for the vast majority of the volume of water on the planet; the bioresources of the waters of the World Ocean occupy the first place in terms of the mass of biological matter in recent decades, pollution of the waters of the World's oceans has become catastrophic, which threatens the processes of conservation and reproduction of biological resources; biological resources of the waters of the World's oceans are the object of international protection and belong to all mankind; minerals of the seabed, continental shelf exceed in volume the minerals located on the land of our planet. A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. However, the organization and implementation of public control over extraterritorial objects (using the example of the use of the waters of the World Ocean) are fraught with numerous problems: international legislation does not directly enshrine the institution of control of the civil society of the peoples of the United Nations in relation to extraterritorial objects; the waters of the World Ocean, depending on their geographical location, have different international and national legal status and the mode of use, which makes it difficult to determine the subjects of the above-mentioned control; international legislation does not detail the status of subjects of international control of civil society of the peoples of the United Nations (in particular, international unions and associations of subjects of public control and other subjects of civil society); the scientific doctrine of international law in this area is poorly developed; the above-mentioned subjects are generally not endowed with a set of real powers; they have weak organizational and technical capabilities. The work has developed and justified a system of measures to resolve these problems.
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.
Blinnikova A.V., Goncharov V.V., Malinovskii O.N., Cheshin A.V., Petrenko E.G. —
International cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union
// International Law and International Organizations. – 2024. – ¹ 4.
– P. 51 - 63.
DOI: 10.7256/2454-0633.2024.4.72347
URL: https://en.e-notabene.ru/mpmag/article_72347.html
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Abstract: This article is devoted to the analysis of the current state and problems of the development of the institute of international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union. The authors note that the Institute of public control, which in the countries of the European Union is referred to in the context of the terms "transparency" and "participation", is the most important institution of civil society in these states, which has a long history. Due to the fact that the European states have been increasingly converging in their interaction and cooperation over the past decades (which was reflected in the creation and development of the European Union as an international intergovernmental organization), similar processes of international and interstate cooperation are taking place in the processes of interaction between subjects of public control (subjects of civil society of the national states of Europe). This cooperation is carried out both within the framework of the European Union (through the creation of European unions and associations of various types of subjects of public control), and through cooperation of these European unions and associations with other international associations and unions of subjects of public control (subjects of civil society). A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The authors identified and analyzed the main problems hindering international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union, among which the following can be distinguished: the absence of a single normative legal act in the European Union, which would consolidate the legal status and foundations of this international cooperation; weak powers as subjects of public control (subjects of civil society) in the EU countries and their European unions and associations (as well as international associations and unions in this field); weak development of the institute of international associations and unions of subjects of public control (subjects of civil society) in the world as a whole; insufficient use of modern digital technologies by these subjects both in their activities and in the processes of cooperation; the lack of unification of national legislation in this area both in the countries of the European Union and in the world as a whole. A system of measures to resolve these problems has been developed and justified.
Malinovskii O.N., Goncharov V.V., Petrenko E.G., Cheshin A.V. —
Financing of subjects of public control in Russia: problems and prospects
// Finance and Management. – 2024. – ¹ 3.
– P. 151 - 164.
DOI: 10.25136/2409-7802.2024.3.71589
URL: https://en.e-notabene.ru/flc/article_71589.html
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Abstract: This article is devoted to the analysis of modern problems and prospects of the organization and implementation of financing of subjects of public control in the Russian Federation. The paper substantiates the importance of subjects of public control in the system of civil society institutions in Russia. The authors of the article argue that the effective organization and functioning of any institution of civil society in the Russian Federation largely depends on the level of its financing. The authors note that the amount of funding for subjects of public control in Russia is not sufficient, which affects both the effectiveness of their work as a whole and the extent to which public control measures cover a potential range of its objects, which, in turn, undermines the overall authority of this institution of civil society. In the course of writing this scientific article, a number of general and particular scientific research methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper identifies problems that impede the optimal organization and implementation of financing processes for various subjects of public control in the Russian Federation, for example: the subsidized nature of most regional and municipal budgets; insufficient subsidies from the federal budget for the development of the system of subjects of public control; the lack of development of the institute of public-private partnership in the field of financing the organization and activities of subjects of public control; the lack of elaboration of a system of criteria for evaluating the economic efficiency and effectiveness of the processes of organization and activities of subjects of public control; the lack of consolidation in the legislation on public control of a clear system of sources of financing for this type of activity, as well as the grounds, limits, conditions and types of financing of this activity at the expense of individuals and legal entities.
Potapenko S.V., Goncharov V.V., Malinovskii O.N., Petrenko E.G., Cheshin A.V. —
On the prospects of using foreign experience in training personnel for civil society entities in Russia
// Police and Investigative Activity. – 2024. – ¹ 1.
– P. 14 - 30.
DOI: 10.25136/2409-7810.2024.1.71593
URL: https://en.e-notabene.ru/pm/article_71593.html
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Abstract: This article is devoted to the analysis of modern problems and prospects of using the experience of training workers abroad for various subjects of civil society in the Russian Federation. It is argued that the institute of public control acts as a key legal guarantee for the implementation, protection and protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of individuals and legal entities in the country. The authors substantiate the position that the basis of the organization and activity of any subject of public control in Russia is its human resources potential. The article identifies several categories of individuals who both take part in the preparation and conduct of public control measures and generally ensure the activities of the above-mentioned subjects of public control. In the course of writing this scientific article, a number of general and particular scientific research methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. In the work, special attention is paid to the analysis of the positive experience of training and retraining abroad of representatives of subjects of public control. The authors substantiate why the positive foreign experience of training and retraining of personnel for civil society entities (including in the field of organizing and exercising civil society control over the apparatus of public authority and other objects exercising certain public powers) is important for analysis, adaptation and use in the process of improving the institute of public control in the Russian Federation. The article develops and substantiates a system of measures to optimize the processes of training and advanced training of both members of subjects of public control in Russia and employees of state and municipal institutions that ensure their functioning.
Goncharov V.V., Petrenko E.G., Cheshin A.V. —
Regional operators and holders of special accounts as objects of public control in Russia
// Administrative and municipal law. – 2023. – ¹ 5.
– P. 1 - 13.
DOI: 10.7256/2454-0595.2023.5.43409
URL: https://en.e-notabene.ru/ammag/article_43409.html
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Abstract: This article is devoted to the analysis of the need to organize and implement measures of public control over the activities, acts and decisions of regional operators and owners of special accounts. The paper examines the role and place of the institution of public control in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The necessity of including the activities, acts and decisions of regional operators and owners of special accounts that carry out work within the framework of the organization and functioning of capital repair funds in the Russian Federation into the objects of public control is substantiated. The article uses a number of methods of scientific research, in particular: analysis; synthesis; formal-logical; classification; comparative-legal; historical-legal; statistical; sociological, etc.
The paper formalizes and explores the main problems that hinder the organization and implementation of public control measures in relation to the activities, acts and decisions of regional operators and owners of special accounts, due to the need for further development of legislation regulating both the institution of public control and the organization, as well as the activities of capital repair funds in Russia, regional operators and owners of special accounts. In this regard, the authors have developed and substantiated a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of the Russian Federation, the Housing Code of the Russian Federation, as well as legislation on public control in the Russian Federation.