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.
Malinovskii O.N., Goncharov V.V., Petrenko E.G. —
Public control over migrant workers in Russia: to the problem statement
// National Security. – 2024. – ¹ 4.
– P. 61 - 72.
DOI: 10.7256/2454-0668.2024.4.71591
URL: https://en.e-notabene.ru/nbmag/article_71591.html
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Abstract: This article is devoted to the analysis of modern problems of the organization and implementation of public control over migrant workers in the Russian Federation. The authors argue that public control is the leading institution of civil society, which is the most important legal guarantee for the implementationand protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens and non-governmental non-profit organizations. The paper substantiates the position that public control measures should be carried out in relation to: authorized public authorities in the field of migration relations; enterprises, institutions and organizations that invite, import and use foreign citizens as labor, as well as stateless persons who previously lived abroad; labor migrants themselves; formal (registered in The Ministry of Justice of the Russian Federation), and informal public associations of migrant workers. In the course of writing this scientific article, a number of general and private scientific research methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The article develops and substantiates a system of measures to optimize the processes of organizing and implementing public control over the above-mentioned objects related to labor migration, including by: formalizing public control in the Constitution as well as in legislation on public control; determining the list of subjects of public control authorized to organize and conduct public control in relation to the above-mentioned public relations; obliging any subjects employing foreigners and stateless persons to create trade union organizations; conducting scientific and practical research in the above-mentioned sphere of public control; incorporation into the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation of measures of responsibility for countering the legitimate activities of representatives of subjects of public control in the field of labor migration; strengthening the organizational, legal and logistical base of subjects of public control in this area.
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.
Goncharov V.V., Malinovskii O.N., Petrenko E.G. —
The boundaries of public financial control in the Russian Federation: towards the formulation of the problem
// Taxes and Taxation. – 2024. – ¹ 4.
– P. 50 - 63.
DOI: 10.7256/2454-065X.2024.4.71201
URL: https://en.e-notabene.ru/ttmag/article_71201.html
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Abstract: The article is devoted to the analysis of the problems of defining the boundaries of public financial control in the Russian Federation. The relevance of the work is due to the need to resolve the research problem of determining the optimal limits for the implementation of public control in relation to such an important branch of public administration as the financial activities of public authorities, local governments, as well as other objects of public control endowed by legislation with the right to exercise certain public powers. The authors investigate the risks associated with insufficient and superficial implementation of public control in this area, as well as with the excessive influence of subjects of public control on the activities of the above-mentioned objects. The main problems preventing the definition of the boundaries of public financial control are formalized and analyzed: the disregard of this institution by the Constitution of the country; the lack of its detail in financial legislation; the lack of consolidation of the system of public control, as well as the concept of "financial public control" in the legislation on public control; the lack of development of the concept and limits of the boundaries of public financial control in scientific legal doctrine weak use of foreign experience and modern digital technologies in this field. The article uses a number of scientific research methods: formal-logical; comparative-legal; historical-legal; statistical; sociological; financial analysis; method of analyzing specific legal situations. In this work, ways to solve the above-mentioned problems related to the definition of the boundaries of public financial control are developed and justified, including by: incorporating the institute of public control into the Constitution of the Russian Federation, and the concepts of "public control system", "public financial control" into current legislation with the definition of the boundaries of its implementation; implementation of a system of measures to to stimulate these scientific and theoretical developments in the domestic scientific legal doctrine of public control, dedicated to defining the boundaries of public financial control; the adoption by the Government of the Russian Federation with the assistance of the Public Chamber of the Russian Federation of a number of federal programs dedicated to the development of the institute of public financial control (taking into account positive foreign experience, as well as modern digital technologies and artificial intelligence technologies).
Malinovskii O.N., Goncharov V.V., Petrenko E.G. —
Public control in the sphere of creation and turnover of cryptocurrencies in Russia (public law analysis)
// National Security. – 2024. – ¹ 4.
– P. 85 - 97.
DOI: 10.7256/2454-0668.2024.4.71151
URL: https://en.e-notabene.ru/nbmag/article_71151.html
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Abstract: The article is devoted to the legal analysis of the organization and implementation of public control in the field of creation and turnover of cryptocurrencies in the Russian Federation. The paper substantiates the role and importance of the public control in the system of legal guarantees for the implementation and protection of both the system of constitutional principles and the entire system of human and civil rights and freedoms in Russia. The article examines the impact of the processes of creation and turnover of cryptocurrencies in the Russian Federation by 2024 on the development of the country's economy. The necessity of including control related to the creation and turnover of cryptocurrencies in the list of objects of public control is justified, since a significant part of the economically active population of Russia participates in these relations, and the turnover of the cryptocurrency market is comparable to the turnover of some sectors of the country's economy. In the course of the conducted scientific research, a number of methods were used: formal-logical; comparative-legal; historical-legal; statistical; sociological. The research materials were the doctrinal sources of T. A. Batrova, A.V. Gabov, Yu. V. Truntsevsky, etc., devoted to the organization and activities of subjects of public control in the Russian Federation, as well as the legal regulation of the issue and turnover of cryptocurrencies in Russia and in the world, the results of sociological research on the practice of functioning of these subjects, as well as statistical data on their organization and activities. The paper formalizes and examines the main problems associated with the organization and implementation of public control over public relations in the field of creation and turnover of cryptocurrencies in the Russian Federation. The authors have developed and justified a system of measures to resolve these problems, including by optimizing legislation in this area.
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. —
Is public control possible in relation to international governmental organizations: towards the formulation of the problem
// International Law. – 2024. – ¹ 3.
– P. 25 - 38.
DOI: 10.25136/2644-5514.2024.3.71770
URL: https://en.e-notabene.ru/wl/article_71770.html
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Abstract: This article is devoted to the formalization and analysis of the problem associated with the possibility of public control over international governmental organizations. Unlike the public authorities of national States, the constitutions and legislation of most of which provide for the possibility of organizing and exercising public control over their activities, acts and decisions, international governmental organizations created by representatives of public authorities of national States are, in fact, removed from the subject of control of the peoples of the world. This circumstance creates favorable conditions for irresponsibility in the behavior of officials of these international governmental organizations, which leads to violation of the rights, freedoms and legitimate interests of individuals and legal entities provided for by both national legislation and international law. 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 paper examines the main problems that hinder the organization and implementation by the peoples of the world of public control measures in relation to international government organizations, as well as their territorial representations in individual states. The authors have developed and substantiated a system of measures to resolve these problems, including by: enshrining in the UN Charter and constituent documents of international governmental organizations the right of peoples to organize and exercise public control over international governmental organizations, as well as their territorial representations in individual states (with details of principles, forms, methods, principles and mechanism measures of the specified control, types of its subjects authorized to carry out these public control measures); creation of interstate and international associations and unions of public control, which should be empowered to carry out the above-mentioned measures; consolidation in international and national legislation of a system of measures of legal responsibility for countering the specified subjects of public control in the organization and conduct of the above-mentioned public control measures organization of scientific and practical research on the problems of this type of public control; development of a system of measures to verify the effectiveness and efficiency of the work of the above-mentioned subjects of public control.
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.
Malinovskii O.N., Goncharov V.V., Petrenko E.G. —
On the possibility of public control over on-site tax audits in the Russian Federation: towards the formulation of the problem
// Finance and Management. – 2024. – ¹ 3.
– P. 165 - 180.
DOI: 10.25136/2409-7802.2024.3.71139
URL: https://en.e-notabene.ru/flc/article_71139.html
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Abstract: The article is devoted to the analysis of the possibility of public control over on-site tax audits. The activities of the tax authorities in Russia directly affect the rights, freedoms and legitimate interests of all individuals and legal entities. The problems of organizing and implementing public control measures in relation to the specified activities of federal executive authorities are of great interest and importance, especially in terms of on-site tax audits, during which representatives of the Federal Tax Service carry out within the premises of taxpayer various actions in order to monitor compliance a taxpayer with the legislation on taxes and fees. However, public control over this type of activity of federal executive authorities is fraught with numerous problems, among which one can highlight, for example: the lack of consolidation of this institution of civil society in the Constitution of the country; the lack of detail in the process of public control in the Tax Code of the Russian Federation, including in relation to on-site tax audits; the specifics of the formation of public councils under the Federal Tax Service of Russia and its territorial divisions, in which we question the independence of their members from these authorities. In addition, these problems include: the lack of elaboration of legislation, as well as educational and scientific literature of a system of specific forms, methods, principles and types of public control measures in relation to on-site tax audits; weak use of foreign experience of civil society control in relation to tax authorities, including using modern digital technology. The article develops and substantiates a system of measures to resolve these problems, including by: incorporating this institution into the country's Constitution and tax legislation; developing and implementing specific forms, methods, principles and types of public control measures in relation to on-site tax audits based on positive foreign experience in this area and using modern technologies.
Malinovskii O.N., Goncharov V.V., Petrenko E.G. —
Public inspection as a form of public control in the Russian Federation: current problems and development prospects
// Police and Investigative Activity. – 2024. – ¹ 1.
– P. 1 - 13.
DOI: 10.25136/2409-7810.2024.1.71150
URL: https://en.e-notabene.ru/pm/article_71150.html
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Abstract: The article is devoted to the analysis of modern problems and prospects for the development of public inspections as the most important form of public control. The role and place of the institution of public control in the system of legal guarantees for the implementation and protection of the system of constitutional principles and constitutional rights, freedoms and legitimate interests of citizens are substantiated. The place of public inspections in the system of forms of public control is being investigated. The problems hindering the development of the institute of public inspections are formalized and investigated: the lack of consolidation of the institute of public control in the Constitution of Russia; insufficient detailing of the powers of subjects of public control and its powers in the exercise of public control; the lack of real powers for the effective implementation of this form of public control; the absence of legal structures in the Criminal Code and the Administrative Code of the Russian Federation providing for the responsibility of officials, as well as third parties, for actions aimed at obstructing the legitimate activities of representatives of subjects of public control; insufficient number of subjects who can initiate public inspections; lack of a uniform understanding of the procedure for organizing and conducting public inspections; insufficient level of technical and other support for the activities of subjects of public control; weak use of foreign experience in this area. A system of measures to resolve them has been developed and justified. The following scientific methods were used in the research: formal-logical; comparative-legal; historical-legal; statistical; sociological. The research basis is the doctrinal sources of V. V. Aksenova, M. G. Popova, V. V. Gryba, P. A. Kabanova, and others, devoted to the analysis of various forms of public control in the Russian Federation (primarily public inspections), as well as the legal regulation of the organization and conduct of public control events in Russia, the results of sociological research on practice the functioning of subjects of public control, as well as statistical data on their organization and activities. The purpose of the study is not only the formalization and analysis of modern problems that impede the optimal organization and conduct of public control measures in the Russian Federation in the form of public inspections, but also the development and justification of a system of measures to resolve these problems.
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.