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.
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.
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.
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. —
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.
Nagaitsev V.V., Pustovalova E.V., Savchenko M.S., Petrenko E.G., Goncharov V.V. —
The influence of civil society institutions on the fiscal policy of the state
// Administrative and municipal law. – 2024. – ¹ 3.
– P. 1 - 18.
DOI: 10.7256/2454-0595.2024.3.70332
URL: https://en.e-notabene.ru/ammag/article_70332.html
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Abstract: This article is devoted to the analysis of the influence of civil society institutions on fiscal policy in the Russian Federation. The paper examines the structure of civil society in Russia, examines the place and role of its various institutions (primarily the institute of public control) in the system of legal guarantees for the implementation and protection of both the system of constitutional principles and the system of human and civil rights and freedoms, the rights and legitimate interests of public associations, as well as other non–governmental non-profit organizations. The article analyzes the essence and content of the fiscal policy of the state, its place and role in the state policy of the Russian Federation. The paper examines the main factors influencing the formation and development of the fiscal policy of the Russian state. This article uses a number of scientific research methods: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors analyzed various approaches to defining the concepts of civil society and fiscal policy of the state, developed and justified the author's definitions of these concepts. The paper substantiates the role of civil society in the system of factors determining the directions of development of the fiscal policy of the Russian Federation. The article analyzes the main directions of the impact of various civil society institutions on the formation and development of the fiscal policy of the Russian Federation. The paper formalizes and explores the main problems that hinder the optimization of the processes of influence of civil society institutions on the processes of formation and development of the fiscal policy of the Russian state. The authors have developed and substantiated a system of measures to resolve these problems aimed both at the development of Russian civil society as a whole and at optimizing fiscal policy in the Russian Federation.
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.
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.
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.
Goncharov V.V. —
On the Problems and Prospects of Development of the Institute of Public Councils under Federal Executive Authorities: Constitutional and Legal Analysis
// Administrative and municipal law. – 2024. – ¹ 2.
– P. 1 - 13.
DOI: 10.7256/2454-0595.2024.2.39873
URL: https://en.e-notabene.ru/ammag/article_39873.html
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Abstract: Coverage of the problem. This article is devoted to the constitutional and legal analysis of the problems and prospects for the development of the institute of public councils under federal executive authorities in the Russian Federation. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public councils under federal executive authorities in the Russian Federation and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, historical-legal. Results. The paper substantiates a system of measures to resolve these problems, which will ensure the further development of both the specified variety of subjects of public control and, in general, the institute of public control in the Russian Federation. Discussion. The issues of development and implementation of new forms and methods of functioning of public councils under federal executive authorities in the Russian Federation need further scientific understanding.
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).
Goncharov V.V. —
Representative Bodies of Local Self-Government as an Object of Public Control: Constitutional and Legal Analysis
// Administrative and municipal law. – 2024. – ¹ 1.
– P. 1 - 12.
DOI: 10.7256/2454-0595.2024.1.39878
URL: https://en.e-notabene.ru/ammag/article_39878.html
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Abstract: This article is devoted to the analysis of modern problems and prospects for the development of the institute of public control over representative bodies of local self-government in the Russian Federation. This topic is of particular relevance due to the fact that these public authorities are directly elected by the people. The subject of the analysis is the relevant provisions of the legislation of Russia devoted to the consolidation of the mechanism of organization and implementation of public control over the activities, acts and decisions of representative bodies of local self-government and the practice of their application. General and private scientific methods were used in the work, in particular, dialectical, logical, historical-legal, formal-legal, comparative-legal. The author examines the role and place of representative bodies of local self-government in the system of public authorities in the Russian Federation. The paper identifies and formalizes the main problems that hinder the organization and implementation of public control over representative bodies of local self-government in the Russian Federation, develops and justifies a system of measures for their optimal resolution. The issues of development in the scientific legal doctrine and introduction of new forms, methods, principles and types of public control measures in relation to representative bodies of local self-government in the Russian Federation need further scientific understanding.
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.
Borisova A.A., Goncharov V.V., Petrenko E.G., Poyarkov S.Y. —
Public budget control in Russia: to the problem statement
// Finance and Management. – 2024. – ¹ 1.
– P. 86 - 98.
DOI: 10.25136/2409-7802.2024.1.69598
URL: https://en.e-notabene.ru/flc/article_69598.html
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Abstract: This article is devoted to the analysis of the Institute of public budget control in the Russian Federation. The paper explores various points of view in the scientific and educational literature regarding the legal nature and essence of public budget control in Russia. The authors have developed and justified the author's definition of public budget control, which should be understood as the activities of subjects of public control for the organization and conduct of public control measures in relation to the activities, acts and decisions of subjects of budgetary legal relations caused by the processes of drafting state and municipal budgets, budgets of extra-budgetary funds, their consideration and preparation of reports on their execution (in part the legality of the formation, distribution and use of these budgetary funds). The article analyzes the common features and differences between the institutions of public financial control, public tax control and public budget control. 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. The authors analyze modern problems that hinder the optimal organization and implementation of public budget control measures in the Russian Federation, among which are: the lack of formalization of the concept of "public budget control" both in the Constitution of the country and in current legislation; the absence in the Russian scientific doctrine of public control of a unified approach to the definition of this concept, its content, objectives, tasks, specific forms, methods and types of measures; insufficient use in this area of positive foreign experience of civil society control over budgetary legal relations; weak organizational and technical base of subjects of public control; lack of real powers for these subjects to exercise public budget control. The article develops and substantiates a system of measures to resolve these problems.
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.
Goncharov V.V. —
The President of the Russian Federation as an Object of Public Control: Constitutional and Legal Analysis
// Administrative and municipal law. – 2023. – ¹ 6.
– P. 1 - 11.
DOI: 10.7256/2454-0595.2023.6.39881
URL: https://en.e-notabene.ru/ammag/article_39881.html
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Abstract: This article is devoted to the analysis of problems and prospects of the organization and implementation of public control over the President of the Russian Federation. The subject of the analysis is the relevant provisions of Russian legislation devoted to the consolidation of the mechanism of organization and implementation of public control over the activities, acts and decisions of the head of state and the practice of their application. General and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal, etc. The author formalizes and analyzes the main problems that hinder the organization and implementation of public control over the President of the Russian Federation, and also develops and justifies a system of measures to resolve them. The issues of development and implementation of new forms, methods, types of public control measures in relation to the activities, acts and decisions of the head of state need further scientific understanding are revealed by the author of the article.
Goncharov V.V., Grishchenko O.V., Petrenko E.G. —
The Federal Tax Service and its territorial divisions as objects of public control in Russia
// Taxes and Taxation. – 2023. – ¹ 6.
– P. 21 - 29.
DOI: 10.7256/2454-065X.2023.6.69325
URL: https://en.e-notabene.ru/ttmag/article_69325.html
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Abstract: The article is devoted to the analysis of the Federal Tax Service and its territorial divisions as objects of public control in the Russian Federation. The paper substantiates 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 Russian citizens in the management of state affairs. The Federal Tax Service and its territorial divisions occupy a special place in the system of objects of public control in the Russian Federation. However, the organization and implementation of public control measures in relation to the above-mentioned objects are associated with numerous problems caused by: the lack of consolidation of this institution of civil society in the Constitution of Russia, as well as legislation regulating the activities of tax authorities; weak powers of subjects of public control, insufficient use of modern information and communication technologies; lack of development of special forms, methods and types of public control measures in relation to the above-mentioned objects; weak use of Soviet and foreign experience of civil society control over the government apparatus. A number of scientific research methods are used in the work, in particular: comparative legal; historical legal; statistical; sociological; formal logical; method of analyzing specific practical situations. The authors have developed and substantiated a system of measures to resolve problems related to the organization and implementation of public control in relation to the Federal Tax Service of Russia and its territorial divisions by: incorporating the institute of public control into the Basic Law of the country, as well as legislation regulating the organization and activities of tax authorities; developing specific features of the implementation of this institution of civil society in relation to to the activities, acts and decisions of tax authorities in the scientific literature and subordinate normative legal acts on public control using positive Soviet and foreign experience in the functioning of civil society institutions; development and implementation of comprehensive Federal programs for the development of organizational, methodological and technological base of subjects of public control with simultaneous expansion of their powers.
Goncharov V.V. —
On the problems and prospects of interaction of subjects of public control with tax authorities
// Taxes and Taxation. – 2023. – ¹ 6.
– P. 51 - 59.
DOI: 10.7256/2454-065X.2023.6.69359
URL: https://en.e-notabene.ru/ttmag/article_69359.html
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Abstract: This article is devoted to the analysis of modern problems and prospects of interaction of subjects of public control with tax authorities in the Russian Federation. The paper substantiates the importance of such interaction both in order to develop the institution of public control and in terms of optimizing the work of tax authorities in Russia. The author classifies the forms of interaction of subjects of public control with tax authorities in the Russian Federation, highlighting their interaction: a) as a subject and object of public control; b) as a body of state control (supervision) and a subject of public control, sending final documents prepared based on the results of public control measures against third parties; c) as a subject of public control and a public authority called upon to respond in connection with the provision of information on a tax offense identified during the implementation of public control. A number of scientific research methods are used in the work, in particular: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The article not only analyzes modern problems related to the organization and implementation of interaction between subjects of public control and tax authorities in the country, but also develops and justifies a system of measures aimed at solving these problems in order to provide new areas of interaction and cooperation of the above-mentioned structures. The object of this study, therefore, consists of public relations related to the organization and implementation of the activities of subjects of public control in the Russian Federation, the subject of the study is represented, on the one hand, by legal norms regulating the mechanism of interaction between subjects of public control and tax authorities in Russia, materials of judicial practice, and on the other hand, scientific legal doctrinal sources in the field of public control.
Poyarkov S.Y., Goncharov V.V., Petrenko E.G., Borisova A.A. —
Public tax control in Russia: to the problem statement
// Taxes and Taxation. – 2023. – ¹ 6.
– P. 60 - 73.
DOI: 10.7256/2454-065X.2023.6.69581
URL: https://en.e-notabene.ru/ttmag/article_69581.html
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Abstract: This article is devoted to the analysis of public tax control in the Russian Federation. The paper substantiates the role and place of the institute of public control as the most important legal guarantee for the implementation and protection of not only constitutional principles (first of all, the principles of democracy and participation of Russian citizens in the management of state affairs), but also 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 authors analyze various points of view in domestic and foreign educational and scientific literature on the concept, content and limits of public tax control in Russia. The article formalizes and substantiates the authors' definition of the concept of "public tax control". 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. The organization and implementation of public tax control in the Russian Federation are associated with numerous problems: the lack of consolidation of the institution of public tax control in the country's Constitution and current legislation; insufficient elaboration in the Russian scientific legal doctrine of the concept, content, limits of public tax control, a list of specific forms, methods and types of its activities; lack of subjects of public control (including subjects of public tax control) real powers; insufficient level of development of financial, property, organizational and legal base of subjects of public control; lack of specialized subjects of public tax control; weak use of foreign positive experience in organizing and implementing tax control of civil society institutions; lack of consolidation in the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation of measures of increased legal responsibility for countering legitimate activities of representatives of subjects of public tax control. The article develops and substantiates a system of measures to resolve these problems.
Petrenko E.G., Goncharov V.V., Borisova A.A., Poyarkov S.Y. —
Public Councils under the Federal Tax Service of Russia and its territorial divisions: current problems and development prospects
// Taxes and Taxation. – 2023. – ¹ 6.
– P. 74 - 85.
DOI: 10.7256/2454-065X.2023.6.69622
URL: https://en.e-notabene.ru/ttmag/article_69622.html
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Abstract: This article is devoted to the analysis of modern problems and prospects for the development of public councils under the Federal Tax Service of Russia (hereinafter also referred to as the Federal Tax Service) and its territorial divisions. The paper substantiates the place and role of the institute of public control in the system of legal guarantees for the implementation and protection of both constitutional principles (in particular, democracy and participation of citizens of the Russian Federation) and the entire system of human and civil rights and freedoms. The most important objects of public control in Russia are the activities, acts and decisions of public authorities, including the Federal Tax Service and its territorial divisions. The authors analyze the role and importance of public councils under the Federal Tax Service and its territorial divisions in the system of subjects of public control. 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. The organization and activities of public councils under the Federal Tax Service and its territorial divisions are associated with numerous problems, including: the lack of formalization of public control in the Constitution of Russia; the failure to consolidate the institution of public control in the Tax Code of the Russian Federation; the "non-public" mechanism for the formation of these types of subjects of public control; weak powers of these subjects; not the development of special forms, methods and types of measures of public control over the activities, acts and decisions of tax authorities in the domestic scientific legal doctrine; the weak organizational and property base of the above-mentioned subjects of public control and their insufficient use of modern information and communication technologies in their work. The work has developed and justified a system of measures to resolve these problems.
Goncharov V.V. —
Legality as a principle of public control in the Russian Federation
// Administrative and municipal law. – 2023. – ¹ 5.
– P. 14 - 24.
DOI: 10.7256/2454-0595.2023.5.40460
URL: https://en.e-notabene.ru/ammag/article_40460.html
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Abstract: The Institute of Public Control in the Russian Federation acts as the most important legal guarantee for the implementation, protection and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. At the same time, the organization and implementation of this institution of civil society in Russia is based on a number of legal principles – the basic, most general principles that determine the content and main directions of legal regulation of the institution of public control in the country. The article uses a number of methods of scientific research, in particular: comparative-legal; historical-legal; formal-logical; statistical; method of studying specific legal situations, etc. This article is devoted to legality as a principle of public control in the Russian Federation. The paper analyzes the concept of the above-mentioned principle, its content is investigated. The article formalizes and examines the main problems that prevent the consolidation, implementation, protection and protection of the principle of legality in the organization and activities of subjects of public control, and also develops and justifies a system of measures to resolve them, including by making appropriate amendments and additions to the legislation of the Russian Federation. This will not only strengthen this principle of public control, but also generally ensure the development of this most important institution of civil society in Russia.
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.
Goncharov V.V. —
The Government of the Russian Federation as an Object of Public Control: Constitutional and Legal Analysis
// Administrative and municipal law. – 2023. – ¹ 4.
– P. 12 - 23.
DOI: 10.7256/2454-0595.2023.4.39869
URL: https://en.e-notabene.ru/ammag/article_39869.html
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Abstract: Coverage of the problem. The constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institution of public control. This article is devoted to the constitutional and legal analysis of the Government of the Russian Federation as an object of public control. Materials and methods of research. The subject of the analysis is the relevant provisions of the legislation of the Russian Federation on the organization and activities of public control in relation to the activities, acts and decisions of the Government of the Russian Federation and the practice of their application. In this article, general and private scientific methods are used, in particular, dialectical, formal-legal, comparative-legal, interpretation of legal norms, historical-legal and a number of other methods. Results. The paper substantiates the role and place of the Government of the Russian Federation in the system of objects of public control. The article not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. Discussion. Further scientific reflection is needed on the development and implementation of new principles, forms, techniques, methods, types of public control measures that can be applied in its implementation in relation to the activities, acts and decisions of the Government of the Russian Federation.
Goncharov V.V., Porkashyan M.A., Spektor L.A. —
Centralism and Decentralization as a Principle of Public Control in the Russian Federation
// Administrative and municipal law. – 2023. – ¹ 4.
– P. 1 - 11.
DOI: 10.7256/2454-0595.2023.4.40072
URL: https://en.e-notabene.ru/ammag/article_40072.html
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Abstract: The Institute of Public Control in the Russian Federation is one of the most important 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 legal regulation of this institution of civil society is based on a number of principles - the basic, most general principles that determine the content and main directions of regulation of this institution of civil society in the Russian Federation. This article is devoted to the analysis of centralism and decentralization as a principle of public control in the Russian Federation. The paper uses a number of principles of scientific research, in particular, historical-legal, comparative-legal, analysis, synthesis, etc. The purpose of the study is not only to formalize and substantiate the need to include in the current legislation the principle of centralism and decentralization in the organization and activities of subjects of public control, but also to identify and formalize the main problems that hinder the implementation according to the principle of this institution of civil society, a system of measures for their resolution has been developed and justified.
The achievement of this research goal involves the implementation of a number of scientific tasks, in particular: 1) analysis of the concept and content of the principles of public control in the Russian Federation; 2) study of the list of these principles enshrined in the legislation on public control, in particular, in Federal Law No. 212-FZ dated 21.07.2014 "On the basics of public control in the Russian Federation"; 3) justification of the need to supplement this list with new principles (with formalization and indication of the author's definitions of their names and content); 4) analysis of the content of the principle of centralism and decentralization in the organization and activities of subjects of public control; 5) identification of the main problems hindering the implementation of this principle; 6) development and justification of a system of measures to resolve them, including by making appropriate changes and additions to legislation of the Russian Federation.
Goncharov V.V. —
Glasnost as a Principle of Public Control in the Russian Federation: Constitutional and Legal Analysis
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 4.
– P. 146 - 158.
DOI: 10.7256/2306-9945.2023.4.69005
URL: https://en.e-notabene.ru/al/article_69005.html
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Abstract: The article is devoted to the analysis of publicity as a principle of public control. The role and place of this institution of civil society 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 is investigated. The authors analyze the basic principles of the organization and activity of subjects of public control.
The main features of the concept of the principle of publicity are formalized: a) it involves bringing information about the organization and activities of subjects of public control, as well as about public control activities carried out by them, to the citizens of the country; b) its implementation means that it is not allowed to conceal or distort any information that has become known to representatives of public control; c) it presupposes the existence of a mechanism guaranteeing the dissemination of information to the entire population; d) it is not possible without the development and implementation of a mechanism for the responsibility of any public authorities, their officials, legal entities and individuals for obstructing the processes of bringing the above-mentioned information to the population of the country; e) it presupposes the absence of self-censorship of the above-mentioned information, carried out by subjects of public control under the influence of both public authorities and other subjects of the political system of society. A number of methods of scientific research are used in the work, including: formal-logical; historical-legal; comparative-legal; statistical; sociological. The article identifies and formalizes the main problems associated with the consolidation and implementation of the principle of publicity in the organization and activities of subjects of public control: a) the lack of formalization of this institution of civil society in the Constitution of the country; b) not fixing at the level of Federal law (or by-laws) among the principles of public control of the principle of publicity; c) the absence of criminal and administrative legislation measures of legal responsibility of public authorities, their officials, as well as other objects of public control, for countering the legitimate activities of representatives of public control to disseminate information related to the organization and conduct of public control events; d) lack of a systematic approach in securing legal guarantees for the implementation and protection of public control. A system of measures to resolve these problems has been developed and justified.
Goncharov V.V. —
Federal judicial authorities in the Russian Federation as objects of public control
// Politics and Society. – 2023. – ¹ 4.
– P. 75 - 86.
DOI: 10.7256/2454-0684.2023.4.69194
URL: https://en.e-notabene.ru/psmag/article_69194.html
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Abstract: This article is devoted to the public law analysis of the federal judicial authorities as objects of public control in the Russian Federation. The author substantiates the role and place of public control for the implementation and protection of the constitutional principles of democracy and the participation of Russian citizens in the management of state affairs. It is noted that thanks to this institute of Russian civil society, citizens of the country, as well as public associations and other numerous non-governmental non-profit organizations, have the opportunity to participate in the organization and implementation of measures to monitor the activities, acts and decisions of public authorities, as well as other objects of public control. This determines the special relevance, scientific and practical significance of this topic of scientific research. This article uses a number of methods of scientific research, in particular: comparative-legal; historical-legal; formal-logical; statistical; sociological, as well as a number of others. The paper examines the place of courts in the system of federal authorities in the Russian Federation. This article formalizes and examines the main topical issues related to the organization and implementation of public control over the activities of judicial authorities in Russia. The author substantiates a system of measures to resolve these problems, including by: consolidating the institution of public control in the Constitution of the Russian Federation; developing specific forms, methods and types of public control measures carried out in relation to judicial authorities in Russia; developing and consolidating in criminal and administrative legislation measures of legal responsibility for actions aimed at countering the legitimate activities of representatives of subjects of public control; using the positive Soviet and foreign experience of the functioning of the institution of civil society control over the apparatus of public power (including the judiciary).
Goncharov V.V. —
International cooperation of subjects of public control: towards the formulation of the problem
// International Law and International Organizations. – 2023. – ¹ 4.
– P. 80 - 91.
DOI: 10.7256/2454-0633.2023.4.69430
URL: https://en.e-notabene.ru/mpmag/article_69430.html
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Abstract: This article is devoted to the analysis of the problems of international cooperation of subjects of public control. The author substantiates the role and importance of the institution of public control in the system of legal guarantees for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs. The paper notes the importance of organizing and implementing international cooperation of subjects of public control in order to achieve such goals as combining efforts and increasing efficiency in the organization and activities of subjects of public control. At the same time, the article classifies the forms of such international cooperation of subjects of public control, in particular, it highlights: their participation in international conferences, symposiums; participation in international associations and unions of subjects of public control; participation of certain types of public associations in the work of international non-governmental organizations whose activities are aimed at the development of civil society institutions. A number of scientific research methods are used in the work, in particular: comparative legal; historical legal; statistical; sociological; formal logical; method of analyzing specific practical situations. The article formalizes and analyzes the main problems preventing the optimal participation of Russian subjects of public control in international cooperation, in particular: the lack of formalization of this institution of civil society in the country's Constitution; the failure to consolidate in the legislation on public control the legal foundations governing the grounds, limits and forms of the above-mentioned cooperation; weak use of positive foreign experience of cooperation of civil society subjects whose activities are aimed at organizing and exercising control over the apparatus of public power; weak financing of Russian subjects of public control; the risk of using international cooperation of Russian subjects of public control to undermine the national security of the Russian Federation. The work has developed and justified a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of Russia and legislation.
Goncharov V.V., Petrenko E.G., Poyarkov S.Y., Borisova A.A. —
Public financial control in Russia: modern problems and ways of improvement
// Finance and Management. – 2023. – ¹ 4.
– P. 21 - 32.
DOI: 10.25136/2409-7802.2023.4.69577
URL: https://en.e-notabene.ru/flc/article_69577.html
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Abstract: This article is devoted to the analysis of the Institute of public financial control in the Russian Federation. The paper explores various points of view in the scientific and educational literature regarding the legal nature and essence of public financial control in Russia. The authors substantiate the position according to which public financial control can be both internal, carried out, in particular, by trade union organizations, and external, which is carried out by other subjects of public control, checking financial and related issues of the activities of business entities, including public authorities, state and municipal organizations, other bodies and organizations implementing on the basis of federal laws, separate public powers. The article analyzes the common features and differences between the institutions of public financial control, public tax control and public budget control. The authors use a number of scientific research methods: formal-logical; comparative-legal; historical-legal; statistical; sociological; financial analysis; method of analyzing specific legal situations. The authors analyze modern problems that hinder the optimal organization and implementation of public financial control measures in the Russian Federation, among which are: a) the failure to consolidate this institution of civil society in the country's Constitution and current legislation; b) the lack of a unified understanding of legal grounds, limits, forms, methods and types of measures in scientific legal doctrine public financial control; c) the lack of real powers for the subjects of public control to carry out the above-mentioned measures; d) the lack of specialized subjects of public control in this area of its implementation; e) the insufficiency of the material, technical and organizational and legal base of subjects of public control for the implementation of these measures; f) weak use of positive foreign experience in this area. The article develops and substantiates a system of measures to resolve these problems.
Goncharov V.V. —
Problems and Prospects of Interaction between Subjects of Public and State Control in the Russian Federation
// Administrative and municipal law. – 2023. – ¹ 3.
– P. 65 - 77.
DOI: 10.7256/2454-0595.2023.3.39872
URL: https://en.e-notabene.ru/ammag/article_39872.html
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Abstract: Coverage of the problem. This article is devoted to the analysis of problems and prospects of interaction of subjects of public and state control in the Russian Federation. The relevance of this topic is due to the fact that the effectiveness and efficiency of the institute of public control largely depends on the level of interaction of the above-mentioned subjects. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation devoted to the consolidation of the mechanism of interaction between subjects of public and state control and the practice of their application in our country. The article uses general and private scientific methods, in particular: dialectical, logical, functional, formal-legal, comparative-legal, etc. Results. The article develops and substantiates a system of measures to resolve them, including by making appropriate amendments and additions both to the legislation on public control and to regulatory legal acts regulating the organization and activities of subjects of state control. This will allow, on the one hand, to carry out further development of the institution of public control, and on the other hand, to increase the efficiency of interaction of their subjects with state control bodies. Discussion. The issues of developing and introducing new forms and methods of interaction between subjects of public and state control in Russia need further scientific understanding.
Goncharov V.V., Petrenko E.G., Borisova A.A., Tolmacheva L.V., Dmitrieva I.A. —
The System of Social Trust (Social Rating) in China: Problems and Prospects of Implementation in the Russian Federation
// Administrative and municipal law. – 2023. – ¹ 3.
– P. 78 - 91.
DOI: 10.7256/2454-0595.2023.3.39983
URL: https://en.e-notabene.ru/ammag/article_39983.html
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Abstract: This article is devoted to the analysis of problems and prospects of development of the social trust system (social rating) in the People's Republic of China. At the same time, the authors conclude that the development and implementation by the state of behavioral control systems for both individuals and legal entities is a necessity to ensure optimal management of all areas of society. However, their implementation should be carried out under the constant supervision of civil society institutions (in particular, through the functioning of the institute of public control). The author uses a number of methods of scientific research, in particular: analysis; synthesis; interpolation; extrapolation; comparative legal; historical; sociological and a number of others.
The paper examines the genesis of the social trust system (social rating) in the People's Republic of China, formalizes and justifies the author's classification of the stages of its formation and development, analyzes the impact of this system on the processes of implementation and protection of the system of constitutional rights and freedoms of citizens of the People's Republic of China, identifies and formalizes not only the main problems hindering the development of this system, but also the main directions of this development. The paper analyzes the impact of the social trust system (social rating) in China on the formation and development of behavioral surveillance systems initiated by public authorities in various countries, including the Russian Federation.
Goncharov V.V., Spektor L.A., Malyutin A.D. —
Ethics and Professionalism in the Activities of Representatives of Subjects of Public Control in the Russian Federation
// Administrative and municipal law. – 2023. – ¹ 3.
– P. 1 - 11.
DOI: 10.7256/2454-0595.2023.3.40416
URL: https://en.e-notabene.ru/ammag/article_40416.html
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Abstract: The Russian Federation Constitution enshrines the legal status of the multinational people of Russia as the bearer of sovereignty and the only source of power in the country. However, the constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institution of public control. The basis of the legal regulation of this institution of civil society is a system of legal principles - the basic, most general principles that determine the content and main directions of regulation of this institution of civil society in the Russian Federation. A number of scientific research methods are used in the work: comparative legal, historical legal, formal logical and a number of others. This article is devoted to the analysis of ethics and professionalism in the activities of representatives of public control in the Russian Federation as its principle. The authors substantiate the need to expand the list of principles enshrined in Article 6 of Federal Law No. 212-FZ dated 21.07.2014 "On the Foundations of Public Control in the Russian Federation", in particular, the principles of centralism and decentralization in the organization and activities of subjects of public control, ethics and professionalism in the activities of their representatives, responsibility (both their representatives and officials, as well as representatives of objects of public control). The authors formalize and examine the main problems that prevent the consolidation and implementation of this principle of public control. The author has developed and substantiated a system of measures to resolve these problems, including by introducing amendments and additions to the legislation of the Russian Federation.
Goncharov V.V., Porkashyan M.A., Spektor L.A. —
Responsibility as a Principle of Public Control in the Russian Federation
// Administrative and municipal law. – 2023. – ¹ 2.
– P. 57 - 67.
DOI: 10.7256/2454-0595.2023.2.40418
URL: https://en.e-notabene.ru/ammag/article_40418.html
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Abstract: The multinational people of the Russian Federation are, in accordance with the Constitution of Russia, the bearer of sovereignty and the only source of power in the country. At the same time, he exercises his powers both directly (for example, through the institutions of free elections and referendums) and indirectly (in particular, through the activities of public authorities). However, the constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institute of public control, the legal basis of which is a system of principles – the basic, most general principles that determine the content and main directions of regulation of this institution of civil society in the Russian Federation. A number of scientific research methods are used in the work: comparative legal, historical legal, formal logical and a number of others. This article is devoted to the analysis of responsibility as a principle of public control in the Russian Federation. The purpose of the study is not only to substantiate the need to formalize the above-mentioned principle of this institution of civil society in the legislation on public control (in particular, in Article 6 of Federal Law No. 212-FZ dated 21.07.2014 "On the basics of public control in the Russian Federation"), but also to formalize and study the main problems preventing the consolidation and implementation of this principle of public control. The author developed and substantiated a system of measures to resolve these problems, including by introducing amendments and additions to the legislation of Russia.
Goncharov V.V. —
Features of the Organization and Implementation of Public Control in the Border Regions of the Russian Federation: Constitutional and Legal Analysis
// Administrative and municipal law. – 2023. – ¹ 1.
– P. 95 - 102.
DOI: 10.7256/2454-0595.2023.1.39867
URL: https://en.e-notabene.ru/ammag/article_39867.html
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Abstract: This article is devoted to the constitutional and legal analysis of the peculiarities of the organization and implementation of public control in the border regions of the Russian Federation. This is of particular importance in an unstable international situation. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public control in border regions in the Russian Federation, as well as the practice of their application. The author uses general and private scientific methods - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal and a number of other methods. The paper substantiates the role of this institution of civil society 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 author explores the main problems hindering the optimal organization and implementation of public control in the border regions of the Russian Federation. The article develops and substantiates a system of measures to resolve the above-mentioned problems in order to strengthen the institution of public control. The issues of development and implementation of new principles, methods, forms and types of public control measures in the border regions of the Russian Federation need further scientific understanding.
Goncharov V.V. —
Public Control over Non-State Pension Funds in the Russian Federation: Problems of Organization and Implementation
// Administrative and municipal law. – 2023. – ¹ 1.
– P. 19 - 28.
DOI: 10.7256/2454-0595.2023.1.39870
URL: https://en.e-notabene.ru/ammag/article_39870.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 non-state pension funds in the Russian Federation, due to the fact that they occupy a key place in the organization of pension provision in Russia for 2023. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public control over non-state pension funds in Russia and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal, etc. The paper substantiates the role and place of this institution of civil society in the system of legal guarantees for the implementation, protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author examines the legal status and place of non-state pension funds in Russia in the system of objects of public control. The work not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. The issues of development and introduction of new forms and methods of public control in relation to non-state pension funds in Russia need further scientific understanding.
Goncharov V.V. —
The Government of the Russian Federation as an Object of Public Control: Constitutional and Legal Analysis
// Administrative and municipal law. – 2023. – ¹ 1.
– P. 72 - 81.
DOI: 10.7256/2454-0595.2023.1.39879
URL: https://en.e-notabene.ru/ammag/article_39879.html
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Abstract: This article is devoted to the constitutional and legal analysis of the Presidential Administration of the Russian Federation as an object of public control. This topic of scientific research is of particular interest due to the fact that this public authority has significant powers and a place in the state mechanism. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation devoted to the organization and activities of public control in relation to the activities, acts and decisions of the Presidential Administration of the Russian Federation and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms, sociological, historical and legal and others. The paper analyzes the institute of public control as the most important guarantee of the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author explores the legal status and place of the Presidential Administration in the system of objects of public control. The work not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. The issues of development and implementation of new forms, methods, types of public control measures in relation to the Administration of the President of the Russian Federation need further scientific understanding.
Goncharov V.V., Savchenko A.A., Savchenko M.S. —
Conceptualization of the Ñoncepts of “Migration” and “Migration Process” in Legal Science
// Administrative and municipal law. – 2019. – ¹ 6.
– P. 11 - 23.
DOI: 10.7256/2454-0595.2019.6.30935
URL: https://en.e-notabene.ru/ammag/article_30935.html
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Abstract: This article is devoted to the study of conceptualization of the concepts of "migration" and "migration process" in legal science. The paper substantiates the author's definitions of these concepts. Subject of research: social relations associated with the processes of migration (external and internal). The object of the research is the norms of international and national Russian law regulating legal relations in the field of migration processes. The purpose of the study is the following: from the standpoint of legal methods of studying migration relations to analyze the degree of conceptualization of the concepts of “migration” and “migration process” in domestic and foreign legal science.The authors of the article use a number of research methods such as analysis; synthesis; formal-logical; comparative-legal; classification; interpolation; extrapolation; historical. Objectives of the study are: 1) to analyze the theoretical foundations of the concept of migration (in Russian and foreign scientific literature); 2) to explore the legal basis of the concept of migration (international and Russian legislation in the field of regulation of migration processes); 3) develop and justify the author's definition of "migration"; 4) develop and justify the author's definition of the notion "migration".
Goncharov V.V. —
The use of positive experience in organization and realization of people’s control in USSR in the context of optimization of public control in the Russian Federation (constitutional-legal analysis)
// Law and Politics. – 2019. – ¹ 5.
– P. 72 - 88.
DOI: 10.7256/2454-0706.2019.5.27942
URL: https://en.e-notabene.ru/lpmag/article_27942.html
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Abstract: The full realization and protection of rights, freedoms and legitimate interests of the Russian citizens, as well as practical implementation of the constitutional principles of democracy and people’s participation in state administration requires constant improvement of the system of legal regulation of the civil society institutions in Russia. One of the basic guarantees of the balanced functioning and development of civil society in democratic state is the institution of public control. Optimization of the processes of organization and realization of public control in the Russian Federation suggests using the previous positive experience in this regards. Therefore, special relevance gains the examination of experience of the institution of people’s control in the Soviet Union. This article is dedicated to the comparative-legal study of the institutions of public control in the Russian Federation and people’s control in the Soviet Union with regards to application of positive experience of the latter. The author conducts a comparative-legal analysis of the regulatory framework of public and people’s control; pursues correlation between the concepts, principles, objectives, goals, composition and authorities of the subjects, as well as legal force and the character of decision-making. This allowed determining the limits in application of people’s control in the Soviet Union in the context of optimization of public control in the Russian Federation, formulating specific proposals and recommendations.
Goncharov V.V. —
The use of positive experience in organization and realization of people’s control in USSR in the context of optimization of public control in the Russian Federation (constitutional-legal analysis)
// Law and Politics. – 2019. – ¹ 5.
– P. 72 - 88.
DOI: 10.7256/2454-0706.2019.5.43194
URL: https://en.e-notabene.ru/lamag/article_43194.html
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Abstract: The full realization and protection of rights, freedoms and legitimate interests of the Russian citizens, as well as practical implementation of the constitutional principles of democracy and people’s participation in state administration requires constant improvement of the system of legal regulation of the civil society institutions in Russia. One of the basic guarantees of the balanced functioning and development of civil society in democratic state is the institution of public control. Optimization of the processes of organization and realization of public control in the Russian Federation suggests using the previous positive experience in this regards. Therefore, special relevance gains the examination of experience of the institution of people’s control in the Soviet Union. This article is dedicated to the comparative-legal study of the institutions of public control in the Russian Federation and people’s control in the Soviet Union with regards to application of positive experience of the latter. The author conducts a comparative-legal analysis of the regulatory framework of public and people’s control; pursues correlation between the concepts, principles, objectives, goals, composition and authorities of the subjects, as well as legal force and the character of decision-making. This allowed determining the limits in application of people’s control in the Soviet Union in the context of optimization of public control in the Russian Federation, formulating specific proposals and recommendations.
Goncharov V.V. —
On certain improvements of legislation of the Russian Federation in the area of regulation of public control (constitutional legal analysis)
// Law and Politics. – 2019. – ¹ 4.
– P. 7 - 19.
DOI: 10.7256/2454-0706.2019.4.27712
URL: https://en.e-notabene.ru/lpmag/article_27712.html
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Abstract: A full-fledged practical implementation of the constitutional principle of democracy requires constant improvement of the institution of public control in the Russian Federation, which on one hand, manifests as the guarantee of people’s right to realization of democracy, and on the other hand – the mechanism that impedes the consolidation of power, its unlawful; appropriation, as well usage thereof not for the benefit of the citizens. The system of legal regulation of public control of power in the Russian Federation is represented by several groups of regulatory acts of international and national legislations. This article is dedicated to examination of the federal, regional, and municipal legislation in the area of regulation of public control in the Russian Federation. The author conducts the comparative analysis of regulatory acts that contribute to organization and functioning of the system of public control in the Russian Federation, as well as provides their original classification. This allows carrying out the analysis of regulatory framework of the mechanism of public control in the Russian Federation, determining their place, role, and significance in organization of the system of public control in the country.
Goncharov V.V. —
On certain improvements of legislation of the Russian Federation in the area of regulation of public control (constitutional legal analysis)
// Law and Politics. – 2019. – ¹ 4.
– P. 7 - 19.
DOI: 10.7256/2454-0706.2019.4.43190
URL: https://en.e-notabene.ru/lamag/article_43190.html
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Abstract: A full-fledged practical implementation of the constitutional principle of democracy requires constant improvement of the institution of public control in the Russian Federation, which on one hand, manifests as the guarantee of people’s right to realization of democracy, and on the other hand – the mechanism that impedes the consolidation of power, its unlawful; appropriation, as well usage thereof not for the benefit of the citizens. The system of legal regulation of public control of power in the Russian Federation is represented by several groups of regulatory acts of international and national legislations. This article is dedicated to examination of the federal, regional, and municipal legislation in the area of regulation of public control in the Russian Federation. The author conducts the comparative analysis of regulatory acts that contribute to organization and functioning of the system of public control in the Russian Federation, as well as provides their original classification. This allows carrying out the analysis of regulatory framework of the mechanism of public control in the Russian Federation, determining their place, role, and significance in organization of the system of public control in the country.
Goncharov V.V. —
Socio-historical conditions of the emergence and development of global constitutionalism
// Philosophical Thought. – 2019. – ¹ 3.
– P. 34 - 45.
DOI: 10.25136/2409-8728.2019.3.19750
URL: https://en.e-notabene.ru/fr/article_19750.html
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Abstract: This article analyzes the socio-historical, socio-political, and socio-legal conditions of the emergence and development of global constitutionalism as a social concept over its main stages:
- the stage of formation of the social concept of global constitutionalism, determination of its framework characteristics, and formulation of the universal democratic values;
- the stage of establishment of international and supranational political-legal institutions, manifesting as the unified executive centers of regulation and control;
- the current stage of the development of social concept of global constitutionalism, consisting in the forcible export of the values of constitutional democracy in planetary scale.
The author believes that global constitutionalism as a social concept is mediated by certain socio-historical conditions of the emergence and development (socio-economic, socio-political and historical-legal), which in correlation and interdependence formed the basic requirements for this social concept, as well as determined the vector of its development.
Amosov E.V. —
On the key issues of pig farming development in Kuban region in terms of import substitution
// Agriculture. – 2019. – ¹ 1.
– P. 25 - 28.
DOI: 10.7256/2453-8809.2019.1.20007
URL: https://en.e-notabene.ru/sh/article_20007.html
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Abstract: The article studies the topical issues of pig farming development in Krasnodar Krai. The author analyzes positive results that farms in Kuban region have achieved. The article contains the analysis of drawbacks and shortcomings influencing the results of pig farms’ work. The author studies the problems of using the best practices in the field of pig breeding in Krasnodar Krai. the author supposes that to ensure food security of the Russian Federation (which is a strategic objective aimed at overcoming Western economic sanctions and in important condition of achieving President’s goals of import substitution of agricultural products and food) it is necessary to strengthen farm animal production in Russia. This is particularly true for pig farming as the most promising sector of animal breeding. The author uses a set of scientific research methods including the scientific and economic experience, industrial testing of the research results; as well as the statistical, mathematical and comparative methods. In the author’s opinion, for the purpose of successful solving the mentioned problems, along with the further development of forage base and wide use of intensive production technologies, the qualitative improvement of herds and breeds and methodical improvement of productive and breeding abilities of existing breeds are becoming more important. Krasnodar Krai is the leading region in these aspects.
Goncharov V.V., Savchenko M.S. —
Review of the monograph by Voronin B.A., Golovina S.G., Chupina I.P. and others. Modern rural cooperation as a complex socio-economic system. Yekaterinburg: Ural State Agricultural University, 2019. 221 pp. (ISBN 978-5-901709-14-16)
// Agriculture. – 2019. – ¹ 1.
– P. 35 - 39.
DOI: 10.7256/2453-8809.2019.1.30807
URL: https://en.e-notabene.ru/sh/article_30807.html
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Abstract: The article is a review of the monograph by Voronin B.A., Golovina S.G., Chupina I.P. and others. Modern rural cooperation as a complex socio-economic system. Yekaterinburg: Ural State Agricultural University, 2019. 221 pp. (ISBN 978-5-901709-14-16). The monograph studying an important scientific issue was prepared by the authors in 2019. In the reviewer’s opinion, it is the first Russian comprehensive scientific research considering the topical legal problems of rural cooperation development in the Russian Federation as a single socio-economic system. The research is based on the set of methods of scientific cognition including analysis, synthesis, comparison, classification, the formal logical and statistical methods, scientific forecasting, etc. The reviewer believes that this monograph fully complies with the requirements of the current legislation of Russia to scientific works of this level, and of great interest both in theoretical and practical contexts. The study can be used as an educational material in the institutions of higher and secondary specialized education (particularly in Bachelor’s, Master’s and specialist’s programmes in economic and law faculties).
Goncharov V.V., Shalin V.V. —
Role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation
// Law and Politics. – 2018. – ¹ 11.
– P. 41 - 52.
DOI: 10.7256/2454-0706.2018.11.27937
URL: https://en.e-notabene.ru/lpmag/article_27937.html
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Abstract: This article is dedicated to the role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation. The author analyzes the concept of constitutional legal guarantee through the prism of the concepts and attributes of the broader sense of the concept of legal guarantee, giving the original definitions; described the objectives and tasks of the constitutional legal guarantees in general, as well as the citizens’ right to public control in particular; explores the role of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control at the federal, regional and municipal levels, and with regards to various branches of government and local self-governance, as well as authorities and organizations that execute separate public powers supported by judicial practice, bills of the Constitutional and Supreme Courts of the Russian Federation, administrative and municipal practice. The conclusion is made that the citizens’ right to public control dictates the need for its protection on the part of society and government through securing the system of constitutional legal guarantees on one hand; and on the other – the process of their practical realization allows improving the institution of public control itself, as well as the constitutional legal mechanism of its implementation and protection.
Goncharov V.V., Shalin V.V. —
Role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation
// Law and Politics. – 2018. – ¹ 11.
– P. 41 - 52.
DOI: 10.7256/2454-0706.2018.11.43193
URL: https://en.e-notabene.ru/lamag/article_43193.html
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Abstract: This article is dedicated to the role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation. The author analyzes the concept of constitutional legal guarantee through the prism of the concepts and attributes of the broader sense of the concept of legal guarantee, giving the original definitions; described the objectives and tasks of the constitutional legal guarantees in general, as well as the citizens’ right to public control in particular; explores the role of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control at the federal, regional and municipal levels, and with regards to various branches of government and local self-governance, as well as authorities and organizations that execute separate public powers supported by judicial practice, bills of the Constitutional and Supreme Courts of the Russian Federation, administrative and municipal practice. The conclusion is made that the citizens’ right to public control dictates the need for its protection on the part of society and government through securing the system of constitutional legal guarantees on one hand; and on the other – the process of their practical realization allows improving the institution of public control itself, as well as the constitutional legal mechanism of its implementation and protection.
Goncharov V.V. —
Concept and meaning of the “public control of power” category
// Politics and Society. – 2018. – ¹ 10.
– P. 1 - 17.
DOI: 10.7256/2454-0684.2018.10.27414
URL: https://en.e-notabene.ru/psmag/article_27414.html
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Abstract: This article is dedicated to examination of the concept and meaning of the “public control of power” category in the Russian Federation. The author analyzes the notion of the subject of public control, as well as provides classification to the main groups of the subject of public control. The article describes the forms, principles, goals and tasks of public control and presents their original classification. The impact of public control upon the implementation of various constitutional legal principles is explored. The article applies a set of scientific methods, including the comparative legal studies, historical, formal-logical, and sociological surveys. A position is substantiated that public control in the Russian Federation allows ensuring the maximally effective preservation and development of the state on one hand; and on the other – concordance of the performance results the objects of public control to the interests and needs of people in terms of the implacable adherence to the right, freedoms and legitimate interests of the citizens and any combinations thereof.
Goncharov V.V. —
On the Relationship Between Social Control and Other Forms of Power Control (Constitutional Law Analysis)
// Legal Studies. – 2018. – ¹ 9.
– P. 20 - 29.
DOI: 10.25136/2409-7136.2018.9.27191
URL: https://en.e-notabene.ru/lr/article_27191.html
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Abstract: This article is devoted to the study of the concept of public control of power in comparison with the concepts of social control of power, civil control of power, people's control of power, state control of power (both in the part that can be considered public control of power and in the part that is the self-control of the state internal control of power). The author explores the concepts of social control of power, civil control of power, people's control of power, state control of power, and also gives his own definitions thereof. He uses the following research methods: comparative law; historical; formal logical; statistical analysis and sociological survey. The paper analyzes and compares the main features of the concept of public control of power and gives his own definition thereof. The author also notes that public control of the authorities acts as the only external independent positive form of control over the powers of state and local government bodies as well as other entities that have delegated public authorities and competences.
Goncharov V.V. —
On some questions related to definition of the concept of social control over government in Russia: constitutional-legal analysis
// Politics and Society. – 2018. – ¹ 8.
– P. 65 - 74.
DOI: 10.7256/2454-0684.2018.8.27190
URL: https://en.e-notabene.ru/psmag/article_27190.html
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Abstract:
This article is dedicated to the constitutional-legal analysis of some questions related to definition of the concept of social control over government in Russia. The author examines the genesis of the concept of social control over government in philosophical and legal literature since the moment of its origination until the present stage. Analysis of the concept of social control is conducted through the prism of the definition of power in a broad sense (as a philosophical and general sociological category), as well as in a narrow sense (as a legal category). The following methods were applied in course of this research: comparative law; historical; formal-logical; statistical; sociological studies. Based on the analysis of current legislation, the author considers and classifies the forms of exercising the government and municipal authoritative powers by the nongovernmental organizations. The work substantiates and provides original definitions to the concepts of power as a philosophical and general sociological category, as well as legal category. The author formulates the concept of social control over government.
Goncharov V.V. —
On Some Issues that Relate to the Legal Nature of the Public Control of Power (Constitutional and Legal Aspects)
// Administrative and municipal law. – 2018. – ¹ 8.
– P. 17 - 25.
DOI: 10.7256/2454-0595.2018.8.27332
URL: https://en.e-notabene.ru/ammag/article_27332.html
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Abstract: The author of the article offers his own classification of time periods in the formation and development of the public control as a legal category. In particular, he describes the following stages: 1. the era of slave-owing socioeconomic formation; 2. the era of feudal socioeconomic formation; 3. the era of capitalist socioecnomic formation; 4. socialist-oriented states; 5. globalization era. In his research Goncharov analyzes the views of Russian and foreign philosophers and lawyers, state, political and religious figures of different historical eras on the legal nature of the public control as a legal category, as well as the way it is fixed by the law. In the course of his research Goncharov applies the following research methods: comparative law, historical, formal law, statistical, and sciological research. This article is devoted to some issues that relate to the legal nature of the public control of power (its constitutional law analysis). The author carries otu an analysis of the public control in the pre-state period of the society as well as in the era of national states. He also studies abilities of individuals to control over social power in the pre-state era.
Goncharov V.V., Chimitova I.Z. —
Interethnic harmony between major ethnic groups in the Republic of Buryatia
// Sociodynamics. – 2018. – ¹ 7.
– P. 9 - 16.
DOI: 10.25136/2409-7144.2018.7.25388
URL: https://en.e-notabene.ru/pr/article_25388.html
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Abstract:
The Republic of Buryatia is referred to a number of subjects of the Russian Federation, in which the interethnic relations are characterized by stability, moderation, and mutual tolerance. This article examines the certain prerequisites for establishment and strengthening of the interethnic tolerance and its typical manifestations in the relationship of the two most numerous ethnic groups of the region – the Buryats and the Russians. Such variety of interethnic tolerance, inherent to the territories with the long and neighborly interethnic contacts, can be signified by the concept “an interethnic harmony”. The experts note the dominance of a positive trend in such communications. During the initial period, a role has played the positive perception by Buryats, as the representatives of Mongolian world, of the ambassadors of the Russian monarch – the principal of one of the suburbs of the erstwhile Golden Horde. One of the prerequisites of interethnic harmony is the regional climatic peculiarities, which encouraged the cooperation and mutual help between people regardless of their ethnic affiliation. Another factor is the key character traits of the communicating ethnic groups – peaceful disposition, relativity, Buryats’ willingness to compromise, and large communitarity of the Russian people in comparison with the West, the fact that the Russian idea is the idea of brotherhood and nations. Interethnic harmony is accompanies by the tolerant interaction of Buddhism and Orthodoxy. The specificity of the Republic of Buryatia lies in a substantial number of mixed families, kindred relations between the Buryats and the Russians. The strength of family values for the title nation of the Republic is also a prerequisite for interethnic harmony, because namely family forms the foundations for personal value orientations, including the sphere of interethnic communications.
Goncharov V.V. —
Civil control in Russian Federation as a tool for social tension growth prevention (constitutional and legal analysis)
// Conflict Studies / nota bene. – 2018. – ¹ 4.
– P. 1 - 6.
DOI: 10.7256/2454-0617.2018.4.28543
URL: https://en.e-notabene.ru/cfmag/article_28543.html
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Abstract: This article is focused on studying the institute of civil control in Russian Federation as a tool for social tension growth prevention. The author believes that this institute of the civil society plays an important role in preventing the growth of social tension in the society due to the fact that it represents one of the major safeguards for the constitutional and legal principles democracy and citizen's ability to participate in state management, and acts as the main safeguard for Russian citizens and their associations to realize their rights, civil liberties and legal interests. The study uses a number of research methods, including formal and legal, comparative and legal, historical, classification, generalization, analysis.
The author substantiates their position regarding the evident issues in existing legislature, related to the use of civil control in Russian Federation as a tool for social tension growth prevention. This study contains proposals for potential resolution of issues regarding civil control in Russian Federation as a tool of prevention of social tensions (by introducing changes to existing legislation).
Goncharov V.V. —
Review of the monograph: Arctic food security: problems of legal regulation / A. A. Kondrashov, S. A. Trofimova, I. B. Trofimova, B. N. Trofimov, L. G. Hocko, M. D. Dmitriev. - Krasnoyarsk, 2018. - 178 p. (ISBN ¹ 978-5-94617-432-9).
// Agriculture. – 2018. – ¹ 2.
– P. 32 - 36.
DOI: 10.7256/2453-8809.2018.2.28577
URL: https://en.e-notabene.ru/sh/article_28577.html
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Abstract: This article is a review of the monograph: Arctic food security: problems of legal regulation / A. A. Kondrashov, S. A. Trofimova, I. B. Trofimova, B. N. Trofimov, L. G. Hocko, M. D. Dmitriev. - Krasnoyarsk, 2018. - 178 p. (ISBN ¹ 978-5-94617-432-9).
The monograph discussing the topical problem of Arctic food security was prepared by the group of authors in 2018. In the reviewer’s opinion, this is the first Russian holistic scientific research of the urgent legal problems of ensuring food security in the strategically important region of Russia. The authors use the range of scientific research methods including analysis, synthesis, comparison, classification, the formal logical and comparative-legal methods. The reviewer claims that the monograph fully meets the requirements of the current Russian legislation imposed on scientific works of such level, and is significant in both theoretical and practical aspects. The study can also be used for teaching in tertiary and higher education institutions of the country, particularly, for teaching in bachelor and master courses and specialist programmes on law faculties.
Pozdnyakova U.S. —
Peculiarities of Organization and Functioning of Animated Activity in Children's Sports Organizations
// Healthcare. – 2018. – ¹ 1.
– P. 20 - 27.
DOI: 10.7256/2453-8914.2018.1.20136
URL: https://en.e-notabene.ru/zdravo/article_20136.html
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Abstract: This article is devoted to the study of peculiarities of organization and functioning of animated activity in children's sports organizations. The author examines the legal framework of the organization and activities of children's sports organizations in the Russian Federation, under which it is necessary to understand the legal persons of various organizational-legal forms and forms of ownership, the activity of which is aimed at the implementation of services to ensure children's rest and sports rehabilitation. The article examines the goals, objectives, principles and features of organization and functioning of children's sports organizations. The author substantiates the view that animation activity in children's sports organizations in compliance with the studied in this scientific article claims, principles and features should be modern, creative link for the use of any other pedagogical, psychological, cultural, creative and educational and leisure technology. The author used the following research methods: statistical; historicism; comparative legal studies; functional; comparison; analysis; surveys.
Goncharov V.V. —
The social concept of global constitutionalism as a factor of development of national societies and states in the modern world
// Sociodynamics. – 2017. – ¹ 2.
– P. 58 - 65.
DOI: 10.7256/2409-7144.2017.2.21812
URL: https://en.e-notabene.ru/pr/article_21812.html
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Abstract: This article is devoted to the study of the social concept of global constitutionalism as a factor of development of national societies and States in the modern world. The author substantiates the position that the contemporary socio-political, financial-economic and state-legal development of national societies and States is carried out in terms of Western military-political, financial-economic, cultural, creative and information expansion, pursued through the imposition of national states with a single governing centers for the regulation and control of the Western state and legal, socio-political institutions, principles, relations, relations, ideas for planned and comprehensive protection and promotion of the economic and financial interests and needs of the countries that form the core of the world capitalist system. According to the author, the preservation of national independence and territorial integrity of nation-States (including the Russian Federation) in the context of a rapidly globalizing world is impossible without studying the main causes and formation and tendencies of development of global constitutionalism as a social concept. This will allow determining the directions and negative effects of development processes of globalization, as well as their impact on national States to develop and implement effective system of action to combat them.
Goncharov V.V., Shalin V.V. —
Interreligious conflicts in the 21st century: a social and philosophical analysis
// Conflict Studies / nota bene. – 2017. – ¹ 2.
– P. 1 - 7.
DOI: 10.7256/2454-0617.2017.2.23662
URL: https://en.e-notabene.ru/cfmag/article_23662.html
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Abstract: This article is dedicated to social and philosophical analysis of interreligious conflicts in the 21st century. The author believes that in the era of globalization, social, political, public an legal, financial and economic development of national societies and states the problem of interreligious conflicts is of particular importance, and is planetary scale issue. With this in mind, the area of interreligious conflict does not draw only the believers of different religious faiths, but also atheists (as militant atheists and people who simply do not identify themselves with the adherents of a particular religion). This article used a number of methods of scientific research, such as historical, comparative, formal and logical The author notes that ignoring the problems related to interreligious violence on international (global) and state (national) levels, inevitably leads to conflict escalation, growth of the number of victims among civilian population. Therefore, it is necessary to develop a complex of measures aimed at the prevention of development of interreligious conflicts on planetary scale, as well as on the level of individual states.
Kostenko R.B. —
Import substitution of food in Russia as a priority task of ensuring food security
// Food Industry. – 2017. – ¹ 1.
– P. 7 - 14.
DOI: 10.7256/2453-8876.2017.1.20207
URL: https://en.e-notabene.ru/prodtech/article_20207.html
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Abstract: This article is dedicated to examination of the questions of import substitution of food in Russia as the priority task on rapid ensuring of the food security in the country. The author substantiates the need for implementation of the large-scale system of measures in the field of agriculture and agribusiness pertaining to the increase in production volume and processing of the agricultural products in the Russian Federation. This will help in ensuring the food independence of Russia in the aspect of food volume, as well as improvement of the quality of food ration of the Russian residents. In addition to the stated above, the modernization of agricultural and agro-industrial sector of economy of the Russian Federation will enhance its competitiveness in comparison with other countries, ensuring the profitability of agricultural enterprises and enterprises that specialize in processing of the agricultural products. In turn, the agricultural sector of the Russian economy will play the role of a so-called locomotive, providing the growth of GDP in the country.
Kruglov S.M. —
On some questions of ensuring regional food security
// Food Industry. – 2017. – ¹ 1.
– P. 27 - 33.
DOI: 10.7256/2453-8876.2017.1.20576
URL: https://en.e-notabene.ru/prodtech/article_20576.html
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Abstract: This article is dedicated to the question of examination of the regional food security. The author believes that food safety issues in modern states must be addressed on the central (or federal), as well as the regional levels, which will allow strengthening the national food security and avoiding the situations of food deficit in the country or its uneven distribution across the separate region and municipalities. The work explores the negative and positive experience of the USSR in organization of food security, including through organization of the official reserve. The following scientific methods were applied during the course of this research: description, formal-logical, statistical, historical, modelling, comparative legal studies. The author deems that in the Russian Federation the questions of food security on the regional level are yet to be resolved in full measure; it is referred to the part of legislative determination and consolidation of the regional food security alongside within the framework of establishment of the regional food security system as a whole.
Goncharov V.V., Poyarkov S.Y. —
Human rights and freedoms as the ideal value of modern state
// Philosophy and Culture. – 2017. – ¹ 1.
– P. 47 - 50.
DOI: 10.7256/2454-0757.2017.1.21588
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Abstract: This article is dedicated to examination of the rights and freedoms of an individual as the ideal values of the modern state. The work substantiates the position that human rights as a universal category serve as a significant dominant in development of civil society alongside the counterforce of absolutization of political power of the state in the process of establishment of constitutionalism. Rights and freedoms are the ideal value of any modern democratic state; because firstly, a person represents the highest value of social development, and, secondly, the purposes of existence and functionality of the government apparatus itself. Thus, the recognition, consolidation in the existing legislation (primarily the Constitution), adherence to and protection of the rights and freedoms of man and citizen, on one hand – is the cornerstone of formation and functionality of the government apparatus in modern democratic state as; and on the other hand – one of the main goals and tasks of the state.
Goncharov V.V. —
Foreign policy of nation-states and the peculiarities of its formation in the context of globalization
// International relations. – 2017. – ¹ 1.
– P. 28 - 34.
DOI: 10.7256/2454-0641.2017.1.21585
URL: https://en.e-notabene.ru/irmag/article_21585.html
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Abstract: The paper studies foreign policy of nation-states and the peculiarities of its formation in the context of globalization. The author notes that foreign policy of modern states is a complex system, which has undergone significant changes at the turn of the 20th – the 21st centuries under the influence of the processes of globalization of socio-political, state-legal and financial and economic development of national societies and states. Foreign policy of nation-states doesn’t serve their national interests anymore, instead it serves the interests of the global ruling elite. The author applies the formal-logical and historical-legal methods, analysis, synthesis and comparison. Thus, foreign policy of modern nation-states is affected by globalization processes and is a means of reconciling the interests of different elite groups, composing the global ruling elite, used for leveling differences and contradictions between them. Interests of nation-states in this situation are secondary, and are defended by foreign policy only if they don’t confront with the interests of the global ruling elite.
Goncharov V.V. —
Social development in interpretation of the philosophical concept of global constitutionalism
// Philosophy and Culture. – 2016. – ¹ 11.
– P. 1517 - 1523.
DOI: 10.7256/2454-0757.2016.11.20219
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Abstract: This article is dedication to examination of social development in interpretation of the philosophical concept of global constitutionalism. The author substantiates the position that between the notions of “globalization” and “social development” there is a link that allows accumulating the achievements of socio-philosophical concepts of the past and modernity regarding the question of determination of the basis of organization and activity of the society, as well as directions of its development. The accumulation of socio-philosophical knowledge allows identifying the global constitutionalism in the context of social development as systemic, carrying progressive character, process of globalization of socio-political, state-legal, and financial-economic organization and activity of the society on the international and national levels; while globalization itself as a natural status (stage) of development of the government-organized society of the capitalist era (its imperialistic stage). The conclusion is made that the social development within the framework of philosophy of the global constitutionalism, is completely subordinated to the logic of preservation and development of the world capitalist system, which allows retaining power and property in hands of the global ruling elites represented by the global ruling class.
Goncharov V.V. —
Dialectical model in the doctrine of social changes of the philosophical concept of global constitutionalism
// Philosophical Thought. – 2016. – ¹ 11.
– P. 75 - 86.
DOI: 10.7256/2409-8728.2016.11.2023
URL: https://en.e-notabene.ru/fr/article_20235.html
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Abstract: This article is dedicated to the examination of dialectical model in the doctrine of social changes of the philosophical concept of global constitutionalism. Forming the dialectical model, this concept as a combination of the methods of argumentation, type and ways of reflexive theoretical thinking, which researches controversies found in the cogitable content of this thinking, emanates from a number of trends substantiated by the modern directions of development of neoliberal and neoconservative socio-philosophical concepts that dominate in the Western society and used by the global ruling class in the process of determination of directions of sociopolitical, state-legal, and financial-economic development on international, as well as national levels. The author justifies a thesis that in the context of the philosophical concept of global constitutionalism, dialectical model in the doctrine of social changes, acts as a system of methods of argumentation of substantiation of the natural evolutionary character of the origin of the world capitalist system (its economic basis and sociopolitical addition), necessity of it preservation and development in the interests of the entire humanity. At the same time, the capitalist society, inspired by Hegelian system, is viewed by the philosophical concept of global constitutionalism as the higher point of social development within the doctrine of social changes.
Goncharov V.V., Poyarkov S.Y. —
Political dualism and the rise of constitutionalism in modern Russia
// Sociodynamics. – 2016. – ¹ 11.
– P. 28 - 34.
DOI: 10.7256/2409-7144.2016.11.2092
URL: https://en.e-notabene.ru/pr/article_20929.html
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Abstract: This article investigates the political dualism and the establishment of constitutionalism in the Russian Federation. The authors substantiate the position that the lack of constitutionalism experience of the pre-Soviet times in our country, as well as negative tradition of the Soviet era regarding the perception of the Constitution as a declaratory document that does not reflect the political realities of modern society, coupled with the political ambitions and desires of the political elite, led to the political dualism in the process of establishment of current Russian constitutionalism, in which we can observe coexistence of the elements of "socialist constitutionalism" alongside the principles of democratic organization of society and state that are accepted by the new Constitution using the international experience. The authors note that currently there is an actual need in the Russian Federation for formation of the certain set of rules of political interaction and party system whole, which emerges from the area of state regulation and does not depend on the policy of the existing system of executive authority on Russia.
Goncharov V.V. —
Political philosophy of the global constitutionalism
// Philosophical Thought. – 2016. – ¹ 10.
– P. 83 - 111.
DOI: 10.7256/2409-8728.2016.10.2012
URL: https://en.e-notabene.ru/fr/article_20120.html
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Abstract: This article is dedicated to the examination of political philosophy of the global constitutionalism. The author conducts the analysis of the view of socio-philosophical concept of the global constitutionalism upon the political system of society. The work explores the relation of the aforementioned concept to the system of law. The author pursues correlation between the legal regulation and political violation in the socio-philosophical concept of global constitutionalism. The article substantiates the need for preservation of the democratic values and principles in organization and functioning of the state mechanism of the Russian Federation as the necessary condition of preservation of its independence and territorial integrity. The author believes that there is an actual risk of the forfeit of democratic beginnings in organization of the socio-political, state-legal, and financial-economic structure on the level of national government, with the final slide of human civilization into the liberal totalitarianism fraught with the dismantlement of the system of human and citizen rights and liberties in the core countries of the global capitalist system, as well as periphery countries.
Goncharov V.V. —
Model of evolution of the universe in philosophy of global constitutionalism
// Philosophy and Culture. – 2016. – ¹ 10.
– P. 1454 - 1461.
DOI: 10.7256/2454-0757.2016.10.20200
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Abstract: This article is dedicated to the model of evolution of the universe in philosophy of global constitutionalism. The model of evolution of the universe in any socio-philosophical concept suggest the formulation and substantiation of its own construct of formation and development of the surrounding reality (material and immaterial world). The philosophy of global constitutionalism conclusively formed at the brink of the XX and XX centuries as an active instrument of formatting of the socio-political, state-legal, and financial-economic development of the modern national state under in hands of the global ruling class, is based on the experience of the socio-philosophical concepts of the past, namely neoliberal and neoconservative doctrines. The author explores the signs of the model of evolution of the universe in philosophy of global constitutionalism, and suggests that various models of evolution of the universe play an important role in the context of globalization of the socio-political, state-legal, and financial-economic development of the existing national states and societies, which are being actively studied by the contemporary scholars, philosophers, legal experts, and political scientists. The following models are being considered: : linear globalization (A. Comte); world of system of globalization (I. Wallerstein, A. G. Frank, S. Amin, J. Arrighi, T. dos Santos, A. I. Fursov, A. V. Karataev); globalization as continuation of modernization (A. Giddens); global system (L. Sklair), and others.
Goncharov V.V., Kovaleva L.I. —
Authority as the socio-philosophical and legal category: institutional-political analysis
// Sociodynamics. – 2016. – ¹ 9.
– P. 86 - 102.
DOI: 10.7256/2409-7144.2016.9.19413
URL: https://en.e-notabene.ru/pr/article_19413.html
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Abstract: This article is dedicated to the institutional-political analysis of authority as the socio-philosophical and legal category. The authors conduct an analysis of the notion of “authority” in broad sense (as the philosophical and general sociological category), as well as in narrow sense (as the political-legal category). The authors examined the main politological and general sociological concepts that review the category pf authority (doctrines on authority): 1) attributive; 2) Marxist; 3) classical; 4) systemic that includes the three basic directions; 5) consensual; 6) relational; 7) behavioral; 8) and neo-constructivist. The article analyzes the various concepts of authority as the political-legal category that review authority as: a) function; b) system of powers; c) type of willful relation; d) system of branches of government power. The authors’ definitions of the authority and government authority are given in this work. In particular, authority as the philosophical and general sociological category is being determines as the condition for the establishment and functioning of any socially organized society that complies with the level of development of public relation characterized by the presence of the corresponding rights and responsibilities of the authority and subordinate subjects of legal relations. Authority as the political-legal category (government authority) is defined in the article as the property of the branches of government granted by the legislation certain state legal powers.
Goncharov V.V. —
Socio-political and historical transformation of global constitutionalism in the modern world
// Legal Studies. – 2016. – ¹ 9.
– P. 119 - 136.
DOI: 10.7256/2409-7136.2016.9.19829
URL: https://en.e-notabene.ru/lr/article_19829.html
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Abstract: This article is devoted to the study of socio-political and historical transformations of global constitutionalism in the modern world. The author substantiates the position that, on the one hand, global constitutionalism as a social and philosophical concept is a purpose of the socio-political and historical transformations of socio-political and state-legal organization of the society in a planetary scale, affecting their practical implementation in the life of the society, and on the other hand, the practice of implementation of the above mentioned transformations in the national states of the modern world has an impact on global constitutionalism as a social-philosophical concept transforming it as a system of knowledge socio-philosophical and political-legal nature.The article examines the main tasks of the socio-political and historical transformations of the socio-political and state-legal organization of the society in a planetary scale, determined by the objectives of global constitutionalism as a social-philosophical concept.The author analyzes the transformation of global constitutionalism as a socio-philosophical concept in the socio-political and historical terms as a system of knowledge of a socio-philosophical and political-legal nature. The author applies the methods of scientific knowledge: epistemological, ontological, methods of formal logic, dialectical, statistical, comparative legal, abstract-idealistic and specifically historical.
Goncharov V.V. —
The place of man in the system of ontological principles of global constitutionalism
// Philosophical Thought. – 2016. – ¹ 9.
– P. 86 - 100.
DOI: 10.7256/2409-8728.2016.9.20014
URL: https://en.e-notabene.ru/fr/article_20014.html
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Abstract: This article is devoted to the study of man's place in the system of philosophical principles of social concept of global constitutionalism. The author substantiates the position that the main goal of the social concept of global constitutionalism is the preservation and development of the world capitalist system (financial-economic basis and the socio-political superstructure).The role of man in this concept, interests and needs, great as in any other power of the social concept.However, this social concept is ultimately inhumane, and directed against the progressive sustainable development of mankind.The author used a number of methods: epistemological; ontology; formal logic; dialectic; statistical; comparative legal; abstract-idealistic; specifically historical. The entire logic of development of the world capitalist system is subjected to the satisfaction of the interests and needs of those social classes, groups and strata of the population, which belongs to power and property in a particular historical time period. Thus, on the one hand, global constitutionalism is aimed egocentrically - to meet the interests and needs of a person. But on the other hand, it protects the interests not only of society, but a narrow group of people who hold power and property. In this case, the interests of the majority are being ignored for the purpose of execution of the main goal of global constitutionalism.
Goncharov V.V. —
The principles of socio-economic structure of society in the philosophical concept of global constitutionalism
// Philosophy and Culture. – 2016. – ¹ 9.
– P. 1285 - 1293.
DOI: 10.7256/2454-0757.2016.9.20182
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Abstract: This article is devoted to the study of the principles of the socio-economic structure of society in the philosophical concept of global constitutionalism. The author argues that any socially-philosophical concept involves building your own model of socio-economic structure of society. Contemporary socio-philosophical concept, designing our own model of socio-economic structure of society must be defined with the basic principles of formation and functioning of its economic basis (at the level of the nation state and in planetary scale) and socio-political superstructure. The author identifies the main principles of the socio-economic structure of society in the philosophical conception of global constitutionalism: the increasing complexity of the socio-economic structure of society; the establishment of law as the Foundation of the socio-economic structure of society; the consolidation of the system of democratic values of the Western sample as the Supreme value of the socio-economic structure of society; the establishment of competition and market selection (the free market) as the basis of socio-economic structure of society. The paper examines criticism of the socio-economic structure of society in the philosophical conception of global constitutionalism formulated by supporters of alternative conceptions of globalization (e.g., alter), as well as the opponents of globalization "on the left" (proletarian internationalists, Marxists), and "on the right" (anti-globalists).In this scientific article the author used a number of scientific research methods, in particular: comparative law; formal logic; statistics; legal history; modeling; description.
Goncharov V.V. —
Social genesis of global constitutionalism as an ideology
// Philosophy and Culture. – 2016. – ¹ 8.
– P. 1158 - 1167.
DOI: 10.7256/2454-0757.2016.8.19850
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Abstract:
The author substantiates the position that ideology as a socio-philosophical phenomena represents an intrinsic property of social being characteristic to any society, which objectivizes social reality by means of the human spiritual activity by sense-making through the generalization of separate uncertainties of social being with the following cooperation into an integrated system that allows determining the content of social development in the unified system of coordinated of the notions and values during a specific period of time and manifesting as a worldview core of society on peculiar stage of its development, as well as a system of criteria through which the individual understand social being as a whole, self-identification in the surrounding social reality along with formation of their attitude towards it. The article is dedicated to the examination of global constitutionalism as an ideology. The author studies the notions of ideology, state ideology, global constitutionalism, as well as gives their original definitions. The specificities of social being of the ideology of global constitutionalism in the modern world are being analyzed.
Goncharov V.V. —
The main trends in the development of global constitutionalism in the modern world
// Sociodynamics. – 2016. – ¹ 8.
– P. 1 - 13.
DOI: 10.7256/2409-7144.2016.8.19852
URL: https://en.e-notabene.ru/pr/article_19852.html
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Abstract: This article explores the main trends in the development of global constitutionalism in the modern world. The author substantiates the position that the basic tendencies of development of global constitutionalism as a socio-philosophical concepts is determined by dynamics of development of the world financial and economic system and its socio-political superstructure in the face of national States and their associations, international organizations and society as a whole. The paper considers five main variants (models) of global development. The author examines the main conditions for the implementation of these models, as well as conducts the analysis of possible variants of development of the socio-philosophical concept of global constitutionalism with regards to the implementation of different versions (models) of global development. This paper makes a forecast about the prospects for the development of global constitutionalism as a whole.
Goncharov V.V. —
The place and importance of the philosophical principles within the social concept of global constitutionalism
// Sociodynamics. – 2016. – ¹ 8.
– P. 65 - 78.
DOI: 10.7256/2409-7144.2016.8.19877
URL: https://en.e-notabene.ru/pr/article_19877.html
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Abstract: This article is dedicated to the study of place and importance of the philosophical principles within the social concept of global constitutionalism. The author substantiates the thesis that the social concept of global constitutionalism, having emerged as the result of unification of the fundamental goal of neoliberal and neoconservative social concept, had established a the rejection of social concepts, which explain the alternative models of globalization “on the left” (alter-globalist), as well as social concepts of the opponents of globalization of sociopolitical, state-legal, and economic life of national states and societies “on the right” (alter-mondialistic) and “on the left” (Marxist and proletarian internationalism). It is underlined that the ideas of global constitutionalism are subjected to the socially substantiated interpretations. The philosophical principles that serve as the bases for social concepts are being created in the process of ideological opposition to the other system of meanings, the carrier of which is a certain alternative subject that contains the crucially different perception of social reality. The fight against the conceptual enemy not only endows any concept with the meaning of its existence, but is also a necessary condition for its being.
Goncharov V.V. —
The evolution of ontological principles in global constitutionalism
// Philosophical Thought. – 2016. – ¹ 8.
– P. 31 - 47.
DOI: 10.7256/2409-8728.2016.8.19878
URL: https://en.e-notabene.ru/fr/article_19878.html
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Abstract: The author substantiates that the social concept of global constitutionalism emerged as a consequence of the generality of the main goals of the social concepts of neoliberalism and neoconservatism that reign in the US and the Western world - ensuring the preservation and development of the world capitalist system. Therefore, the origins of the philosophical principles of global constitutionalism are social concepts of neoliberalism and neoconservatism, which was the basis for the development of the processes of globalization in the world according to the Western model. We use a number of methods of scientific knowledge: epistemological; ontology; formal logic; dialectic; statistical; comparative legal; abstract-idealistic; specifically historical. Further development of the philosophical principles of global constitutionalism as a social concept due to their contradiction with the philosophical principles of alternative social concepts underpinning the globalization of "left" - the alter-globalization; and social concepts of the opponents of globalization, socio-political, state-legal, financial-economic life of societies and nation states as "right" - alter (isolationists, pacifists, anarchists, Marxists, green, animal advocates, human rights activists, hippies, nationalists, etc.), and "left" - modern Marxists, proletarian internationalists.
Goncharov V.V. —
Global Constitutionalism and the "Scrapping" of the National Cultural Code: Social-Philosophical Analysis
// Culture and Art. – 2016. – ¹ 6.
– P. 755 - 761.
DOI: 10.7256/2454-0625.2016.6.20623
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Abstract: This article focuses on the role of global constitutionalism in the "scrapping" of the national cultural code. The author substantiates the position that the globalization of socio-political, public-legal and financial-economic structure of national societies and States focused on formatting and the destruction of national identity, cultural, moral and religious identity. The processes of globalization result in unification and universalization of culture in global scale, on the one hand, to simplify management processes the global device and on the other hand, to prevent the creation of conditions for isolation of individual national societies and states. The author of the present article uses a number of methods of scientific research, in particular: formal-logical; historicism; forecasting; dialectic analysis; statistical. According to the author, Russia should resist the processes of cultural globalization. This confrontation should be integrated through the development and implementation of socio-political, state legal programs, activities, and systemic in nature. Otherwise, as "scrapping" national cultural code, our state is doomed to loss of its sovereignty, territorial integrity and independence.
Goncharov V.V. —
On Some Questions Regarding the Socio-Historical Genesis of Global Constitutionalism as a Social Concept
// History magazine - researches. – 2016. – ¹ 5.
– P. 483 - 492.
DOI: 10.7256/2454-0609.2016.5.20517
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Abstract: The article presents an analysis of the socio-economic, socio-political and historical-judicial conditions surrounding the establishment and development of global constitutionalism as a social concept during its main chronological stages: at the stage of forming the social concept of a global constitutionalism, determining its pillar features and formulation of global democratic values; at the stage of creating international and supranational political-judicial institutions acting as unified managerial centers of regulation and control; at the modern stage of developing the social concept of global constitutionalism including a forced exportation of constitutional democratic values on a planetary scale. The article uses a series of methods for its scientific inquiry: epistemological, ontological, formal-logical, dialectical, statistical, comparative-legal, abstract-idealistic, and concrete-historical. This article is focused on the study of the socio-historical conditions behind the emergence and development of global constitutionalism as a social concept. The author sees global constitutionalism as a social concept mediated by specific socio-historical circumstances in occurrence and development (socio-economic, socio-political and historical-legal), which in their interrelation and interdependence formed the main requirements towards the named social concept, as well determined the direction of its development.
Goncharov V.V. —
The impact of global constitutionalism on the formation of socio-philosophical concepts in Russia
// World Politics. – 2016. – ¹ 3.
– P. 37 - 52.
DOI: 10.7256/2409-8671.2016.3.19841
URL: https://en.e-notabene.ru/wi/article_19841.html
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Abstract: This article studies the impact of global constitutionalism on the formation and development of socio-philosophical concepts in the Russian Federation.The author substantiates the thesis that global constitutionalism has a significant impact on the formation and development of the modern Russian socio-philosophical concepts which, depending on the relation to the processes of globalization, socio-political, public-legal and financial-economic structure of the Russian Federation, can be divided into three large groups: justifying the positive nature of global constitutionalism for our country; criticizing the processes of globalization according to the Western model; developing alternative projects of Russia's participation in globalization processes.The article examines various neoliberal, neoconservative, liberal, conservative, Marxist, neo-Marxist, national-bolshevik, Islamic, religious and other contemporary Russian socio-philosophical concepts and their relation to the issues of globalization, socio-philosophical, public-legal and financial-economic development of the Russian Federation.We use a number of methods of scientific cognition: epistemological; ontology; formal logic; dialectic; statistical; comparative legal; abstract-idealistic; specifically historical.
Pozdnyakova U.S. —
The entertainment activities concept, its role within the educational system, upbringing and children’s leisure time organization for the purpose of their optimal psychophysiological health and development ensuring
// Healthcare. – 2016. – ¹ 2.
– P. 63 - 79.
DOI: 10.7256/2453-8914.2016.2.20147
URL: https://en.e-notabene.ru/zdravo/article_20147.html
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Abstract: The paper studies the entertainment activities concept, its role within the educational system, upbringing and children’s leisure time organization for the purpose of their psychophysiological health and development ensuring. The author believes that the entertainment activities concept is actively used at the present time in the practice of organizations and institutions of all forms of ownership in different educational and leisure events for the purpose of children’s optimal psychological and physiological health and development improvement. This fact causes the need for the conceptual analysis of this category to include it into the categorical framework of pedagogics and medicine. The author applies the statistical method, the method of historicism, comparative-legal study, the functional method, comparison, analysis and interviewing. Upon condition that the recommendations of this study are observed, entertainment activities in sports and recreation organizations for children can become the modern creative link for the use of any other pedagogical, psychological, cultural, educational and leisure technologies, thus ensuring the optimal psychological and physiological health and development of children.
Shchegolev I.B. —
On the role of the Arctic in Russia’s economic development in the 21st century
// Arctic and Antarctica. – 2016. – ¹ 2.
– P. 138 - 145.
DOI: 10.7256/2453-8922.2016.2.20164
URL: https://en.e-notabene.ru/arctic/article_20164.html
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Abstract: The paper studies the role of the Arctic in the economic development of Russia in the 21st century. The author notes that the Arctic’s role in the economic development of our country hasn’t been significant so far. It can be explained, partially, by the fact that the huge mineral resources reserves of Siberia, the Urals and Russian Far East haven’t been comprehensively explored and used. However, the change of the economic situation in the world, the fall in hydrocarbons prices and the declining of freshwater resources substantiate the necessity for Russia to join the struggle for the Arctic resources development. The author applies the set of scientific research methods: description, the formal-logical method, statistical and historical methods, modeling and comparison. The author believes that not being involved in the development of the Arctic resources, Russia will not be able to keep the leading position in the economics and the status of a military superpower; therefore, there appears the risk of its dissolution, the loss of control over its territory and the deprivation of the state sovereignty and independence.
Goncharov V.V. —
On the Arctic’s role as a strategic missile-carriers’ base (the naval component of Russia’s “nuclear triad”) in the provision of Russia’s defense potential and security
// Arctic and Antarctica. – 2016. – ¹ 2.
– P. 126 - 130.
DOI: 10.7256/2453-8922.2016.2.20317
URL: https://en.e-notabene.ru/arctic/article_20317.html
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Abstract: The paper studies the Arctic’s role as a strategic missile-carriers’ base (the naval component of Russia’s “nuclear triad”) in the provision of Russia’s defense potential and security. The author compares the contemporary conditions of the “nuclear triad” of Russia and NATO member-states of the Nuclear Club (the USA, France and Great Britain). The author notes that the most important role in foreign “nuclear triads” is assigned to subsurface launch platforms, equipped with the advanced accurate nuclear weapons, and their numbers exceed the numbers of other two components of the “nuclear triad” (land-based intercontinental ballistic missile launchers and strategic air force). Besides, the Arctic region is the most primising place for Russian subsurface nuclear launch platforms basing from the viewpoint of their secrecy and unavoidability and suddenness of an attack against a potential enemy. The author applies the set of scientific research methods: comparative analysis, statistical, formal-logical and historical methods, modeling and prognostication. The author substantiates the further necessity to develop the forms and methods of use of the Arctic as a strategic missile-carriers’ base (the naval component of Russia’s “nuclear triad”) in the provision of Russia’s defense potential and security. It will improve the defense and security of our country, damp the ardour of NATO-states, preventing them from rash actions aimed at launching a local or a global war against Russia.
Goncharov V.V., Kovaleva L.I. —
The Arctic as a zone of clash of geopolitical interests of Russia and Western countries (modern problems and the ways to solve them)
// Arctic and Antarctica. – 2016. – ¹ 2.
– P. 146 - 151.
DOI: 10.7256/2453-8922.2016.2.20326
URL: https://en.e-notabene.ru/arctic/article_20326.html
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Abstract: The paper studies the Arctic as a zone of clash of geopolitical interests of Russia and Western countries. The authors analyze the main problems of the Arctic development by the Russian Federation and other states. These problems have become topical at the turn of the 21st century, particularly, in the result of the crisis of the global capitalist system, the depletion of hydrocarbon deposits and the shortage of freshwater. The authors offer the ways to solve these problems using the complex measures, programs and decisions of political, legal and economic character. The authors apply the set of scientific research methods, including statistical, formal-logical and historical methods, analysis and prognostication. The authors believe that the comprehensive and timely solution of these problems will help conduct proper and optimal development of raw materials resources of the Arctic waters by the Russian Federation, thus promoting the development of, on the one hand, its economic and financial spheres, and on the other hand, its defense and energy independence.
Goncharov V.V., Poyarkov S.Y. —
The Arctic in the 21st century: is the military struggle for this region possible?
// Arctic and Antarctica. – 2016. – ¹ 2.
– P. 131 - 137.
DOI: 10.7256/2453-8922.2016.2.20356
URL: https://en.e-notabene.ru/arctic/article_20356.html
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Abstract: The paper studies the causes and conditions of the possible scenarios that can cause conflicts between the global and regional powers over the access to the Arctic region resources. The authors suppose that the special geopolitical position of the Arctic, its natural resources, including the hydrocarbon and freshwater reserves, will have been causing conflicts between the key geopolitical actors – Russia, the US and China – from the second third of the 21st century. The authors apply the set of scientific research methods, including statistical, formal logical and historical methods, modeling and analysis. In the authors’ opinion, Russia should clearly define and substantiate the zone of its strategic interests in the Arctic basin and continental shelf, and realize comprehensive protection of this territory using political instruments. In case of military and political blackmail on the part of NATO, Russia should peremptorily formulate the idea that Russia’s part of the Arctic region is the zone of her strategic interests and any infringement on it will be repelled using all military means.
Kovaleva L.I. —
Prevention of ethnic conflicts and the protection of human and civil rights in the Krasnodar region
// Conflict Studies / nota bene. – 2016. – ¹ 2.
– P. 129 - 133.
DOI: 10.7256/2454-0617.2016.2.20742
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Abstract: This article is devoted to the study of the experience of prevention of ethnic conflict and the protection of human and civil rights in the Federal subjects of Russian Federation (by the example of one of the most multinational regions of the country - Krasnodar Krai). This work notes that in Krasnodar Krai there is a high degree of ethnic diversity, as it houses 124 ethnic communities. However, due to the comprehensive approach for the prevention of ethnic conflict employed by the administration of Krasnodar Krai, the risk of interethnic collisions are significantly reduced.
This article uses a number of scientific research methods, including statistical, analytical, formal-logical, historical-legal, comparative method. This work provides examples of comprehensive approach to the prevention of interethnic conflicts and civil rights violations on Federal subject level (Krasnodar Krai in particular), which are practical for implementation in other regions of Russian Federation that face unsolved ethnic issues.
Steklov N.I. —
International transport corridors as a factor of economic development of the Russian regions
// Transportation Herald. – 2016. – ¹ 1.
– P. 71 - 76.
DOI: 10.7256/2453-8906.2016.1.20057
URL: https://en.e-notabene.ru/transport/article_20057.html
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Abstract: This article is dedicated to the study of international transport regions and their impact on regional economic development in the Russian Federation. The author substantiates the necessity of creation in Russia of international transport corridors that will help to boost the economic development of a number of constituent entities of the Russian Federation to attract investments in the Russian economy, provide new jobs. International transport corridors play an important role in world trade and cargo transportation in the conditions of globalization.The work justifies the need for creation of the international transport corridor "Volga-Don" enabling pass free shipping, General, container and other goods from Turkey, Ukraine, and other European countries, including Russia (Tuapse, Novorossiysk, Temryuk, Yeisk) in the ports of the Caspian countries with the help of vessels of type "river-sea".In the present scientific article has been used a number of methods of scientific research: formal-logical; logical; concrete historical; statistical; scientific and economic experience; a production of the approbation of the research results; mathematics; comparative studies.
Amosov E.V. —
On current issues of animal husbandry development in the Krasnodar region
// Agriculture. – 2016. – ¹ 1.
– P. 40 - 43.
DOI: 10.7256/2453-8809.2016.1.19997
URL: https://en.e-notabene.ru/sh/article_19997.html
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Abstract:
The present article is devoted to topical issues of development of animal husbandry in the Krasnodar region. The author examines the positive results achieved by the livestock farmers of the Kuban region by 2016. In the work the analysis of failures and defects that affect the results of operations of animal husbandry farms. The issues of application of the advanced experience in the field of breeding livestock on the territory of Krasnodar region are also being considered. The author believes that it is important to ensure food security of the Russian Federation, because it is a strategic task for overcoming Western economic sanctions and an essential condition to fulfill the goals set by the President of the Russian Federation aimed at import substitution of agricultural products and food products. For the successful solution of these problems, along with further strengthening of the forage and extensive use of the efficient production technologies, the importance lies in the qualitative improvement of herds and breeds of highly productive breeds and systematic improvement of breeding and productive qualities of the existing species. The author believes that in this regard Krasnodar Krai is the leading region of the country.
Kizim A.A. —
On certain peculiarities of economic evaluation of damage from the results of the environmental impact of transport in foreign countries
// Environmental Research. – 2016. – ¹ 1.
– P. 12 - 18.
DOI: 10.7256/2453-8833.2016.1.20040
URL: https://en.e-notabene.ru/eko/article_20040.html
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Abstract: This article presents a research on certain peculiarities of economic evaluation of damage from the results of the environmental impact of transport in foreign countries. The author substantiates a position that environmental profit equals to financial profit, which is gained as the result of a specific economic activity that contributes to the improvement of ecology. And contrariwise, environmental damage equals to financial damage, caused by environmental pollution as a result of one or another activity. A significant portion of environmental damage caused by transportation is interlinked with the discharge of hazardous substances into the atmosphere. The assessment of profits and damage allows examining an extensive range of consequences that are the result of the use of systems of organization of movements, production technologies, and means of transportation. The author analyzes the consequences of environmental pollution by transportation, as well as the most relevant ways of its evaluation that can be implemented in practical experience in the Russian Federation. It will allow improving the environmental situation in the country and encourage the transportation enterprises towards using the modern technologies along with the new means of transportation.
Kizim A.A. —
Internationalization of transport as the prerequisite for development of the global trade
// Transportation Herald. – 2016. – ¹ 1.
– P. 23 - 26.
DOI: 10.7256/2453-8906.2016.1.20035
URL: https://en.e-notabene.ru/transport/article_20035.html
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Abstract:
This scientific article is dedicated to the study of internationalization of transport as the prerequisites for development of the global trade. The author conducts a detailed analysis of the concept of internationalization of transport which is being actively used in domestic and foreign academic, scientific and specialized literature, due to the fact that in the modern conditions of economic development along with the evident trends of globalization of the world economy, internationalization of economic life, and regionalization of countries, a special significance gains the transportation of cargo that has achieved 15% of the world GDP by 2016. The article presents the author's original definition of the "internationalization of transport", which is being understood as a phenomenon in the world economy, inevitably resulting from the internationalization of all spheres of social reproduction (production and capital) as well as expressing the process of establishment and development of relationship between the national transportation systems, when such system of a single country acts as a part of the global transportation space.
Myagkov V.A. —
The features of multimodal transportation in the conditions of intensification of global trade
// Transportation Herald. – 2016. – ¹ 1.
– P. 27 - 30.
DOI: 10.7256/2453-8906.2016.1.20041
URL: https://en.e-notabene.ru/transport/article_20041.html
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Abstract:
This article is dedicated to the research of multimodal transportation in the conditions of intensification of global trade. The author substantiates the position that the multimodal transportation allows to intensify world trade, reduce the cost of freight, optimally aligning the temporary convenience of air transportation with the reliability and volume of sea freight, flexibility and low cost of long-distance transport of goods by rail and the convenience of road transportation. This work examines the main trends in the development of multimodal transport in the world, including the Russian Federation. The author believes that as the result of implementation of the multimodal transportation, the transportation of the "organized units" is being carried out through the combined use of the several modes of transportation according to the logistic technology "door to door", which allows the suppliers and recipients of products significantly reducing the cost of transportation, as well as the cost of products.
Evtushenko V.I. —
Current issues in realization of the constitutional right of citizens to a favorable environment (environmental rights)
// Environmental Research. – 2016. – ¹ 1.
– P. 19 - 24.
DOI: 10.7256/2453-8833.2016.1.20084
URL: https://en.e-notabene.ru/eko/article_20084.html
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Abstract: This article examines the current issues in realization of the constitutional right of the Russian citizens to a favorable environment (environmental human rights). The author believes that it is necessary to develop and adopt a special Federal law "On the Access to Environmental Information”, and subsequently the Environmental Code of Russia, which codifies the concept of "environmental information", as well as guarantees a statutory right of public to access any environmental information for the purpose of justified, timely, and efficient participation in the process of decision-making with regards to environmental issues to ensure the principles of sustainable development, along with the norms that regulate different types of responsibility for refusal to provide environmental information. The result of the adoption of the Russian Federal law "On the Access to Environmental Information" should be a notable acceleration of implementation of the Aarhus Conference, an absolute expansion and strengthening of the environmental human rights, and thus, further progress towards the expansion and activation of real public participation in decision-making with regards to environmental issues.
Kruglov S.M. —
On certain questions of limitation of land conveyancing next to water sources for the purpose of ensuring their environmental security
// Environmental Research. – 2016. – ¹ 1.
– P. 1 - 5.
DOI: 10.7256/2453-8833.2016.1.20105
URL: https://en.e-notabene.ru/eko/article_20105.html
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Abstract: This article is dedicated to the examination of certain questions of limitation of land conveyancing next to water sources for the purpose of ensuring their environmental security. The author substantiates a position that changes in the current legislation of the Russian Federation and legal practice of the country’s arbitral tribunal of all levels pertaining to regulation of the problem of limitation of land conveyancing next to water sources for the purpose of ensuring their environmental security, carry an inconsistent and illogical character, which is not supported by the legal doctrine. The author suggests implementing the following measures: 1) cancel the restriction of land conveyancing, established by the Item 5.14 of the Article 27 of the Land Code of the Russian Federation; 2) introduce into the legislation provisions of the direct action of the Source Water Protection the normative definition of their boundaries, or to impose on the competent authorities the responsibility for the development and approval by a specified date project zone of protection for all water bodies to be protected; 3) abandon the provision of the Source Water Protection with regards to waters that are sources of domestic water, or provide for the immediate adoption of the appropriate sanitary rules and norms.
Samokhin A.A. —
On some issues of ensuring tourism security within the system of national standards
// Environmental Research. – 2016. – ¹ 1.
– P. 6 - 11.
DOI: 10.7256/2453-8833.2016.1.20109
URL: https://en.e-notabene.ru/eko/article_20109.html
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Abstract: This article is dedicated to the examination of some issues pertaining to ensuring tourism security within the system of national standards of the Russian Federation. The author believes that introduction and development of the new generation national standards in the area of tourism is one of the principles of realization of improvement of the legal regulation of tourism. The adoption of national standards contributes into the process of unification of the conceptual framework in this field. The author also notes that implementation of measures on ensuring tourism security must not limit the rights of citizens to leisure, freedom of movement, and other travel rights. An effective legal regulation of tourism is possible in providing a complex approach towards this service sector. The proposed services must correspond with the safety norms, as their quality aimed at international standards. This will allow ensuring inclusive security in providing travel services, as well as preserve the environment in a good ecological state.
Egorov V.G. —
Features of the administrative authorization as a method of safety environment in the Russian Federation
// Environmental Research. – 2016. – ¹ 1.
– P. 25 - 30.
DOI: 10.7256/2453-8833.2016.1.20124
URL: https://en.e-notabene.ru/eko/article_20124.html
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Abstract: This article investigates the characteristics of the administrative authorization as a method of safety environment in the Russian Federation.The author believes that under the administrative methods of ensuring the safety of the environment should be understood only to those administrative-legal methods used by the subjects of the Executive authority to prevent, detect and eliminate malicious man-made and natural environmental factors related to lawful activities of citizens and organization, and also to prevent, identify and eliminate administrative offenses, emergencies, and other social situations contributing to the emergence and / or development harmful natural and technogenic factors of the environment.Depending on the direction of the administrative validation and the nature of the legal and administrative consequences associated with the use of this method, its structure is logical to allocate a number of typical types of administrative authorization: authorization security method; the method of identification of safety and security; conciliation security method, the registration method of security.In this scientific article the author used a number of scientific research methods, in particular: comparative law; formal logic; statistics; legal history; modeling; description.
Pozdnyakova U.S. —
The essence, goals, objectives, functions and elements of the system of prevention and avoidance of deviant and delinquent behavior of children in children's sports organizations
// Healthcare. – 2016. – ¹ 1.
– P. 32 - 44.
DOI: 10.7256/2453-8914.2016.1.20140
URL: https://en.e-notabene.ru/zdravo/article_20140.html
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Abstract: This article is devoted to the study of the nature, goals, objectives, functions and elements of the system of preventive measures and avoidance of deviant and delinquent behavior of children in children's sports organizations in the Russian Federation. The author substantiates the position that one of the most important areas in children's sports organizations is the activities related to psycho-physiological health, moral education, cultural and creative development and education of children in difficult life situations (including adolescents with deviant behavior and delinquency). In this regard, special attention should be paid to analysis of peculiarities of formation and functioning of system of prevention and prevention of deviant and delinquent behavior of children in activities of children's sports organizations. According to the author, only the implementation of the totality of measures in children's sports organizations can prevent deviant and delinquent behavior of children and avoid violation of social norms by minors with deviant behavior in the future, but reveal their cultural, creative and educational potential, to make them full members of civil society with socially useful behavior.
Aslynbaeva E.M. —
On some questions of modern transplantology in the Russian Federation
// Healthcare. – 2016. – ¹ 1.
– P. 21 - 26.
DOI: 10.7256/2453-8914.2016.1.20158
URL: https://en.e-notabene.ru/zdravo/article_20158.html
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Abstract: This article is dedicated to the research of the questions of transplantation of human organs and tissues in the Russian Federation. The work claims that the definition of the concept of transplantation in the modern Russian legislation seems to be incomplete, although it allows scholars to highlight exclusively the transplantation of separate organs or tissues from one human (donor) to another as the key component of transplantation. The author believes that the complex of transplantations is aimed at curing the patient and is conducted within the framework of provision of medical aid. The notion of “medical aid”, being broader in comparison to the notions of “medical work” and “medical service”, is part of the concept of “medicine”. Thus, transplantation of organs and tissues serves as one of the types of medical aid that incorporates administering medical services and carrying out work of medical nature, aimed at restoration of the health of the recipient trough transplantation of organs or tissues from the donor.
Toropov E.F. —
The Arctic in the context of optimization of development of the Russian Federation
// Arctic and Antarctica. – 2016. – ¹ 1.
– P. 68 - 74.
DOI: 10.7256/2453-8922.2016.1.20171
URL: https://en.e-notabene.ru/arctic/article_20171.html
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Abstract: This article discusses the exploration of the Arctic in the context of optimization of socioeconomic development of the Russian Federation. These issues are particularly relevant due to the fact that the Arctic increasingly becomes a sphere of interaction and cooperation of different states, as well as the point of exerting of their authority, political-military, and economic power. In the author’s opinion, the Russian Arctic is a region of certain geostrategic interests of the state and long-term economic interests of society, primarily from the perspective of development and rational use of natural resources along with maintenance of the global ecological balance. The formation of a coherent system of incentives for the development of the Arctic zone, requires the formulation and adoption a special law, which is able to set the principles of state policy and mechanisms of its implementation in the Arctic. Its defense is a question of national prestige, honor and dignity of the great power, which Russia still is.
Pozdnyakova U.S. —
On some questions of organization of entertainment activities in the sports institutions within the system of prevention of deviant and delinquent behavior of children
// Healthcare. – 2016. – ¹ 1.
– P. 27 - 31.
DOI: 10.7256/2453-8914.2016.1.20253
URL: https://en.e-notabene.ru/zdravo/article_20253.html
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Abstract: This article is devoted to the analysis of some questions of organization of entertainment activities in the sports institutions within the system of prevention of deviant and delinquent behavior of children. The author believes that the modern dynamic development of Russian society is impossible without the development and implementation of complex measures for the improvement and growth of "human capital", because man, his rights and freedoms are the supreme value that is enshrined in the second article of the Constitution of the Russian Federation. It seems clear that the improvement and growth of "human capital" in our country is impossible without providing adequate conditions for education, upbringing, rehabilitation and organization of leisure of the younger generation. A huge problem today, in the world in general, and in the Russian Federation, is the increase in the number of minors with deviant behavior, especially juvenile offenders. An important place in the education system, the education and recreation of children through the work of the children's sports organizations is the entertainment activity that is modern, comprehensive and innovative vector in this area. According to the author, the problems of the organization of the entertainment activities of sports organizations in the system of prevention of deviant and delinquent behavior of children can be solved by constructing and establishing a model of the organization of animation activities in children's sports organizations as part of the system of prevention of deviant and delinquent behavior of children and ways of their solution on the example of the Russian Federation.
Masimov A.K. —
About some questions of the organization of land registry and land management in the Republic of Kazakhstan in the light of economic reforms
// Agriculture. – 2016. – ¹ 1.
– P. 44 - 49.
DOI: 10.7256/2453-8809.2016.1.20254
URL: https://en.e-notabene.ru/sh/article_20254.html
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Abstract: This article is dedicated to the examination of certain issues of organization of land cadastre and land management in the Republic of Kazakhstan in the light of economic reforms. The author believes that the main problem of the theory and practice of land administration – establishing its functions. Each of the functions of land administration generates a set of measures, a system of elements, composition and content of which define the specific functions for this task, as well as methods and means of their solution. This allows each individual control functions to be relatively separate direction of management activities in the field of land use. The objective basis of the organization and implementation management of land resources are economic, environmental, social and other laws. This should be fundamental in determination of the functions of land administration. A change of formation is an objective need for fundamental change of target purpose of land cadastre. This is due to the fact that the earth, retaining its function as the main means of production, the spatial basis and the most important natural resource, is real estate. In this regard, each plot of land should legally to the status of the property and to be a part of property of legal entities and individuals.
Goncharov V.V. —
On certain questions of the Antarctic legal status
// Arctic and Antarctica. – 2016. – ¹ 1.
– P. 75 - 79.
DOI: 10.7256/2453-8922.2016.1.20473
URL: https://en.e-notabene.ru/arctic/article_20473.html
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Abstract: This article is dedicated to the current legal status of Antarctic. The author notes that despite the fact that this continent has been discovered by the researchers some time ago, its geographical and climatic peculiarities do not allow it to be used to the fullest extent. Moreover, the legal status of Antarctic even back in the 1960’s was based on the following principles: international character of land use; demilitarized character of the territory (with possibility to use exclusively for peaceful civilian purposes); prioritized scientific research of the Antarctic territory. However, currently, a number of problems complicates the determination of the legal status of Antarctic: firstly, there are some disputes between the countries regarding the attribution of the certain parts of Antarctic to the zone of interests of the particular national state; secondly, the number of countries who have just become the leaders in global economic development (for example, China, and India) experience difficulties with admission to the territory of Antarctic; thirdly, at the UN level there is no unified international legal act, governing the Antarctic, which would be adopted by all of the world countries; fourthly, there is no efficient mechanism for verification of the use of Antarctic by various foreign states, particularly as the place of storage (disposal) of nuclear radioactive waste or place of displacement of nuclear weapons and other military equipment; and fifthly, the absence of the organizational legal mechanism of holding the violating countries accountable.
Goncharov V.V. —
Role of the Principle of Centralism and Decentralization in Organization and Activity of State Apparatus in the Russian Federation
// Theoretical and Applied Economics. – 2014. – ¹ 1.
– P. 64 - 75.
DOI: 10.7256/2306-4595.2014.1.2020
URL: https://en.e-notabene.ru/etc/article_2020.html
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Abstract: The present article is devoted to studying the principle of centralism and decentralization in organization and activity by state authorities in the Russian Federation. The author of the article analyzes the role of this principle in the system of principes forming the basis of establishment and functioning of state apparatus in the country. The author studies the degree of reinforcement of the principle of centralism and decentralization in organization and activity of certain branches of state power. The author of the artilcle also describes a number of problems preventing from efficient implementation of the principle of centralism and decentralization in the process of formation and functioning of the Russian Federation state apparatus as well as develops and validates suggestions and recommendations on how to eliminate these problems.
Goncharov V.V. —
// Politics and Society. – 2013. – ¹ 7.
– P. 817 - 825.
DOI: 10.7256/2454-0684.2013.7.2466
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Goncharov V.V. —
// National Security. – 2013. – ¹ 6.
– P. 5 - 5.
DOI: 10.7256/2454-0668.2013.6.2570
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Goncharov V.V. —
// National Security. – 2013. – ¹ 4.
– P. 643 - 649.
DOI: 10.7256/2454-0668.2013.4.2560
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 5.
DOI: 10.7256/2454-0706.2010.5.2043
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Goncharov V.V. —
// Psychology and Psychotechnics. – 2010. – ¹ 5.
DOI: 10.7256/2454-0722.2010.5.2602
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 5.
DOI: 10.7256/2454-0706.2010.5.41414
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 4.
DOI: 10.7256/2454-0706.2010.4.2042
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 4.
DOI: 10.7256/2454-0595.2010.4.2557
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 4.
DOI: 10.7256/2454-0595.2010.4.2558
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 4.
DOI: 10.7256/2454-0595.2010.4.2559
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 4.
DOI: 10.7256/2454-0595.2010.4.2579
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 4.
DOI: 10.7256/2454-0706.2010.4.41413
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 3.
DOI: 10.7256/2454-0595.2010.3.1901
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Goncharov V.V. —
// National Security. – 2010. – ¹ 3.
DOI: 10.7256/2454-0668.2010.3.1956
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 3.
DOI: 10.7256/2454-0595.2010.3.2524
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 2.
DOI: 10.7256/2454-0706.2010.2.1860
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 2.
DOI: 10.7256/2454-0706.2010.2.41352
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 1.
DOI: 10.7256/2454-0706.2010.1.1769
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Goncharov V.V. —
// National Security. – 2010. – ¹ 1.
DOI: 10.7256/2454-0668.2010.1.1781
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Goncharov V.V. —
// Administrative and municipal law. – 2010. – ¹ 1.
DOI: 10.7256/2454-0595.2010.1.1782
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Goncharov V.V. —
// Law and Politics. – 2010. – ¹ 1.
DOI: 10.7256/2454-0706.2010.1.41328
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Goncharov V.V. —
// Law and Politics. – 2009. – ¹ 12.
DOI: 10.7256/2454-0706.2009.12.1760
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Goncharov V.V. —
// Law and Politics. – 2009. – ¹ 12.
DOI: 10.7256/2454-0706.2009.12.41324
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