Reference:
Kravchenko O.A..
Foreign experience in determining the validity of the will of the people
// NB: Administrative Law and Administration Practice.
2024. № 2.
P. 30-52.
DOI: 10.7256/2306-9945.2024.2.43438 EDN: EQZQUM URL: https://en.nbpublish.com/library_read_article.php?id=43438
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Abstract:
The subject of the study is the experience of foreign countries in the field of the authenticity of the will of the people when voting on direct forms of democracy. The paper examines democracy and the identification of the will of the people in Germany. It is proposed to distinguish broad and narrow approaches to understanding reliability when it comes to identifying the will of the people. Thus, a narrow approach is relevant only to the correctness of the vote count, and then the credibility of the will of the people should be defined as the correspondence of the final voting protocol to the actual will of the people, and with a broad approach it is proposed to consider it as the correspondence of the will of the people to the true and free will of the people. The classification of types of distortions of the will of a citizen (based on their nature) is revealed. The main conclusions of the study are the results of studying the foreign practice of organizing the determination of the reliable expression of the will of the people in direct forms of democracy. In a number of positions, foreign experience can be borrowed. Thus, it would be justified to legislatively and constitutionally consolidate the increasing importance of political parties in the sphere of forming the will of the people. Taking into account foreign experience, it is possible to introduce specific measures of criminal and civil liability of a casuistic orientation for non-fulfillment or violation of the procedural norms of the electoral process stipulated by law, entailing distortion of the will of voters. It seems that there is a need to introduce responsibility to the people and the entire deputy corps of the legislative authority as a whole, that is, the introduction of a popular vote of no confidence in this composition of the legislative authority if there are doubts about the reliability of the results of determining the will of the people. As guarantees of the real implementation of democracy and the power of the people, it would be necessary to provide for the adoption of the most important legislative acts in the field of determining the authenticity of the will of the people, only if there is a popular initiative.
Keywords:
delegation, power, the will of a citizen, voting, democracy, the will of the people, direct forms of democracy, votes, people, majority of votes
Reference:
Yakunina A.V..
Protection of privacy in the era of digital communication development
// NB: Administrative Law and Administration Practice.
2024. № 2.
P. 53-62.
DOI: 10.7256/2306-9945.2024.2.70695 EDN: EPDVQZ URL: https://en.nbpublish.com/library_read_article.php?id=70695
Abstract:
This article examines the influence of technological progress on ensuring and protecting the privacy in the context of expanding digital communications. The level of expectations of a specific society regarding the state of privacy serves as a benchmark, either stimulating or weakening actions to improve national legislation. A sensitive attitude towards the perception of technology, based on common sense, will help avoid obvious violations of proportionality and maintain a balance between private and public interests in society. The author analyzes the impact of digital technologies on private life with the expansion of state support in this area, using the most influential corporations, Palantir Technologies Inc. and Cambridge Analytica, as examples, and proposes effective measures to safeguard personal data in the modern digital world. In preparing this article, a complex of methods was used, including comparative legal analysis, systemic analysis, historical legal method, and empirical methods for analyzing the practical implementation of legal norms. The scientific novelty of the research is determined by a comprehensive and thorough analysis of the impact of digital technologies on privacy, as the applied information technologies provide a greater opportunity for both conscious and unconscious violations of rights and freedoms. Additionally, the article discusses the ethical and legal aspects of using personal data of citizens and provides recommendations for improving confidentiality in the digital age. In this regard, the issue of privacy in the context of the evolution of digital communications becomes particularly relevant. The conclusion of the article discusses the importance of balancing public and private interests in the field of digital technologies and data protection and proposes ways to address this complex issue in the interests of all stakeholders.
Keywords:
impact assessment, transparency report, data protection, Cambridge Analytica, Palantir Technologies, digitization, personal data, confidentiality, privacy, digital communications
Reference:
Usov A.Y..
On the organization of prosecutorial and supervisory support for the implementation of the national project “Ecological Well-Being”
// NB: Administrative Law and Administration Practice.
2024. № 2.
P. 63-74.
DOI: 10.7256/2306-9945.2024.2.71106 EDN: EVNXVE URL: https://en.nbpublish.com/library_read_article.php?id=71106
Abstract:
The author examines the relations between the Prosecutor's Office of the Russian Federation and supervisory support in the field of implementation of a national project in the field of ecology. The subject of the research is the practice of the prosecutor's offices of the constituent entities of the Russian Federation and the Prosecutor General's Office of the Russian Federation, the case law of the Supreme Court of the Russian Federation, the legislation of the Russian Federation and organizational and administrative documents of the Prosecutor General of the Russian Federation, the works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method; system method; methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The author examines the organization of supervisory support for national projects, in particular, the problems that arise during work with sources of information about violations of laws, the organization of systemic information interaction with the objects being inspected, the distribution of responsibilities among prosecutors, the formation of departmental reporting, interaction with specialists (experts) during inspections, as well as during inspections at various stages of implementation of national projects. The work classifies typical violations and analyzes specific examples at various stages of national project implementation, such as: organizing and conducting procurement; implementation of government contracts; payment of government contracts and other expenditure of budget funds; organization and implementation of subsequent maintenance of purchased equipment and constructed facilities. The author also substantiates the need to create a single expert institution in the Russian Federation.
Keywords:
environmental well-being, national project, law, supervisory support, ecology, prosecutorial activity, environment, prosecutor supervision, prosecutor's office, prosecutor
Reference:
Usov A.Y..
Prosecutor's science: current state and development trends
// NB: Administrative Law and Administration Practice.
2023. № 4.
P. 1-8.
DOI: 10.7256/2306-9945.2023.4.44189 EDN: YZWXCJ URL: https://en.nbpublish.com/library_read_article.php?id=44189
Abstract:
The article is devoted to the study of the history, current state and trends in the development of prosecutorial science in the Russian Federation. Currently, legal science is undergoing a reform associated with the process of consolidation of scientific specialties. The article defends the need to preserve prosecutorial science as an independent branch of legal knowledge, characterized by a whole galaxy of outstanding scientists engaged in the study of the theory of prosecutorial activity, an independent system of scientific and educational organizations that form scientific schools in this area, and, finally, a detailed elaboration of the scientific foundations of the functions and areas (areas) of the prosecutor's office, a doctrinal approach to the development and functioning of the prosecutor's system. The main conclusions of the conducted scientific research are the ideas that at present there is a steady trend towards the separation of prosecutorial science into an independent branch of scientific knowledge. The article also contains proposals for a more detailed definition of the scientific branch 5.1.2 – "Public law (state law) sciences" of the content of scientific research devoted to prosecutorial science, which, in addition, would make it possible to more accurately distinguish scientific research also devoted to the study of prosecutorial supervision, which, however, are conducted within the framework of scientific branch 5.1.4 "Criminal law sciences".
Keywords:
prosecutor, legal science, scientific specialty, state legal sciences, public law sciences, prosecutorial science, prosecutorial activity, prosecutor supervision, prosecutor's office, dissertation research
Reference:
Paschenko I.Y..
Counter-sanctions information and restriction of information dissemination in the context of sanctions pressure on the Russian Federation
// NB: Administrative Law and Administration Practice.
2023. № 3.
P. 45-54.
DOI: 10.7256/2306-9945.2023.3.43820 EDN: VKMARZ URL: https://en.nbpublish.com/library_read_article.php?id=43820
Abstract:
The article examines counter–sanction information - a new category or type of information for domestic information and legal regulation. The concept of "counter-sanction information" appeared in the legislation in connection with the increased sanctions pressure of foreign states on the Russian Federation at the beginning of 2022. Regulation of the procedure for the dissemination of such information is designed to reduce the risks of taking restrictive measures against Russian legal entities and individuals who are participants in foreign economic activity. The author examines these norms on information, in particular the definition, analyzes the restrictions arising from the recognition of information as counter-sanctioned, the circumstances associated with the onset of legal liability. In the course of the research, scientific methods were used: analysis, generalization, comparison, modeling. The use of the formal legal method and systematic interpretation allowed us to form an idea of the counter-sanction information. The problem under consideration has not been practically investigated in Russian science. It is assumed that the legislator formulates a new special legal regime of information in the context of the development of counter-sanctions regulation, ensuring the protection of private and public interests. At the same time, the risks that have arisen in the activities of entities that freely disseminate information, including mass information, are analyzed. As a result of the conducted research, the conclusion is formulated that under the conditions of sanctions, freedom of information is reduced, and the volume of information previously open and accessible to an unlimited number of people may gradually decrease due to the development of counter-sanctions regulation.
Keywords:
foreign economic activity, information legislation, unfriendly countries, restrictive measures, sanctions, legal regime of information, data, dissemination of information, counter-sanction information, information
Reference:
Paschenko I.Y..
The Development of the Information Society in the Russian Federation: digital Information, information Technology and public Administration
// NB: Administrative Law and Administration Practice.
2022. № 3.
P. 58-68.
DOI: 10.7256/2306-9945.2022.3.38578 EDN: QSVTWK URL: https://en.nbpublish.com/library_read_article.php?id=38578
Abstract:
In the presented work, the author explores the development of the information society in the Russian Federation. Among the main factors influencing the transformation of public administration, the use of digital information and the use of information technologies by public authorities and local self-government are highlighted. The subject of the study is the legal regulation of relations arising in connection with the use of information in digital form and technologies related to its processing for management purposes. The task set by the author is due to the identification of trends in the development of information activities of public authorities. It is noted that in the current conditions, communication between citizens and the state is changing due to the emergence of new management mechanisms. The main hypothesis of the study is that the process of changing the electronic form of phenomena and categories to their more modern analogue in the perception of management subjects, which has a digital embodiment, is fixed. Digitalization did not become an unexpected phenomenon, it was preceded by the process of automation and informatization in public administration. The novelty of the research lies in the theoretical substantiation of the need to establish a continuous information exchange between the state and citizens by providing the population with permanent access to information and opportunities for its independent use, including automated processing. The practical value of the work is due to the consideration of the process of changing the provision of state and municipal services from the perspective of management activities and the new concepts of "superservice" and "monoservice". Conclusions are drawn about the stability of the existing regulatory framework for the development of public administration in the context of the digital transformation of society and the need for timely, point-by-point regulation of information legal relations of a public nature.
Keywords:
public services, information systems, information technology, digital information, information activities, management activities, public administration, electronic democracy, electronic state, digital state
Reference:
Rouvinsky R.Z., Komarova T..
Social Credit System in the People's Republic of China: normative legal framework and principles of functionality
// NB: Administrative Law and Administration Practice.
2020. № 4.
P. 18-53.
DOI: 10.7256/2306-9945.2020.4.34365 URL: https://en.nbpublish.com/library_read_article.php?id=34365
Abstract:
This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.
Keywords:
Administrative Law, public administration, Big Data, sources of law, legislation of the PRC, Chinese law, blacklists, social credit system, national databases, socialist legal system
Reference:
Aleva-German E..
Principle of centralization of branches of the Office of the Prosecutor General of the Russian Federation: evolution and current state
// NB: Administrative Law and Administration Practice.
2020. № 4.
P. 11-17.
DOI: 10.7256/2306-9945.2020.4.34622 URL: https://en.nbpublish.com/library_read_article.php?id=34622
Abstract:
This article examines the current state of legal regulation of organization and activity of the Office of the Prosecutor General of the Russian Federation from perspective of the principle of centralization of its branches defined in legal science. Analysis is conducted on the existing scientific viewpoints pertaining to the principle of centralization. Emphasizes is places on the polemical nature of the approaches towards this principle. The author draws parallel with the principle of uniformity of the branches of Prosecutor's Office, as well as turns to the most remarkable historical stages of its emergence and establishment. The article explores the impact of transformations that occurred as a result of the 2020 constitutional reform upon the current state of legal regulation of the principle of centralization. Amendments to the Constitution of the Russian Federation that stem from the major constitutional reform of 2020, as well as subsequent amendments introduced into the corresponding Federal Law “On the Prosecutor's Office of the Russian Federation” significantly affected the legal consolidation of the principles of organization and activity of the Office of the Prosecutor General of the Russian Federation. Based on the analysis of peculiarities and characteristics of the principle of centralization of the branches of Prosecutor's Office, and their comparison with the wording of the current legislation, the author claims evident weakening of this principle. The author stresses the need to put every effort with regards to lawmaking activity on the regulatory and departmental levels aimed at preserving this principle. .
Keywords:
the principle of unity, constitutional reform, the principle of centralization, principles of the prosecutor’s office, organization of the prosecutor’s office, prosecutor’s activity, prosecutor’s office, the system of bodies of Prosecutor's office, centralization of the Prosecutor's office, the rule of law