Authority and management
Reference:
Makarov I.N., Shelud'ko A.S., Drobot E.V.
The need to clarify the understanding of the category of public-private partnership in domestic legislation
// Law and Politics.
2023. ¹ 10.
P. 1-14.
DOI: 10.7256/2454-0706.2023.10.44067 EDN: ZATNVD URL: https://en.nbpublish.com/library_read_article.php?id=44067
Abstract:
The subject of the study is public-private partnership as a legal category. It should be noted that the introduction of the PPP system into the Russian legal system (practice) has become one of the most important decisions taken by the government to stimulate the economic growth of the country. The authors analyze the essence and interpretation of public-private partnership as a complex economic and legal phenomenon that constitutes the interaction of the state and private sector entities in the framework of the implementation of socially significant projects. The research methodology is based on the use of general scientific and private scientific methods (analysis, comparison, generalization, etc.), methods of studying the genesis of the phenomenon, interpretation of the structure and content of political and legal doctrines, as well as comparative and structural analysis, allowing to reveal the essential characteristics of the phenomenon under study. As a scientific novelty, the authors propose a number of additions to the Federal Law-224, including an augmented approach to the definition of public-private partnership. The authors noted that the criterion for generating goods (public, as well as mixed and mixed communal goods), in particular, during the implementation of other forms of agreements, should become a criterion for separating other forms of agreements between the state and representatives of the private sector – economic entities and what can (should) be classify it as a quasi-PPP, and the presence of 2 other signs is a dividing line between a quasi–PPP and a "full-fledged" public-private partnership.
Keywords:
benefit, society, law, consumption, project, communal benefit, public good, private partner, state, public-private partnership
Law and order
Reference:
Usov A.Y.
On the powers of the prosecutor to initiate disciplinary proceedings
// Law and Politics.
2023. ¹ 10.
P. 15-23.
DOI: 10.7256/2454-0706.2023.10.68746 EDN: UGMOFI URL: https://en.nbpublish.com/library_read_article.php?id=68746
Abstract:
The object of scientific research is the social relations that develop in the sphere of application by prosecutors of the Russian Federation of powers to initiate disciplinary proceedings. The subject of the study is the practice of prosecutor's offices of the Russian Federation in bringing guilty persons to disciplinary liability, legislation of the Russian Federation and foreign countries, organizational and administrative documents of the Prosecutor General of the Russian Federation, works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method, methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The main conclusions of the study are to substantiate the mandatory requirement of the prosecutor to bring the perpetrators to disciplinary liability, since this is dictated not so much by the formal requirements of statistical reporting, but by the need to ensure the prevention of law violations. The scientific novelty lies in the proposals formulated by the author to legislatively consolidate the powers of the prosecutor or his deputy to initiate disciplinary proceedings, mandatory for the authorities specified in paragraph 1 of Article 21 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”. The work contains specific proposals for amending Article 21 of the Law on the Prosecutor's Office.
Keywords:
disciplinary action, disciplinary liability, local authorities, authorities, prosecutor's demand, prosecutorial activity, prosecutor supervision, prosecutor, prosecutor's office, disciplinary proceedings
Legal and political thought
Reference:
Gorban V.S., Gruzdev V.S.
About the realism of legal realism
// Law and Politics.
2023. ¹ 10.
P. 24-37.
DOI: 10.7256/2454-0706.2023.10.68817 EDN: MXZIJS URL: https://en.nbpublish.com/library_read_article.php?id=68817
Abstract:
The article discusses the problems of clarifying the nature, content and orientation of legal realism, which has become a popular modern approach to understanding law, primarily related to the history of legal thought in the United States, as well as the works of some Scandinavian authors of the twentieth century. The article demonstrates that legal realism in the interpretation of American and Scandinavian authors often reproduces realism in a peculiar way as a technique of epistemological and ontological nature. As a kind of original paradigm for understanding issues of legal practice and overcoming gaps in legal regulation, American legal realism can be an interesting object of study, however, as a theoretical concept or methodological technique, it has many vulnerabilities, which are especially evident when properly reconstructing the history of legal thought. The novelty of the research lies in highlighting the problems of legal realism from a critical position, both in terms of its name and semantic content. The study draws parallels between the ideas of Marxism about the prospect of the extinction of over-the-top phenomena, such as law, and the slogans of American legal realists about the need to fight theory and conceptualism. New directions and perspectives of the analysis of the history of legal thought of the twentieth century are outlined, which make it possible to more accurately identify the actual scientific and cognitive potential of approaches claiming a realistic understanding of law. It is shown that the requirement of reasonableness and overcoming excessive dogmatism are a cross-cutting theme for the history of legal thought.
Keywords:
american legal thought, normativism, pragmatism, understanding the law, legal realism, marxism, history of legal thought, instrumentalism, economic basis, legal superstructure
Transformation of legal and political systems
Reference:
Sekretaryov R.V.
Superficies in foreign countries: history and modernity.
// Law and Politics.
2023. ¹ 10.
P. 38-49.
DOI: 10.7256/2454-0706.2023.10.44162 EDN: OWMXJM URL: https://en.nbpublish.com/library_read_article.php?id=44162
Abstract:
The institution of superficiality originated in Ancient Rome and exists in various models today in the legal systems of many countries, which proves the high value and universality of this legal structure. He was analyzed as classics of the law of the past centuries, and there are modern leading civilists. However, as our research has shown, not all the achievements of foreign specialists in the field of civil law are available to domestic theorists. This is explained both by the significant amount of accumulated information itself and by the difficulty of choosing it when preparing specific scientific publications. The author understands the monumentality of the raised problem and sought to focus on those aspects of it that other Russian scientists do not always pay attention to in their publications. The novelty of the undertaken research is the introduction into the domestic scientific circulation of modern English-language publications on the legal regulation of superficies in the countries of Eastern and Central Europe and Japan. The relevance of the article is seen in an attempt to use the examples of foreign legislation to assess the prospects for using this concept to improve Russian legislation. In addition to the formal legal method, which is traditionally the main tool for the author, the comparative legal method, typology and classification were used in the preparation of the article. The object of the study is legal relations mediated by the institute of superficies. The subject of the study is the legislative acts of modern foreign states and the norms of law governing super-official relations in earlier historical periods.
Keywords:
lease obligations, private law, divided ownership, owner, land plot, construction, land, right of ownership, right of superficies, real right
Transformation of legal and political systems
Reference:
Brambila Martinez F.
Constitutional amendments as a mechanism to pursue different goals in the context of internal and external challenges
// Law and Politics.
2023. ¹ 10.
P. 50-67.
DOI: 10.7256/2454-0706.2023.10.44172 EDN: PMFDFL URL: https://en.nbpublish.com/library_read_article.php?id=44172
Abstract:
This article reviews the constitutional evolution of Russia and Mexico in order to determine the causes for their current differences regarding their policies and governance systems after sharing similar characteristics during their political and economic liberalization period over three decades ago. The subject of this research are constitutional amendments, their frequency by type (article or section) and initiators (institutions and actors) in both countries. Results are compared with the main theories of the main experts in the field as well as speeches by leading government figures to identify and explain discrepancies. The goal consists in finding the causes and purposes of constitutional amendments to determine a hierarchy of actors and their capacity and instruments required in establishing national policies. In order to achieve the research goal, the author carries out a comparative analysis regarding the evolution of both nations at a political and constitutional level, furthermore, external threats are analyzed regarding their ability to influence the decisions behind the main actors regarding the overall course of both nations. In conclusion, the author underlines the importance in initial position of the country within the larger order of nations as a determinant in its course regardless of the implementation of foreign policies and practices. In the same manner, the role of the Mexican and Russian presidents as regulators of the internal power dynamics and overall system of governance is noted in both countries. This article represents a conceptual framework for supporting constitutional studies in the context of comparative analysis to assess the capacity of government institutions in reacting to the challenges of their external context. The detailed theoretical and practical approach towards analyzing constitutional amendments was conducted by means of comparing a quantitative and qualitative analysis that allowed determining the prospects of a standardized system for future comparative studies.
Keywords:
international trade, globalization, referendums, institutional instruments, state institutions, presidential agenda, President, external challenges, law, Constitutional amendments