State institutions and legal systems
Reference:
Orlov D.V.
Legal regulation of the cost of legislation
// Law and Politics.
2024. ¹ 5.
P. 1-16.
DOI: 10.7256/2454-0706.2024.5.70122 EDN: KTKKRT URL: https://en.nbpublish.com/library_read_article.php?id=70122
Abstract:
In lawmaking, there are situations when draft normative legal acts do not reach the entry into force stage. In some cases, the reason is non-compliance with formal requirements, poor elaboration of the act, and in some cases, incorrect calculations or inexpediency of expenses. A large number of changes are often made to already adopted regulations in order to correct previously incorrect decisions, as well as adjust the financial security of their implementation. These situations are aggravated by various circumstances, including, for example, difficult economic conditions and the international situation, calling for a compromise between costs and regulatory effectiveness. Such problems and circumstances show the importance of studying the cost of legal regulation, one of the aspects of which is the study of the normative consolidation of rules regarding the determination of the cost of law-making and the implementation of accepted norms. Based on this, the subject of this study is normative legal acts that establish the need to study and fix the costs of law-making and the costs associated with planning the implementation of norms, as well as the requirements for the content of the financial and economic justification as an accompanying document of the draft normative legal act. The author comes to the conclusion that despite the significant importance and the real need for regulatory legal consolidation, the assessment of the costs of lawmaking is not regulated anywhere. On the contrary, the requirements for estimating the planned costs of legal realization are regulated in a variety of subordinate regulatory legal acts and in most cases these provisions are duplicated. Regulatory impact assessment and actual impact assessment are currently carried out in relation to business entities and other economic activities and only in relation to costs arising in connection with the fulfillment of regulatory requirements.
Keywords:
the state budget, financial and economic justification, assessment of regulatory impact, assessment of actual impact, economic efficiency of the norm, social effectiveness of the norm, bill, the cost of legal regulation, legal technology, lawmaking
Human and state
Reference:
Maliavkina N.V., Yastrebov A.E., Mosina E.I., Aleksikova O.E.
The format of public events in modern Russia
// Law and Politics.
2024. ¹ 5.
P. 17-26.
DOI: 10.7256/2454-0706.2024.5.70529 EDN: JJVMCQ URL: https://en.nbpublish.com/library_read_article.php?id=70529
Abstract:
The subject of the study is the analysis of legal norms in the organization and conduct of public events. When preparing for meetings, rallies, demonstrations, marches and picketing, the legislation provides for restrictions in order to maintain public order, preserve moral values and protect the interests of citizens. In this regard, the organizers coordinate the permissible number of participants, time, place, purpose of the event with the executive authorities of the subjects or local governments, from which reasonable proposals may be received, about any change, in order to ensure public order and protect the rights of participants in the event. At the same time, it is important to take into account the trend of recent years aimed at holding public events in an online format, in this regard, the main purpose of the study is to substantiate the need for regulatory consolidation of events in a digital format. The research methods are based on a wide application of general methods (generalization, observation), general scientific (systemic and logical), private scientific (sociological and historical) and special (comparative legal and formal legal). Special research methods were mainly used in studying the limits of restrictions during public events. The authors conclude that serious complex restrictions, initially caused by the COVID-19 pandemic, and then by the beginning of a special military operation, led to the use of an online format for public events. This entails amendments to the Federal Law "On Assemblies, Rallies, Demonstrations, Marches and Picketing" and the consolidation of a number of conditions: firstly, to provide for an online format for holding public events using digital technologies; secondly, to consolidate the requirements for holding digital events (including the choice of an online platform) and mandatory early coordination of the actions of the organizers with the executive authorities of the subject or local governments; thirdly, to introduce administrative liability for violation of the established procedure for organizing or holding a digital public event.
Keywords:
administrative responsibility, the use of digital technologies, online format of the event, limitations, protection of public order, the method of the event, the form of the event, the time of the event, public events, location of the event
History of state and law
Reference:
Pomelov K.P.
Landscaping as an object of administrative and legal protection in the Russian Empire in the XVIII century
// Law and Politics.
2024. ¹ 5.
P. 27-37.
DOI: 10.7256/2454-0706.2024.5.70855 EDN: KPZJBK URL: https://en.nbpublish.com/library_read_article.php?id=70855
Abstract:
The object of the study is the improvement of urban space in the prism of its administrative and legal protection by the state. The subject of the study is the changes in the content of the term "landscaping" during the eighteenth century. The author examines in detail such aspects of the topic as the jurisdiction of the supervisory function for offenses in the field of landscaping, as well as the varieties of these violations themselves. The analysis of normative legal acts issued by the Russian rulers makes it possible to determine which elements of public life they included in the concept of landscaping, which persons were responsible for the execution and control of compliance with established requirements. Approaches to the organization of landscaping in the capital and provincial cities of the Russian Empire are being studied. The author examines the continuity in the organization of urban planning and landscaping activities during the XVIII century. Both general scientific and special scientific research methods were used in the preparation of the work. Among the general scientific methods, analysis and synthesis were most widely used. Among the special scientific methods, the historical and legal method is of key importance, since the subject of the study involves the study of historical documents published in the Russian Empire in the XVIII century. The main conclusions of the study are the provisions that it was in the XVIII century that the origin and formation of landscaping as an object of administrative and legal protection took place. Started as a struggle with the population who did not want to accept the new realities of urban life, landscaping activities were gradually transformed into an obligatory element of the implementation of state government on an equal footing with the administration of justice and tax collection. The novelty of the research lies in looking at the history of the development of the Russian state in the XVIII century through the prism of urban amenities. With the modernization of Russian society, the cities in which this community lived changed at the same time. A sharp increase in the population led to the emergence of new and aggravation of existing problems. Epidemics and fires in densely populated cities had much more devastating consequences, therefore, in order to prevent them, it was necessary to bring urban amenities to a new level.
Keywords:
urban planning, street maintenance, city administrator, The charter of the deanery, The Russian Empire, city council, administrative and legal protection, urban space, police, improvement
Legal and political thought
Reference:
Biyushkina N.I.
The views of scientists-police officers on the problem of epidemic prevention
// Law and Politics.
2024. ¹ 5.
P. 38-48.
DOI: 10.7256/2454-0706.2024.5.68708 EDN: KMJXKQ URL: https://en.nbpublish.com/library_read_article.php?id=68708
Abstract:
The subject of the study is the provisions formulated by foreign and domestic jurists in the field of policeistics regarding the prevention of epidemic threats. The article provides a comparative legal analysis of the views of cameralist authors on these issues in antithesis with the views of representatives of social Darwinism. The aim of the study is the scientific reconstruction of the political and legal model of the functioning of state power structures, namely the executive and medical police for the prevention of epidemic diseases, presented in the works of scientists-police officers of the late XVIII – early XX centuries. Abstraction, comparative legal and content analysis were chosen as the methods of study, with the help of which the works of political scientists were studied. The scope of application of the results and their novelty lies in the awareness of the value of the accumulated social and state-legal experience in the prevention of various kinds of epidemics. In the context of the emergence of a new coronavirus infection, the problem of determining and promptly applying a set of effective anti–epidemic measures has become particularly acute, many of which had deep historical roots and were reanimated as living conditions and everyday life, on the one hand, and the imperious dictates of the state, on the other. The conclusions and results of the work were accumulated on the basis of studying the works of representatives of the science of the police state and law. It was revealed that the stated problems are historically imperishable. The complex of preventive measures of an anti-epidemic nature was developed which historically spontaneously and entered into the usual norms of everyday life in Russia since ancient times. Since the XIV century, all kinds of quarantine and other restrictive measures have been taken to counteract mass diseases. At the same time, these diverse measures had a common focus despite the various sources of origin and development.
Keywords:
medical police, Medical regulations, royal decrees, restrictive measures, government orders, normal standards, combating mass diseases, preventive measures, epidemic threat, police science
Jurisprudence
Reference:
Alekseev A.I.
Succession if the reorganization of corporation is failed
// Law and Politics.
2024. ¹ 5.
P. 49-57.
DOI: 10.7256/2454-0706.2024.5.70611 EDN: KGZBSL URL: https://en.nbpublish.com/library_read_article.php?id=70611
Abstract:
The article analyzes the consequences of the failed reorganization of the corporation and the recognition by the court of the reorganization of the corporation as invalid by referring to the nature and content of such categories as the legal personality of a legal entity and universal succession. By referring to the essence of universal transitive succession, the necessity of termination of some legal entities and the emergence of others is proved so that transactions made by those created as a result of defective reorganization remain valid, and grants made, in particular, in fulfillment of such transactions are not considered unjustified enrichment. The existence of subjective rights and obligations for legal entities created as a result of the failed reorganization is explained by their legal personality. A comparison is made of the consequences of recognizing the reorganization of the corporation as failed and recognizing the transaction as invalid, as well as the consequences of conducting a defective reorganization and making a disputed or void transaction. The methodological basis of the study was analysis, analogy, as well as deductive, comparative, hermeneutical and systematic methods. The novelty of the study lies in the conclusion about the consistency of succession when recognizing the reorganization of a corporation as invalid, despite the provisions of Article 60.2 of the Civil Code of the Russian Federation. The inconsistency of the provisions of the law on the consequences of declaring a reorganization invalid is emphasized in relation to the issue of the consistency of succession and the preservation of the validity of transactions concluded by legal entities created as a result of the failed reorganization, as well as perfect execution. It is concluded that it is impossible to compare both the consequences of recognizing the reorganization as failed and recognizing the transaction as invalid, as well as the consequences of conducting a defective reorganization and making a disputed or void transaction. This conclusion is justified by the "retroactive force" of the court's decision to declare the disputed transaction invalid, canceling the legal consequences of such a transaction. An insignificant transaction does not generate consequences at all.
Keywords:
disputed transactions, worthless transactions, invalidity of transactions, transaction capacity, active capacity, legal capacity, legal personality, failed reorganization, transitive succession, succession