Embulaeva, N., Shapovalov, A., Sluchevskii, V.G. (2022). Transformation of Certain Principles Governing the Formation and Activity of Public Authorities. Law and Politics, 11, 14–22. https://doi.org/10.7256/2454-0706.2022.11.39308
Transformation of Certain Principles Governing the Formation and Activity of Public Authorities
Embulaeva Natalia
PhD in Law
Associate professor, Kuban State Agrarian University named after I.T. Trubilin
Embulaeva Natalia , Embulaeva Natalia.
(2023)
The role of the legal service in the implementation of the systematization of legislation. Право и политика
12
.
DOI: 10.7256/2454-0706.2023.12.69380
DOI:
10.7256/2454-0706.2022.11.39308
EDN:
TIYVYM
Received:
29-11-2022
Published:
06-12-2022
Abstract: The focus of this study is public relations pertaining to the implementation of specific principles governing the establishment and operation of public authorities at various levels. The analysis centers on the principle of electing officials for legislative bodies at the state and local self-governance levels, as well as the heads of Russian Federation regions. The author explores the transformation of principles guiding the actions of public authorities by examining the interplay between public and private interests within the structures of power. Special attention is given to the principles of upholding citizen trust in state actions, the preservation of individuals, and the accountability of authorities to voters (including the institution of recalling elected officials). The study's key findings propose the incorporation of educational qualifications for officials in federal and regional government bodies into legislation. It is deemed appropriate to establish a requirement of higher education for individuals seeking positions such as state leaders, regional heads, and legislative deputies. Additionally, mechanisms for recalling all elected officials should be established in legislation, enabling the population to remove dishonest officials who fail to uphold the trust placed in them. Given demographic challenges, it is also advisable to enshrine the principle of safeguarding the well-being of individuals in the activities of public authorities.
Keywords:
government agency, public authority, principle, electability, assignability, responsibility, deputy, representative body, feedback, legitimacy
References
1. Gutorova, A. N. (2022) Problematic aspects of the election of the highest official of the subject of the Russian Federation. Constitution and Municipal Law, 8. 2. Federal Law of December 21, № 414-FZ, "On the general principles of the organization of public authority in the constituent entities of the Russian Federation." (2021). Russian Newspaper. 3. Federal law dated 06.10.2003 № 131-FZ, "On the general principles of the organization of local self-government in the Russian Federation.” (2022). http://pravo.gov.ru 4. Central Election Commission of the Russian Federation: information on ongoing elections and referendums. www.izbircom.ru. 5. Papadopulos, A. N. & Shapovalov, A. V. (2020) The evolution of constitutional and legal culture in Russian society. Epomen, 45, 98–106. 6. Pavlisova, T. E. & Embulaeva, N. YU. (2018) The principle of maintaining trust in the law and the actions of the state (protection of legitimate expectations) in Russian law: problems and prospects. Law & Politics, 4, 1–10. 7. Potapenko, S. V., Luparev, E. B., Embulayeva, N. Y. [et al.] (2017) The moral foundations of legal liability (criminal, administrative, tort). Astra Salvensis, 2017, pp. 825–839. 8. Luparev, E. B., Dzidzoev, R. M., Epifanova, E. V. & Embulaeva N. Y. (2018) Legal defense of foreign citizens and non-citizens' economic rights and interests from criminal offense and other incidents. European Research Studies Journal, 21(1), pp. 243–249. https://doi.org/10.35808/ersj/1175. 9. Migushchenko, O. N. (2022) Unified system of public authority as a factor of national security of the Russian Federation. Municipal Service: Legal Issues, 1. 10. Semenova, I. YU. (2018) Saving people as a factor of social policy in the context of the strengthening of Russian statehood. Oeconomia et Jus, 2. https://cyberleninka.ru/article/n/narodosberezhenie-kak-faktor-sotsialnoy-politiki-v-usloviyah-ukrepleniya-rossiyskoy-gosudarstvennosti 11. The charter of the municipality of Yeravninsky district of the Republic of Buryatia (adopted by the decision of the Council of Deputies of the municipality Eravninsky district of the Republic of Buryatia dated 23 November 2012, № 56/1). https://base.garant.ru/29527871/ 12. The charter of the municipal formation of the city of Krasnodar (to be adopted by the City Duma of Krasnodar). (2003). https://krd.ru/dokumenty/dokumenty-gorodskoy-dumy/ustav-munitsipalnogo-obrazovaniya-gorod-krasnodar/ 13. Law of the Krasnodar Territory "On the procedure for recalling the head of the administration (governor) of the Krasnodar Territory" (adopted by the Legislative Assembly of the Krasnodar Territory on January 30, 2013). http://pravo.gov.ru/proxy/ips/?doc_itself=&backlink=1&nd=140018586#I0 14. Grebenyuk, V. V. (2018) Recall of a State Duma Deputy as an Element of the System of People's Representation: Problems and Prospects of Constitutional and Legal Regulation. Electronic Supplement to the Russian Legal Journal, 1. https://cyberleninka.ru/article/n/otzyv-deputata-gosudarstvennoy-dumy-kak-element-sistemy-narodnogo-predstavitelstva-problemy-i-perspektivy-konstitutsionno-pravovogo
Peer Review
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A REVIEW of an article on the topic "Transformation of certain principles of formation and activity of public authorities". The subject of the study. The article proposed for review is devoted to the issues of transformation of "... certain principles of formation and activity of public authorities." The author has chosen a special subject of research: the proposed issues are examined from the point of view of constitutional, administrative and municipal law, while the author notes that "The effective functioning of the entire system of state bodies is possible only if a balance is ensured between the implementation of public and private interests." The NPA of Russia relevant to the purpose of the study is being studied. A certain amount of scientific literature on the stated issues is also studied and summarized, analysis and discussion with the opposing authors are present. At the same time, the author notes: "There are two principles of formation of public authorities, namely, electability and appointability." Research methodology. The purpose of the study is determined by the title and content of the work: "... the legitimacy of power directly depends on compliance with the principles of formation of power structures", "The principle of electability, in our opinion, should be the basis for the formation of federal public authorities, as well as in the formation of legislative bodies of subjects and senior officials of subjects." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and partially influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of the current NPA. In particular, the following conclusions are drawn: "... on the formation of local self-government bodies. It seems that these power structures, being closest to the people, should be created exclusively by election," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "... the balance between the exercise of public and private interests. This becomes possible due to the implementation of the principles of formation and activity of government bodies." And in fact, an analysis of the opponents' work should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is the following: "... the principle of responsibility of bodies and officials to voters. It should be recognized that it is absolutely fair to consolidate provisions in normative acts, according to which it is possible to recall an elected official in case of loss of trust on the part of the population." As can be seen, these and other "theoretical" conclusions "It seems advisable to consolidate the possibility of recall by the population of all elected officials of public authorities" can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Law and Politics", as it is devoted to the transformation of "... certain principles of formation and activity of public authorities." The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature presented and used should be highly appreciated. The presence of modern scientific literature has shown the validity of the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author has analyzed the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of individual opponents, and offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical, specific "It seems advisable to legislate the current mechanism for the recall of elected officials at all levels of public authority, since it will comply with the principle of democracy and increase the effectiveness of the functioning of government structures, increase their personal responsibility, and consequently, increase public confidence in the government." The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing".
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