Scientific Journal “Regional and municipal governance: politics, economics and law”. Volume 7, Issue 4 (22), 2020
CONTENTS
ADMINISTRATIVE LAW AND STATE REFORMS
ADMINISTRATIVE AND POLITICAL RELATIONS
ADMINISTRATIVE LAW AND STATE REFORMS
DOI 10.35775/PSI.2020.22.4.001
N.Yu. KHAMANEVA Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Moscow, Russia
V.N. MEDVEDEV Candidate of Legal Sciences, Associate Professor Associate Professor of the Department of State and Legal Disciplines The MIGS RANEPA under the President of the Russian Federation, Moscow, Russia
THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION: 20 YEARS LATER
This article is devoted to the history of the adoption of the Code of Administrative Offences of the Russian Federation, and compares the provisions of the adopted Code with the legislation of the USSR and the RSFSR on administrative offences. The authors analyze the current problems of implementing the provisions of the Administrative Code of the Russian Federation on the basis of law enforcement practice.
Key words: offense, administrative responsibility, the Protocol, the punishment, the penalty, the Executive bodies of the problem.
DOI 10.35775/PSI.2020.22.4.002
Z.K. AYUPOVA Doctor of Sciences (law), Professor of the Kazakh National Agrarian University, Fulbright scholar of the US Government, Academician of the Kazakhstan National Academy of Natural Sciences, Academician of the International Academy of Informatization, Almaty, Republic of Kazakhstan
D.U. KUSAINOV Doctor of Sciences (philosophy), Professor of the Kazakh National Pedagogical University named after Abai, Academician of the Kazakhstan National Academy of Natural Sciences, Academician of the International Academy of Informatization, Almaty, Republic of Kazakhstan
G.D. RAKHIMOVA Candidate of Sciences (philosophy), Associate Professor of the Kazakh National Pedagogical University named after Abai, Almaty, Republic of Kazakhstan
THE ROLE AND PLACE OF THE SUPREME COURT IN THE US GOVERNMENT SYSTEM
Significant part of the laws applied by American courts is the so-called case law. Case law is a set of legal principles and rules drawn up on the basis of written opinions of the courts of appeal to explain their decisions, which are mandatory in all subsequent cases. However, at present, along with case law, decisions of federal and state legislatures (statute law) are quite widely applied. In addition, in the course of judicial proceedings, many legal acts and regulations adopted by administrative bodies are often used.
Key words: judicial system, judicial structure, legal landscape, courts of first instance, courts of appeal, separation of powers, constitutional oversight, constitutional doctrine, legislative acts, state regulations, local governments.
DOI 10.35775/PSI.2020.22.4.003
V.N. MEDVEDEV Candidate of Legal Sciences, Associate Professor Associate Professor of the Department of State and legal disciplines IGSU RANHiGS under the President of the Russian Federation, Head of the administrative proceedings State Construction Supervision Committee of Moscow, Moscow, Russia
ADMINISTRATIVE RESPONSIBILITY FOR CONSTRUCTION WITHOUT A PERMIT: LAW ENFORCEMENT ISSUES
This article is devoted to the problems of law enforcement practice in case of violation of the order of construction or reconstruction of a capital construction object. The article raises problematic issues of bringing persons to administrative responsibility when detecting unauthorized construction on the territory of the city of Moscow.
Key words: administrative responsibility, Protocol, punishment, fine, supervision, authorities, unauthorized construction, problems, construction permit.
ADMINISTRATIVE AND POLITICAL RELATIONS
DOI 10.35775/PSI.2020.22.4.004
M.A. MAYSTAT Ph.D. (Candidate of Political Sciences), Associate Professor at the Department of Political Science of Institute of History and Policy of Moscow State Pedagogical University, Moscow, Russia
SOCIAL STATE BASED ON TH RULE OF LAW IN THE CONTEXT OF THE TRANSFORMATION OF FEDERAL RELATIONS (THE EXPERIENCE OF RUSSIA AND GERMANY)
The article is devoted to the study of the social and legal foundations of the state structure through the prism of federal relations, based on the practice and modern challenges for the developed welfare countries. Comparing the practice of modern development of federal relations in Germany and Russia, the author comes to the conclusion that at the federal level, the creation of a new economic, social, and intellectual space lays the conditions for a qualitatively different positioning of Russia in the world.
Key words: social state, state based on the rule of law, welfare state, Russian Federation, Federal Republic of Germany, federal relations.
DOI 10.35775/PSI.2020.22.4.005
N.P. MEDVEDEV Doctor of Political Sciences, Professor, Head of the Department of the Presidential Administration for Work with Territories (1993-1994), Moscow, Russia
FROM THE HISTORY OF THE DEVELOPMENT OF MUNICIPAL AUTHORITIES IN FOREIGN COUNTRIES: LOCAL FINANCE AND THE CAPITAL MARKET
The article analyzes the history of the development of local self-government in foreign countries before the adoption of the European Charter of Local Self-Government. The experience of European countries in solving the problems of lack of financial resources can be useful for local authorities in the Russian Federation. After the adoption of the 2020 Constitutional amendments, the status of the institution of local self-government in Russia has changed somewhat and state control over local budgets and external borrowing may increase. All these new circumstances require serious scientific analysis with the account for the experience of other countries. The materials of the information review made immediately after the adoption of the 1993 Constitution can partially fill the lack of such a comparative analysis.
Key words: municipal authorities in foreign countries, local finance, capital market, local self-government in Russia.
DOI 10.35775/PSI.2020.22.4.006
V.R. MAKAROVA Leading specialist of the Department of Administrative Proceedings Committee of the State Construction Supervision of Moscow, Moscow, Russia
SOME QUESTIONS OF THE ORGANIZATION OF THE PUBLIC POWER OF THE RUSSIAN STATE IN THE CONTEXT OF THE TRANSFORMATION OF ITS CONSTITUTIONAL AND LEGAL FOUNDATIONS
This article is devoted to the problematic issues of the transformation of the political and legal status of the power institutions of the Russian state. The article analyzes its changes in connection with the adoption of amendments to the Constitution of Russia by the Law of the Russian Federation of March 14, 2020. No. 1-FKZ. The author focuses on the organization and functioning of public power in Russia and the role of the State Council. Special attention is paid to topical issues of reforming the executive authorities.
Key words: Russian Federation, Constitution, public authority, system, State Council, executive authorities, reform, organization, status.