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Courier of Kutafin Moscow State Law University (MSAL))

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No 9 (2019)
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EXPERT OPINION

27-36 251
Abstract
Based on the scientific heritage of V. I. Fadeev, the monograph “The Institute of State and Municipal Services in the Contemporary Law of the Russian Federation" (ed. V. I. Fadeev. M., 2016. 208 p.), The author of the article dwelled on some of the problems and contradictions in the field of public services in general and municipal services in particular, which, if properly worked out, can prevent a lot of risks when incorporating this institution into the legal reality of Russia: difference and content, as well as the legal consequences of the terms “service” and “work" in line with the provision of state and municipal services; fixing the standard of public services; assessment of the expert community and civil society institutions necessary today for the existing system of state and municipal services, etc. The opinion was expressed that the quality and accessibility of services is a step towards restoring citizens' trust in public authority. To draw the attention of lawmakers to the constitutional values and foundations of the organisation of society and the Russian state when regulating mechanisms for the provision of public services: the inadmissibility of substituting state obligations for public services; evasion of constitutional values in the process of sectoral and, moreover, by-laws regulating the mechanism for providing public services.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ПРОБЛЕМЫ ПАРЛАМЕНТАРИЗМА

37-48 236
Abstract
This article discusses problems of content and correlation of the notions of ‘representation of the people' and ‘parliamentarism’, their essence, evolution and current state.
49-58 274
Abstract
The article substantiates the expediency and relevance of the development of administrative and political functions of parliamentary control. The proposed changes will become trends and will lead to an increase in the effectiveness of certain forms of parliamentary control, as well as a guarantee of stabilization of public administration and the development of dialogue between the government and society. Currently, the legislation does not establish a General framework and does not contain detailed regulation of individual procedures for the exercise of parliamentary control. The law does not define the key directions in relation to the forms, methods and organization of parliamentary control in the subjects of the Russian Federation, but is limited to the unsystematic regulation of its individual mechanisms carried out at the Federal level. The political function of parliamentary control is significantly increased when information about its procedures and results is brought to the attention of representatives of state and local authorities and become part of the public debate. In order to develop the political function of parliamentary control, the trend of expanding the scope of application of the principles of openness and transparency of its procedures becomes obvious. The importance of the system of law and the effectiveness of any law is determined by its use in practice. The introduction of the proposals formulated in the article will significantly increase the authority of the legislative branch in the system of checks and balances, positively transform the role and importance of the Federal Assembly of the Russian Federation in the unified organizational system of the state, as well as in the socio-political life of the country.
59-68 280
Abstract
In the article a review of the significant works of V. I. Fadeev in which an outstanding Russian scientist discusses the symphony of authorities and collegiality in the context of the moral and spiritual foundations of the activity of representative bodies and the moral coordinates of people’s representation. The most significant scientific findings of V. I. Fadeev is as sociated with the definition of the role of national traditions of the representation of the people. The brightness of the idea is that the basis of popular representation is the moral and religious consciousness of the people, their spiritual and cultural views, the need to take into account the organic connection of the institutions of power, democracy with the inner life of people, their customs and traditions. V. I. Fadeev's ideas are evaluated in the article through the prism of the modern Russian secular state, its possibilities as a multi-confessional to interact with the Church on the basis of partnership and mutual influence. The system of scientific views of V. I. Fadeev about the Symphony of the authorities and conciliarity served as an impulse for the development of the ideas of national representation in the context of traditional spiritual and moral values of the Russian statehood.
69-79 210
Abstract
In the year of the 70th anniversary of the birth of the outstanding Soviet and Russian scientist Vladimir Ivanovich Fadeev, the author turns to his scientific ideas, comprehending the ways of their development and the possibility of application in modern Russia. The most notable works from the extensive scientific heritage of Professor V. I. Fadeev are devoted to the problems of national representation and local self-government. First of all, he turned to the origins of the people's representation and elections and saw them in the conciliarity and Symphony of the authorities as the spiritual and moral principles of the functioning of the government, its interaction with the people. The article identifies some of the problems that Professor V. I. Fadeev put in his works and the author’s view on possible ways to improve people's representation and elections, local government in the context of the development of V. I. Fadeev’s ideas.

АКТУАЛЬНЫЕ ПРОБЛЕМЫ РЕФОРМИРОВАНИЯ КОНСТИТУЦИИ

80-86 272
Abstract
Interest in the problem of constitutional change is due to objective reasons. Constitutional amendments have become increasingly used as a tool to adapt to changing social realities, and these processes have affected not only developing but also developed countries. There is a contradiction in the very nature of the Constitution, as there are needs to protect it and bring it in line with new realities. Modern constitutions have become more technological, as constitutional practice offers a variety of examples of institutions' regulation. In modern conditions, the involvement of citizens in the process of their development and use of information technologies have become new trends in the process of constitutional change.
87-96 325
Abstract
The article analyzes the peculiarities of stylistics and language of constitutions on the historical material - the texts of constitutions of the Soviet period. The thesis about the allocation of the constitutional sub-style within the framework of legislative stylistics is substantiated. It is characterized by a combination of features of a literary and artistic work and a legal document. The thesis that the constitutional texts can be considered also as acts of political communication is put forward and proved.

КОНСТИТУЦИОННО-ПРАВОВЫЕ ПРОБЛЕМЫ ЦИФРОВИЗАЦИИ

97-102 848
Abstract
The Modern stage of development of public relations is characterized by the rapid development of scientific and digital technologies. In fact, all social relations acquire a significant scientific and informational component. The intensive development of science, rapid technological progress, being the main characteristics of modern society, cannot but affect the ethical and legal foundations of the latter's life, including in relation to the realization of human rights, especially in the context of the emergence of a new type of human rights-'digital” rights. The article discusses the problematic issues of human rights in the conditions of mass digitalization of modern social relations, shows that the era of digital technologies gives a completely new and qualitatively different opportunities for the realization of human rights and freedoms. At the same time, the author believes that the widespread use of digital technologies not only ensures the realization of human and civil rights and freedoms, but also sometimes directly affect many fundamental human rights, up to their violation. And this objectively sets the state the task of solving the problems of ensuring human rights, which are already emerging and, of course, will arise in the future as Russian society develops.
103-113 457
Abstract
In the article in the loving memory of Professor V. I. Fadeev, the spotlight is given to the contemporary information technologies in the electoral process and the need for adequate legal regulation in the conditions of the current trend towards digitalization of the economy (digital economy) and society as a whole. This trend did not appear out of nowhere. For a long time the State Automated System “Vybory”, based on the use of various software products and developing in terms of content and functional application, as well as machines, mechanisms and technologies, partially lifting the need for routine manual labor, have been in use. The movement towards digital economy is likely to push the processes of digitalization of elections. On 8 September 2019 the country will hold for the first time a remote electronic voting at three polling stations in Moscow. However, the digitalization of such a political process as elections, which affect various interests of large groups of citizens, cannot be fast and take place outside the legal field created by the right to vote. A democratic reform of Russia’s electoral law will be required.
114-122 626
Abstract
The transition to digital technologies in the economy, business, social sphere creates the need for their legal regulation. Scientists actively discuss the problems of interaction and influence of digitalization and law. The article analyzes the current views on the phenomenon of digitalization, the existing legal framework of digital reality. The characteristic of the Federal project “Normative regulation of digital economy" designed to bring digitalization into the legal field is presented. The influence of the new Federal laws on the involvement of citizens in the process of digitalization and improving their lives are shown. Legal registration of electronic civil turnover is necessary because today the existing contractual relations with the use of smart contracts, blockchain technology remain without legal formalization. The article examines the features of legal regulation of digital platforms in legal proceedings, notary and other areas. The practical value of the study is to systematize the scientific understanding of the legal mechanisms of regulation of modern technologies.
123-133 242
Abstract
The article examines Professor Fadeev’s views on the essence, forms and problems of legitimization of public power in modern Russia. the impact of the process of digitization of public relations in recent years on certain forms of legitimization (elections, public initiatives). Particular attention is paid to the use of the latest information and telecommunications technologies in order to create a voter-friendly voting environment (tested models of “mobile voter", “digital precinct”, “remote to expand the range of voters»), ensure their free expression and minimize electoral wrongdoing. The pros and concerns of the use of the system of accumulation of public initiatives on the portal “Russian Public Initiatives” with the promotion of them for adoption by the public authorities have been revealed.
134-139 242
Abstract
The article discusses the right of citizens to freedom of speech and its transformation on the Internet. The authors analyze the concepts of “freedom of speech” and understanding of cyberspace, study the possibilities for citizens to exercise their right to freedom of speech. The article raises the question of the moral foundations for the realization of this right and the deep influence of such spiritual and moral principles on the development of democracy. The article is dedicated to the memory of the scientist V. I. Fadeev, who raised in his works the question of the influence of morality on the formation of the state.

ПРАВА ЧЕЛОВЕКА В КОНСТИТУЦИОННОМ ПРАВЕ

140-152 262
Abstract
There are currently no independent theoretical studies of the phenomenon of diffusion of environmental rights in Russia. The authors implemented an attempt to fill this gap in environmental law. It is shown that this phenomenon in law helps to reveal the essence of legal changes in the environmental sphere. The article explores the new concept of diffusion of environmental rights of citizens in the domestic jurisprudence. The authors investigated the value aspects of environmental rights, constitutional principles of environmental rights. Changes in environmental legislation and law enforcement are analyzed. The real and potential consequences of diffusion of environmental rights are shown. Diffusion and harmonization of environmental rights and state responsibility for their provision are investigated. The features of the diffusion of the law of modern Russian environmental legislation are revealed.
153-161 281
Abstract
The article shows the influence of high spiritual and moral inner world of Prof. V. I. Fadeev on his personal human qualities and scientific creativity. The author reveals his universal approach to solving scientific problems, which was expressed in the fact that he was at the origins of the formation and development of municipal law and revealed numerous institutions of constitutional and municipal law, as well as the impact of moral principles and religion on the law. Special attention is paid to the consideration of the internal spirit of law, which underlies (is an internal motive) the action of law. Shows the three levels for the inner spirit of the law, the reasons contributing to this and the role of law, morality, and religion specified in the “roznorodnosci".
162-168 231
Abstract
The article is devoted to the legal regulation of the establishment and regulation of administrative responsibility for obstructing the activities of commissioners for human rights. For comparative research the Federal administrative legislation and the administrative legislation of subjects of the Russian Federation entering the southern Federal district was taken. On the basis of the comparative analysis of the legislation the conclusion about need of change and additions first of all the Code of the Russian Federation about administrative offenses, including by means of expansion of powers of the Commissioner for human rights in the Russian Federation and employees of its office is drawn.

ПРОБЛЕМЫ МЕСТНОГО САМОУПРАВЛЕНИЯ

169-175 306
Abstract
The article deals with local self-government (Zemstvo) through the prism of reflection of this institution in the socio-political thought of prerevolutionary Russia. The importance of local self-government in the process of solving many problems facing society and the state at almost all stages of their development is emphasized. The author emphasizes that self-government is well known in the Russian history of state building. The author suggests that the absence of a full-fledged system of local self-government was one of the facts, the totality of which led to the October revolution of 1917. Shows the enduring importance of local government for the progressive development of society and the state.
176-185 333
Abstract
The article deals with the development of local self-government taking into account the current ideas of Professor V. I. Fadeev about its nature, essence, importance for the democratization of the system of public power and society. V. I. Fadeev’s works are developed in the modern scientific doctrine of municipal democracy, people’s representation, civil society institutions.
186-195 595
Abstract
The article explores the approaches to the content and scope of powers of local authorities in the field of public order protection in the writings of Professor V. I. Fadeev. An analysis of the current legislation shows that local governments have different instruments to restore order on the territory of the municipality, although they do not have their own powers regarding the application of state coercion measures. Special attention is paid to the study of ensuring the safety of the population of municipalities from unmanned aerial vehicles, the number of which has been growing significantly recently.

FOREIGN EXPERIENCE

196-213 539
Abstract
The dissolution of parliament is a typical attribute of parliamentary republics, including the Republic of Bulgaria. The study explores a process of forming the government of Bulgaria, the failure of which is the only reason for the dissolution of the National Assembly, and practice of dissolution of the National Assembly. A table is presented which shows in chronological order of how formation of governments was carried out in accordance with the Constitution of 1991. The role of the president in the formation of government is analyzed. It is concluded that in a crisis, the weight of the president’s powers is increasing. The author believes that the presidential decree on dissolution of the National Assembly may not be a surprise and is implemented when no other decision is possible to find a way out of a political deadlock. The study reviews conditions that exclude the possibility of dissolution of the National Assembly and legal consequences of dissolution. Examples of committed actions of the president and parliamentary forces help the perception of realities of political life of Bulgaria.
214-220 234
Abstract
The article is devoted to the research of the experience of realization of the idea of people’s representation in foreign federations (on the example of Germany), the order of formation of Bundestag of Germany and Bundesrat of Germany is analyzed, as well as the point of view of domestic and foreign authors on the representative nature of these bodies, the conclusion is made about the importance of realization of the idea of territorial representation in federal states taking into account the originality of the system of representation in the Russian Federation.

LAW IN HISTORICAL REFRACTION. Legal Monuments

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

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