законодательство

Law Policy for Decentralization of State Authority

The author analyses the questions of legal policy of different levels in the frames of urgent process of decentralization of state power. Regional and municipal forms of legal policy, their concept, principles of forming, aims, goals and content are the main object of research. The author came to the conclusion that the process of decentralization of state governing will be connected with the fact that separate legal policy will be needed on the regional and municipal levels.

Problems of implementation of anti-corruption standards in relation to persons holding public offi ce: Constitutional and legal aspect

Introduction. The article analyzes examples of procedures related to the implementation of anti-corruption standards, taking into account the specifi cs of offi cial relations, their administrative and intra-organizational nature. Theoretical analysis. The author reveals the problems of implementing anti-corruption standards. It is noted that in most cases the offi cial legislation provides that the conclusions drawn from the results of all inspections are not binding. The fi nal decision in relation to civil servants is made by the employer’s representative; the decision with regard to persons holding public positions is taken by the President of the Russian Federation; at the regional level, the heads of the constituent entities of the Russian Federation exercise control over compliance with anti-corruption standards. Empirical analysis. Currently, there is no specialized state anti-corruption body in the Russian Federation, but the need to create one is provided for by the UN Convention against Corruption. Results. The article concludes that the procedures for implementing anti-corruption standards in relation to persons holding public positions in the Russian Federation, as well as in relation to state and municipal employees, are essentially “internal” in nature. The constitutional and legal status of persons holding public offi ce requires monitoring their compliance with anti-corruption standards with the participation of various branches of government. To this end, a specialized anti-corruption body should be formed at the federal level in the Russian Federation, which may become an Interdepartmental Commission on Anti-Corruption.

Legislation as a factor in the development of public-private partnership in the sphere of information technologies

Introduction. Public-private partnership (PPP) in world practice has established itself as an eff ective tool for interaction between business and government in the implementation of socially signifi cant projects. The state got the opportunity to attract a private investor to solve strategic problems of social development. Information technology (IT) is no exception. In the context of globalization and digitalization of the economy, development of information technology sphere is becoming highly relevant, since it determines the level of information security and development of the country as a whole. Theoretical analysis. The main research method was the analysis of the basic laws governing public-private partnerships in the IT sphere both in Russia and abroad, which made it possible to identify the diff erences in the PPP legislation of diff erent countries. Empirical analysis. The analysis of the legislation of diff erent countries in the fi eld of public-private partners in relation to the IT industry enabled the authors to divide countries into four groups, depending on the characteristics and level of its development. The fi rst group of countries is characterized by the absence of a law on PPP at the state level, application of international legal norms and availability of methodological recommendations in the fi eld of PPP. In the second group, countries have a fundamental law on PPP without specifying the spheres of its application, or a list of spheres has been formed and it includes the IT industry. In the third group, there is a general law on PPP with a list of specifi c areas that does not include the sphere of information technology. The fourth group of countries has no legislation on PPP. Results. The authors identifi ed the problems of legislation in the fi eld of public-private partnership in relation to IT projects. In particular, it was determined that Russian laws in the fi eld of PPP have relatively more specifi city in relation to IT projects than foreign ones. However, this is far from always being good and creates artifi cial restrictions for the development of this mechanism for attracting a private partner to fi nance IT projects that are signifi cant for society. The highlighted shortcomings of the Russian legislation will help to improve effi ciency and controllability of PPP projects in the IT sphere, when eliminated.

The Political and Legal Basis of interaction of Business Ombudsman with Authorities and Other Organizations on Protection of Rights and Legal Interests of Subjects of Entrepreneurial Activity (based on performances at the III International Conference «Mo

Introduction. At the present stage of development of the institution of human rights and individual categories of citizens in the Russian Federation is particularly important legal analysis of the Commissioner’s powers to protect the rights of entrepreneurs on the federal and regional level in the Russian Federation. At the present stage, this institution is developing intensively. Implementation of office business ombudsman directly related to the problems of its interaction with various public authorities to protect the rights of business entities. Methods. Methodological basis of research supports internally interconnected complex methods of cognition: systematic and structural, functional, logical, historical. Basic general legal methods are the comparative legal and legalistic, allowing the author to explore the legal basis for the organization and activities of the institution of the protection of entrepreneurs’ rights in Russia at the federal level and the level of subjects of the Russian Federation (on the example of the Saratov region). Results. It is stated that in the activity authorized are not independent, as evidenced by the order of their appointment and the early dismissal, the formation and operation of the machine, as well as reporting and monitoring of their activities on the part of officials in which they are created. The author comes to the conclusion that 1) improve the legal regulation and practice of implementing powers business ombudsman at the federal and regional levels, 2) bringing the legislation of the Russian Federation in accordance with the common federal requirements.