Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Main directions for improving public health legislation in Russia","authors":"V. Golovko, A. Sakhno","doi":"10.52468/2542-1514.2023.7(2).96-104","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).96-104","url":null,"abstract":"The subject. A comprehensive study of Russian legislation in the field of biological safety indicates the need to update and systematize the legal framework for protecting the health of citizens and ensuring the sanitary and epidemiological well-being of the population as an important part of the mechanism of legal regulation of the national security of the Russian Federation. The purpose of the article is to confirm or refute hypothesis that there is a possibility and necessity of systematization and codification of public health legislation.The methodology. The authors analyze the practice of applying international law acts regulating the prevention of the spread of dangerous infectious diseases, the conclusions and recommendations of the WHO, the UN and other international organizations, as well as Russian public health legislation.The main results, scope of application. The current problems of Russian public health legislation are investigated, problems, prospects and main directions for its improvement are considered. The issues of theory and practice of legal regulation of public administration in conditions of emergency situations of a biological nature, topical aspects of strategic planning in the field of ensuring the epidemiological safety of regions are studied. Based on the results of a study of the current state of public health legislation, the main directions for its improvement and prospects for further development are substantiated, the position of the authors on the systematization and possible codification of sectoral legislation is presented. Conclusions. Codification of public health legislation is necessary, taking into account the new goals and objectives of the strategy for ensuring biological safety, the experience of applying domestic and international health regulations in a pandemic. This type of systematization of legal norms seems to be the most appropriate for improving the efficiency of the system for ensuring the sanitary and epidemiological welfare of the population of the Russian Federation.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"117 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77219711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Features of local self-government in the Steppe general government","authors":"I. Konovalov","doi":"10.52468/2542-1514.2023.7(2).27-33","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).27-33","url":null,"abstract":"The subject. Many shortcomings in the current state of local government and self-government systems are that in the process of forming institutions of public power, there were not evolutionary qualitative changes, but, on the contrary, there were processes of quantitative complication of mechanisms and institutions for the exercise of public power, making the role of the people in administrative processes impossible or insignificant.The theoretical and methodological basis of the research are the categories and principles of materialistic dialectics, systematic, formal-logical, formal-legal and comparative-legal methods.The main results. The article discusses 4 types of self-government that existed in the Steppe General Government in the prerevolutionary period. Special attention is paid to organizational and legal issues, the structure and forms of activity of urban, peasant, Cossack and Kyrgyz (Kazakh) self-government, their interaction with local administrative and police bodies represented by the Governor-General, regional governors and county chiefs. Conclusions. The activity of local self-government bodies in the Steppe Region was based on the concept of self-government, which was based on the fact that local self-government had to act in the interests of state power. It carried out its activities on the basis of laws, the subjects of its jurisdiction and competence were also determined by the state. The activities and powers of the local state administration and local self-government were considered homogeneous and constituted a single power vertical. ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"34 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74831504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Balance of confidentiality and tax transparency in legal regulation of automatic exchange of financial account information in the United States","authors":"G. Tolstopyatenko, S. S. Ageev","doi":"10.52468/2542-1514.2023.7(2).43-52","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).43-52","url":null,"abstract":"The subject of research, relevance. Exchange of information is an important measure of administrative cooperation between and among tax authorities aimed at the fight with tax evasion. Tax evasion is a problem that has gone beyond national borders, thus individual states can’t cope with it alone. In the light of this problem tax authorities develop new forms of administrative cooperation such as automatic exchange of information. While developing new forms, states should remember about the balance of private and public interest. In the context of automatic exchange of information this problem looks like a problem of finding a balance between confidentiality and tax transparency.The purpose. The article discusses the problem of finding a balance between confidentiality and tax transparency on the example of the United States. The choice of the United States may be explained by its national approach to such a balance that differs from the approach of other states that have implemented the Common Reporting Standard and Mandatory Disclosure Rules.The aim of the article is to show what peculiarities in national and international regulation in the United States influence their unique approach and what is the effect of this approach on the global system of automatic exchange of information and the rights of the US taxpayers.The methodological basis. The following scientific methods were used: comparative-legal, formal-juridical and historic-legal. The research was conducted in compliance with the principles of independence and verification of the results.The main results, scope of application. The conclusion of this article is that the balance of private and public interest in the context of automatic exchange of information is reached by the United States through confidentiality provisions exclusively. They use their national state legislation on beneficial ownership and the lack of reciprocity in intergovernmental agreements implementing FATCA to attract foreign investors (non-resident aliens) wishing to avoid reporting under the Common Reporting Standard. Meanwhile, the United States acquire full information on the financial accounts of their citizens and resident aliens who are beneficial owners of such accounts held in foreign financial institutions. Such a state of affairs is dangerous for the effectiveness of the global system of automatic exchange of information. Moreover, it impairs the rights of Accidental Americans who permanently reside in foreign states and have no connection with the United States except for their citizenship but still have reporting obligations before the US Internal Revenue Service.Conclusions. Automatic exchange of information should be developed in compliance with the principle of balance between tax transparency and confidentiality. States should follow one and the same approach to providing such a balance. At the same time the taxpayers’ rights, in particular the rights of Accidental Americans, should be protected an","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"os-57 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87098492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Artificial intelligence in justice: legal and psychological aspects of law enforcement","authors":"S. Chucha","doi":"10.52468/2542-1514.2023.7(2).116-124","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).116-124","url":null,"abstract":"The subject. Artificial intelligence is considered as an interdisciplinary legal and psychological phenomenon. The special need to strengthen the psychological component in legal research of artificial intelligence and its introduction into the practice of law enforcement and justice, in particular, is substantiated.The main goal of the study is to confirm or refute hypothesis that AI may be implemented in justice and to substantiate the legal limits of such implementation.The methodology. Based on the comparison of the current legislation, the practice of its application, and other empirical data, internal and external legal and psychological factors of legal regulation and the use of artificial intelligence in jurisprudence and judicial proceed- ings are identified.The main results, scope of application. The analysis of legal and doctrinal definitions of artificial intelligence in jurisprudence has shown that their defining and integral part is relationships that are the result of psychological practices and the subject of psychological science (internal factors). Legal studies of artificial intelligence are based on a psychological conceptual apparatus, all of them legally describe artificial intelligence, first of all, as a psychological phenomenon and build an analogy between the psychology of a living intelligent subject and an inanimate object, humanizing the latter. The federal legislator is also following the path of using the psychological conceptual apparatus. Such categories like human cognitive functions and intellectual activity are applied in Russian Federal Law \"On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the subject of the Russian Federation - the federal city of Moscow and amending Articles 6 and 10 of the Federal Law \"On Personal Data\". The legal and psychological analysis of the practice of using elements of artificial intelligence in corporate governance, justice, labor relations, social insurance, electoral procedures has been subjected.The conclusion is substantiated that an indispensable condition for the introduction of arti- ficial intelligence and its elements into justice is trust on the part of the disputing parties and the court. Such trust is provided with a real possibility of verifying the actions and decisions made with artificial intelligence by psychologically acceptable and legally formalized methods (external factors). The use of artificial intelligence in law enforcement in general and justice in particular is possible in two directions: (1) solving problems related to the approximation of specialized artificial intelligence systems in legal proceedings to human capabilities and their integration to enhance intelligence; (2) creating artificial intelligence, which is the integration of already created elements of artificial intelligence into a single system capable of ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"27 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84873045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Prevention of the spread of infectious diseases as a guarantee of constitutional rights to health protection and medical care in Russia","authors":"K. S. Litovko","doi":"10.52468/2542-1514.2023.7(2).105-115","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).105-115","url":null,"abstract":"The subject of the research is public relations in the sphere of health protection rights, medical care and ensuring sanitary and epidemiological well-being proceedings (in the context of infection safety).The purpose of the research is formulating recommendations for a conceptual solution of the contradictions that have arisen between the public relations that are developing during the period of COVID-19 counteraction and the current regulatory framework.  Research methods: formal-legal, comparative-legal, general philosophical methods (synthesis, analysis, induction, deduction, etc.).The aim. The article examines the contradictions between the current system of responding to the occurring emergency situations and the established acting procedure and legislative regulation of public relations associated with the COVID-19 spreading counteraction. A proposition has been formulated on the appropriateness of using a specific concept of infectious safety, which correlates but does not duplicate the existing emergency response system.The main results. It is proposed to call this system a \"system for preventing the spread of infectious diseases\". Its elements (stages of preventing the spread of infectious diseases) are introduced. It is noted that this system is integrated into the already existing, but unspecified in a sufficient number of legal acts of biological safety statutory regulation. As elements (stages) of the prevention the spread of infectious diseases system it is proposed to consider the prevention of infectious diseases, the elimination of the infectious threat, the restoration of public relations to the state that was in effect at the time of activation the elimination of the infectious threat phase. The content of each stage is reviewed in detail considering new social relations circumstances that are not recognized in the existing emergency prevention system and are not directly affected by it. The abstracts of foreign authors were used, who also note similar problems in public relations of foreign countries (in particular, the United States) in connection with countering the COVID-19 pandemic. Conclusions. Conceptual conjectures were formulated to resolve the accumulated contradictions between the public relations developing in connection with the COVID-19 pandemic and the existing statutory and administrative institutions in the Russian Federation for the prevention of emergency situations. It is significant to mention that the research is not a comprehensive review on the problem of preventing the spread of infectious diseases, but it provides an additional view on potential ways of solving it. The concept of the prevention the spread of infectious diseases is also opened towards improvement and refinement in future considering new incoming information and legislative innovations.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89893508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Building information relations in the sphere of mining, cryptocurrency and crypto assets on the example of the Kyrgyz Republic","authors":"N. Semenov, S. Semenov","doi":"10.52468/2542-1514.2023.7(2).75-84","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).75-84","url":null,"abstract":"The subject of the research is the study of mining, cryptocurrency, crypto assets in the legislation of the Kyrgyz Republic. Relevance. The relevance of the article is due to the presence of gaps in the field of mining, cryptocurrency, crypto assets in the legislation of the Kyrgyz Republic. The objectives of the article are to analyze the areas of mining, cryptocurrency, crypto assets and identify legal problems, as well as make proposals for improving the national legislation of the Kyrgyz Republic. Methodology. The authors use scientific methods: general methods (analysis, synthesis, induction, deduction, comparison); special methods (legal, comparative legal).Main results. Problems were identified, such as: lack of legal status of crypto assets, cryptocurrencies; lack of legal status of a cryptocurrency exchange operator; the system of risk management in the field of cryptocurrency is not indicated; lack of detailed study of the legal status of mining; subjects of mining, mining objects, classification of mining, standards for conducting financial transactions are not defined; lack of understanding of the nature of cryptocurrencies, crypto assets and virtual assets; lack of licensing and permitting activities in the field of mining, cryptocurrency, crypto assets; the absence of the category of mining, cryptocurrencies, crypto assets in the State Classifier of Economic Activities; lack of legal status of blockchain in the format of a regulatory legal act and etc. Relevant proposals were given: to finalize and adopt a single regulatory legal act (in the form of a law) in the field of crypto assets, cryptocurrencies, since they are interconnected; establish the legal status of a cryptocurrency exchange operator and introduce licensing and permitting activities (obtaining a license from the National Bank of the Kyrgyz Republic); develop and adopt a regulatory legal act (in the form of a law) on mining, with a detailed designation of what mining is, its classification, mining object, mining subjects; understand the nature of cryptocurrencies, crypto assets, virtual assets and understand what they can be attributed to, in particular, to money, a product, a medium of exchange, a universal service or other activity; Enshrine in civil law the concepts of cryptocurrency, crypto assets, virtual assets, including the rights and obligations arising from them; add to the Law of the Kyrgyz Republic \"On licensing and permitting activities of the system in the Kyrgyz Republic\" paragraph 61 of Article 15 - the activity of mining, cryptocurrency, crypto assets; add a category to the State Classifier of Economic Activities - mining, cryptocurrencies, crypto assets; form a working group at the level of the Cabinet of Ministers of the Kyrgyz Republic to study blockchain technology with areas of application, both in the private sector and in the public sector, including smart contracts and etc.Conclusion. Introduce legal regulators in the field of mining, cryptocur","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"198 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79994272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The helplessness of the victim: theoretical views and law enforcement practice","authors":"D. Gostkova","doi":"10.52468/2542-1514.2023.7(2).125-134","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).125-134","url":null,"abstract":"The subject of the study is the helplessness of the victim as a criminal legal category.  The purpose of the research is to confirm the hypothesis about the negative impact of the evaluative nature of the sign \"helpless state of the victim\" on the unity of law practice. The historical and legal method allows us to consider doctrinal views and case law of applying norms containing the helpless state of the victim in different historic periods; using the comparative legal method, differences in the interpretation of the victim's helpless in different criminal laws are revealed; the formal legal method allows us to explore the technique of legislative recognition of the helpless state of the victim as constructive, qualifying signs and aggravating circumstances; logical methods contribute to the gener- alization of the results of the analysis of case law.The main results. It is established that the existing definitions of the helpless state of the victim, as a rule, are based on the objective inability of the person to actively resist. Based on the various reasons that cause the helpless of the victim, the following types are distinguished: physical and mental. Two categories of persons are recognized as physically helpless: those who are unable to resist due to internal factors (state of health) and external (related persons). The list of diseases that form physical helplessness is open. However, the court, as a rule, refers to disability or difficulties in movement. It is important when imputing physical helplessness to establish the fact that the victim was in such a state before the start of the committing of the criminal intent. Otherwise, it forms the objective side of the crime. The court, when determining mental helplessness, mainly focuses on the expert opinion. A controversial issue in the doctrine of criminal law remains the attribution of unconsciousness to helpless state in crimes against life and health. The Court takes the position of not attributing. In this case, it seems illogical to recognize a bound person as helpless.In order to maintain the unity of practice, a critical analysis of the approaches existing in the theory of criminal law, the grounds for strengthening criminal responsibility for a crime against a helpless person, has been carried out. These include: method, protection of socially poorly protected groups, peculiar ferocity, provoking factor, cynicism. Taking into account the specifics of crimes against sexual freedom and sexual inviolability and against life and health, it seems more logical to formulate different grounds for them: as a way of committing a crime and as protection of socially poorly protected groups, respectively.Conclusions. The hypothesis about the lack of unity in doctrine and law enforcement practice regarding the content of the \"helpless state\" sign of the victim was confirmed. It should be noted that the existing discussion is largely due to the ambiguous position of the Russian Supreme Court.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"117 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75744850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The history of the formation and development of the institution of diplomatic immunities and privileges in the United States","authors":"A. A. Nagieva, A. E. Samadova","doi":"10.52468/2542-1514.2023.7(2).16-26","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).16-26","url":null,"abstract":"The subject of study. Throughout the historical period of the development of diplomatic law, an institution of immunities and privileges was formed, the content and scope of which were determined by the level of diplomatic relations between states and the development of public administration.The rules of national law also have a significant impact on the procedure for exercising dip- lomatic immunities and privileges. Many states have adopted legal acts regulating the foun- dations of the diplomatic service. For example, in the United States, after joining the Vienna Convention on Diplomatic Relations of 1961, the Law on Diplomatic Relations of 1978 was adopted, based on the rules of this Convention.The article examines the history and development of diplomatic immunities and privileges, the formation of the US diplomatic service and the content of current national laws in the US. The purpose of the study is the identification of problems in the practice of implementing diplomatic immunities and substantiate the hypothesis that it is necessary to develop the legislation on diplomatic immunities and the diplomatic service in the United States.The methodology of the study. The methodology of the study includes general scientific methods (analysis, synthesis, description, systematization) and special scientific methods (formal legal and comparative legal methods). In addition to this, historical method was also applicable.The main results. Based on the results of the study, were disclosed significant discrepancies between the national legal regulation of the US diplomatic service and the rules of interna- tional law, which leads to massive violations of diplomatic immunities and privileges by the US authorities.Conclusions. Diplomatic immunity is a guarantor of the effective operation of foreign rela- tions bodies on the territory of the host state, however, in practice, there are often cases of their violation by the authorities of the host state and cases of abuse of diplomatic im- munities and privileges by their carriers. The granting of a special legal status, personal in- violability and other privileges and immunities is in no way equated to absolute impunity for employees of foreign relations bodies in case they commit illegal acts.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"58 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85976202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The legal nature of regional currency: theory, history and practice of monetary circulation in selected countries of the world","authors":"I. Lagutin","doi":"10.52468/2542-1514.2023.7(2).63-74","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).63-74","url":null,"abstract":"The subject. The article discusses regional currencies from the point of view of their definition in the system of monetary circulation, purpose, experience in the legal regulation of the circulation of regional currencies in certain territories of various states, the goals and objectives of regional monetary circulation are studied, and the impact of such circulation on the economy of a particular territory is determined. The article reveals the main differences between regional currencies and the national (official) currencies of the state, assesses the overall effectiveness of the development of regional money circulation. The paper analyzes the legal nature of regional currencies, using the example of individual currencies, namely, it raises the question of which legal nature dominates in regional currencies – private law or public law.  Methodology. In the course of the study, various general scientific and special scientific methods of cognition were used, the most important of which were methods - historical and legal, comparative historical, comparative legal, as well as the method of referring to other social sciences, such as economics.Main results. In the course of the study, the legal nature of regional currencies was redistributed, using the example of the practice of issuing such currencies in various countries with different periods of historical development.Conclusions. The study found that the introduction of regional currencies into circulation in different periods of time had a variety of purposes. In modern times, these are the goals of protecting the local economy and business from transnational companies and global crises, developing the local economy through greater circulation of funds within a particular territory (from infrastructure development to increasing domestic traffic), reducing capital outflows, developing tourism, and much more. It is also concluded that the legal nature of regional money is not precisely defined. So, on the one hand, the state has a monopoly on the issue of money, and on the other hand, the law protects the freedom to conclude an agreement, which may provide for, among other things, the issue of regional money as a condition for the implementation of the agreement, which is currently used by individual municipalities in various countries of the world.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"19 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80025978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tsaregradskaya Yu.K. Financial control as a factor of effective public procurement management","authors":"V. Kikavets, Yuliya Tsaregradskaya","doi":"10.52468/2542-1514.2023.7(2).85-95","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).85-95","url":null,"abstract":"The subject. Financial security of public procurement at the expense of budgetary funds requires the creation and functioning of an appropriate system of public financial control implemented not only by public authorities (legislative, executive, judicial) but also by society. It is shown that the objectivity of control is formed by the parallel financial control, both from the state and society. This interaction forms a public management system in the field of public procurement, guaranteeing the balance of public and private interests.  The goal of the study: confirming the hypothesis that there is a particular type of financial control, the public financial control of public procurement. General scientific (analysis, synthesis, method of modelling) and private scientific (comparative-legal) methods are used to achieve the goal. The main results. The authors' definition of public financial control of public procurement is a combination of state financial control, departmental financial control, internal financial control (internal financial audit) and public financial control, aimed at the compliance of customers with the rules of financial law and legislation on public procurement for effective and proper use of budgetary funds, as well as other resources aimed at protecting the public interest in the process.Taking into account the large-scale use of digital technologies in the financial control of public procurement, we confirm the hypothesis about the transformation of methods of public financial control of procurement sphere from the traditional ones to monitoring, or digital financial control of public procurement, viewed as one of the main methods of curement. Given that digital technologies are quite actively used in public administration, the application of public procurement control is an effective method that allows checking the legality and properness of public finance expenditure. The novelty of the study lies in structuring financial control as a factor of effective management of public procurement in Russia.  Conclusions. The authors emphasize the priority method: financial controlling of public procurement allows using the risk-based approach to minimize the role of the \"human factor\" in public procurement and reduce the costs of organizing controls and maintaining a large staff of financial control bodies. ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"12 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90999526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}