Courier of Kutafin Moscow State Law University (MSAL))最新文献_第2页

Management decisions in emergency situations 紧急情况下的管理决策

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.045-053

S. A. Starostin

引用次数: 0

Legal forms of administrative decisions of the President of the Russian Federation on ensuring state sovereignty 俄罗斯联邦总统关于确保国家主权的行政决定的法律形式

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.100-107

D. B. Troshev

引用次数: 0

The nature of the administrative barrier as management decisions 行政障碍的性质是管理决策

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.165-173

V. P. Umanskaya, E. M. Tumanova

引用次数: 0

On the improvement of emergency legislation regulating the protection of the state from external aggression 关于完善保护国家免受外来侵略的紧急立法

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.183-191

О. A. Dizer

{"title":"On the improvement of emergency legislation regulating the protection of the state from external aggression","authors":"О. A. Dizer","doi":"10.17803/2311-5998.2024.117.5.183-191","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.183-191","url":null,"abstract":"This paper examines the issues of improving emergency legislation regulating the protection of the state from external aggression. Issues of ensuring the security of the state in modern conditions are becoming particularly relevant due to the increasing threats from third states. This circumstance necessitates the existence of an integrated system of norms governing the concept, types, and content of relevant administrative and legal regimes, as well as the grounds and procedure for their introduction, the nature and scope of restrictions established to ensure them, procedures and limits for the application of protective measures and the grounds for termination of such emergency regimes. The article analyzes the concept of “special military operation” and its relation to related terms. The author pays special attention to the systematization of the imposed restrictions depending on the response mode (level). Special attention is paid to administrative responsibility for violation of the established restrictions in accordance with the accepted level of response. Conclusions on the improvement of legislation are formulated.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 71","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833575","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}

引用次数: 0

Strategic acts of management as a form of managerial decision-making in the field of ensuring national security and state sovereignty of the Russian Federation: problems of hierarchy 作为保障俄罗斯联邦国家安全和国家主权领域管理决策形式的战略管理行为：等级问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.026-035

S. N. Zubarev

{"title":"Strategic acts of management as a form of managerial decision-making in the field of ensuring national security and state sovereignty of the Russian Federation: problems of hierarchy","authors":"S. N. Zubarev","doi":"10.17803/2311-5998.2024.117.5.026-035","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.026-035","url":null,"abstract":"The article substantiates the relationship between state management decisions and strategic management acts. The latter are the basis not only for building a system of legal acts of management in the field of ensuring national security as the most important component of state sovereignty of the Russian Federation, but also for the adoption and implementation of managerial decisions in this field. It is concluded that it is necessary to clarify the content of strategic planning documents and to give them legal certainty, systematicity and hierarchy. The types of these documents are analyzed: strategies; state policy frameworks; doctrines; concepts; state programs. The following model of hierarchy of strategic acts of management in the field of national security is argued: strategy of national security of the Russian Federation — conceptual acts (bases of state policy, doctrines, concepts) on the most important directions of ensuring national security of the Russian Federation — strategies on the most important directions of ensuring national security of the Russian Federation — state programs of the Russian Federation on the most important directions of ensuring national security. ","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 48","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832891","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}

引用次数: 0

Decisions of public authorities in the field of land relations 公共当局在土地关系领域的决定

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.064-072

V. V. Belousova

{"title":"Decisions of public authorities in the field of land relations","authors":"V. V. Belousova","doi":"10.17803/2311-5998.2024.117.5.064-072","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.064-072","url":null,"abstract":"The article focuses on the grounds for decision-making by public authorities on refusal to grant ownership of land plots. The issues related to the concept of unauthorized construction under the civil legislation of the Russian Federation, the basis for the acquisition of property rights arising as a result of bona fide, open and continuous ownership and use, referred to as the acquisition prescription, are disclosed. The author reveals the specifics of the application of the “garage amnesty” when considering an application for preliminary approval of the provision of a land plot for the placement of a capital garage. Depending on this, an assessment is given of the need to apply to judicial authorities for recognition of ownership of previously issued land plots by public authorities. The article provides judicial practice related to the appeal of decisions of the executive authorities of the subject of the Russian Federation. In this connection, the author concludes that it is necessary to carry out regular monitoring of the development and decision-making of public authorities, as well as professional development of officials. This will help to avoid misinterpretation of the law when making decisions on granting land plots to citizens.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832924","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}

引用次数: 0

The Concept of an Administrative Act in the CIS countries: Comparative Legal Analysis 独联体国家的行政法概念：比较法律分析

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.150-158

К. V. Davydov

{"title":"The Concept of an Administrative Act in the CIS countries: Comparative Legal Analysis","authors":"К. V. Davydov","doi":"10.17803/2311-5998.2024.117.5.150-158","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.150-158","url":null,"abstract":" The article is devoted to the concept of an administrative act, which is developing in the friendly legal systems of the CIS countries, considered in three aspects: doctrine, legislation and judicial practice. It is stated that the Russian theory of administrative act, on the one hand, is a creative development of the French and German doctrine, and on the other hand, it continues to have a certain influence on the post-Soviet space. On the contrary, in terms of legislation on administrative acts, Russian reality is lagging behind, since the rest of the CIS countries have already adopted westernized laws that, along with the rules on administrative procedures, also establish the material legal basis for the institution of administrative acts. Finally, it is substantiated that in terms of judicial practice on issues of control over the legality of administrative acts, the Russian legal system, despite a certain lag in the regulatory framework, is among the progressive among other CIS countries. The conclusion about the advisability of integrating the achievements of the CIS legal systems for the purposes of their further development is substantiated.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 45","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833829","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}

引用次数: 0

The role and significance of administrative custom in the mechanism for making management decisions 行政习惯在管理决策机制中的作用和意义

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.073-082

A. V. Martynov

引用次数: 0

Administrative and legal mechanisms of ensuring the safety of migration processes 确保移民过程安全的行政和法律机制

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.192-198

E. A. Lebedeva

引用次数: 0

Discretionary Decisions in Public Administration Based on Machine Analytics: Challenges and Risks 基于机器分析的公共行政酌处决策：挑战与风险

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.125-133

I. V. Ponkin

{"title":"Discretionary Decisions in Public Administration Based on Machine Analytics: Challenges and Risks","authors":"I. V. Ponkin","doi":"10.17803/2311-5998.2024.117.5.125-133","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.125-133","url":null,"abstract":"The article is devoted to the problems and risks of machine analytics and other digital technological resources in making managerial decisions in public administration. The author raises the difficult question of the fact that against the background of loud victory speeches about mass measures of digital transformation in public administration, some timid and sensible voices have been lost, asking: can everything be perfect and without flaws? No technological nodes and solutions today work with 100 per cent reliability. The same is true of human organisations. No one and nothing is perfect. Therefore, defects, dysfunctions, imbalances, and errors in public administration have been in the past, are now, and will be in the future. The problem is that digital technologies, while helping to combat some of these defects, dysfunctions, imbalances, and errors in public administration, drive other defects, imbalances, and errors in public administration very deeply into the ground and create third ones. And we have not yet learnt how to diagnose all this. The article gives some eloquent examples of great harm caused by failures of machine analytics to support public administration decision-making. The author shows typical problems of digitalisation in public administration, but concludes that these problems are solvable.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 83","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833604","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}

引用次数: 0