监督俄罗斯地区对奖励关系的法律规定。第2部分

P. A. Kabanov
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引用次数: 0

摘要

目的:评估俄罗斯联邦主体奖罚关系的法律规制现状,并制定其系统化和完善的措施。方法:研究的主要方法是一般科学的认知方法:分析、综合、比较、外推,以及在此基础上对奖励关系的具体法律认知方法,如俄罗斯法律与国家理论所采用的方法。结果:对俄罗斯联邦组成实体的500多项监管法律的分析表明,在一些地区,除了现有的关于奖励的综合法律之外,还通过了专门的法律,这些法律规定了地区议会奖励的设立以及地区国家当局的奖励;在俄罗斯联邦的大多数主体中,国家(共和国、地区、区、市)的奖励在综合奖励立法之外,而是在奖励法的框架内,由它们自己的关于地区奖励的立法和(或)地区国家当局的细则加以规定;在俄罗斯的一些地区,不仅有专门的法律规定了俄罗斯联邦学科的国家奖励,而且还规定了国家奖学金。截至2022年9月30日,该研究的领土范围仅限于俄罗斯联邦,在顿涅茨克人民共和国、卢甘斯克人民共和国、扎波罗热和赫尔松地区成为该研究的一部分之前。监测研究的时间范围限于1991年至2023年2月10日期间。科学的新颖性:在俄罗斯法律科学中,首次对俄罗斯联邦所有学科的奖励法进行了监测研究,从而可以评估俄罗斯各地区奖励关系的法律规定的质量,并在必要时改进区域奖励制度和其他积极合法行为的激励措施。现实意义:所得成果可用于俄罗斯联邦主体国家机关的立法活动,完善地区奖励立法,建立官方的地区奖励,使奖励关系的法律规制系统化。本文的研究结论有助于消除裁决法规范与其他规范性法律行为规范之间的矛盾。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Monitoring of legal regulation of award relations in the Russian regions. Part 2
Objective : to assess the state of legal regulation of award relations in theRussian Federation subjects and to develop measures for its systematization and improvement. Methods : the main methods of the conducted research are general scientific methods of cognition: analysis, synthesis, comparison, extrapolation, and specific-legal methods of cognition of award relations based on them, used in the Russian theory of law and the state. Results: an analysis of more than 500 regulatory legal acts of the constituent entities of the Russian Federation has shown that in some regions special laws were adopted in addition to the existing comprehensive laws on awards, which regulate the establishment of regional parliamentary awards, as well as awards of regional state authorities; that in most of the Russian Federation subjects, state (republican, regional, district, municipal) awards are regulated outside the comprehensive award legislation, but within the framework of incentive law, by their own legislation on regional awards and/or by-laws of the regional state authorities; that in some Russian regions there are special laws establishing simultaneously not only state awards of the Russian Federation subject, but also state scholarships. The territorial scope of the study is limited to the Russian Federation as of September 30, 2022, before the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions, which established their regional awards, became part of it. The time frames of the monitoring study are limited to the period from 1991 to February 10, 2023. Scientific novelty : for the first time in Russian legal science, a monitoring study of the award law of all subjects of the Russian Federation was conducted, which allows assessing the quality of legal regulation of award relations in the Russian regions and, if necessary, improving the system of regional awards and other incentives for positive lawful behavior. Practical significance : the results obtained can be used in the law-making activities of state authorities of the Russian Federation subjects in improving regional award legislation, establishing official regional awards and systematizing the legal regulation of award relations. The conclusions of the conducted research enable to eliminate contradictions between the norms of award law and the norms of other regulatory legal acts.
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