公共行政主体制度的法律规制,提供经济特区的行政和法律制度

IF 0.2 Q4 LAW
O. Lakaev
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The article reveals the shortcomings of this system from the standpoint of completeness, the state of interrelations between its various elements, which cause a decrease in the investment attractiveness of special economic zones, which do not contribute to the creation of new industries and the production of competitive products.The paper substantiates the need to develop a balanced model of organization and functioning of the corresponding legal regime developed with the participation of business representatives. The article proposes a more complete version of the system of subjects of public administration in comparison with the statutory one, including not only those that form a single centralized management system, but also others - the executive and administrative bodies of municipalities, as well as collective formations that are not included in the system of state bodies. and municipal authorities (supervisory boards, expert councils). 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引用次数: 0

摘要

本文的主题是确定保障经济特区行政法律制度的公共行政主体制度的本质和内容的科学理念。作者分析了构成其组织和运作的法律基础的宪法规范、立法和附属行为的规定,以及其适用的实践。本文的目的是为了科学地完善保障经济特区行政和法律制度的主体制度,以提高经济特区相互作用的水平,促进各自领土的经济逐步发展。的方法。笔者既运用了一般科学方法(形式-逻辑方法、系统-结构方法和辩证方法),也运用了私人科学方法,如形式-法律方法、比较-法律方法、法律规范解释方法等。主要成果,适用范围。文章从经济特区公共行政主体制度与新宪法公共权力规范的关联性角度揭示了经济特区公共行政主体制度的法律规制现状,从经济特区公共行政构成要素的系统统一性角度刻画了经济特区公共行政的特征。文章从完备性、各要素之间的相互关系状况等方面揭示了这一制度的缺陷,这些缺陷导致经济特区的投资吸引力下降,不利于创造新的产业和生产有竞争力的产品。该文件证实有必要发展一种平衡的组织模式和在企业代表参与下制定的相应法律制度的运作模式。本文提出了一个比法定行政主体体系更完整的公共行政主体体系,不仅包括那些构成单一集中管理体系的主体,还包括其他的主体,如直辖市的执行和行政机构,以及不包括在国家机构体系中的集体组织。市政当局(监事会、专家委员会)。本文在发现经济特区专家委员会组织存在不足的基础上,科学地提出了完善经济特区专家委员会立法的建议。有必要使《关于俄罗斯联邦经济特区的联邦法》符合俄罗斯宪法关于公共权力的新规定。它将使现有的经济特区公共管理体制合法化。经济特区的管理规则应在“经济特区公共权力实施的特点”一章中规定。拟订这一构想是为了在拟议的一章中列出经济特区公共行政的所有主体- -俄罗斯政府、授权的联邦执行机构、俄罗斯联邦各组成实体的授权执行机构、市政当局的执行和行政机构、管理公司、监督委员会和专家委员会- -的清单,并确定它们各自的权力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal regulation of the system of public administration entities providing the administrative and legal regime of special economic zones
The subject of the article is scientific ideas that determine the essence and content of the system of public administration entities that ensure the administrative and legal regime of special economic zones. The author analyzes constitutional norms and provisions of legislative and subordinate acts that form the legal basis for their organization and functioning, the practice of their application.The purpose of the article is to scientifically substantiate the improvement of the system of subjects for ensuring the administrative and legal regime of special economic zones in order to increase the level of their interaction and the progressive economic development of the respective territories.The methodology. The author uses general scientific methods were used (formal-logical, systemic-structural and dialectical methods), as well as private scientific methods, such as the formal-legal, comparative-legal method, the method of interpretation of legal norms.The main results, scope of application. The article reveals the current state of the legal regulation of the system of subjects of public administration of special economic zones in terms of correlation with the new constitutional norms on public authority, characterizes public administration in special economic zones from the point of view of the systemic unity of its constituent elements. The article reveals the shortcomings of this system from the standpoint of completeness, the state of interrelations between its various elements, which cause a decrease in the investment attractiveness of special economic zones, which do not contribute to the creation of new industries and the production of competitive products.The paper substantiates the need to develop a balanced model of organization and functioning of the corresponding legal regime developed with the participation of business representatives. The article proposes a more complete version of the system of subjects of public administration in comparison with the statutory one, including not only those that form a single centralized management system, but also others - the executive and administrative bodies of municipalities, as well as collective formations that are not included in the system of state bodies. and municipal authorities (supervisory boards, expert councils). Based on the identified shortcomings in the organization of expert councils of special economic zones, the article formulates scientifically based proposals for improving the current legislation.Conclusions. It is necessary to bring the Federal Law “On Special Economic Zones in the Russian Federation” into line with the new provisions of the Russian Constitution on public authority. It will let legalize the existing system of public administration of special economic zones,. Rules on the special economic zones administration should be set out in a chapter entitled “Peculiarities of Implementation public authorities in special economic zones”. The idea was formulated to describe in the proposed chapter a list of all subjects of public administration of special economic zones - the Russian Government, the authorized federal executive body, authorized executive bodies of the constituent entities of the Russian Federation, executive and administrative bodies of municipalities, management companies, supervisory boards and expert councils and determine the powers of each of them.
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