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In his book the author, a tenured professor at National Research University Higher School of Economics, explains the most elusive concepts of constitutional law including constitution, democracy, republic, rule of law, secular state, etc. He analyzes these fundamental categories in terms of their historical development and from the perspective of different researchers. The author uses metaphors and other creative techniques in order to try and provide a visual image of abstract concepts. The textbook is aimed at students in the field of law at bachelor’s and master’s levels, as well as at the broad audience interested in the history of the development of the Russian Constitution and the problems of constitutional law.
The monograph is devoted to a comprehensive analysis of the modern transformations that have occurred in public administration and public service in recent years under the influence of socio-economic reforms. Along with doctrinal and legislative issues focusing on applied aspects of organization of the system of Executive authorities and their law-making activities, analyzing problems that occur in modern practice income and the civil service and settlement of conflict of interests in the civil service, offers possible solutions. The monograph will be of interest to researchers and practitioners, state and municipal officials, teachers, graduate students, students, as well as all those who are interested in the problems of public administration and public service.
One of the most important tasks of modern public administration is to combat corruption in the civil service. Disciplinary responsibility for corruption offenses is one of the legal means of preventing corruption in the public civil service. The article examines the mechanism of bringing to disciplinary responsibility for corruption offenses, judicial practice, the main changes in legislation. The main problems are identified and the directions of further development of the Institute of disciplinary responsibility are proposed.
Over the past decade, rapid integration of new computer systems and information technology takes place both in the State's and public authorities' activities, and in various social spheres. As of today, development and implementation of high technology and informatization process in various areas of social activities lead to drastic increase in the living standards of population. The healthcare sector is not an exception in this regard. Due to this, application of high technologies in medical activity including provision of medical care using telemedicine becomes particularly apparent. It is worth noting that European countries have a wealth of experience in using telemedicine, while Russia is still at the initial stage of creation and implementation of such information technologies in healthcare. Russian laws and regulations governing organization of telemedicine are still at the phase of discussion and approval. The purpose of this article is to consider problematic issues related to legal regulation of telemedicine both in foreign countries and in Russia, as well as to conclude whether solutions applied abroad to overcome legal gaps in telemedicine can be applied in Russia.
There has been a long debate on the promotion of teach-ing excellence in the Teaching and Learning world. The First Educational Development Symposium was held at Warwick University in the fall of 1994 and “focused on the details of promotion practices which could be adopted to redress the balance in a culture dominated by research and rewards for research excellence” . Though earlier in the 1970s and 1980s “a number of principal lecturer posts were established [...] on the basis of teaching excellence” and teaching profiles were introduced.
The article analyzes one of the central institutions of Russian tax law — alteration of the time limits for the payment of taxes. The right of the taxpayer to alter the execution of tax obligations, on one hand, demonstrates the desire of the legislator to ensure a balance of public and private interests in the implementation of tax regulation, and on the other hand, must guarantee the full implementation of the fiscal function of tax law. The fulfillment of the constitutional obligation to pay the established-by-law taxes involves the payment of taxes not only in full, but also on time. Alteration of the time limits doesn’t cancel the existing tax obligation and doesn’t create a new tax obligation. Having exercised the right to alter the time limit for fulfilling tax obligations, the taxpayer is able to pay tax at a later date than established by the legislation on taxes and fees, and at the same time not be held liable for violation of tax legislation. In order to maintain a balance of public and private interests in the tax sphere, a taxpayer’s right to alter the time limits for the payment of taxes is compensated by his obligation to pay in established cases a percentage that compensates for the damage caused to the fiscal interests of the state and municipalities in the exercise of this right. The article analyzes the general procedure for exercising the taxpayer’s right to alter the tax payment time limit established in the Tax Code of the Russian Federation (Chapter 9) and the acts of the Federal Tax Service adopted in accordance with it. Special cases of the realization of this right are also considered: when paying indirect taxes on goods imported into the territory of the customs union (in this case, the relevant norms of customs legislation are applied) and when altering the terms of payment of taxes credited to regional and local budgets (in this case, normative legal acts of constituent entities of the Russian Federation and municipalities). The article presents main forms of exercising the taxpayer’s right to alter the terms of tax payment (deferral, installment plan and investment tax credit) and tax and customs authorities with the authority to make appropriate decisions. Particular attention is paid to the issues of protecting the fiscal interests of the state in case of termination of legal relations of altering the terms of payment of taxes (for example, protecting fiscal interests in case of early termination of the investment tax credit agreement).
Understanding of public finance as a sphere of social relationships by scholars is no single. It develops depending on increasing role of a state government. In Russia public finance is still understood as a set of economic relations aimed at generation and spending of public funds. This concept of public finance reflects in the current legislature. For example, according to the Russian Federation Budgeting Code, a budget is a form of generation and spending of money aimed at funding of functions and goals of a government unit. The mentioned concept of public finance reflects in the RF Tax Code, too. But in the Anglo-Saxon legal and economic doctrine public finance is understood as a sphere of social relations for resource allocation on a par with private finance. And taxes aren’t considered as payments for government services.
This article considerations in the context of the introduction of criminal liability for legal entities – which is currently being discussed in Russia. It provides an historical overview of the discussions in this respect, and further sheds light on the contemporary practice of liability for legal entities in the Russian Federation, outlining the pros and cons of the institution of criminal liability for legal entities. Despite the fact that respective legislative draft laws were intiated in Russia, the country still remains one of the few countries in Europe where criminal liability for legal entities is currently not stipulated by law.
The report engages with one of the most crucial questions of our time, the public governance of the digital economy, in particular focusing on the new forms of competitive interaction in the era of digital capitalism. New questions emerge out of the transition from the old to the new economy, which require ‘outside of the box thinking’ in order to inform policymakers and help to broaden the current narratives. Competition authorities have recently engaged in significant preparatory work, often in partnership with academics, in order to reflect on the challenges set by the digital economy to modern competition law enforcement. There have been a number of insightful reports already published the last few months and more work in the making. None of these reports has nevertheless so far engaged with the rapidly developing digital economy of emerging and developing jurisdictions, and in particular the BRICS, which represent a third of the world economy and a significant part of the global digital economy.
Competition authorities around the world are trying to adjust antitrust enforcement to the new reality. Digitalization is of great interest to the Federal Antimonopoly Service of the Russian Federation (FAS Russia) and drives its practice and potential legislative initiatives. In this chapter, we analyze the enforcement practice with regards to one of the hot topics in the competition law and policy domain—the unsettled relations between algorithms and collusive market behavior. We try to look at this topic from both competition authorities and companies’ perspectives. While self-learning digital cartels are still a matter for the future, we focus on the current state of digital technologies’ application in facilitating bid-rigging and other forms of collusion.
The article focuses on the relationships between the Russian constitutional law and international norms, especially in the context of interaction of national courts and international jurisdictions. It offers a historical analysis of the role and status of the international law in the Russian legal system. Particular attention is paid to the case-law of the Russian Constitutional Court regarding the enforcement of judgments of the international jurisdictions.