Contents of issue # 1/2018

About Civil Legal Capacity of Public Legal Entities  Pdf 16


head of the Department of civil law of the Law faculty of the Lomonosov Moscow State University, doctor of legal sciences, professor, honored scientist of the Russian Federation
1, Leninskie Gory, Moscow, Russia, 119991

The author analyzes civil status of legal entities, created by the state: unitary enterprises and agencies that are not general owner of “their” property, and also public corporations and public companies, which are not corporations but unitary organizations created in many cases for management of the complex of legal entities (Russian analogue of the continental European “dominant enterprise” concern). Problems of this status in the current legislation are marked, in particular, the artificial restriction of property liability of public legal entities to the counterparty in the absence of subsidiary liability of the public legal entities for the debts of organizations created and controlled by them. The peculiarities of the legal status of public corporations and public-law companies are critically illustrated, as well as their individual varieties, which, despite the name, in fact, are not even “companies of one person”. As a general conclusion is indicated the need for serious reform of their civil status and creation on their basis such organizational-legal forms of legal entities, which could effectively be used by a state to manage the created legal entities in the conditions of domination in the economy of market relations, but under maintaining the important role of state ownership.

Keywords: public company, public corporation, state enterprise, state property, state agencies, a steam of commerce, property liability, concern, Corporation, civil legal personality public law company, legal entity.

DOI: 10.12737/art_2018_1_1

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Whether the Robot-Agent is a Person? (Search of Legal Forms for the Regulation of Digital Economy)  Pdf 16


judge of the Constitutional Court of the Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
1, Senatskaya sq., St. Petersburg, Russia, 190000

This article is devoted to the robots’ legal status determination by means of legal entity theory. The legal concept of “person” being common to philosophy, psychology, economics, is of great importance for all social sciences. With the benefit of various interpretations, in modern civil law science this concept has become more elastic. However, the emergence of the digital economy stimulated the study of traditional problems of legal capacity of persons involved in property relations. Robot’s legal personality recognition still is not actual since at the present stage of technological progress their operation is inseparably connected with the manufacturer and the owner. But after a while the creation of autonomous artificial intelligence will entail a demand for legitimization of robot’s legal personality. To create a system of legal regulation in the digital space useful application of constructions developed by interdisciplinary scientific direction “Law and Economics”. The concept of personality is considered in the “Law and Economics” as an economic principle, which is the inner structure of subjective rights, and its legal recognition takes place also on the economic markets of goods and ideas. The legal concept of reality, created during the centuries-long evolution of law science, will maintain its academic identity, and its elements will be needed to build a system of legal regulation of relations arising in the field of digital economy. The emergence of legal personality is primarily connected with the physical doubling of the imagery carrier status of “person” and its imagery in the legal space. While searching for legal forms required for the digital economy, it is advisable first of all to focus on the problem of personalization of robotic agents. The creators of artificial intelligence need to assess the risks associated with the creation of artificial intelligence capable of self-learning and autonomous definition of their actions.

Keywords: the legal concept of “person”, the legal status of robotics, the digital economy legal regulation.

DOI: 10.12737/art_2018_1_2

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Non-Commercial Organizations: Problems of Civil Legal Capacity  Pdf 16


professor at the Department of civil law of the Kutafin Moscow State Law University, doctor of legal sciences
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123286

As a part of the improvement of civil legislation on legal entities, it was planned to ensure and strengthen the dominant role of general norms of the Civil Code of the Russian Federation; to simplify and to unify the civil law regulation; to create a straight system of legal entities; to clarify the features that are inherited in non-commercial organizations and the extent of their civil legal capacity; to optimize the legal forms of non-commercial legal entities. These tasks were implemented to a certain extent. However, they have not been contributed to the increase of the effectiveness of socially useful activities of non-profit organizations and have not resolved the theoretical problems, and excluded the numerous controversial circumstances in the practice. In this article it is attempted to identify and to analyze some features of the civil legal capacity of non-commercial organizations due to the fact that their main purpose of activity is usually outside of the civil law regulation and various means can be used to achieve it; the basis for the creation and function of non-commercial legal entities may be constitutional and other, including special economic principles. The task is also to determine its level and to assess the adequacy of the legislative consolidation of these features, first of all, the updated norms of the Civil Code of the Russian Federation. The article analyzes the provisions of existing legal acts that regulates the status of non-profit organizations as a whole, as well as their separate forms and types; It examines the materials of judicial practice that reflects the existing approaches in order to determine the scope of the civil legal capacity of the non-commercial legal entities. As a result, a conclusion is drawn on the need for the next stage of the reform of legislation on legal entities, in the course of which it is necessary to clarify the characteristics of non-commercial legal entities; to strengthen the criteria allowing to define more precisely the volume of their civil legal capacity; to review existing approaches to the nature and conditions of carrying out activities that bring income to non-profit organizations; to improve and expand the regulation of the status of non-commercial organizations of separate forms at the level of the Civil Code of the Russian Federation; solve other live issues. At the same time, the diversity of non-profit organizations that have specificity for the purposes and ways of achieving them, their functions and internal structure requires the application of differentiated approaches to the regulation of the civil legal capacity of non-commercial legal entities.

Keywords: non-commercial organizations, legal entities, civil legal capacity of non-commercial organizations, improvement of civil legislation.

DOI: 10.12737/art_2018_1_3

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To the Question on the Boundaries of the Legal Capacity of the Bodies of Monitoring and Supervision in the Vision of Russian Business  Pdf 16


co-chairman of the All Russia Public Organization “Business Russia”
7, Delegatskaya st., Moscow, Russia, 127473

The justification of certain types of monitoring and supervisory activities and the legal capacity of the relevant officials are constantly challenged by entrepreneurs. The Russian Constitution contains a number of quite clear rules describing the boundaries of this legal capacity but in their enforcement, in the opinion of many experts of the Russian business community, appeared problems. The purpose of the study is to identify the main contradictions arising in the application of the provisions of part 3 of article 55 of the Russian Constitution, as well as institutional and legal basis for the emergence of potentially unconstitutional legislation. An important task of the article is justification of the choice in favor of the constitutional vector to resolve identified conflicts. The results and conclusions contained in the article are obtained on the basis of a scrupulous analysis of the provisions of the Constitution of Russia, in particular some parts of articles 34, 55, 71, 72, in comparison with the practice of monitoring and supervisory authorities and mandatory requirements to entrepreneurial activities of citizens. The article contains description of the problems of enforcement, the main of which are the following: the list of grounds for restrictions and mandatory requirements is exhaustive, unlike an open list of rights and freedoms of people and citizens; in part 3 of article 55 of the Constitution of Russia is mentioned namely the Federal law, but not “government rules and regulations and regional and municipal legislation; does not define the concept of “measures” in relation to restrictions of rights and freedoms; “legitimate interests of other persons” may be more important than the constitutional rights of citizens. The author concludes that violation of constitutional norms will only enhance the revealed contradictions and instability of the Russian legislation.

Keywords: bodies of control and supervision, the Constitution, entrepreneurial activity.

DOI: 10.12737/art_2018_1_4

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About Civil Legal Capacity of Bodies of State Power  Pdf 16


head of the Office of the Investigative Department of the Ministry of Internal Affairs of the Russian Federation, doctor of legal sciences, associate professor
16, Zhitnaya st., Moscow, Russia, 119049

The article is devoted to the problems of civil legal personality of public authorities. In the context of this issue, the legal nature of these bodies is analyzed with reference to the concept of a legal entity of public law, various doctrines of the civil-legal nature of state bodies, as well as the scientific views of a number of specialists on this issue are examined. The paper argues the position on the insufficient legal regulation of issues of legal personality of public authorities in the Civil Code of the Russian Federation. First of all, considerable spill is present in the legal regulation of the organizational and legal form of public authorities as legal entities. Legal uncertainty is also observed in the order of state registration of such bodies, as well as their reorganization and liquidation. In addition, the discussion on the principle of freedom of contract, as well as the possibility of their independent participation in civil circulation, is observed in the doctrine of civil law on the observance by government bodies acting within the framework of existing restrictions and prohibitions. In conclusion, the article suggests ways of resolving existing conflicts in the legal regulation of civil legal personality of public authorities.

Keywords: civil legal personality, legal persons of public law, public authorities, civil legal relations, state institutions, non-profit organizations, registration of legal entities, reorganization and liquidation of legal entities, freedom of contract.

DOI: 10.12737/art_2018_1_5

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Legal Personality Issues in the Activities of the Russian Federal Agency for Intellectual Property, Patents and Trademarks  Pdf 16


head of the Federal Service for Intellectual Property (Rospatent), candidate of legal sciences, honored lawyer of the Russian Federation
30/1, Berezhkovskaya emb., Moscow, Russia, 125993

The article is devoted to the legal personality issues in the activity of the Russian Federal Agency for Intellectual Property, Patents and Trademarks, and the formation of the intellectual property market in the Russian Federation, which are an urgent need and a precondition for its innovative development. A number of the following problems are highlighted that do not allow this market to function to the full extent and actively develop: a decrease in the patent activity of Russian applicants; legal personality issues of some persons seeking protection of their intellectual property rights; the level of professional representation of the economic entities’ interests in cases related to the provisioning or termination of legal protection of the intellectual activity results and means of individualization; delineation of the functions of the Russian Federal Agency for Intellectual Property, Patents and Trademarks, and the Federal Institute of Industrial Property (FIPS) in the provisioing of public services (the legal personality of FIPS as an organization that can carry out certain legally significant actions in provisioning public services). The necessity of comprehensive improvement of the normative legal base, introduction of changes into the current legislation and the formation of uniform law enforcement practice was revealed and justified. The author suggests: measures to stimulate the inventive activity of the authors of official inventions; creation of a single professional organization of patent attorneys with mandatory membership; the introduction of the professional activity standard of patent attorney; creation of more flexible and effective instruments for regulating the activities of patent attorneys; solution of the FIPS legal personality issue by providing it with the opportunity to implement certain legally significant actions related to the provisioning of public services.

Keywords: legal personality, Russian Federal Agency for Intellectual Property, Patents and Trademarks, intellectual property, improvement of legislation.

DOI: 10.12737/art_2018_1_6

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Review of the XII Annual Scientific Readings in Memory of Professor S. N. Bratus on “Problems of Legal Personality in the Modern Stage”  Pdf 16


Review of the XII Annual Scientific Readings in Memory of Professor S. N. Bratus on “Problems of Legal Personality in the Modern Stage”

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The Law in the Conditions of Digital Reality  Pdf 16


T. Y. KHABRIEVA, director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, academician of the Russian Academy of Sciences, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218

N. N. CHERNOGOR, head of the Department of state-legal disciplines of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218

The rapid growth of volume of information, the formation of great information arrays and databases, the intensive development of digital technologies, their widespread introduction into various spheres of public life, their influence on an increasing number of areas and types of social interaction, and the activities of state and public institutions are a significant factor in the development of modern society which forms a new, “digital” reality. In the conditions of new reality the law becomes not only a mean, a tool that provides digitalization of the economy, management and of other segments of social life, but also the object of the impact of “digitalization”, so as a result it undergoes changes in its form, content, system, structure, mechanism of action and demonstrates a tendency to the intensification of the emerging transformations. Readers are offered with some thoughts, original working hypotheses, as well as doctrinal decisions regarding the interpretation of the influence of the “digitalization” process on the state and legal sphere of life of the society, the law itself, assessment of the transformations and identifying trends in their dynamics, predicting the state of these phenomena in the future, the formulation of the fundamental and applied tasks of the legal science in terms of doctrinal patterns of development and functioning of law and the state and legal sphere of the life of society in conditions of the digital reality and determination of approaches to their solution.

Keywords: virtual object, state-legal sphere, state, source of law, normative array, law, legal regulation, system of law, structure of law, subject of law, form of law, digital reality, digital economy, digitalization, digital technologies.

DOI: 10.12737/art_2018_1_7

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Legal Regulation in the Context of Integrative Legal Understanding  Pdf 16


dean of the Law faculty of the Kazan Federal University, candidate of legal sciences, associate professor
18, Kremlevskaya st., Kazan, Russia, 420008

The article analyzes one of the fundamental categories of law - legal regulation in the context of an integrative approach to understanding the law and the corresponding methodological tools. Years of disputes resulted in a theory of legal regulation that unites scientific ideas about this functional side of legal reality. Different authors’ opinions presented in the legal literature on the core aspects of this phenomenon confirmed the extension of methodological approaches in revealing its basic characteristics, features and using that go beyond the positivist approach to legal understanding. Despite some methodological uncertainties of integrative legal understanding and ambiguity of its assessments and interpretations in the scientific literature, in this article legal regulation is considered through a prism of the activity approach, which reflects the versatile integrative nature of law. The author analyzes the subject, the object and the activity as structural elements of the law-regulating activity. The author offers his own interpretation of legal regulation in the context of the integrative approach and the definition of contractual legal regulation as a special level of legal regulation. The scientific researching of legal regulation that has branch specificity in the general theory of law inevitably involves the development of an integrative definition that will open new facets of legal regulation and solve practical problems in the sphere of legal regulation.

Keywords: legal regulation, integrative legal understanding, methodological approaches, contractual legal regulation.

DOI: 10.12737/art_2018_1_8

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Again on the Territorial Levels of Local Self-Government  Pdf 16


chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218

The article is devoted to the possible change in territorial organization on local self-government level in connection with the adoption of the new Federal law of April 3, 2017 No. 62-FZ “On amendments to the Federal law «On General Principles of Local Self-government Organization in the Russian Federation»”. The author critically examines some of the legal construction of this Law from the preservation standpoint of settlement level of local self-government as the level of public authority which is the closest to the people. At the same time the author stipulates that the local self-government cannot be reduced to the territorial public self-government, which is an important form of participation of local population in local affairs, while local self-government, being a constitutional institution of democracy, is the organizational form for the solution of local matters, and its legal acts are binding to all citizens and organizations regardless their ownership form. The author of the article makes proposals to improve legislative regulation of local self-government’s territorial organization. In particular, the necessity of establishing a clear criteria and restrictions of the unification of settlements with urban districts is substantiated. The author offers providing regular assistance to the municipal officials in rural municipalities in order to promote the use of new information and communication technologies. Also it is necessary, where it is possible, to provide assistance in the establishment of municipal-private partnership. The author insists that financial guarantees of local self-government’s powers are required. It makes sense to provide funds from the district and regional budgets within the possible limits and to establish administrative responsibility for non-compliance of these requirements, as it is customary in some European countries.

Keywords: local self-government, rural settlement, urban district, municipal district, urbanization of areas, territorial public self-government.

DOI: 10.12737/art_2018_1_9

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Freedom of Peaceful Assembly in the Russian Federation: Some Head-Notes and Critical Issues  Pdf 16


associate professor of the Department of international and european law of the Law Institute of the Kant Baltic Federal University, candidate of legal sciences, master of law (LL. M., Göttingen University)
14, A. Nevsky st., Kaliningrad, Russia, 236016

The Russian Public Assembly Law is young and dynamic in nature and this is the main reason why the question arises about the constitutionality of the corresponding legislation and law enforcement practice quite often. It is well known that a proper formulation of research problem could be a significant step towards its solution. Therefore the primary purpose of this article is to provide a critical overview of actual problems and challenges arising by the implementation of the freedom of peaceful assembly in the Russian Federation. The author hopes that the ideas expressed here will contribute to their comprehensive solution, which would be possible through the joint efforts of the Russian legal scholars and practitioners. In the research the author uses the traditional research methods such as analysis and synthesis, deduction and induction, historical, logic and comparative legal methods. The paper examines the legal terminology applied to different types and forms of public assemblies and the author represents the opinion that there is new legal term ‘the public assembly law’. This article systematically reviews the procedural aspects arising by the realization of freedom of peaceful assembly. In particular, the author advocates for the detailed legal regulation of so-called spontaneous and urgent public events. Moreover there is an examination of the ability to exercise the freedom of assembly by several types of special subjects such as state, minors and persons with criminal convictions. The author highlights the existing gap relating to the legal regulation of public assemblies on the private territory. Finally it is pleaded for the abolition of criminal responsibility for repeated administrative violations of the procedure for organizing or holding public assemblies, meetings, demonstrations, street marches and other mass events.

Keywords: public assemblies, meetings, demonstrations, marches, pickets, freedom of peaceful assembly, public assembly law, online notification procedure, Fraport Judgment, Fraport-Urteil des BVerfG, Bundesverfassungsgericht, Federal Constitutional Court of Germany, Germany, Russia.

DOI: 10.12737/art_2018_1_10

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Economic-Legal Regulation of the Russian Labor Market  Pdf 16


leading research fellow of the Department of economic-legal problems of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, professor at the Kazakh-Russian International University, professor at the Department of state-legal disciplines of the Plekhanov Russian University of Economics, doctor of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218

The paper examines the theoretical foundations of the labour market. The Russian labor market is not balanced: on the one hand, there is an excess volume of labour, while on the other hand, there is a structural deficit. There is a process of over accumulation and surplus of labor force, and this phenomenon increases demand for a labor outside of entities leading to a labor shortage. Another feature of the labor market in Russia is a weak connection to capital market. These reasons cause the need to formulate the Russian employment policy, and the strategy and tactics of the regulatory mechanism of the Russian labor market. Optimal socio-economic condition of the labor market and its stability must be characterized by a combination of factors such as effective employment, decent wages and the implementation of measures envisaged by the labour legislation, collective treaties and agreements on the protection of workers in case of layoffs or termination of employees, development and implementation of measures that provide the conservation and rational use of the professional capacity of workers, their social protection, improvement of working conditions and other benefits, as well as other issues including those in the policy implementation program of social stability in the society. According to the author, a radical restructuring of the institutional arrangements of the labor market depends on the development of the economy. This will require the development and implementation of industrial policy taking into consideration its impact on employment. It should promote reorientation from the ongoing tasks to the development and implementation of the development strategy and accelerate the development of a civilized competitive environment in the domestic market in all regions of the Russian Federation.

Keywords: labour market, employment, labor relations, management of labor.

DOI: 10.12737/art_2018_1_11

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Cooperation between the Arctic Council and the Russian Federation on Environmental Issues: Problems of Development  Pdf 16


leading research fellow of the Department of foreign constitutional, administrative, criminal legislation and international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences, associate professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218

The Arctic area of international cooperation is one of the priorities in modern foreign policy of the Russian Federation. In this regard, the Russia's cooperation in the field of environmental protection in the Arctic is of particular importance. The Arctic Council is the most effective political and legal mechanism for cooperation between the Russian Federation and other States of this region on environmental issues. With the aim to study the development of cooperation of Russian Federation with the countries of the Arctic Council on issues of environmental protection, the author has analyzed the various aspects of Russia’s interaction in the frame of international conferences with other Arctic States, as well as agreements and other international legal documents adopted at such conferences. Also mechanism of implementation of decisions taken in the framework of the Arctic Council in the domestic sphere of the Russian Federation was considered in present article. In order to conduct an effective realizing of tasks the author used the method of historical analysis for the study of Russia's participation in the formation of the Arctic Council, its role in the development of the Arctic Council, and international agreements concluded between the Arctic States with the active participation of the Russian Federation in their chronological sequence. Also the author was used the method of system analysis, which allowed to present the implementing circuit of international legal instruments of the Arctic Council be the federal executive authorities of the Russian Federation. According to the study of the development of cooperation between the Russian Federation and the Arctic Council, the author has made a conclusion that one of the main problems is to implement legal decisions of the Arctic Council in the national level. In the Russian Federation the responsibility and authority of some Federal Executive bodies in the sphere of implementation of decisions taken in the framework of the Arctic Council is stipulated at the legislative level, but the bodies is not fully specialized in the sphere of Arctic relations. Taking into account the special geopolitical importance of the Arctic region for the Russian Federation at the present time, it is reasonable to create a specialized body of the executive power.

Keywords: Arctic, Arctic Council, Russian Federation, federal executive authorities, protection of the environment.

DOI: 10.12737/art_2018_1_12

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Evolution of the Interaction between the International Criminal Court and African Countries  Pdf 16


postgraduate student at the Department of international law of the Law Institute of the Peoples’ Friendship University of Russia
6, Miklukho-Maklay st., Moscow, Russia, 117198

The article is devoted to analysis of the evolution of relations between the International Criminal Court (ICC) and African countries. The article examines the main stages of development of these relations since the participation of African countries in the establishment of the International Criminal Court and its development through the holding of regional meetings dedicated to the establishing of the ICC, also through the majority voting of African countries at the Rome conference in 1998 for the adoption of the ICC Statute. The author notes that the in that tome the Organization of African Unity called upon all Member States to support and cooperate with the ICC. The author points out that recently the critically worsen relations between the African countries and the International Criminal Court for various reasons: the influence of non-States parties to the Rome Statute on the ICC, which violates the principles of independence and impartiality of the Court, international legal background, in particular the contradiction of the provisions of the Rome Statute and the conduct of prosecutions by the ICC to a greater extent only with respect to situations in African countries, which causes criticism from some researchers, and African leaders. In this regard, it becomes necessary to conduct relevant reform of the ICC to ensure its independence and effective performance of its functions by combating impunity and preventing the international crimes.

Keywords: International Criminal Court, international crimes, Rome Statute, Africa, African Union, UN Security Council.

DOI: 10.12737/art_2018_1_13

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Petty (Everyday) Corruption: Concept and Social Value  Pdf 16


leading research fellow of the Department of countering corruption methodology of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218

Corruption can undermine an already weak faith in democratic institutions, economic development, negatively affect the already scarce public resources, and reduce the supply of vital social services. In science there is no common opinion what to understand under the everyday corruption. At the same time, there are several directions for rendering state and municipal services subject to domestic corruption. In recent years, scientific interdisciplinary research on combating corruption has been stepped up in Russia in terms of reducing the level of domestic corruption. The main goal of this work is the formulation of socio-legal signs of domestic corruption, the identification of features of its manifestation in various spheres of social life. The objectives of the study were: a comparative analysis of anti-corruption terms and definitions, the identification of the essence and content of domestic corruption based on the functional approach. The methods of this empirical study were monitoring, statistical methods, processing of research results and a comparative legal method. Taking into account the revealed social and legal signs, the areas of realization of domestic corruption, as well as possible measures to reduce its level, it is proposed to understand domestic corruption as a phenomenon having deep historical roots and pervasive character, generated by the interaction of ordinary citizens and officials of the lower and middle levels, economic development of the state, inflated inefficient bureaucracy and poor administration of social services, supported by the population as a habit and due The problem of “solving” domestic problems, and officials - as compensation for insufficient salaries, entailing systemic destructive consequences, undermining the credibility of power and public institutions, whose eradication (level reduction) at the country level is possible at the expense of the actions of the state and civil society, by mass rejection of such corruption, raising awareness and vigilance of the population, transparency and Openness of procedures and decision-making processes in the state (municipal) service, accountability of the relevant institutions in the delivery of services.

Keywords: domestic corruption, the consequences, foreign countries, the reasons.

DOI: 10.12737/art_2018_1_14

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Local Self-Government at the Present Time (Review of the Monograph: Development of Democratic Principles and Institutions at the Municipal Level: the Legal Framework. By V. I. Vasilyev, A. E. Postnikov, A. E. Pomazansky. Moscow, 2017)  Pdf 16


doctor of legal sciences

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I. L. Bachilo. Words of Farewell…  Pdf 16


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