The article deals with the issues concerning constitutional rationale of international standards in local selfgovernment in legal systems of different states. The authors suggest that the issues concerning modernization of public and municipal administration bodies should be considered on international experience base. The research shows that a considerable part of constitutions' provisions of different states regulating municipal bodies' activities have similar components. This can be explained by the fact that legal systems of the states are guided by international standards enshrined in international treaties. The authors define six standard elements of constitutions' provisions about local self-government. recognition of local self-government by the state; administrative and territorial structure of the state; the main powers and functions of municipal government; forms of self-government in communities, administrative control of municipalities and guarantees of local government. The authors offer their classification of constitutions based on their unification extent. The conclusion gives the idea of how local self-government in different countries is secured by their constitutions and laws.
The subject of the article is the analysis of three main aspects of the fight against corruption: the prevention of corruption, the fight against corruption and minimizing the consequences of corruption offenses. Separate gaps in the legislation affecting the effectiveness of anti-corruption, mechanisms of interaction between government, business and society, which have as their goal the prevention of corruption, are examined. The role of civil society institutions in the fight against corruption, as well as the influence of the media on the perception of the image of a corrupt official, is examined. The problem of criminalizing the liability of legal entities for corruption offenses, the problem of applying such a criminal law measure as confiscation of the property of a corrupt official are touched upon. Briefly discussed are the possibilities of transferring to the legal field some aspects of corruption in the form of organizing lobbying activities. The authors also consider aspects of minimizing the social consequences of corruption.
Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.
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