Rukoleev V.A., Zadorina M.A. —
The right to access information: balancing public and private interests
// Legal Studies. – 2024. – ¹ 11.
– P. 38 - 54.
DOI: 10.25136/2409-7136.2024.11.72106
URL: https://en.e-notabene.ru/lr/article_72106.html
Read the article
Abstract: The article is devoted to the study of the subjective right of access to information. The authors set themselves the goal of examining this right through the prism of a balance of public and private interests. The basic views on the relationship between private and public interests are set out in the work by analyzing the judicial practice of the Constitutional Court of the Russian Federation on disputes related to the exercise of the right of access to information. The relevance of the study is due to the problem of disproportionate restrictions on the right of access to information observed in law enforcement practice, the lack of an unambiguous solution to the issue of a combination of public and private interests in legal science, as well as the aggravation of the international political situation. The subject of the study is the judicial practice of the Constitutional Court of the Russian Federation related to the application of legislation on the right to access to information, the norms of the Constitution of the Russian Federation and other normative legal acts regulating legal relations related to the realization of the right to access to information, as well as the works of domestic legal scholars. The methodological basis of the research was made up of general scientific methods, and from among the special legal methods - the formal legal method. Among the general scientific methods, the work used general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), as well as a structural and functional method that allowed reflecting the structure of the right to access information and consistently revealing each element. Based on the legal positions of the Constitutional Court of the Russian Federation, the characteristics of the relativity properties of the right to access information in general and its elements – the right to access open information and the right to access information affecting rights, freedoms and legitimate interests are given. According to the results of the study, it was found that the right to access information affecting rights, freedoms and legitimate interests anticipates the realization of other rights and freedoms. And a related right – the right to access open information – gives the information circulating among the general public the property of completeness. In this regard, the restriction of these rights, as well as the right to access information in general, is possible as an exceptional measure, taking into account the balance of interests of the individual, society and the state.
Rukoleev V.A., Zadorina M.A. —
Problems of realization of the right to pension provision for certain categories of citizens in conditions of international political instability
// Politics and Society. – 2024. – ¹ 4.
– P. 55 - 66.
DOI: 10.7256/2454-0684.2024.4.72767
URL: https://en.e-notabene.ru/psmag/article_72767.html
Read the article
Abstract: The article is devoted to the problems of realization of the right to pension provision by certain categories of citizens of the Russian Federation who are entitled to an early old-age insurance pension, whose work was carried out on the territories of the states that are part of the USSR. The topic is relevant due to the fact that pension legislation is dynamically developing. Modern geopolitical conditions, when citizens of the former Soviet republics acquire citizenship of the Russian Federation due to various circumstances, give the chosen topic great relevance. The study pays special attention to the impact of the current international political situation on the realization of the right to pension provision by such citizens. The subject of the study is the norms of the legislation of the Russian Federation on pension provision, judicial practice, as well as the works of domestic legal scholars on this issue. The methodological basis of the research was made up of general scientific (analysis, synthesis, induction, deduction, generalization), as well as special legal (formal legal) methods of scientific cognition. Based on the analysis of judicial practice, problems have been identified in the realization of the right to an early old-age insurance pension by citizens of the Russian Federation whose work was carried out in the territories of the states that were part of the USSR: difficulties in confirming the existence of a special work experience associated with the adverse effects of various factors due to the reorganization or liquidation of the employer organization; absence (loss) of documents on work experience; ignoring by organizations and authorities of the states of the former Soviet republics requests for information on the provision of information on the duration, nature and working conditions of persons living in Russia, in the territories of the former Soviet Union. It has been established that employees of pension authorities make mistakes in the application (interpretation) of the norms of pension legislation, evade the obligation to request documents necessary for the appointment of a pension from authorities and organizations, shifting this burden on citizens themselves and forcing them to defend their rights and legitimate interests in court. Based on the results of the study, the authors proposed measures aimed at optimizing the procedure for exercising the right to an early retirement insurance pension, taking into account modern geopolitical conditions.
Rukoleev V.A. —
The right of citizens to attend meetings of collegial authorities
// Administrative and municipal law. – 2024. – ¹ 1.
– P. 81 - 93.
DOI: 10.7256/2454-0595.2024.1.69930
URL: https://en.e-notabene.ru/ammag/article_69930.html
Read the article
Abstract: This article is devoted to the study of the problems of regulation and prospects for the development of public relations related to the exercise of the right to attend meetings of collegial authorities. The topic is relevant due to the fact that law enforcement practice indicates massive violations of the right to attend meetings of government bodies. The reason lies in the incompleteness of legislative regulation. The legislator provided only basic, declarative norms. In their development, the authorities independently, taking into account their specifics and peculiarities of functioning, develop the procedure and rules for the presence of citizens at meetings. The subject of the study is the provisions of normative legal acts in the field of regulating the presence of citizens at meetings of collegial authorities, as well as judicial practice and existing scientific provisions on the studied issues. General scientific and special legal methods were used in the work, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), the systematic method, as well as the formal legal method can be distinguished. The scientific novelty is due to the fact that the work reflects the current state of the normative consolidation of the right of citizens to attend meetings of collegial authorities. Based on the results of the study, the author formulated proposals for improving legislation. In particular, to amend article 15 of the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Self-government bodies", providing: firstly, specifying the timing of informing citizens about the meeting appointed by the authority and the name of the sources using which it is necessary to inform, as well as the timing of contacting the authority about the intention to attend the meeting; secondly, to fix the inadmissibility of including in the agenda of one meeting issues containing information of open and limited access; thirdly, to unify the grounds excluding the possibility of attending meetings of authorities.