Human and state
Reference:
Madatov, O.Y. (2025). The concept of constitutional duty as a basis for solving personnel problems in the public sectors of the Russian economy. Law and Politics, 1, 1–18. https://doi.org/10.7256/2454-0706.2025.1.72954
Abstract:
The presented scientific research examines a methodological approach to resolving the personnel shortage in the public sector of the Russian Federation through the implementation of the mechanism of constitutional obligations of citizens. A fundamental analysis of the existing paradigm of personnel policy demonstrates the need for its transformation towards the intensification of civic participation in the processes of state-building, regardless of the gender of the subjects. Particular attention is paid to the potential application of this conceptual model as a strategic imperative for the qualitative strengthening of human resources in key areas of socio-economic infrastructure, including healthcare, education and public administration. The subject of this article is based on a comprehensive analysis of the conceptual model of constitutional duty as a tool for overcoming the personnel deficit in the state apparatus. The methodological basis of the research includes a multidimensional consideration of regulatory and legal mechanisms, moral and ethical imperatives and practical components of the implementation of this concept, as well as an assessment of the associated risks and potential positive effects of its implementation.The purpose of the study is to modernize approaches to staffing the public sector in Russia through the development of legislative initiatives to provide qualified personnel for strategic industries. Important aspects are social responsibility and civic participation in public administration in order to optimize the personnel management of structures. In the course of the work, the following research methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal. To solve the problem of personnel shortage in the Russian public sector, an innovative approach has been proposed, which is significant theoretically and methodologically. The study develops measures based on the synthesis of participatory governance and the concept of constitutional duty. The methodology includes an analysis of international practices with adaptation to Russian conditions and justification of legislative changes. Attention is paid to optimizing investments in education and implementing the principles of constitutional duty. The achievement is the creation of a multi-component platform to overcome personnel constraints in the most important management segments. As part of the modernization of Russian state institutions, it is advisable to introduce the concept of constitutional duty into personnel administration, which requires the integration of legislative initiatives with the involvement of citizens. The proposed reforms, combining legal changes with educational activities, can provide a long-term positive effect for optimizing the work of the state apparatus and improving socio-economic indicators.
Keywords:
defense of the Fatherland, gender equality, military service, public service, lack of qualified personnel, public administration, personnel policy, constitutional duty, legal responsibilities, labor activity
State institutions and legal systems
Reference:
Lapina, M.A., Valentik , G.I., Samofalov , D.E. (2025). The Government of the Russian Federation in the system and structure of the Federal Executive authorities of the Russian Federation: administrative and legal aspect. Law and Politics, 1, 19–32. https://doi.org/10.7256/2454-0706.2025.1.72771
Abstract:
The subject is the conceptual aspects and regulatory legal acts defining the legal status of the Government of the Russian Federation. The article reveals the signs of executive authorities. The analysis of the provisions of regulatory legal acts affecting the legal status of the Government of the Russian Federation is carried out. The relevance of the article is to identify the existing legal uncertainty of the place and role of the Government of the Russian Federation in the exercise of executive power.The theoretical basis is made up of scientific works by scientists and practitioners in the field of public law, whose research interests focused on issues related to the study of the system of executive authorities in Russia. The main purpose of the article is to analyze the legal status of the Government of the Russian Federation and to draw conclusions about its place in the system and structure of federal executive authorities and its role in public, including executive, government. In the course of the research, legal methods (formal-logical, comparative-legal), as well as the methodology of system analysis and expert analysis were used. As a result of the analysis of constitutional and administrative legislation in the field of public administration, significant features of the Government of the Russian Federation have been identified, interaction and relationship with federal executive authorities have been characterized, and problematic aspects of its legal status have been identified. The statement in the Federal Law "On the Government of the Russian Federation" that the Government of the Russian Federation is part of the system of federal executive authorities does not seem sufficiently justified, taking into account the content of the Basic Law of Russia and the acts of the President. The novelty of the article lies in substantiating the need to verify the provisions of regulatory legal acts on the legal status of the Government of the Russian Federation for their compliance with the Constitution of the Russian Federation, as well as the need for interpretation by the Constitutional Court of the Russian Federation, taking into account the amendments to the Constitution of the Russian Federation introduced in 2020.
Keywords:
structure, system, legal status, administrative reform, constitutional reform, public authority, federal agencies, The Government of the Russian Federation, The executive branch, executive authorities
JUDICIAL POWER
Reference:
Losev, S.G., Morozov, V.I. (2025). Ways to improve the Institute of World Justice in Russia. Law and Politics, 1, 33–39. https://doi.org/10.7256/2454-0706.2025.1.71677
Abstract:
The object of the study is the organization and activity of the Institute of Magistrates in the Russian Federation. The subject of the study is the organization of the procedure for appointing magistrates to positions in accordance with the current legislation of Russia. The problem of the implementation of the election of magistrates by the population of the subject of the Russian Federation is considered. The problem of the relationship between magistrates and federal courts is considered. The problem of the place of magistrates in the judicial system of Russia is considered. The subject of the study is also the history of the Institute of magistrates in the Russian Empire. The article analyzes the general trends in the development of the Institute of world justice in modern Russia. The problems of overloading magistrates with court cases, dependence of this judicial link on district courts, non-compliance with the provisions of the Federal Law "On Magistrates" in terms of their electability by the population are considered. The research methods are the historical method, the method of analyzing documents. The descriptive method was also used as a research method. As one of the directions for improving the domestic institute of world justice, it is proposed to remove magistrates from subordination to the system of federal courts. It is proposed to establish a congress of justices of the peace – a periodically operating body uniting all magistrates of the region. As an appellate instance, it is proposed to establish permanent collegiums of the congress: criminal, civil and administrative, which should be formed from the most experienced magistrates of the region. It is also proposed to establish a position of a reserve (reserve) justice of the peace, who should be entrusted with the duties of reviewing the cases of judges who are on vacation or absent for other reasons. The objectives of the proposed measures are to increase the independence of magistrates, increase their authority among the population of the region in which they administer justice, uniformity in law enforcement practice, and reduce the burden on magistrates and district judges.
Keywords:
Election of judges, The status of judges, courts of cassation, improvement of the judicial system, Justices of the peace, regional justice, Federal courts, judicial system, magistracy, Courts of the subjects of the Federation
Human and state
Reference:
Iakovlev-Chernyshev, V.A. (2025). Some ways to improve the effectiveness of Russia’s migration law policy. Law and Politics, 1, 40–52. https://doi.org/10.7256/2454-0706.2025.1.73191
Abstract:
The subject of the study is migration law policy of Russia. The aim of the study is to analyze the characteristics of legal regulation of labor, educational, environmental migration and develop proposals for improving the migration law policy of Russia taking into account the multidimensional nature of migration relations as a subject of regulation. The author of the article draws attention to the fact that, from the point of view of migration law policy formation, the division between internal and external migration is essential, both types of migration have their own characteristics and are characterized by specific problems requiring appropriate legal regulation. The study also examines the features of legal regulation of different types of migration in the context of substantiation of directions for improving the effectiveness of Russian migration law policy. Methodological basis of the study is systematic, complex and specific-historical approaches. In the process of research, formal-legal, systemic-structural, hermeneutic and other methods of scientific cognition in various combinations are used. The study produced the following main results, which contain elements of scientific novelty: the establishment in legislation of categories of migrants to clarify their legal status; development of a state strategy for regulating labor, educational and environmental migration; adoption of the law on social and cultural integration of foreign citizens in Russia; more intensive pre-immigration training for foreign nationals; improvement of the statistical reporting of internal and external migration. The findings and results can be used in further legal studies aimed at improving migration law policy of Russia, as well as in the activities of public authorities.
Keywords:
citizens of Russia, effectiveness of legal regulation, environmental migration, educational migration, labour migration, internal migration, external migration, types of migration, migration law policy, foreign citizens
History of state and law
Reference:
Manin, I.V., Burenko, K.A. (2025). The legal foundations of the Francoist regime. Law and Politics, 1, 53–63. https://doi.org/10.7256/2454-0706.2025.1.73100
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Abstract:
The object of the study is the legal aspect of the Francoist political regime as an element of the form of the state (public relations in the field of governance of Francoist Spain), the subject is regulatory legal acts expressing the existing political system in the state. The authors of the article studied the regime of Francisco Franco and revealed its legislative framework, revealing the legal nature of authoritarianism in a single country, Spain, pointing to the concealment of the authoritarian nature of the dictatorship by democratic laws, as well as the abuse of the right to impose martial law or other emergency forms legalizing the usurpation of power. The relevance of the research topic lies in the possibility of using methods of legislative consolidation of a political structure, as well as substantiating the authoritarian legal nature of specific political regimes, forecasting prospects and modeling the development of dictatorships. The research is relevant for legal theorists and practitioners who substantiate the foundations of the constitutional order of states. The authors considered not the political, but the legal side of the rule of the Spanish speaker, introduced into scientific circulation new information about the norms of Spanish law of the Francoist period of the history of the relevant state. The methodological basis of the research is made of general scientific (comparison, analysis, synthesis, analogy, deduction, induction, and others) and special (formal logical, interpretation of law, and others), historical-legal, systemic, and other methods of cognition. The scientific novelty of the work is due to the analysis of the "Fundamental Laws of the Kingdom." The authors note that the law on succession to the throne provided for the possibility of the usurpation of supreme power in Spain by the Regency Council after the death of Francisco Franco. The purpose of the study is to identify legal methods of consolidating the authoritarian regime. The objectives of the research include the study of the normative legal acts that established the regime of Francisco Franco in Spain, as well as the relevant Russian and foreign doctrine on the topic of the scientific article. The fundamental laws of the Kingdom established the regime of Francisco Franco: a personalistic autocracy, making it stable for the duration of the dictator's life, while at the same time determining its gradual design and transformation in the future. The Francoist regime finally took shape by 1967 with the adoption of the Organic Law of the State, the last of the Fundamental Laws of the Kingdom, which came into force during the lifetime of the authoritarian leader.
Keywords:
The Charter of Labor, Spanish national referendums, The Cortes, forced labor, Spanish fundamental laws, Francisco Franco, authoritarian regime, political regime, Spain, The Spanish Charter