к вопросу о правовых механизмах реализации документов стратегического планирования
EDN: LGDGMH
Abstract
Introduction: The article is devoted to studying the mechanism for implementing strategic planning documents by examining their relationship with the legal forms of public administration commonly recognized in legal literature — legal acts, legally significant actions, etc. — through the identification of elements of strategic planning documents that possess normative, individual-legal, or other legal properties. Methods and materials: Based on formal-legal, analytical, system-structural, and dogmatic scientific methods, the legal mechanism for implementing certain types of strategic planning documents — strategies, concepts, national projects, state programs, messages from the President of the Russian Federation to the Federal Assembly of the Russian Federation, state forecasts, and territorial planning schemes — has been studied. Research results: Based on the fact that the structure and content of strategic planning documents contain provisions in different proportions that can be attributed to a variety of unilateral power decisions aimed at an indefinite circle of people and at repeated execution, and to individual decisions (instructions), they contain statistical data, i. e. there is a statement of facts, and There are also provisions of predictive and (or) variable content, and there is no single mechanism for implementing strategic planning documents. It appears that the mechanism for their implementation should include the right of higher authorities to overturn decisions made by lower authorities on the basis of incorrect interpretation or application of the provisions of strategic planning documents. Conclusions: The expediency of classifying strategic planning documents as an independent legal form of public administration is substantiated, and the mechanisms for their implementation are enshrined directly in the articles of the Federal Law.
About the Author
E. G. BabelyukRussian Federation
Ekaterina G. Babelyuk, Associate Professor at the Department of Administrative Law at the Faculty of Law, Advisor to the Rector, PhD in Law
References
1. Bobryshev, I. S., Vedernikova, A. V., Voronin, V. V., Erina, N. V., Tyupyshev, D. A. (2020) Mechanisms of Forecasting and Strategic Target Setting for the Socio-Economic Development of the Russian Federation. World of the New Economy. No. 14 (1). Pp. 88–100. (In Russ.). DOI: 10.26794/2220-6469-2020-14-1-88- 100
2. Zubarev S. M. (2022) Strategic management acts in the field of ensuring national security. Bulletin of the O. E. Kutafin University (MSAL). No. 11. Pp. 21–29. DOI: 10.17803/2311-5998.2022.99.11.021-029
3. Kozhokar, I. P., Mamyasheva, D. R. (2024) Acts of strategic planning: a theoretical and legal study. Moscow : Prospekt, 160 p. (In Russ.).
4. Kirillovyh, A. A. (2015) Legal doctrine and “doctrinalistin law”: to the issue about the sources of legal regulation. Legislation and Economics. No. 8. P. 29–41. (In Russ.). EDN: UMCDQV
5. Kutuzova, N. S. (2016) On the role of normative-legal acts of policy. Russian justice. No. 5. Pp. 9–11. (In Russ.). EDN: KYPEUB
6. Malko, A. V., Gaivoronskaya, Ya. V. (2018) Doctrinal acts as the main instrument of legal policy. Right. Journal of the Higher School of Economics. No. 1. Pp. 4–25. (In Russ.). DOI: 10.17323/2072-8166.2018.1.4.25 EDN: YVVQIY
7. Mitskevich, L. A. (2015) Essays on the Theory of Administrative Law: Modern Content : Monograph. Moscow: Prospekt, 296 p. (In Russ.).
8. Rossinsky, B. V. (2024) On the Public Administration System. Administrative Law and Procedure. No. 6. Pp. 3–6. (In Russ.). DOI: 10.18572/2071-1166-2024-6-3-6
9. Skuratov, D. Y. (2002) Problems of the participation of President of the Russian Federation in the rulemaking process : Dis. ... candidate of legal sciences. Moscow, (In Russ.).
10. Talapina, E. V. (2021) Prospects for Legal Regulation of the Quality of Public Administration. Administrative Law and Process. No. 11. Pp. 33–36. (In Russ.). DOI: 10.18572/2071-1166-2021-11-33-36
11. Utkin, V. A. (2018) The penitentiary system modernization concept as a doctrinal political and legal act. Bulletin of Tomsk State University. No. 431. Pp. 210–214. (In Russ.). DOI: 10.17223/15617793/431/29 EDN: VSMYZS
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