Release:
2024. Vol. 10. № 3 (39)About the authors:
Anna E. Kanakova , Cand. Sci. (Jur.), Associate Professor, Department of Constitutional and International Law, Altai State University, Barnaul, Russia; kananna19@yandex.ru, https://orcid.org/0000-0003-1912-4575Abstract:
This article deals with the restrictions of filling state and municipal posts and posts of state and municipal service in the Donetsk and Luhansk People’s Republics (DPR and LPR), established for the transitional period. Until January 1, 2026, on these territories, there will be established special rules regarding the criteria preventing appointments to a state and municipal position or the corresponding service, which to date have not been the subject of comprehensive research, including in the framework of the right to participate in the management of the affairs of the state. Thus, this article aims to fill in this lacuna and to identify positive and negative consequences of the modified list of restrictions. The results show that these restrictions, which are in force during the transition period, represent a significantly reduced list of provisions compared to the provisions currently in force on the territory of other Russian subjects and in relation to specific types of services. Despite their seemingly repetitive legal construction, these restrictions are stated in the Presidential Decree and filled with different meaning from the traditional approach due to the need to preserve and maintain the existing human resources potential for the local authorities. Yet, even with their logical purpose, these contain a number of prerequisites for current and subsequent problems, aggravated by the absence in this act of some existing restrictions in the Russian legislation.Keywords:
References:
Anichkin, E. S., & Kanakova, A. E. (2023). Comparative-legal analysis of the elements of constitutional and legal status of the residents of Donbass, Vestnik Kemerovskogo gosudarstvennogo universiteta. Seriya: Gumanitarnye i obshchestvennye nauki, 7(3), 310–323. [In Russian]
Anichkin, E. S., & Kolpakova, Yu. I. (2024). Constitutional and legal status of the legislative bodies of the Donetsk and Luhansk People’s Republics in the transitional period of integration into the Russian Federation. Altayskiy yuridicheskiy vestnik, (2), 36–45. [In Russian]
Denisenko, I. F. (2024). Problems of improving federalism and the system of public authority in the process of formation of new subjects of the Russian Federation. Gosudarstvennoe i munitsipal’noe upravlenie. Uchenye zapiski, (1), 41–46. [In Russian]
Oliynyk, I. L., & Degtyareva, L. N. (2024). Integration of the new subjects of the Russian Federation in the big Russia: prerequisites, status and prospects. In Proceedings of the Conference on State and Municipal Management: Yesterday, Today, Tomorrow (pp. 113–125). Norledzh. [In Russian]
Presnyakov, M. V. (2024). Institute of personnel commissions in the state and municipal service: a temporary measure or a new vector of development. Administrativnoe pravo i protsess, (4), 27–32. [In Russian]
Semenov, K. V. (2024). Legal status of the Republic of Crimea, LPR, DPR, Zaporizhzhya, and Kherson regions after joining the Russian Federation [conference theses]. In Problemy sovershenstvovaniya rossiyskogo zakonodatel’stva (pp. 476–477). [In Russian]
Stepanova, V. V. (2023). Peculiarities of labor regulation of workers having admission to the state secret. In V. P. Vershinin, & A. L. Tretyakov (Eds.), Actual Problems of Modern Russia: Psychology, Pedagogy, Economics, Management and Law: Proceedings of Research Papers of International Research Conferences (Vol. 10, pp. 860–867). [In Russian]
Channov, S. E. (2023). State and municipal service in the new territories of the Russian Federation. Administrativnoe pravo i protsess, (10), 11–16. [In Russian]
