The law on the special status of certain areas of Donbass can only remain on paper. Initially conceived as a framework initiative (it will become real after the adoption of additional by-laws), it immediately aroused rejection from both the executive branch - especially those officials who run for parliamentary elections on the lists of presidential party competitors, and the DPR / LPR. He was also obstructed by the "Maidan" public, who regarded the law as concessions to Russia, and, therefore, as a manifestation of the weakness of power. Will the peace process withstand such an attack, or will the war flare up with renewed vigor?

Declaration, not law

Recall, Rada guaranteed territories controlled by the DPR/LPR, the right to expanded powers of local self-government (in particular, the right to create their own people's militia and influence the appointment of prosecutors and judges), special relations with the Russian Federation, protected amounts of funding from the state budget. Also on December 7, elections of local self-government are to be held in the territories.

And although the wording of the law is rather vague and requires clarification, the ministers of the government of Arseniy Yatsenyuk have already started talking that in reality everything will not be the same as in the law. For example, protected financing from the state budget through taxes, which will be determined every year. Minister of Justice Pavel Petrenko has already stated that the Cabinet of Ministers will not allocate a penny to the areas of Donbass controlled by militants. “We will finance the restoration from the state budget only when Ukrainian authorities are restored in this territory and enterprises start working. The formula is simple - chipped in and restored. And not at the expense of the expenses of the whole of Ukraine,” developed topic Arseniy Yatsenyuk at a government meeting. On his instructions, the Ministry of Finance will create a special fund, which is supposed to be filled at the expense of business owners and international assistance. However, the oligarchs are unlikely to want to fill the "piggy bank of Donbass." According to economist Alexander Okhrimenko, for those who profited from the ATO, the start of the peace process means a loss of economic benefits. Therefore, the law is unlikely to actually work.

“The law, which actually has four pages, is nothing more than a declaration. He was accepted so that Putin would make the next move and continue the withdrawal of troops from the Donbass, ”adviser to the head of the Ministry of Internal Affairs Anton Gerashchenko explained the logic of the government on the air of the channel“.

Red rag for Maidan

The president and his political forces could not have come up with a better “gift” for opponents from the Maidan camp on the eve of the elections than the “special status” of parts of the Donbass regions. Soon after the vote, Yulia Tymoshenko smashed the decision of the Rada to smithereens, calling it "a complete surrender of Ukraine's interests in the Donbass, legalizing terrorism and the occupation of Ukraine." Oleg Tyagnibok and Oleg Lyashko spoke in a similar vein. Dmitry Yarosh went the furthest: “The adoption of the law is an attempt at an anti-state coup. If Poroshenko does not come to his senses, we will have a new president and commander-in-chief,” he threatened on the social network.

It turns out that the law, conceived as a stabilizer of the situation in the Donbass (or at least giving the army a break), was perceived by the most radical politicians as a red rag, provoking anti-presidential sentiments among his Maidan comrades-in-arms.

• Poroshenko: “I will offer Donbass such rights that others have not had in history”

“The resentment of the patriotic part of society is understandable: it is caused both by the essence of the law - political capitulation, and the form of acceptance - a cynical manipulation of the concept of "parliamentarism", - political scientist Vladimir Tsybulko believes. - Now those who identify themselves with the Maidan and its values ​​have weapons in their hands. Volunteer battalions, fighters of the National Guard, are simply outraged by the Armed Forces of Ukraine, because it was their brothers who shed blood in the Donbass.”

Will a truce

The law did not meet with understanding among the leaders of the DNR/LNR either. They stated that they do not care what laws Ukraine adopts, and the special status document is just an excuse to start negotiations, at the end of which there will be the independence of the DNR/LNR, moreover, within the borders of the Luhansk and Donetsk regions.

Finally, the toughening of the rhetoric and actions of the West attracts attention. So, during Poroshenko's visit to the States, a new package of sanctions against Russia and the provision of military assistance to Ukraine by the United States were announced.

“If someone is armed, it is not about philanthropic considerations. The appearance of a large number of weapons in the conflict zone is unlikely to contribute to the de-escalation of the conflict, we can even talk about the deployment of a more global conflict,” political expert Kost Bondarenko believes.

Will the truce be able to withstand all these blows?

Bondarenko believes he can: “The Europeans, and especially the United States, are unlikely to escalate in the next month and a half. By-elections to the Senate and Congress will be held on November 4, with the Democrats still losing by vote. Obama is unlikely to want to spoil the rating with a new aggravation in Ukraine, which he did not fail to inform the Ukrainian authorities about.” The political scientist Vladimir Fesenko estimates the probability of maintaining the truce at 15-20%. “It can break at any stage, because the law does not give any guarantees. However, this is at least a small, but a chance,” the expert summed up.

Minsk talks

Today in Minsk take place negotiations of the group to resolve the situation in the Donbass. As former President's Special Representative Leonid Kuchma said at a meeting with Russian Ambassador to Ukraine Mikhail Zurabov, OSCE Chairman's Special Representative Heidi Tagliavini and representatives of the DPR and LPR, they plan to adopt a detailed ceasefire document behind closed doors. A RIA Novosti source at the Russian Mission to the OSCE clarified that the document will state what weapons should be withdrawn and how far the troops will be dispersed.

The presidential draft law provides for the provision of a special order of self-government to a number of regions of Donbass for a period of three years.

On Tuesday, the parliament registered a draft law of the President of Ukraine on the introduction of a special procedure for self-government in certain areas of Donbass, as well as on holding early local elections in these regions on December 7, 2014.

This bill was introduced by the President of Ukraine Petro Poroshenko and registered in the Verkhovna Rada on Tuesday morning under No. 5081.

According to the document, the state guarantees the prevention of criminal prosecution, bringing to criminal, administrative responsibility and punishment of persons - participants in the events on the territory of Donetsk and Luhansk regions.

The state also guarantees the right to use Russian or any other language in public and private life, the study and support of Russian and any other languages, their free development and equality.

The bill provides for holding local elections in this region on December 7 this year. Powers of deputies of local councils and officials elected in early elections appointed by the Verkhovna Rada of Ukraine by this law cannot be terminated ahead of schedule, the text of the bill says.

A special procedure for appointing the heads of prosecution bodies and courts is also being introduced, which involves the participation of local governments in resolving these issues. The Cabinet of Ministers, other central executive authorities may sign agreements with the relevant local self-government bodies regarding the economic, social and cultural development of individual regions.

The bill also involves the signing of an agreement on the economic, social and cultural development of certain areas. State support consists in the introduction of economic and investment activities that differ from the general economic regime, aimed at restoring industrial facilities, transport and social infrastructure, housing stock, reorienting industrial potential, creating new jobs, attracting investments and loans for the restoration and development of facilities located in certain areas of the Donetsk and Lugansk regions, the text of the document says.

According to the text of the bill, annual state budgetary support is provided for the socio-economic development of individual regions. Ukraine guarantees the definition of such expenses of the general fund of the state budget as protected expenses, the volume of which cannot be changed when the reduction of approved budget assignments is made, the document says.

The draft law also provides for the strengthening and deepening of good-neighborly relations between territorial communities, local self-government bodies of individual regions with administrative-territorial units of the Russian Federation on the basis of border cooperation agreements, which are drawn up by territorial communities, local self-government bodies, local executive authorities of Ukraine and territorial communities within competence established by law.

Detachments of people's militia are created on the territory of these districts by decision of city, settlement, village councils, their activities are coordinated by the corresponding village, settlement, city chairman. Detachments of the people's militia are formed on a voluntary basis from among the citizens of Ukraine who permanently reside in the respective settlements of certain areas of the Donetsk and Lugansk regions, the bill says.

Deputies of the State Duma on Wednesday adopted in the third reading the draft law "On Moscow State University named after M. Lomonosov and St. Petersburg State University." This document determines the status of both universities as federal state budget institutions, whose founders are the government of the Russian Federation.

According to the bill, the charter of both universities will be approved by the government, and the rectors will be appointed by the President of the Russian Federation. At the same time, their term of office is stipulated both at Moscow State University and at St. Petersburg State University: it cannot exceed five years. However, by decision of the head of state, rectors may be appointed for a new term. The president also has the right to prematurely dismiss the heads of universities from their positions.

The bill determines that both universities "include branches, representative offices, faculties and other divisions without the right of a legal entity." In addition, they "may include legal entities, including institutions." The heads of these legal entities, which are part of the complex of both universities, must be appointed and dismissed by the rectors of these universities in agreement with the executive body authorized by the government of the Russian Federation. The deans and heads of departments of both universities will be elected in the manner prescribed by their statutes.

The draft law determines that the procedure for financing legal entities that are part of the scientific and educational complex of both universities at the expense of the federal budget remains until the day the federal law on the budget for 2010 comes into force.

An example for others

Nikolay Kropachev, rector of St. Petersburg State University, believes that the adoption of the law on the special status of Moscow State University and St. Petersburg State University will allow the country's largest universities to become an example for Russian educational institutions.

"With the adoption of the law, the two largest universities in the country have an important task: they must, by their example, show Russian educational institutions new models of work in all areas, including scientific, educational and innovative activities," the press service of the university quoted Kropachev as saying on Wednesday.

In turn, St Petersburg University President Lyudmila Verbitskaya told Interfax that the adoption of the law in the third reading is "a purely technical moment." “However, we are very pleased with this, because we have been striving for this for a long time, a lot of work has been done,” she said. According to her, the special status of the university enables the university to independently prepare educational programs and plans. "This, on the one hand, emphasizes great confidence in us, and on the other hand, it is a great responsibility. We must become an example for all universities."

The St Petersburg University press service stressed that thanks to the new law, the university will be able to respond flexibly to changes in society’s needs for high-level educational services, make the most of intellectual and other resources, and ensure the promotion of its own educational programs in the global market for educational services.

Liability Law

Meanwhile, the rector of Moscow State University Viktor Sadovnichy believes that the law on the status of the Moscow and St. public universities will preserve the fundamental foundations of the national high school. According to him, "the draft law under discussion systematizes a number of already existing special opportunities, which until now were regulated by various legal acts."

For example, we are talking about the right to independently establish educational standards, the right to conduct additional specialized entrance examinations, the right to issue their own diplomas of education. “That is why this law is a law of responsibility, and not a law of privileges. On the responsibility of the leading and oldest Russian universities before colleagues, society and the state," Sadovnichiy said, adding that "the new bill is a step towards fixing a new structure."

"Already exist today federal universities, designed to become leading educational and scientific centers Russia, national research universities, whose task is to carry out serious Scientific research and develop new production technologies, there are also regional universities. All together they are called upon to solve the whole range of academic tasks, but at the same time, for each of them, this or that function is a priority," said the rector of Moscow State University.

Speaking about why these two universities are given a special status, Sadovnichiy said: “This is due historically. Firstly, these universities are the oldest and largest in Russia. Secondly, their scale, versatility of academic processes and political role are unique. sense of education policy.

10. Types of administrative and legal relations.

11. The concept and features of the administrative legal personality of individuals.

12. Administrative and legal status of citizens (general description of rights and obligations in administrative law).

13. Special administrative and legal statuses of citizens.

14. Administrative and legal status of foreign citizens and stateless persons.

15. Administrative complaint: concept, types. Proceedings on an administrative complaint.

17. Administrative and legal framework for the activities of collective entities (commercial and non-commercial organizations).

18. The concept and system of executive power in the Russian Federation.

19. The concept and types of executive authorities in the Russian Federation.

20. Legal status of executive authorities: organizational structure and competence.

21. Government of the Russian Federation: concept, composition, structure, organizational and legal forms of activity. Apparatus of the Government of the Russian Federation.

22. The competence of the Government of the Russian Federation in the system of willows.

23. System of federal executive bodies: concept, structure, legal status of bodies.

24. Administrative regulations for the activities of federal executive bodies: general characteristics, content.

25. The system of executive authorities of the constituent entities of the Russian Federation.

26. The system of public service in the Russian Federation.

27. The concept and classification of public positions in the Russian Federation.

28. The concept, types, principles of the civil service.

29. The concept, classification and characteristics of civil service positions.

30. The concept and classification of civil servants. Requirements for state civil servants.

31.Administrative - legal basis for the passage of the civil service.

32. Military and law enforcement (militarized) public service: concept, signs, types, features.

33. The concept and features of an act of public administration.

34. Types of acts of public administration.

35. Acts of the President of the Russian Federation, the Government of the Russian Federation, departmental administrative acts: concept, meaning, features.

36. The procedure for the development, adoption, entry into force and publication of acts of public administration. Termination of acts of state administration.

37. The concept, meaning, signs and types of administrative-legal agreements (contracts).

38. Administrative process: concept, structure, main features.

39. Administrative jurisdiction: concept, features, types.

40. Administrative procedures in the activities of public administration: concept, types, features.

41. Licensing and permitting system in the Russian Federation: concept, meaning, features, types.

42. Special administrative-legal regimes: concept, types, signs, measures.

43. The concept of the legality of the activities of the executive branch and the means of its provision.

44. Presidential and parliamentary control in the sphere of executive power.

45. General characteristics of administrative proceedings: the concept, types of administrative legal disputes, the procedural form of their resolution.

46. ​​Encouragement in the activities of public administration: concept, meaning, features, types, production.

47. The concept and general characteristics of administrative-legal coercion: purpose, grounds, signs of the measure.

48. Measures of administrative restraint: concept, types, features.

49. Special measures of administrative restraint: the use of physical force, special means, weapons.

50. Administrative-preventive and administrative-remedial measures of coercion.

51. Administrative - tort law. General characteristics of the Code of Administrative Offenses of the Russian Federation.

52. Legislation of the subjects of the Russian Federation on administrative offenses.

53. The concept, essence, meaning and main features of administrative responsibility. Exemption from administrative responsibility.

54. The concept and signs of an administrative offense. Separation of administrative offenses from other offenses.

55. Structure of an administrative offense. Types of compositions.

56. Object and objective side of an administrative offense.

57. The subject of an administrative offense.

58. The subjective side of an administrative offense.

59. The concept and system of administrative penalties.

60. Warning, administrative fine, reimbursable seizure, confiscation as a measure of administrative punishment.

61. Deprivation of a special right, administrative arrest, administrative expulsion, disqualification, administrative suspension of activities as a measure of administrative punishment.

62. Rules for the appointment of administrative penalties.

63. Plurality of administrative offenses: concept, types, order of sentencing.

64. Proceedings in cases of administrative offenses: general characteristics (concepts, normative framework, tasks, principles).

65. Legal status and types of bodies considering cases of administrative offenses. Jurisdiction of affairs.

66. Legal status of participants in proceedings in cases of administrative offenses.

67. Evidence in the proceedings on cases of administrative offenses.

68. Measures to ensure proceedings in cases of administrative offenses: general characteristics, concept, system, regulatory framework.

69. Delivery, administrative detention, drive: the concept, basis and procedure for their application.

70. Personal search, search of things and vehicles, inspection of premises and territories, seizure of things and documents: the concept, basis and procedure for their application.

72. The stage of initiating a case on an administrative offense.

1. Reasons for initiating a case on an administrative offense are:

73. Stage of consideration of a case on an administrative offense.

74. Stage of review of the case of an administrative offense.

Chapter 30 of the Code of Administrative Offenses.

75. The stage of execution of decisions in cases of an administrative offense: a general description.

13. Special administrative and legal statuses of citizens.

Special APS- enrich the total APS, tk. a subject with a special APS acquires a certain set of rights and obligations.

Signs:

1. A special legal basis is the basis of special laws, by-laws in relation to this category of persons. 2. This category is in permanent legal relations with public administration bodies.

3. Include additional administrative rights and obligations in relation to general law. Scroll:

1) persons whose freedom is limited in the administrative order

2) persons affected by extraordinary situations and in need of administrative refugee care,

forced migrants, orphans, the unemployed.

3) foreign citizens and stateless persons

4) state.and municipal.employees.

5) Residents of a territory with a special admin-pr.region

6) students.

To establish a special status, you must:

1. Status legalization procedure

2. Conditions for obtaining the status

3. List of up to. restrictions, encumbrances and obligations

4. additional rights, powers

5.powers and rights of the administration in relation to 3 persons

6. procedure for confirming the special status, its extension and its registration

7.founder and procedure for the loss and deprivation of status.

14. Administrative and legal status of foreign citizens and stateless persons.

The general legal status of foreign citizens and stateless persons is determined by the Constitution of the Russian Federation, Federal Law No. m115 of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”, other Federal Laws, as well as international treaties.

Foreign citizen - An individual who is not a citizen of the Russian Federation and has evidence of citizenship (nationality) of a foreign state.

Stateless person (stateless person)– an individual who is not a citizen of the Russian Federation and does not have evidence of citizenship (citizenship) of a foreign state.

According to the time of stay in the territory of Russia, foreign citizens and stateless persons are divided into:

- temporarily staying in the Russian Federation, those. arriving in the Russian Federation on the basis of a visa or in a manner that does not require a visa, and who do not have a residence permit or a temporary residence permit (transit passengers, crew members of sea and river vessels);

-temporarily residing in Russian Federation - those who have received a temporary residence permit in the Russian Federation, issued in the form of a mark in the document proving the identity of a foreign citizen or stateless person. The period of temporary stay is determined by the period of validity of the issued visa;

-foreign citizens permanently residing in the Russian Federation and persons without Citizenships are persons who have received a residence permit issued after living in the Russian Federation for at least 1 year on the basis of a temporary residence permit. The residence permit is issued by the territorial body of internal affairs for 5 years and can be repeatedly extended.

Entry of foreign citizens and stateless persons into the territory of the Russian Federation, accommodation, transit arrival are carried out under a special permit - a visa issued by diplomatic missions and consular offices of the Ministry of Foreign Affairs of the Russian Federation, as well as by the bodies of the Ministry of Internal Affairs of the Russian Federation and issued with a mastic seal in the passport or on a separate form.

Visas are divided into diplomatic, service, ordinary, transit, temporary stay, tourist, business, educational, etc.

The regulation on making a decision on the undesirability of the stay (residence) of a foreign citizen or stateless person in the Russian Federation determines the JI authorized to make such decisions (the Ministry of Foreign Affairs, the Ministry of Internal Affairs, the Ministry of Defense, the Ministry of Health, the Foreign Intelligence Service, the Ministry of Justice) and the procedure for their implementation.

By a decree of the Government of the Russian Federation, the Federal Migration Service of the Ministry of Internal Affairs of the Russian Federation is entrusted with the creation, maintenance and use of a central bank for a couple of foreign citizens temporarily arriving and residing in the Russian Federation.

According to the Constitution of the Russian Federation (Article 62, part 3), foreign citizens and stateless persons in the Russian Federation enjoy the rights and bear obligations on an equal basis with citizens of the Russian Federation, except for the cases established by the Federal Law and international treaties, in particular, they do not have the right to:

Elect and be elected to federal government bodies and ORG of the constituent entities of the Russian Federation;

Participate in the referendum of the Russian Federation and referendums of its subjects;

Be in state and municipal service;

To fill positions in the crew of a vessel flying the State Flag of the Russian Federation;

Be a member of the crew of a warship of the Russian Federation or another ship operated for non-commercial purposes;

Be the commander of a civil aviation aircraft;

Be a member of Russian political parties;

Not allowed to engage in activities related to state secrets;

They do not have military obligations.

Decree of the Government of the Russian Federation of October 11, 2002 No. 755 approved a list of objects and organizations in which foreign citizens do not have the right to be hired:

Objects and organizations of the Armed Forces of the Russian Federation, other troops and military formations;

Structural divisions for the protection of state secrets and divisions carrying out work related to the use of information constituting a state secret;

Organizations that include radiation-hazardous and nuclear-hazardous facilities that develop, manufacture, operate, store, transport and dispose of nuclear weapons, radiation-hazardous materials and products.

Government Decree No. 754 dated October 11, 2002 also approved a list of territories, organizations and facilities for entry into which foreign citizens special permission required:

Territories of closed administrative-territorial formations and closed military camps;

Territories with regulated visits for foreign citizens;

Territories in which a state of emergency and martial law has been introduced;

Territories where special conditions and regime of stay have been introduced due to the danger of the spread of infectious diseases and poisoning of people;

Zones for conducting counter-terrorist operations;

border zones;

Objects where state authorities and other bodies and organizations are located that are related to the use of information constituting a state secret;

Other territories, organizations and facilities for which Russian citizens need special permission to visit.

On September 16, the Verkhovna Rada of Ukraine adopted a law on the introduction of a special procedure for self-government in certain areas of the Donetsk and Luhansk regions for a period of three years, as well as on holding early local elections in these regions on December 7, 2014.

277 out of 450 deputies voted for the law on granting a special status to certain areas in the Donetsk and Luhansk regions. And 287 deputies voted for the law prohibiting the prosecution and punishment of participants in the events in the Donetsk and Lugansk regions.

The corresponding bill "On preventing the prosecution and punishment of persons participating in the events on the territory of Donetsk and Luhansk regions" was also introduced by the President of Ukraine Petro Poroshenko.

As the site has already reported, Petro Poroshenko submitted a bill to the Ukrainian parliament, according to which a special procedure for self-government is introduced on the territory of the Donetsk and Luhansk regions of Ukraine.

The bill also provides for the signing of an agreement on economic, social and cultural development individual areas. The document also allows for annual budgetary state support for the socio-economic development of individual regions.

"Ukraine guarantees the definition of such expenditures of the general fund of the state budget as protected expenditures, the volume of which cannot be changed during the reduction of approved budget assignments," the document says.

The bill provides for "strengthening and deepening of good-neighborly relations between territorial communities, local self-government bodies of individual regions with administrative-territorial units of the Russian Federation on the basis of agreements on border cooperation, which are drawn up by territorial communities, local self-government bodies, local executive authorities of Ukraine and territorial communities within competence established by law".

The document also provides for the appointment in the Donetsk and Lugansk regions on December 7, 2014 of early elections of deputies of district, city, district in cities, settlement, village councils, village, settlement, city heads in certain areas.

Detachments of people's militia are created on the territory of these districts by decision of city, settlement, village councils, their activities are coordinated by the corresponding village, settlement, city chairman.

"People's militia units are formed on a voluntary basis from among the citizens of Ukraine who permanently reside in the respective settlements of certain areas of the Donetsk and Luhansk regions," the bill says.

The document provides that the state guarantees the right to use Russian or another language "in public and private life, the study and support of Russian and any other languages, their free development and equality."

"The special status has a clear definition in time - three years. During this time, we will have the opportunity to put into practice issues of deep decentralization, which should also be the subject of making appropriate changes to the constitution," the President of Ukraine explained.

Poroshenko also recalled that the issue of the special status of certain regions of Donetsk and Lugansk regions is a key element of his peace plan. "De facto, they are elements of decentralization with full and unconditional observance of the sovereignty, territorial integrity and independence of our state, with guaranteed ownership of all the main attributes of the state, including foreign policy security and legal policy," the Ukrainian leader said.

On September 10, the Ukrainian president called on the deputies of the Verkhovna Rada to support the bill on the status of Donbass, since the fate of the world and the "peaceful return of these regions under Ukrainian sovereignty" depend on it. He also assured that the amnesty law will not exempt from liability the criminals who have committed a crime under the articles of the criminal code, including premeditated murder, terrorism, attempted murder. statesman and employee law enforcement, rape, looting, mockery of monuments, and "a number of other articles that should ensure the integrity of our state."

The bill was related to the implementation of the peace plan, the provisions of which were recorded following the meeting of the tripartite contact group in Minsk.

At the same time, DPR Deputy Prime Minister Andrei Purgin said earlier that the Donetsk People's Republic would not agree to a political union with Ukraine, but would try to maintain economic and socio-cultural ties.

Speaking on the air of the Russia 1 channel, he commented on the possible status of the republic as an autonomy within Ukraine. "There will not be a political union with Ukraine unequivocally. We cannot step over blood," he said. "People paid with thousands of lives, people paid with suffering, innocent victims. I don't see any options for any political union with Ukraine at all."

According to him, "the mistakes that Crimea made in the early 90s, when it believed Ukraine, which gave it crazy powers that were canceled four years later, are unlikely to be committed by anyone."

"Nevertheless, we must understand that, as responsible politicians, we must try to maintain economic ties, perhaps some socio-cultural ties," the DPR First Deputy Prime Minister believes.

At the same time, the head of the LPR, Igor Plotnitsky, admitted that the draft law on the status of Donbass proposed by the President of Ukraine Petro Poroshenko basically corresponds to the negotiating positions of the Luhansk and Donetsk People's Republics.