The law on the special status of certain areas of Donbass can only remain on paper. Initially conceived as a framework initiative (it will take on real meaning after the adoption of additional by-laws), it immediately aroused rejection both from the executive branch - especially those officials who run for parliamentary elections on the lists of presidential party competitors, and from 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 DNR/LNR, the right to extended powers local government(in particular, the right to create their own people's militia and influence the appointment of prosecutors and judges), special relationship 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 begun to say 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. Shortly after the vote, Yulia Tymoshenko smashed the decision of the Rada to smithereens, calling it " full surrender interests of Ukraine in Donbas, legalizing terrorism and 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 deploying 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. RIA Novosti's 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.
On Wednesday, State Duma deputies 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 bill 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 of entry into force federal law on the budget for 2010.
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 activity", - quotes the words of Kropachev on Wednesday, the press service of the university.
In turn, St Petersburg University President Lyudmila Verbitskaya told Interfax that the adoption of the law in the third reading is "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 makes it possible for the university to independently prepare educational programs and plans. emphasizes great trust 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 educational services high level, maximize the use of intellectual and other resources, as well as ensure the promotion of their 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 carry out additional specialized entrance tests, 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.
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 involves the signing of an agreement on the economic, social and cultural development of certain 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 when the reduction of approved budget assignments is carried out," the document says.
The bill provides for "strengthening and deepening of good neighborly relations between territorial communities, local governments of individual regions with administrative-territorial units 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 the competence established by law.
The document also provides for the appointment in 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 certain districts of Donetsk and Lugansk regions," the bill says.
The document stipulates 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 a law enforcement officer, 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 be no unequivocal political union with Ukraine. We cannot step over the 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 Ukrainian President Petro Poroshenko basically corresponds to the negotiating positions of the Luhansk and Donetsk People's Republics.
Special administrative and legal statuses of individual subjects (concept, features, types)
A special administrative-legal status is a separate set of rights and obligations that is not typical for most individuals (not common to all individuals).
Signs of the Special administrative-legal status of a citizen:
1. a special legal basis, that is, a special law, other legal act regulating the rights and obligations of a particular category of persons (employment law);
3. in these relations, additional rights and obligations are realized that other citizens do not have;
AT real life There is a huge variety of special administrative and legal statuses that can be combined into several groups, namely:
1) members of administrative teams;
2) subjects of administrative care (orphans, unemployed, refugees, etc.);
3) residents of territories with special administrative and legal regimes;
4) subjects of the licensing system (drivers, licensees, employees admitted to state secrets, etc.);
5) state and municipal employees;
6) individual entrepreneurs and etc.;
7) persons who have committed offenses, and above all persons who have committed intentional crimes, etc.
Subjects of a general administrative-legal status (citizens) may simultaneously have one or more special administrative-legal statuses. So, a citizen of the Russian Federation can be an orphan, a student, a driver, a resident of the border zone. This is not about special categories of subjects who are not citizens, but about expanding the status of citizens (Russians, foreigners, stateless people). Any special status is superimposed on the general status of a citizen.
Administrative team. There is no such concept in legal science, although it is necessary. For a long time they have been talking, writing, using in the legislation the concept of "labor collective", which is understood as an independent subject of law, consisting of employees of a certain organization. In this case, we are talking about an organized group of people participating with their paid labor in the activities of the organization (enterprise, institution, body, combat unit). The relations of members of the labor collective with the enterprise (institution), its administration, their personal rights are regulated by labor law. The administrative team is invited to name personnel organization in which the relations of its members with the administration (organization), their personal rights and obligations are regulated by administrative law. These are internal affairs bodies, military units, paramilitary firefighters, mountain rescue units, student groups, etc.
There are also mixed teams. For example, in a civil university, teachers and other employees form a labor team, and students form an administrative team.
Becoming a member of the administrative team, a citizen acquires a special administrative-legal status, a set of special rights and obligations (student, soldier, police officer). We are talking about personal, and not about official rights and duties, because the latter specify the powers of the collective subject - the organization. This is especially evident in the example of the status of a certified police officer. His personal rights include the right to judicial protection in case of dismissal at the initiative of the administration, state insurance and compensation for damage in case of death or injury, provision of living space, additional paid leave, etc.
Administrative law regulates the disciplinary responsibility of members of administrative teams, the time of their work (study) and rest, the grounds, amounts and procedure for remuneration (issuance of salaries, payment of scholarships). As a rule, disputes between military personnel (police officers, students, etc.) and the administration are resolved in an administrative, rather than judicial, manner, and the corresponding procedures are fixed by administrative and legal norms.
With regard to members of administrative collectives, the following statuses are distinguished:
1) students (students, graduate students, students of technical schools, etc.);
2) law enforcement officers (police officers, bailiffs, etc.);
3) military personnel;
4) public civil servants.
Obviously, each of these generic communities consists of a large number types. Thus, there are differences in the legal status of persons under military service in ground forces, in navy, in internal, railway and other troops.
The structure of the special administrative-legal status
1. grounds for acquiring the status:
The condition that a person must meet in order to acquire this status (religious views, gender);
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