The draft federal law "On Youth and Public Policy in the Russian Federation": fundamentals and our offers.

ISSN 2500-0217 / Включен в Перечень ВАК

 

Kanunnikov Stanislavski
graduate student of public and administrative law GOU VPO "Bashkir Academy of Public Service and Administration under the President of the Republic of Bashkortostan."
In modern Russia, a broad legal and regulatory framework of relations in the sphere of state youth policy. But the most important element of the regulatory framework is not so far failed to resolve the issue of adoption of basic federal law establishing the legal framework governing the status of youth development and implementation of youth policy. The article describes the main provisions of the problems and the relevance of the draft Federal Law "On youth and state youth policy in the Russian Federation."

At the present stage of formation of civil society constitutional and legal bases of the Russian legislation on human rights and freedoms, including the youth [1], are among the global and are an integral part of sustainable development of the state. [2]

In this regard, the development of the state youth policy (GMP) requires a clear legal definition of "youth" (her age delineation of relevant psychological and social boundaries). Should be clearly stipulated the place and role of youth in modern Russian society, while denoting the responsibilities, rights and duties to the community, the state, in other segments of the population [3].

In the context of social instability, weak institutions of civil society, non-governmental organizations, the elimination of business from social problems, the exigencies of youth problems and lack of development of the welfare state, and the prospect of an alternative in solving social problems of young people could become strong GMF. Creating a legal framework, legislate GMF protect it from negative changes in the public aware of the interests of individuals, defining and organizing the implementation of youth policy.

You can agree with prof. Elias IM that "... when the general nature of the types of youth policy just have different goals and different content, which are determined by the ideology of these societies, the survey aims, objectives and content of youth policy - it is a matter purely ideological. On the basis of an ideology that dominates in society, we can determine the type of youth policy, or it is the liberal ideology, reject the care of the state of youth or social (social-democratic ideology), which recognizes the state responsibility for the younger generation ". [4]

The ideology of youth policy determines the choice of means and methods, as well as legal instruments for its implementation, that actualizes the problem of the development and adoption of the law on GMF.

To date, it may be noted that the study of constitutional and legal bases of the state youth policy and the state of the relevant legislation of the Russian Federation in this area is a rare area of ​​legal research in Russia. Legal research in this area is practically not carried out only at the beginning of the XXI century there was a question about the need for them. Today, there is a distinct lack of constitutional legal research in the field of state youth policy that is not conducive to the legislation on it and its systematization.

The current situation is characterized by the fact that the issues of state youth policy is not enough studied in legal sciences, there is no constitutional right to a holistic theory of relations in this area. Of course, it makes it difficult to research legal issues in the field of youth work that exist in the Russian society and require optimal solutions. The state youth policy to date been studied unilaterally, without a thorough and complete review of legal mechanisms and instruments of enforcement activities [5].

Despite the presence of a significant learning experience of the legal behavior and the legal culture of youth, juvenile justice, and a large number of works relating to the nature and specific areas of the GMF, attempts a systematic approach to the problem of the formation and development of its constitutional and legal frameworks in fact been taken. Thus, there is no holistic view of the state youth policy, as the object of the constitutional and legal regulations, and, as a consequence, not developed a clear concept of forming legislation on it.

Today, it is necessary to systematize knowledge of the state youth policy and the development of new approaches to its development and implementation, the formation of the constitutional and legal bases of its regulation.

The need for the proposed federal law is primarily due to the fact that at the present stage in Russia there is no effective system of law of the state youth policy, designed to ensure the unity of the laws and regulations containing rules of law in its development and implementation. Creating such a system without a base of federal law in this area is not possible. Today, because of its lack of legislation on the GMF observed numerous contradictions, including the fundamental nature, there are serious problems for the implementation of the current legislation of the RF subjects of the state youth policy and the development of municipal legal acts in the field of youth work [6].

Attempts to adoption of the bill "On state youth policy" had already taken place, but were not successful. In 1998. introduced a draft Federal Law "On State Youth Policy of the Russian Federation", it was passed by the State Duma on October 27, 1999 and approved by the Federation Council on November 11, 2009., but was rejected by the President of the Russian Federation Boris Yeltsin November 25, 1999.

July 5, 2000 the law in question was again brought up for discussion on the proposal of the State Duma Committee on Women, Family and Youth, but not received the required number of votes. [7]

To date, I would like to indicate the new name of the draft federal law - "On youth and state youth policy in the Russian Federation", the name of this law would enhance the credibility of public authorities among young people, it is more logical and most promising today. Especially because no one in Russia now doctrinal document on youth and youth policy.

The concept of the proposed federal law, shall be based on the following assumptions [8].

The law should meet the modern needs and the legitimate interests of young people and associations. Obviously, in the heart of the law must be the young man himself, especially the realization of his constitutional rights and freedoms. This requires that the law has been viewed specificity of realization of political, socio-economic and cultural rights and freedoms of young people, the foundations were laid to ensure their compliance with and implementation in the Russian Federation.
The law should improve the effectiveness of existing legal norms relating to young people and systems to work with them to ensure their harmonization with the new level of development of Russian society. In this case, first of all, he is obliged to take into account the state of the legislation of the subjects of the Russian Federation on the SYP and practice their use, ensure that the operating regions of the Russian laws and other normative legal acts. In its preparation, it is important to consider and evaluate not only extensive experience in the application of laws and regulations of the RF subjects of GMF, and municipal legal acts regulating the issues of youth work. The latter is particularly important, as local governments most often come into contact with the real problems of young people.
The law is designed to establish a clear status of the state youth policy, its place in the general policy of the state and the relationship with the public youth policy and municipal youth policy. The law should provide for the existence of a single youth policy, involving the collaborative efforts of governments at all levels and civil society to create conditions for socialization and education of the younger generation. It is actually about creating an effective social and state system of work with young people in Russia, based on a partnership between governments, business communities, religious organizations, youth, children and other public associations, and others. The law should be the norm, allowing to develop a common approach to implementation and regulation of working with young people at all levels: federal, regional, local.
The law requires to consolidate the concept of "youth" and other key categories of youth policy. These include categories such as: youth (young citizens); Youth Public Association; young family; youth policy; state youth policy, municipal youth policy; public youth policy; work with young people; Authority for Youth (authorized body for youth); youth parliamentarism; youth program; youth project; infrastructure for youth; social services for youth; Youth Center.
The law is intended to make the mechanism for the development and implementation of state youth policy in our country clearer and more technologically advanced in all respects than the currently existing. Its provisions should be aimed at improving governance in the field of GMP, normalization of procedural aspects in working with young people and ensuring effective control of the real processes occurring among young people. The law requires delimit the scope of competence and responsibility to address youth issues. It is necessary to prescribe in detail the relationship between all stakeholders of the GMF, primarily federal bodies of state power of subjects of the Russian Federation.
The law should define the mechanism guarantees the participation of young people and their associations in the implementation of the state youth policy. It is necessary to provide for the basic forms of youth participation in its development and implementation. Particular attention should be paid to the development of youth parliamentarism, volunteerism and youth social service, the interaction of state and municipal agencies with youth and children's organizations, to establish guarantees of their activities and participation in the implementation of GMP.
The law should provide appropriate safeguards for its implementation, forms of responsibility of state and local governments and their officials for its execution, the order of entry into force and enforcement of legal acts in accordance with it. In this case, it is intended to initiate appropriate amendments to existing laws and regulations relating to youth and GMP.
The new federal law "On youth and state youth policy" would like to see:

Self-concept of a public youth policy;
A clear definition of youth as a social group;
Objectives, priorities and directions of the state youth policy;
Guarantees and the possibility of subjects of the Russian Federation to solve the problems of youth independently, from a regional perspective;
Separation of terms of reference of the Russian Federation and its subjects in the youth policy;
Sources and amounts of funding in the process of realization of the state youth policy;
Scale performance criteria youth policy.
Back in 2009, the Year of Youth, many had hopes for the adoption of the Federal Law "On State Youth Policy", unfortunately, these expectations were not met. Its failure is of concern, it needs not only a great initiative on the part of youth organizations, and political parties, because the adoption of this law and in their interests, including taking into account the upcoming elections to the State Duma Federation Council.

It should be understood that the adoption of this law will create a need for a single regulatory framework for the realization of the state youth policy at the federal, regional and municipal levels.

Bibliographic list:

1. VA Lebedev Ensuring the unity of the legal system of the Russian Federation / VA. Lebedev - Moscow: MGU, 2005, page 3

2. Martyshin OV, national political and legal culture in the context of globalization // the State and law in 2005, №4, pp. 9-10

3. AV Kochetkov Legal bases of the state youth policy in Russia // Education and Society, 2005.№1, pp. 83-89

4.Ilinsky IM Youth and youth policy. - M .: Voice, 2001. - P. 579.

5. AV Kochetkov Constitutionalization of the state youth policy in Russia // Law and Law 2009, №9, p. 10-13

6. Kochetkov AV, the current basic federal law on youth and youth policy // laws and regulations, 2009, №8, str.8-11

7.Kochetkov AV The relevance of basic federal law on youth and youth policy // laws and regulations, 2009, №8, str.8-11

[1] VA Lebedev, ensuring the unity of the legal system of the Russian Federation / VA. Lebedev - M .: MGU, 2005, page 3

[2] Martyshin OV, national political and legal culture in the context of globalization // the State and law in 2005, №4, pp. 9-10

[3] AV Kochetkov, the legal framework of the state youth policy in Russia // Education and Society, 2005.№1, pp. 83-89

[4] IM Il'inskii Youth and youth policy. - M .: Voice, 2001. - P. 579.

[5] AV Kochetkov, constitutionalization of the state youth policy in Russia // Law and Law 2009, №9, p. 10-13

[6] AV Kochetkov, the current basic federal law on youth and youth policy // Law and Law, 2009, №8, str.8-11

[7] For the adoption of the Federal Law "On State Youth Policy of the Russian Federation" in the previously adopted, but rejected by the President of the Russian Federation, the editorial board has voted 257 out of 343 people., (57.1% of the total number of deputies); - against 84 people. (18.7%); abstained - 2 persons. (0.4%); did not vote - 107 people. (23.8%)

[8] AV Kochetkov, the current basic federal law on youth and youth policy // Law and Law, 2009, №8, str.8-11

Last modified on 17/04/2015

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Канунников Константин Сергеевич

Аспирант кафедры государственного и административного права ГОУ ВПО «Башкирская академия государственной службы и управления при Президенте Республики Башкортостан».

 

ISSN 2500-0217 / Включен в Перечень ВАК