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Title of Article

Regulatory legal acts of state corporations: legal bases, types and features


Issue
5
Date
2025

Article type
scientific article
UDC
 
Pages
95-100
Keywords
государственные корпорации, «Росатом», «Роскосмос», государственное управле, ние, публичное управление, нормативно-правовые акты государственных корпораций, органы исполни, тельной власти, административно-правовые отношения, state corporations, Rosatom, Roscosmos, public administration, public administration, regulatory legal, acts of state corporations, executive authorities, administrative and legal relations


Authors
Kurasova E.O.
Moskovskiy gosudarstvennyy yuridicheskiy universitet im. O.E. Kutafina


Abstract
The purpose of the work is to consider state corporations as entities endowed with the functions of regulatory regu lation. The emphasis is placed on the fact that currently only Rosatom and Roscosmos have such powers, although the law does not restrict the right to grant other corporations. The author analyzes the current legislation regulating the procedure for exercising the powers of regulatory regulation, analyzes the requirements for such legal acts. In addition, an analysis of already adopted regulatory legal acts has been carried out. It is concluded that the state corporation Rosatom has adopted a number of regulatory legal acts with clear inconsistencies with the law, which, in turn, may lead to legal consequences, such as the possibility of challenging these acts due to violations of the established procedure for their adoption. Considering the above, it is proposed to amend the law, namely, it is necessary to adjust it relative to the actual established practice in order to prevent the adoption of regulatory legal acts in violation of the law. It is necessary to remove the division into regulatory, establishing and approving acts, leaving only a range of issues on which Rosatom is authorized to carry out regulatory regulation, while such a list will be open. It is concluded that the regula tory legal acts of corporations are subordinate and follow the acts of the President and the Government of the Russian Federation in the hierarchy. No special requirements have been established for the procedure of publication and appeal, according to the rules provided for regulatory legal acts of federal executive authorities. Thus, it is said about the equivalent position of the state corporations in question with the federal executive authorities.

File (in Russian)