RIGHTFUL PREMISSES FOR THE NATIONAL TRAGEDY IN THE «WINTER CHERRY» SHOPPING MALL, KEMEROVO
Authors: DOMAKOV V , Matveev Alexandr , Matveev Vladimir 
Published: May 2020

The article briefly describes the consequences of the national tragedy that took place on March 25, 2018 in the Winter Cherry shopping mall in the city of Kemerovo, and rapidly assumed measures. Measures of investigation are proposed to be added with the consideration of rightful premisses that caused the tragedy and, of course, to propose options for improving governance. It was noted that the state of shock of people did not immediately allow to pay attention to the rightful premisses that determined the inaction of officials of bodies of government that were obliged in accordance with the current legislation to “prevent” such offenses in the Russian Federation. The analysis of measures of “subjects of offenses prevention” in the Russian Federation is given. It is shown that the power structure, which is “ the right, power and will on something, discretion, commanding,” because of the lack of feedback in principle can not be guaranteed against gross errors, the number of which in this situation can be reduced only due to the genius of the governor. The reason for this can be called the delegation of functions and the lack of control over their implementation in social institutions, beginning with the Presidential Administration of the Russian Federation, which, “assisting”, i.e., “helping ... in any case” to the President of the Russian Federation, under quite legal foundation if desired can solve the problems of citizens who applied themselves. This can be justified by the combination of the functions of the “authority” and “legal entity” engaged in profittaking, which causes “the permissiveness of the social institution, its officials and the destruction of the individual” in the power structures. It is suggested taking into account the real constantly changing social environment to move to management based on the principle of feedback. The material basis for the implementation of management based on the principle of “feedback” should be a new concept of ownership as a complex object, including objects and subjects of ownership, the relationship of property subjects to property objects, as well as the relationship between property subjects over the formation, accumulation, alienation (seizure), appropriation, exchange, protection, defense (protection), distribution and redistribution of property objects and other relations. Since the owner refers to the property objects as his own, as to their own, and accordingly - a non-proprietor refers to them as a stranger who does not belong to them, then to eliminate such a legal conflict, it was suggested, having retained private property, to move within part 1 of Art. 244 of the Civil Code of the Russian Federation, to public property, within the framework of which each citizen becomes a co-owner without the allocation of his share. In this case, the governor, with the preservation of all his privileges and using the principle of the division of labor and specialization, acquires the right to use only, that is, to receive, benefit from the property object and manage (dispose), ie create conditions for extracting the most useful properties from the property object in the interests of both society and its enterprising part, but without the right to determine their fate; bear the burden on the contents of the property objects transferred to it, not violate the rights of owners and third parties and be liable for failure to perform duties, improper performance of duties, improper exercise of their rights.