Reference:
Kabytov P.P..
Administrative Status of Contract System Participants in the Field of the Procurement of Goods, Works, and Services for State and Municipal Needs
// Administrative and municipal law.
2018. № 7.
P. 26-36.
DOI: 10.7256/2454-0595.2018.7.27039 URL: https://en.nbpublish.com/library_read_article.php?id=27039
Abstract:
The subject of this research is the administrative status of state authorities and local government as well as other actors that are granted public competences as contract system participants. Based on the analysis of the contract system law and definitions of 'administrative status of public authority' offered by the administrative law doctrine, Kabytov provides a description of the administrative status of contract system participants. The author of the article pays special attention to the legal consolidation of the administrative status of contract system participants. The methodological basis of the research involves general scientific methods (formal logic, structured systems approach) and special scientific methods (formal law analysis, dogmatic analysis, interpretation of law). The scientific novelty of the research is caused by the fact that the author carries out a complex analysis of the administrative status of contract system participants and gives recommendations on how to improve the current contract system law. The results of the research are of great practical importance and can be used in the policy-making process of the Russian Federation. As a conclusion, the author describes the main areas of the contract system legislation that should be improved, as well as a set of legal measures that are needed to be undertaken in order to improve them. This includes: 1. legitimization of grounds for reauthorization of control competences in the field of procurements between local government and state authorities of the Russian Federation; 2. improvement of the current law applicable to procurements through distribution of competences and consolidation of regulatory acts; and 3. establishment of formalized requirements and criteria for centralisation of procurements, and its efficiency evaluation system.
Keywords:
competency, public administration, local authority, public authority, members of the procurement, state customer, functions, power, contract system, administrative status
Reference:
Pavlyuk, A.V..
Problems of administrative legal regulation of the activities of the joint stock companies.
// Administrative and municipal law.
2014. № 6.
P. 580-591.
DOI: 10.7256/2454-0595.2014.6.64971 URL: https://en.nbpublish.com/library_read_article.php?id=64971
Abstract:
Improvement of the administrative legislation regulating the activities of the joint stock companies should be
implemented with due regard to the norms applied in the European Union states, and Russia joining the WTO and the
European Economic Union establishes the need for development and strengthening of the administrative legal status
of joint stock companies. It should also be pointed out that currently there is need for a clearer definition of a collective
subject of administrative law, as well as for the development of the system of efficient administrative legal means
of influence upon the activities of the joint stock companies directly. The methodological basis for the scientific article
was formed by the current achievements of the theory of cognition. In the process of studies the author used general
philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction,
observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological
studies (statistical, expert evaluation, etc.). It is noted in the scientific literature that at the current stage of social
and economic development of the Russian Federation the topicality of the problems regarding formation of the efficient
administrative legal mechanisms for the regulation of activities of joint stock companies becomes yet greater.
The civil law regulation of activities of joint stock companies does not use all of the variety of forms and methods of
legal regulation, especially speaking of large companies with state participation. The studies of the mechanism for
the administrative legal regulation of the activities of the joint stock companies is of great theoretical and practical
value, since it allows to reveal the existing problems in the implementation of legal norms and to find the paths for the
improvement of the current legislation.
Keywords:
regulation, society, shareholder, share, mechanism, influence, administration, control, service, state.
Reference:
Pavlyuk, A.V..
Problems of administrative legal regulation in the activities of joint stock companies in the foreign states.
// Administrative and municipal law.
2014. № 5.
P. 478-489.
DOI: 10.7256/2454-0595.2014.5.64251 URL: https://en.nbpublish.com/library_read_article.php?id=64251
Abstract:
The improvement of the administrative legislation regulating the activities of the joint stocks companies should
be implemented based upon the norms in effect in the European Union, and the Russia joining the WTO and the EEU
requires development and support of the administrative status of joint stock companies. It should also be stressed,
that currently there is a need for a clearer definition of the category of the collective subject of administrative law, as
well as for the development of the system of efficient administrative legal means for influencing the activities of joint
stock companies directly. The methodological basis for the scientific article was formed by the current achievements
of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric
methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal
methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).
For the purpose of improving the administrative legal status of the joint stock company the author substantiates the
need to legislatively provide for the qualification requirements to the members of the Board of Directors of the Joint
Stock Company. According to the Federal Law “On Joint Stock Companies” the requirements to the members of the
Board of Directors should include higher education, no record of criminal conviction, no record for the punishment by
the competent body or a court administrative offences in the sphere of trade, finances, corporate administration and
securities market for the period of two years prior to the day of general meeting of shareholders for the elections for
the Board of Directors, professional experience of no less than 2 years in managing a department or other division of an
organization, and the absence of conflict of interests in the activities of this person.
Keywords:
The improvement of the administrative legislation regulating the activities of the joint stocks comp, and the Russia joining the WTO and the EEU requires development and support of the administrative st, that currently there is a need for a clearer definition of the category of the collective subject of, as well as for the development of the system of efficient administrative legal means for influencing, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). For the purpose of improving the administrative legal status of the joint stock company the a, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere , finances, corporate administration and securities market for the period of two years prior to the day of gener, pro
Reference:
Vozhova, E. M..
Governmental Authorities as a Subject of Law
// Administrative and municipal law.
2010. № 7.
P. 17-25.
DOI: 10.7256/2454-0595.2010.7.57506 URL: https://en.nbpublish.com/library_read_article.php?id=57506
Abstract:
The present article describes the analysis of governmental authorities as subjects of law through a brief review of historical development of views on governmental authorities. The author discusses the problem about legal bodies of public law and describes the features of legal bodies of public law. Those features are applied to a governmental authority in order to reveal its legal nature. The article also contains the definition of a governmental authority from the point of view of a legal body of public law
Keywords:
subjects of law, public authority, governmental authority, state agency, legal body, legal body of public law, financial law, administrative law
Reference:
Sarkisov, A. K..
State-Owned Corporation and State-Owned Companies in Legislation of the Russian Federation
// Administrative and municipal law.
2010. № 2.
P. 36-42.
DOI: 10.7256/2454-0595.2010.2.57139 URL: https://en.nbpublish.com/library_read_article.php?id=57139
Abstract:
The article describes the definition and the legal status of a state-owned corporation and a state-owned company in Russian legislation. The authors compared them to a state unitary enterprise and autonomous institution and described how these new terms are perceived in law enforcement practice in the sphere of target setting when establishing peculiar public private forms of non-profit organizations.
Keywords:
state-owned corporation, state-owned company, state unitary enterprise, autonomous institution, non-profit organization, delegation of power authorities