Reference:
Savenkov A.V..
Diversity of procedures for the enforcement of judicial acts covered by budgetary immunity
// Administrative and municipal law.
2023. № 2.
P. 36-46.
DOI: 10.7256/2454-0595.2023.2.40438 EDN: MAQQZS URL: https://en.nbpublish.com/library_read_article.php?id=40438
Abstract:
This article examines the applicability of the budgetary immunity regime to legal procedures for the judicial acts execution. While the title of the regime refers only to its applicability to the funds of budgets, amendments to the legislation have resulted in the inclusion of the funds of participants in treasury support in the text of the article itself. Over the years, the budgetary legislation has also introduced a procedure for the enforcement of funds recorded in the personal accounts of autonomous and budgetary institutions, which is similar to the procedure for the enforcement under the budgetary immunity. However, there is doubt as to whether these procedures are homogeneous and whether they can be referred to the same regime. This article represents the first study in the doctrine of budget law on the modification of the budget immunity caused by its extension to the funds of participants in treasury support. The author concludes that the application of a single regime of budgetary immunity to all of the above-mentioned relations is unjustified, thus several independent legal regimes are needed. The peculiarities of the legal status of participants in treasury support and autonomous and budgetary institutions and the funds provided to them from the budget cannot be taken into account by unified rules. However, the author notes the absence of legislative changes concerning the name of the immunity regime for budgets while changing its content suggests the desire of the public entity to preserve the immunity regime for budgets as the only one.
Keywords:
legal regime, foreclosure, budgetary institutions, autonomous institutions, treasury support, personal accounts, enforcement of judicial acts, budget system, budget, immunity of budgets
Reference:
Sheremeteva N.V..
Forensic expert determination of the value of works of art in Russian legal proceedings
// Administrative and municipal law.
2022. № 1.
P. 67-78.
DOI: 10.7256/2454-0595.2022.1.37417 URL: https://en.nbpublish.com/library_read_article.php?id=37417
Abstract:
The relevance of the research of the Institute for the examination of works of art lies in the fact that it is the correct and accurate determination of the value of a work of art that makes it possible to make a legitimate and reasonable decision in criminal cases. In expert institutions, there are no problems in determining the value of mass-produced items, but problems arise when evaluating individual cultural values. We are talking about cultural values that have been withdrawn from free civil circulation and are in demand among collectors and other art lovers. The article discusses the methodological basis for determining the value of works of fine and applied art. The evidence of the urgent need for the introduction of a professional forensic expert determination of the value of cultural property into criminal proceedings is presented. To determine the value of a work of art, it is necessary to establish the authorship, authenticity of the work, the time and circumstances of its creation.As a result of the research, the article identifies the necessary types of forensic research to determine the value of unique cultural values, namely tracological, documentary, materials science, historical, art history and a number of other examinations. Currently, in the field of expert determination of the value of works of art, there are a large number of problems that need to be solved. Firstly, the development of a new examination, which would be called judicial value examination of works of art. Secondly, it is necessary to consolidate the norm that the value of a work of art should be determined only within the framework of a comprehensive forensic examination. Thirdly, we need a methodology acceptable for determining the value of any work of art. To do this, experienced specialists should be involved, who would develop standard requirements for the expert study of each type of works of art and for the preparation of an expert opinion.
Keywords:
commodity expertise, cost, graphics, painting, art criticism expertise, comprehensive research, cultural values, a work of art, forensic examination, forensic technical examination of documents
Reference:
Lokhmanov D.V..
Administrative and jurisdictional activities of the Federal Antimonopoly Service of the Russian Federation in the banking sector
// Administrative and municipal law.
2017. № 6.
P. 114-122.
DOI: 10.7256/2454-0595.2017.6.23105 URL: https://en.nbpublish.com/library_read_article.php?id=23105
Abstract:
The article studies administrative and jurisdictional activities of the Federal Antimonopoly Service (FAS) of Russia in the banking sector. State antimonopoly policy in the banking sector is one of the most important mechanisms guaranteeing the achievement of socio-economic goals in the social life. The author considers the process of interaction between the FAS of Russia and credit organizations; reveals the problem of reporting wrong information by credit organizations upon the requests from the antimonopoly authority, and the problem of inconsistency of the conditions about the full value of a credit with the Federal law of 21.12.2013 No 353 “On consumer credit (loan)” and the Decision of the Plenum of the Supreme Commercial Court of the Russian Federation No 58 of 08.10.2012. The research methodology is based on the modern achievements in epistemology. The author uses general philosophical and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological researches (statistical, expert evaluations, etc.). The author concludes that the FAS of Russia and the Bank of Russia should develop joint statutory instruments in order to formulate the concept and the list of banking services and the procedure of calculation of the production cost of a unit of banking service (and/or an analogous indicator), and formalize the peculiarities of credit services advertising with account for the position of the Supreme Commercial Court of the Russian Federation. The scientific novelty of the study consists in the proposals about the improvement of administrative and jurisdictional activities of the Federal Antimonopoly Service of Russia.
Keywords:
advertisement, economy, responsibility, credit institutions, legislation, bank, The FAS of Russia, state, improvement, practice
Reference:
Krylov O.M..
Currency circulation forms
// Administrative and municipal law.
2016. № 6.
P. 533-539.
DOI: 10.7256/2454-0595.2016.6.67911 URL: https://en.nbpublish.com/library_read_article.php?id=67911
Abstract:
The research subject includes the legal provisions regulating social relations in the sphere of currency circulation. The diversity of currency circulation forms form the viewpoint of law, as well as the necessity to create a uniform currency circulation system, determines the need for legal classifications of currency circulation forms. The modern legal approach to the classification of currency circulation forms is borrowed from economics, and means the division of currency circulation into cash turnover and non-cash transactions which don’t reflect the diversity of currency circulation from the position of law and don’t allow detecting its peculiarities. The research methodology is based on the dialectical method of scientific cognition of social, economic and legal phenomena in their interdependence and interconnection. The validity and sufficiency of the results is achieved through the complex use of the system-structural, comparative-legal, formal-legal and logical methods, as well as the method of description of notions, analysis, synthesis, generalization and other methods. The author concludes that currency circulation can be classified according to such factors as the form of objects of legal relationship in currency circulation, the functions performed by the objects of legal relationship in currency circulation, the subjects defining the beginning and the end of currency circulation, the legal interrelation of money as the object of legal relationship in currency circulation, and the nature of legal relationship in currency circulation. The author outlines the main peculiarities of currency circulation in the public finance sphere.
Keywords:
cash equivalent, non-cash monetary means, electronic monetary means, issuer, lending agency, Central bank, state, public finance, money, currency circulation
Reference:
Gromova G.A..
Problems of establishing and formation of institutions of local government as administrative law subjects
// Administrative and municipal law.
2015. № 2.
P. 215-221.
DOI: 10.7256/2454-0595.2015.2.66162 URL: https://en.nbpublish.com/library_read_article.php?id=66162
Abstract:
The article deals with the development and formation of the institute of local self-government in Russia as a subject of administrative law in different historical realities of the state. The author emphasizes the need for redistribution of powers from the central government to local governments. The author reveals the peculiarities of interaction and interrelationship of decentralized management as compared with the central government, focuses on the problem of the government's influence on the autonomy and independence of local governments. It is concluded that in the process of development and formation of local self-government the state surveillance through the increasing influence on the actions of the municipal government has been growing. The author uses the methods of internal comparison of Russian legal system, the complex general-theoretical and empirical methods - the methods of analogy (according to which the author establishes the similarity of local governments on various stages of development), and deduction. The author justifies the conclusion about the central government's influence on local governments. The author notes the importance of reference to the history of local governments formation which is of a big scientific and practical interest for the development of regulations about the Local Government. The author outlines the peculiarities of Zemstvos, which are still significant. In addition, the relevance of the article is conditioned by the need to broaden the understanding of the idea, the stages of development and the characteristics of the institution of local self-government with a practical aim of extracting the positive and negative experiences from the processes of establishing, formation and activities of local governments in the modern world.
Keywords:
caste society, government, local authorities, zemstvo, reform, administrative law, public administration, the government, local authorities, serfdom.
Reference:
Anokhin, S. A., Igoshkina, A. S..
Administrative Protection of Personal Employee Data
// Administrative and municipal law.
2010. № 9.
P. 18-25.
DOI: 10.7256/2454-0595.2010.9.57600 URL: https://en.nbpublish.com/library_read_article.php?id=57600
Abstract:
the article views various legal aspects of protection of personal employee data which regulate: general requirements when processing personal data and guarantees for their protection; usage and transfer of personal data; rights of employees insuring protection of personal data held by an employer as well as responsibility for violation of norms regulating processing and protection of personal employee data
Keywords:
personal employee data, processing of personal employee data, protection of personal employee data, storage and usage of personal employee data, transfer of personal employee data, rights of employees, employee, employer, responsibility for violation of n
Reference:
Kulishova, R. T..
Legal Status of a Credit Company as an Entity
// Administrative and municipal law.
2010. № 9.
P. 25-28.
DOI: 10.7256/2454-0595.2010.9.57601 URL: https://en.nbpublish.com/library_read_article.php?id=57601
Abstract:
the author of the article assumes that legal regulation of credit companies as entities must be determined by public aspects of banking and the role of a credit company as a subject of financial activity by the government. Such an approach causes a credit company to hold public responsibilities for collectability and protection of value of creditors’ funds as well as responsibilities for the company’s own financial stability in the process of organization and functioning
Keywords:
organization (company), bank, entity, activity, legislation, registration, operation, regulation, subject