Reference:
Zakupen' T.V..
Why is the public management system functioning, but not meeting the expectations? The review of the scientific monograph by I.V. Ponkin “The Theory of Public Management Deviance Study: Uncertainties, Risks, Drawbacks, Malfunctions, and Failures of Public Management”
// Administrative and municipal law.
2016. № 6.
P. 511-513.
DOI: 10.7256/2454-0595.2016.6.67907 URL: https://en.nbpublish.com/library_read_article.php?id=67907
Abstract:
The research object is the scientific monograph by I.V. Ponkin “The Theory of Public Management Deviance Study: Uncertainties, Risks, Drawbacks, Malfunctions, and Failures of Public Management”, Moscow, 2016. The author of the review studies the mentioned scientific monograph from the position of the relevance (compliance with the expectations about applicability) of the complex scientific model proposed in the monograph. The reviewer links the content of the monograph with the projects of transformation of the existing Russian public management model into the model of “project-oriented public management”, recently articulated by the liberal economists. The research methodology is conditioned by the purposes of scientific reviewing and includes the methods of analysis, induction and deduction, and the method of prognostic modeling (in terms of the relevance check). The reviewer concludes about the high level of topicality, scientific novelty and practical value of the monograph and the proposed scientific theory.
Keywords:
imbalance, system failure, oriented management, scientific theory, reform, relevance, failure, malfunction, public management, deviance study theory
Reference:
Beketov O.I..
Review of the monograph "Administrative jurisdiction in the financial sphere" / Edited by M.A. Lapina. - M.: Paleotip, 271 p.
// Administrative and municipal law.
2015. № 2.
P. 198-201.
DOI: 10.7256/2454-0595.2015.2.66159 URL: https://en.nbpublish.com/library_read_article.php?id=66159
Abstract:
The subject of the review contains the legal and organizational problems of administrative jurisdiction in the financial sector. The object of the review contains public relations arising in the implementation of administrative and jurisdictional activity in the financial sector. Suitable circumstance led to a tendency to "exit" from the field of legal regulation of the Administrative Code of sanctions for violations in the financial sector. The review concluded that the beginning of the relevant area was laid in the Tax Code, Part 1 which contains a large number of offenses, duplicating similar, in fact, components of crimes set out in the Code of Administrative Offences.The methodology of the review is based on the modern achievements of epistemology. The study used the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the techniques used in empirical sociological research.The review concluded that the monograph is a research of high quality which provides a comprehensive solution of actual legal problems due to the conceptual justification of administrative and jurisdictional relationships in the financial sector, performed at a high scientific and theoretical and methodological levels, is an organic combination of innovative doctrinal and applied concepts of administrative jurisdiction and may be used for research in the science of administrative law and procedure.
Keywords:
market, process, enforcement, collection, bank, tax, jurisdiction, finance, budget, regulation
Reference:
Kurakin, A.V., Ostroushko, A.V..
Review of the monograph by Bukalerova, L.A., Gavryushkina, Y.B. “Comparative analysis of criminal legal counteraction
against intermediary in bribery”, Moscow, Yurlitinform, 2014, - 192 p.
// Administrative and municipal law.
2014. № 10.
P. 1081-1084.
DOI: 10.7256/2454-0595.2014.10.65563 URL: https://en.nbpublish.com/library_read_article.php?id=65563
Abstract:
Development of economics and social infrastructure tends to corrode the state government and administration
bodies first of all. Due to the predominant corruption among the state and municipal officials, the citizens are
being pushed out from the spheres of free of charge obligatory services in the sphere of healthcare, education, social
guarantees. Free of charge public educational, social and administrative services become paid for them. Corruption
allows the offenders to avoid legal responsibility for their unlawful acts, making them feel impunity, and lowering the
prestige of the judicial and law-enforcement bodies in particular, and government as a whole among the population,
and causing the dangerous legal nihilism. 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.). Growth of corruption, and more specifically, of bribery as its most socially dangerous form,
is facilitated by various objective and subjective factors. However, many industrially developed foreign states have
formed efficient systems of fighting corruption, and there is an atmosphere of zero tolerance towards this dangerous
social matter among the population in general.
Keywords:
corruption, offence, counteraction, bribe, intermediary, punishment, law, limitation, prohibition, standard. Administrative and municipal law and the environmental problems.
Reference:
Haritonov, A.N..
Review of the book by N.A. Kolomytsev, O.N. Kolomytseva “Modern problems of public control in Russia” Monograph.
— St. Petersburg, Izdatelstvo Yuridicheskogo Instituta (St. Petersburg), 2014. — 220 p.
// Administrative and municipal law.
2014. № 7.
P. 696-699.
DOI: 10.7256/2454-0595.2014.7.65180 URL: https://en.nbpublish.com/library_read_article.php?id=65180
Abstract:
It is noted in the monograph that basic constitutional human rights and freedoms require efficient implementation
mechanisms, and without such mechanism their existence and legal enshrinement become a legal fiction.
Efficient solution of the problems in the sphere of guaranteeing basic human rights and freedoms in Russia
depends both at the efforts of the state and active participation of currently forming civil society institutions,
assisting the public government bodies in resolving the most complicated problems in the sphere of basic human
rights and freedoms. Topicality of the problem is also due to the fact that control is an inalienable part of any state
at any stage of its historic development. Objective necessity of such an institution is clearly proven by the history
of all types and forms of states. There is a clear dependency relation between sustainability and efficiency of public
government and efficient control, including control by the general public. 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 should also be noted that the authors insistently
substantiate the thesis that the efficiency problem is a complicated one and it attracts attention of both scholars
and practitioners. The studies of legislation and scholarly sources assisted formulation of the definition of efficiency
of public control as achievement of its goals and purposes, de-facto positive results of its implementation within
the mechanisms of state and state policy (p. 138). This definition is connected with various factors, and it deserves support. The broad interpretation of efficiency provided for singling out types of control. Taking this criterion into
consideration is quite valuable for the implementation of public control in Russia.
Keywords:
control, general public, form, method, government, administration, people, individual, citizen, law.
Reference:
Kurakin, A.V., Kostennikov, M.V..
New book on state civil service. Review on the study manual by A.A. Grishkovets “State Civil Service”, Moscow,
Delo i Servis, 2014 — 624 p.
// Administrative and municipal law.
2014. № 3.
P. 294-298.
DOI: 10.7256/2454-0595.2014.3.64092 URL: https://en.nbpublish.com/library_read_article.php?id=64092
Abstract:
It is pointed out in the review that there are rather many various publications are devoted to the problems
of state service in general and state civil service in particular. These publications include manuals, teaching materials,
monographs and PhD theses. The published scientific works and teaching manuals concern various aspects of state
service relations, and the institution of the state service is studied by the legal scholars working in various spheres.
However, in spite of the interdisciplinary approach towards the studies of state service relations, the institution of
state service is studied in most detail within the framework of the science of administrative law. The methodological
basis for the work was formed by the modern achievements of the cognitive theory. 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.). The legal scholars specializing in administrative law
consider state service to be one of the key issues in teaching administrative law.
Keywords:
service, servant, official, review, reform, efficiency, system, success, corruption, regulation.
Reference:
Soloviev, A.A..
One should not diminish the value of administrative process. Review of the monograph by M.A. Lapina “Administrative
jurisdiction within the system of administrative process”, Moscow, Finansovyi Universitet, 2013, — 140 p.
// Administrative and municipal law.
2014. № 3.
P. 299-302.
DOI: 10.7256/2454-0595.2014.3.64093 URL: https://en.nbpublish.com/library_read_article.php?id=64093
Abstract:
It is noted in the review that today there is no need for the folios based upon numerous quotations or retelling
and paraphrasing of the norms of administrative legislation Currently there is a great need for the new generation
of manuals, which would allow for the conceptual evaluation (and in some respect re-evaluation) and fundamental
understanding of administrative law and administrative process, for the systemic interpretation of the main terms
within this science at a higher (greater than general) degree of scientific quality.
Keywords:
process, proceedings, jurisdiction, procedure, control, regulation, power, competence, stage, principle.
Reference:
Kabanov, P.A..
Review on the book: Budatarov, S.M. Anti-corruption expertise of legal acts and their
drafts: definition, order and procedure. Specialized course of studies./ S.M. Budatarov; Saratov Center for
the Studies of the Organized Crime and Corruption Problems. — Saratov. FGBOU VPO Saratov State Law Academy,
2013 — 120 p.
// Administrative and municipal law.
2013. № 7.
P. 775-779.
DOI: 10.7256/2454-0595.2013.7.62980 URL: https://en.nbpublish.com/library_read_article.php?id=62980
Abstract:
The review provides a positive evaluation of the teaching manual “Anti-corruption expertise of legal acts
and their drafts: definition, order and procedure” by S.M. Budatarov, which was published by Saratov State Law
Academy. For the reviewer the main positive features of this work include, firstly, broadening of an object of anticorruption
expertise of normative legal act by the author via inclusion of additional (optional) objects, which are
not provided for the current Russian federal anti-corruption legislation; secondly, for the first time n the Russian
legal literature the author describes the correlation of the anti-corruption expertise of normative legal acts and
drafts of normative legal acts with other types of expertise (legal, linguistic).The reviewer offers to improve the
text of the work — for the author to view the correlation of anti-corruption expertise of normative legal acts and
drafts of normative legal acts with the criminological expertise and expertise of normative legal acts of federal
executive bodies in order to uncover the provisions, which groundlessly complicate the entrepreneurial and investment
activities.
Keywords:
corruption, fighting corruption, anti-corruption expertise, corruptogenic factors, S.M. Budatarov, legal expertise, linguistic expertise.
Reference:
Kostennikov, M.V..
A new book on administrative and legal development of professional service activity/
Komakhin, B.N. “Administrative Legal Bases for the Development of Service Activities within the context of
Modernization Policy”, Moscow, IPU RAN (ICS RAS), 2013 – 474 p.
// Administrative and municipal law.
2013. № 6.
P. 685-686.
DOI: 10.7256/2454-0595.2013.6.62799 URL: https://en.nbpublish.com/library_read_article.php?id=62799
Abstract:
The book includes detailed analysis of the evolution of the competence of state servants within the context
of systemic interaction of public state service bodies. The author makes a generally successful attempt to provide an
administrative legal model of the innovation development of the activities of the state servants within the framework
of modernization policy. As a basis for the model of innovative service activities in the civil society, the author provides
a thorough analysis of legal regulation the state service system, especially in the law-enforcement sphere The
author also provides a well-based approach towards this system from the standpoint of the widening the structure
and competence of the subjects of service relations.
Keywords:
reform, service, modernization, policy, cadres, official, servant, system, right, obligations, control
Reference:
Kurakin, A. V..
Review of Anna Sergeevna Vishnyakova’s Work ‘Public Regulation of Relations on the Wholesale
Market of Electric Energy and Power. — Moscow, 2012. — 157 pages
// Administrative and municipal law.
2012. № 11.
P. 87-88.
DOI: 10.7256/2454-0595.2012.11.61636 URL: https://en.nbpublish.com/library_read_article.php?id=61636
Abstract:
Obviously, the problems of state reglation of the wholesale market of electrical energy and power is topical.
Electrical energy is the source of energy for the most modern achievements in science and engineering. In its turn,
the level of development of science and engineering which shows the degree of social and economic development of
a particular state, mostly depends on efficiency of public regulation of relations in the sphere of electrical energy
turnover.
Keywords:
power, energy, regulation, state institution, electricity, market, control, efficiency, science, engineering.
Reference:
Kostennikov, M.V., Kurakin, A.V..
Review of Guidance Manual by F. P. Vasilyev and A. S. Dugents ‘Administrative Procedure of Federal Migration Service in Russia’. – Moscow: SGU, 2009. – 464 p.
// Administrative and municipal law.
2010. № 1.
P. 79-80.
DOI: 10.7256/2454-0595.2010.1.57089 URL: https://en.nbpublish.com/library_read_article.php?id=57089
Abstract:
Review: the article is devoted to provisions of administrative law applied to the activity of internal affairs agencies. It also contains description of the peculiar nature of provisions of administrative law realized in control and supervisory, licensing and jurisdictional activity of internal affairs agencies.
Keywords:
legal provisions, provisions of administrative law, administrative activity of internal affairs agencies, process, administrative procedure in internal affairs agencies
Reference:
Sarkisov, A. K..
Offshore Jurisdictions: Doctrinal Aspect of Law Enforcement
// Administrative and municipal law.
2009. № 10.
DOI: 10.7256/2454-0595.2009.10.56880 URL: https://en.nbpublish.com/library_read_article.php?id=56880
Abstract:
Key words: studies of law, offshore, foreign investements, Calvo doctrine, classification of offshore jurisdictions, offshore jurisdictions, legal protection, foreign investors, doctrine of international investment law, legal standards.
Review: the article covers the problems of offshore jurisdictions,
their origin and application and their role in the modern global economic system. Special attention is also paid at the doctrinal aspect of offshore activity as opposed
to earlier doctrines of the international investment law. Such an aspect of offshore activity is based on a new principle of a higher level of legal protection of foreign investors.
Reference:
Rudnev, N.A..
Review on the monograph of
Ee.Vv. Ttregubova “Aadministrative and legal regulation of prevention of tax offences”. — Mmoscow.: VGNAvgna, Mministry of Finances, 2009, — 145 p.
// Administrative and municipal law.
2009. № 7.
DOI: 10.7256/2454-0595.2009.7.56750 URL: https://en.nbpublish.com/library_read_article.php?id=56750
Abstract:
Review: the review points out the nature of administrative
legal means of prevention of tax offences, problems of realization of administrative legal means of tax violation prevention, causes and conditions for tax offences.
Keywords:
tax offences, prevention, delictology, responsibility, offences, violations of legislation, tax delicts, taxpayers, information center.
Reference:
Cherkasov, K.V..
Fighting corruption in Russia and abroad. Review of the monograph by A.V. Kurakin “Administrative legal means of fighting and prevention of corruption within the system of state service of the foreign states”. – Domodedovo, VIPK MVD of Russia, 2007, - 120 p.
// Administrative and municipal law.
2009. № 1.
DOI: 10.7256/2454-0595.2009.1.56140 URL: https://en.nbpublish.com/library_read_article.php?id=56140
Reference:
Ezhevsky D.O..
Review of the monograph by M.V. Kostennikov, A.V. Kurakin, E.V. Gorin “Administrative and Legal Prohibitions as Means of Fighting Corruption within the System of State Service in the Russian Federation – Domodedovo: SEIAPO “The All-Russian Institute for improvement of professional qualifications of the employees of the Ministry of Internal Affairs of Russia”, 2008. – 74 p.
// Administrative and municipal law.
2008. № 12.
DOI: 10.7256/2454-0595.2008.12.56061 URL: https://en.nbpublish.com/library_read_article.php?id=56061
Reference:
Kostennikov, M.V..
Review of the monograph by E.V. Tregubova: “Administrative prohibition and problems of its realization in the activities of the internal affairs bodies” Moscow, NOTA BENE Ltd., 2008, 112 p.
// Administrative and municipal law.
2008. № 12.
DOI: 10.7256/2454-0595.2008.12.56062 URL: https://en.nbpublish.com/library_read_article.php?id=56062
Reference:
Kurakin, A.V..
Bibliography on the problem of prevention and fighting of corruption within the system of state service.
// Administrative and municipal law.
2008. № 10.
DOI: 10.7256/2454-0595.2008.10.55997 URL: https://en.nbpublish.com/library_read_article.php?id=55997
Reference:
Komkova, G.N., Tikhon, E.A..
The review of the monograph by K.V. Cherkasov “The System of State Power and Management Bodies At the Federal District Level”/ Ed. by the Doctor of Juridical Science, Professor P.P. Sergun, - Saratov, The Russian Legal Academy of the Ministry of Justice of the Russian Federation, 2008/ - 364 p.
// Administrative and municipal law.
2008. № 9.
DOI: 10.7256/2454-0595.2008.9.55981 URL: https://en.nbpublish.com/library_read_article.php?id=55981