Kostennikov M.V., Kurakin A.V., Vatel' A.Y. —
Anti-corruption and ethical standards for the service behavior of public civil servants.
// NB: Administrative Law and Administration Practice. – 2014. – ¹ 4.
– P. 15 - 39.
DOI: 10.7256/2306-9945.2014.4.12248
URL: https://en.e-notabene.ru/al/article_12248.html
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Abstract: The article concerns legal and organizational problems regarding implementation of anti-corruption standards of service behavior of public civil servants. It is noted that the relevant standards form a constituent part of their administrative legal status. It is also noted that with the help of various administrative legal means the state forms the environment, which shall not be succeptible to various corruption offences. The problem of corruption in various spheres of activities of state government bodies and administration is currently a global and systemic one. Corruption poses an immediate threat to the national security, stands in the way of development of democratic and civil society institutions in Russia, implementation of the constitutional rights of people in the spheres of education, health, social aid, proprietary relations. The methoological 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.). Additionally, corruption casts a negative influence upon the development of economics, financial system and the entire infrastructure of the Russian state. It should be noted that corruption in the activities of state government and administration bodies facilitates development of organized crime, forming the basis for the development of extremism and terrorism centers, threatening implementation of the national projects, undermining the ongoing public legal reforms in Russia. All of these problems and a number of others objectively call for formation of the administrative legal mechanism against corruption in various spheres of activities of public servants, as well as for the formation of the institution of administrative justice.
Kostennikov M.V., Kurakin A.V., Pavlyuk A.V. —
On the issue of definition and methods of state administration in administrative law.
// NB: Administrative Law and Administration Practice. – 2014. – ¹ 2.
– P. 40 - 63.
DOI: 10.7256/2306-9945.2014.2.11188
URL: https://en.e-notabene.ru/al/article_11188.html
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Abstract: The article concerns the problem of state administration, various points of view regarding this category are analyzed and the conclusion is made that state administration is varied in its character and its quality is defined by the methods of administrative legal regulation. That is why their improvement may improve the quality of the public administration regime. The article also contains analysis of the fucionts of public administration, defining its strategic directions. The authors single out the general functions of public administration. Within the mechanism of public administration every function is used to greater or lesser degree, and it is with the use of all of the functions as a complex, which allows to refer to the activities on implementation of public administration. The authors define the main goals of the term "state regulation", study administrative legal methods of public administration and their classification, single out characteristic features of administrative methods for state regulation, flowing from the very nature of public administration activities and the immediate object of administrative law.
Kostennikov M.V. —
On the issue of fighting corruption in police.
// NB: Administrative Law and Administration Practice. – 2013. – ¹ 12.
– P. 66 - 73.
DOI: 10.7256/2306-9945.2013.12.1070
URL: https://en.e-notabene.ru/al/article_10700.html
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Abstract: The article discusses organization measures regarding fighting corruption in the service activities of the police officers. The authors offer measures in order to minimize the corruption offences within the state administration system. It is stated that corruption in the activities of the internal affairs bodies facilitates the development of organized crime, forms the basis for development of extremism and terrorism, complicates public state reforms, which are currently ongoing in Russia. The authors single out a number of offences, forming preconditions for corruption in the police. The authors also single out a number of factors provoking corruption processes in the internal affairs bodies, as well as in other executive bodies. It is noted that corruption may manifest itself with the violations of financial, information, and administrative law. The authors offer some tactical actions, aimed at the weakening the corruption threat in the internal affairs bodies. The conclusion is made that complex use of all of the measures against the corrosive influence of corruption in the internal affairs bodies may considerably ease the situation, which is currently becoming more and more threatening.
Kostennikov M.V., Kurakin A.V., Kalita I.A. —
Public Prosecution Office and Anti-Corruption Enforcement
// NB: Administrative Law and Administration Practice. – 2013. – ¹ 10.
– P. 166 - 186.
DOI: 10.7256/2306-9945.2013.10.9929
URL: https://en.e-notabene.ru/al/article_9929.html
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Abstract: The authors of the article study legal and organizational problems of anti-corruption enforcement conducted by the public prosecution office. They view forms and methods of anti-corruption enforcement carried out by the public prosecution authorities and describe peculiarities of prosecution activities in this sphere. It is said that in order to increase efficiency of anti-corruption measures it is necessary to expand the official definition of corrupion so that it includes a whole range of acts related to violation of ethics of official behavior and staff protectionism. The authors suggest to establish special anti-corruption prosecution offices. When conducting prosecutor's supervision over fulfilment of legal anti-corruption requirements, special attention should be paid at obligation of state and municipal officers to inform the employer, prosecution office or other authorities when other persons try to pursuade them to commit acts of corruption. Based on the analysis of peculiarities of prosecution office activities, the authors of the article provide suggestions on how to improve anti-corruption legislation.
Kostennikov M.V., Kurakin A.V. —
Concerning the Grounds of Administrative Responsibility in the Russian Legislation
// NB: Administrative Law and Administration Practice. – 2013. – ¹ 10.
– P. 75 - 88.
DOI: 10.7256/2306-9945.2013.10.1015
URL: https://en.e-notabene.ru/al/article_10153.html
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Abstract: The article is devoted to the grounds of administrative responsibility and describes peculiarities and features of administrative offence. The authors of the article conclude that the definition of administrative offece as it is provided by the Administrative Offences Code of the Russian Federation should also inclue social security as a feature. The authors outline general features typical for all administrative offences and distinguishing administrative offences from legal behavior and other violations of law. It is noted that a classical definition of guilt cannot apply to a legal entity. It is said that a socially dangeous act prohibited by the law is recognized as an administrative offence only if commitment of such an act implies administrative responsibility. The authors also consider the difference between administrative offences from other violations of law according to legal features: the main material feature, illegal nature of the act and penalties for law violator. It is stressed out that administrative offence means violation of rules of general effect (violation of discipline). The authors also describe the difference between civil law delicts and adminitrative offences and offer a clear definition of administrative offence.
Kostennikov M.V., Kurakin A.V., Tregubova E.V. —
Constitutional Right to Conduct Peaceful Meetings, Gatherings, Demonstrations, Marches and Picketings and Administrative Responsibility as a Way to Enforce it
// NB: Administrative Law and Administration Practice. – 2013. – ¹ 8.
– P. 82 - 105.
DOI: 10.7256/2306-9945.2013.8.9955
URL: https://en.e-notabene.ru/al/article_9955.html
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Abstract: Reinforced administrative responsibility for violation of law in different fields of state administration leads to the growth of importance of a relevant form of legal responsibility as a mean of law enforcement. The authors of the present article describe peculiarities of administrative responsibility for violation of the law on gatherings, meetings, demonstrations, marches and picketings. The authors also describe diffrent forms of public events and offers various classifications of these events. The most important feature of administrative offence is the danger it creates for the society. The authors state that differentiation of administrative offences from other violations is the first and the most important priority of a law enforcement official. The authors' classification of public events allows to see their diversity. This is very important for selecting a proper mean of legal responsibility to apply to the event organizer and participants.
Kostennikov M.V. —
// Law and Politics. – 2013. – ¹ 5.
DOI: 10.7256/2454-0706.2013.5.8726
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Kostennikov M.V. —
// Law and Politics. – 2013. – ¹ 5.
DOI: 10.7256/2454-0706.2013.5.42269
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Kostennikov M.V. —
On the issue of some topical problems of administrative law.
// NB: Administrative Law and Administration Practice. – 2013. – ¹ 4.
– P. 71 - 95.
DOI: 10.7256/2306-9945.2013.4.8840
URL: https://en.e-notabene.ru/al/article_8840.html
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Abstract: The article concerns some of the most topical problems of administrative law and legal practice in the sphere of state administration, economics and finances. The article contains brief description of a problem in a specific sphere of administrative legal activities, a number of conclusions is drawn, and the most authoritative views on this problem are provided, as well as the point of view of the author. It is noted that in the modern society the norms of administrative law are socially necessary and demanded. The author provides detailed analysis of the science of administrative law. It is also noted that administrative prohibitions as means for guaranteeing lawfulness in administrative law are necessary to limit negative behavior of all subjects of law with no exceptions. There should not be many prohibitions. There should be as many prohibitions as necessary in order to guarantee lawfulness and legal order.
Kostennikov M.V. —
// Police activity. – 2013. – ¹ 1.
DOI: 10.7256/2454-0692.2013.1.7098
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Kostennikov M.V. —
// Administrative and municipal law. – 2012. – ¹ 12.
DOI: 10.7256/2454-0595.2012.12.8628
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