Gromova G. —
The doctrine of administrative coercion as a protective function of administrative law in the late XIX - the early XX centuries .
// Administrative and municipal law. – 2015. – ¹ 3.
– P. 263 - 269.
DOI: 10.7256/2454-0595.2015.3.14184
Read the article
Abstract: The article investigates the impact of the methods of administrative law on social relations, in particular - in the performance of protective functions of law. The author carries out the historical and legal analysis of coercion in the implementation of protective functions as well as a comparison with current legislation containing legal and administrative regulations. The author focuses on the essence of state coercion, its separate value, theoretical issues of enforcement according to administrative law; formulates the concept, features, types of enforcement in public administration of the second half of the 19th century. The author comes to the conclusion about the use of similar methods of coercion used by administrative law in the 19th century, in the existing administrative law. The author uses the historical-synchronous and the historical-diachronic methods of studying of temporal changes in the essence of coercion used by administrative law in order to perform its protective functions. These methods are the necessary instruments for the disclosure of historical transformations of the research subject. The scientific novelty of the article lies in a better understanding of the need to study the historical and legal analysis of administrative law in Russia, not in the Western European countries, with the aim of enhancement of identity and independence of development of legal thought in Russia, as well as the possible "adaptation" of certain methods or their main ideas used in the development and the formation of administrative law enforcement functions in the implementation of the protective function of the administrative branch of law at the present time. The evaluation of Russian "own" experience of transformation of the protective function and methods of administrative law gives "food for thought" about the importance of the former and the existing functions and methods of law. In the context of relevance the author reveals the importance of administrative-legal methods of coercion as a means of the adequate development of state and society.
Gromova G. —
Problems of establishing and formation of institutions of local government as administrative law subjects
// Administrative and municipal law. – 2015. – ¹ 2.
– P. 215 - 221.
DOI: 10.7256/2454-0595.2015.2.14152
Read the article
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.
Gromova G. —
// Administrative and municipal law. – 2014. – ¹ 10.
– P. 1031 - 1038.
DOI: 10.7256/2454-0595.2014.10.12091
Read the article
Gromova G. —
// Administrative and municipal law. – 2014. – ¹ 5.
– P. 409 - 416.
DOI: 10.7256/2454-0595.2014.5.11945
Read the article