Lapina M.A., Karpukhin D.V. —
Application of Measures of State Coercion as an Independent Type of Administrative and Jurisdictional Proceedings
// Financial Law and Management. – 2015. – ¹ 2.
– P. 261 - 266.
DOI: 10.7256/2454-0765.2015.2.15846
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Abstract: The last decade was marked by the rapid development of the financial and real sectors of the Russian economy. This fact led to the development of administrative and legal regulation of industry, agriculture, finance, banking and securities market. While forming a legal space of interaction of subjects of these spheres of life the government greatly expanded the segment of administrative-preventive, administrative-preclusive and administrative-punitive measures of administrative coercion. Recent measures are concentrated on various regulations such as laws and subordinate acts and are applied through out-of-court or in-court procedures which causes numerous difficulties in the doctrinal justification of a particular place of administrative proceedings in the system of administrative process. The present article is devoted to analysis of mentioned problems. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors of the article conclude that along with other administrative and jurisdictional proceedings such as complaint management, disciplinary and administrative proceedings there is an independent type of administrative and jurisdictional proceeding on application of state coercive measures conducted by executive authorities on an extrajudicial basis.
Lapina M.A., Karpukhin D.V. —
Summary
// Financial Law and Management. – 2015. – ¹ 2.
– P. 291 - 294.
DOI: 10.7256/2454-0765.2015.2.15927
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Abstract: The subject of the research is the problem of systematization of measures of state coercion that was discussed at a scientific "Round Table" named "Systematization of measures of government coercion". Systematization of measures of state coercion is necessary due to the need to raise the question about the ratio of sanctions regulating legal liability and sanctions containing the measures of state coercion. The result of the work of the "Round Table" was a series of important conceptual scientific methodological conclusions that can be used by researchers in further development of this problem. The authors have used the following scientific methods: hermeneutical and systems approaches, methods of analysis and synthesis, induction and deduction, comparative law method, etc. Based on generalization of the work of the Round Table "Systematization of measures of government coercion" the authors have made brief conclusions. It is noted, firstly, that the Round Table made a serious scientific contribution to the development of the substantive and procedural aspects of the regulation of measures of government coercion; secondly, researchers participating in the Round Table emphasized the need for systematization of measures of government coercion.
Lapina M.A., Karpukhin D.V. —
Integrated Environmental Legal Categories as a Factor of Optimizing Public Administration in the Russian Federation
// Financial Law and Management. – 2014. – ¹ 4.
– P. 212 - 223.
DOI: 10.7256/2454-0765.2014.4.14194
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Abstract: Abstract. The research investigates integrated environmental legal categories as a factor to optimize public administration. Environmental relations should occupy an important place among the factors optimizing public administration. In fact, they represent a very complex symbiosis reflecting closely intertwined interests of different social groups, communities and society as a whole. The environmental law has developed specific scientific and methodological categorical apparatus which from the authors’ point of view can be successfully adapted in conditions of systemic transformation of management processes in Russian society. In order to assess the impact of environmental categories on economic relations, the authors use the method of system analysis. The authors conclude that the conceptual categories of "ecologization", "ecological interest" and "ecological compromise" are dualistic in nature i.e. they combine formal legal and prudential components and can, therefore, act as specific regulators of social relations in social economic sphere of public administration.