Solov'ev A.A. —
Administrative hearing of claims for compensation of harm: foreign experience
// Administrative and municipal law. – 2016. – ¹ 4.
– P. 343 - 347.
DOI: 10.7256/2454-0595.2016.4.18299
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Abstract: The paper contains the analysis of the foreign experience of normative consolidation of the possibility to consider the cases of recourse against decisions, actions, or inactions of administrative bodies, related to the claims for indemnification, within administrative proceedings. The author studies the cases of Argentina, Armenia, Bulgaria, Georgia, India, Spain, Italy, China, Latvia, Lithuania, Portugal, Ukraine, France, Switzerland, and Estonia, and comes to the conclusion the most of them use the provision allowing considering the claims for indemnification for damage caused by decisions, actions, or inactions of administrative bodies or authorities together with the cases about declaring them illegal, i.e. within the same administrative process. The methodology is based on the methods of analysis and synthesis, the system and comparative-legal methods. The author analyzes the statutory instruments of foreign states and comes to the conclusion about the necessity to amend the Administrative Court Procedure Code of the Russian Federation with the provisions stipulating the possibility to consider the claims for indemnification of damage caused by the disputed decisions, actions, or inactions in the sphere of administrative or other public legal relations within administrative proceedings.
Lokhmanov D.V., Lapina M.A., Karpukhin D.V. —
Practice of administrative and criminal offences consideration by the European Court of Human Rights as a potential factor of the national criminal and administrative punishments optimization
// Police activity. – 2016. – ¹ 3.
– P. 269 - 280.
DOI: 10.7256/2454-0692.2016.3.16690
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Abstract: The research subject is the complex study of the practice of consideration of administrative and criminal offences by the European Court of Human Rights in the context of its potential impact on the optimization of the national criminal and administrative punishments. Special attention is paid to the analysis of the possible ways of decriminalization of criminal sanctions in the decisions of the ECHR using the example of the case of Engel, and the necessity to take into consideration the national administrative and criminal law system classifying illegal actions on the base of the principle of their social danger. The research methodology comprises the modern achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), and the comparative method. The author concludes that at present, in order to effectively optimize criminal and legal sanctions in the sphere of finance, it is necessary to apply the complex approach based on the practice of the European Court of Human Rights and the established doctrinal provisions about legal liability in the national system of law. The author offers to use the practice of the European Court of Human Rights, particularly the case of Engel, for improving the system of criminal and administrative sanctions established by the Russian legislation. The study is based on the results of the research funded by the agreement in the sphere of scientific research of the Financial University for 2015; the author uses the ConsultantPlus System.
Ruchkina G.F., Vengerovskii E.L. —
On the issue of the managing companies’ activities licensing in the sphere of housing maintenance and utilities
// NB: Administrative Law and Administration Practice. – 2016. – ¹ 2.
– P. 1 - 9.
DOI: 10.7256/2306-9945.2016.2.18272
URL: https://en.e-notabene.ru/al/article_18272.html
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Abstract: The authors consider such an important aspect of housing and utilities services ensuring as the managing companies’ activities licensing, and analyze the legislative novels in the sphere of licensing agencies, and the licensing requirements introduced in 2015. The research subject includes the statutory acts of the Ministry of Construction, Housing and Utilities in the sphere in question aimed at the improvement of public control mechanisms in the field of managing companies’ activities licensing. The authors pay special attention to the legal status of the self-regulating agencies’ representatives in the process of licensing, since their participation is necessary for corruption risks mitigation. The authors apply the comparative-legal method helping to detect the main drawbacks of the current legislation. The scientific novelty of the study consists in the complex analysis of the current legislation regulating the managing companies’ activities on the sphere of housing maintenance and utilities management. The authors propose the amendments to federal laws and delegate legislation aimed at the improvement of licensing mechanisms and the provision of access of competitive managing companies, providing high quality housing and utilities services, to this market.
Lokhmanov D.V. —
The case of Engel as a potential factor of criminal offences decriminalization in the Russian criminal law
// Police activity. – 2016. – ¹ 1.
– P. 76 - 88.
DOI: 10.7256/2454-0692.2016.1.16685
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Abstract: The research subject is the study of judicial practice of the European Court of Human Rights. The case of Engel precedent serves as a basis for differentiating between criminal and administrative offences. The case of Engel serves as a basis for reconsidering the decisions of Russian courts thus actualizing the issue of optimization of criminal and administrative offences, provided in special parts of the Criminal Code and the Code of Administrative Offences of the Russian Federation. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes the at present, in order to efficiently optimize criminal and administrative sanctions in financial and economic sphere it is necessary to apply the complex approach, based on the practice of the European Court of Human Rights and the formed doctrine provisions about legal liability in the national system of law. The novelty of the research lies in the proposals about using the practice of the European Court of Human Rights, particularly, the case of Engel, for differentiating the system of criminal and administrative sanctions. The article is prepared within the government task of the Financial University for 2015. The article is written using the “Consultant” system.
Lokhmanov D.V. —
Problems of the public service transparency in the Russian Federation
// NB: Administrative Law and Administration Practice. – 2015. – ¹ 5.
– P. 70 - 82.
DOI: 10.7256/2306-9945.2015.5.18068
URL: https://en.e-notabene.ru/al/article_18068.html
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Abstract: The author studies the reform aimed at the provision of transparency of public administration and public service in the Russian Federation. The author comes to the conclusion that the recent lack of efficiency of the law enforcement activities of the federal executive authorities, aimed at increasing the transparency of civil service, is conditioned by the absence of administrative regulation of these activities and the lack of personal interest of civil servants in the results of such activities. The methodology of the research is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), the methods of specific sociological research (statistical methods, expert assessments, etc.), and the comparative method. Law enforcement activities, aimed at increasing the efficiency of civil service in the Russian Federation, are not productive enough; some regulatory acts, described in the Methodological recommendations for the projects of transparency in the federal executive authorities, have not been developed yet. The author of the research proposes the specific measures of increasing the transparency of public administration and civil service in the Russian Federation.