Citations count: 9
Reference:
Vozhova E.M. —
Ministry of Finance of the Russian Federation: State-of-the-Art Review of the Financial Law Subject
// NB: Administrative Law and Administration Practice.
– 2012. – ¹ 1.
– P. 1 - 16.
DOI: 10.7256/2306-9945.2012.1.433 URL: https://en.nbpublish.com/library_read_article.php?id=433
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Abstract:
The article contains the analysis of the Ministry of Finance of the Russian Federation depending on the four directions (units) that characterize the Ministry of Finance as a governmental authority, state authority, executive authority and legal entity of public law. The author also pays atention at formation and development of a new phenomenon in law - legal entity of public law. The author forms the definition of state authority based on features of legal entities of public law and provides a definition of the Ministry of Finance of the Russian Federation as a state authority from the point of view of a legal entity of public law.
Citations count: 8
Reference:
Esipov V.A. —
The Federal Law 'On Federal Security Service Agencies of the Russian Federation' of 1995: Some Areas of Concern in the Process of Adopting
// NB: Administrative Law and Administration Practice.
– 2018. – ¹ 1.
– P. 10 - 17.
DOI: 10.7256/2306-9945.2018.1.26156 URL: https://en.nbpublish.com/library_read_article.php?id=26156
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Abstract:
In his article Esipov traces back the process of adoption of the federal law on Security Service Agencies of the Russian Federation of 1995. The author of the article analyses problems that are related to adoption and singing of the aforesaid law in terms of reformation of Russia's state security agencies at the beginning of the 1990. Noteworthy that adoption of that law was preceded with the transformatoin of the state security system in 1993 - 1994 which weakened the system yet again. When being discussed by the National Duma of the Russian Federation, the law was changed a lot including the title thereof. As a result, the Counterintelligence Service was renamed as security services. The Federal Security Service Agencies of the Russian Federation replaced the law on federal state security agencies of 1992. That law set forth general provisions regulating activity of the Federal Security Services, purposes, principles, competences, control and supervision thereof. In his research the author has used such methods as the method of structured system analysis, legalistic method, comparative law method, and legal modelling method. The author of the article gives a comparative description of two legal acts and describes their similarities and differences. As it has turned out, many provisions of the law on federal state security authorities have been transferred to the law on Federal Security Service agencies. As a result, the author makes a conclusion that the law of 1992 could have been amended instead of adopting a new law. That would reduce time and efforts that have been taken to improve the legal basis of the security service.
Citations count: 6
Reference:
Sidorov E.I. —
The Federal Customs service as a subject of administrative coercion application
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 4.
– P. 142 - 160.
DOI: 10.7256/2306-9945.2015.4.16507 URL: https://en.nbpublish.com/library_read_article.php?id=16507
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Abstract:
The article is devoted to the legal characteristics and the peculiarities of administrative and jurisdictional activity of customs authorities. The author investigates the legal basis and the types of administrative - jurisdictional proceedings, the order of their registration and their role and importance in the activities of the customs bodies in the Customs Union within the Eurasian Economic Union. The article focuses on the legal and organizational problems of administrative and legal regulation of administrative proceedings. The author carries out the theoretical and legal analysis of the concepts of administrative and jurisdictional activity. The main attention is paid to the development of the methods and methodology of administrative proceedings in the customs sphere. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the customs sphere it is necessary to improve the forms and methods of procedural activities of customs bodies. The author speaks about the necessity to develop administrative-legal regulation of administrative proceedings. The novelty of the research lies in the suggestions about the development of forms and methods of public regulation of customs activities and the provision of legal and organizational guarantees of legality in the sphere of customs administration.
Citations count: 6
Reference:
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.nbpublish.com/library_read_article.php?id=18068
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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.
Citations count: 5
Reference:
Vozhova E.M. —
Ministry of Finance of the Russian Federation as a Participant of Financial Law Relations
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 1.
– P. 12 - 29.
DOI: 10.7256/2306-9945.2013.1.434 URL: https://en.nbpublish.com/library_read_article.php?id=434
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Abstract:
The article studies special features of law institutions which unable the Ministry of Finance of the Russian Federation to participate in financial law relations and achieve the financial purposes and goals set forth by the state as a part of normative legal acts. The author of the article studies peculiarities of setting legal capability and capacity, rights and responsibilities, powers, purposes and goals of the Ministry of Finance of the Russian Federation as a part of the Government Decree No. 329 of June 30, 2004 on the Ministry of Finance of the Russian Federation. Special attention is paid at usign the institution of legal personality in the sphere of financial state activities. The author also makes certain conclusions about the legal status of the Ministry of Finance of the Russian Federation as the subject of law in general and the subject of financial law in particular. Special attention is paid at the influence of certian factors and legal categories (legal capacity and capability) allowing the Ministry to participate in financial law relations.
Citations count: 4
Reference:
Kananykina E.S. —
System of professional education in France.
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 11.
– P. 101 - 122.
DOI: 10.7256/2306-9945.2013.11.781 URL: https://en.nbpublish.com/library_read_article.php?id=781
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Abstract:
A specific feature of the French system of public education is strict centralization and administrative uniformity, and it lost its topicality in the modern society. The curriculums and programs, school order, assignment, movement, and dismissal of teachers of state educational institutions are regulated in much detail s by regulations, instructions, orders of the Ministry of National Education, and they currently give in to the processes of delegation of competence and self-government. Redistribution of competences between central and territorial government lead to the situation in which the Ministry of National Education and Culture had to uptake the duty of defining the most general directions of education policy, including establishment of general national standards, training, selection and payment to the school personnel. Decentralization of education is based upon two principles: separation of competence and complement principle. While the state delegated the competence regarding school transportation, functioning, utilities and construction of school institutions to the local territorial bodies, it still guarantees hiring and training of teachers and management of teaching staff. It defines the main directions of development of national education, as well as the education programs. The state established status and norms for the functioning of institutions, necessary positions of teaching and administrative staff. The Minister of Education makes decisions regarding vacation dates. The distribution of competence according to complement principle means distribution based upon the stages of education, and not the type of competence, allowing to avoid cross-financing of the same institution by several territorial groups. Each stage of education has its own management level. Decentralization of the education system, on which the decision was made back in 1982, provided for the step-by-step redistribution of competence from state bodies to municipal self-government bodies on three main directions.
Citations count: 4
Reference:
Maslyakov V.V., Portenko N.N., Pavlova O.N. —
Vaccination against coronavirus: legal issues
// NB: Administrative Law and Administration Practice.
– 2020. – ¹ 3.
– P. 28 - 34.
DOI: 10.7256/2306-9945.2020.3.33965 URL: https://en.nbpublish.com/library_read_article.php?id=33965
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Abstract:
This article examines the legal issues related to voluntary vaccination against the novel coronavirus infection COVID-19. It is noted that usage of contract with regards to mandatory vaccinations against coronavirus is impossible, as from the legal perspective, signing a contract is voluntary. Therefore, it is necessary to issue the corresponding legislative act that would not only establish the responsibility, but also ensure right for protection of biological database. There is also a need to settle the matter pertaining to storage of the collected biomaterial, as well as monitoring of the process of testing mass vaccination. There are currently no legislative acts on this issue, which necessitates the development of normative legal acts thereof. The article reviews the legal issues related to voluntary vaccination against the novel coronavirus infection COVID-19. There yet multiple unresolved legal issues regarding the application of new vaccine, requirements for its transportation, and storage of biological materials. It is underlined that if a pedagogue, medical employee, or sales person are not vaccinated against coronavirus, the suspension of this category of citizens or refusal to hire is currently unlawful. This is substantiated by the fact that in order for vaccination against any infectious disease (including COVID-19) to be mandatory, it is essential to make amendments to not only the aforementioned legislative act, but also to the framework law of 11.11.2011 No. 323-FZ “On the Fundamentals of Protection of Public Health in the Russian Federation”. These legislative acts should ensure the rights of citizens for refusal of medical treatment overall, as well as refusal of preventive vaccinations in particular.
Citations count: 3
Reference:
Aksenova A.V., Pavlova E.V. —
Results of the analysis of subjective indexes of adaptation of young employees – graduates of educational institutions of the Federal Penitentiary Service of the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 1.
– P. 41 - 46.
DOI: 10.7256/2306-9945.2017.1.20878 URL: https://en.nbpublish.com/library_read_article.php?id=20878
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Abstract:
The authors study the data obtained in the result of the survey of young employees – the 2013, 2014, 2015 graduates of educational institutions of the Federal Penitentiary Service of the Russian Federation. The survey was being carried out by the researchers of the Research and Development Center of the Federal Penitentiary Service of the Russian Federation in June-August 2016. The purpose of the research was to find out graduates’ opinion about their profession and the peculiarities of service in the penitentiary institutions and bodies. The article considers the problem of adaptation of graduates of educational institutions of the Federal Penitentiary Service of Russia. The authors come to the following conclusions:
It is necessary to correct the education program of educational institutions of the Federal Penitentiary Service of the Russian Federation in respect of the education program projecting based on the complex approach, and the need for a close correlation of practical and theoretical educational process.
It is necessary to establish the system of assistance to young specialists in psychological, social, and professional adaptation, based on care of colleagues and senior executives. At the same time, it’s necessary to use the help of mentors, which would improve the work of the rest of the personnel, since they will not have to get distracted from their duties.
Citations count: 3
Reference:
Yanik A.A., Popova S.M., Karpova S.F., Nesterov A.Y. —
Migration policy adjustments to address the regional labor markets demands: institutional and legal aspects
// NB: Administrative Law and Administration Practice.
– 2022. – ¹ 3.
– P. 30 - 57.
DOI: 10.7256/2306-9945.2022.3.38474 EDN: GDCZCQ URL: https://en.nbpublish.com/library_read_article.php?id=38474
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Abstract:
The authors aims to analyze the mechanisms used by the Russian federal subjects for affecting the national migration policy based on the regional labor markets' needs. The authors examined the main opportunities of the regions, available to date, for adjusting the decisions of the federal government in the regulating labor migration flows as well as their institutional and legal foundations. The source base of research is an array of strategic planning documents, regulatory legal acts, administrative documents of public authorities of the Russian Federation and subjects of the Russian Federation for the period of 2000-2022.
The authors present a new definition of the concept of "state policy in the labor immigration regulations". Despite the well-known problem of the lack of a clear delineation of the powers and responsibilities of federal and regional public authorities in migration policy, the regions of the Russian Federation have a number of opportunities to participate both in the implementation of state migration policy and in its regulation for answering the demands of regional labor markets. Authors concluded, despite the peculiarities of regional labor markets, the key control parameter of the regional migration policy is the indicator of the level of social tensions on the labor market. In order to meet the key performance indicators established by the federal center, the subjects of the Russian Federation have to manipulate admissions/prohibitions on attracting foreign labor, responding to rapid economic changes. This makes regional migration policy unpredictable and unstable.
Citations count: 3
Reference:
Kabanov P.A. —
Legal regulation of the activities of the Expert Council under the Presidential Anti-Corruption Directorate
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 5.
– P. 37 - 48.
DOI: 10.7256/2306-9945.2014.5.12681 URL: https://en.nbpublish.com/library_read_article.php?id=12681
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Abstract:
The subject of the research is evaluation of legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate. The main tasks of the research are:
a) evaluation of legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate;
b) elaboration of recommendations on the enhancement of legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate. The methodology of the research is based on the universal dialectical method of social reality cognition, and some general scientific methods (analysis, synthesis, comparison, etc.). The scientific originality consists of the fact that the author is the first who considers legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate, and offers the ways of its development. Particularly, the author suggests amending the Statute of the Expert Council under the Presidential Anti-Corruption Directorate with the norms about the grounds for the Council reorganization and abolition, and exclusion of its members, about the status of external experts, and about the legal status of the Council’s decisions.
Citations count: 2
Reference:
Bulgakova L. —
Administrative Activity Undertaken by Customs Authorities of the Russian Federation to Protect the Environment and Natural Resource Use
// NB: Administrative Law and Administration Practice.
– 2018. – ¹ 6.
– P. 7 - 15.
DOI: 10.7256/2306-9945.2018.6.25364 URL: https://en.nbpublish.com/library_read_article.php?id=25364
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Abstract:
The article is devoted to administrative responsibility of the Russian Federation customs authorities in the field of environmental protection and natural resource use. In her article Bulgakova describes the main functions of the customs authorities of Russia in this sphere and touches upon the current issues in this sphere, in particular, institutionalization of customs authorities' functions and performance goals taking into account the reviewed and recently adopted legal acts such as a draft federal law 'On Customs Regulation of the Russian Federation'. The author of the article analyses prevailing functions of the aforesaid authorities. Having analyzed current Russian and international laws, the author has made conclusions about administrative activity of the Russian Federation customs authorities as well as gaps in the legislation that establish functions and competences of the customs authorities in the Russian Federation.
Citations count: 2
Reference:
Sotskov F.N. —
Action in public proceedings: problems of combination
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 6.
– P. 1 - 7.
DOI: 10.7256/2306-9945.2014.6.14960 URL: https://en.nbpublish.com/library_read_article.php?id=14960
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The subject of the article is the problem of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.
Citations count: 2
Reference:
Komakhin B.N. —
Information and innovation society and the process of development of civil service.
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 1.
– P. 32 - 45.
DOI: 10.7256/2306-9945.2014.1.11155 URL: https://en.nbpublish.com/library_read_article.php?id=11155
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Abstract:
The article concerns legal and organizational fundamentals for the development of the innovative and information guarantees of public service, noting some problems in the way of development of the information technologies within the system of public service relations. The article refers to a number of various social relations concerning information guarantees of service activities of public servants of various state government bodies. It is noted which of the external threats to the development of service activities of the administrative cadres are fundamental. Currently the key problems include the generally low demand for innovations in this sphere and inefficient activities of the public administration bodies and officials. At the innovative and information stage of development of the civil society law and morality necessarily take the form of the state of need and reason. There is need to fill the information sphere with such moral norms, which would facilitate personal development and support tolerance in service activities.
Citations count: 2
Reference:
Ostrovskaya A.S. —
Administrative Responsibility of the Russian Federation Citizens for the Violation of the Residency (Domicile) Registration Regulations
// NB: Administrative Law and Administration Practice.
– 2018. – ¹ 6.
– P. 1 - 6.
DOI: 10.7256/2306-9945.2018.6.28954 URL: https://en.nbpublish.com/library_read_article.php?id=28954
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Abstract:
The object of the research is a set of social relations arising in the process of establishment and imposing administrative responsibility for violations of registration laws in the Russian Federation. The subject of the research is the theoretical and practical aspects of the institution of administrative responsibility, conents, targets, and current issues of relevant law-enforcement practice. The aim of this research is to analyze theoretical and practical issues that may arise in the process of the enforcement of administrative responsibility for the violation of residency (domicile) registration rules in the Russian Federation. In her research Ostrovskaya has widely used the dialectical research methods that allows view phenomena in terms of their dynamics and historical development. The researcher has also applied special research methods such as formal law and comparative law. The novelty of the research is caused by the fact that the author makes conclusions, statements and recommendations on how to improve the current Russian administrative law. The rationale of the research is determined by the need to find the best ways of improving the system of administrative sanctions for the violation of the Russian Federation registration laws.
Citations count: 2
Reference:
Savoskin A.V. —
The category of applicants according to the Federal Law “On the Procedure of Citizens’ Applications Consideration”: types and peculiarities
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 5.
– P. 16 - 31.
DOI: 10.7256/2306-9945.2014.5.13635 URL: https://en.nbpublish.com/library_read_article.php?id=13635
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The article is devoted to the analysis of the category of applicants as subjects of applications, but it doesn’t consider the problem of addressees. Besides the traditional applicants – citizens and groups of citizens, the article analyzes the new subjects – “citizens’ associations, including juridical persons”, and the reasons for including of this two-part formulation into the Federal Law “On the Procedure of Citizens’ Applications Consideration”. The author studies the foreign experience of juridical persons normative inclusion in the category of subjects of law on application. The author studies the problem of the subject of application legal competence, including the question of its presence at different types of applicants. The publication is based on the general scientific dialectic method. The special methods used are: the system-structural method, the formal-juridical method, and the logical and comparative-legal methods. The author substantiates the separation of three independent types of applicants: individual, group of individuals, and organization (association of citizens and juridical person). It is stated that in constitutional legal sense an applicant is always an individual person (not a public one), but neither public authority bodies nor their officials. Organizations’ applications analysis had proved that the constitutional right on application belongs not to each particular member of the collective, but only to the association, i.e. it is not the sum of individual rights on application. The author offers the measures to enhance the legislation, and explains the notions “public individual”, “applicant”, and some others.
Citations count: 2
Reference:
Gryaznova E.V., Mikheeva V.V. —
Information infrastructure of municipal management
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 6.
– P. 1 - 9.
DOI: 10.7256/2306-9945.2015.6.18389 URL: https://en.nbpublish.com/library_read_article.php?id=18389
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The research subject is information infrastructure of municipal management. The research object is municipal management informatization. The authors pay special attention to the analysis of the principles of development of information infrastructure of municipal management. In particular, they consider the experience of information infrastructure forming in the municipalities of the Russian Federation, reveal the main components of information infrastructure, and consider the structure of its main elements. The authors analyze the current problems of establishing and implementing information infrastructure of municipal management. The research methods include analysis, comparison, and generalization, the structural-functional method, the elements of information approach. The authors conclude that information infrastructure of municipal management can be understood as a set of the following elements: information potential of the subjects of management; information flows and resources; information instruments; legal provision regulating the efficiency of information infrastructure. The research novelty lies in the substantiation of the necessity to include information potential of management subjects into the information structure of municipal management. The study of municipal programs shows that this element is not taken into consideration, thus leading to the inefficient use of infware.
Citations count: 2
Reference:
Zatsepina E. —
Regulatory functions of the Bank of Russia in the sphere of microfinance activities
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 3.
– P. 29 - 35.
DOI: 10.7256/2306-9945.2017.3.22197 URL: https://en.nbpublish.com/library_read_article.php?id=22197
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Abstract:
The author studies the main regulatory functions of the Bank of Russia in the sphere of microfinance activities. The structural reform of microfinancing in Russia, which had consisted in the introduction of the institution of self-regulation in July 2016, actualized the issues of differentiation of regulatory functions of public authorities and organizations. The author characterizes the jurisdictional functions of the Bank of Russia in the sphere of microfinancing. Significant attention is given to the regulatory functions. The author defines the correlation between the concept of “control” and “supervision”. The research methodology is based on general scientific (analysis, synthesis, classification, description) and specific methods of cognition (formal-dogmatic, system-structural, and the method of legal interpretation). The scientific novelty of the study is determined by the amendments to the Federal law of 2 July 2010 “On microfinance activities and microfinance organizations”, particularly by the introduction of the institution of self-regulation in the sphere of microfinancing and endowing them with some functions of the Bank of Russian in the sphere of regulation of microcredit and microfinance organizations.
Citations count: 2
Reference:
Lapin A.V. —
Excise duties for fuel: the limits to growth
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 6.
– P. 28 - 38.
DOI: 10.7256/2306-9945.2016.6.20837 URL: https://en.nbpublish.com/library_read_article.php?id=20837
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The research subject incudes the theoretical problems of legal regulation of the excise duty rates for fuel and their interconnection with transport tax. The Tax Law drafts, establishing the excise duty rates in the Russian Federation, are prepared by the Ministry of Finance for the Government of the Russian Federation; then they are transferred to the State Duma of the Russian Federation. With that, the legislator doesn’t introduce a strict legal regime for the terms, volume and quantity of the rates changes during the fiscal year. The article 192 of the Tax Code of the Russian Federation establishes the tax period – a solar month. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical methods, the system method, analysis, synthesis, analogy, deduction, the traditional methods of jurisprudence (formal logical, comparative-legal) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes about the absence of the statutory administrative procedure of legislative change of excise duty rates (using the example of excise duty for fuel). The author states the necessity to harmonize the regime of state regulation of excise duty rates in the Russian Federation. The scientific novelty of the study consists in the proposals that take into account the foreign experience of the excise duty rates for fuel regulation and the legal regulation of the procedure of their change, and in the substantiation of the need for the cancellation of the transport tax in the Russian Federation.
Citations count: 2
Reference:
Bobrova A.V. —
Functional Approach to Optimizing the Structure of the Russia's Federal Customs Service Directorates
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 6.
– P. 9 - 21.
DOI: 10.7256/2306-9945.2017.6.25781 URL: https://en.nbpublish.com/library_read_article.php?id=25781
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The subject of the research is the process of management at customs authorities in terms of functional responsibilities of the Directorates of the Central Administration of Russia's Federal Customs Service, in particular, definition of the main provisions of restructuring methods at Directorates under given staff reduction indicators set forth by the Federal Customs Service of Russia, and description of the principles and methods of the functional approach to customs activities. The purpose of the research is to develop mathematically and economically grounded criteria for optimization of the customs authority structure and development of recommendations for Directorates in the process of performance of their functions. The methodological basis of the research is the analysis of the system of customs authorities management, in particular, senior management, analysis, generalisation and systematization of functions of the Directorates of the Central Administration of Russia's Federal Customs Service, creation of criteria for optimization of the structure of customs authorities tkaing into account the issues discovered, and synthesis of the methodological grounds for interaction between Directorates of the Central Administration of Russia's Federal Customs Service depending on functions and evaluation criteria of their activity. The novelty of the research is caused by the fact that the author offers her own classification of functions performed by the Directorate of the Central Administration of Russia's Federal Customs Service as defined by the federal laws. The main conclusion of the research is the author's idea to create an optimal structure of Directorates of the Central Administration of Russia's Federal Customs Service with a lesser number of senior managers in proportion to a lesser number of staff.
Citations count: 2
Reference:
Kabanov P.A. —
Annual report on the results of anti-corruption activities in the Russian region as the means of official anti-corruption informing: concept and content
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 6.
– P. 44 - 63.
DOI: 10.7256/2306-9945.2015.6.18409 URL: https://en.nbpublish.com/library_read_article.php?id=18409
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Abstract:
The research subject is the annual reports on the results of anti-corruption activities in Russian regions. The research object is the content of annual reports on the results of anti-corruption activities in the regions of the Russian Federation, and the statutory instruments of Russian regions regulating their preparation and promulgation. The research is aimed at defining the legal content of annual reports on the results of anti-corruption activities in Russian regions. The research tasks are:
- To analyze the statutory instruments regulating the preparation of annual reports on the results of anti-corruption activities in the regions of the Russian Federation.
- To develop the legal definition of an annual report on the results of anti-corruption activities in the Russian region and the related definitions
The research methodology is based on the dialectical materialism and the related general scientific methods of cognition: analysis, synthesis, comparison, and others. The scientific novelty of the study lies in the analysis of the content and legal regulation of preparation and promulgation of annual reports on the results of anti-corruption activities in Russian regions, and the development of scientific categories of “an annual report on anti-corruption activities of the region of the Russian Federation” and “official anti-corruption informing about the results of fight against corruption”.
Citations count: 2
Reference:
Bystrova O. —
Administrative grounds of organizing the Museum Fund of the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 5.
– P. 1 - 16.
DOI: 10.7256/2306-9945.2015.5.18057 URL: https://en.nbpublish.com/library_read_article.php?id=18057
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Abstract:
The research subject covers the administrative grounds of organizing the Museum Fund of the Russian Federation, its government and non-government components. The author considers the legal base regulating the grounds of organizing the Museum Fund. Special attention is paid to the administrative procedure of inclusion of cultural values in the structure of the Museum Fund. The author studies the procedure of keeping the State Catalogue of the Museum Fund. The author analyzes the methods of supervision over preserving and effective managing of cultural values belonging to the Museum Fund. The author applies general scientific methods: the systems method, the dialectical and logical methods, and special legal methods: complex, comparative-legal, analysis, synthesis. For analyzing the legislative base the author applies the method of lexical and grammatical analysis. The novelty of the research lies in the complex consideration of administrative grounds of organization of the Museum Fund of the Russian Federation, and proposes the measures of the current legislation improvement. The author proposes the forms of government control and the procedure of interaction of the state and private individuals possessing museum objects and collections.
Citations count: 2
Reference:
Vasil'ev R.I. —
Legal Regulation of the Customs Value Control
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 1.
– P. 63 - 128.
DOI: 10.7256/2306-9945.2013.1.582 URL: https://en.nbpublish.com/library_read_article.php?id=582
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Abstract:
the article is devoted to research of the questions of the legality of decisions taken by the officials in the customs valuation control. Based on the analysis of judicial practice on cases appealing the decisions of customs authorities on the customs valuation adjustment, there are suggested findings of the contemporary mechanism of the customs valuation control in the Russian Federation, and suggestions for its improvement.
Citations count: 2
Reference:
Bombitskii A.M. —
Administrative responsibility and its implementation in cases of breaches of the legislation on contract system in procurement of goods, works, and services for state and municipal needs
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 4.
– P. 129 - 141.
DOI: 10.7256/2306-9945.2015.4.16660 URL: https://en.nbpublish.com/library_read_article.php?id=16660
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Abstract:
The article focuses on legal and organizational problems of implementation of administrative responsibility for breaches of the legislation on contract system in procurement of goods, works, and services for state and municipal needs. The author carries out a detailed theoretical and legal analysis of the concepts of administrative responsibility. The article presents the author's position on the concept of legal regulation of administrative responsibility. The main attention is paid to the development of methods and methodology of administrative-legal regulation of responsibility in administrative law. The study shows the author's position on the interpretation and legal regulation of these categories. The methodological basis of the article comprises the current achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.). The author concludes that at present in order to ensure legality in the sphere of procurement of goods, works and services for state and municipal needs it is necessary to improve the forms and methods of administrative-legal regulation in this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of responsibility in the sphere of public procurement. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of administrative responsibility and the creation of legal and institutional guarantees of legality in public procurement.
Citations count: 2
Reference:
Shcherbakov O.N. —
The State of the Current Russian Federation Laws Regulating Participation of Citizens in the Enforcement of Public Order
// NB: Administrative Law and Administration Practice.
– 2018. – ¹ 2.
– P. 31 - 41.
DOI: 10.7256/2306-9945.2018.2.27245 URL: https://en.nbpublish.com/library_read_article.php?id=27245
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Abstract:
The subject of the research is regulatory legal acts and law enforcement practice of citizen participation in the protection of public order.The object of the research is public relations related to the participation of citizens in the protection of public order. The author examines the content of regional and federal legislation on the participation of citizens in the protection of public order. Particular attention is paid to the possibilities for citizens involved in the protection of public order, physical force to prevent crimes and administrative offenses, including the detention of persons who have committed them, as well as the implementation of preventive measures. The methodological basis of the study is the the dialectical analysis. The author has also applied statistical, formal-logical, comparative analysis, and comparative legal methods. The main conclusions of the conducted research are the following: the system of crime prevention is implemented in the framework of the practical activities of state prevention subjects with the participation of individuals, public associations and other organizations; the substantive part of regional legislation on the issue of citizen participation in the protection of public order is the actual copying of the law “On the participation of citizens in the enforcement of public order” without taking into account the peculiarities of the region of law enforcement; powers of citizens participating in the protection of public order prevents them from exercising their legal functions to curb offenses, safeguard the scene of the incident, and ensure the preservation of physical evidence in cases accompanied by active disobedience and opposition from offenders.
Citations count: 2
Reference:
Iakovlev-Chernyshev V.A. —
Digitalization of state administration in the Russian Federation: advantages and risks
// NB: Administrative Law and Administration Practice.
– 2021. – ¹ 2.
– P. 42 - 51.
DOI: 10.7256/2306-9945.2021.2.36011 URL: https://en.nbpublish.com/library_read_article.php?id=36011
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Abstract:
The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.
Citations count: 2
Reference:
Kabanov P.A. —
Legal linguistic uncertainty as an object for the anti-corruption expertise of normative legal acts and drafts of normative legal acts.
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 3.
– P. 61 - 71.
DOI: 10.7256/2306-9945.2014.3.12055 URL: https://en.nbpublish.com/library_read_article.php?id=12055
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Abstract:
The object of the scientific research is legal linguistic uncertainty as a corruption-generating factor, while also being an an object for the anti-corruption expertise of normative legal acts and drafts of normative legal acts according to the current Russian anti-corruption legislation. The subject field of studies includes certain types of legal linguistic uncertainty, such as semantic linguistic uncertainty, hidden linguistic uncertainty, other types of uncertainty, which need to be terminated within the other types of expertise, such as linguistic and legal expertise. The main methodological approach within the studies is dialectic materialism and the general and specific scientific methods of legal reality cognition. The article for the first time in the Russian legal literature regards the phenomenon of legal linguistic uncertainty as a comprehensive legal, philological and anti-corruption problem, the author establishes and describes types of its manifestations (semantic, latent). The author defines legal fundamentals for the neutralization of this corruption-generating factor in the modern Russian lawmaking, and he also supports the proposal of Russian scholars on the formation of the novel scientific direction and expert practice in the sphere of anti-corruption legal linguistic expertise.
Citations count: 2
Reference:
Bikeev I.I., Magizov R.R. —
Review of the monograph by P.A. Kabanov “Anti-corruption monitoring in Russian regions: issues of theory and practice of legal regulation”. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2015. – 181 p.
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 3.
– P. 26 - 39.
DOI: 10.7256/2306-9945.2016.3.19010 URL: https://en.nbpublish.com/library_read_article.php?id=19010
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Abstract:
The subject of the analysis is the monographic research by Pavel Aleksandrovich Kabanov, Doctor of Legal Sciences, Professor of the department of criminology of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, devoted to the problem of “Anti-corruption monitoring in Russian regions: issues of theory and practice of legal regulation” and published at Nizhny Novgorod Academy of the MIA of Russia. The purpose of the research is the assessment of the quality of the scientific work devoted to the scientifically and practically important problem. The tasks of the research are: a) searching for, detecting and describing the merits of the work; b) searching for, detecting and describing the issues requiring further development by the author or other scholars. The research methodology is based on the dialectical materialism and the related methods of system and structural analysis. The scientific novelty consists in the authors’ assessment of a significant innovative monographic research by professor Kabanov devoted to the issues of organization and realization of anti-corruption monitoring in the Russian Federation on regional and municipal level. The authors’ conclusions have a significant scientific importance for the development of anti-corruption monitoring as an independent measuring tool of anti-corruption practice.
Citations count: 1
Reference:
Mikhaleva I.S., Sergunova A.S. —
The subject of liability in road traffic accident involving a highly or fully automated vehicle
// NB: Administrative Law and Administration Practice.
– 2021. – ¹ 1.
– P. 36 - 47.
DOI: 10.7256/2306-9945.2021.1.35493 URL: https://en.nbpublish.com/library_read_article.php?id=35493
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Abstract:
The object of this research is the system of socio-legal relations in the sphere of ensuring road traffic safety. The subject of this research is the legal norms that regulate the administrative-legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The goal of this article consists in the analysis of the normative framework that regulates operation of automated vehicle on the road, as well as the administrative-legal status of the driver of such vehicle. Analysis is conducted on the foreign experience, federal legislation, bylaws and departmental acts pertaining to consolidation of the the legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The novelty of this work is defined by practical and scientific relevance of the problems of the activity of law enforcement agencies in the area of ensuring road traffic safety, as well as the need for improving the legal framework that regulates the authority of the Russian police. The acquired results can be used in legislative activity of the government branches, activity of the law enforcement agencies, educational institutions, scientific research of the experts dealing with the problems of ensuring road traffic safety, improvement of the branches of Russian legal system.
Citations count: 1
Reference:
Moshkina N.A. —
Legal Nature of Inspection as a Form of Control: Administrative and Customs Aspect
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 3.
– P. 1 - 24.
DOI: 10.7256/2306-9945.2013.3.655 URL: https://en.nbpublish.com/library_read_article.php?id=655
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Abstract:
Article is devoted to consideration of the legal nature of examination. The choice of research of this form is caused by the special importance of the specified action in activity of executive authorities, in particular customs authorities as during examination the most part of customs and administrative offenses is opened. The conclusion that examination has two aspects locates: administrative and customs. On the one hand it is applied as a form of customs control, with another - as a measure of administrative coercion. The author presented own classification of customs inspection, its purposes and a task are defined. In article the special attention is paid to personal customs inspection as this form of control is applied only in exceptional cases that is caused by ensuring the rights and freedoms of the person and the citizen. The author offered own scientific definitions of studied concepts that is the undoubted advantage of this work. The conclusion is as a result drawn on a duality of the legal nature of examination.
Citations count: 1
Reference:
Karavaev A.O., Zabaykalov A. —
On particular aspects of an Internet Service Provider’s responsibility for copyright infringement on the Internet
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 5.
– P. 17 - 25.
DOI: 10.7256/2306-9945.2016.5.19787 URL: https://en.nbpublish.com/library_read_article.php?id=19787
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Abstract:
The article considers the topical aspects of a provider’s responsibility for copyright infringement on the Internet. The authors study the particular gaps and inconsistences in the legal regulation of this sphere. Particularly, the authors note the shortcomings of the normative conceptual framework typical for anti-counterfeiting legislation. The authors analyze the approaches to this problem, applied in foreign countries and in Russia, substantiate and formulate the suggestions about the improvement of the current Russian legislation. The research methodology is based on the traditional principles and methods of jurisprudence: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that the constant resource locking, prescribed by the Federal Law of 2 July 2013 No 187 “On amending particular statutory instruments of the Russian Federation on the issues of copyright protection in information and telecommunication networks”, contradicts the basic principles of civil law. It is particularly important in the context of the absence of real mechanisms of interlock bypass prevention. Besides, the authors give attention to the problems of legal regulation of an “information intermediary” status.
Citations count: 1
Reference:
Yanik A.A. —
Changes in the System of Managing the Development of the USA's Space Sector: the Case Study Results
// NB: Administrative Law and Administration Practice.
– 2019. – ¹ 2.
– P. 5 - 21.
DOI: 10.7256/2306-9945.2019.2.29344 URL: https://en.nbpublish.com/library_read_article.php?id=29344
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Abstract:
The object of the research is the system of state management of developing the space sector in the USA. The subject of the case study is the changes that have been happening in the system of management of American space development under the conditions of instability, uncertainty, complexity and contradictions of the modern world. The author of the article focuses on such phenomena as the growth of interest towards the evaluation of societal effects of space projects and programs, improvement of the mechanism that records numerous interfaces of stakeholders, transformation of the role of different elements in the system of state management of space development in order to preserve the leading position of the USA disregarding the external conditions. To achieve the aforesaid research objectives, the author has used general research methods (generalisation, analysis and synthesis), empirical and comparative (comparative history, comparative law) research methods. The author demonstrates that analysis of mechanisms that allow national management systems to make efficient changes and successfully perform their tasks (including space development) is an important area for further research. The author notes that excessive regulation of executive authorities' activity reduces their adaptability. Based on the analysis of the USA, the author demonstrates that under current conditions the role of auditing chambers is growing because this is the institution that offers a unique 'feedback' mechanism and may act not only legally and legitimately but also fast and efficiently.
Citations count: 1
Reference:
Paschenko I.Y. —
The Development of the Information Society in the Russian Federation: digital Information, information Technology and public Administration
// NB: Administrative Law and Administration Practice.
– 2022. – ¹ 3.
– P. 58 - 68.
DOI: 10.7256/2306-9945.2022.3.38578 EDN: QSVTWK URL: https://en.nbpublish.com/library_read_article.php?id=38578
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Abstract:
In the presented work, the author explores the development of the information society in the Russian Federation. Among the main factors influencing the transformation of public administration, the use of digital information and the use of information technologies by public authorities and local self-government are highlighted. The subject of the study is the legal regulation of relations arising in connection with the use of information in digital form and technologies related to its processing for management purposes. The task set by the author is due to the identification of trends in the development of information activities of public authorities. It is noted that in the current conditions, communication between citizens and the state is changing due to the emergence of new management mechanisms. The main hypothesis of the study is that the process of changing the electronic form of phenomena and categories to their more modern analogue in the perception of management subjects, which has a digital embodiment, is fixed. Digitalization did not become an unexpected phenomenon, it was preceded by the process of automation and informatization in public administration.
The novelty of the research lies in the theoretical substantiation of the need to establish a continuous information exchange between the state and citizens by providing the population with permanent access to information and opportunities for its independent use, including automated processing.
The practical value of the work is due to the consideration of the process of changing the provision of state and municipal services from the perspective of management activities and the new concepts of "superservice" and "monoservice".
Conclusions are drawn about the stability of the existing regulatory framework for the development of public administration in the context of the digital transformation of society and the need for timely, point-by-point regulation of information legal relations of a public nature.
Citations count: 1
Reference:
Kabanov P.A. —
The qualification requirements to the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions.
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 3.
– P. 25 - 33.
DOI: 10.7256/2306-9945.2013.3.657 URL: https://en.nbpublish.com/library_read_article.php?id=657
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Abstract:
The article formulates general and specific qualification requirements to the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions on professional competence disputes. Among such criteria the author singles out professional education of the relevant level, relevant position in educational or scientific research institution, working experience in state (municipal) service, impeccable reputation. The author also offers classification of the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions depending on legislative prescriptions on municipal (state) service - into those who are obligated to be included into such commissions, and those who may be included into such commission upon discretion of the head of the state or municipal body.
Citations count: 1
Reference:
Akopdzhanova M. —
Legal provision of the institute of compensation for the violation of right of adjudication implementation within reasonable time
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 5.
– P. 32 - 36.
DOI: 10.7256/2306-9945.2014.5.13930 URL: https://en.nbpublish.com/library_read_article.php?id=13930
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Abstract:
The existing Russian legislation provides the mechanisms of protection of citizens' rights of implementation by the officials of adjudications, delivered in favour of those citizens, aimed at securing of their rights and interests, within reasonable time. The article is devoted to the legal mechanisms of such securing, the questions of making answer for the violation of the right of adjudication implementation within reasonable time, for the officials obstruction of this implementation. The article considers the questions of criminal liability for the crime mentioned, the objective and subjective corpus delicity indications. The methodological base of the research is the complex of general and specific scientific methods of the objective social and legal reality understanding in the area studied: analysis, synthesis, systematization and generalization, formal logical method. The article studies the most important aspects of application of the existing Russian legislation norms directed to the provision of citizens' rights of timely implementation of adjudications devoted to their rights protection. The article analyses the norm of the criminal law containing the responsibility for the violation of the requirement. The conclusions of the article can be helpful for the law enforcement bodies during investigation of cases of a respective category, for students, postgraduates, and everyone interested in jurisprudence.
Citations count: 1
Reference:
Lapin A.V. —
Utilization fee for vehicles, self-propelled vehicles and trailers in the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 3.
– P. 1 - 11.
DOI: 10.7256/2306-9945.2016.3.18875 URL: https://en.nbpublish.com/library_read_article.php?id=18875
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Abstract:
The article focuses on theoretical, organizational, economic and legal problems of state regulation of utilization fee for vehicles in modern Russia. Introduced in 2012, the utilization fee has undergone recent significant changes, and since 2016 it's being applied not only to vehicles (cars, trucks, etc.), but also to trailers and self-propelled machines. The established sum does not correspond with the costs associated with the disposal of vehicles withdrawn from exploitation. At the same time, environmental safety is proclaimed the main purpose of a utilization fee.The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and system methods, analysis, synthesis, analogy, deduction, the formal-logical, comparative-legal and statistical methods, expert assessments and others. The author concludes that it is necessary to scientifically substantiate the sums of a utilization fee for vehicles, self-propelled vehicles and trailers produced both in Russia and abroad. The scientific contribution of the author is the characteristic of the legal nature of a utilization fee and the economic substantiation of the prognosis of the rapid appreciation of some types of vehicles, which will lead to the decrease of production figures of transport, construction, agriculture and forestry enterprises, to a slower renovation of the population of machines and specialized machinery, to a further decrease of competitiveness of Russian companies.
Citations count: 1
Reference:
Zeinalov F.N., Kalyuzhnyi Y.N. —
On the Question about Improvement of the Legal Confirmation of Law Enforcement Officers' Powers Based on the Example of the Patrol-Road and Patrol-Guard Service
// NB: Administrative Law and Administration Practice.
– 2018. – ¹ 4.
– P. 9 - 23.
DOI: 10.7256/2306-9945.2018.4.27720 URL: https://en.nbpublish.com/library_read_article.php?id=27720
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Abstract:
The subject of the research is the system of social relations that arise in the process of traffic safety. The object of the research is the interaction between drivers and police officials who protect the public order and social security. The aim of the research is to analyze the legal basis that regulates powers of police officials pursuant to the provisions of the Police Law that establish the right of a driver to stop. The author analyzes the legal basis for the overall police functions performed by the State Traffic Safety Inspectorate and Patrol-Guard Service in the field of road traffic security. The authors provide statistical information that emphasizes the need to differentiate between powers of the aforesaid services. The authors also carry out an analysis of judicial practice on the problem and offer to make certain amendments to the law. The authors pay special attention to the hidden contradictions in the Federal Police Law No. 3, bylaws, and departmental orders of the Ministry of Internal Affairs of Russia that regulate authorities and competences of the Patrol-Guard Service, local district police and Patrol-Road Service. The methodological basis of the research involves fundamental provisions of the theory of law and state, generalisation of the practical experience, application of the logical analysis and systems analysis methods, monographic comparative and other research methods. The scope of the application of the results may include legal and law-enforcement activity, educational process, traffic safety researches and improvement of the Russian law system. The novelty of the research is caused by the practical and theoretical importance of law-enforcement activity of law-enforcement authorities and the need to improve the legal grounds of police subdivisons' activity. In conclusion, the author to change the Federal Police Law No. 3 provision about the right to stop, in particular, to exclude the phrase 'when it enables the police to ensure the traffic safety'.
Citations count: 1
Reference:
Rouvinsky R.Z., Komarova T. —
Social Credit System in the People's Republic of China: normative legal framework and principles of functionality
// NB: Administrative Law and Administration Practice.
– 2020. – ¹ 4.
– P. 18 - 53.
DOI: 10.7256/2306-9945.2020.4.34365 URL: https://en.nbpublish.com/library_read_article.php?id=34365
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Abstract:
This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.
Citations count: 1
Reference:
Mironov A.N. —
Imperfection of the legislation on citizens involvement in public order protection
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 5.
– P. 61 - 69.
DOI: 10.7256/2306-9945.2015.5.17184 URL: https://en.nbpublish.com/library_read_article.php?id=17184
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Abstract:
The research subject is the Russian legislation on citizens involvement in public order protection. The author analyzes the Federal law of 02.04.2014 No 44 “On citizens involvement in public order protection” with respect to a possible realization of its particular provisions; offers the author’s understanding of certain moments, which can allow improving this regulatory instrument. The paper presents the author’s positions on enhancing the guarantees for the persons, involved in public order protection, by criminal and administrative legislation. The research methodology includes general methods of cognition and traditional legal methods. The validity and reliability of the research results are determined by the application of the approved research methods, presupposing the complex study of the problem. The author concludes that the adoption of the Federal Law No 44 is the example of a poorly thought-out legal act, the application of which should be estimated during the practice. The author’s proposals can help eliminate some of the existing drawbacks of the legislation on citizens involvement in public order protection.
Citations count: 1
Reference:
Sevostyanova E.V. —
Relief from Administrative Responsibility for Failure to Declare or False Declaration of Goods: Implementation Issues in Eurasian Economic Union Business Environment
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 5.
– P. 1 - 10.
DOI: 10.7256/2306-9945.2017.5.25020 URL: https://en.nbpublish.com/library_read_article.php?id=25020
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Abstract:
The subject of this research is the problems of implementing the institution of relief from administrative responsibility for failure to declare or false declaration of goods in Eurasian Economic Union business environment. The author of the article carries out a detailed analysis of tax and administrative laws as well as law-enforcement practice in ensuring adequacy and objectivity of amnesty granting conditions for faithful participants of tax relations. The author of the article analyses the legal bases to introduce supplementary grounds for relieving from administrative responsibility in case of voluntary elimination of consequences of failure to declare or submission of false information about goods before release of goods. The methodology and methods of research include dialectic materialistic approach and a set of general and special research methods that are based on that approach. These methods have been defined by certain goals and tasks of the research including but not limited to structured system analysis, logical method, generalisation, legalistic method, content analysis, etc. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the author carries out an integral analysis of the legal grounds for relieving from administrative responsibility for failure to declare or false declaratino of goods in both Customs Union and Eurasian Economic Union business environments and offers to introduce supplementary grounds for granting amnesty to a faithful participant of tax relations from administrative responsibility for failure to declare or false declaration of goods.
Citations count: 1
Reference:
Chuzhinov I.A. —
Issues that May Arise in the Process of Imposing and Compensating for Court Expenses in Cases of Challenging Cadastral Value As Part of Administrative Proceedings
// NB: Administrative Law and Administration Practice.
– 2019. – ¹ 2.
– P. 1 - 4.
DOI: 10.7256/2306-9945.2019.2.29144 URL: https://en.nbpublish.com/library_read_article.php?id=29144
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Abstract:
The cadastral value of real estate defined on the basis of massive evaluation as a result of state cadastral value often contradicts to the market value defined as a result of individual evaluation of a particular real estate item. In his article Chuzhinov talks about the problems that may arise in the process of imposing and compensating for court expenses in cases of challenging the cadastral value as part of administrative proceedings. The author describes changes that have been happened in the judicial practice and casts light on the important issues that should be focused on when such a court case is initiated. The subject of the research is the social relations arising during challenging the cadastral value of real estate. The main conclusions of the research is that there is a certain need to make amendments to the current laws and regulations that relate to the distribution of court expenses in cases of challening cadastral value. The author offers several solutions of the problems that may arise in the process of imposing and compensating for court expenses in cases of challenging cadastral value of administrative proceedings.
Citations count: 1
Reference:
Kurakin A.V., Karpukhin D.V., Saidov Z.A. —
Revisiting Application of Administrative Enforcement Measures to Microfinance Organizations
// NB: Administrative Law and Administration Practice.
– 2019. – ¹ 3.
– P. 20 - 27.
DOI: 10.7256/2306-9945.2019.3.29587 URL: https://en.nbpublish.com/library_read_article.php?id=29587
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Abstract:
The subject of the study is operative rules of the Federal Law "On Microfinance Activities and Microfinance Organizations", Code of the Russian Federation on Administrative Violations, and by-laws published by Bank of Russia, which regulate grounds and applications of administrative enforcement measures to microfinance organizations. Moreover, regulations containing mandatory criteria of Microfinance Organizations' activity are examined, contained in the Federal Law "On Microfinance Activities and Microfinance Organizations" and regulatory acts of Bank of Russia. The legal effects are examined, related to the application of administrative enforcement measures to microfinance organizations, violating the prudential regulations. The methodological basis of the article is a set of different methods used in scientific knowledge. In the process of the study were used philosophical methods (dialectics, systemic method, analysis, synthesis, deduction, modeling); classical legal methods (formal-logical, interpretive methods) which were implemented in the process of the analysis of specific content of legal regulations; a comparative method that was used to compare different administrative enforcement measures applied to microfinance organizations. The main conclusion drawn from the study is that the Code of the Russian Federation on Administrative Violations contains the legal regulations imposing an administrative responsibility for violation of mandatory economic standards on a microfinance organization as a legal body that objectively creates a legal basis for an objective imputation contrary to the principle of the presumption of innocence. At the same time, an exception from the register of microfinance organizations, as an administrative and preventive measure, is imposed for violation of the production order of reporting documentation, which would be more logical to enter into a Special Part of the Code of the Russian Federation on Administrative Violations as an administrative offense.
Citations count: 1
Reference:
Lavrent'eva O.O. —
Control in the system of public service as means for fighting corruption.
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 4.
– P. 51 - 73.
DOI: 10.7256/2306-9945.2014.4.12224 URL: https://en.nbpublish.com/library_read_article.php?id=12224
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Abstract:
It is known that corruption has a negative influence upon the development of economy and social infrastructure, it corrodes the state government and administration bodies in the first place. Due to the corruption involving many state and public servants and officials the citizens are basically being pushed out the sphere of free-of-charge obligatory services in the spheres of education, healthcare, social gauarantees, free public educational, social and administrative services become paid services for them. 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.). For the control to be the efficient means for fighting corruption in the sphere of public service in the Russian Federation it is necessary for such control to become a constant activity of all of the state government bodies. It is necessary to form a specialized system of control involving all of the aspects of public civil service. It is necessary to make control accessible for the public, in addition, control as means of prevention and interception of corruption in the state service system should be based on the current legislation, excluding arbitrary activities of the controlling structures.
Citations count: 1
Reference:
Kurakin A.V., Karpukhin D.V. —
Prudential component of banking supervision
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 2.
– P. 10 - 19.
DOI: 10.7256/2306-9945.2017.2.22992 URL: https://en.nbpublish.com/library_read_article.php?id=22992
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Abstract:
The research subject is the range of current provisions of the federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and the subordinate statutory acts issued by the Bank of Russia, which govern prudential regulation in the banking sphere. The authors study theoretical and methodological approaches to the problem of prudential regulation formed in Russian jurisprudence. The specificity of these provisions consists in their technical legal character mediating economic indexes of the activity of lending institutions. The paper analyzes coercive measures imposed on lending institutions for the violation of prudential directions, which compose the actively forming institution of prudential supervision as a component of banking supervision. The research methodology is based on the set of various methods of scientific cognition. The authors apply theoretical philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, modeling); traditional methods of jurisprudence (formal logical, interpretation); the comparative method, which is used for the comparison of general legal categories and doctrinal views on the subject of the research. The authors conclude that there is a collision between the federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and the subordinate acts regulating the functioning of lending institutions. This collision consists in the fundamental differences in the normative interpretation of the essence of prudential provisions. At the level of the federal law, prudential provisions include economic indexes of the activities of lending institutions, while at the level of subordinate acts, they include the provisions establishing responsibility for the violation of the accounting procedure by lending institutions. The most important authors’ contribution is the study of doctrinal approaches to the prudential component of banking supervision and the analysis of normative regulation of economic indexes of banking at the level of subordinate acts issued by the Central Bank. The authors note the necessity to exclude formal violations, infringing the accounting procedure of lending institutions, from the list of prudential provisions, and to include them in the Administrative Offences Code of the Russian Federation. The scientific novelty of the study consists in the consideration of the problem of the formation of the institution of prudential supervision in the banking sphere, and in distinguishing between technical provisions, establishing economic indexes of the functioning of lending institutions, and formal violations, infringing the established accounting procedure of lending institutions within banking supervision.
Citations count: 1
Reference:
Agapov A.B. —
On the issue of public coercion in the Russian law.
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 7.
– P. 58 - 87.
DOI: 10.7256/2306-9945.2013.7.9922 URL: https://en.nbpublish.com/library_read_article.php?id=9922
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Abstract:
The article concerns current legal and organizational problems of implementation of administrative responsibility measures, and it is noted that the current legislation on administrative offence lacks the definition of administrative responsibility, which is not a positive thing. It is noted that the will of the legislator and public government to make administrative sanctions stricter shows the absence of political will for public sanation and dialog between the government representatives and civil society regarding disagreement to the current political course or constructive criticism of government. The scientific literature defines administrative responsibility as a measure of administrative coercion applied to natural persons and legal entities. The administrative responsibility measures are administrative punishments, including proprietary and non-proprietary limitations of rights, implemented in an established procedural order. The article provides detailed description of political and legal factors, defining in the sphere of public sanation and concentration of efforts of the government towards the universal socialization of social and political life.
Citations count: 1
Reference:
Sidorov E.T. —
Problems of use of combat and special purpose equipment by the units of the Ministry of Internal Affairs of the Russian Federation in counterterrorism operations
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 1.
– P. 17 - 28.
DOI: 10.7256/2306-9945.2017.1.21653 URL: https://en.nbpublish.com/library_read_article.php?id=21653
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Abstract:
The research subject includes the concept of administrative coercion in the context of a counterterrorism operation in respect of application of weapons and special equipment; compliance of the real capabilities of the participants of a counterterrorism operation with the practical demands; the requirements to combat and special purpose equipment used in antiterrorist activities. The research object consists of the patterns, being revealed during the development of the legal base for the production and application of combat and special purpose equipment by the units of internal affairs bodies and other federal executive bodies in the context of counterterrorism. The research methods include the method of comparative jurisprudence used for the estimation of the compliance of the capabilities of special purpose equipment with the modern demands. The scientific novelty of the study consists in the analysis of the conceptual framework, the proposals about the improvement of the legal framework of combat and special purpose equipment application, and the special requirements to combat and special purpose equipment. The author comes to the following conclusions: it is necessary to unify the legislation, to eliminate the existing contradictions between statutory instruments, and to form a unified conceptual framework.
Citations count: 1
Reference:
Vasileva E.A. —
Motivation in the system of public service in the Republic of Sakha (Yakutia): sociological analysis
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 4.
– P. 8 - 24.
DOI: 10.7256/2306-9945.2017.4.23384 URL: https://en.nbpublish.com/library_read_article.php?id=23384
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Abstract:
The research subject is value-normative structure of regional public servants defining their motivation, and its transformation in the process of restructuring, which had taken place in 2016. Within the framework of this study, motivation is understood as readiness to pursue working within the system of public service, career planning and work satisfaction. The author defines the following key motives: material, i.e. orientation to high income, social benefits and guarantees, career and status motives, employment stability and intensity of work. The research is based on the method of questionnaire survey. The author uses stratified quota sample of 274 respondents with confidence interval of 5.55% and confidence probability of 95%. The author concludes that the key motive, which determined public servants’ readiness to pursue working in executive authorities in 2016, was stability of employment, and after restructuring – material motives. Besides, the key factor, defining the appeal of public service as a place of employment, is career expectations and stability of employment. During restructuring, the motivation had decreased. As the key demotivators, respondents mention low incomes and increased intensity of work. The author also notes high correlation between work satisfaction and public service period. Financial gain, social status and psychological climate are also significant factors of motivation. It means that under the conditions of frustration, public servants seek for other incentives to pursue working for public service.
Citations count: 1
Reference:
Ageev V. —
Legal Measures and Mechanisms of Corruption Management
// NB: Administrative Law and Administration Practice.
– 2012. – ¹ 1.
– P. 112 - 134.
DOI: 10.7256/2306-9945.2012.1.410 URL: https://en.nbpublish.com/library_read_article.php?id=410
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Abstract:
The author of the article stresses out that corruptio management in the sphere of civil service is one of the core elements of the anti-corruption mechanism in general. The most efficient methods of corruption management are the legal methods. Anti-corruption laws in the sphere of civil service are aimed at strengthening restrictions for state authorities and upgrading of penalties and liabilities for corruption crime. The author also underlines the importance of preventive anti-corruption measures.
Citations count: 1
Reference:
Komakhin B.N. —
Administrative Regulation of Civil Servants' Activities in Terms of Innovation-Based Development
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 9.
– P. 79 - 87.
DOI: 10.7256/2306-9945.2013.9.9926 URL: https://en.nbpublish.com/library_read_article.php?id=9926
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Abstract:
The article is devoted to legal and organizational problems of improving activity of civil servants as a part of innovation-based development of the country under the conditions of modernization of the Russian economy. In this regard it is necessary to develop the legislation on public service. It is said that compliance to new conditions and requirements has become one of the central goals of reformation of public service today. It is noted that efficient administrative activities with personnel should be the most important principle of management. The important precondition of increase of efficiency of innovative activity in Russia is the implementation of the innovation policy by public service and officers of the executive authorities of the Russian Federation and its constituents. The list of measures which are realized according to Strategy of Innovative Development is provided. It is said that these measures involve efficient usage of the best international practices and experience in supporting innovation activities. Establishment of new structures on the basis of innovative legal relations of officers and their research is an objective goal for administrative and legal science.
Citations count: 1
Reference:
Kabanov P.A. —
Prosecutor supervision over formation and work of the the Commission on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of Interests Regulation
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 1.
– P. 1 - 9.
DOI: 10.7256/2306-9945.2014.1.11157 URL: https://en.nbpublish.com/library_read_article.php?id=11157
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Abstract:
Review: For the first time in Russian law the author provides analysis of the issues of prosecutor supervision over formation and work of the Commission on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of Interests Regulation. The author of the article provides a list of issues requiring prosecutor supervision and actions. It is noted in the article which issues should be paid attention in the course of prosecutor examination of the Commission activities. The author also provides the grounds for the hearing at the Commission, which should be directly referred to in the Provisions on the Commission. The hearing of the Commission should be regarded as lawful, if it took place in accordance with the requirements to quorum for the hearing and (or) for voting according to the Provisions on the Commission. The Provisions on the Commission and other normative legal acts provide for procedural periods for dealing with the materials brought to the Commission, and usually this is the period of 7 days, because it takes 7 days to prepare for the Commission hearing.
Citations count: 1
Reference:
Kostin S.G. —
Public opinion monitoring on the activity of the bodies of internal affairs for the purpose of formation positive image of a police officer
// NB: Administrative Law and Administration Practice.
– 2020. – ¹ 3.
– P. 11 - 16.
DOI: 10.7256/2306-9945.2020.3.34016 URL: https://en.nbpublish.com/library_read_article.php?id=34016
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Abstract:
The subject of this research is the criteria for extradepartmental assessment of police performance, and the mechanism for conducting public opinion monitoring. The goal consists in the analysis of the impact of public opinion upon the performance efficiency of the bodies of internal affairs, as well as in determination of the factors affecting the formation of positive image of a police officer. The application of systemic approach in the course of this research allowed outlining the group of factors that impact the effectiveness of the bodies of internal affairs. Structural-functional analysis was used for studying the role of public opinion, identification of its development trends and conditions for the purpose of improving performance efficiency of the bodies of internal affairs. It is noted that the results of studying public opinion are an essential criterion for assessing the work of law enforcement agencies along with determination of deficiencies in their work, as well as allow make organizational and administrative decisions for their elimination. The author substantiates the growing influence of public opinion upon the current socially-oriented model of state administration. The main conclusions of this research consist in the analysis of theoretical aspects of the impact of public opinion upon the operational police activity, as well as in proposal of recommendations on the forms of implementation of results of public opinion monitoring, which may enhance public confidence in the police, and form positive image of the employee of internal affairs agencies.
Citations count: 1
Reference:
Lin' D. —
Main trends in the field of protection of copyright and personal data in the Internet
// NB: Administrative Law and Administration Practice.
– 2020. – ¹ 1.
– P. 1 - 8.
DOI: 10.7256/2306-9945.2020.1.33149 URL: https://en.nbpublish.com/library_read_article.php?id=33149
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Abstract:
The author explores the key legislative innovations in the sphere of legal regulation of relations involving use of Internet. The subject of this research is the legal relations with the use of modern communication relations, as well as their legal regulation. Special attention is given to the protection of copyright and personal information of Internet users. The article examines the recent legislative acts aimed at protection of personal data and copyright involving use of the modern communication technologies. The author examines statistical data pertaining to the use of personal information and content falling within the copyright in the Internet. A conclusion is made that in the Russian legal field personal data are fully controlled by the government, but the “large user data” do not appear therein, and in essence, displayed in a “grey zone”. Latest changes in legislation indicate desire of the government for “digital registration” of the largest possible number of citizens, as well as de-anonymization of the Internet users. The novelty of this research consists in analysis of the most recent normative acts in the area of legal regulation of copyright, preservation and usage of personal data involving the modern information and communication technologies. The author criticizes the existing legislation in the area of legal regulation of information exchange in the Internet with regards to violation of citizens’ right to privacy.
Citations count: 1
Reference:
Pomelov K.P. —
Improvement of a municipal formation as an object of administrative and legal protection in the period from the formation of Russian statehood to the reforms of Peter the Great
// NB: Administrative Law and Administration Practice.
– 2024. – ¹ 1.
– P. 54 - 61.
DOI: 10.7256/2306-9945.2024.1.70196 EDN: UUJCWJ URL: https://en.nbpublish.com/library_read_article.php?id=70196
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Abstract:
The object of the study is such a concept as "landscaping", as well as its constituent elements at different stages of the development of the Russian state. In each of the periods of Russian history, the legislator determined in his own way what landscaping is, what measures to create a comfortable space for people's lives should be fixed in existing regulations, which bodies and organizations should be given powers of control and supervision in the sphere of public life in question, what specific powers (their nature and scope), as well as which sanctions for violations of the established requirements will be most commensurate with what has been done. In this regard, the interpretation of the concept of "landscaping", the selection of a definition that would be universal for all periods of the development of Russian statehood, is a controversial issue in modern science. Both general scientific and private scientific research methods were used in the preparation of the work. Thus, among the general scientific methods, analysis and synthesis were most widely used. Among the private scientific methods, the historical method is of key importance, since the subject of the study involves the study of different periods of the history of the Russian state, as well as the analysis of historical documents of the corresponding eras. In the course of the study, based on legislative acts of different eras, the constituent elements of the concept of "landscaping" inherent in a particular time are determined and a conclusion is formulated about the direct continuity of the development of this concept. As a result of the research, the author comes to the conclusion that in the early stages of the development of the Russian state, the era of Peter the Great is the most significant in the context of the development of landscaping as an object of administrative and legal protection. It was during this period that the elements of landscaping were isolated and legislatively fixed, as an activity that is provided by the state, administrative responsibility for many violations of the requirements for external landscaping of Russian cities was introduced for the first time, and the main vectors of further development in this area were laid and determined.
Citations count: 1
Reference:
Agamagomedova S. —
Customs Post-Control of Goods Containing Intellectual Property Items
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 2.
– P. 105 - 121.
DOI: 10.7256/2306-9945.2013.2.625 URL: https://en.nbpublish.com/library_read_article.php?id=625
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Abstract:
Today we are facing the growing importance of customs control of released goods. The Federal Customs Service defines the control of goods after their release or so called 'post-control' as one of the strategic activities of the Russian Federation customs authorities. Modernization of the system of customs control of goods after their release is aimed at achieving the balance between simplification of customs procedures that guarantee timely inflow of financial funds into the federal budget as well as prevention of violations in the sphere of customs. The author of the article views particular aspects of the control of goods after their release as part of the process of protection of intellectual property rights. The main problems in this sphere include a rather limited number of administrative sanctions applied on the basis of results of control of intellectual property items after their release as well as the length of such control. The author of the article makes a conclusion that customs control of intellectual property items after their release can be a very effective measure in terms of cooperative activities with other state authorities and interdepartmental interaction between customs authorities.
Citations count: 1
Reference:
Kalyuzhny Y.N. —
Current Issues of Legal Regulation of the Use of Particular Kinds of Electric Transport
// NB: Administrative Law and Administration Practice.
– 2019. – ¹ 5.
– P. 27 - 33.
DOI: 10.7256/2306-9945.2019.5.30729 URL: https://en.nbpublish.com/library_read_article.php?id=30729
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Abstract:
The subject of the research is the legal provisions and scientific information sources that regulate the use of blisks, Segways, and self-balancing scooters. The object of the research is the legal relations, phenomena and processes that arise in the process of using electronic transport by road users. As a result of analysis of legal acts and scientific literature, the author carries out a complex analysis of theoretical and legal aspects of the regulation of road traffic related to the use of particular kinds of electronic transport. Kalyuzhniy also outlines particular issues of the legal regulation of aforesaid sphere and offers a set of measures aimed at improvement of legal acts that regulate legal relations arising in the process of using blisks, Segways, self-balancing sectors and the like. The methodological basis of the research includes a set of general and specific research methods (formal law, analytical analysis and systems approach, analysis, synthesis, modelling, comparison, etc.). As a result, the author concludes that the development of technical means of transport and their active use, ambivalence of practical implementation of legal provisions regulating the procedure and conditions of road traffic demonstrate the need to clarify and detalize legal acts that regulate the use of blisks, Segways and self-balancing scooters. The novelty of the research is caused by the fact that the author carries out a complex analysis of theoretical and legal aspects that describe the process of using blisks, Segways, self-balancing scooters and the like, outlines controversial issues of the legal regulation and describes the main areas for improving the legal regulation of using electronic transport.
Citations count: 1
Reference:
Lin' D. —
Basis of legal regulation and Internet censorship in China
// NB: Administrative Law and Administration Practice.
– 2020. – ¹ 2.
– P. 1 - 9.
DOI: 10.7256/2306-9945.2020.2.33152 URL: https://en.nbpublish.com/library_read_article.php?id=33152
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Abstract:
This article examines the basis of legal regulation and Internet censorship in China. The genesis, development and relevant regulatory basis of legal regulation of Internet in China is examined. The author comes to the conclusion that on the one hand, Internet in China is subject to tight control due to the rapid development of technologies of observation and increase of police access to user data. Currently, China is one of the leaders in engineering and export of automated instruments for monitoring social networks. The citizens face restrictions based on the control of login accounts that give access to the Internet; blockchain apps and their developers are also subject to control and must provide registration of real names of the users; international corporations, such as Apple, Microsoft, Linkedin, are forced to bend to the demands of Chinese authorities and help to determine and punish the users who do not adhere to the censorship requirements in China. On the other hand, Chinese government makes everything possible for the large scale implementation of information technologies into socioeconomic life of the country, namely industrial and commercial sectors. Usage of internet in the sphere of sociopolitical life restricted, since China justifiably sees a threat to political stability and social security of the country.
Citations count: 1
Reference:
Kurakin A.V. —
Administrative legal aspects of legal responsibility within the mechanism of fighting corruption in public service in the Russian Federation.
// NB: Administrative Law and Administration Practice.
– 2013. – ¹ 7.
– P. 137 - 157.
DOI: 10.7256/2306-9945.2013.7.9954 URL: https://en.nbpublish.com/library_read_article.php?id=9954
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Abstract:
Currently most of official documents on social, economic, political development of state and fighting crime mention corruption. Special attention was paid to corruption in the Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation in 2012. However, the wide-spread discussion and condemnation of corruption, recognition of its negative influence on economics, entrepreneurship, development of investment process and social infrastructure of the state do not resolve the problem. The anti-corruption legislation did not bring expected results in the sphere of fighting corruption yet. According to the data of Transparency International Russia has 28 points in corruption assessment, and it had placed 133rd of 176. In the rating of the rule-of-law states formed by the World Justice Project Russia had 85th place out of 97. As the experts of the INDEM foundation note, corruption is a main and most dynamically growing sector of Russian economy, which chases any business starting from its registration to the takeover by officials or bankruptcy. The annual income from corruption was over two times larger than the summary income of export of raw old, oil products and gas. Corruption in Russia is regarded as a normal situation in the relations between citizens, business and state, rather than a deviation from moral and legal rules.
Citations count: 1
Reference:
Vinokurov A.Y. —
Security of professional activites of a lawyer.
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 2.
– P. 64 - 72.
DOI: 10.7256/2306-9945.2014.2.11189 URL: https://en.nbpublish.com/library_read_article.php?id=11189
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The article contains an attempt to introduce the term "professional security" as one of the types of security in human activities. It is stressed that lack of professionalism or anti-social views and positions of lawyers may be harmful to people, society and states, and the author discusses the possible ways to avoid it. According to the official data and the opinions of people most of the lawyers perform their professional duties at a high professional level, possess formidable moral quality and their authority is recognized by the people. The professional and moral qualities necessary for a lawyer can be gained in the process of studies and education of students in the higher professional education institutions. The conclusion is made that legal education should be profoundly modernized, and the negative elements serving as obstacles in its improvement should be eliminated. All of the practically tested forms and methods of teaching and education should be used to a full extent in order to improve professionalism of lawyers and improve the quality of their professional activities as one of the means of support of rule of law in the state and its regions.
Citations count: 1
Reference:
Fofanov A.N. —
State Defence Order as an Object of Administrative Protection
// NB: Administrative Law and Administration Practice.
– 2018. – ¹ 5.
– P. 32 - 37.
DOI: 10.7256/2306-9945.2018.5.24489 URL: https://en.nbpublish.com/library_read_article.php?id=24489
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Abstract:
The researcher describes the nature of state defence order that is performed for the purposes of national defence and security. Article 14.55 of the Administrative Offenses Code of the Russian Federation establishes the legal and adminitrative protection of state defence order. The researcher describes four kinds of administrative breach of state defence contract terms or terms of the contract that has been concluded for the purpose of performance of state defence order as well as relevant administrative sanctions. The researcher also analyzes legal precedents of applying Article 14.55 of the Administrative Offences Code of the Russian Federation. The methodological basis of the research includes the following methods: general research methods, multiple survey, systems analysis, and formal law method. The main conclusions of the research are the following: 1. In the Russian Federation, the shift from centralised methods of state mangement to decentralised contract-based market methods creates a number of new risks caused by improper performance of state defence order obligations. This circumstance creates the need to impose administrative responsibility for the breach of the state defence order terms or the terms of the contract that has been concluded for the purpose of performance of state defence order. 2. There have been many precedents of bringing to responsibility based on Article 14.55 of the Administrative Offences Code of the Russian Federation. 3. The need in administrative protection of state defence order is explained by the need in national defence and security.
Citations count: 1
Reference:
Berlizov M.P. —
Revisiting the Legal Technique in Preparation and Writing the Administrative Court Procedure Code of the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2019. – ¹ 4.
– P. 12 - 16.
DOI: 10.7256/2306-9945.2019.4.29936 URL: https://en.nbpublish.com/library_read_article.php?id=29936
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Abstract:
The subject of the study is the text of the Administrative Court Procedure Code of the Russian Federation, the correct implication of certain expressions, and logical sequence of its certain dispositions, as well as their comparison with other codes of judicial practice. The existence of inconsistencies within the framework of the code, as well as within its dispositions and other legal acts, is highlighted. Also, the case law regarding the regulation of such inconsistencies is presented. The author proposes the potential causes of such inconsistencies and gives recommendations for their elimination. The methodological basis of the research consists of a complex of general scientific methods such as deduction, analysis, and synthesis. Moreover, a comparative and law method and a method of systemic analysis are applied. The main finding of the conducted research is the demonstration of the importance of the legal technique in preparation and writing a legal act on the example of various dispositions of the Administrative Court Procedure Code of the Russian Federation. Along with that, the author emphasizes the potential causes promoted the appearance of the defects and the methods of their elimination, including the use of methods of equivalence, consistency, and unification.
Citations count: 1
Reference:
Ageev V. —
On the anti-corruption commission in the region of the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 5.
– P. 34 - 52.
DOI: 10.7256/2306-9945.2015.5.18041 URL: https://en.nbpublish.com/library_read_article.php?id=18041
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The research object includes the Model provisions on the anti-corruption commission in the region of the Russian Federation assented by the Presidential Decree of 15 July 2015 No 364 “On the Measures of Improving Anti-corruption Activities”. The research subject includes the Model Provisions on the anti-corruption commission in the region of the Russian Federation. The author considers the experience of the Republic of Tatarstan in establishing anti-corruption commissions. The research methodology comprises regulatory acts of the Russian Federation and its regions. The author applies general scientific and special research methods, such as formal-legal, comparative-legal and the method of interpreting legal provisions. The novelty of the study lies in the lack of works in this field. The author concludes that Presidential Decree of 15 July 2015 No 364 “On the Measures of Improving Anti-corruption Activities” is the element of the “vertical” in the anti-corruption system in the Russian Federation and its regions.
Citations count: 1
Reference:
Karpysheva Y.O. —
On the possibilities of using artificial intelligence and other technologies in the activities of the prosecutor for the supervision of the execution of laws
// NB: Administrative Law and Administration Practice.
– 2023. – ¹ 4.
– P. 15 - 23.
DOI: 10.7256/2306-9945.2023.4.68903 EDN: AMRCJU URL: https://en.nbpublish.com/library_read_article.php?id=68903
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Abstract:
The object of this study is a set of diverse social relations that are developing in the sphere of the Prosecutor's Office of the Russian Federation for the supervision of the execution of laws in the light of the development of digital technologies and their implementation in the activities of state and municipal bodies. The subject of the study is the problem of obtaining, processing and using information by the prosecutor necessary to achieve the goals set for him, in particular, the problem of finding the necessary information, which is often carried out manually, sampling from the data obtained those that are really needed for supervisory activities, and their further application. In the course of the study, the author came to the conclusion about the ongoing process of digitalization of the activities of the Prosecutor's Office of the Russian Federation, including the supervision of the execution of laws. At the same time, this process is not as dynamic as the needs of prosecutors to use a large amount of information in their activities. In this regard, it seems obvious that there is a need to introduce artificial intelligence into the activities of the prosecutor's office, which will allow searching and processing many times more information than is done by prosecutors, which will allow you to quickly obtain the necessary information on specific issues as a result of analyzing a larger number of information resources.
Citations count: 1
Reference:
Tsydypova E.S. —
Legal problems regarding qualification of violations of Law on Competition Protection in the Oil Products Market.
// NB: Administrative Law and Administration Practice.
– 2014. – ¹ 2.
– P. 19 - 39.
DOI: 10.7256/2306-9945.2014.2.11077 URL: https://en.nbpublish.com/library_read_article.php?id=11077
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Abstract:
The article concerns the problems of qualification of acts of economic subjects in violation of the Law on Competition Protection in the Oil Products Market. Based upon the analysis of judicial practice, and practice of anti-monopoly body the author stu dies the issues of qualification of acts of economic subjects in the wholesale and retail markets for oil products in the Republic of Buryatia on abuse of dominant position by creation of discriminatory conditions, violation of the prohibition for the coordinated actions limiting competition, and prohibition from bad faith competition. The author attempts to analyze substitution of the terms "coordinated acts" and "treaty". The methodological basis for the scientific work was formed by the methods of complex studies, interpretation of legal norms, logical, comparative legal method, generalization. The article provides conclusions on the possibility to amend the Law on Competition Protection in the Oil Products Market regarding dominant economic subjects, including the markets of the goods of same name and abusing this dominant position. The author studies the evidentiary problems of proving coordinated actions and bad faith competition based upon the materials of judicial practice.
Citations count: 1
Reference:
Korepina A.V. —
Administrative jurisdiction within administrative law
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 6.
– P. 38 - 43.
DOI: 10.7256/2306-9945.2015.6.18395 URL: https://en.nbpublish.com/library_read_article.php?id=18395
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Abstract:
The research subject covers administrative procedural rules regulating a special group of homogeneous social relations arising, transforming, and ceasing in the process of disposition of controversial administrative cases, and form an independent legal institution of administrative law – the institution of administrative jurisdiction. The research object includes the subject and the method of legal regulation of administrative jurisdiction, the system of subjects of this legal institution, the role of administrative jurisdiction within administrative law. The study is based on general scientific methods of analysis, synthesis, the system-structural, formal logical and other methods, and special scientific methods including the legal logical, comparative legal, the method of legal hermeneutics (interpretation), and the descriptive method of cognition. The author concludes that:
1) at present the science of administrative law doesn’t contain any single position on the concept of administrative jurisdiction; the author supposes that it would be more correct not to reduce administrative jurisdiction to only one form of administrative procedure – legal proceedings on administrative violations.
2) the unification of administrative-jurisdictional rules regulating legal proceedings on administrative violations, legal proceedings on complaints, disciplinary proceedings, and conciliation proceedings into a special legal institution is conditioned by the recent situation in social relations having common features and requiring a special administrative-legal impact
3) the institution of administrative jurisdiction has its subject and method of legal regulation, subject matter and structure.
The research novelty lies in the author’s definition of the concept of administrative jurisdiction as one of the main institutions of administrative law.
Citations count: 1
Reference:
Bratanovskii S.N., Lisitskaya A.V. —
Administrative and legal aspects of realization of the principles of state control over automobile transport in the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2017. – ¹ 3.
– P. 36 - 56.
DOI: 10.7256/2306-9945.2017.3.19843 URL: https://en.nbpublish.com/library_read_article.php?id=19843
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The research subject is the set of legal documents guaranteeing the implementation of principles of state control over automobile transport in the Russian Federation. The purpose of the research is to study the problems of the process of implementation and to develop administrative provisions, which can help solve these problems.
The authors analyze the concept of the principles of state control and describe their scientific classification. The authors consider each of the principles and characterize them. Special attention is given to the principle of the priority of life and health of the participants of road traffic over the economic results. The research is based on the methods of system analysis, the comparative-legal, formal-legal and other methods approved by modern jurisprudence. The authors conclude that the proposed administrative-legal measures aimed at the increase the effectiveness of passenger and cargo carriage can be integrated in the current state programs subject to appropriate financing. The scientific novelty of the study consists in the analysis of administrative and legal problems of state control over automobile transport and in the elaboration of proposals about their elimination.
Citations count: 1
Reference:
Kabanov P.A. —
Anti-corruption education in the territorial units of the Russian Federation: the experience of legal regulation of organization and the prospects of development
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 4.
– P. 35 - 55.
DOI: 10.7256/2306-9945.2016.4.19728 URL: https://en.nbpublish.com/library_read_article.php?id=19728
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Abstract:
The research subject is anti-corruption education as an instrument of combating corruption in the territorial units of the Russian Federation. The purpose of the research is the assessment of the condition of anti-corruption education in the territorial units of the Russian Federation and the development of proposals (recommendations) for the improvement of application of this instrument in anti-corruption activities of local authorities. The main tasks of the study are: a) the analysis of regional anti-corruption legislation and subordinate statutory instruments regulating the issues of organization and implementation of anti-corruption education; b) the assessment of regional statutory instruments regulating the issues of organization and implementation of anti-corruption education; c) the development of proposals for the improvement of legal regulation of the issues of organization and implementation of anti-corruption education and its practices. The research methodology includes dialectical materialism and general scientific methods of analysis, synthesis, grouping, comparison, and other methods used in legal sciences. The scientific novelty of the study consists in the fact that it is the first study in Russian legal science which considers the issues of legal regulation of anti-corruption education as an instrument of corruption prevention on the local level. The author detects the drawbacks of its legal regulation and organization of anti-corruption education and proposes the measures for the further development of the anti-corruption education institution.
Citations count: 1
Reference:
Gunba A.A. —
Regarding Extension of Terms of Bringing to Administrative Responsibility for Violation of the Contract System Law
// NB: Administrative Law and Administration Practice.
– 2019. – ¹ 1.
– P. 33 - 40.
DOI: 10.7256/2306-9945.2019.1.29085 URL: https://en.nbpublish.com/library_read_article.php?id=29085
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Abstract:
The aim of this research is to analyze existing laws and regulations applicable as the means of regulation of the contract system as well as experience in bringing customers to administrative responsibility for violations in the sphere of state and municipal procurement as well as development of recommendations on how to implement the aforesaid mechanism and to improve it. The object of the research is not only administrative responsiblity for committed violations in the sphere of procurement but the entire contract system as an organic whole where administrative responsibility is just one of the sides. To avoid incorrect interpretation of the law and administrative sanctions the research implies the use of such instruments as deduction, i.e. from theoretical provisions and practice in the sphere of procurement in general to particular terms of administrative responsibility. As a result of the research, the author discovers that the current legal basis that regulates the process of bringing to responsibility for violations in the sphere of state and municipal procurement is far from being perfect and quite often does not take into account the causes of such violations.
Citations count: 1
Reference:
Paukova Y.V. —
On the issue of the application of administrative expulsion, deportation and readmission of foreign citizens
// NB: Administrative Law and Administration Practice.
– 2022. – ¹ 2.
– P. 38 - 50.
DOI: 10.7256/2306-9945.2022.2.38235 URL: https://en.nbpublish.com/library_read_article.php?id=38235
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Abstract:
The article discusses one of the ways to counter illegal migration – the removal of foreign citizens and stateless persons from the territory of the country through the use of administrative expulsion from the Russian Federation, deportation and readmission. The subject is the consideration of the grounds for administrative expulsion, deportation and readmission from Russia to foreign citizens. The purpose of this article is to develop proposals for improving the grounds for the application of the considered types of removal of foreigners from the territory of the country. The methodological basis of the study is a combination of such research methods as formal-logical, comparison, system and complex analysis. Also, formal legal and comparative legal methods were used when writing the work. The reasons for the appointment of administrative expulsion (in the form of controlled self-departure and forced controlled movement across the State border of the Russian Federation), deportation and readmission of foreign citizens from Russia are analyzed. The results of the work can be used in the legislative activity of state bodies. The scientific novelty of the research lies in the author's vision of changing the grounds for making decisions on the removal of foreign citizens from the territory of Russia.
The author comes to the conclusion that it is necessary to correct the cases of self-departure and forced displacement of migrants when appointing administrative expulsion, to change the grounds for deportation, establishing its application to persons who have served a sentence for committing an intentional crime against life, health or public safety or who did not fulfill the decision on the undesirability of stay (residence) in Russia within the prescribed period, and also, to carry out the readmission of persons subject to administrative expulsion or deportation if it is necessary to establish their identity and citizenship or transfer them to the competent authorities of a foreign state.
Citations count: 1
Reference:
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.nbpublish.com/library_read_article.php?id=8840
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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.
Citations count: 1
Reference:
Kabanov P.A. —
Anti-corruption awareness: concept, content, conditions of formation
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 2.
– P. 38 - 54.
DOI: 10.7256/2306-9945.2016.2.18846 URL: https://en.nbpublish.com/library_read_article.php?id=18846
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Abstract:
The purpose of the research is to form the general idea of anti-corruption awareness, its content, the conditions of formation, and the measures of improvement. The research tasks are: the analysis of statutory acts of various levels (federal, regional, municipal, local) regulating the issues of formation of anti-corruption awareness of the population and various social groups; the development of scientific (doctrinal) legal definition of anti-corruption awareness; the disclosure of the legal essence of anti-corruption awareness as a form of anti-corruption activity; the detection of the main conditions of anti-corruption awareness formation; the disclosure of obstacles to the formation of anti-corruption awareness; the formulation of measures of anti-corruption awareness provision. The research methodology is based on dialectical materialism and the related general scientific methods of cognition: analysis, synthesis, comparison, and other methods used in the contemporary legal science. The author formulates the legal definition of anti-corruption awareness, defines its forms and the conditions of its formation, reveals the main obstacles to its formation, and offers the particular methods of anti-corruption awareness provision in the contemporary Russian society.
Citations count: 1
Reference:
Karpukhin D.V. —
Legal fictions in the Administrative Procedure Rules of the Russian Federation
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 6.
– P. 49 - 57.
DOI: 10.7256/2306-9945.2016.6.20596 URL: https://en.nbpublish.com/library_read_article.php?id=20596
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Abstract:
The research subject is the current provisions of the Administrative Procedure Rules of the Russian Federation, establishing legal fictions – the deliberately formulated incontestable assertions that may not correspond to the facts and are contained in imperative regulations for the purpose of the achievement or avoidance of particular legal consequences. The specific legal peculiarity of administrative procedural fictions is their relative, alternative character, consisting in the possibility of judicial discretion – admission or non-admission of legal consequences, conditioned by the actual or accomplished legal fact in the formulated normative models of fictions. The considered administrative procedural fictions are not the fundamental novels of Russian legislation, since they are borrowed from arbitration procedural legislation and civil procedural legislation. The research methodology is based on the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical and interpretative methods, used for the analysis of the particular content of legal regulations); the comparative method, used for the comparison on general legal categories. The author concludes that administrative and procedural fictions have particular features, reflected in judicial discretion, which can be expressed in the admission or non-admission of legal consequences, conditioned by the legal fact, mentioned in the administrative and procedural fiction. But the very judicial discretion contains the potential danger of negative legal consequences, caused by a subjective judges’ mistake. The author studies the correlation of two general legal categories of “legal risks” and “legal fictions” in the context of administrative-procedural relations. The author notes the close interrelation between these definitions, which is reflected in the process of normative modeling of legal directions, regulating administrative process. The novelty of the work consists in the consideration of the problem of legal fictions, formulated in the Administrative Procedure Rules of the Russian Federation, which came into force in 2015, and the study of their specific peculiarities.
Citations count: 1
Reference:
Manin I. —
Legal regime of subsoil use in Indonesia
// NB: Administrative Law and Administration Practice.
– 2021. – ¹ 4.
– P. 19 - 36.
DOI: 10.7256/2306-9945.2021.4.37296 URL: https://en.nbpublish.com/library_read_article.php?id=37296
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Abstract:
The object of this research is the mining relations in the Sunda Islands of the Malay Archipelago. Analysis is conducted on the normative legal regulation of subsoil use in the Republic of Indonesia, the regime of which is uniform for subsoil zones located on island and offshore territories within Indonesian jurisdiction, but is differentiated depending on the type of mineral resources. The author meticulously examines the state mechanism of management of mining industry, placing emphasis on the role of the municipal authorities. The article examines the content of Indonesian mining and environmental laws that are the main subject of research, governmental acts, and doctrinal sources. The material contains the information on the licensing of subsoil use in Indonesia, including the recent changes therein requirements introduced in 2021. The relevance of this research lies in consideration of the existing legal problems pertaining to subsoil use in Indonesia, representations on the modern system and structure of state administration in this sphere, need of the Russian miners involved in construction of nickel clusters in the Republic of Indonesia, legal support of their business, need for the promotion of Russia’s interests in Southeast Asia. The scientific novelty consists in provision of the fundamentally new information on the subject matter, namely with regards to the licensing of subsoil use and foreign investment, as well as in formulation of conclusions, including on the basis of previously known data. The author indicates the possibility of using the Indonesian interpretation of the “residual principle” for the normative legal regulation of the Russian subsoil use.
Citations count: 1
Reference:
Gryaznova E.V. —
Education management at the municipal level: problems and prospects
// NB: Administrative Law and Administration Practice.
– 2015. – ¹ 6.
– P. 10 - 21.
DOI: 10.7256/2306-9945.2015.6.18435 URL: https://en.nbpublish.com/library_read_article.php?id=18435
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Abstract:
The subject of the research is the analysis of problems and prospects of education management development at the municipal level. The object of the study is education management at the municipal level. The author considers the modern principles and the normative base of education management in municipalities. Special attention is paid to examining the trends in education management and the challenges faced by municipalities in the information society and in the process of transition to the system of "electronic state". The material can be used for updating the courses on the "Municipal management" subject. The main research methods are the method of analysis, generalization, processing of statistical data, the method of analysis of normative-legal documentation. The main conclusions of the research are:1. The study of the modern trends of municipal education management development shows that the optimization process of the education system is based on informatization thus requiring the change of the management principles. At the municipal level, these changes are not implemented effectively.2. The main reason for this situation is not only the imperfection of the legislative base and economic inequality of municipalities, but also a low level of information culture of this social institution.
Citations count: 1
Reference:
Polukarov A.V. —
Administrative and legal anti-corruption instruments of the non-public sector of social services
// NB: Administrative Law and Administration Practice.
– 2016. – ¹ 6.
– P. 14 - 27.
DOI: 10.7256/2306-9945.2016.6.19772 URL: https://en.nbpublish.com/library_read_article.php?id=19772
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Abstract:
The research subject is the problem of application of administrative and legal anti-corruption instruments in the non-public sector of the social sphere and social services. The problem is conditioned by legal and organizational issues, typical for the process of implementation of anti-corruption legislation within the social relations system. The topicality of the problem is conditioned by the fact that anti-corruption issues are especially important in the social sphere, since it has an impact on the quality and expectancy of life. The author substantiates the necessity to improve the efficiency of application of administrative and legal anti-corruption instruments in the social sphere. Based on the research, the author suggests improving anti-corruption mechanisms in the non-public regulation of the social sphere. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative and legal anti-corruption instruments in the social sphere. The author states the necessity to improve anti-corruption measures in the social sphere.
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