Reference:
Sabinin A.A..
On the possibility of acquisition of income in form of donations by internal affairs officers through online electronic resources
// NB: Administrative Law and Administration Practice.
2021. № 1.
P. 59-68.
DOI: 10.7256/2306-9945.2021.1.35369 URL: https://en.nbpublish.com/library_read_article.php?id=35369
Abstract:
The object of this research is the system of social relations in the sphere of posting information on the Internet. The subject of this research is the social relations that arise in the context when the internal affairs officer gets paid for posting Internet content. The goal of this work is determine the legitimacy of receiving a monetary reward by the internal affairs officer for posting information on the Internet. The author examines the concept of “donation” and its legal nature, correlated the acquisition of such income and administrative-legal prohibitions imposed on the internal affairs officer. The conclusion is made on the possibility of manifestations of corruption if an employee of the internal affairs bodies receives donations on the Internet. A solution is offered on the improvement of the legal mechanism of such social relations from the perspective of anti-corruption legislation. The novelty of this work is defined by need to improve the legal mechanism for regulating these social relations, as well as in limited number of scientific publications on the topic. The conclusion is made that a volunteer transfer of funds from one Internet user (private entity) to another (private entity), a gratitude for posted information, or for the purpose of development and improvement of activity of the author of the Internet content by online means, should be regarded as donation agreement. The acquisition of income by the internal affairs officer in form of donation for posting information on the Internet that is not related to his official duties is admissible, however contains significant corruption risks. It is essential to revise the normative legal acts with regards to corruption standards of the internal affairs officer for improving the effectiveness of legislation in the sphere of corruption prevention.
Keywords:
Internet, cash reward, donation, anti-corruption standard, corruption manifestations, corruption, income, police, police officer, anti-corruption measures
Reference:
Bakhtina M.S..
To the question on conducting anti-corruption examination of normative legal acts using a mathematical model
// NB: Administrative Law and Administration Practice.
2020. № 2.
P. 38-46.
DOI: 10.7256/2306-9945.2020.2.33321 URL: https://en.nbpublish.com/library_read_article.php?id=33321
Abstract:
This article considers the possibility of conducting anti-corruption examination using fuzzy mathematical modeling. The author substantiates the characteristics of propensity for corruption of laws, for which is obtained functional dependency on the types and number of corruptiogenic based on the fuzzy conclusion. Predictive anti-corruption valuation should be based on certain criteria, which are currently absent and replaced by the professional knowledge, experience and competences of the expert. Attention is given to the method of expert research using mathematical models of fuzzy sets. The problems dealt with in jurisprudence fully correspond to the theory of fuzzy sets by physical content, specificity of source data, nature of data, and solution methods. Application of this model, including by state and municipal executive branches, would allow to significantly reduce the timeframe of conducting anti-corruption examination, lower labor costs and probability of expert error, unify the results of anti-corruption examination, and classify normative legal acts depending on the category of corruption risk for further tasks. The absence of scientific developments in this field impedes the implementation of advanced information technologies in legal science and practice. This method allows to make greater use of modern achievements in allied fields, first and foremost, in computer technology.
Keywords:
mathematical model, indistinct conclusion, indistinct modeling, predictive approach, probabilistic approach, corruption risk, corruption factor, anti-corruption examination, mathematical apparatus, information technologies
Reference:
Polukarov A.V..
The Model of Corruption in the Administrative and Legal Regulation of Social Sphere
// NB: Administrative Law and Administration Practice.
2018. № 4.
P. 24-31.
DOI: 10.7256/2306-9945.2018.4.18773 URL: https://en.nbpublish.com/library_read_article.php?id=18773
Abstract:
In his article Polukarov notes that corruption in the social sphere is of particular concern because it encroaches on public relations protecting the foundations of the social sphere of society, in particular, to protect the citizens including those in difficult life situation, children, the disabled, and health care. The author substantiates the need to strengthen all legal measures of counteraction of corruption in the implementation of the national plan of counteraction of corruption. Available in all compositions of corruption offenses and crimes must be added the qualification: "The same act committed in the social field" that will promote more effective fight against corruption in the specified area, and strengthen the preventive function of law. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study the authro has used theoretical and general philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), and traditional legal methods (formal logical) and the methods used in specific sociological studies (statistical, expert evaluation, etc.). The main conclusion of the research is that at present to ensure law and order in the social sphere it is necessary to improve forms and methods of combating corruption. The main contribution made by the authors in this article is the necessity of development of legal regulation of countering corruption. The novelty of the article is caused by the development of proposals for the development of forms and methods of regulation of countering corruption in the social sphere and the creation of legal and institutional guarantees of legality in the social sphere.
Keywords:
state, sphere, composition, subject, crime, punishment, offence, corruption, tort, citizen
Reference:
Ron'zhina O.V..
The Procedure Used by the Deputy of the Municipality Representative Body about the Conflict of Interest
// NB: Administrative Law and Administration Practice.
2018. № 3.
P. 21-28.
DOI: 10.7256/2306-9945.2018.3.27376 URL: https://en.nbpublish.com/library_read_article.php?id=27376
Abstract:
When implementing a new legislative institution of conflict of interest in the activities of a deputy of a representative body of a municipality, problems arose due to the lack of formal certainty in the Russian legal system in the procedure for a deputy to notify him of a personal interest that may affect his exercise of authority. The peculiarities of the status of a deputy, the specificity of the law-making activity being carried out cause the emergence of differences between the institution for settling the conflict of interests of a representative of a representative body, including in terms of the procedure from such an institution in the state (municipal) service. The subject of the research is the regulatory legal acts regulating the procedure for the deputies to perform the representative body of the municipality to notify about the occurrence of a conflict of interest. Emphasis is placed on the analysis of possible options for notification procedures, determined by the differentiation of parliamentary activities. The factors subject to consideration when determining the subject of notification and resolution of a conflict of interest of a deputy are subject to investigation. The dialectic method of cognition was used as well as the system-structural, formal-logical and other methods of scientific knowledge. The study made it possible to conclude that the absence at the federal level of legal regulation of the general provisions of the procedure for notifying a representative of a municipal body of a personal interest at a federal level reduces the effectiveness of anti-corruption activities, and also creates legal risks of political extra-legal influence on a deputy carrying out representation interests of their voters. Therefore, it is proposed to empower the regional legislator to determine the basic principles in accordance with which the procedure for notification of a conflict of interest by a deputy of a representative body of a municipality should be established in municipal legal acts.
Keywords:
procedure of informing, conflict of interest, local self-government, municipality, deputy of the representative body, prevention of corruption, corruption, struggle against corruption, legal responsibility, public administration
Reference:
Damm I.A..
Corruptive Tutoring and Prevention Thereof
// NB: Administrative Law and Administration Practice.
2018. № 1.
P. 24-32.
DOI: 10.7256/2306-9945.2018.1.26070 URL: https://en.nbpublish.com/library_read_article.php?id=26070
Abstract:
Most of participants in the educational relations take a number of educational traditions as a norm, however, some of them are of a corruptive nature. The present article is devoted to particularities of corruptive tutoring as well as the main preventive measures that can be undertaken. Based on the analysis of related laws and regulations, the author of the article differentiates between legal and illegal tutoring. Damm pays special attention to typical features of corruptive tutoring and what makes it different from other unlawful acts. The author gives examples of bringing to criminal liability for corruptive tutoring in the most dangerous forms thereof. In the course of the research the author uses the dialectical research method, structured system approach, formal logical and other research methods. The analysis carried out allows the author to give a definition of corruptive tutoring and describe the most typical features, forms and kinds of corruptive tutoring. The results of the analysis of laws and local acts of education organisations of different kind demonstrate that certain measures to prevent corruptive tutoring are undertaken yet not systemic.
Keywords:
educational organizations, restrictions, prohibitions, duties, standards of conduct, education, prevention, conflict of interests, tutoring, corruption
Reference:
Polukarov A.V..
Forms of corruption offences at the municipal level of administrative regulation of the social sphere
// NB: Administrative Law and Administration Practice.
2016. № 5.
P. 39-52.
DOI: 10.7256/2306-9945.2016.5.19717 URL: https://en.nbpublish.com/library_read_article.php?id=19717
Abstract:
The research subject is the problem of application of administrative anti-corruption measures at the municipal level of regulation of the social sphere. This problem is caused by legal and organizational problems, occurring during the implementation of anti-corruption legislation at the municipal level of regulation of social relations. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests to improve anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.
Keywords:
level, municipal, prevention, service, regulation, corruption, sphere, responsibility, bribe, administration
Reference:
Polukarov A.V..
On the issue of the improvement of administrative measures of combating corruption in the social sphere
// NB: Administrative Law and Administration Practice.
2016. № 4.
P. 22-34.
DOI: 10.7256/2306-9945.2016.4.18950 URL: https://en.nbpublish.com/library_read_article.php?id=18950
Abstract:
The research subject is legal regulation of the improvement of combating corruption in the social sphere. The topicality of this issue can be explained by the fact that at present corruption in the social sphere causes special concerns, since in this sphere it infringes on social relations protecting the fundamentals of the social sphere of the society. In particular, it is about the protection of citizens in difficult situation, children, disabled people, and the issues of health. The author substantiates the necessity to strengthen combating corruption and implementation of the combating corruption national plan by all administrative means. The author suggests developing the monitoring of implementation of the regulation on combating corruption, thus increasing the effectiveness of combating corruption in this sphere and strengthening the preventive function of administrative law. The research methodology is based on the recent 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 research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of information support of combating corruption in the social sphere and the control over property of the social sector employees. The author asserts that it is necessary to develop legal regulation of combating corruption. The scientific novelty of the study consists in the proposals about the development of forms and methods of combating corruption in the social sphere.
Keywords:
law, instrument, bribery, regulation, combating, corruption, culture, education, public health, responsibility
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. № 4.
P. 35-55.
DOI: 10.7256/2306-9945.2016.4.19728 URL: https://en.nbpublish.com/library_read_article.php?id=19728
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.
Keywords:
anti-corruption legislation, anti-corruption informing, legal regulation, anti-corruption consulting, anti-corruption education, anti-corruption policy, corruption prevention, Corruption, anti-corruption behavior, anti-corruption activities
Reference:
Kabanov P.A..
Anti-corruption awareness: concept, content, conditions of formation
// NB: Administrative Law and Administration Practice.
2016. № 2.
P. 38-54.
DOI: 10.7256/2306-9945.2016.2.18846 URL: https://en.nbpublish.com/library_read_article.php?id=18846
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.
Keywords:
anti-corruption behavior, anti-corruption legislation, anti-corruption awareness, anti-corruption campaign, anti-corruption consulting, anti-corruption education, anti-corruption policy, anti-corruption, Corruption, anti-corruption activities
Reference:
Polukarov A.V..
Administrative-legal regulation of anti-corruption monitoring in the social sphere in the Russian Federation
// NB: Administrative Law and Administration Practice.
2016. № 2.
P. 55-62.
DOI: 10.7256/2306-9945.2016.2.18865 URL: https://en.nbpublish.com/library_read_article.php?id=18865
Abstract:
The research subject is legal regulation of anti-corruption monitoring in the social sphere. The topicality of this problem is determined by the fact that nowadays corruption in the social sphere arouses particular concern, since it threatens social relations protecting the fundamentals of the social sphere of the society, in particular, the protection of citizens, including those in need, children, and physically challenged persons, and the protection of health. The author substantiates the necessity to enhance by all legal means struggle against corruption in the implementation of the national anti-corruption plan. The author suggests developing the monitoring of anti-corruption legislation implementation thus stimulating a more effective struggle against corruption in this sphere and enhancing the preventive function of administrative law. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the forms and methods of anti-corruption monitoring. The author states that it is necessary to develop legal regulation of struggle against corruption and offers the ways of development of forms and methods of anti-corruption monitoring and guaranteeing legality in the social sphere.
Keywords:
corruptionist, regulation, social, sphere, corruption, law enforcement, monitoring, responsibility, plan, strategy
Reference:
Ivanova V.G..
Anti-corruption Monitoring as a Legal Category of Regional Anti-corruption Legislation: Concept, Content, and Role
// NB: Administrative Law and Administration Practice.
2016. № 1.
P. 48-76.
DOI: 10.7256/2306-9945.2016.1.18677 URL: https://en.nbpublish.com/library_read_article.php?id=18677
Abstract:
The research subject covers the statutory instruments of the Russian Federation regulating the problems of organization and realization of anti-corruption monitoring. The research purpose is the characteristics and the analysis of anti-corruption monitoring as an anti-corruption instrument. The research tasks are: to analyze the maximum number of regional statutory instruments containing the description of the anti-corruption monitoring idea; to reveal the similar wordings; to develop the proposals about formulating a legal definition of anti-corruption monitoring as a universal legal category. The research methodology is based on the universal dialectical approach to the study of social phenomena and processes, and the related general scientific methods – analysis and comparison, widely applied in the Russian legal science. The scientific novelty of the study lies in the analysis of legal regulation of anti-corruption monitoring in the regions of the Russian Federation. The author defines institutional subjects involved in anti-corruption monitoring realization. The author formulates the characteristics and carries out the analysis of legal approaches to the concept of “anti-corruption monitoring” in the current anti-corruption legislation of the regions of the Russian Federation, leading to the understanding and interpretation of the role of anti-corruption monitoring, which is reasonable, since anti-corruption monitoring is considered from various positions on the base of different aims, directions, features, forms, and types.
Keywords:
anti-corruption informing, legal regulation, anti-corruption monitoring, fight against corruption, anti-corruption policy, corruption prevention, Corruption, anti-corruption legislation, anti-corruption behavior, corruption prevention effectiveness
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. № 6.
P. 44-63.
DOI: 10.7256/2306-9945.2015.6.18409 URL: https://en.nbpublish.com/library_read_article.php?id=18409
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”.
Keywords:
anti-corruption legislation, anti-corruption worldview, anti-corruption informing, report, anti-corruption education, anti-corruption policy, anti-corruption, Corruption, anti-corruption behavior, anti-corruption activity
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. № 5.
P. 37-48.
DOI: 10.7256/2306-9945.2014.5.12681 URL: https://en.nbpublish.com/library_read_article.php?id=12681
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.
Keywords:
corruption, struggle against corruption, anti-corruption body, combating corruption, anti-corruption policy, legal regulation, expert council, anti-corruption legislation, expert activity, combating corruption efficiency
Reference:
But S.S..
Administrative legal means for fighting corruption in the customs bodies.
// NB: Administrative Law and Administration Practice.
2014. № 4.
P. 40-50.
DOI: 10.7256/2306-9945.2014.4.12221 URL: https://en.nbpublish.com/library_read_article.php?id=12221
Abstract:
The article points out topicality of the problems regarding fighting corruption offences. The author especially points out the public danger of corruption offences in the customs bodies of the Russian Federation, providing delictological, social and legal characteristics of corruption, providing a legal definition. The author discusses topical issues and modern administrative legal mechanisms for fighting corruption within the system of state service of the Russian Federation. The author analyzes the administrative legal norms of anti-corruption legislation, which are formed in accordance with the modern legislative tendencies. The author then makes a conclusion that criminal law methods alone are not sufficient for the efficient fight against the corruption offences. The author evaluates the perspectives of implementation of administrative law norms in the sphere of fighting corruption in the customs bodies of the Russian Federation. In the course of the research the author makes a conclusion on the formation of the system of administrative legal norms in the sphere of fighting corruption. The article contains analysis of some federal laws and decrees of the President of the Russian Federation containing anti-corruption norms. The author proposes to develop the provisions of federal anti-corruption legislation in the departmental legal acts.
Keywords:
fighting corruption, executive government bodies, administrative law, customs bodies of the Russian Federation, practice of criminal punishments, prevention of corruption, corruption, administrative legal means, corruption offence, legislation
Reference:
Lavrent'eva O.O..
Control in the system of public service as means for fighting corruption.
// NB: Administrative Law and Administration Practice.
2014. № 4.
P. 51-73.
DOI: 10.7256/2306-9945.2014.4.12224 URL: https://en.nbpublish.com/library_read_article.php?id=12224
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.
Keywords:
official, fight, risk, harm, servant, service, counteraction, corruption, control, standard
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. № 3.
P. 61-71.
DOI: 10.7256/2306-9945.2014.3.12055 URL: https://en.nbpublish.com/library_read_article.php?id=12055
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.
Keywords:
corruption, fighting corruption, anti-corruption expertise, corruption-generating factor, linguistic uncertainty, legal regulation, anti-corruption policy, expert activity, expert practice, anti-corruption activity
Reference:
Slepkova O.A..
Definition and specific features of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation.
// NB: Administrative Law and Administration Practice.
2014. № 2.
P. 73-84.
DOI: 10.7256/2306-9945.2014.2.10998 URL: https://en.nbpublish.com/library_read_article.php?id=10998
Abstract:
The article concerns specific features of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation. Anti-corruption expertise of normative legal acts and drafts of normative legal acts serves as the mechanism for the improvement of quality of legislation, it facilitates abolishment of legislative defects, which may cause corruption offences. It is noted that the quality of legal act is significantlly dependent upon the efficiency of the anti-corruption expertise, and so is its role as a regulator of social relations, and application of the mechanism of anti-corruption expertise at the stage of drafting of a normative legal act is significant. Topicality of this issue is due to it being a topic of much discussion and lack of relevant studies within the theory of administrative law. The author analyzes various views of scientists on defining anti-corruption expertise of normative legal acts and drafts of normative legal acts. The author singles out characteristic features of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation. Based upon her study the author offers her own definition of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation.
Keywords:
fighting corruption, anti-corruption expertise, legal nature, definition, specific features, the Federal Customs Service of the Russian Federat, customs bodies, fight, offences, prophylactics
Reference:
Kurakin A.V..
International and administrative law and fighting corruption within the system of public civil service.
// NB: Administrative Law and Administration Practice.
2014. № 1.
P. 53-81.
DOI: 10.7256/2306-9945.2014.1.11051 URL: https://en.nbpublish.com/library_read_article.php?id=11051
Abstract:
In the modern social, economic and political situation, the Russian Federation is now facing many threats and challenges. One of the problems, which forms a significant obstacle in the way of many public reforms, violates rights and lawful interests of natural persons and legal entities interacting with the government administration bodies is the corruption. This problem influenced the public interests throughout the history of development of human civilization and statehood. Due to corruption many empires have fallen and the fundamentals of state sovereignty of many states were undermined, great moral and material damage was caused. That is why for the sake of its own survival the state government has to fight this negative social and legal matter, which undermines its fundamentals and makes the system of state administration inefficient. It is noted in the article that the membership of the Russian Federation in the number of international organizations puts on it many international legal obligations, including those in the sphere of fighting corruption in the public service system.
Keywords:
corruption, counteraction, service, system, official, administrative law, regulation, influence, ethics, standard
Reference:
Kostennikov M.V..
On the issue of fighting corruption in police.
// NB: Administrative Law and Administration Practice.
2013. № 12.
P. 66-73.
DOI: 10.7256/2306-9945.2013.12.1070 URL: https://en.nbpublish.com/library_read_article.php?id=10700
Abstract:
The article discusses organization measures regarding fighting corruption in the service activities of the police officers. The authors offer measures in order to minimize the corruption offences within the state administration system. It is stated that corruption in the activities of the internal affairs bodies facilitates the development of organized crime, forms the basis for development of extremism and terrorism, complicates public state reforms, which are currently ongoing in Russia. The authors single out a number of offences, forming preconditions for corruption in the police. The authors also single out a number of factors provoking corruption processes in the internal affairs bodies, as well as in other executive bodies. It is noted that corruption may manifest itself with the violations of financial, information, and administrative law. The authors offer some tactical actions, aimed at the weakening the corruption threat in the internal affairs bodies. The conclusion is made that complex use of all of the measures against the corrosive influence of corruption in the internal affairs bodies may considerably ease the situation, which is currently becoming more and more threatening.
Keywords:
corruption, internal affairs bodies, police, counteraction, state service, corruption risk, responsibility, executive body, administrative legal means, state administration
Reference:
Kostennikov M.V., Kurakin A.V., Kalita I.A..
Public Prosecution Office and Anti-Corruption Enforcement
// NB: Administrative Law and Administration Practice.
2013. № 10.
P. 166-186.
DOI: 10.7256/2306-9945.2013.10.9929 URL: https://en.nbpublish.com/library_read_article.php?id=9929
Abstract:
The authors of the article study legal and organizational problems of anti-corruption enforcement conducted by the public prosecution office. They view forms and methods of anti-corruption enforcement carried out by the public prosecution authorities and describe peculiarities of prosecution activities in this sphere. It is said that in order to increase efficiency of anti-corruption measures it is necessary to expand the official definition of corrupion so that it includes a whole range of acts related to violation of ethics of official behavior and staff protectionism. The authors suggest to establish special anti-corruption prosecution offices. When conducting prosecutor's supervision over fulfilment of legal anti-corruption requirements, special attention should be paid at obligation of state and municipal officers to inform the employer, prosecution office or other authorities when other persons try to pursuade them to commit acts of corruption. Based on the analysis of peculiarities of prosecution office activities, the authors of the article provide suggestions on how to improve anti-corruption legislation.
Keywords:
public prosection office, supervision, anti-corruption, corruption, organization, authority, violation of law, expertise, reform, opposition
Reference:
Komakhin B.N..
Administrative Regulation of Civil Servants' Activities in Terms of Innovation-Based Development
// NB: Administrative Law and Administration Practice.
2013. № 9.
P. 79-87.
DOI: 10.7256/2306-9945.2013.9.9926 URL: https://en.nbpublish.com/library_read_article.php?id=9926
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.
Keywords:
service, officer, official, innovation, development, science, government, modernization, staff (personnel), activity
Reference:
But S.S..
The System of Anti-Corruption Measures of Administrative Law at Customs Authorities of the Russian Federation
// NB: Administrative Law and Administration Practice.
2013. № 9.
P. 88-98.
DOI: 10.7256/2306-9945.2013.9.10137 URL: https://en.nbpublish.com/library_read_article.php?id=10137
Abstract:
The author of the article underlines importance of problems of counteraction to corruption offenses. Public danger of corruption offenses in customs authorities of the Russian Federation is especially emphasized. The delictological, social and legal description of corruption is given, the legal definition is used. Topical issues and modern administrative legal mechanisms of counteraction of corruption in the system of public service of the Russian Federation are considered. The administrative rules of law of anti-corruption character caused by current legislative trends are analyzed. The author of article draws a conclusion about insufficiency of criminal and legal methods for effective counteraction to corruption offenses. Prospects of right application of administrative rules of law in the sphere of counteraction of corruption in customs authorities of the Russian Federation are estimated. During work the conclusion about formation of system of administrative rules of law in the sphere of counteraction of corruption is drawn. The analysis of some federal laws and decrees of the President of the Russian Federation containing standards of anti-corruption nature is made. Development of provisions of the federal anti-corruption legislation in departmental regulations is offered.
Keywords:
anti-corruption measures, executive authorities, administrative law, customs authorities of the Russian Federation, criminal penalties, prevention of corruption, corruption offence, corruption, measures of administrative law, legislation
Reference:
Nekrasova T.A..
Legal regulation of fighting corruption in the private sphere.
// NB: Administrative Law and Administration Practice.
2013. № 8.
P. 106-125.
DOI: 10.7256/2306-9945.2013.8.9928 URL: https://en.nbpublish.com/library_read_article.php?id=9928
Abstract:
The article concerns criminal and near-criminal spheres of corruption manifestations in the private law sphere. The author provides the typology of corruption acts and delicts in the private law sector and analyzes their consequences. The author also analyzes the social legal nature of corruption in the private law sphere. She evaluates historic roots, which have caused a gap in the law-enforcement approaches towards fighting corruption in public and private spheres. The author notes many disproportions in legislative and law-enforcement approaches in private and public spheres. She also defines the sphere of manifestation of corruption in private sector, providing corruptive schemes, which the business uses to guarantee profits and development. She evaluates the methods of bad faith business acts in the sphere of order placement, licensing and other permissive procedures. The author also describes the unlawful relations with the representatives of business structures and corporate raiding. The article also contains analysis of corruption inside companies - in the sphere of placement of orders and cadres, the author describes the forms of corruption interaction of representatives of public government and business. Based upon the studies, the author makes propositions for the amendments into the current legislation.
Keywords:
corruption, private law sphere, consequences of corruption, typology of corruption delicts, prohibition, limitation, control, regulation, business structure, legislation
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. № 7.
P. 137-157.
DOI: 10.7256/2306-9945.2013.7.9954 URL: https://en.nbpublish.com/library_read_article.php?id=9954
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.
Keywords:
corruption, fight, counteraction, responsibility, control, regulation, damage, compensation, collection, reprimand
Reference:
Kabanov P.A..
Anti-corruption monitoring in a municipal unit: legal regulation, organization and implementation.
// NB: Administrative Law and Administration Practice.
2013. № 6.
P. 44-53.
DOI: 10.7256/2306-9945.2013.6.9016 URL: https://en.nbpublish.com/library_read_article.php?id=9016
Abstract:
The author employs comparative legal method in order to study the topical issues of legal regulation, organization and implementation (performance) of anti-corruption monitoring in municipal units of the constituent subjects of the Russian Federation. As a result of the study it was established that in most of the municipal units there are no fundamentals for the legal regulation of anti-corruption monitoring at a municipal level, providing for clear descriptions of objects, subjects, methods, procedures and other issues regarding its performance. Moreover, the existing municipal normative legal acts on organization and implementation of municipal anti-corruption monitoring have no unified title and structure of a final document, formed as a result of the anti-corruption monitoring in a municipal unit by the competent municipal bodies. As a result the author draws a conclusion that it is necessary to form a prototype (model) municipal normative legal act regulating the issues of organization and performance of anti-corruption monitoring in a municipal unit based on which municipal normative acts in this sphere of anti-corruption activities could be adopted.
Keywords:
corruption, monitoring, fighting corruption, anti-corruption monitoring, corruption monitoring, municipal unit, monitoring results, monitoring study, period of monitoring, monitoring method
Reference:
Kurakin A.V., Yulegina E.I..
Administrative regulations on performance of state functions and providing state services in the sphere of anti-corruption expertise of normative legal acts and their drafts.
// NB: Administrative Law and Administration Practice.
2013. № 6.
P. 54-82.
DOI: 10.7256/2306-9945.2013.6.9040 URL: https://en.nbpublish.com/library_read_article.php?id=9040
Abstract:
The article concerns legal and organizational problems regarding implementation of administrative regulations in the sphere of anti-corruption expertise of normative legal acts and their drafts, and based upon the analysis the authors make propositions for the improvement of relevant procedures. It is noted in the article that currently the potential of anti-corruption expertise of normative legal acts and their drafts is being underestimated within the mechanism of fighting corruption. One of the most important directions for improvement of efficiency of administrative activities of the state government bodies and is introduction of administrative regulations into their law-enforcement activities. Administrative regulations and the procedures implemented according to them should considerably improve the quality of the activities of the state government and administration bodies, and they should create an optimum regime of relations between the officials and the persons, who addressed these bodies for public services. Administrative regulations also facilitate improvement of performance of public functions, organization of interaction between executive government bodies and other interested subject, in particular, within the framework of public-private partnership. Additionally, the administrative regulations may and should facilitate fight against corruption and abuse of official position by the officials of various government and administrative bodies.
Keywords:
regulation, control, expertise, norm, service, public, administration, anti-corruption, function, problem
Reference:
Shurukhnova D.N..
Control over property status and financial situation as a measure against corruption.
// NB: Administrative Law and Administration Practice.
2013. № 6.
P. 83-98.
DOI: 10.7256/2306-9945.2013.6.9459 URL: https://en.nbpublish.com/library_read_article.php?id=9459
Abstract:
The article is devoted to the issues of application of measures aimed at corruption prophylactics, and in particular, to the control over financial situation and property status of public servants and persons holding public office by the state. The author follows the history of formation and development of measures for control over property status and financial situation of public servants and other persons in the Russian legislation. The author analyzes normative legal acts, establishing anti-corruption prophylactic measures for control by the state over property status and financial situation of state servants and other persons, showing the main normative regulation tendencies in this sphere. The author establishes the influence of international law on the formation of the national Russian legislation in the sphere of fighting corruption. The conclusion is made that improvement of legal regulation in the sphere of fighting corruption is directed at the stricter control by the state over the activities of public officials and persons holding public offices, and over their property status and financial situation in particular.
Keywords:
jurisprudence, corruption, counteraction, prophylactics, official, control, property, income, declaration, expenditure
Reference:
Budai S.N., Kozlov T.L., Ilii S.K..
Theory and practice of interaction between executive bodies and law-enforcement bodies in the sphere of fighting corruption.
// NB: Administrative Law and Administration Practice.
2013. № 3.
P. 59-157.
DOI: 10.7256/2306-9945.2013.3.634 URL: https://en.nbpublish.com/library_read_article.php?id=634
Abstract:
The article is devoted to the topical issues of organization of interaction between the federal executive bodies and law-enforcement bodies in the sphere of fighting corruption. Organization of efficient and consistent cooperation between the law-enforcement bodies and federal executive bodies is an efficient means of prevention, revealing and interception of corruption manifestations and bringing those guilty to responsibility established by law. The authors discuss the definition of the cooperation in this sphere based upon the analysis of normative legal acts, establish it s goals and aims, clarify its principles, and based upon the practice they show the most efficient forms of cooperation, showing the ways for the improvement of cooperation organization. The list of forms of cooperation provided in this article is not limited. The continuing process of improvement of legislation in the anti-corruption sphere requires all of the interested parties to have more active cooperation, intensive search and introduction into practice of the novel approaches towards organization of this sphere of joint activity, and it also requires permanent contact with the municipal bodies and civil society institutions. The authors suppose that the presented materials may be of use for the organization of the said cooperation in practical work.
Keywords:
fighting corruption, cooperation, cooperation organization, law-enforcement bodies, government bodies, prosecution, corruption offences, compliance to requirements, examinations, information
Reference:
Dmitriev D.A., Kudashkin A.V..
Anti-corruption expertise by prosecution bodies. Issues of improvement of legal regulation.
// NB: Administrative Law and Administration Practice.
2013. № 3.
P. 158-177.
DOI: 10.7256/2306-9945.2013.3.710 URL: https://en.nbpublish.com/library_read_article.php?id=710
Abstract:
The article provides solutions for some problems regarding legal regulation of anti-corruption expertise of legal acts and drafts of normative legal acts by the prosecutors of the Russian Federation. The practice of holding anti-corruption expertise by prosecution bodies starting since 2008 has revealed a number of problems, and solving this problems shall allow for greater efficiency of such expertise. For example, neither the Civil Procedural Code of the Russian Federation, nor the Administrative Procedural Code of the Russian Federation provide for the procedural mechanism for claims by prosecutors for the amendments into normative legal acts in order to exclude corruptogenic factors. In order to prevent the possible corruption consequences the author offers to provide prosecutors with the right to demand gathering of an extraordinary session of a legislative (representative) body in order to examine the request of the prosecutor to amend a normative legal act in order to exclude corruptogenic factors. The article also contains discussion on the issue of widening the scope of object and immediate object of the anti-corruption expertise by the prosecution of the Russian Federation.
Keywords:
anti-corruption expertise, prosecution of the Russian Federation, legal regulation
Reference:
Ageev V..
Legal Anti-Corruption Measures Undertaken in the Republic of Tatarstan
// NB: Administrative Law and Administration Practice.
2013. № 1.
P. 146-169.
DOI: 10.7256/2306-9945.2013.1.356 URL: https://en.nbpublish.com/library_read_article.php?id=356
Abstract:
The author of the article defines the legal anti-corruption measures in the Republic of Tatarstan. To the author's opinion, the most efficient anti-corruption measures are legal measures. Special attention is paid at the issues of corruption management in the sphere of civil service. The author also analyzes the experience of anti-corruption legislation in the Republic of Tatarstant and offers certain ways of improvement of the anti-corruption policy there.
Keywords:
corruption, anti-corruption policy, regional policy, corruption management, anti-corruption laws, state service, state official, legal measures, legal mechanisms, Republic of Tatarstan
Reference:
Ageev V..
Legal Measures and Mechanisms of Corruption Management
// NB: Administrative Law and Administration Practice.
2012. № 1.
P. 112-134.
DOI: 10.7256/2306-9945.2012.1.410 URL: https://en.nbpublish.com/library_read_article.php?id=410
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.
Keywords:
corruption, state corruption, anti-corruption policy, corruption management, anti-corruption laws, state service, state official, restriction of rights, prohibitions, conflict of interests