Administrative law, municipal law and security
Reference:
Kalinin, G.I.
On the issue of organization of fight against terrorism and biological security guarantees in
the veterinary sphere.
// Administrative and municipal law.
2013. № 11.
P. 1027-1031.
URL: https://en.nbpublish.com/library_read_article.php?id=63390
Abstract:
In last two decades the Russian Federation faced the problem of fighting terrorist threat in its various
dimensions. The Federal Service for Veterinary and Phytosanitary Supervision supervises physical protection of
the sources of especially dangerous organisms. However, there are problems with practical implementation in this
sphere. Territorial Divisions of the Federal Service for Veterinary and Phytosanitary Supervision have to solve this
problem independently and develop the method for supervision over the said objects. Control and supervision once
every three years over dangerous objects, which may be attacked by terrorists, is obviously not sufficient. It is also
not clear what should be understood as especially dangerous organisms. Use of sanitary regulations in such cases
is not altogether correct. The veterinary legislation has no definition of physical protection and no criteria for its
application to the objects of veterinarian supervision. There is need for clear procedural regulation of this type of
supervision.
Keywords:
fighting terrorism, biological security, veterinary, supervision, periodical, dangerous organisms, sanitary rules, physical protection, administrative regulation, standard.
Law-enforcement legislation
Reference:
Panshin, D.L.
Some aspects regarding improvement of law-enforcement activities of the State Traffic Safety
Inspectorate of the Ministry of Internal Affairs of the Russian Federation when recording administrative offences
with technical means of photography, video and filming.
// Administrative and municipal law.
2013. № 11.
P. 1032-1035.
URL: https://en.nbpublish.com/library_read_article.php?id=63391
Abstract:
Russian administrative legislation provides for the possibility of recording an administrative offence by two
types of technical means (note to Art. 1.5 of the Administrative Offences Code of the Russian Federation): special technical
means having functions of photo-, video- and filming in automatic regime; and simply by photo-, video- and filming
means. Currently, the second type of technical means is not regarded as means of administrative offence recording
based on which under Art. 2.6.1 of the Administrative Offences Code of the Russian Federation the owner is held responsible.
In our opinion it is possible to hold a vehicle owner responsible for committing an offence, which is recorded
by technical means of photo -, video- or filming which is not in automatic regime under Art. 28.6 of the Administrative
Offences Code of the Russian Federation (without administrative offence protocol). Art. 28.6 of the Administrative
Offences Code of the Russian Federation also presupposes that in cases of recording offences with technical means of
photo-, video- and filming, which are not specialized technical means (measuring means), and which do not work in
automatic regime, a decision on an administrative offence case should be issued.
Keywords:
means, video recording, verification, presumption of innocence, owner, administrative regime, administrative regulation, protocol, decision, automatic regime, and means of recording.
Management law
Reference:
Bocharova, N.N.
Novelties in administrative legal status of the Central Ban of the Russian Federation within
the framework of an administrative reform.
// Administrative and municipal law.
2013. № 11.
P. 1036-1038.
URL: https://en.nbpublish.com/library_read_article.php?id=63392
Abstract:
The article is devoted to the changes in the status of the Bank of Russia in the conditions of administrative
reform and specific features of the legal position of the Central Bank of the Russian Federation as a government body
and as a banking institution. Having analyzed the issue of place of central banks within the system of state bodies, possessing
public competence, the author notes that different states use different solutions, while generally any central
bank within any system combines characteristic features of a bank and a state body to a certain degree. The author
single out a number of tendencies in administrative legal regulation, such as widening the scope of control and supervision
powers, complication of an internal structure, mega-regulation tendencies in the activities of the Bank of Russia. In particular, it is noted that in order to guarantee the performance of regulating, controlling and supervision
functions by the Bank of Russia, the Financial Markets Service of the Bank of Russia was formed. In accordance with
the Federal Law the Financial Markets Service of the Bank of Russia shall implement regulation, control and supervision
in the sphere of financial markets over non-credit financial organizations and (or) the spheres of their activities.
The conclusion is made that the transfer of the powers from the Federal Financial Markets Service to the Central Bank
of Russia strengthened the position of the Central Bank of Russia as a state body.
Keywords:
status, the Bank of Russia, administrative reform, state government body, territorial structure, competence, control, supervision, financial market, mega-regulator.
Management law
Reference:
Kravchuk, A.M.
The turn from the concept of due state administration to the practice of administrative lawmaking
by the federal executive bodies.
// Administrative and municipal law.
2013. № 11.
P. 1039-1044.
URL: https://en.nbpublish.com/library_read_article.php?id=63393
Abstract:
The article includes a study of the key fundamentals of the globally accepted concept of good governance in
part of its inclusion into development and implementation of normative legal acts by federal executive bodies. The
basis for the study was a Good Governance concept, previously provided within the UN framework by the ESCAP, under
which there are 8 key characteristic features of Good Governance. It is established that most of the principles for Good
Governance are implemented in normatively established procedures for the development, publication and registration
of normative legal acts of the federal executive bodies. At the same time some principles should be taken into
account when arranging improvements of the procedure of drafting and adoption of the normative legal acts (drafts)
by the federal executive bodies).
Keywords:
administration, due governance, state government, Good Governance, administrative act, preparation of administrative acts, administrative norm-making, preparation of normative acts, expertise of normative acts, administrative law.
Public and municipal service and the citizen
Reference:
Kabanov, P.A.
Definition of anti-corruption advertisement as a legal category: a regional aspect.
// Administrative and municipal law.
2013. № 11.
P. 1045-1050.
URL: https://en.nbpublish.com/library_read_article.php?id=63394
Abstract:
In this article for the first time in the Russian legal science the author provides a comparative legal study
of phenomenon of anti-corruption advertisement as universal means of anti-corruption propaganda aimed to form
anti-corruption world-view and behavior. Taking into account the means of legal regulation of anti-corruption advertisement
at the regional level, the author provides structural analysis of this matter. He singles out the following
substantial elements of anti-corruption advertisement: a) contents — distribution of anti-corruption advertisement;
b) consumers of anti-corruption advertisement — individuals capable of perceiving ant-corruption information; c)
main goal of anti-corruption advertisement is to attract attention of the population to the problems of fighting corruption
and formation of anti-corruption world view and anti-corruption behavior. Based upon the analysis of the key
elements of anti-corruption advertisement the author offers his own definition of this instrument of anti-corruption
policy as a legal category.
Keywords:
corruption, advertisement, social advertisement, fighting corruption, anti-corruption prophylactics, anti-corruption propaganda, anti-corruption advertisement, anti-corruption campaign, anti-corruption information.
Liability in administrative and municipal law
Reference:
Nikiforov, A.V.
Competence of tax bodies when administering responsibility for tax crimes.
// Administrative and municipal law.
2013. № 11.
P. 1051-1057.
URL: https://en.nbpublish.com/library_read_article.php?id=63395
Abstract:
This article concerns competence and status of tax bodies in cases of administering responsibility for tax
crimes to taxpayers and tax agents. Much attention is paid to the competence of tax bodies when transferring to the
investigative bodies the tax audit results in order to establish whether a criminal case should be opened. It is noted
that a tax body is a subject, which defines the further course of actions for the criminal prosecution. The author analyzes
the issue of whether it is acceptable for a tax body to transfer tax audit materials to the investigative bodies, if
the court has suspended the enforcement of tax body decision as well as the tax payment notice for payment of the
arrears. The author makes a conclusion that injunction measures in the form of suspension of enforcement of a certain
non-normative legal acts excludes the possibility for a tax body to take any actions aimed to collect taxes, fines and
penalties, and it stands for a prohibition of any actions based on the disputed act .
Keywords:
tax body, tax crimes, tax agent, taxpayer, tax audit, law-enforcement bodies, tax, arrears, criminal law, injunctions.
Administrative and municipal law: business, economy, finance
Reference:
Agamyan, A.A.
On the problem of definition interpretation of budgetary expenditures.
// Administrative and municipal law.
2013. № 11.
P. 1058-1061.
URL: https://en.nbpublish.com/library_read_article.php?id=63396
Abstract:
The article is devoted to the issues of establishing the definition of budget expenditures based on their substantive
elements. The author notes that the Budget Code of the Russian Federation does not use the definition of
budget expenditures; instead it uses “expenditures of budgets”. Semantically speaking, the contents of these terms
differ, since budgetary expenditures include all payable budget obligations accepted for performance according to
the procedure established by law. Expenditures of budgets point out only the element of certain monetary funds being
recognized as belonging to budgetary funds. The main elements of budgetary expenditures are the following: they
form a public category, they generally are not returned, they do not form and do not discharge financial claims; they
are provided by the state continuously; they are a budgetary law category, reflecting economic relations related to
distribution and use of centralized monetary funds regulated by legal norms. The article also includes analysis of the
key doctrinal definitions of budgetary expenditures, and the author offers his own definition of this category.
Keywords:
budget, state expenditures, municipal expenditures, budget expenditures, expenditures of budget, the Budget Code of the Russian Federation, budget holder, monetary funds, budget obligations, budgeting.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Kravchuk, A.O.
State property as an object for state administration (administrative law aspect).
// Administrative and municipal law.
2013. № 11.
P. 1062-1069.
URL: https://en.nbpublish.com/library_read_article.php?id=63397
Abstract:
The article concerns state property as state administration object under the Ukrainian legislation. The goal
of the article is to study state property as an object for state administration and to develop a scientific definition of
such administration. The author studies the terms, characterizing the administration in question, as well as a definition
of state administration in the Ukrainian legislation and scholarly literature. In particular, the author raises the
issue of what an object of state administration is, whether it is state ownership or state property. As a result of the
study, the author formulates a definition for state property administration as a norm-making and organizational/
management activities of the state executive bodies and other competent subjects taken in order to have government
administrative influence upon the social relations regarding ownership, use and disposal of property belonging to the
state (state property objects). The author provides the reasons for use of this definition in science. In the opinion of the
author the object of state administration is state property, which is regarded as social relations on state ownership of
certain proprietary objects.
Keywords:
state ownership, state property, administration of state property, organizational/management activities; administration acts; goals of state administration; competence
Administrative law, municipal law and other branches of law
Reference:
Trunov, I.L.
Legal regulation of private military campaigns.
// Administrative and municipal law.
2013. № 11.
P. 1070-1073.
URL: https://en.nbpublish.com/library_read_article.php?id=63398
Abstract:
The article concerns legal, organizational and political bases for private military campaigns, the author
discusses their specific features, he studies foreign experience in the sphere of this topical issue, and based upon these
studies he draws a conclusion on the need to improve legislation in the sphere of legal regulation and fighting private
military campaigns.
Keywords:
terror, terrorist, campaign, private, military, instrument, citizen, mercenary, service, fighting.