Administrative law, municipal law and security
Reference:
Panshin, D.L.
Some aspects of improvement of administrative legislation in the sphere of guarantees of
road traffic security: the order of movement on pedestrian crosswalks.
// Administrative and municipal law.
2013. ¹ 7.
P. 705-708.
URL: https://en.nbpublish.com/library_read_article.php?id=62969
Abstract:
In this article we would like to pay attention to the amendments in the Russian legislation in the sphere
of road traffic security guarantees in the sphere of movement on pedestrian crosswalks. In our opinion, there is a
number of norms regulating the obligations of participants of the road traffic to follow certain rules on movement
(driving) on non-regulated pedestrian crosswalks, but there is no administrative responsibility for violations. The
lack of responsibility for the violation of the Road Traffic Rules in this sphere lowers the level of prophylactic and preventive
influence on road accidents. Amending the Road Traffic Rules the Government of Russia presumed that it is
necessary for the drivers not only to give way to pedestrians and other participants of road traffic, but also to lower
the speed up to complete stopping when there are pedestrians or bike riders on the crosswalk. However, there are no
legislatively provided measures against violations of this obligation.
Keywords:
road traffic, pedestrian, driver, pedestrian crosswalks, clear the way, overdrive, advancing, forced stop, transportation vehicle, collision.
Management law
Reference:
Vinnik, N.V.
Definition and elements of organizational independence of municipal self-governement.
// Administrative and municipal law.
2013. ¹ 7.
P. 709-712.
URL: https://en.nbpublish.com/library_read_article.php?id=62970
Abstract:
The article is devoted to the legal nature, characteristic feature and value of organizational independence
of the municipal self-government in the Russian Federation. The choice of topic is due to the theoretical and practical
value of the solution of a vast range of problems, which are related to the independent and responsible actions on the
local issues by the people either directly or via the elected municipal self-government bodies. The value of consistent
legal regulation of the guarantees of organizational independence of municipal self-government can hardly be underestimated
within the general complex of necessary measures.
Keywords:
organizational independence, municipal self-government, models of municipal self-government, local issues, local budget, administration, decision, people, people’s rule, control, guarantees, autonomy.
Public and municipal service and the citizen
Reference:
Komakhin, B.N.
Administrative and legal directions of development of professional activities of state
servants.
// Administrative and municipal law.
2013. ¹ 7.
P. 713-718.
URL: https://en.nbpublish.com/library_read_article.php?id=62971
Abstract:
The article is devoted to the legal and organizational bases for the information guarantees of state service,
the author points out the obstacles in the way of development of information technologies within the system of state
service relations. The article refers to various social relations, which are being formed in connection with the information
guarantees of state service activities in various state government bodies.
Keywords:
service, innovation, cadres, official, control, system, information, guarantees, regulation, activities, prohibition, limitation.
Public service, municipal service and issues in the fight against corruption
Reference:
Astanin, V.V.
Fighting corruption: perspective approaches to prevention and compensation of harm.
// Administrative and municipal law.
2013. ¹ 7.
P. 719-722.
URL: https://en.nbpublish.com/library_read_article.php?id=62972
Abstract:
The article concerns topical issues of fighting corruption, which are due to the modern legislative, political
and legal solutions in the sphere of prophylactics of corruption, and the restorative justice measures. The article
includes analysis of defects in law enforcement, regarding many-fold fines assigned as additional punishment to the
persons guilty of offences. The author notes the obstacles to the application of civil law measures of responsibility
for the corruption-related offences. The existing shortcomings of the anti-corruption legislation is regarded as one
of the sources of determination and development of criminal threats (organized crime, drug crime, legalization of money, earned by criminal means), as well as other corruption-related matters (non-payment policy, lack of financing,
non-performance under state contracts).The perspective approaches to the prevention of corruption and active
application of restorative legal measures are related to correction of legislation, optimization of law-enforcement
(including the context of correlation of criminal law and civil law measures).
Keywords:
corruption, corruption-related offence, prevention of corruption, shadow economy, compensation of harm, practice of criminal punishment.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
Organizational and legal issues regarding preparation and implementation of the anticorruption
monitoring in the constituent subjects of the Russian Federation.
// Administrative and municipal law.
2013. ¹ 7.
P. 723-730.
URL: https://en.nbpublish.com/library_read_article.php?id=62973
Abstract:
The article includes descriptions of organizational and legal mechanisms of development of the system of
normative legal acts, regulating the issues regarding organization and implementation of the regional and municipal
anti-corruption monitoring. In the point of view of the author, at the first stage it is necessary to develop the concept
of legal regulation of anti-corruption monitoring in the constituent subject of the Russian Federation. At the second
stage, it is necessary to draft and adopt the normative legal acts regulating procedural and technological issues of
anti-corruption monitoring, such as order and methods (methodological recommendations) or rules for the regional
anti-corruption monitoring. At the third state the author offers to develop and adopt the institutional and municipal
normative legal acts on information guarantees of regional anti-corruption monitoring. As a result of his study,
the author came to a conclusion that in order to improve the organizational and legal bases for the anti-corruption
monitoring in the constituent subjects of the Russian Federation, it is necessary to form a group of model codified
normative legal acts on its organization and implementation. It shall allow to support the unified approach towards
the evaluation of corruption level, its causes and efficiency of the measures against corruption in various regions and
municipal units, and to form a united national system of anti-corruption monitoring.
Keywords:
corruption, monitoring, anti-corruption monitoring, corruption monitoring, legal regulation, legal act, rules of monitoring, method of monitoring, order of monitoring.
Administrative and municipal law: business, economy, finance
Reference:
Doinikov, I.V.
Russian economic management system: problems of legal regulation.
// Administrative and municipal law.
2013. ¹ 7.
P. 731-742.
URL: https://en.nbpublish.com/library_read_article.php?id=62974
Abstract:
The article includes analysis of the views of scientists and politicians of two opposite mindsets in the modern
Russian legal studies. The first direction, which is currently leading in the modern Russian legal studies, is a liberal
(“orange”) mindset, and the second includes the elements of the new national state attitude, which comes through in
the conditions of liberal dictatorship and manipulations with the public conscience.
Keywords:
liberal mindset, development of the new discourse, change of model of economic development, national state, second stage of codification of Russian legislation.
Liability in administrative and municipal law
Reference:
Agapov, A.B.
Public coercion or social sanitation…
// Administrative and municipal law.
2013. ¹ 7.
P. 743-752.
URL: https://en.nbpublish.com/library_read_article.php?id=62975
Abstract:
The article includes analysis of organizational and legal problems regarding implementation of the administrative
responsibility, and it is noted that the current legislation on administrative offences lacks the definition of
administrative offence, which is not a positive matter. In scholarly writing administrative responsibility is defined as
an administrative coercive measure, which is applied to physical and legal entities. The measures of administrative
responsibility are administrative punishments, which include proprietary and non-proprietary limitations of rights,
and which are implemented within an established procedural order.
Keywords:
public, responsibility, offence, punishment, guilt, guilty, sanitation, sanction, coercion, threat
Liability in administrative and municipal law
Reference:
Astanin, G.V.
Administrative responsibility of insolvency officers in legislations of the Russian Federation
and Ukraine: comparative analysis.
// Administrative and municipal law.
2013. ¹ 7.
P. 753-757.
URL: https://en.nbpublish.com/library_read_article.php?id=62976
Abstract:
The article includes comparative analysis of the elements of the institution of administrative responsibility
of insolvency officers under the current legislations of the Russian Federation and Ukraine. Most of attention is paid
to the grounds for administrative responsibility and types of measures of administrative responsibility. The author
notes similarities and differences in legislation and law-enforcement practice in two states. The attention is drawn to
some topical issues of general theory of administrative responsibility, as applied to bankruptcy (insolvency).
Keywords:
insolvency officer, administrative responsibility, administrative offence, bankruptcy, insolvency, sanitation, entrepreneurs, corruption, legal entities, debtor, creditor
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Kurakin, A.V., Yulegina, E.I.
Administrative provisions for the performance of state functions and services
in the sphere of anti-corruption expertise of normative legal acts and their drafts.
// Administrative and municipal law.
2013. ¹ 7.
P. 758-766.
URL: https://en.nbpublish.com/library_read_article.php?id=62977
Abstract:
The article is devoted to legal and organizational problems regarding implementation of administrative
provisions for the performance of state functions and services in the sphere of anti-corruption expertise of normative
legal acts and their draft. Based on the analysis, the authors make propositions for the improvements into the existing
procedures. It is noted in the article that currently the potential of anti-corruption expertise of normative legal
acts and their drafts within the anti-corruption mechanism is obviously underestimated.
Keywords:
expertise, report, expert, service, function, performance, the Ministry of Justice, corruption, requirement, factor, risk, administration.
Administrative law, municipal law and environment issues
Reference:
Nobel, A.R.
The issues of use of other types of protocols under the Administrative Offences Code of the
Russian Federation and documents obtained as a result of state control (supervision) and municipal control
in the cases on administrative offences in the sphere of environmental protection.
// Administrative and municipal law.
2013. ¹ 7.
P. 767-769.
URL: https://en.nbpublish.com/library_read_article.php?id=62978
Abstract:
The article contains analysis of normative requirements to the procedure of drawing up and contents
of other types of protocols, which are used in administrative cases on environmental offences. The author compares
the provisions of the Administrative Offences Code of the Russian Federation and the Federal Law “On
the protection of rights of legal entities and individual entrepreneurs in the sphere of implementation of state
control (supervision) and municipal control” of December 26, 2008, N. 294-FZ regarding legal regulation of
the procedural acts of the same title: examination, seizure, taking samples. The author also provides examples
of decisions of the Arbitration Courts on certain cases, showing the ambiguity of existing judicial arbitration
practice, which is due to the contradictions in the provisions of the above-mentioned Federal Law and the
Administrative Offences Code of the Russian Federation regarding legal regulation of the procedural acts of the
same title: examination, seizure, taking samples. The article contains a conclusion that in the administrative
cases the protocols of taking samples and protocols of seizure under the Federal Law N 294-FZ of December 26,
2008 should be regarded as “other types of documents”, to which the provisions of the Administrative Offences
Code of the Russian Federation on other types of protocols regulating examination of premises and territories
belonging to legal entities and individual entrepreneurs, objects and documents therein, seizure of objects and
documents, taking samples should not apply.
Keywords:
other types of protocols used in cases on administrative offences, examination, seizure, taking samples, proof in administrative cases in the sphere of environmental protection, punishment, responsibility, control, regulation, jurisdiction, competence, authority.
Administrative law, municipal law and other branches of law
Reference:
Rukasov, A.V.
On the object of research in the sphere of issues regarding the illegal turnover of narcotic
drugs in a regional aspect.
// Administrative and municipal law.
2013. ¹ 7.
P. 770-774.
URL: https://en.nbpublish.com/library_read_article.php?id=62979
Abstract:
The author offers to evaluate the possibilities for fighting drug crime in the modern Russia at the macro-level,
which can be shown in a typological characteristics of a large region — such as Voronezhsky region. He notes the
deficit of implementation of means of prevention of drug crimes within the framework of global approaches in fighting
the drug challenge. He also provides the grounds for the analysis of the criminologically valuable information
(socio-economic, demographic, etc.), which he offers to view from the standpoint of uncovering the determination
processes of spreading drug crime and its reaction to the measures taken. He provides brief analysis of criminal statistics,
showing the criminal patterns in the sphere of illegal turnover of narcotic drugs and reaction to its practices.
Keywords:
illegal turnover of narcotics, drug business, regional studies, drug crime, anti-narcotic strategy, criminological data, criminal statistics
Reviews and bibliography
Reference:
Kabanov, P.A.
Review on the book: Budatarov, S.M. Anti-corruption expertise of legal acts and their
drafts: definition, order and procedure. Specialized course of studies./ S.M. Budatarov; Saratov Center for
the Studies of the Organized Crime and Corruption Problems. — Saratov. FGBOU VPO Saratov State Law Academy,
2013 — 120 p.
// Administrative and municipal law.
2013. ¹ 7.
P. 775-779.
URL: https://en.nbpublish.com/library_read_article.php?id=62980
Abstract:
The review provides a positive evaluation of the teaching manual “Anti-corruption expertise of legal acts
and their drafts: definition, order and procedure” by S.M. Budatarov, which was published by Saratov State Law
Academy. For the reviewer the main positive features of this work include, firstly, broadening of an object of anticorruption
expertise of normative legal act by the author via inclusion of additional (optional) objects, which are
not provided for the current Russian federal anti-corruption legislation; secondly, for the first time n the Russian
legal literature the author describes the correlation of the anti-corruption expertise of normative legal acts and
drafts of normative legal acts with other types of expertise (legal, linguistic).The reviewer offers to improve the
text of the work — for the author to view the correlation of anti-corruption expertise of normative legal acts and
drafts of normative legal acts with the criminological expertise and expertise of normative legal acts of federal
executive bodies in order to uncover the provisions, which groundlessly complicate the entrepreneurial and investment
activities.
Keywords:
corruption, fighting corruption, anti-corruption expertise, corruptogenic factors, S.M. Budatarov, legal expertise, linguistic expertise.