Administrative law, municipal law and human rights
Reference:
Hrumalova, Y.V.
Legal regulation of the constitutional right of citizens to petition the state government
bodies in the Yamalo-Nenetsky Autonomous District
// Administrative and municipal law.
2013. ¹ 9.
P. 861-866.
URL: https://en.nbpublish.com/library_read_article.php?id=63187
Abstract:
The right of citizens to petition to the state government body is more than the means of implementation of
constitutional rights and freedoms in according to the Constitution of the Russian Federation. It is also a link between
the government and the people. In this article the author discusses the problems of implementation of the right of
citizens to petition the state government bodies and possible solutions to these problems, taking Yamalo-Nenetsky
Autonomous District as an example. The article contains comparative legal analysis of the current normative legal
acts of the Yamalo-Nenetsky Autonomous District in this sphere, as well as results and recommendations. The positive
experience of Yamalo-Nenetsky Autonomous District in the sphere of relations between the people and the government
bodies can be used as an instrument for the improvement in the activities of the state government bodies and
municipal bodies in other constituent subjects of the Russian Federation.
Keywords:
constitutional law, state, petition, citizens, state bodies, people, government, officials, personal reception of citizens.
Issues of administrative and municipal legal relationship
Reference:
Shevkoplyas, N.A.
Specific features of administrative legal status of self-regulated organizations in the
RussianFederation
// Administrative and municipal law.
2013. ¹ 9.
P. 867-873.
URL: https://en.nbpublish.com/library_read_article.php?id=63188
Abstract:
The article contains analysis of normative legal acts on the status of self-regulated organizations. The author
presents proposals on improvement of the Russian legislation and formation of a unified approach towards all of the
self-regulated organizations in part of providing for their specific features by other federal laws on self-regulation
in various spheres of professional activities, establishing the key requirements to standards and rules of professional
conduct for self-regulated organizations, administrative responsibility of self-regulated organizations and its officials.
The author of the article supposes that above-mentioned measures shall make self-regulated entities in the Russian
Federation more efficient by clearer provisions on their legal status in various economic spheres, guaranteeing due
control and supervision over the activities of self-regulated organizations and improvement of the quality of their
works and services. It shall also allow for a positive influence upon the process of formation of voluntary self-regulation
in various economic spheres.
Keywords:
self-regulated organization, administrative legal status, legal capability of self-regulated organizations, responsibility of a self-regulated organization, responsibility of officials, administrative responsibility, ability to commit delicts of self-regulated organizations, formation of a self-regulated organization.
Management law
Reference:
Vinnik, N.V.
Issues of local significance as a guarantee of organizational independence of municipal selfgovernment
// Administrative and municipal law.
2013. ¹ 9.
P. 874-877.
URL: https://en.nbpublish.com/library_read_article.php?id=63189
Abstract:
The article is devoted to the study of the issues of local significance as a direct guarantee of organizational
independence of local self-government. In the opinion of the author the role of issues of local significance as conditions
and means for the organizational independence of municipal self-government is underestimated in both legal science
and legal practice. The article touches upon the problems of broadening scope of influence of the state in this sphere
violating the organizational independence of local self-government. The consequences of violations of the organizational
independence principle include alienation of the population from the local self-government and lack of initiative
in management of issues of local significance. Currently there is a contradiction in the municipal law. The social
theories of municipal self-government as reflected in the constitutional norms do not correspond the legal practice
and further law-making.
Keywords:
issues of local significance, municipal unit, competence, social theory, organizational independence, powers, state, theory of free community, social and economic theory, guarantees.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
Definition and contents of anti-corruption propaganda as a legal category in the Russian
regional anti-corruption legislation
// Administrative and municipal law.
2013. ¹ 9.
P. 878-884.
URL: https://en.nbpublish.com/library_read_article.php?id=63190
Abstract:
The article includes the comparative legal study of the contents of the legal category “anti-corruption propaganda”
as used in the current Russian regional anti-corruption legislation. As a result of the study the author comes
to a conclusion that the current Russian regional anti-corruption legislation has no unified approach towards the
legal category of “anti-corruption propaganda”, so sometimes it gains various meanings, which do not correspond to
its initial elements. The main reasons for the ambiguity within the legal category of “anti-corruption propaganda” in
the regional anti-corruption legislation include lack of professionalism by the drafters of the regional anti-corruption
legislation an lack of scientifically supported legal definition of this anti-corruption instruments and provisions for
it in the federal normative legal acts. Based upon the study the author comes to a conclusion that there is need to
scientifically develop a legal category of “anti-corruption propaganda” and to improve legal regulation of this type of
anti-corruption activity.
Keywords:
corruption, fighting corruption, anti-corruption legislation, anti-corruption education, anti-corruption agitation, anti-corruption agitation, anti-corruption information, anti-corruption legislation, propaganda goals, subject of propaganda.
Public service, municipal service and issues in the fight against corruption
Reference:
Nekrasova, T.A.
Social and legal nature and consequences of corruption on the private legal sphere.
// Administrative and municipal law.
2013. ¹ 9.
P. 885-892.
URL: https://en.nbpublish.com/library_read_article.php?id=63191
Abstract:
The article includes criminal and criminally-related corruption matters in private legal sphere. The author
provides a typology of corruption acts and offences in the private spheres, and she analyzes their consequences. Based
upon the above-mentioned study, she formulates proposals for the current legislation.
Keywords:
corruption, private legal sphere, consequences of corruption, typology of corruption offences, limitation, control, regulation.
Liability in administrative and municipal law
Reference:
Adarchenko. E.O.
Administrative responsibility of legal entities of public law
// Administrative and municipal law.
2013. ¹ 9.
P. 893-897.
URL: https://en.nbpublish.com/library_read_article.php?id=63192
Abstract:
The Administrative Offences Code of the Russian Federation provides for a variety of subjects of administrative
responsibility. However, the definition of administrative responsibility is absent in the Code, and it is being an
object of an endless scholarly discussion. Taking into account the existence of legal entities of public law, which are not
provided for in the Code, it is necessary to single out their type of administrative responsibility. The article contains
an analogy between administrative responsibilities of legal entities of public law and officials, since both of them are
subjects having public power. Special attention is paid to administrative responsibility of the state and its bodies as a
type of legal entities of public law. Administrative responsibility of state corporations is also compared with the administrative
responsibility of state bodies, and not the non-commercial organizations, to which they belong.
Keywords:
administrative responsibility, legal entity, official, state, executive bodies, state corporation, subjects of administrative law, private law, public law, power.
Liability in administrative and municipal law
Reference:
Panshin, D.L., Dresvyannikova, E.A.
Period and order of implementation of the decision on imposing a fine
as an administrative punishment.
// Administrative and municipal law.
2013. ¹ 9.
P. 898-900.
URL: https://en.nbpublish.com/library_read_article.php?id=63193
Abstract:
In the modern administrative practice on payment of fines imposed as administrative punishment it is recognized
that the term for voluntary payment lasts 60 days. However, this is not correct. The authors of this article pay
attention to the period of time, when, firstly, a person voluntarily pays a fine, and, secondly, when an official enforces
payment. As a general rule, Art. 32.2 p.1 of the Administrative Offences Code provides for a 60 days period during
which a decision on an administrative fine should be voluntarily implemented. Therefore, there is need for a document
proving payment of a fine and information on its payment should be in the relevant information databases. However,
no one seems to take into account Chapter 31 of the Administrative Offences Code of the Russian Federation, where it
is directly provided that the decision is object to obligatory performance from the moment, when it comes into force.
It therefore should be implemented by a judge, body or official, who has made the decision, and in three days period
it should be provided to the law enforcement officers, which is not always fully adhered to. Therefore, the principle of
inevitability of punishment is not duly implemented.
Keywords:
implementation, procedure, extension of payment, suspension of payment, period, administrative, offence, decision, body, competent.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Lapina, E.B.
Public purchases of state services.
// Administrative and municipal law.
2013. ¹ 9.
P. 901-909.
URL: https://en.nbpublish.com/library_read_article.php?id=63194
Abstract:
The article includes analysis of the role of legislation on public purchases in the sphere of state purchase of
services provided by states. In the opinion of the author, the legislation on public purchases, which is aimed for state
regulation in the economic sector, may not perform its function in the sphere of purchase of state services. In cases,
when state services are purchased by state customers, its goals are being achieved by other normative legal acts,
therefore, its regulating function is absent in such situation. Much attention is paid to the analysis of the legal relations
arising out of provision of state service, their nature usually excluding contractual regulation. Based upon the
analysis the author makes a conclusion that it is not necessary and in some cases not possible to regulate purchases of
state services by state customers under the legislation of public purchases. The practical value of the article is due to
its aim to improve the existing legislation on the orders for the state needs.
Keywords:
state management, use of budget funds, public purchases, public order, competition, state contract, state service, state government body, state fee, administrative regulation.
Administrative law, municipal law and other branches of law
Reference:
Bukalerova, L.A. Shelmenkova, Y.U.
On the issue on exemption from criminal responsibility due to expiry of
the limitation period.
// Administrative and municipal law.
2013. ¹ 9.
P. 910-916.
URL: https://en.nbpublish.com/library_read_article.php?id=63195
Abstract:
At the first thought, the definition of exemption from criminal responsibility and its elements due to expiry of
limitation period poses no topical issues, however, the problems in the legal practice require thorough analysis, which
is provided in this article. The author makes a conclusion, that the limitation periods differ from typical sanctions for
some types of crimes, and it should be abolished by establishing new limitation periods in Art. 78 of the Criminal Code
of the Russian Federation. The author considers that the basis for exemption from criminal responsibility due to expiry
of the limitation period is the inexpediency of application of criminal punishment to a person, who has committed a
crime, due to the loss of considerable lowering of its public danger, and complicated character of procedural guarantees
of the evidential basis. The authors consider, that it is necessary to provide for the discontinuation of a limitation
period for the criminal responsibility, when a person commits an new intentional crime within the limitation period,
since it proves the growing public danger from a person, and contradicts the concept of the legal institution of exemption
from criminal responsibility due to loss or considerable lowering of the public danger providing for his possible
rehabilitation without the need to apply criminal responsibility. The article includes analysis of practical problems
arising out of situation of exemption of criminal responsibility due to termination of limitation period.
Keywords:
exemption from criminal responsibility, limitation period, expiry of limitation period, the person avoiding investigation or court, public danger of a person, who has committed a crime.