Theory and science of administrative and municipal law
Reference:
Pan'shin D.L.
The concept of public individual in Russian administrative legislation
// Administrative and municipal law.
2015. № 4.
P. 331-335.
URL: https://en.nbpublish.com/library_read_article.php?id=66308
Abstract:
The subject of the research is the concept of public individual on the base of the Code of Administrative Offences of the Russian Federation and its description. The author compares the notions of "public individual" provided by the Criminal Code of the Russian Federation and the Code of Administrative Offences. The author analyzes the explanations of the plenum of the Supreme Court of the Russian Federation related to the criteria which allow rating a person who has committed a crime as a public individual and this person's difference from other state public officers. The author uses the dialectic and juridical methods of analysis, compares criminal and administrative legislation, carries out the empirical synthesis of public individual definitions on the base of court practice. The scientific novelty of the research lies in the private opinion about the criteria defining the concept of "public individual" on the base of administrative legislation. Particularly, the author offers not to associate the notion of public individual as provided in the article 2.4 of the Code of Administrative Offences of the Russian Federation with the offense committed, since it causes particular problems with the qualification of acts committed by this category of persons and the institution of administrative proceedings against them.
Keywords:
crime, offense, functions, competences, authority, state, position, person, definition, guilt
Issues of administrative and municipal legal relationship
Reference:
Adarchenko E.O.
Legal entity of public law as an element of decentralization of public management
// Administrative and municipal law.
2015. № 4.
P. 336-339.
URL: https://en.nbpublish.com/library_read_article.php?id=66309
Abstract:
The subject of the research includes social relations appearing in the result of public (state) management. The article considers various theories of public management definition and its subjects. The author analyzes the functions, aims and goals of public management. When defining the subject matter of public management execution the author emphasizes the inclusion of recognized legal entities of public law as the state authorized entities. Legal entities of public law are considered in the article as subjects executing state administration, particularly exercising administrative authorities and functions. The author uses the comparative-legal metod by means of comparison of different stages in the succession of public management execution; and by means of comparison of different theories of public management. The article considers the construction of a legal entity of public law as a subject participating in the execution of public management. Authorizing legal entities of public law with particular functions and goals of public-authoritative character the state yields its own competences to subordinate branches (executive bodies, the Central Bank, state corporations). Therefore the author suggests the recognition of legal entities of public law as parts of public authority and competences redistribution.
Keywords:
state, management, public legal entity, administration, decentralization, subjects, executive authority, competences, responsibilities, redistribution
Administrative and municipal law: business, economy, finance
Reference:
Kolesnikov Yu.A.
Financial and legal status of expenditure commitments parties and the mechanism of budget resources management
// Administrative and municipal law.
2015. № 4.
P. 340-347.
URL: https://en.nbpublish.com/library_read_article.php?id=66310
Abstract:
The subject of research in the presented article is the efficiency of budget resources management. The objects of the research are the mechanism of budget expenditures management and the elements of the financial-legal status: authorities (competences); responsibilities; forms and methods of exercise of authorities; guarantees of exercise of authorities. The aim of this work is the formulation of the possibilities for improving of the mechanism of budget expenditures contol. The author considers the experience of budget resources management in unitary and federal states, the study of the concept of "financial and legal status" through the prism of the Russian legislation and theoretical studies, an overview of different opinions on the issue of budget expenditures management efficiency. Special attention is paid to the legal positions of the Constitutional Court of the Russian Federation towards the analyzed issue.The methodology of the research is based on the methods of cognition, such as the system analysis and synthesis, generalization, grouping, analogy and the specific methods like the monographic method, the statistical and economical, the calculation and constructive method.The novelty of the research lies in identification of the problems of the existing mechanism of budget expenditures management and suggestion of directions of its optimization. The specific contribution of the author is the synthesis of different perspectives and proposals on the issue of budget expenditures management efficiency and their presenting in the form of a strategy of work with budgetary funds. The practical significance of the research lies in the creation of science-based regulations, conclusions and recommendations for improving of budget expenditures management. The results of the research can be used by public authorities at all levels for the development of fiscal and social policy in order to increase the efficiency of on-budget expenditures and the quality of budget services.
Keywords:
the sovereignty of regional budgets, government spending, efficiency, budget expenditures, financial and legal status, subjects of the Russian Federation, budgetary authorities, unitary state, local budgets, constitutional and legal status
Administrative law, municipal law and security
Reference:
Kupreev S.S.
On the system of administrative-legal measures of terrorism prevention
// Administrative and municipal law.
2015. № 4.
P. 348-355.
URL: https://en.nbpublish.com/library_read_article.php?id=66311
Abstract:
In the conditions of terrorist activity increase, its geography expansion and organization enhancement there is an objective need for the increase of effectiveness of preventive measures. As it is stated in the Anti-terrorist strategy of the Russian Federation, the realization of legislative measures is of primary importance in terrorism prevention. Taking into account the possibility of a flexible and quick realization of administrative law provisions and the preventive character of these provisions, administrative-legal measures should be assigned one of the leading parts among the complex of preventive measures. The article reveals the system of the most effective administrative-legal measures of terrorism prevention which can be used by law-enforcement agencies and special services. The proposed system of administrative-legal measures is based on the analysis of content and practice of use of the conceptual documents and legal provisions regulating the issues of terrorism prevention and administrative-legal mechanisms implementation. The author creates an easy-to-use model of the system of the most effective administrative-legal measures of terrorism prevention. Taking into consideration the obvious need for expansion of use of administrative-legal measures of terrorism prevention, the systematization of these legal measures takes of special significance and can promote the effective activities of special services and law enforcement agencies in this sphere.
Keywords:
system, administrative-legal measures, prevention, terrorism, prophylaxis, administrative-legal conditions, security, administrative supervision, combating, terrorist threat
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Kalinina L.E.
State duty for licensing: payment for technical errors
// Administrative and municipal law.
2015. № 4.
P. 356-361.
URL: https://en.nbpublish.com/library_read_article.php?id=66312
Abstract:
The author considers a state duty for licensing as a complex legal relationship, requiring a system regulation. In the process of a state duty establishing, licensing should be considered as a public service consisting of a range of managerial operations. The article analyzes the problems of establishing of the grounds for a state duty, determines the legally significant actions serving as a base for the duty. The author uses the court practice, including the resolutions of the Constitutional Court of the Russian Federation, which attribute the relations with the state to entrepreneurial risk. The author uses the general scientific methods of deduction, induction, analysis and synthesis, and the special scientific research methods: the historical-legal method, the juridical-dogmatic method, the logical method with the system analysis, the method of legal base analysis and generalization of its use. The novelty of the research lies in the theoretical study of the complex legal relationship of a state duty payment for licensing. The author concludes that a complex legal relationship presupposes that the legal regulation of the parts of the relationship, including the relulations of financial and administrative law, will be developing not independently, but will be integrating in the system, taking into account the regulation of the particular legal relationship.
Keywords:
administrative law, administrative trial, licensing, state duty, public payment, legally significant actions, state service, public administration, analysis of legislation, court practice review
Administrative enforcement
Reference:
Tregubova E.V.
Problems of administrative-legal regulation of the activities of police and other federal public authorities in the sphere of consumer market
// Administrative and municipal law.
2015. № 4.
P. 362-374.
URL: https://en.nbpublish.com/library_read_article.php?id=66313
Abstract:
The article considers the problems of prevention and suppression of administrative offences in the sphere of consumer market by police and other federal executive authorities. The object of the article includes social relations connected with enforcement of law on consumer market. The author details the problems of administrative-legal regulation of consumer market. Special attention is paid to the administrative activities of police in combating crimes in the sphere of consumer market. Considerable attention is paid to the issues of enhancement of efficiency of administrative coercive measures implementation in this sphere. The author uses the general philosophical, theoretical, and empirical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical, comparative jurisprudence), the methods used in specific sociological research (statistics, expert opinions, and others).In the conclusion the author identifies the significant problems related to the administrative-legal regulation of activities of police and other federal executive authorities in the sphere of consumer market. The specific contribution of the author lies in the fact that the article reveals the contents of consumer market in administrative law. The novelty of this paper lies in the fact that the author concludes about the necessity for a more effective management in the spheres of trade and consumer market.
Keywords:
regulation, system, control, execution, police, consumption, market, trade, product, consumer
Liability in administrative and municipal law
Reference:
Dresvyannikova E.A.
Correct qualification of administrative offence as a component of the principle of unavoidability of punishment
// Administrative and municipal law.
2015. № 4.
P. 375-379.
URL: https://en.nbpublish.com/library_read_article.php?id=66314
Abstract:
The subject of the research is qualification of administrative offences specified in the articles 12.6 and 12.23 part 3 of the Code of Administrative Offences of the Russian Federation. Implementation of the principle of unavoidability of punishment means the correct qualification of the offence committed. Unfortunately, when qualifying administrative offences in the sphere of road traffic a law enforcer sometimes faces the situation when one deed refers to several competing administrative-legal regulations. Regulations provide for various types of responsibility for transportation of children without a safety belt. In such situations the correct qualification of this deed is necessary for the correct legal treatment of the deed and imposition of a corresponding punishment. The author of the article considers the problem of correlation between the rules of transportation of children (article 12.23 part 3 of the Code of Administrative Offences) and the rules of safety belts use (article 12.6 of the Code) as competing legal regulations in the sphere of road traffic. The correct qualification of administrative offences fosters the respect for law enforcement bodies in citizens and promotes the increase of legal sense and legal culture of road traffic participants. The author uses general scientific methods (analysis, synthesis, the comparative method) and special research methods. The analysis of the administrative legislation and the court and law enforcement practice shows the need for the general explanation by the Supreme Court of the Russian Federation of the order of application of the rules of children transportation (article 12.23, part 3 of the Code of Administrative Offences) and the rules of safety belts use (article 12.6 of the Code). It is necessary to amend the general part of the Code of Administrative Offences of the Russian Federation with the regulation explaining the order of the general and the special norms of the Special Part application.
Keywords:
offence, qualification, regulation, competition, principle, unavoidability, punishment, legal sense, law enforcement, court practice
Liability in administrative and municipal law
Reference:
Kretov V.V., Sevryugin V.E.
On the necessity of establishing of administrative responsibility for offences in the sphere of road economy of the Russian Federation
// Administrative and municipal law.
2015. № 4.
P. 380-387.
URL: https://en.nbpublish.com/library_read_article.php?id=66315
Abstract:
The article analyzes the provisions of the Federal law "On automobile roads and road activities" and Code of the Russian Federation "On administrative offences" regarding imposition of administrative responsibility for both road users (individuals and legal entities) and officers of the traffic control sector for violations in repair, roads maintenance and safety. The authors propose the measures for improvement of the legislation on administrative offences, including toughening of responsibility and introduction of additional chapter in the Special part of the administrative code. The authors use the system, the comparative legal and the formal logical methods. The improvement of the Code Of The Russian Federation "On administrative offences" and the Federal law "On automobile roads and road activities.." No. 257-FL dated 8.11.2007 through the inclusion of new rules on liability in the sphere of roads and road-related activities, will allow not only to improve the responsibility system of road users and organizations involved in the operation of roads, but also to codify the responsibilities of road management, as well as their managers.
Keywords:
officials, road users, administrative offences, road legislation, administrative responsibility, road activities, roads, administrative fine, individuals, legal entities
Management law
Reference:
Bocharova N.N.
Legal status of district departments of federal executive authorities
// Administrative and municipal law.
2015. № 4.
P. 388-393.
URL: https://en.nbpublish.com/library_read_article.php?id=66316
Abstract:
The article considers the problems of functioning of executive authorities structure of the Russian Federation. The author defines a separate level of authority in modern Russia - a district one. The author studies the work of particular federal executive authorities (the Ministry of Internal Affairs, the Federal Tax Service and others) in order to study the dynamics of legal status of district departments of these authorities. The author makes an attempt to analyze their principles of organization. The author adduces the opinion about the decentralization and deconcentration of federal executive authorities under the influence of federal districts. The author concludes about the absence of unification in the process of the territorial bodies establishing on the level of regions and federal districts. The general theoretical and the special methods of cognition are used: analysis, synthesis, the logical method, dialectics, the method of comparative jurisprudence and expert assessments. The conclusions and generalizations are made. This topic has been urgent since 2000 - since the creation of federal districts. But after 14 years and in the result of administrative reform, the unification of legal status of territorial departments of federal executive authorities hasn't increased, and this problem complicates the state machinery functioning. The conclusions contain the assessment of the status of district departments of federal executive authorities and some suggestions for optimization their functioning optimization.
Keywords:
territorial bodies, district departments, federal districts, regions of the Russian Federation, federal authorities, executive authority, deconcentration, decentralization, plenipotentiary, local government
Law-enforcement legislation
Reference:
Mitrokhin V.V.
On the issue of the notion and the principles of administrative-legal regulation of personnel policy in the system of the Ministry of Internal Affairs of the Russian Federation
// Administrative and municipal law.
2015. № 4.
P. 394-399.
URL: https://en.nbpublish.com/library_read_article.php?id=66317
Abstract:
The author of the article notes that, defining the conceptual bases of its personnel policy, the Ministry of Internal Affairs of the Russian Federation proceeds from the need for the formation of a new professional moral image of an Internal Affairs officer, and for the renewal of a personnel potential of the police and other bodies of the Ministry. The author states that the concept of the personnel policy of the Ministry of Internal Affairs in the Internal Affairs bodies is the system of opinions, priorities and rules of personnel policy realization in the system of the Ministry, based on the unity of views and methodological approaches towards the work with the personnel of the Ministry. The author uses general scientific methods (analysis and synthesis, generalization, deduction and induction, etc.) and special scientific methods: the comparative-legal method (the author studies the legislative regulations in the sphere of police service); and the analysis of the documents on the issue of the article. The author notes that the personnel policy of the Ministry of Internal Affairs is a part of the management system in the sphere of the Interior; its quality, systemity and consistency influence the efficiency of internal affairs bodies in general and the quality of the police work in particular. The issues of personnel policy are connected with enforcement of law, legality and provision of citizens' rights and freedoms. The Russian leaders and the Ministry of Internal Affairs pay special attention to the personnel policy issues in the internal affairs system.
Keywords:
staff, Ministry of Internal Affairs, policy, personnel, internal affairs bodies, service, official, technology, concept, result
Administrative legal regimes and local self-government
Reference:
Ziborov O.V.
Particular aspects of correlation between the notions "regime", "legal regime" and "administrative-legal regime"
// Administrative and municipal law.
2015. № 4.
P. 400-404.
URL: https://en.nbpublish.com/library_read_article.php?id=66318
Abstract:
The author analyzes the correlation between the notions "regime" and "legal regime", formulates his own attitude towards the methods of study of this legal category, analyzes the existing scientific opinions about the notion and the essence of legal regime. The author uses his own system of stydy of the notion and the features of legal regimes - from the definition of "legal regime" and "administrative-legal regime", which would include the descriptive-substantive characteristic of this legal phenomenon, the revelation and research of the features of this category demonstrating all the sides of "legal regime" and "administrative-legal regime" to the study of the essence and the features of the notions "legal regime" and "administrative-legal regime" by means of their comparison and comparative analysis with other legal categories. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in specific sociological research (the statistic method, expert assessments, etc.). The article describes the existing in legislation and in scientific works variants of use of legal regime definitions. The author notes that the notion "legal regime" is one of fundamental notions of legal science. It attracts the attention of scientists dealing with general legal categories of jurisprudence and administrative law. In the conclusion the author offers six typical approaches to the definition of the notion "legal regime".
Keywords:
regime, regime, law, regulation, impact, police, correlation, emergency, state, provision
Administrative law, municipal law and human rights
Reference:
Savos'kin A.V.
Types and peculiarities of citizens' appeals depending on the subject of will
// Administrative and municipal law.
2015. № 4.
P. 405-411.
URL: https://en.nbpublish.com/library_read_article.php?id=66319
Abstract:
The article analyzes the classification of citizens' appeals depending on the subject of will. The author considers the traditional individual and collective citizens' appeals, and the "new" organisations' appeals legalized by the amendments to the Federal Law "On the procedure of consideration of citizens' appeals" in 2013. The author studies the positive experience of collective appeals regulation on the local level, and the problem of explanation of the two-part construction used by the federal legislator: "citizens' associations including legal entities". The study is based on the general scientific dialectical method. The author uses the special methods: the historical method, the system-structural method, the formal-logical method, the logical and the comparative-legal method. Depending on the subject of will, Russian legislation allows separation of the following types of appeals: individual citizens' appeals, collective citizens' appeals, organisations' appeals. Normative definitions of these types are absent. Legal regulation of submission and consideration of these appeals should be declared insufficient. The analysis of the "new" type of appeals - organisations' appeals - established the absence of special submission requirements. The article provides the amendments to the article 4 of the Federal Law "On the procedure of consideration of citizens' appeals", which contain the normative definitions of appeals depending on the subject of will, and other suggestions aimed at the enhancement of legal regulation and practice of consideration of non-individual appeals.
Keywords:
appeal, right to appeal, applicant, individual appeal, collective appeal, legislation in the sphere of appeals
Public service, municipal service and issues in the fight against corruption
Reference:
Bukalerova L.A., Kuznetsova O.A.
On the issue of social danger of corruption activity
// Administrative and municipal law.
2015. № 4.
P. 412-417.
URL: https://en.nbpublish.com/library_read_article.php?id=66320
Abstract:
The highest level of social danger of corruption activity is unquestionable: firstly, nowadays corruption is an inevitable concomitant of all authorities execution, especially in the sphere of social goods distribution; secondly, the increase of corruption in society indicates the low efficiency of the existing measures of coercion and other forms of social control and prevention; thirdly, corruption, including its active aspect, is a dynamic, developing and various social phenomenon, and this fact determines a relative character of any scientific results of the study of this phenomenon and predetermines the perspectives of the future research. The article considers the particular criminological aspects of combating corruption. It reveals the forms and types of corruption; characterizes the causes and the consequences of corruption. The study of corruption as a social phenomenon is carried out in complex: using criminology, administrative, constitutional, public and labour law, political science, economics, and psychology. The authors come to the conclusion that the scale of criminogenic factors, determining the corruption activity nowadays, is not proportional to anti-corruption measures. The authors note that for an adequate assessment of corruption in Russia and application of effective measures of coercion, for revelation and prevention it is necessary to consider corruption not as a one-time case, but as a considered, illegal "custom of corruption business intercourse", and to admit that corruption is a serious scientific problem which should be solved within interdisciplinary approach.
Keywords:
corruption, corruption activity, state, bribe, offences, combating corruption, social danger, anti-corruption measures, authority, criminality