Theory and science of administrative and municipal law
Reference:
Petyukova O.N.
Recent problems of state-confessional relations regulation in the science of administrative law
// Administrative and municipal law.
2015. ¹ 8.
P. 762-768.
URL: https://en.nbpublish.com/library_read_article.php?id=66794
Abstract:
The scientific article uses the analysis of complex scientific works, including monographs, dissertations, and legal acts. The author describes the doctrinal approachs to the mechanism of legal regulation of state-confessional relations in the science of administrative law; identifies the key issues of freedom of conscience legal support. Particular attention is paid to the characteristics of the concept "state-confessional relations."At present there is a shortage of legal research based on the objective analysis of the complex of normative legal acts of the federal, regional and municipal level and the practice of church-state interaction.The methodology of the research is based on the dialectical method of cognition. The paper presents the analysis of studies carried out by scientists working in the sphere of administration. In order to integrate the methodological approaches of different disciplines the author considers the works of constitutionalists, theorists of law, works in the field of history, political science, and economics devoted to the problems under consideration. The author carries out the content-anaysis of legal documents.The author claims that at present there is no adequate mechanism of state-confessional cooperation on a wide range of socially important issues aimed at promotion of a stable civil peace and harmony in the society for national security purposes.The author notes that the concept of "state-confessional relations" is contained only in six active federal legal acts. The author substantiates the necessity of doctrinal legalization of the grounds of state-confessional policy on the level of federal legislation.
Keywords:
religious organizations, public administration, public authorities, science of administrative law, legal regulation, freedom of conscience, state-confessional relations, legislation, law, problems of legal regulation
Public and municipal service and the citizen
Reference:
Zanko T.A.
Peculiarities of federal service in trade missions of the Russian Federation
// Administrative and municipal law.
2015. ¹ 8.
P. 769-779.
URL: https://en.nbpublish.com/library_read_article.php?id=66795
Abstract:
The study analyzes legal rules regulating federal civil service in trade missions of the Ministry of economic development of the Russian Federation. The article summarizes the stages of formation of trade missions, analyzes the modern system of foreign economic activity management, as well as the conditions and procedures of admission to the civil service in trade missions, qualification requirements for knowledge and skills, the peculiarities of service schedule, remuneration of labor and the procedure of certification and qualification examination. The study uses the historical, legal, structural and functional methods which provide a comprehensive study of aspects of federal civil service in trade missions. The analysis reveals the features of legal regulation of federal civil service in trade missions of the Ministry of economic development, in particular, special aspects of competitive selection, requirements for knowledge of foreign languages, supply in rubles and in foreign currency, procedure of vacation granting, as well as provision of additional state guarantees.
Keywords:
state guarantees, Ministry of economic development, trade missions, foreign service, civil service, public service, Government, Ministry of foreign affairs, executive authority, President
Administrative, municipal law and federal structure of the state
Reference:
Smirnova V.V.
Legal and organizational problems of implementation of the principle of equality of regions of the Russian Federation
// Administrative and municipal law.
2015. ¹ 8.
P. 780-791.
URL: https://en.nbpublish.com/library_read_article.php?id=66796
Abstract:
The subject of the research includes the legal and organizational problems of implementation of the principle of equality of regions of the Russian Federation. The object of the article is a range of social relations connected with the development of Russian federalism. The author considers such issues as determination of the competence of regions of the Russian Federation; peculiarities of territorial administration; problems of regional separatism and extremism prevention. Special attention is paid to the constitutional and administrative-legal regulation of the alignment of the organizational-legal status of regions of the Russian Federation. The author uses general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods and the methods used in special sociological research (statistics, expert assessments, and others).The author concludes that at present Russian federalism has moved to a new level of development, all the necessary constitutional, legal and administrative means of its strengthening and formation have been created. The specific contribution of the author consists in the formulated amendments to the Constitution of the Russian Federation concerning the strengthening of constitutional and legal foundations of Russian federalism. In particular, it is proposed to change a number of complex regions of the Russian Federation. The novelty of the research lies in the proposals aimed at the improvement of legal and institutional framework of Russian federalism in connection with the introduction of two new regions of the Russian Federation.
Keywords:
administration, district, capital, equality, status, region, Constitution, federalism, republic, oblast
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Chvyakin V.A.
Educational cluster of universities and practical consultative-psychological and legal work with the youth as a social base for juvenile and administrative delinquency prevention in Russia
// Administrative and municipal law.
2015. ¹ 8.
P. 792-797.
URL: https://en.nbpublish.com/library_read_article.php?id=66797
Abstract:
The article presents the information, important from the viewpoint of administrative juvenile delinquency. The object of the research is deviant behavior of minor offenders and juveniles inclined to committing offences. The subject of the research is a range of social and psychological peculiarities of a personality and individual psychological traits of character (accentuations), the structure of which determines the moral regulation of behavior, the value orientations of the personality of a juvenile and the peculiarities of its deviant behavior. The paper shows that in a socio-psychological relation deviant behavior of juveniles is a very important problem. Deviant behavior is typical for most of minors and is considered by many researchers as an age-specific norm of behavior. On the other hand, deviant behavior causes a risk of the development of socio-abnormal deformations of a person when deviant behavior is dangerous for other people. The extreme variant of it is a delinquent, i.e. unlawful behavior of minors committing crimes of different weight. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological studies (the statistical methods, expert assessments, etc.). At present juvenile delinquency is characterized by impudence, cynicism and the absence of moral regulations of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important in a socio-psychological relation, proves the need to use more actively the measures of social control as a normative regulator of behavior and personal goal-setting of minor offenders.
Keywords:
behavioral responses, psychological consulting, patriotic education, youth, Moscow area, higher education, cluster, delict, prevention, crime
Liability in administrative and municipal law
Reference:
Admiralova I.A.
Administrative-jurisdictional policing in provision of rights and freedoms of citizens
// Administrative and municipal law.
2015. ¹ 8.
P. 798-805.
URL: https://en.nbpublish.com/library_read_article.php?id=66798
Abstract:
The subject of the article is a range of legal and organizational problems of police activity in the sphere of implementation of the legislation on administrative offences. The object of this article includes public relations arising during the exercise of administrative jurisdiction by the police. The author considers the problem of provision of rights and freedoms of citizens in the respective sphere of activity, draws attention to the problems of use of coercive measures against citizens. Special attention is paid to the provision of rights and freedoms of citizens in the police proceedings on administrative offences.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in special sociological research.The author proposes the ways of improvement of organization and implementation of the administrative-jurisdictional policing, especially in the provision of rights and freedoms of citizens. The specific contribution of the author consists in proving of the necessity to suspend the registration of administrative offences automatically, at least while there are technical malfunctions. The novelty of the research consists in the fact that the author proposes to extend the practice of sentencing below the minimum limit, it will meet the principle of humanism.
Keywords:
coercion, control, police, officer, complaint, protocol, stage, process, jurisdiction, responsibility
Liability in administrative and municipal law
Reference:
Teryukov E.O.
On some peculiarities of administrative investigation of administrative offences in the sphere of town building
// Administrative and municipal law.
2015. ¹ 8.
P. 806-810.
URL: https://en.nbpublish.com/library_read_article.php?id=66799
Abstract:
The author studies the difficulties of administrative investigation use which, in the author’s opinion, consist in the fact that certain norms of the Federal Law # 294 “On the protection of rights of legal persons and entrepreneurs during state and municipal review” and the Code of Administrative Offences of the Russian Federation are practically equal and cause a certain resemblance of the reasons for organization of an unplanned inspection and administrative investigation causing the preference of one of them depending on the decision of a controlling unit in each particular case. The author uses a complex approach of dialectical materialism, the systems analysis and the normative-legal method. The subject of the research is a normative-legal regulation of administrative investigation in administrative procedure in the sphere of town building. The author supposes that a more precise legislative decision about delimitation of the procedures of an unplanned inspection and administrative investigation could promote the optimization of legal regulation of supervisory activity, strengthening of law and order and decrease of corruption in the activities of controlling units.
Keywords:
administrative investigation, unplanned inspection, administrative liability, town building, offences in the sphere of town building, Administrative investigation, controlling units, supervisory activities, administrative offence, legitimate interests
Liability in administrative and municipal law
Reference:
Khurtin D.O.
Public liability for copyright infringement
// Administrative and municipal law.
2015. ¹ 8.
P. 811-815.
URL: https://en.nbpublish.com/library_read_article.php?id=66800
Abstract:
Intellectual property is an important component of spiritual and economic life of society, in this regard the state must ensure the comprehensive protection of intellectual property rights. The subject of this article is the question of public liability for copyright infringement. The purpose of the article is to analyze the criminal offenses and administrative offenses in this sphere and to reveal the deficiencies of legal regulation of public liability for copyright infringement. The work uses the methods of analysis, analogy, modeling, study of legal norms and law-enforcement practice. In the result the author identifies a number of illegal actions which violate copyrights but can't be regulated by the norms of legal or criminal legislation. The author proposes the amendments to the Code of Administrative Offences of the Russian Federation which can provide the comprehensive copyright protection by means of public law.
Keywords:
plagiarism, copyright, intellectual property, related offenses, criminal liability, administrative liability, public liability, changes in legislation, exclusive rights, offence
Administrative process and procedure
Reference:
Tadzhibov V.R.
Administrative proceedings and their principles in the police activities
// Administrative and municipal law.
2015. ¹ 8.
P. 816-823.
URL: https://en.nbpublish.com/library_read_article.php?id=66801
Abstract:
The subject of the research is a range of legal and organizational problems of proceedings on administrative offences in police. The object of the research includes social relations connected with implementation of the principles of proceedings on administrative offences in police. The author considers the procedural principles of the proceedings, paying attention to the necessity of improvement of a range of common principles. Special attention is paid to the principle of the presumption of innocence; the author notes that the Code of Administrative offences of the Russian Federation doesn’t define this principle clearly enough. Thus, the paper offers the ways of administrative proceedings enhancement. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that administrative proceedings need to be improved, and the limits of the stages of these proceedings should be clarified. The author offers some methods which can improve the administrative proceedings in police. The novelty of the research is determined by the statement of the problem itself and the methodological grounds of its solution. The article proposes the ways of improvement of administrative proceedings in police.
Keywords:
administrative, jurisdiction, process, offence, implementation, police, proceedings, principle, Code of Administrative Offences, stage
Administrative legal regimes and local self-government
Reference:
Ziborov O.V.
Analysis of the emergency legislation in the works of Professor V.M. Hessen: «normal police powers»
// Administrative and municipal law.
2015. ¹ 8.
P. 824-829.
URL: https://en.nbpublish.com/library_read_article.php?id=66802
Abstract:
The subject of the article is a historical and legal analysis of the "emergency law". The author analyzes the so-called "normal police powers" outlined by Professor V. M. Hessen in the monograph "Exceptional situation". The object of the article is a comparative legal analysis of the emergency legislation of the early 20th century and contemporary Russian legislation.The article provides the historical background of V.M. Hessen's study of emergency legislation, and explains such a negative attitude of the author to this problem. The author uses his method of study of administrative coercive measures used by the police, both in everyday conditions and in conditions of martial law.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in the concrete sociological research.On the base of the research the author compares the regimes of "enhanced protection" and "emergency protection" provided by the Regulations of 1881. The author analyzes the police administrative coercive measures which in the conditions of martial law can be significantly expanded: police supervision, administrative detention, administrative expulsion and exile, the use of firearms. The novelty of the article is determined by those proposals that are developed in the course of the study. In particular, the author makes a conclusion about the inadmissibility of the transfer of powers of state authorities from the category of emergency powers to the category of normal and everyday.
Keywords:
management, prohibition, limitation, state, provision, exclusive, law, regime, emergency, situation
Administrative law, municipal law and human rights
Reference:
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P.
On the issue of personal traits of a subject of an administrative offence
// Administrative and municipal law.
2015. ¹ 8.
P. 830-837.
URL: https://en.nbpublish.com/library_read_article.php?id=66803
Abstract:
The subject of the research is a range of legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions on the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia.
Keywords:
motivation, coercion, sanction, punishment, delict, offence, trait, offender, personality, guilt
Administrative and municipal legal practice
Reference:
Kretov V.V.
On the foreign countries’ positive experience in the road sector legal regulation
// Administrative and municipal law.
2015. ¹ 8.
P. 838-846.
URL: https://en.nbpublish.com/library_read_article.php?id=66804
Abstract:
The subject of the research is the positive experience of foreign countries in the sphere of legal regulation of the road sector management. The research object is the system and the structure of executive authorities of Germany and the USA and the methods of their activity. Special attention is paid to the possibility of use of the positive experience of Germany and the USA for the development of the system and the structure of executive authorities of the road sector of the Russian Federation and the country’s road network. The author uses the systems method, the comparative-legal, formal-logical, historical and other methods. The scientific novelty of the study lies in the analysis of the system and the structure of the executive authorities of Germany and the USA functioning, their interaction with road users, and the order of adoption of the legislation regulating the use of highways and the road works, the responsibility of authorities in these countries.
Keywords:
road funds, financing, road users, authorities, road legislation, foreign countries, road activities, road sector, development programs, road construction
Administrative law, municipal law and the judicial branch
Reference:
Shutilina O.A.
JUDICIAL CONTROL AS A MECHANISM OF ADMINISTRATIVE CONTROL IN COMMON LAW COUNTRIES
// Administrative and municipal law.
2015. ¹ 8.
P. 847-852.
URL: https://en.nbpublish.com/library_read_article.php?id=66805
Abstract:
The scientific article seeks to analyze judicial review as a general administrative control process by looking generally at its common-law origins. The author defines the role of judicial review and the space for consideration of alternative ways of disputes settlement. The aim is to analyze the nature of judicial review and the peculiarities of its functioning. Through this, an appropriate place for the courts and judicial review can be determined, both constitutionally and institutionally, within an inclusive system of administrative justice. General scientific methods of cognition such as the methods of analysis, comparative methods, systems and structural methods, legal and technical research methods form the methodological basis of the article.An underlying assumption of this article is that judicial review is being used in a manner for which it was not designed. As a primary avenue of administrative justice, it fails to accord the level of justice that it should. The criticisms which relate to judicial review do so largely because it is being relied on to perform all the tasks which should be allocated to a larger and more integrated system of administrative law.
Keywords:
watchdog theory, Ultra Vires Doctrine, legality, merits review, administrative tribunals, judicial review, supervision, appeal, reasons, finality
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov P.A.
Quantitative indices of anti-corruption education effectiveness in corruption combating: legal regulation and classification
// Administrative and municipal law.
2015. ¹ 8.
P. 853-864.
URL: https://en.nbpublish.com/library_read_article.php?id=66806
Abstract:
The object of the research is anti-corruption education. The subject of the research is a range of quantitative indices characterizing the effectiveness of anti-corruption education as an instrument of corruption combating, contained in federal, regional and municipal normative legal acts. The aim of the study is to develop the system of indices characterizing the effectiveness of anti-corruption education. The main tasks of the research are: 1) to analyze and assess the main indices characterizing the effectiveness of anti-corruption education, contained in the existing Russian normative legal acts; 2) to systematize the existing indices characterizing the effectiveness of anti-corruption education; 3) to develop and suggest the author’s indices characterizing the effectiveness of anti-corruption education and to reveal their essence. The author uses the comparative-legal method, the structural and the systems methods of analysis of legal documents and other methods of the modern Russian jurisprudence. The scientific novelty of the research lies in the analysis of quantitative indices characterizing the effectiveness of anti-corruption education, contained in federal, regional and municipal normative legal acts. The described system of anti-corruption education effectiveness assessment can be used for the monitoring of efficiency of this instrument of corruption combating.
Keywords:
anti-corruption behavior, effectiveness indices, anti-corruption informing, anti-corruption legislation, anti-corruption consulting, anti-corruption education, anti-corruption policy, corruption combating, Corruption, anti-corruption activity
Administrative law, municipal law and the institutions of civil society
Reference:
Vorob'eva Yu.Yu.
Religious organizations as a civil society institution: peculiarities of legal status
// Administrative and municipal law.
2015. ¹ 8.
P. 865-871.
URL: https://en.nbpublish.com/library_read_article.php?id=66807
Abstract:
Constitutional state can’t be imagined without the developed civil society and no one doubts the importance of cooperation between them for the purpose of developing the country. Civil society mainly consists of autonomous voluntary unions, and religious organizations are among them. The questions of cooperation between the state and religious organizations are especially important in the conditions of exacerbation of religious extremism and the processes of demoralization in our society. However, the development of this issue is impossible without a clear understanding of religious organizations’ status. The innovations of the Civil Code of the Russian Federation influence this status. This article is dedicated to the analysis of the amendments to the Civil Code of the Russian Federation and their influence on religious organizations’ status. The normative base of the research contains federal laws. The methodology of the research is based on general scientific methods (the logical, the systems, the comparative methods) and special scientific methods (interpretation of legal norms, the structural-functional and the comparative-legal method). The novelty of the research lies in the analysis and consideration of the novels of the Civil Code and their influence on the status of religious organizations in the Russian Federation. The author concludes that the approach of the legislation to the characteristic of a legal status of public and religious organizations is not uniform. The regulations amended to the Civil Code haven't concretized the status of religious organizations. Many issues haven't been solved.
Keywords:
legislative novels, religious groups, state-confessional relations, legal entities, religious organizations, legal status, public associations, civil society, civil status, legislation improvement