Reference:
Kurakin A.V., Karpukhin D.V..
The initial reasons for the revocation of a banking license of a credit institution in the context of constitutional legal proceedings
// Police and Investigative Activity.
2020. № 4.
P. 53-68.
DOI: 10.25136/2409-7810.2020.4.34603 URL: https://en.nbpublish.com/library_read_article.php?id=34603
Abstract:
Measures of administrative coercion have become widely used in the financial segment of economic relations. The revocation of a banking license of a credit institution is one of the most popular ones. The legal mechanism of this measure of administrative coercion has been in force for three years, but its analysis in the context of application to particular credit institutions reveals a range of fundamental problems connected with the clarification of the character, the role and the place of this measure within the system of administrative coercion. The authors analyze the problem of revocation of a banking license of a credit institution as it is described in the decisions of the Constitutional Court to find the key to the understanding the solution to these problems. The academic novelty of the research consists in the analysis of legal problems of using the measures of administration coercion in the banking system. The authors pay attention to the various functions of measures of administrative coercion in the banking system, and focus on such aspect as the revocation of a banking license of a credit institution. This measure is a form of administrative coercion combining the elements of prevention, constraint, and punishment of a credit institution. The authors note that the revocation of a banking license is one of the most serious measures of administrative coercion, and it is important to observe the constitutional principles of using it.
Keywords:
The Constitutional Court, recovery license, license, recovery, suppression, warning, predypgnee, Punishment, sanction, law
Reference:
Kurakin A.V., Karpukhin D.V..
Problems of legal confirmation of evidence of a control activity in the government sector
// Police and Investigative Activity.
2020. № 1.
P. 26-34.
DOI: 10.25136/2409-7810.2020.1.31395 URL: https://en.nbpublish.com/library_read_article.php?id=31395
Abstract:
The topicality of the research consists in the necessity to enhance the state’s control function aimed at the improvement of effectiveness of the internal and the external financial control for the purpose of prevention and extinction of misappropriation of state funds. One of the key tasks in this direction is the improvement of effectiveness of control activities in the finance sector. Evidentiary material is the fundamental category of law. However, whilst the problem of evidence has been thoroughly studied within law-enforcement legal process, it has been considered only superficially within control legal process, and hasn’t been scientifically studied yet. The authors use the system method; the structural-functional method, which helps to detect the essence of the key elements of the evidentiary process; the components of sociological methodology basically aimed at the development of substantiation of the assessment of the modern state of legal regulation of control activities and confirmation of evidence. The purpose of the research is to consider the evidence used during control activities by the officials of the Accounts Chamber and the Federal Treasury with the aim to analyze the equality of the material definitions formulating them and the real procedural forms. The research object is social relations emerging during control activities of the internal and the external financial control involving the Federal Treasury and the Accounts Chamber. The research subject is legal provisions regulating the process of gathering and confirmation of evidence during control activities by the officials of the Federal Treasury and the Accounts Chamber. The practical importance of the research consists in the formulation of suggestions for the improvement of legal provisions regulating the control process in the financial sector.
Keywords:
act of control measures, procedural registration, inspector, financial sphere, control action, evidence, protocol, victim's testimony, testimony, financial control
Reference:
Khadiatulina T.A..
Improvement of the mechanism of financial support for the Federal Bailiffs' Service of Russia
// Police and Investigative Activity.
2015. № 3.
P. 26-44.
DOI: 10.7256/2409-7810.2015.3.15562 URL: https://en.nbpublish.com/library_read_article.php?id=15562
Abstract:
The object of the research is the mechanism of the federal authorities financing.The subject of the research includes the financial relations developing in the federal bodies of state power over the formation and use of budgetary funds.The author studies the features of the formation and the efficient use of financial resources of the federal authorities and evaluation of the quality of public services.The article considers the problem of the mechanism of financial support of a public authority (for example, the Federal Bailiffs' Service of Russia). Particular attention is paid to the analysis of financial activity of the Federal Bailiffs' Service with the aim to identify the problems and trends in the use of financial resources of the federal authorities.The author uses the following methodological approaches: the general scientific (systems, materialistic) and the methods of scientific cognition (analysis, synthesis, system comparisons).In the result of a quantitative analysis of graduate students' readiness for the public service on the basis of a sample survey of 200 senior students of two higher education institutions in the city of Kaluga (the Financial University under the Government of the Russian Federation and the Russian Presidential Academy of National Economy and Public Administration) the author concludes that students are only interested in the wage rate on public service. The 3/4 of the students could not answer the question "what do you think will help you realize your public service ambitions fully?".The author comes to the conclusion about the necessity to improve the legislation about law enforcement and the bailiffs' service in terms of the bailiffs' workload, their rights and responsibilities, and other criteria.
Keywords:
power, state authority, federal bailiffs' service, activity effectiveness, activity efficiency, public service, public administration, finances, executive authority, budget