Reference:
Rukoleev V.A., Savoskin A.V..
Request for information on the activities of the authorities: is there a need for separate regulation?
// Administrative and municipal law.
2024. № 5.
P. 36-49.
DOI: 10.7256/2454-0595.2024.5.71706 EDN: ERONAP URL: https://en.nbpublish.com/library_read_article.php?id=71706
Abstract:
The article is devoted to the study of the information request, its relationship with the traditional types of appeals. In particular, on the pages of this work, a comprehensive comparison of the request for information with the application is carried out, the place of the request for information is determined, its role in the existing system of citizens' appeals. The authors have made an attempt to understand the reasons for the existence of special regulation of information requests. The topic is relevant due to the fact that currently law enforcement practice indicates the lack of demand among the general population for such a type of appeal as a request for information, unlike traditional types of appeals. The chosen research topic has received great relevance due to the presence in the vast legal literature of a dispute about the need to unify the legal regulation of public relations related to the realization of the right to appeal and the right to information. The article reflects the positions "for" and "against" the elimination of largely duplicative legal norms. The subject of the study is the provisions of normative legal acts in the field of regulating the types of appeals, their submission and consideration in the exercise by citizens of the constitutional right to both appeal and information. Methodological basis of the research: to solve all the tasks set, general scientific and special legal methods were used, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), a systematic method, as well as a formal legal method can be distinguished. The scientific novelty of the study is due to the fact that it shows the current state of the normative consolidation of the institute of information request. According to the results of the study, the authors proposed to abandon the irrational accumulation of the legal array and exclude the norms on information requests from the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Governments" and the Federal Law "On Ensuring Access to Information on the Activities of Courts in the Russian Federation". In their opinion, the specifics of dealing with such appeals can be reflected in the Federal Law "On the procedure for considering appeals from Citizens of the Russian Federation." However, it is important to maintain a balance between the interests of the authorities and the rights of citizens to appeal and information in order to prevent unjustified restrictions on these rights.
Keywords:
legal regulation, the official, the authority, citizen, the right to appeal, the right to information, appeal, Request for information, information, intelligence
Reference:
Madatov O.Y..
Gender rights of citizens in Russian legislation and law enforcement practice
// Administrative and municipal law.
2024. № 4.
P. 28-48.
DOI: 10.7256/2454-0595.2024.4.71407 EDN: ZOCYEL URL: https://en.nbpublish.com/library_read_article.php?id=71407
Abstract:
Human rights and freedoms are the highest value in the Russian Federation, and their observance and protection is the responsibility of the State. Despite the constitutional consolidation of this provision, the equality of rights of men and women, as well as the prohibition of discrimination on the basis of sex, Russian legislation distinguishes the constitutional rights of women and men in certain aspects, taking into account the physiological characteristics of the former exclusively. Thus, legislators grant more rights and freedoms to some categories of people, and in some cases this preference imposes certain restrictions. In particular, the restriction of women's rights to work. The subject of the study is the norms of constitutional, civil and administrative law, other normative legal and judicial acts defining gender equality and inequality of citizens in the Russian Federation. The purpose of the study is to compare legislation and law enforcement practice in relation to men and women. In the course of the work, the following methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods. The study analyzes the basic constitutional rights of men and women, as well as the application of a gender approach in law enforcement. The novelty of the conducted research is the differentiation of gender constitutional rights of citizens, a comparison of the application of legislation to men and women depending on physiological characteristics, as well as a comparison of law enforcement practices applied to them in homogeneous processes. The analysis of the conducted research allowed us to establish that some of the legislative acts have gender discriminatory provisions. This is directly related to the fact that legislators take into account only the physiological characteristics of the female body, while the characteristics of the male body are ignored. Law enforcement practice in the gender aspect implies that men's rights are derived from the rights of women (whose rights are prerogative). In this regard, there is a need both for the development of law enforcement approaches and for the adoption (amendment) of legislative acts themselves, which should be based on the principle of equality of citizens' rights.
Keywords:
society and the state, public relations, rights and freedoms, gender discrimination, gender equality, civil law, administrative law, discrimination, national law, constitutional law
Reference:
Semin A..
Restriction of the right of civil servants to perform other paid work: the experience of the CIS member states
// Administrative and municipal law.
2024. № 2.
P. 14-23.
DOI: 10.7256/2454-0595.2024.2.43548 EDN: GQRKAH URL: https://en.nbpublish.com/library_read_article.php?id=43548
Abstract:
The article provides a comparative analysis of the legal regulation of the right of civil servants to perform other paid work in the CIS member states. The general grounds for restricting the right to work of civil servants in the Russian Federation were researched, differentiation of approaches to restricting the right to perform other paid work by state civil servants, military personnel and persons undergoing other types of public service was exercised, and a number of gaps in the current regulation were also identified. The experience of the Republic of Azerbaijan, the Kyrgyz Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Tajikistan, the Republic of Uzbekistan and Turkmenistan was studied. Within the framework of the work, both trends common to all the states under consideration were highlighted – for example, the restriction of the right to perform other paid work for all civil servants, the existence of exceptions and conditions for the exercise of this right, and unique approaches that can be borrowed for the further development of legislation on the civil service of the Russian Federation. The article is characterized by a comprehensive and systematic study of the experience of regulation of the issue of performing other paid work by civil servants of the CIS member states, and its scientific novelty consists in identifying 2 basic models of restricting the right of civil servants to work (part-time) and classifying the approaches adopted in the states under consideration in accordance with the proposed models.
Keywords:
civil servant, conflict of interest, restrictions and prohibitions, limitation of constitutional rights, right to work, employment relationship, CIS, civil service, military service, public service
Reference:
Rukoleev V.A..
The right of citizens to attend meetings of collegial authorities
// Administrative and municipal law.
2024. № 1.
P. 81-93.
DOI: 10.7256/2454-0595.2024.1.69930 EDN: VLZTTK URL: https://en.nbpublish.com/library_read_article.php?id=69930
Abstract:
This article is devoted to the study of the problems of regulation and prospects for the development of public relations related to the exercise of the right to attend meetings of collegial authorities. The topic is relevant due to the fact that law enforcement practice indicates massive violations of the right to attend meetings of government bodies. The reason lies in the incompleteness of legislative regulation. The legislator provided only basic, declarative norms. In their development, the authorities independently, taking into account their specifics and peculiarities of functioning, develop the procedure and rules for the presence of citizens at meetings. The subject of the study is the provisions of normative legal acts in the field of regulating the presence of citizens at meetings of collegial authorities, as well as judicial practice and existing scientific provisions on the studied issues. General scientific and special legal methods were used in the work, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), the systematic method, as well as the formal legal method can be distinguished. The scientific novelty is due to the fact that the work reflects the current state of the normative consolidation of the right of citizens to attend meetings of collegial authorities. Based on the results of the study, the author formulated proposals for improving legislation. In particular, to amend article 15 of the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Self-government bodies", providing: firstly, specifying the timing of informing citizens about the meeting appointed by the authority and the name of the sources using which it is necessary to inform, as well as the timing of contacting the authority about the intention to attend the meeting; secondly, to fix the inadmissibility of including in the agenda of one meeting issues containing information of open and limited access; thirdly, to unify the grounds excluding the possibility of attending meetings of authorities.
Keywords:
intelligence, legal acts, information, the meeting, appeal, presence, way, the authority, public relations, agenda
Reference:
Kurakin A.V..
Once again about a corruption disciplinary offense and issues of dismissal due to loss of trust of a civil servant
// Administrative and municipal law.
2023. № 6.
P. 21-38.
DOI: 10.7256/2454-0595.2023.6.68841 EDN: GQXQVV URL: https://en.nbpublish.com/library_read_article.php?id=68841
Abstract:
The author describes the concept of a disciplinary corruption offense, this issue is important from the point of view of the application of various disciplinary measures to counter corruption. The author notes that the importance of such a category as "corruption disciplinary offense" is predetermined by its functionality in determining methods of coercive influence for violation of anti-corruption legislation. Based on this, the paper formulates proposals on the need for legislative consolidation of such a category as "disciplinary corruption offense", as well as proposals for its differentiation. The paper notes that the problem of combating corruption is interdisciplinary in nature, in this regard, it is no coincidence that the legislation uses such a definition as "corruption offense", this position finds its support in the doctrine. The author identifies a corruption offense in the system, a disciplinary violation, which is the basis for dismissal due to loss of trust. The article considers such a category as dismissal due to loss of trust, this issue is important from the point of view of the application of various disciplinary measures used to combat corruption in the public service. The importance of such a category as dismissal due to loss of trust will be determined by its functionality in determining the optimal legal means of influence for committing disciplinary corruption offenses. Based on this, the paper formulates proposals concerning the definition of trust and distrust in the public service. The paper notes that the application of dismissal due to loss of trust should be an exceptional (rare) measure of disciplinary responsibility.
Keywords:
Dismissal, Punishment, Employee, Law and order, Effectiveness, Offense, Limitation, Responsibility, Trust, discipline
Reference:
Girfanova A.R..
Labor adaptation and vocational training as areas of social support for participants in a special military operation
// Administrative and municipal law.
2023. № 5.
P. 67-79.
DOI: 10.7256/2454-0595.2023.5.44197 EDN: IUWMWL URL: https://en.nbpublish.com/library_read_article.php?id=44197
Abstract:
The author consider aspects of measures of social support for combat invalids in the context of participation of citizens of the Russian Federation in a special military operation. The study pays special attention to the legal status of state civil servants of the Russian Federation who took part in a special military operation as part of conscription for military service on mobilization, as well as participation in volunteer formations. The author examines the novelties of domestic legal regulation in this and related fields. A number of scientific papers are also being considered, within the framework of which the effect of attracting veterans to civil service abroad is being investigated. Using comparative legal and formal legal methods, the author establishes the framework of current regulation and determines possible prospects for its development. Based on the conducted research, the author concludes that there is a need for an integrated approach to the labor adaptation of combat invalids and taking into account their merits and individual characteristics when forming the personnel of the public administration system in the Russian Federation. This article serves as a starting point for starting work on the study of the main areas of improvement of legal regulation in terms of determining the requirements and procedures of the mechanism for selecting the optimal position in order to maintain a balance between the public interests of society and the private interests of the employee.
Keywords:
legal regulation, labour legislation, financial arrangements, military service, support measures, legal status, disabled combatants, vocational training, labor adaptation, civil service
Reference:
Zanko T.A..
On determination of the deadlines with regards to restrictions arising after the dismissal of civil servants for loss of credibility
// Administrative and municipal law.
2021. № 5.
P. 9-14.
DOI: 10.7256/2454-0595.2021.5.35589 URL: https://en.nbpublish.com/library_read_article.php?id=35589
Abstract:
The subject of this research is the legal norms that regulate the consequences of bringing civil servants to responsibility in the form of dismissal due to loss of credibility. It is noted that the current norms of civil service legislation do not contain specific deadlines for restrictions upon the admission to civil service after dismissal for loss of credibility. It is also indicated that the exclusion of a citizen from the register of persons dismissed for loss of credibility does not prevent negative consequences such as failure to enter into civil service is indefinite per se. The author compares the sanctions that restrict the admission of individuals to civil service within the framework of disciplinary, administrative, and criminal responsibility. The main result lies in formulation of practical recommendations for the improvement of civil service legislation, namely clarification of the paragraph 10, of the Part 1 of the Article 16 of the Federal Law No. 79-FZ for determination of the term in which the restriction caused by dismissal for loss of credibility is imposed on the entry into civil service. The article also suggests the mechanism for admission to civil service of persons who have been dismissed for loss of credibility, with participation of the Commission for combatting corruption-related offences.
Keywords:
anti-corruption, executive power, corruption offense, restrictions, public administration, loss of trust, civil service, public service, legal status, legal responsibility
Reference:
Girfanova A.R..
Inclusiveness of labor and civil service activities in the EAEU member-states
// Administrative and municipal law.
2021. № 5.
P. 33-45.
DOI: 10.7256/2454-0595.2021.5.35665 URL: https://en.nbpublish.com/library_read_article.php?id=35665
Abstract:
Leaning on the analysis of the normative legal framework for facilitating the employment of persons with health limitations in the EAEU member-states, this article examines the mechanism of inclusion the disabled in civil service. The goal of this research lies in determination of trends and range of problems, search for successful cases, as well as objectification of possible prospects for the development of inclusiveness in terms of civil service relations. The author dwells on the existing legislation that regulates labor relations, social security, and public service; as well as the empirical data that allow forming a holistic representation on the situation in this sphere. The novelty of this work lies the assessment of current state and outlining the possibilities for inclusion of persons with disabilities in civil service of the group of post-Soviet countries. Refutation of the practice of assignment of quotas in civil service in the EAEU member-states does not entail the search for other options for development of inclusiveness of civil service relations. The conclusion is made that the solution to the problem of inclusiveness in civil service consists in the fundamental revision of the approach towards implementation of the policy of economic inclusion of persons with health limitations.
Keywords:
barrier-free environment, employer, competitive procedures, affirmative action, quotas, persons with disabilities, public service, unemployment, employment, Eurasian Economic Union
Reference:
Semin A..
The peculiarities of normative legal regulation of the official structure of civil service of the Republic of Kazakhstan
// Administrative and municipal law.
2021. № 5.
P. 46-57.
DOI: 10.7256/2454-0595.2021.5.36825 URL: https://en.nbpublish.com/library_read_article.php?id=36825
Abstract:
This article explores the peculiarities of legal regulation of the official structure of civil service of the Republic of Kazakhstan. The author determines the characteristic of the current stage of development of the institution of civil service, and conducts their assessment from the perspective of the impact of various models of arrangement and functionality of the system of civil service. Particular attention is given to the terminological framework and essential content of the key categories of this institution. The author differentiates the concepts of “state civil service of the Russian Federation”, “state service of the Republic of Kazakhstan, and “civil service of the Republic of Kazakhstan”. The application of comparative- legal and formal-legal methods allow establishing correlation between the political and administrative posts in civil service of the Republic of Kazakhstan on the one hand and state positions and positions of the civil service of the Russian Federation on the other hand; and public office and posts in civil service of the Russian Federation on the other hand. The conclusion is made on the substantial differences not only in the official structure of civil service, but in the official structure of public administration in both countries as well. The article also outlines a range of problems in the normative legal regulation of the official structure of civil service of the Republic of Kazakhstan. It is proven that the direct comparison of the official structures of public administration and civil service of the two countries is impossible due to significant difference in the terminological framework and general principles of formation of the official structures. Taking into account the common historical base – the uniform system of civil service of the Soviet Union, such a difference may testify to multidirectional trends in the development of the systems of civil service in the Russian Federation and the Republic of Kazakhstan.
Keywords:
models of public service, register of positions, public official, position, class rank, public office, organizational structure, civil service, civil servant, categories of positions
Reference:
Semin A..
Organizational structure of the state civil service of Russia in Russia during the XVI – XVII centuries
// Administrative and municipal law.
2021. № 3.
P. 47-58.
DOI: 10.7256/2454-0595.2021.3.35800 URL: https://en.nbpublish.com/library_read_article.php?id=35800
Abstract:
This article examines the organizational structure of the state civil service during institutionalization of the system of public administration in the XVI – XVII centuries. The author describes the characteristic traits of this stage of development of the civil service system as a whole, including the highly personalized nature of carrying service, narrow separation between civil and military service, as well as the presence of rank system that was applicable to both the government apparatus and the society. In this context, the author explores the key misinterpretations of the term “rank”, its partial conflation with the concept of “post”, and the absence of universal definition. Research is also conducted on correlation between the organizational structure of the civil service and the class composition of the Tsardom of Russia, which has proven the possibility of separating the system of ranks of public servants from the unified social hierarchy. Special attention is given to the clerical service and its organizational structure: comparison of the status of clerical servants with the elements of the legal status of modern civil servant considering this type of service as the closest prototype of the state civil service. The basic traits of the clerical service include professional character, rigid hierarchy, stability, enforcement nature of activity, additional rights and responsibilities. The author highlights the key role of the concept of “rank” as the characteristic of the position of am individual within service hierarchy, used to for creating a prototype of the organizational structure of the state civil service. The scientific novelty consist in determination of the characteristic features of the organizational structure of civil service as whole, and state civil service in particular, which prove the existence of the developed, although non-unified hierarchy that later provided the framework for the reforms of Peter the Great. This confirms the gradual and consistent, rather than revolutionary nature of the transformations introduced by the Table of Ranks. Such approach gives a more comprehensive perspective upon the evolution of the institution of organizational structure of the state civil service.
Keywords:
class rank, position, military service, rank, organizational structure, civil service, state apparatus, title, estate, prikaz
Reference:
Semin A..
The Soviet period of development of legal regulation of the civil service grade structure
// Administrative and municipal law.
2021. № 2.
P. 1-9.
DOI: 10.7256/2454-0595.2021.2.34879 URL: https://en.nbpublish.com/library_read_article.php?id=34879
Abstract:
This article examines the evolution of approaches towards creation and regulation of the civil service grade structure in the Soviet Unions. The author describes the logically differentiated stages, as well as the general provisions of the approaches, namely the refusal to separate the official of the state apparatus from all employees of the sectors of the national economy, and simultaneous substitution of the state apparatus for the party apparatus. The author outlines the trajectories of development of the civil service system as a whole and the state civil service as its part. Special attention is given to the attempts of creating a hierarchical system of personal ranks. The development of the institution of nomenclature is reviewed separately. The conclusion is made on underdevelopment of the administrative legal institution of the civil service in the Soviet Union, due to the absence of uniform approach towards regulation of the civil service grade structure. The attempt to create the civil service grade structure were unsystematic, did not distinguish between the officials of the state apparatus and the servants employed in the national economy; there were also no fundamentally different approached towards understanding the grade structure – on various stages, the base unit of building a hierarchical system were the categories “post” and “personal rank/title”. The author indicates no correlation between the personal ranks, military ranks, and ranks of the internal affairs bodies.
Keywords:
state apparatus, qualification requirements, position, class rank, nomenklatura, organizational structure, civil service, title, civil servant, category of post
Reference:
Trofimov E.V., Garsia S.D..
Anti-corruption declaring in public service: comparative legal research in the ethical paradigm
// Administrative and municipal law.
2020. № 6.
P. 10-30.
DOI: 10.7256/2454-0595.2020.6.33600 URL: https://en.nbpublish.com/library_read_article.php?id=33600
Abstract:
Leaning on the analysis of legal sources of Russia, a number of European and Asian countries, South and North America, this article explores the institution of anti-corruption declaring in public service. The goal consists in substantiation of methodological approaches, which would allow, with a certain degree of accuracy in the context of ethical paradigm, comparing the integral Institution of legal regulation of anti-corruption declaring in different countries, as well as utilizing these approaches in comparative legal research based on Russian and foreign materials for determination of substantial differences that require scientific comprehension and practical response. As a result of the conducted research, the author acquired data on several indicators of trust as an service-ethical purpose for disclosure of personal information by public officials, namely by volume of the disclosed personal information, nature of the source of the declared records, openness of declarations and their verifiability. Foreign declaring traces two main approaches: service-ethical and instrumental. In Russia, the Institution of declaring is of clear instrumental nature, which raises a question of the prospects for implementation of service-ethical approach, first and foremost, with regards to release of declarations of the officials. This question should depend on the actual goals of national policy.
Keywords:
comparative jurisprudence, government ethics, public service, information disclosure, declaring, anti-corruption, administrative law, methodology, public trust, civil control
Reference:
Averyanova M.I., Gusev A.Y..
Social security of state civil servants in form of insurance
// Administrative and municipal law.
2020. № 4.
P. 25-44.
DOI: 10.7256/2454-0595.2020.4.32750 URL: https://en.nbpublish.com/library_read_article.php?id=32750
Abstract:
The subject of this research is the legal norms and law enforcement practice in the area of social security of civil servants trough implementation of insurance mechanism. The object of this research is insurance as a special organizational-legal form of social security of the citizens. A detailed analysis is conducted on the various forms and types of insurance (compulsory and voluntary, social and state), offered by a legislator in social security of this category of employees. Special attention is given to the compulsory state social insurance, its legal nature, peculiarities of medical insurance of civil servants. The scientific novelty consists in carrying out a summarized analysis of the development and current state of legal regulation and law enforcement practice on the questions of establishment and implementation of insurance mechanisms of social security of civil servants. It is determined that the right of civil servants to social security is exercised mostly through implementation of various forms and types of insurance mechanisms of heterogeneous sectoral nature. The compulsory state social insurance is envisaged only with regards to civil and municipal servants, and represents a subtype of compulsory social insurance. There is a need for legalization of this concept by means of introduction of corresponding amendments to social-insurance legislation. Compulsory state insurance also has the key features of social-security relations, which allows viewing it as one of the organizational-legal forms of the system of social security. The author suggests regulating the question of insurance coverage of civil servants on the federal level in case of infliction of harm to their life and health while on service, as well as pass a law on medical insurance of public servants.
Keywords:
compulsory state insurance, compulsory insurance, insurance, terminology, civil servant, guarantees, social security, compulsory social insurance, voluntary insurance, health insurance
Reference:
Dobrobaba M.B..
To the question of efficiency of disciplinary responsibility within the system of public service
// Administrative and municipal law.
2020. № 3.
P. 13-26.
DOI: 10.7256/2454-0595.2020.3.32662 URL: https://en.nbpublish.com/library_read_article.php?id=32662
Abstract:
The subject of this research is the problem of efficiency of disciplinary responsibility within the system of public service. The practice of implementation of the institution of disciplinary responsibility testifies to the fact that the indexes of calling public officials to a disciplinary account in the recent years remain at stable high level, which in turn requires clarification of the causes for such position and determination of ways to eliminate them. The goal of this study consists in the theoretical comprehension of the category of “efficiency” applicable to legal provision of disciplinary responsibility within the system of public service, as well as identification of the components of efficiency of disciplinary responsibility and criteria for assessing efficiency of this legal institution. Operating under the target concept of efficiency of legal responsibility, a conclusion is made that efficiency of disciplinary responsibility within the system of public service represents a legal category that reflects correlation between the result of disciplinary responsibility and its goals by achieving positive impact upon public service relations. It is determined that the components of efficiency of disciplinary responsibility within the system of public service are: efficiency of legal regulation and efficiency of law enforcement practice. The factors impacting the efficiency components include the following: legal consciousness, and legal culture of public servants, and subjects of disciplinary jurisdiction, as well as the state of service discipline within the government apparatus. Assessment of the efficiency of disciplinary responsibility of public servants should be based on criteria such as actual efficiency, substantiation, reasonableness, and usefulness.
Keywords:
concepts of efficiency, effectiveness of disciplinary responsibility, effectiveness of legal responsibility, effectiveness of legal norms, efficiency, disciplinary responsibility, public service, legal regulation, law enforcement, performance criteria
Reference:
Kireeva E.Y..
Municipal Service Development Programs: From the Norm to the Action
// Administrative and municipal law.
2018. № 9.
P. 10-17.
DOI: 10.7256/2454-0595.2018.9.24663 URL: https://en.nbpublish.com/library_read_article.php?id=24663
Abstract:
The subject of this research is the regional and municipal legal acts that regulate the municipal service programs, and practical implementatin of these acts in particular Russian Federation constituents and municipal units. Within the framework of this research, the author has covered the main tasks of municipal units that are aimed at improvement the HR service at municipal units and has outlined efficiency indicators that are usually used by the municipal service development programs. In conclusion, the author describes the main issues that need to be solved in this sphere. Based on the comparative law analysis of the Russian Federation constituents' legislation and municipal legal acts, the author defines the most typical approaches to defining the structure and content of policy documents in the sphere of municipal service. As a result of her research, Kireeva defines the following trends and peculiarities in the sphere of the legal regulation of municipal service development programs. 1. There is a certain growth in the number of development programs undertaken by municipal units. 2. Along with the description of particular targets and objectives, the programs also contain an analysis of the actual situation in the HR development at municipal units and offer efficiency criteria. 3. The most typical activities regulated by the program include adoption of municipal regulations in the sphere of municipal service, professional training of municipal officers, anti-corruption measures and improvement of HR procedures at municipal units. local, municipality, staffing, personnel, development, program, service, municipal, self-governing
Keywords:
local, municipality, staffing, personnel, development, program, service, municipal, self-governing, unit
Reference:
Grigorev I.V., Kripak M.V..
Particular Features of Disciplinary Liability of Public Employees for Corruption Offences
// Administrative and municipal law.
2018. № 5.
P. 1-10.
DOI: 10.7256/2454-0595.2018.5.26604 URL: https://en.nbpublish.com/library_read_article.php?id=26604
Abstract:
The article is devoted to particular problems of the legal regulation of disciplinary liability of state officials in case they violate the anti-corruption law. The authors of the article analyze particular elements of the legal status of officials that are of anti-corruption nature. They outline the problems that relate to a possibility of imposing a punishment on state officials, in particular, dismissal as a result of the loss of confidence. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation regarding bringing state officials to disciplinary liability. The methodological basis of the research included general research methods such as systems analysis and generalisation of normative, scientific and practical guidelines; as well as special research methods, in particular, comparative law method, technical legal method, and etc. The novelty of the research is caused by the fact that it presents an integral research of legal issues that relate to disciplinary responsibility of state officials. One of the most important results of the research is the authors' recommendations on improving the current law on corruption of state officials and analysis of current law enforcement practice on the matter.
Keywords:
functional audit check, disciplinary sanction, a disciplinary offence, disciplinary punishment, liability of public employees, public employee, civil service, legal regulation, corruption counteraction, loss of confidence
Reference:
Baldina A.S..
On the issue of introduction of qualification criteria for inspectors of federal supervisory bodies of executive authorities
// Administrative and municipal law.
2017. № 10.
P. 41-48.
DOI: 10.7256/2454-0595.2017.10.24275 URL: https://en.nbpublish.com/library_read_article.php?id=24275
Abstract:
Professional performance of tasks and functions, imposed on government bodies, by public servants should be considered as the key prerequisite of effective performance of a certain type of government service. High proficiency of inspectors of federal supervisory bodies of executive authorities is an important condition of effectiveness of supervisory activity. The research subject of this article is the topical question about the possibility to introduce qualification criteria for inspectors of federal supervisory bodies of executive authorities. Special attention is given to the legal status of inspectors of such bodies. The research methodology is based on general scientific methods (analysis, induction, deduction) and specific research methods (formal-legal, comparative-legal), which are traditionally used in Russian jurisprudence. The author concludes that the problem of introduction of qualification criteria for inspectors can be solved only in the context of system optimization of supervisory bodies and their powers and significant reduction of forms of supervisory activities. The author defines general qualification criteria, which are proposed to be considered as elements of the general legal status of inspectors of federal supervisory bodies of executive authorities, which perform supervisory duties.
Keywords:
qualification criteria, qualification, staff of inspectors , inspector, supervisory bodies, supervisory activity, public servant, public service, reference book of qualification criteria, legal status
Reference:
Baldina A.S..
Regulatory bodies staffing improvement on the basis of recommendations for public servants’ professional development
// Administrative and municipal law.
2017. № 4.
P. 59-68.
DOI: 10.7256/2454-0595.2017.4.22754 URL: https://en.nbpublish.com/library_read_article.php?id=22754
Abstract:
Regulatory bodies staffing in modern Russia is one of the key, and at the same time, poorly studied, elements of state control. The research subject is regulatory bodies staffing improvement mechanism in the context of the reform of control and supervision activities. The author considers such aspects of the topic as the increase of professional competence of public servants, since the development of social relations determines the necessity to improve professional knowledge, skills, and competence of public officials. The research methodology is based on the dialectical method of cognition. The author also uses the methods of analysis, analogy and study of legal norms. The author comes to the following conclusions: firstly, it is important to develop recommendations for public servants’ professional development by means of periodical professional training in their field of work; secondly, it is necessary to create the system of psychological support of personnel management in regulatory bodies; thirdly, it is necessary to involve public servants in various research and practice events; fourthly, it is necessary to use information technologies in control and supervision activities.
Keywords:
state control mechanism, personnel management, professional development, professional competence, regulatory bodies, staffing, public servant, control and supervision activity, administrative reform, professional competence
Reference:
Kuyanova A.V..
Problems of legal regulation of legal relations in the field of public servants’ right to career progression in the Russian Federation
// Administrative and municipal law.
2017. № 1.
P. 24-29.
DOI: 10.7256/2454-0595.2017.1.21319 URL: https://en.nbpublish.com/library_read_article.php?id=21319
Abstract:
The paper studies the specificities of career progression in civil service in the Russian Federation. The article contains the author’s opinion about the problems of legal regulation of relations in the field of career progression of civil servants in the Russian Federation. The paper contains the results of the sociological research, carried out in 2016, confirming the author’s position on the considered problem of career progression of civil servants in the Russian Federation. Based on the analysis of the legislation in the sphere of civil service, the author formulates the principles of career progression in civil service. The research methodology includes the empirical method based on the sociological research results, their analysis and the subsequent proposals. The article demonstrates the author’s position on the issue of career progression of civil servants in the Russian Federation; contains the proposals about the career progression of civil servants and the author’s conclusions.
Keywords:
civil service grade, career progression, civil servant , civil service post, evaluation, appointment to a post, candidates pool, competition, equal access principle, civil service
Reference:
Kuyanova A.V..
Legal features of a public servant in the Russian Federation
// Administrative and municipal law.
2016. № 12.
P. 969-973.
DOI: 10.7256/2454-0595.2016.12.68521 URL: https://en.nbpublish.com/library_read_article.php?id=68521
Abstract:
The research subject includes the legislative provisions about public service in the Russian Federation and the juridical literature, defining the legal features of a public servant in the Russian Federation. The research object is social relations, emerging in the process of public service in the Russian Federation, aimed at defining the set of legal features of a public servant in the Russian Federation. The author considers such features of a public servant as: 1) Russian citizenship; 2) 18 years of age; 3) command of the Russian language; 4) compliance with the requirements of the public service position; 5) possession of the notice of assignment to a public service position and the work contract; 6) carrying out of activities according to the service instructions; 7) financial allowance, paid from the federal or the local budget.
The research methodology includes the technical and juridical method of commenting, scientific systematization and doctrinal interpretation of legal norms using formal logic. The author applies general philosophical, theoretical and empirical methods. The author concludes that the legislative consolidation of the term “public servant” doesn’t detail its content, since it doesn’t allow for all features, typical for a public servant in the Russian Federation. The author’s contribution consists in the definition of typical legal features of a public servant in the Russian Federation and their thorough analysis, based on the provisions of Russian and foreign legislation.
Keywords:
financial allowance, service instructions, work contract, assignment to a position, compliance with competence requirements, command of the official language, citizenship, age, legal features of a public servant, public servant
Reference:
Trunina E.V..
The issues of legality and justness of a customs bodies service contract dissolution
// Administrative and municipal law.
2016. № 9.
P. 738-745.
DOI: 10.7256/2454-0595.2016.9.68114 URL: https://en.nbpublish.com/library_read_article.php?id=68114
Abstract:
The research subject is legal regulation of the procedure of conclusion of a contract on service in customs bodies and the judicial practice of consideration of official disputes connected with the termination of a labor contract. The main attention is paid to the problems of renewal (non-renewal) of a service contract. The paper analyzes the circumstances, demonstrating the broad limits of administrative discretion of the heads of customs bodies in the renewal of service contracts, which, in the author’s opinion, lead to the intensification of a subjective factor in official relations and to the unjust and uncontrolled dismissals. The research methodology is based on general scientific methods (dialectics, analysis and synthesis) and specific ones (formal-legal, system-structural and comparative-legal). The author argues that the contract basis of service in customs bodies shouldn’t allow for an unrestricted approach to the conditions of contracts conclusion and the absence of clear and precise requirements to the conditions of their conclusion. The author states the absence of a positive judicial practice of consideration of disputes over the appeal from the dismissal of customs bodies officers upon the service contract termination, therefore, in the author’s opinion, it is necessary to pay particular attention to the regulation of contracts renewal. The author supposes that dismissal affects female officers, whose contracts are not renewed after their maternity leave, most of all. The author declares the necessity to regulate the procedure of conclusion of a service contract and develops the proposals about the establishment of a procedure of contract conclusion and dismissal, aimed at the prevention of turnover of the professional personnel in customs bodies of the Russian Federation.
Keywords:
term, contract, employee, head of a customs body, public service, customs body, court, authority, dismissal, post
Reference:
Zanko T.A..
On the issue of changing the procedure of granting vacation to federal public servants
// Administrative and municipal law.
2016. № 7.
P. 555-558.
DOI: 10.7256/2454-0595.2016.7.67943 URL: https://en.nbpublish.com/library_read_article.php?id=67943
Abstract:
The article analyzes the changes in the legislation on public service related to the procedure of grating and the terms of annual vacation in the context of adoption of the Federal Law No 176 of 2 June 2016 “On amending the articles 45 and 46 of the Federal law “On public service in the Russian Federation”. The author studies not only the prerequisites of adoption of this law, but also the process of its discussion and adoption, and the consequences of its application. The author uses historical and formal legal methods which ensure the complex study of the evolution of the legislation on public service related to the conditions of annual vacations granting. The author reveals the peculiarities of changes of legal regulation of the process of public service, particularly, the version of the article 46, part 3 of the Federal Law No 79, establishing the common length of an annual paid basic leave – 30 calendar days, instead of the former differentiated approach. The author ascertains that the changes relating to an additional leave for a non-standard work day are conditioned by the necessity to introduce a legislative restriction of its length and to avoid the possibility of establishing excessively long terms of the additional leave for a non-standard work day by means of regulatory lawmaking.
Keywords:
public service system, public service reform, legal regulation, official schedule, social guarantees, non-standard work day, paid leave, public service, civil service, legislative process
Reference:
Baldina A.S..
Theoretical aspects of occupational retraining and skills improvement of public servants
// Administrative and municipal law.
2016. № 4.
P. 282-286.
DOI: 10.7256/2454-0595.2016.4.67624 URL: https://en.nbpublish.com/library_read_article.php?id=67624
Abstract:
A continuing professional education in the sphere of public service is a key factor of an administrative reform, and is central to the system of personnel training for public administration. The research subject includes various aspects of employment education and skills improvement of public servants. The author attempts at studying the legal framework regulating the sphere of employment education of public servants and revealing the gaps in the legal regulation of this sphere. The research methodology is based on the dialectical research method. The author applies the methods of analysis, analogy and legal provisions studying. The author detects the gaps and collisions in legal regulation of the sphere of a continuing professional education of public servants. On the base of the analysis of the legal base and law enforcement practice, the author offers the ways of eliminating the existing legal gaps in the current legislation of the Russian Federation in this sphere.
Keywords:
programs of continuing education, training, skills improvement, occupational retraining, system of continuing education, state order, public servants, final state certification, official state documents, professionalism of public servants
Reference:
Lapina M.A..
Systematization of positive administrative procedures as a factor of openness and efficiency of the state civil service
// Administrative and municipal law.
2016. № 1.
P. 13-20.
DOI: 10.7256/2454-0595.2016.1.67334 URL: https://en.nbpublish.com/library_read_article.php?id=67334
Abstract:
The subject of the article is the range of theoretical problems of the institutions of administrative process, the problems of legal regulation of positive administrative procedures, used by executive authorities, performing administrative and regulatory functions. At the same time, in the Russian Federation there is no progressive and consistent development of the administrative process system. Since the Soviet period, there has been the institution of administrative jurisdiction, exercised mainly through the Code of Administrative offences of the Russian Federation. Since September 15, 2015, the Code of Administrative legal proceedings is functioning, together with the institution of administrative justice. However, the institution of administrative procedures is still fragmentary; its conceptual system hasn’t been developed yet. Positive administrative procedures are created, as a rule, by the public authorities implementing them. The country has a cumbersome and ineffective system of administrative procedures. The methodological basis of the article is formed by the current achievements of epistemology. The author apples the general philosophical and the systems methods, analysis, synthesis, analogy, deduction, the traditional legal methods (formal-logical and comparative-legal), and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that it is necessary to revive the ideas of creation of codified administrative-procedural legislation, promoting openness and efficiency of the executive authorities and civil servants. The main contribution of the author is the conclusion about the necessity to develop the institution of positive administrative procedures. The novelty of the study consists in the proposals about the development of the institution of administrative procedures.
Keywords:
authorities, functions, administrative activities, state civil servants, executive authorities, administrative procedure, administrative process, administrative regulations, systematization, openness
Reference:
Zheleznyakova E.A..
Public service as a socio-legal institution: the guarantees of civil servants
// Administrative and municipal law.
2015. № 10.
P. 1015-1021.
DOI: 10.7256/2454-0595.2015.10.66963 URL: https://en.nbpublish.com/library_read_article.php?id=66963
Abstract:
The article examines the legal regulation of socio-legal protection of civil servants. The author demonstrates the shortcomings of the legal system within the public administration and the ways of their elimination.The modern stage of state-building in Russia is directly linked to the social and legal protection of civil servants. The system of state guarantees of civil servants is currently in the condition of instability caused by administrative reforms, the lack of a unified government policy, federal and regional peculiarities of development of the system of state guarantees. The system of material and financial guarantees today is a working system, thus enhancing the prestige of public service as a social and legal institution. Methodological basis of research comprises the historical interpretation and comparative study of law, logic, formal and doctrinal interpretation of law. The author also uses the general scientific methods: abstraction, elementary-theoretical and structural analysis, modeling, cognition of the object by identifying its essential characteristics. All methods are applied within the framework of the systems approach. The scientific novelty of this study is that the real work represents one of the first attempts of a comprehensive analysis of the institution of public service in the modern anti-crisis legislation. For the effective functioning of public service it is necessary to provide the proper conditions for high-quality execution by public officials of their official (service) duties and the formation of ideology influencing the development of public administration. Resource support of public servants should be carried out through: further development of the flexible, socially oriented system of professional training of citizens, adequate to the needs of the state civil service; improvement of training of civil servants on the basis of program-target approach to the organization of education of various position groups; development of institutions of additional education which use the most effective professional education programs and technologies of training; methodological support of professional training of civil servants, personnel retraining for the public service; improvement of normative-legal regulation of relations between the representatives of the employer and civil servants; the formation and strengthening of state control over the civil service; the establishment of a real system of certification, retraining and advanced training.
Keywords:
authority, public service, government, legislation, legal regulation, public servant, social guarantees, administrative reform, ideology, reform
Reference:
Meshcheryagina V.A..
Constitutional right to appeal as an element of maintaining the balance between the interests of a person, the society and the state
// Administrative and municipal law.
2015. № 9.
P. 891-897.
DOI: 10.7256/2454-0595.2015.9.66877 URL: https://en.nbpublish.com/library_read_article.php?id=66877
Abstract:
The article considers the constitutional right to appeal as a legal form of dialectical correlation between the interests of the state, the society and a person. The author outlines the range of unsettled theoretical-legal and practical questions, hindering the development of institution of the constitutional right to appeal in the Russian Federation. The author puts forward concrete suggestions about the enhancement of legislative regulation of the institution of the constitutional right to appeal and the renewal of the system of public management in general. The author applies the general scientific and the special scientific methods of research, including the systems method, synthesis, the normative-logical approach, analysis, deduction, induction and other methods. The author comes to the conclusion about the need for legitimation and explanation of the notion “petition” in federal legislation; establishment of instance for pre-trial appeals thus obliging a citizen to address an appeal primarily to municipal authorities and municipal branches of public bodies; obliging a citizen to notify the fact of copying the same appeal to several government bodies and other organizations.
Keywords:
personal interest, public interest, legislative initiative, Petitions, legal interest, appeal, right to appeal, referendum, The Constitutional Court Of Russia, collective appeals
Reference:
Evstafiadi Ya.K..
Position as a fundamental element of the structure of civil service
// Administrative and municipal law.
2015. № 9.
P. 898-905.
DOI: 10.7256/2454-0595.2015.9.66878 URL: https://en.nbpublish.com/library_read_article.php?id=66878
Abstract:
The author analyzes the legal nature and the content of a law-enforcement service position in the public service system of the Russian Federation. The article defines the essence of the concept of "position" as an element of public service, its legal status and its importance for the formation of any kind of public service. The author considers the provisions of legal regulation of law enforcement service in the Russian Federation. Attention is paid to the problems of the current Federal law "On public service of the Russian Federation" and the draft Federal law "On judicial service of the Russian Federation". The author uses the systems method, the dialectical, comparative-legal and formal-logical methods. The novelty lies in the establishment of differences between the law-enforcement service positions and the positions in civil and military service; the consideration of the distinctive features of these types of service; the revelation of the nature of a law-enforcement service position; the analysis of the existing problems in defining of the concept and the content of a law-enforcement service position. The conclusions of the research helped to form the features and peculisrities which characterize the position of a state law enforcement service as a fundamental element of the system of law enforcement service.
Keywords:
law-enforcement bodies, competency, position, public position, law-enforcement service, public service, professional, unity, structural unit
Reference:
Zanko T.A..
Peculiarities of federal service in trade missions of the Russian Federation
// Administrative and municipal law.
2015. № 8.
P. 769-779.
DOI: 10.7256/2454-0595.2015.8.66795 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
Reference:
Kurganov N.A..
Municipal service in Russia: problems of theory and organization
// Administrative and municipal law.
2015. № 7.
P. 658-663.
DOI: 10.7256/2454-0595.2015.7.66655 URL: https://en.nbpublish.com/library_read_article.php?id=66655
Abstract:
The object of the research is a range of social relations in the sphere of organization and service in municipal bodies of the Russian Federation. The subject of the research is the definition and the limits of municipal service in the Russian Federation. The author studies the issues of international practice of service regulation, development of the legislation about public and municipal service in the Russian Federation. Special attention is paid to the institution of positions on municipal service. On the base of the empirical data the author formulates the suggestions about the enhancement of the existing legal acts. The methodology of the research is based on the complex of the general scientific and the special methods of cognition: the systems method, the sociological and comparative-legal methods, the methods of shift from the abstract to the concrete and from the general to the specific. In the result of the research the author outlines the problem aspects of municipal service at the recent stage of development. The author suggests the ways of theoretical-legal and organizational grounds of municipal service in Russia enhancement, particularly, it is offered to institute a special category of positions in municipal authorities - the positions prone to corruption risks – establishing a special legal status for this category.
Keywords:
official, classification of municipal officials, municipal official, position of municipal service, service, municipal service, corruption risks, local government, municipal bodies, positions register
Reference:
Polevets I.M..
Correlation between military service and other forms of federal public service
// Administrative and municipal law.
2015. № 6.
P. 530-537.
DOI: 10.7256/2454-0595.2015.6.66568 URL: https://en.nbpublish.com/library_read_article.php?id=66568
Abstract:
The subject of the research covers the existing forms of public service in the Russian Federation, the basic principles of the system of public service creation and functioning, the role of these forms of public service. The author attempts to define the existing forms of public service and its features. The aim of the author is to consider the existing system of legal regulation of the forms of public service; to compare the social safeguards of particular forms of public service; to establish common approaches to military and law-enforcement service taking into account the conditions of the service. The author carries out the comparative analysis of the existing legal regulations of public service which furthers the revelation of common principles of public service functioning and correlation between the particular forms of service. The author reveals the interdependence of military service and other forms of federal public service. It is based on the unity of the whole system of public service in the Russian Federation and common approaches to the principles of creation and functioning of the system of public service in the Russian Federation. The author states that the federal law on law-enforcement service hasn’t been adopted yet; it causes legal ambiguity in defining the bodies of public authority, exercising law-enforcement functions.
Keywords:
law-enforcement, armed forces, principles, legal regulation, peculiarities, military service, forms, service, interdependence, correlation
Reference:
Mitrokhin V.V..
Service in the bodies of Internal Affairs as a form of a federal public law enforcement service
// Administrative and municipal law.
2015. № 5.
P. 436-442.
DOI: 10.7256/2454-0595.2015.5.66437 URL: https://en.nbpublish.com/library_read_article.php?id=66437
Abstract:
The author states that the formation of a modern and effective public service of the Russian state is one of priority directions of reforms taking place in administrative and political sphere of public service. At present the organization of public service within the system of Internal Affairs of the Russian Federation and its personnel policy don’t meet the requirements of socio-economic development of the country. The consequences can be seen almost in all spheres of life: in economics, financial activities, social sphere, science and culture, in internal and international affairs, defense and security. The research is based on the presented grounds. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Public service in general and service in the bodies of internal affairs in particular, is an essential element of the modern Russian state. Public service of any kinds and forms is always aimed at implementation of the state policy and the state functions. Therefore, public service as a political institution is directly dialectically connected with the state and, thus, is an interim link between a citizen and a public servant implementing any state functions.
Keywords:
service, servant, official, Ministry of Internal Affairs, police, bodies of internal affairs, contract, rights, responsibilities, state
Reference:
Polovets I. M..
Specific Features of Military Service
// Administrative and municipal law.
2014. № 11.
P. 1133-1141.
DOI: 10.7256/2454-0595.2014.11.65674 URL: https://en.nbpublish.com/library_read_article.php?id=65674
Abstract:
The subject matter of research is the specific features of military service in the Russian Federation, the set
of the attributes characteristic of the military service as a type of federal public service. The objectives of the work are
as follows: to consider the attributes specific of the military service by which the military service may be differentiated
from any other type of public service; to give a brief description of such attributes taking into consideration the rules of
the current laws; to identify the key differences between the military service and the civil public service, and the special
type of the military service. The comparative analysis of the rules of the current laws on military service which makes it
possible to identify the attributes typical of the military service and underlining the special status of the military service.
The research established that the majority of the above listed distinctive features of the military service are of a special
nature. The key differences between the military service and the civil public service lie in the purpose of such types of
public service, in the functions performed and objectives achieved by them. The unique feature of the military service is
performance by the military servant of specific functions in order to procure the defense and security of the Russian Federation
using special methods and applying, or possibly applying, instruments of war (weapons and military machinery)
with the opponent which are required under the federal laws. The special features of the military service are expressed in the fact that, taking into account the detailed regulation by laws and rules of the military service relationships, it does
not always appear possible to establish (identify) the course of action of the military servant in a certain situation, in
particular, during the conduct of action, which also emphasizes the special status of the military service.
Keywords:
specific features, military service, attributes, special type, responsibility, payments, allowances, specifics, service conditions, security.
Reference:
Chernogorov, D.A..
Public service and official.
// Administrative and municipal law.
2014. № 8.
P. 749-755.
DOI: 10.7256/2454-0595.2014.8.65257 URL: https://en.nbpublish.com/library_read_article.php?id=65257
Abstract:
The institution of an “official” in the sphere of public administration has been drawing attention of scientists of
various generations. The theoretical fundamental for the studies of the institution of “official” were brought forth in the
scientific works of the state law scholars of late XIX and early XX centuries. The institution of “official” became the center
of attention starting from 1990s. This period of time may be characterized with the intensive reforms of the institution
of the public services and administrative delict legislation. This is the period when there are attempts to substantiate the
need to develop the uniform interdisciplinary definition of an “official” and to find the ways to clarify its administrative
legal contents. The methodological basis for the scientific article was formed by the current achievements of the theory
of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics,
systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal
logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Currently the
Russian legislation on the public service is undergoing the process of its formation. In spite of the measures implemented
in the late years, it still is not possible to achieve appropriate quality of legal regulation of the relations regarding public
service. There are unresolved problems regarding the corruption in the sphere of public service, lack of modern methods
for planning the works of state servants, etc.
Keywords:
service, official, function, competence, person, corruption, public character, administration, law, obligation. Administrative and municipal law: business, economics, and finances.
Reference:
Chernogorov, D.A..
Official as a subject of administrative law.
// Administrative and municipal law.
2014. № 7.
P. 626-637.
DOI: 10.7256/2454-0595.2014.7.65173 URL: https://en.nbpublish.com/library_read_article.php?id=65173
Abstract:
The ongoing objective processes in the life of the Russian state and society require development of many provisions
in the Russian legal studies. Studying the administrative legal status of an official within the system of state service
relations is one of such issues. There is a developed tradition in the sphere of studying the institution of public service in
the Russian legal literature, both in the past and currently. However, there are no modern theoretical works devoted to
the comprehensive studies of definition and contents of administrative legal status of an official. At the same time both in
the theory of administrative law and in the administrative legislation there is a large number of topical issues regarding
the legal provisions and regulation of administrative legal status of an official, having negative impact upon the practical
activities of the officials of the state government bodies. The methodological basis for the scientific article was formed
by the current achievements of the theory of cognition. In the process of studies the author used general philosophical,
theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling),
traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical,
expert evaluation, etc.). One of the conditions for the formation of the rule-of-law democratic state in the Russian Federation
is the presence of an efficient system of public administration. Economic situation in the state and the general
well-being of the people both are significantly dependent upon the organization of administration of important spheres
of social life. At the same time it cannot be doubted that efficiency of functioning of the public administration is defined
by the organization of the state apparatus and the officials as its administrative cadres.
Keywords:
status, person, official position, service, servant, official, function, influence, regulation, law.
Reference:
Grishkovets, A.A..
Disqualification of state civil servants.
// Administrative and municipal law.
2013. № 12.
P. 1122-1138.
DOI: 10.7256/2454-0595.2013.12.63630 URL: https://en.nbpublish.com/library_read_article.php?id=63630
Abstract:
The article concerns legal and organizational problems regarding implementation of an administrative
punishment in the form of disqualification of state servants. The author pays attention to a number of topical
issues regarding application of disciplinary punishments, providing theoretical and practical examples, regarding
guarantees of lawfulness and discipline within the system of state civil service, then formulating the propositions
for the amendments into the current legislation. The issue of improving the quality of state administration in
Russia is quite topical, and it is hardly imaginable that it can be done without the improvement of the mechanism
of legal responsibility of state servants, including those in civil service. Analysis of the changes in the legislation
of the late years, and first of all, the Federal Law of July 27, 2004 N. 79-FZ “On Civil State Service in the Russian
Federation” and the Administrative Offences Code of the Russian Federation of 2001 allows to refer to two main
vectors of development: administrative and disciplinary, with obvious preference for the first one over the latter
one. However, it is doubtful that such a n attitude is viable. The p osition of the author is that t he mechanism
of legal responsibility of state servants should be developed by improving its disciplinary element, including widening the scope of disciplinary punishments and detailed regulation of disciplinary procedure.
Keywords:
service, servant, official, system, punishment, disqualification, procedure, control, implementation, problem.
Reference:
Slepkova, O.A..
Classification of the types of anti-corruption expertise of normative legal acts and
drafts of normative legal acts of the Federal Customs Service of the Russian Federation.
// Administrative and municipal law.
2013. № 12.
P. 1168-1173.
DOI: 10.7256/2454-0595.2013.12.63635 URL: https://en.nbpublish.com/library_read_article.php?id=63635
Abstract:
The article is devoted to classification of types of anti-corruption expertise of normative legal acts and
drafts of the Federal Customs Service of the Russian Federation. The topicality of this issue is due to the fact that
it was not adequately studied within the theory of administrative law. The author analyzes the views of various
legal scholars on the issues of classification of anti-corruption expertise of normative legal acts and drafts of such
acts. Based upon the study the author offers her own criteria for the classification of anti-corruption expertise
of normative legal act and draft normative legal acts of the FCS of the Russian Federation. At the current stage
of development of the Russian society it is recognized at the state level that Russia faces large-scale corruption,
which causes grave harm to social and economic well-being of the state and security of the state. Currently, an
efficient measure against corruption is anti-corruption expertise of normative legal acts and drafts of normative
legal acts. Establishing specific features of interaction among the elements of anti-corruption expertise of
normative legal acts and draft normative legal acts is an important issue in its studies.
Keywords:
customs, document, draft, expertise, corruption, factor, discretion, expert, opinion, responsibility, principle.
Reference:
Kabanov, P.A..
Definition of anti-corruption advertisement as a legal category: a regional aspect.
// Administrative and municipal law.
2013. № 11.
P. 1045-1050.
DOI: 10.7256/2454-0595.2013.11.63394 URL: https://en.nbpublish.com/library_read_article.php?id=63394
Abstract:
In this article for the first time in the Russian legal science the author provides a comparative legal study
of phenomenon of anti-corruption advertisement as universal means of anti-corruption propaganda aimed to form
anti-corruption world-view and behavior. Taking into account the means of legal regulation of anti-corruption advertisement
at the regional level, the author provides structural analysis of this matter. He singles out the following
substantial elements of anti-corruption advertisement: a) contents — distribution of anti-corruption advertisement;
b) consumers of anti-corruption advertisement — individuals capable of perceiving ant-corruption information; c)
main goal of anti-corruption advertisement is to attract attention of the population to the problems of fighting corruption
and formation of anti-corruption world view and anti-corruption behavior. Based upon the analysis of the key
elements of anti-corruption advertisement the author offers his own definition of this instrument of anti-corruption
policy as a legal category.
Keywords:
corruption, advertisement, social advertisement, fighting corruption, anti-corruption prophylactics, anti-corruption propaganda, anti-corruption advertisement, anti-corruption campaign, anti-corruption information.
Reference:
Komakhin, B.N..
Administrative and legal directions of development of professional activities of state
servants.
// Administrative and municipal law.
2013. № 7.
P. 713-718.
DOI: 10.7256/2454-0595.2013.7.62971 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.
Reference:
Slyusareva, T. G..
Problems of Defining Borders of Administrative Discretion of Public Officials
// Administrative and municipal law.
2013. № 4.
P. 327-332.
DOI: 10.7256/2454-0595.2013.4.62536 URL: https://en.nbpublish.com/library_read_article.php?id=62536
Abstract:
At the present time the problem of defining the borders of administrative discretion in state officials’ activities
is becoming very important. Analysis of the criteria for defining the borders of administrative discretion and their
proper determination will limit corruption and abuse in the system of civil service. Administrative regulations, the
level of financial funding and additional professional training will also help to specify the borders of administrative
discretion of public officials.
Keywords:
state service, administrative law, administrative discretion, law-enforcement, borders of administrative discretion, criteria, abuse, corruption, administrative regulation.
Reference:
Khodyrev, A. A..
Organizational and Legal Forms of Public Service in France Within the Framework of
Administrative Regime
// Administrative and municipal law.
2013. № 4.
P. 332-336.
DOI: 10.7256/2454-0595.2013.4.62537 URL: https://en.nbpublish.com/library_read_article.php?id=62537
Abstract:
The article is devoted to the analysis of organizational and legal forms of implementation of public service
(le service public) in France within the framework of administrative regime, i.e. under conditions of co-existence
of the two spheres of national law order, private law and administrative law. As a part of administrative regime,
public administration activities were literally excluded from the scope of private laws, for instance, French Civil
Code of 1804. Consequently, when disputes arise between private persons and public administration, there is always
a question whether the public authority agent has acted within the framework of administrative law or private
law. In the first case, administrative court will be a competent authority, and in the second case — the general
jurisdiction court. The author conducts a detailed analysis of the question about delegation of public service based
on the dichotomy between general (private law) regime and administrative regime through examples of public
concession and affermages.
Keywords:
public service, public order, administrative regime, administrative jurisdiction, delegation of public service, concession, public activities, agreement, administrative court, affermage.
Reference:
Komakhin, B. N..
On the Question about State Civil Service Procedures as a Part of Modernization of State
Management
// Administrative and municipal law.
2012. № 9.
P. 25-32.
DOI: 10.7256/2454-0595.2012.9.61393 URL: https://en.nbpublish.com/library_read_article.php?id=61393
Abstract:
The article is devoted to the legal and organizational grounds of state civil service procedures. The author
of the article points out the problems encountered on the way of development of information technologies in the system
of legal regulation of civil relations. The article also points out the variety of social relations formed due to staff
resourcing of civil activity performed by state civil officers.
Keywords:
service, innovation, staff, officer, control, system, procedure, enforcement, regulation, activity, prohibition, restriction, contest, attestation.
Reference:
Kokarev, E.A..
Administrative legal characteristics of the legislation of the Russian Federation on Cossacks in
1990s.
// Administrative and municipal law.
2012. № 7.
P. 20-25.
DOI: 10.7256/2454-0595.2012.7.61194 URL: https://en.nbpublish.com/library_read_article.php?id=61194
Abstract:
The article is devoted to the issues of administrative and legal regulation of the renaissance of Cossacks in
Russia in 1990s. The author views the specific features of the very first acts on the relations between the Cossacks and the state. The author offers his own list of periods of formation and legal regulation of renaissance of the Cossacks in
Russia.
Keywords:
government, Cossacks, Cossack, power, united organization, management, rehabilitation, service, development, army.
Reference:
Komakhin, B.N..
Administrative legal and private legal regulation of information and innovation relations in the
system of state service
// Administrative and municipal law.
2012. № 7.
P. 25-35.
DOI: 10.7256/2454-0595.2012.7.61195 URL: https://en.nbpublish.com/library_read_article.php?id=61195
Abstract:
The article is devoted to the organizational and legal grounds for the information guarantees of state service.
The author then shows the problems in the way of development of information technologies in the system of service
relations. The article contains references to various social relations, which are formed in connection with the information
guarantees of service activity of state officers of various government bodies.
Keywords:
service, innovation, cadres, officer, control, system, information, guarantees, regulation, activity, prohibition, limitation.
Reference:
Kozhevnikov, O.A..
Absolute compliance to the legal principles of state service as one of the ways to raise the level
of authority of the state in the minds of the citizens of the Russian Federation
// Administrative and municipal law.
2012. № 7.
P. 36-40.
DOI: 10.7256/2454-0595.2012.7.61196 URL: https://en.nbpublish.com/library_read_article.php?id=61196
Abstract:
The main goal of this article is to attempt to achieve scientific and practical understanding of the meaning
and role of legal principles in organization and functioning of the state service. Based on the analysis of particular
principles the author then makes a conclusion on the direct correlation between the level of implementation of principles
of state service and the level of trust of people towards the state power and its bodies.
Keywords:
Constitution, Russia, state service, legal principles, legality, professionalism, constitutional rights and freedoms, state, state power, society.
Reference:
Komakhin, B. N..
On the Question about Information and Innovation Support of Civil Service
// Administrative and municipal law.
2012. № 6.
P. 35-42.
DOI: 10.7256/2454-0595.2012.6.59568 URL: https://en.nbpublish.com/library_read_article.php?id=59568
Abstract:
The article is devoted to the legal and organizational issues of information support of civil service and points
out certain problems interfering with the development of information technologies in the system of work relations. The
author of the article underlines the variety of social relations formed due to information support of official behavior of
civil officials at different state agencies.
Keywords:
service, innovation, staff, civil servant, control, system, information, support, regulation, activity, prohibition, restrictions.
Reference:
Chernogorova, D. A..
Origins of Legislation and Legal Doctrine about Officials
// Administrative and municipal law.
2011. № 11.
P. 88-91.
DOI: 10.7256/2454-0595.2011.11.58915 URL: https://en.nbpublish.com/library_read_article.php?id=58915
Abstract:
Based on the analysis of a wide range of legal acts and doctrinal sources, the author of the article describes
evolution of the term ‘official’ in Russian legal system.
Keywords:
civil service, civil officer, official, administrative and legal status, responsibility, obligation.
Reference:
Malysheva, M. N..
Peculiarities of the Municipal Service Legislation in the Russian Federation
Constituents within the North-Caucasian District
// Administrative and municipal law.
2011. № 9.
P. 44-48.
DOI: 10.7256/2454-0595.2011.9.58729 URL: https://en.nbpublish.com/library_read_article.php?id=58729
Abstract:
The article analyzes the municipal service legislation in the Russian Federation constituents within
the North-Caucasian District. The author of the article describes the legal regulation of the status of officials,
municipal service, ratio of the positions in state and municipal services, supplementary guarantees
granted to municipal officials in the RF constituents. The author also articulates issues concerning the
competence of the Russian Federation constituents in the sphere of legal regulation of municipal service.
Keywords:
service, self-government, municipality, Dagestan, Ingushetia, Kabardino-Balkaria, North Ossetia, Karachayevo-Cherkessia, official.
Reference:
Malysheva, M. N..
Legal Nature of Municipal Service and Legal Status of a Municipal Officer in the Russian
Federation
// Administrative and municipal law.
2011. № 5.
P. 48-52.
DOI: 10.7256/2454-0595.2011.5.58285 URL: https://en.nbpublish.com/library_read_article.php?id=58285
Abstract:
The article exposes the author’s approach to composition of a legal status of a municipal officer. The author
analyzes approaches to definition and content of a legal status of a municipal officer existing in Russian municipal law.
It is concluded that a legal status of a municipal officer is connected with a legal status of a municipal office and includes
the target, organizational, competence and guarantee components.
Keywords:
self-government, municipal, officer, service, status, rights, responsibilities, government, administration, municipality
Reference:
Antoshina, N. M..
On Monitoring of Legislative Execution of the Russian Federation Law on State Civil Service
// Administrative and municipal law.
2011. № 4.
P. 43-48.
DOI: 10.7256/2454-0595.2011.4.58129 URL: https://en.nbpublish.com/library_read_article.php?id=58129
Abstract:
The article studies the legal and organizational issues of carrying out a monitoring of legislative exaction of
the law on civil service. The author of the article describes priorities of development of such a monitoring as well as
suggests certain ways to make it more efficient.
Keywords:
monitoring, service, state institution, creation of regulatory acts, legislation, quality, status, reform, institution, methods, act.
Reference:
Chukichev, Yu. V..
Retrospective Analysis of the Russian Law on Responsibility for Illegal Participation of
Civil Officers in Entrepreneurial Activity.
// Administrative and municipal law.
2011. № 2.
P. 8-13.
DOI: 10.7256/2454-0595.2011.2.57936 URL: https://en.nbpublish.com/library_read_article.php?id=57936
Abstract:
The article describes stages of development of law on responsibility for participation of civil officers in entrepreneurial
activity. It is noted that illegal participation of officers in entrepreneurial activity can be viewed as a
form of corruption. This is the reason why state institutions have always paid attention at this aspect of law during
each stage of their development in history.
Keywords:
responsibility, officers, service, corruption, malversation, powers, institution, criminal law expert, law book, punishment, entrepreneurship
Reference:
Miroshnichenko, Ya. V..
Improvement of Legal Regulation of Performing Civil Law Enforcement
Service at Custom Authorities of the Russian Federation.
// Administrative and municipal law.
2011. № 1.
P. 8-17.
DOI: 10.7256/2454-0595.2011.1.57910 URL: https://en.nbpublish.com/library_read_article.php?id=57910
Abstract:
The article considers the issues of improvement of legal regulation of performing civil law enforcement
service at custom authorities of the Russian Federation. The study of these issues allowed the
author to specify the scope of the problems which need to a legal regulation.
Keywords:
civil service, law enforcement service, custom authorities, official, custom official, improvement of legal regulation, civil law enforcement service at custom authorities, status
Reference:
Miroshnichenko, Ya. V..
Peculiarities of Administrative Legal Status of Civil Officers at Custom Authorities of the Russian Federation.
// Administrative and municipal law.
2010. № 12.
P. 17-23.
DOI: 10.7256/2454-0595.2010.12.57772 URL: https://en.nbpublish.com/library_read_article.php?id=57772
Abstract:
The article considers peculiarities of administrative legal status of civil officers at custom authorities of the Russian Federation. The research allowed to carry out a comparative analysis of administrative legal status
of state civil officers and Russia’s custom officers. This, in its turn, enabled to indicate the issues of carrying out such activities on the basis of civil service at custom authorities of the RF as well as to make suggestions on improvement of the existing legislation related to the matter.
Keywords:
civil service, state civil service, law-enforcement service, custom authorities, official, custom authority official, administrative legal status, peculiarities of administrative legal status
Reference:
Tregubova, E. V., Krivonosov, A. N..
On the Question of Improvement of Enforcement of Administrative Prohibitions in the System of Civil Service.
// Administrative and municipal law.
2010. № 12.
P. 24-29.
DOI: 10.7256/2454-0595.2010.12.57773 URL: https://en.nbpublish.com/library_read_article.php?id=57773
Abstract:
The article generalizes the experience of the study of administrative prohibitions in the system of civil service. The authors of the article reveal the essence and meaning of administrative prohibitions in the system of civil service and study the dialectical connection between the mechanism of realization of a civil relationship
and the mechanism of enforcement of administrative prohibitions.
Keywords:
prohibition, restriction, service, order of law, legality, discipline, civil officer, behavior at work, stages of a civil relationship, mechanism
Reference:
Akulov V.I., Solomatina E.A..
Administrative Legal Regulation of Civil Service in Germany.
// Administrative and municipal law.
2010. № 11.
P. 10-17.
DOI: 10.7256/2454-0595.2010.11.57733 URL: https://en.nbpublish.com/library_read_article.php?id=57733
Abstract:
The article contains a general analysis of a modern civil service in Federal Republic of Germany with a glance to the most recent administrative reforms in the country. The authors of the article also studied the administrative law status of a German civil servant and gave a general classification of civil servants of Germany.
Keywords:
Germany, Federal Republic of Germany, civil service, electronic government, civil servant, ranks, classification, authorities, requirements, system, status
Reference:
Kostennikov M.V., Kuleshov G.N..
Administrative Information Support of State Civil Service.
// Administrative and municipal law.
2010. № 11.
P. 17-22.
DOI: 10.7256/2454-0595.2010.11.57734 URL: https://en.nbpublish.com/library_read_article.php?id=57734
Abstract:
The article is devoted to legal and organizational problems of information support of civil service as well as professional activity of a civil servant. Moreover, the article also considers the problems of reinforcement of rights and responsibilities of a civil servant.
Keywords:
civil service, officer, support, information, private information, status, rights, responsibilities, information protection, holder of a right
Reference:
Antoshina, N.M..
Topical issues of improving efficiency and productivity of state service and professional service activities of state servants.
// Administrative and municipal law.
2010. № 10.
P. 32-39.
DOI: 10.7256/2454-0595.2010.10.57638 URL: https://en.nbpublish.com/library_read_article.php?id=57638
Abstract:
the author studies the problems of formation and introduction into practice of functioning of state service of some criteria of efficiency and results of professional activities of state servants. Much attention is paid to issues of establishing necessary criteria in official documents in state bodies. The author offers her own model for evaluating results of work of state servants.
Keywords:
state service, state servant, markers of efficiency and results of professional activities of state servants, system of payment based on results, administrative rules, principles of result-relation in the activities of state servants, criteria for the eva
Reference:
Tregubova, E.V..
Administrative and legal forms of implementation of prohibitions within the system of state service.
// Administrative and municipal law.
2010. № 10.
P. 40-45.
DOI: 10.7256/2454-0595.2010.10.57639 URL: https://en.nbpublish.com/library_read_article.php?id=57639
Abstract:
The article is devoted to administrative legal prohibitions within the mechanism of regulation of state service
relation, as well as to differentiation of norms of administrative law on legal prohibitions in the system of state service in the Russian Federation.
Keywords:
prohibition, state service, system, forms of implementation of prohibition, forms, contents, relations, implementation of administrative legal norms, performing, following the norms
Reference:
Chukichev, Y.V..
Responsibility of state officials for unlawful participation in entrepreneurial activity.
// Administrative and municipal law.
2010. № 10.
P. 45-48.
DOI: 10.7256/2454-0595.2010.10.57640 URL: https://en.nbpublish.com/library_read_article.php?id=57640
Abstract:
The article is devoted to “problems of punishment” of officials for “unlawful entrepreneurial activity”. The author establishes the need for broader application of such a preventive norm as “prohibition to take certain positions
and offices”. The author provides positions of legal scholars and experience of foreign states in this sphere.
Keywords:
state service, state servants, official, responsibility, disqualification, punishment, entrepreneurial activity, violation, prohibition, limitation, unlawful participation
Reference:
Kireeva, E. Yu..
On Some Issues of Regulation of Municipal Service Pay
// Administrative and municipal law.
2010. № 9.
P. 45-47.
DOI: 10.7256/2454-0595.2010.9.57604 URL: https://en.nbpublish.com/library_read_article.php?id=57604
Abstract:
the article considers the issues of legal regulation of municipal service pay. The author describes certain contradictions in legislation and ways to overcome them and formulates changes and amendments to the Federal law ‘On Municipal Service in the Russian Federation’
Keywords:
municipal service, pay, legal, regulation, officer, guarantees, payment
Reference:
Tregubova, E. V., Maryan, A. V., Krivonosov, D. A..
Administrative Regulation of Classification of Prohibitions in the System of Civil Service
// Administrative and municipal law.
2010. № 9.
P. 48-56.
DOI: 10.7256/2454-0595.2010.9.57605 URL: https://en.nbpublish.com/library_read_article.php?id=57605
Abstract:
the article is devoted to classification of prohibitions and related restrictions as well as analyzes the main provisions about administrative prohibitions in law-enforcement service
Keywords:
studies of law, civil service, prohibitions, administrative prohibitions, strengthening of legality and legal order, regulation mechanism of civil work relationships, functions of administrative prohibitions, classification of prohibitions, legal acts, ci
Reference:
Tregubova, E. V., Maryan, A. V., Krivonosov, D. A..
Administrative and Legal Regulation of the Institution of Legal Prohibition in the System of State Service
// Administrative and municipal law.
2010. № 8.
P. 7-16.
DOI: 10.7256/2454-0595.2010.8.57584 URL: https://en.nbpublish.com/library_read_article.php?id=57584
Abstract:
The article is devoted to the legal and organizational mechanisms of formation, consolidation and enforcement of the institution
of legal prohibition in the system of state service. The authors also mentions the role and the meaning of corresponding administrative
and legal measures in organization of state service relations
Keywords:
reform, system, institution, prohibition, restriction, permit, service, officer, legality, regulation, mechanism
Reference:
Kuleshov, G. N., Maryan, A. V..
Administrative and Legal Regulation of Information Support of a Status of a Public Officer as a Subject of Administrative Law
// Administrative and municipal law.
2010. № 7.
P. 26-34.
DOI: 10.7256/2454-0595.2010.7.57507 URL: https://en.nbpublish.com/library_read_article.php?id=57507
Abstract:
The article considers the legal and organizational problems of information support of state service and professional activity of a public officer. Moreover, the article describes the problems of enforcement of rights and responsibilities of a public officer
Keywords:
state service, officer, support, information, personal data, status, rights, responsibilities, information protection, subject of law
Reference:
Kostennikov, M. V., Kurakin, A. V., Kolchemanov, D. N., Maryan, A. V..
Administrative and Legal Means of Minimization of Corruption Risks in Official Activities of Public Officers in Foreign States
// Administrative and municipal law.
2010. № 5.
P. 5-20.
DOI: 10.7256/2454-0595.2010.5.57261 URL: https://en.nbpublish.com/library_read_article.php?id=57261
Abstract:
the article is devoted to legal and administrative issues of minimization of corruption risks in official activities of public officers in foreign states. The article also contains certain recommendations and suggestions on minimization of corruption risks based on experience of foreign countries.
Keywords:
corruption, corruption risk, public service, public officer, foreign states, minimization of corruption risks, official activities
Reference:
Redkous, V. M..
Administrative and Legal Regulation of Anti-Corruption Measures in Member States of the Commonwealth of Independent States
// Administrative and municipal law.
2010. № 5.
P. 21-27.
DOI: 10.7256/2454-0595.2010.5.57262 URL: https://en.nbpublish.com/library_read_article.php?id=57262
Abstract:
based on the analysis of national laws and other normative acts of CIS, the author of the article defined the most important trends of administrative and legal regulation of anti-corruption measures in CIS for the purpose of national security protection. Based on a comparative analysis, the author also suggested certain measures on improvement of the Russian legislation and arrangement of scientific researches in this sphere.
Keywords:
corruption, anti-corruption measures, administrative and legal regulation, national security, member states of the CIS, improvement of legislation
Reference:
Estifeev, V. V., Kurakin, A. V., Maryan, A. V..
Problems of Anti-Corruption Measures in the System of Civil Service
// Administrative and municipal law.
2010. № 4.
P. 32-36.
DOI: 10.7256/2454-0595.2010.4.57208 URL: https://en.nbpublish.com/library_read_article.php?id=57208
Abstract:
The article is devoted to the modern administrative and legal mechanisms of anti-corruption measures in the system of civil service. Much attention is paid at the most topical means of anti-corruption measures.
Keywords:
corruption, anti-corruption measures, civil service, public officer, legality, means, law, responsibility
Reference:
Kazachenkova, O. F..
Conflict Potentials of Civil Service as a Factor of Corruption Risks
// Administrative and municipal law.
2010. № 4.
P. 36-42.
DOI: 10.7256/2454-0595.2010.4.57209 URL: https://en.nbpublish.com/library_read_article.php?id=57209
Abstract:
The author of the article considers the peculiarities of a conflict potential of civil service in order to establish effective measures of its reduction, prevention and regulation of the conflict of interests, detection of corruption risks specific for public administration and elimination of opportunities to use an official status for someone’s personal goals.
Keywords:
conflict, corruption, risk, counter force, violation, government, service, regulation, interest
Reference:
Ezhevsky, D. O..
Legal Framework of Municipal Service Record in the Russian Federation
// Administrative and municipal law.
2010. № 3.
P. 57-73.
DOI: 10.7256/2454-0595.2010.3.57163 URL: https://en.nbpublish.com/library_read_article.php?id=57163
Abstract:
Nowadays in the Russian Federation the system of local self-government can’t be effective without municipal service. Growing role of self-government in supporting public interests determines the need for highly skilled municipal officers.
Keywords:
municipal service, record, performance review, level of proficiency, ranks, contest, Russia, labor contract
Reference:
Maryan, A. V..
On the Question of Improving Administrative and Legal Mechanism of Anti-Corruption Measures in the System of State Service
// Administrative and municipal law.
2010. № 3.
P. 74-75.
DOI: 10.7256/2454-0595.2010.3.57164 URL: https://en.nbpublish.com/library_read_article.php?id=57164
Abstract:
The article considers legal and organizational problems of establishing anti-corruption measures. It is noted that certain organizational and financial resources are necessary for their establishment and development, in particular, the author paid much attention at the need to form the institution of administrative justice which would contribute to restraint of corruption in the system of state service.
Keywords:
administrative mechanism, methods, means, restraint, corruption, state service, minimization of corruption, administrative justice, state policy in the sphere of anti-corruption measures
Reference:
Kazachenko, O. V..
Administrative and Legal Regulation of Resolution of Conflict of Interests in the Sphere of State Civil Service: Anti-Corruption Aspects
// Administrative and municipal law.
2010. № 2.
P. 64-70.
DOI: 10.7256/2454-0595.2010.2.57145 URL: https://en.nbpublish.com/library_read_article.php?id=57145
Abstract:
The author of the article viewed the outstanding problems of the institution of conflict of interests in the sphere of state civil service. According to the author, that institution is one of the main ways to fight with corruption. The author described the main reasons and conditions of its formation and suggested his own recommendations on prevention and regulation.
Keywords:
conflict, resolution, prevention, service, state institution, interest, restraint, corruption, violation
Reference:
Kuleshov, G. N..
Information Support of a Status of a State Civil Official
// Administrative and municipal law.
2009. № 12.
DOI: 10.7256/2454-0595.2009.12.57053 URL: https://en.nbpublish.com/library_read_article.php?id=57053
Abstract:
Review: the article is devoted to the legal and organizational grounds for information support of a status of a state civil official. The author of the article also underlined an important role of information in supporting the administrative and legal status of a state civil official.
Keywords:
state official, state service, rights, responsibilities, information, information support, information technologies, civil servant, legal status, special legal status
Reference:
Linetsky, S. V..
Subject Matter of Official Dispute
// Administrative and municipal law.
2009. № 11.
DOI: 10.7256/2454-0595.2009.11.56958 URL: https://en.nbpublish.com/library_read_article.php?id=56958
Abstract:
the article deals with a new category in Russian law, ‘official dispute’. Analyzing the existing legislation about state service, the author noted that it had a number of defects and inaccuracies. Existing legislation does not fully consider the specific nature of a legal status of a state officer which leads to ineffective regulation of disputes arising in legal relations at civil service. Based on that, the author concluded that it was necessary to form a concrete and stable apparatus of the theory of official dispute. Based on the study of official dispute, the author formulated his own definition what ‘official dispute’ meant
Keywords:
studies of law, official, service, employee, employer, argument, conflict, disagreements, concept, subject matter
Reference:
Ezhevsky, D. O..
Legal Framework of Admitting and Appointing to Office in the Municipal Service of the Russian Federation
// Administrative and municipal law.
2009. № 9.
DOI: 10.7256/2454-0595.2009.9.56831 URL: https://en.nbpublish.com/library_read_article.php?id=56831
Abstract:
Key words: studies of law, municipal, service, admission, appointment, local, government, democracy, Russia.
Abstract: at the present time Russia is facing a serious question about how effective its municipal government actually is. In 2007 the government accepted a new law about municipal service. Now a municipal officer is the main participant of the social relations when it comes to solving questions of the local meaning in the municipal organization. Citizens of the Russian Federation have equal rights for access to municipal service.
Reference:
Tregubova, E. V..
Foreign Legislation about Legality of Administrative Acts at the Civil Service
// Administrative and municipal law.
2009. № 9.
DOI: 10.7256/2454-0595.2009.9.56832 URL: https://en.nbpublish.com/library_read_article.php?id=56832
Abstract:
Key words: legal norm, public administration, public officer,
prohibition, civil service, status of public positions, anti-corruption activity, codifying stature, illegal deal, executive
authority, ombudsman. Abstract: the article discusses questions on regulation of activity of public authorities according to the principle of legality with the help of constitutional justice and ways to prevent corruption.
Reference:
Kuleshov, G. N..
Information support in the system of the state service
// Administrative and municipal law.
2009. № 8.
DOI: 10.7256/2454-0595.2009.8.56795 URL: https://en.nbpublish.com/library_read_article.php?id=56795
Abstract:
The article considers the legal and organizational problems of information support of the state service and shows the role and significance of information in the process of organization of the state service. In addition to that, the article covers the peculiarities of the legal status of official information in the state service system.
Keywords:
state service, information, information support, information technologies, public officer, personal data, official websites of the public authorities.
Reference:
Tregubova, E. V..
Administrative and legal prohibition in the work of public officers
// Administrative and municipal law.
2009. № 8.
DOI: 10.7256/2454-0595.2009.8.56798 URL: https://en.nbpublish.com/library_read_article.php?id=56798
Abstract:
The article views the place and the role of legal prohibition in the work of public officers. The author showed their role and functional meaning in such activity. The author also noted how similar many legal prohibitions were.
Keywords:
state service, public service, prohibition, legal prohibition, restriction, permit, responsibility, officer, public law, administrative activity, officer’s behavior, administration.
Reference:
Kuleshov, G.N..
Personal data of civil state servant
// Administrative and municipal law.
2009. № 7.
DOI: 10.7256/2454-0595.2009.7.56739 URL: https://en.nbpublish.com/library_read_article.php?id=56739
Abstract:
Review: this article is devoted to a specific type of information
relations, that is, information relations, which has to do with turnover and processing of the personal data of the civil state servant. In the article it is pointed out, that personal data is information of legal status, which should be subject to special legal protection.
Keywords:
information, information relations, state service, personal data, working with information, information resources, information protection.
Reference:
Kolchemanov, D.N..
Prevention and fighting corruption
within the system of state service of the USAsa and Canada
// Administrative and municipal law.
2009. № 6.
DOI: 10.7256/2454-0595.2009.6.56596 URL: https://en.nbpublish.com/library_read_article.php?id=56596
Abstract:
This article is devoted to problems of avoiding
and fighting corruption in the system of state service in the USA and Canada. The article includes analysis of fighting corruption within the systems of state service of these states.
Keywords:
Corruption, fighting, state service, conflict of interests, servant, corruption-danger situation, state servant, prohibitions, limitations, working ethics.
Reference:
Tregubova, E.V..
Legal prohibitions in the activities of state servants
// Administrative and municipal law.
2009. № 6.
DOI: 10.7256/2454-0595.2009.6.56597 URL: https://en.nbpublish.com/library_read_article.php?id=56597
Abstract:
The article is devoted to place and role of legal prohibitions in the activities of public servants,
shows their role and functions within the system
of public service. The article points out similarities
in legal prohibitions of activities of the public servants.
Keywords:
State service, public service, prohibition, legal prohibition, limitation, permission, responsibility, public servant, public law, administrative activity, service behavior, administration.
Reference:
Kostromina, S.V..
Cadre reserve of state civil service of the subjects of the Rrussian Ffederation: problems and perspectives
// Administrative and municipal law.
2009. № 5.
DOI: 10.7256/2454-0595.2009.5.56578 URL: https://en.nbpublish.com/library_read_article.php?id=56578
Abstract:
Based on the systemic study of federal legislation
and normative legal acts of the subjects of the Russian Federation on cadres reserve on state civil service the author
shows the problems, which exist in legal regulation of cadres reserve at the regional level, and provided grounds for the completion of legal bases for cadres reserve at the federal level.
Keywords:
Jurisprudence, cadres, reserve, state, civil, service, legal regulation, subjects of the Russian Federation, problems, perspectives.
Reference:
Channov, S.E..
Administrative and legal regulation of functioning of commissions on regulation of conflict of interests at the state civil service
// Administrative and municipal law.
2009. № 4.
DOI: 10.7256/2454-0595.2009.4.56272 URL: https://en.nbpublish.com/library_read_article.php?id=56272
Abstract:
the Federal Law “On Fighting Corruption” of December 25, 2008 is one of the key anti-corruption mechanisms in the sphere of state and municipal service,
and it establishes regulation of conflict of interests. Due to this fact, the article includes analysis of organization of commissions for regulation of such conflicts, the author points to the most serious problems of their functioning, makes propositions for the improvement of legislation.
Keywords:
Jurisprudence, conflict, interest, fighting corruption, state and municipal service, commissions, regulation.
Reference:
Kurakin, A.V..
Administrative and legal regulation of principles of civil state service in the Russian Federation
// Administrative and municipal law.
2009. № 3.
DOI: 10.7256/2454-0595.2009.3.56235 URL: https://en.nbpublish.com/library_read_article.php?id=56235
Abstract:
Review: the article is devoted to the principles of state service, their nature. Through the study of principles of state service the author takes a look at the content of state civil service. The study of principles of state service allows to formulate the offers for improvement of legislation on state civil service.
Keywords:
state service, state servant, principles of state service, professionalism within the system of state service, publicity of state service, system of principles of state service.
Reference:
Bulavin, S.P..
Legal guarantees for the legal order.
// Administrative and municipal law.
2009. № 2.
DOI: 10.7256/2454-0595.2009.2.56204 URL: https://en.nbpublish.com/library_read_article.php?id=56204
Abstract:
the article is devoted to the analysis of basic processes, which were going on in the sphere of state government in 2007 – 2008. In spite of the fact that nowadays the efficiency of state government is rather low, one may state that in Russia there was a great number of reforms aimed at the formation of the truly democratic administrative system. Due to this factor, the author formulated the basic tendencies of organization of Russian government at the current stage. The author also provides the list of such tendencies…
Keywords:
gosudarstvennyi grazhdanskii sluzhashchii.
Reference:
Kurakin, A.V..
Administrative offence characteristics of corruption within the system of state service in the Russian Federation
// Administrative and municipal law.
2009. № 1.
DOI: 10.7256/2454-0595.2009.1.56128 URL: https://en.nbpublish.com/library_read_article.php?id=56128
Abstract:
This article is devoted to the administrative offence problems of corruption within the system of state service. The article establishes characteristic features of corruption, which characterize it, not just as a social matter, but as a social and legal aspect within the system of state service. In the article it is pointed out, that in order to efficiently realize administrative and legal means of fighting and prevention of corruption, it is necessary to study not only the social aspect of corruption, but also the administrative offence element.
Keywords:
corruption, corruption offence, state service, administrative offence science, anti-corruption policy, corruption-generating legislation, administrative and legal means of fighting and prevention of corruption, fighting corruption as a social and legal ma
Reference:
Kolchemanov, D.N..
Administrative legal means of fighting corruption within the system of military and law-enforcement services of the foreign states
// Administrative and municipal law.
2009. № 1.
DOI: 10.7256/2454-0595.2009.1.56129 URL: https://en.nbpublish.com/library_read_article.php?id=56129
Abstract:
This article is devoted to the key directions of fighting corruption within the system of law-enforcement and military service. It is pointed out in the article, that abroad there’s a great experience of fighting corruption, which should be used in the Russian Federation as well.
Keywords:
corruption, fighting corruption, state service, military service, law-enforcement service, administrative and legal means of fighting corruption, forms of corruption.
Reference:
Rzayev, A.G..
Definition and principles of state service
// Administrative and municipal law.
2009. № 1.
DOI: 10.7256/2454-0595.2009.1.56130 URL: https://en.nbpublish.com/library_read_article.php?id=56130
Abstract:
In this article there’s an evaluation of development of the state service category, as well as the principles of organization of the state service. The article includes comparison of a number of categories of institutions of the state service in the Russian Federation and in Azerbaijan.
Keywords:
state service, state servant, principles of state service, organization of state service, state service of Azerbaijan.
Reference:
Kurakin, A.V..
National plan for fighting corruption and the anti-corruption element of legislation on state service in the Russian Federation
// Administrative and municipal law.
2008. № 12.
DOI: 10.7256/2454-0595.2008.12.56052 URL: https://en.nbpublish.com/library_read_article.php?id=56052
Abstract:
The article is devoted to the administrative legal means of fighting and preventing corruption in the sphere of social service, the author watches the genesis of development of the legal mechanism of fighting and prevention of corruption within the system of state service. The article includes propositions on improvement of anti-corruption prescriptions of the legislation on fighting corruption, as well as of some normative legal acts, which regulate civil service. For example, the author offers to amend the provisions on anti-corruption measures in the Tax Code of the Russian Federation.
Reference:
Gorin, E.V., Mikhailyuk, P.A..
Administrative legal regulation of remuneration for the state servants as an element of their social protection
// Administrative and municipal law.
2008. № 12.
DOI: 10.7256/2454-0595.2008.12.56053 URL: https://en.nbpublish.com/library_read_article.php?id=56053
Abstract:
The article is devoted to problems of wages of state servants of various types of state service. The article includes analysis of specific features of administrative legal regulation of wages for the state service as means of their social protection.
Reference:
Kurakin, A.V..
Social and legal characteristics of corruption in the sphere of state service
// Administrative and municipal law.
2008. № 11.
DOI: 10.7256/2454-0595.2008.11.56000 URL: https://en.nbpublish.com/library_read_article.php?id=56000
Abstract:
This article is devoted to the social aspect of corruption within the system of state service. Corruption is a social matter, so studies of its social aspects are quite objectively necessary. Without the definition of the social aspect of corruption it is quite hard to provide administrative legal means for fighting corruption within the system of state service. The sociological studies clearly show that a large number of people have positive attitudes to various forms of corruption in the sphere of state service. This aspect should be taken into account, when defining the administrative legal means of fighting and preventing corruption in the sphere of state service.
Reference:
Kurakin, A.V..
Administrative and legal means of prevention and fighting corruption within the system of state service of the foreign states.
// Administrative and municipal law.
2008. № 10.
DOI: 10.7256/2454-0595.2008.10.55986 URL: https://en.nbpublish.com/library_read_article.php?id=55986
Reference:
Fedosenko, V.A..
Administrative and legal regulation of office behavior and conflict of interests regulation within the system of state civil service in the Russian Federation.
// Administrative and municipal law.
2008. № 10.
DOI: 10.7256/2454-0595.2008.10.55987 URL: https://en.nbpublish.com/library_read_article.php?id=55987
Reference:
Kurakin, A.V..
Administrative legal means of prevention and fighting corruption in the system of Soviet state service
// Administrative and municipal law.
2008. № 9.
DOI: 10.7256/2454-0595.2008.9.55968 URL: https://en.nbpublish.com/library_read_article.php?id=55968
Reference:
Kurakin, A.V..
Topical problems of administrative legal means of prevention and fighting corruption within the system of state service of the Russian Federation.
// Administrative and municipal law.
2008. № 8.
DOI: 10.7256/2454-0595.2008.8.55931 URL: https://en.nbpublish.com/library_read_article.php?id=55931
Reference:
Sumin, M.M..
Legal regulation of the class rankings at the state service in the Moscow region and the way of their assignment
// Administrative and municipal law.
2008. № 6.
DOI: 10.7256/2454-0595.2008.6.55774 URL: https://en.nbpublish.com/library_read_article.php?id=55774
Abstract:
The class ranking of the civil servant is a personal ranking, which is assigned based on the evaluation and qualification exam and is consistent with the position of a particular civil servant, the level of his professional and additional capacities, the number of years in the civil service, as well as with his achievements. This article by M.M. Sumin is devoted to the study of specific features of class ranking on an example of the Moscow region.
Reference:
Kurakin, A.V..
Administrative and legal aspects of legal responsibility within the mechanisms of fighting corruption in the system of state service in the Russian Federation
// Administrative and municipal law.
2008. № 5.
DOI: 10.7256/2454-0595.2008.5.55760 URL: https://en.nbpublish.com/library_read_article.php?id=55760
Abstract:
It is clear that responsibility of the state servants is one of the key means for fighting corruption. As the author of this article points out, the analysis of legislation on state service shows that in its various types there are still provisions on disciplinary measures for the non-performance or inadequate performance of state servants’ duties.
Reference:
Krivonosov, D.A..
The institution of administrative prohibitions within the system of state service (comparative legal aspects)
// Administrative and municipal law.
2008. № 5.
DOI: 10.7256/2454-0595.2008.5.55761 URL: https://en.nbpublish.com/library_read_article.php?id=55761
Abstract:
This article is devoted to the study of administrative prohibitions within the legislations of a number of the foreign states. As the author stresses, the topicality of this study is due to the fact that comparative studies allow to draw certain general conclusions, which may hold value for the Russian practice as well…
Reference:
Admiralova, I.A..
Definition and goals of the technical and criminalistic guarantees of suppression and prevention of the administrative offences
// Administrative and municipal law.
2008. № 4.
DOI: 10.7256/2454-0595.2008.4.55727 URL: https://en.nbpublish.com/library_read_article.php?id=55727
Abstract:
In the article of I.A. Admiralova one may find the analysis of nature and contents of technical and criminalistic guarantees of evidence collection, its place and role in the theory and practice of the criminal science. As the author points out, this analysis should be held with establishing relations between such guarantees and the proceduarl forms of crime investigation, various sources of evidence and means of proving.
Reference:
Borkov, V.N..
Regularities of formation and lack of balance in the system of criminal law prohibition of malfeasances in office.
// Administrative and municipal law.
2008. № 3.
DOI: 10.7256/2454-0595.2008.3.55703 URL: https://en.nbpublish.com/library_read_article.php?id=55703
Abstract:
Malfeasances in office hold the key position among the crimes aimed against the state power. Their specific feature is that the state her is the key participant. A number of norms of criminal law, providing for criminal responsibility for such malfeasances are situated outside Chapter X of the Criminal Code of the Russian Federation”, namely “Crimes against the state power”. As the author of this article points out, within the system of the provisions on malfeasances in office, there is a number of gaps, which need to be dealt with.
Reference:
Kurakin, A.V..
Administrative prohibitions as means of fighting corruption within the system of military and law-enforcement service of the Russian Federation.
// Administrative and municipal law.
2008. № 3.
DOI: 10.7256/2454-0595.2008.3.55704 URL: https://en.nbpublish.com/library_read_article.php?id=55704
Abstract:
All types of state service are related. That is why, as the author of this article points out, fighting corruption should be implemented within the framework of all types of state service, military service and crime prevention service included. This article is concerned with fighting corruption in the military and in the law enforcement spheres, since these spheres share common bases and principles of development and functioning…
Reference:
Chikhladze, L.T..
Historical peculiarities of formation of the local self-government in Russia
// Administrative and municipal law.
2008. № 1.
DOI: 10.7256/2454-0595.2008.1.55563 URL: https://en.nbpublish.com/library_read_article.php?id=55563
Abstract:
As the author of this article points out, the vast territory and the geopolitical peculiarities of the Russian state, as well as the specific role of the state government in the formation of the social relations, greatly influence the way, in which the local self-government develops, and provide the basis for the constant “tug of war” between centralization and decentralization…
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© 1998 – 2024 Nota Bene. Publishing Technologies. NB-Media Ltd.
