Administrative law, municipal law and human rights
Reference:
Redkous, V.M., Kulishov, D.N.
Administrative legal position of the citizens of the Russian Federation in the
sphere of national security guarantees: theoretical approaches towards development of definition and establishing
its structure
// Administrative and municipal law.
2013. ¹ 10.
P. 931-943.
URL: https://en.nbpublish.com/library_read_article.php?id=63346
Abstract:
The article includes analysis of the modern approaches towards establishing administrative and legal status
of the citizens of the Russian Federation in the sphere national security guarantees, the authors offer its definition,
show its structure and specific features, analyze the correlation between the terms” legal status” and “legal position”,
single out specific features of administrative legal status of citizens of the Russian Federation, show the difficulties in
the sphere of its formation, establish types of administrative legal statuses of citizens.
Keywords:
person, individual, citizen of the Russian Federation, administrative law, administrative legal competence, rights, freedoms, lawful interests, responsibility, administrative legal position, national security, federal executive bodies.
Management law
Reference:
Bayramov, A.H.
Prosecutor activities in the sphere of lawfulness guarantees within the system of state government
bodies of a constituent subject of the Russian Federation.
// Administrative and municipal law.
2013. ¹ 10.
P. 944-947.
URL: https://en.nbpublish.com/library_read_article.php?id=63347
Abstract:
This article concerns the issues of lawfulness guarantees in law-making activities of state government bodies
of the constituent subjects of the Russian Federation. Noting a close connection between the prosecution bodies and
the state government bodies of the constituent subjects of the Russian Federation, the author points out a number of
key aspects of interaction of these bodies, including partial provisions for the status of regional prosecutor bodies in
the legislation of the constituent subjects of the Russian Federation; coordination procedure with the state government
bodies of the Russian Federation for the candidates for the positions of Prosecutors of the constituent subjects
of the Russian Federation; provision of a legislative initiative to the prosecutors in a number of constituent subjects
of the Russian Federation. The author also discusses specific features of implementation of legislative initiative in the
regional parliaments by the prosecution, he shows role and value of these bodies within the mechanism of guarantees
of constitutional lawfulness.
Keywords:
bodies, prosecution, legislative (representative) bodies, lawfulness, supervision, legislative initiative, competence, inspection, protest, notice, petition.
Management law
Reference:
Kulichkov, A.S.
Executive – administrative municipal self-government bodies within the system of municipal
government
// Administrative and municipal law.
2013. ¹ 10.
P. 948-953.
URL: https://en.nbpublish.com/library_read_article.php?id=63348
Abstract:
The article is devoted to municipal administration as an executive and administrative body, its constitutional
legal status, options for taking the position of the head of administration, his competence and key spheres of activity. It
is also noted how important it is to form a unified system of municipal self-government, since, as this study has shown,
the legal basis for the functioning of the executive municipal bodies is in need of improvement.
Keywords:
local, self-government, administration, executive-administrative body, constitutional legal status, head of administration, taking the position, competence, responsibility, powers, city, district, mayor, official, deputy.
Management law
Reference:
Nugaeva, A.I.
Legal regulation of cadre guarantees of functional activities of the prosecution
// Administrative and municipal law.
2013. ¹ 10.
P. 954-964.
URL: https://en.nbpublish.com/library_read_article.php?id=63349
Abstract:
The article concerns legal and organizational problems regarding implementation of the right of citizens to
join state service, and prosecution in particular. It is noted in the article that the legislative provisions on requirements
to the persons assigned as prosecutors, assignment procedure, competence of prosecutors, widening the scope of collegiality
in the prosecution activities considerably strengthen the legislative basis for the cadre work. However, not
all of the issues in the sphere of legal regulation of choice and positioning of prosecution cadres were duly resolved.
Keywords:
service, prosecutor, prosecution, lawfulness, reception, law, citizen, education, lawyer, Bachelor’s degree, Master’s degree.
Liability in administrative and municipal law
Reference:
Obydenov, V.V.
On the issue of elements of mitigating circumstances for administrative liability and their
correlation to the release of administrative liability
// Administrative and municipal law.
2013. ¹ 10.
P. 965-975.
URL: https://en.nbpublish.com/library_read_article.php?id=63350
Abstract:
The article concerns legal and organization-related implementation problems regarding the mitigating
circumstances for administrative liability. The author establishes the position of these circumstances within the
mechanism of administrative penalty enforcement in the sphere of activities of federal executive bodies. The article
includes correlation between the mitigating circumstances for administrative liability and release of administrative
liability.
Keywords:
jurisdiction, principle, mitigation, liability, humanism, procedure, process, punishment, the Administrative Offences Code of the Russian Federation, elements, offence.
Liability in administrative and municipal law
Reference:
Panshin, D.L.
Some topical issues regarding use of disqualification from driving vehicles as a penalty for
administrative offences in the sphere of road traffic
// Administrative and municipal law.
2013. ¹ 10.
P. 976-979.
URL: https://en.nbpublish.com/library_read_article.php?id=63351
Abstract:
The cause for the study of the problem of defining the subject of administrative offences in the sphere of road
traffic was paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of October 24,
2006 N.18 “On some issues arising before the courts when applying Special Part of the Administrative Offences Code of
the Russian Federation” (with amendments of November 11, 2008), where it is stated that the administrative punishment
in form of disqualification from driving vehicles under Art. 2.8 of the said Code may be assigned only to those
person, having such a right, or those persons, who have lost this right before in accordance with the law. Analysis of
the provisions of part 1 of the Article 3.8 of the Administrative Offences Code of the Russian Federation allows to draw
a conclusion that deprivation of special right, such as a right to drive vehicles may be applied only to physical persons,
who have previously gained such a right by being provided a driver’s permit by the competent state bodies.
Keywords:
subject, person, owner, right, driving, user, offence, Plenum, court, Constitution.
Liability in administrative and municipal law
Reference:
Strigunova, N.Y.
Proof on administrative offences cases in the sphere of customs in the Customs Union
EurASEC Member States (comparative legal analysis)
// Administrative and municipal law.
2013. ¹ 10.
P. 980-985.
URL: https://en.nbpublish.com/library_read_article.php?id=63352
Abstract:
The article contains comparative legal analysis of proof on administrative offence cases in the sphere of customs
in the Customs Union EurAsEC Member States: the Russian Federation, the Republic of Belarus, the Republic of
Kazakhstan. The author evaluates the specific features of legal regulation regarding proof in administrative cases in
the sphere of customs in the national legislation of the Customs Union Member States, uncovering similarities and differences
in them. As a result of the analysis the author casts light upon the shortcomings and problems in the Russian
legislation on administrative offences. The object of study is topical within the framework of formation and functioning
of the Customs Union of the EurAsEC.
Keywords:
customs union, comparative law, evidence, proof in proceedings in administrative cases, the customs authorities, the offense punishment, control, regulation, border, customs.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Tregubova, E.V.
Permissions and prohibitions as methods (means) of administrative regulation in the
Russian law
// Administrative and municipal law.
2013. ¹ 10.
P. 986-997.
URL: https://en.nbpublish.com/library_read_article.php?id=63353
Abstract:
It is noted in the article that theoretical developments allow to draw a conclusion that based on their functional
purpose prohibitions may be used for prevention and suppression of offences in various spheres of administrative
legal regulation, as well as for information capacities. Moreover, generalization of a number of points of view on
legal prohibition within the mechanism of legal regulation of social relations in the sphere of administrative legal
situations allows to point out that in various branches of law prohibition carry out different social functions. The
common feature of all the legal prohibition is that they limit antisocial or unlawful behavior. Protective function of
administrative legal prohibitions is due to the social need to protect interests of persons, society and state from undesirable
acts. This function is implemented by legal liability for the prohibited acts. While recognizing a significant
role of administrative legal prohibitions in the sphere of protecting law and order, one should take into account their
realistic capabilities.
Keywords:
means, methods, prohibition, permission, right, law, norms, influence, control, regulation.
Administrative law, municipal law and issues in education
Reference:
Shugrina, E.S.
Separation of objects of competence and competences of different levels of public authority
in the sphere of education
// Administrative and municipal law.
2013. ¹ 10.
P. 998-1006.
URL: https://en.nbpublish.com/library_read_article.php?id=63354
Abstract:
The article concerns the fundamentals of distinction between the competences and objects of competences
of the federal government bodies, government bodies of the constituent subjects of the Russian Federation and the
municipal bodies in the sphere of education. The author provides consistent analysis of the implementation of constitutional
provisions under the Art. 71 and 72 of the Constitution of the Russian Federation in accordance to which
regulation and protection of the constitutional right to education is within the exclusive competence of the Russian
Federation, while the general education issues are within the joint competence of the Russian Federation and its
constituent subjects. The article provides general characteristics of competence of state government bodies and municipal
bodies within the system of guarantees of the right of citizens to have free of charge education, since the right
to education is merely declarative if no efficient system of its guarantees exists in Russia. Based upon the analysis, the
author establishes that additional guarantees of education (including free of charge education) are provided at the
levels of constituent subjects of the Russian Federation and the municipal bodies.
Keywords:
education, objects of competence, competence, local issues, joint competence, guarantees, constitutional law, education system, public authority, government bodies.
Administrative law, municipal law and judicial reforms
Reference:
Shevchuk, P.P.
Actualization of the enforcement proceedings principles
// Administrative and municipal law.
2013. ¹ 10.
P. 1007-1012.
URL: https://en.nbpublish.com/library_read_article.php?id=63355
Abstract:
Actualization of the legislative principles is one of the conditions for the efficient state regulation. The goal
of this article is to analyze the current principle of enforcement proceedings and to formulate propositions for their
improvement. In the course of his studies the author draws a conclusion on the absence of need and expediency for
providing in the Federal Law “On Enforcement Proceedings” for the general legal principles of lawfulness, respect for
dignity of a person and obligation of timely enforcement acts and measures. The author also provides for the novel
principles of enforcement proceedings (compared to the current Federal Law), such as: information transparency
on identification and property of a debtor; supremacy of law, support of voluntary performance; permissive nature
of enforcement proceedings for the creditor. The principle of information transparency is directly connected to the
formation of public registers of enforcement and debtor property. The author is convinced that such a public register
may become an economically efficient instrument allowing for greater trust in economic relations, lowering the risks
evaluation in conclusion of contracts between the parties, curtailing the number of enforcement proceedings, and
lowering the costs of judicial proceedings.
Keywords:
enforcement proceedings, legislative principles, court enforcement officer, level of trust, proprietary immunity, public register, information transparency, supremacy of law, liability, court.