Public law: New challenges and realities
Reference:
Ivanova, S.A.
On the issue of classification of law into private and public law: perspectives of development
// Administrative and municipal law.
2013. ¹ 6.
P. 601-606.
URL: https://en.nbpublish.com/library_read_article.php?id=62786
Abstract:
Separation of law into branches is an exclusive achievement of the Soviet doctrine, since no other legal system
provides for such a division. Private law is generally a combination of legislative and legal complexes, regulating
civil turnover. In this case one is to analyze the legislative masses and correlated legal maters, which find their basis
in the codified acts.
Keywords:
private, legislation, public, law, state, civil, turnover, property, legal relations, human rights, family, classification, state
Administrative law, municipal law and security
Reference:
Motin, V.V., Trofimov, O.E.
Problems of security guarantees in water transportation
// Administrative and municipal law.
2013. ¹ 6.
P. 607-611.
URL: https://en.nbpublish.com/library_read_article.php?id=62787
Abstract:
The article concerns the problems of transportation security guarantees in the sphere of water transportation,
taking into account the active involvement of the Siberian rivers into various economic activities. The author
offers the ways of improvement of legal regulation in the sphere of transportation infrastructure functioning.
Keywords:
transportation security, water transportation, development of waterways, legal regulation, functioning of transportation infrastructure, transportation code.
Management law
Reference:
Aubakirova, I.U.
Definition and nature of the institution of state administration: philosophical - legal approach
// Administrative and municipal law.
2013. ¹ 6.
P. 612-619.
URL: https://en.nbpublish.com/library_read_article.php?id=62788
Abstract:
B ased on many centuries of experience of governing state and society in the sphere of guarantees of the
objects of importance for them, one may achieve optimum efficiency only by echelon system of organization of performance
of planned events.
Keywords:
state administration, human rights, social system, society, power, state, liberalism, method, form, state, official, institution, manager.
Management law
Reference:
Vinokurov, Y.E.
Character of prosecutor supervision activities and the prerequisites for improvement of
its efficiency
// Administrative and municipal law.
2013. ¹ 6.
P. 619-623.
URL: https://en.nbpublish.com/library_read_article.php?id=62789
Abstract:
The article includes analysis of characteristic features of the supervision activities of prosecutor as a type
of the socially beneficial professional work. The author studies stages (elements) of such activities, and he provides
for the prerequisites for the higher efficiency of prosecutor supervision over compliance with the law, as one of the
organizational legal means of lawfulness guarantees.
Keywords:
prosecutor, supervision activities, guarantees of lawfulness, efficiency, petition, resolution, law, right, prescription, control, protest.
Law-enforcement legislation
Reference:
Kurakin, A.V.
Competence of the police in the sphere of implementation of legislation on administrative
offences
// Administrative and municipal law.
2013. ¹ 6.
P. 624-630.
URL: https://en.nbpublish.com/library_read_article.php?id=62790
Abstract:
Currently it is an important goal to formulate a balanced and well-based policy on administrative punishments,
it being an integral part of the law-enforcement policy of the state, and having influence on a wide range of
social relations. Finding solutions to these problems is closely connected to the improvement of the procedure on the
cases on administrative offences in police, since tens of millions of people are facing administrative responsibility in
police-initiated administrative cases.
Keywords:
police, procedure, competence, responsibility, proceedings, punishment, policeman, legal order, fighting, jurisdiction.
Liability in administrative and municipal law
Reference:
Dobrobaba, M.B.
The problem of searching for the factual bases of disciplinary responsibility of state
servants
// Administrative and municipal law.
2013. ¹ 6.
P. 631-640.
URL: https://en.nbpublish.com/library_read_article.php?id=62791
Abstract:
The absence of generally accepted understanding of the disciplinary offence as a basis for the disciplinary
responsibility of state employees in the service law calls for the search of new factual bases. Having analyzed the
norms of legislation on responsibility of state employees (servants) the author correlates the definition of disciplinary
offences of state employees (servants) with the definition of disciplinary offence in labor law. She singles out specific
features and shortcomings of the normative provisions for the disciplinary offences of civil state servants, military
officers, and the law-enforcement officers, then she offers her own definition for the bases for the bringing state servants
to responsibility, which should be unified in the service law. Having studied the theoretical provisions and practice
of normative legal regulation, the author distinguishes the disciplinary offences from crimes and administrative
offences. The result of the study is the conclusion, that neither administrative offences, nor the immoral acts, should
not serve as independent bases for bringing state servants to disciplinary responsibility. The only acceptable ground
for bringing state servants to disciplinary responsibility is disciplinary offence.
Keywords:
state employees (servants), state service discipline, bases for responsibility, offence, disciplinary offence, crime, administrative offence, immoral act, corruption act.
Liability in administrative and municipal law
Reference:
Shurukhnov, N.G.
Problems of application of administrative responsibility for the delivery or attempt of
delivery of means of communication and the objects guaranteeing such communication to the persons detained
at the institutions of criminal penitentiary system
// Administrative and municipal law.
2013. ¹ 6.
P. 641-644.
URL: https://en.nbpublish.com/library_read_article.php?id=62792
Abstract:
The article is concerned with the topical issues regarding delivery of means of communications to the persons
detained in the institutions of criminal penitentiary system. Under Art. 9 of the Criminal Penitentiary Code of
the Russain Federation the key instrument for the correction of the convicts is the regime of serving sentence, as
established by Federal Laws of the Russian Federation, normative legal acts of the Ministry of Justice of the Russian
Federation, and the Federal Service for the Execution of Punishments of the Russian Federation. It guarantees protection
and isolation of the convicts, constant supervision, implementation of their obligations, rights and lawful
interests, as well as their personal security.
Keywords:
regime of serving a sentence, officials, institutions, bodies, criminal penal, system, competent, to fill out, protocols, prohibited, objects, things, foodstuffs, administrative responsibility for delivery of means of communications to convicts.
ADMINISTRATIVE AND MUNICIPAL LAW AND FINANCIAL ACTIVITY
Reference:
Freidina, Y.I.
Emission law in Russia: political and legal prerequisites for its formation and development
// Administrative and municipal law.
2013. ¹ 6.
P. 645-652.
URL: https://en.nbpublish.com/library_read_article.php?id=62793
Abstract:
The article concerns the key historical stages of formation of organizational and legal forms for the emission
activity on the territory of the Russian Federation from the standpoint of the existing social, economic, political and
legal prerequisites, and with the due correlation with the financial and economic security issues, including issues of
legal regulation of state income and spending.
Keywords:
emission of money, emission law, financial law, cash, credit organization, bank, national security.
Administrative law, municipal law and the issues of legal theory
Reference:
Shagieva, R.V.
Procedural law within the system of Russian law
// Administrative and municipal law.
2013. ¹ 6.
P. 653-661.
URL: https://en.nbpublish.com/library_read_article.php?id=62794
Abstract:
The article includes author’s approach to the understanding of procedural law, its correlation with the material
law, and criteria, using which one may single out the complicated forms of law-enforcement activities, within
the framework of which the social relations requiring procedural legal regulation are formed.
Keywords:
process, legal process, application of law, material, procedural, implementation, procedure, form, proceedings.
ADMINISTRATIVE AND MUNICIPAL LAW AND PROPERTY LAW
Reference:
Lagutkin, A.V., Grudtsyna, L.Y.
On recognition of proprietary rights to the object of underground construction
// Administrative and municipal law.
2013. ¹ 6.
P. 662-667.
URL: https://en.nbpublish.com/library_read_article.php?id=62795
Abstract:
T he article includes the arguments in favor of the legislative regulation of possible privatization (state
registration of proprietary right) to the objects of underground construction, including those situated in metropolitan
cities. The most efficient development of underground space in the future is possible if the state unites with
the businesses, for which the legalized ability to gain proprietary rights to the objects of underground constructions,
shall be one of forcible arguments for the economic and caring treatment of the geological resources of our
planet.
Keywords:
geological resources, underground constructions, subsurface riches, natural resources, extractable resources, environment, the subsurface space, capital underground workings.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
On the guarantees of implementation of some provisions of anti-corruption legislation at
the municipal level
// Administrative and municipal law.
2013. ¹ 6.
P. 668-672.
URL: https://en.nbpublish.com/library_read_article.php?id=62796
Abstract:
The author holds comparative legal analysis of the current Russian federal and regional legislation on
municipal self-government and legislation on fighting corruption, and he uncovers an obvious legal gap – the lack of
specialized Commissions on compliance with the service behavior of the heads of municipal unions and on conflict of
interests regulation. In the point of view of the author this legal gap may lead to the involuntary violations of requirements
to the service behavior and conflict regulation by the heads of municipal units, as well as to violation of their
lawful rights and interests in the process of their professional administration activities even after their resignation
from their official positions.
Keywords:
jurisprudence, municipal service, municipal servant, head of the formation, conflict of interests, fighting corruption, corruption, official, municipal unit, service requirements.
Administrative law, municipal law and judicial reforms
Reference:
Prizhennikova, A.N.
The problems of formation of the modern model of administrative judicial procedure
in Russia
// Administrative and municipal law.
2013. ¹ 6.
P. 673-679.
URL: https://en.nbpublish.com/library_read_article.php?id=62797
Abstract:
Currently there is a judicial reform going on in Russia, and its goal is to form an independent and fair judicial
power. In order to support the status of the judicial power and to improve the judicial system, the Russian legislation
is being constantly amended. As part of the judicial reform, the new draft of the Federal Law N. 246960 “Code for
the Administrative Judicial Procedure in the Russian Federation”, allowing for the due implementation of Art. 118
of the Constitution of the Russian Federation, was introduced to the State Duma on March 28, 2013. Art 118 of the
Constitution of the Russian Federation provides for the four types of judicial procedure: constitutional, civil, administrative
and criminal. The work on the draft of the administrative judicial procedure legal draft was started in the
end of XX century, and the first draft of the Code was presented. The first draft Code gained various evaluations in the
scientific literatures, and it used a number of old stereotypes of the Soviet era.
Keywords:
The Code for the Administrative Judicial Procedure, administrative justice, judicial reform, administrative dispute, administrative case, administrative claim, administrative procedures, public procedure, simplified procedure.
Administrative and municipal legal practice
Reference:
Naumova, O.V.
The regime of unauthorized construction within the framework of the reform of civil legislation
// Administrative and municipal law.
2013. ¹ 6.
P. 680-684.
URL: https://en.nbpublish.com/library_read_article.php?id=62798
Abstract:
The main goal of the studies in this article is to analyze the regulation of the relations regarding unauthorized
construction within the framework of the civil law reform. The goals of the study also include comparison
of the upcoming legislative amendments in the sphere of unauthorized construction and the existing legislation,
as well as modeling the new institution of unauthorized construction based upon the upcoming reform of civil legislation.
T he study of the problem of unauthorized construction, on which this article is based, includes analysis
of the current norms of civil legislation, as well as the legislative drafts for the amendments in the civil relations
in this sphere.
Keywords:
immovable property, town planning activities, supervision, construction, legitimacy, offence, responsibility, municipal self-government bodies, competence.
Reviews and bibliography
Reference:
Kostennikov, M.V.
A new book on administrative and legal development of professional service activity/
Komakhin, B.N. “Administrative Legal Bases for the Development of Service Activities within the context of
Modernization Policy”, Moscow, IPU RAN (ICS RAS), 2013 – 474 p.
// Administrative and municipal law.
2013. ¹ 6.
P. 685-686.
URL: https://en.nbpublish.com/library_read_article.php?id=62799
Abstract:
The book includes detailed analysis of the evolution of the competence of state servants within the context
of systemic interaction of public state service bodies. The author makes a generally successful attempt to provide an
administrative legal model of the innovation development of the activities of the state servants within the framework
of modernization policy. As a basis for the model of innovative service activities in the civil society, the author provides
a thorough analysis of legal regulation the state service system, especially in the law-enforcement sphere The
author also provides a well-based approach towards this system from the standpoint of the widening the structure
and competence of the subjects of service relations.
Keywords:
reform, service, modernization, policy, cadres, official, servant, system, right, obligations, control