Executive authorities and the civil society
Reference:
Shishkina, A.V.
Theoretical foundations of the regional administrative supervision.
// Administrative and municipal law.
2014. ¹ 10.
P. 1011-1017.
URL: https://en.nbpublish.com/library_read_article.php?id=65554
Abstract:
The article contains analysis of the legislation in the sphere of regional control (supervision) and practice of its
implementation within the framework of administrative reform of the legislation. It is established that in the spheres of
both the delegated competence and in the sphere of direct competence of the constituent subjects of the Russian Federation
in the sphere of regional state supervision the legal regulation is implemented through the federal legislative acts.
Regulation of the issues concerning organization of regional state control (supervision) in the constituent subjects of the
Russian Federation is mostly implemented via by-laws and only five constituent subjects have adopted regional laws on
these matters. In some constituent subjects of the Russian Federation the control competence is provided to the regional
public institutions, which is against para. 1, 4 of Art. 2 of the Federal Law N. 294-FZ, and the conflict of laws should be
dealt with. The article provides characteristic features of regional administrative supervision, its main definitions, value,
history, functions, goals and practice of its implementation. The provided analysis of current normative legal acts in the
sphere of regional state control (supervision) and practice of its application clearly shows the urgent need for its further
improvement, which shall have a direct influence upon the results of the reform of the entire system of state administration.
The list of types of regional state control, which are to be implemented by the executive bodies of constituent
subjects of the Russian Federation is currently excessive. It may be supposed that it overwhelms the resources and management
potential of the constituent subjects of the Russian Federation. That is why, it is proposed to develop measures
in order to limit the types of regional control.
Keywords:
administrative supervision regional administrative supervision, competence, objects of competence, regulation, administrative regulation, law, constituent subject of the Russian Federation, state government body, supervision.
Administrative law, municipal law and security
Reference:
Kupreev, S.S.
Administrative law at the guard of state security.
// Administrative and municipal law.
2014. ¹ 10.
P. 1018-1024.
URL: https://en.nbpublish.com/library_read_article.php?id=65555
Abstract:
The article is devoted to the role and value of administrative law in the sphere of guaranteeing state security.
The norms of administrative law are predominantly preventive, since the priority of preventive measures is one of the
principles in the sphere of security guarantees, application of measures of administrative legal influence is capable of
guaranteeing significant effect in the sphere of state security. Improving the level of administrative legal guarantees of
state security may be illustrated with a number of examples, such as improvement of the legislation on the public service,
activities of foreign NGOs and organizations involving foreign financing, more detailed regulation of the organization
and holding of public events. Special attention is paid in the article to the issues of administrative activities of the Russian
special services. The article is prepared based upon the studies of normative legal acts and legal practice in the sphere
of guaranteeing public security with the use of historical and comparative methods for the scientific research. In this article
based upon the analysis of various aspects of use of administrative legal instruments in the sphere of state security
guarantees, the author makes a conclusion on the need for the further improvement of the administrative legislation
on these issues. At the same time, application of the administrative measures should correspond both the principles of
lawfulness and protection of human rights, as well as to the principles of viability of the decisions.
Keywords:
administrative law, state security, administrative activity, public service, foreign organizations, public events, fighting terrorism, prophylactics, preventive activities, special services.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Chernyshev, A.I.
Topical issues regarding property management in a municipal entity.
// Administrative and municipal law.
2014. ¹ 10.
P. 1025-1030.
URL: https://en.nbpublish.com/library_read_article.php?id=65556
Abstract:
The author of this article analyzes the topical problems regarding the choice of efficient methods for managing
municipal property in Russia. The article reveals the main benefits of the various means of municipal administration, such as direct management, contract system, rent system, municipal concession. The author also discusses the main
defects of the privatization of municipal property. The author substantiates the use of organizational, legal, economic
and financial methods for managing municipal property. The author also compares the terms \"operative control\" and
“economic control” in the activities of municipal unitary enterprises. The article involved the following scientific research
methods: analytic method, formal logical method, method of comparison, method of generalization. The conclusion is
that whatever the form of management is chosen by the municipal self-administration bodies, they should try to retain
maximum manageability of property in their territories, however, one should not artificially preserve inefficient municipal
property. When choosing the method for property administration one should take into account specificity of various
branches of economy. It is also necessary that the measures regarding municipal property management are interrelated
in the terms of their application and in respect to the resources involved. Once these conditions are satisfied, efficient
management of municipal property can be achieved, and it shall facilitate both higher income from municipal property
and social economic development of a municipal entity.
Keywords:
municipal administration, municipal property, title to property, privatization, rent system, municipal concession, municipal economy, municipal enterprise, operative control, economic control.
Liability in administrative and municipal law
Reference:
Gromova, G.A.
Some problems relating to the legal regulation of disposal of the medical waste and administrative responsibility for
violations regarding disposal of medical waste.
// Administrative and municipal law.
2014. ¹ 10.
P. 1031-1038.
URL: https://en.nbpublish.com/library_read_article.php?id=65557
Abstract:
The medical waste, which appears in the process of medical and pharmaceutical activities, is potentially hazardous
for both the persons working with medical waste and to the environment and health of general public. That
is why the issues regarding destruction of waste of medical and prophylactic institutions are quite topical. The article
provides theoretical and practical problems regarding responsibility of persons violating the procedure of disposal
of the medical waste. The author provides comparative classification of waste depending on the degree of negative
influence upon the environment, as provided for in the Federal Law of June 24, 1998 N. 89-FZ \"On Production and
Consumption Waste\", as well as classification of medical waste, as provided for by the Federal Classification of Waste,
approved by the Order of the Ministry of Natural Resources of the Russian Federation N 786 of December 2, 2002
for medical waste (hospitals and medical rehabilitation institutions). The author analyzes the issues of lawfulness of
administrative responsibility of persons violating the procedure for treatment of the medical waste, organs not being
competent to control over the compliance with the sanitary and epidemiological norms. The author applies comparative
legal studies in order to single out differences and general patterns of development of legal matters. Comparative
legal method becomes necessary for any scientific legal study, since with its help it becomes possible to develop
proposals for the improvement of the current administrative law. Synchronic comparison (limited to short periods of
time) involves Russian legal system (domestic comparison), allowing to provide general characteristics of the legal
system. Normative comparison involves similar legal norms, legislative acts, terms, definitions, classification. Internal
comparison mostly involved the level of the legal norms in the same sphere (mycro-comparison). Methodological basis
for this work mostly involves comparative legal method of studies. The article singles out some problems regarding
treatment of medical waste and administrative responsibility for the violations in the sphere of disposal of medical
waste in Russia, as well as provides analysis of gaps and defects of the Russian legislation in this sphere, developing
recommendations for the improvement of the Russian legislation on administrative legal regulation of turnover of
medical waste. The issues of administrative legal regulation of turnover of medical waste and administrative responsibility
in this sphere are rather topical, ever since the Federal Law “On the Environmental Protection” was amended
in 2008. There is an obvious legislative shortcoming in the sphere of treatment of medical waste, causing the guilty
organizations to avoid responsibility in this sphere. The absence of definition of “medical waste” legislative provisions
of the issues of licensing in the sphere of turnover of medical waste and passports of medical waste, discrepancies
between the classification of medical waste and classes of danger under the Federal Law “On Production and Consumption
Waste” cause insufficient control regulation of this sphere, as well as incorrect treatment of medical waste.
In turn, it allows the institutions avoid responsibility for the violations in the sphere of disposal of medical waste, and
raises the level of risks of harming the environment, contamination and traumas among the population in general and
employees of the health sphere in particular.
Keywords:
waste, waste of medical prophylactic institutions, medical waste, classification of waste, licensing, passports, responsibility, turnover, collection of waste, transportation of medical waste.
Liability in administrative and municipal law
Reference:
Ryzhkova, A.N.
On the issue of administrative responsibility for the illegal labor activities of a foreign citizen or a person without
citizenship in the Russian Federation.
// Administrative and municipal law.
2014. ¹ 10.
P. 1039-1047.
URL: https://en.nbpublish.com/library_read_article.php?id=65558
Abstract:
In the conditions of growing number of labor migrants searching for employment in the territory of the Russian
Federation, the study of administrative offences in the sphere of violations of labor migration legislation becomes quite
topical. The object of studies involves theoretical and practical aspects of functioning of the institution of administrative
responsibility for the violations in the sphere of labor migration in the Russian Federation, namely, those related to the
unlawful labor activities of a foreign citizen or a person without citizenship in the territory of the Russian Federation (Art.
18.10 of the Administrative Offences Code of the Russian Federation). Method and methodology of studies are based
upon the accumulation of the general scientific and specific scientific means and methods used by the legal science in
general, such as dialectic, historical, structural systemic, comparative legal, statistical, formal logical, analysis, systemic
method. Generally, the work involves all of the cognition methods as a combination, while the priority is provided to the
methods of comparative legal studies and analysis. The scientific novelty of this study is due to the fact that the author attempts
to provide a comprehensive evaluation of administrative responsibility for the illegal labor activities by a foreign
citizen or a person without citizenship in the Russian Federation. The article involves the key definitions in this sphere, the
author provides analysis of the current situation in the labor migration legislation as well as administrative responsibility
for its violations, noting the tendency for the stricter administrative responsibility, including higher fines.
Keywords:
administrative responsibility, labor migration, foreign citizen, foreign workforce, permit to work, patent, employment, administrative deportation, administrative fine, administrative offence.
Liability in administrative and municipal law
Reference:
Konstantinova, L.V.
Administrative offences in the sphere of copyright protection within the sphere of competence of the customs bodies.
// Administrative and municipal law.
2014. ¹ 10.
P. 1048-1054.
URL: https://en.nbpublish.com/library_read_article.php?id=65559
Abstract:
The article is devoted to the topical issues within the system of legal relations in the sphere of procedural
developments regarding administrative offences in the sphere of protection of copyright within the competence of
the customs bodies within the framework of the Customs Union, as well as to the specific features of initiating of an
administrative offence case under Art. 14.10 of the Administrative Offences Code of the Russian Federation in cases
of unlawful use of trademark belonging to the third parties, problems regarding proving guilt of a person transferring
counterfeit goods, as well as issues on improving interaction among the competent controlling bodies, both in
Russia and in the Customs Union Member States. The scientific study is based upon the comparative and scientific
methods of studies, and they are applied for the purpose of improvement of administrative proceedings in the sphere
of copyright. Based upon the analysis of the social relations in the sphere of administrative offences cases regarding
copyright protection within the competence of the customs bodies within the framework of the Customs Union, the
author formulates proposals for the improvement of the legislation in the sphere of proceedings on administrative
offences cases and interactions among the controlling bodies in this sphere. In order to achieve the goals mentioned
in the Strategy in order do intercept the copyright offences, there is need for the harmonization of the legislations of
the Customs Union Member States on administrative offences. There is also need to improve inter-departmental and
international cooperation at the supranational level (that is, at the level of the Customs Union), for example, there
may be created an unified information database of the documents of various controlling bodies interacting with the
customs bodies of the Customs Union.
Keywords:
administrative offence, protection of exclusive rights, copyright objects, the Customs Union, counterfeit products, title owner, trademark, similar goods, expert, transition.
Law-enforcement legislation
Reference:
Admiralova, I.A.
Legal regulation of improving efficiency of administrative police activities within the framework of guaranteeing basic
human rights and freedoms.
// Administrative and municipal law.
2014. ¹ 10.
P. 1055-1066.
URL: https://en.nbpublish.com/library_read_article.php?id=65560
Abstract:
The article concerns legal and administrative fundamentals of administrative police activities within the
framework of guaranteeing basic human rights and freedoms in the sphere of internal affairs. Attention is paid to the
number of organizational and legal problems, which need to be resolved in order to improve efficiency and to guarantee
optimum level of police activities for the purpose of guaranteeing basic human rights and freedoms. Improving
the efficiency of administrative police activities shall allow to improve the quality of the police work in general, it shall
also facilitate the improvement of the level of lawfulness and discipline in the activities of the police. 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.). The problem of raising the level of efficiency
of the administrative police activities is especially topical these days. It has to do with a number of problems
appearing in the sphere of internal affairs, especially concerning guarantees of basic human rights and freedoms. The
term “efficiency” includes various aspects, but it is traditionally understood as a situation when an optimum result
is achieved with the minimal use of time, efforts and material resources. As it is noted in the scientific literature, the
value of the term “efficiency” is due to the fact that it unites within a single complex matter the issues of social prerequisites
for the legal norms, as well as the issues of their implementation, facilitating finding the most rational legal
means, as well as the norms for their implementation.
Keywords:
efficiency, effect, police, rights, freedoms, obligations, responsibility, criteria, method, form.
Law-enforcement legislation
Reference:
Sizov, I.Y.
Legal regulation of dual jobholding in the internal affairs bodies (police).
// Administrative and municipal law.
2014. ¹ 10.
P. 1067-1072.
URL: https://en.nbpublish.com/library_read_article.php?id=65561
Abstract:
The article concerns the main directions of legal regulation of dual jobholding in the internal affairs bodies.
It is noted that currently the regime of dual jobholding in the internal affairs bodies requires legislative regulation. It
is feasible to use foreign experience and to officially permit dual jobholding for the internal affairs officers in the commercial
organizations on a condition that there are no conflicts of interests in the state service. It is possible to provide
for a number of obligations in the sphere of dual jobholding: dual jobholding of internal affairs officers outside the MIA
of Russia may only be permitted by the superiors of the internal affairs body; the employees cannot use the resources
of the internal affairs bodies for the interests of their dual jobholding. The methodological basis for the scientific article
was formed by the current achievements of the theory of cognition. The process of studies involved general philosophical,
theoretical methods, as well as traditional legal methods, and methods specifically used in social studies. As for the
labor legislation on dual jobholding, Art. 282 of the Labor Code of the Russian Federation provides that dual jobholding
(secondary jobs) is when an employee performs other regular paid work on the conditions of the labor contract in his free
time from the main job. The work of dual jobholders is regulated in more detail by Chapter 44 of the Labor Code of the
Russian Federation. The main characteristic features of the dual jobholding are as follows: the employee has a main job
(has a labor relation with an employer); he performs his secondary job in his spare time from his main job; his secondary
job is based upon a separate labor contract.
Keywords:
coercion, limitation, prohibition, policeman, police, officer, service, dual jobholding, corruption, dismissal. Administrative legal regimes and municipal self-government
Administrative legal regimes and local self-government
Reference:
Belyaeva, G.S.
Legal regimes based upon advantages: on the issue of definition.
// Administrative and municipal law.
2014. ¹ 10.
P. 1073-1080.
URL: https://en.nbpublish.com/library_read_article.php?id=65562
Abstract:
The article for the first time in the legal literature provides an attempt of the general theoretical analysis
of the contents and elements of legal regime based upon advantages. The author analyzes views in legal literature
on nature and contents of legal regimes, establishing special advantages for certain subjects (privileges, benefits),
characterizing its elements. The author also studies goals, specific features of legal provisions, principles, guarantees
of these legal regimes. Attention is paid to the problem of lawfulness of legal regimes, which are based upon the
advantages for certain categories of legal subjects and possible departures from the principle of general equality of
persons in court and under the law. The article involves various general scientific techniques and methods of logical
cognition: analysis, synthesis, abstraction, modeling, systemic structural, functional, formal logical approaches. The
special methods involve specific sociological and statistical methods, and specific scientific methods include formal
legal method, comparative legal method and method of interpretation of legal norms. As a result of the studies the
author offers her own definition of a legal regime based upon the privileges. It is defined as a special order or legal
regulation of the social relations, which is expressed by a certain combination of legal means – permissions (subjective
rights, lawful interests, advantages, privileges, immunities, benefits, etc.), guarantees and principles, which are aimed
at the formation of the beneficial conditions for the satisfaction of the interests of legal subjects and achievement of
the optimum social situation.
Keywords:
legal regime, legal advantages, permissions, advantages, immunities, guarantees, regulation procedure, social situation, legal means, principles
Reviews and bibliography
Reference:
Kurakin, A.V., Ostroushko, A.V.
Review of the monograph by Bukalerova, L.A., Gavryushkina, Y.B. “Comparative analysis of criminal legal counteraction
against intermediary in bribery”, Moscow, Yurlitinform, 2014, - 192 p.
// Administrative and municipal law.
2014. ¹ 10.
P. 1081-1084.
URL: https://en.nbpublish.com/library_read_article.php?id=65563
Abstract:
Development of economics and social infrastructure tends to corrode the state government and administration
bodies first of all. Due to the predominant corruption among the state and municipal officials, the citizens are
being pushed out from the spheres of free of charge obligatory services in the sphere of healthcare, education, social
guarantees. Free of charge public educational, social and administrative services become paid for them. Corruption
allows the offenders to avoid legal responsibility for their unlawful acts, making them feel impunity, and lowering the
prestige of the judicial and law-enforcement bodies in particular, and government as a whole among the population,
and causing the dangerous legal nihilism. 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.). Growth of corruption, and more specifically, of bribery as its most socially dangerous form,
is facilitated by various objective and subjective factors. However, many industrially developed foreign states have
formed efficient systems of fighting corruption, and there is an atmosphere of zero tolerance towards this dangerous
social matter among the population in general.
Keywords:
corruption, offence, counteraction, bribe, intermediary, punishment, law, limitation, prohibition, standard. Administrative and municipal law and the environmental problems.
Administrative law, municipal law and environment issues
Reference:
Kurilova, E.V.
System of government bodies applying the legislation on administrative responsibility in the environmental sphere in
the process of prosecutor supervision.
// Administrative and municipal law.
2014. ¹ 10.
P. 1085-1090.
URL: https://en.nbpublish.com/library_read_article.php?id=65564
Abstract:
In the process of organization and implementation of prosecutor supervision over the compliance with the legislation
on administrative responsibility in the environmental sphere, it is first of all necessary to cover all of the scope of
the competent government bodies and officials involved in administrative prosecution in this direction within the scope
of such supervision, since these bodies and officials often violate the federal and regional legislation, casting a negative
influence upon rights, freedoms and lawful interests of the persons, official and legal entities. Methodological basis
for the study was formed with the general scientific, dialectic and specific scientific methods of cognition of social and
legal events in the sphere of implementation and organization of prosecutor supervision over the compliance with the
legislation in the sphere administrative responsibility for violations in the sphere of environmental protection. Analysis of
the current legislation has shown that the system of government bodies implementing the legislation on administrative
responsibility in the environmental sphere falling within the scope of prosecutor supervision has certain specific features,
which is due to the distinction between the federal administrative offences and the offences provided for by the laws of
the constituent subjects of the Russian Federation. The competence in the sphere of application of the said legislation is
spread among the federal executive bodies (federal ministries, services, agencies), their territorial bodies and structural
divisions, they are transferred to the executive bodies of the constituent subjects of the Russian Federation and municipal
bodies according to the spheres of competence of the Russian Federation and its constituent subjects. The article
provides a clear view on the system of government bodies applying the legislation on administrative responsibility in the
environmental sphere, facilitating the due prosecutor supervision in the said sphere.
Keywords:
prosecutor, supervision, administrative, responsibility, environmental, sphere, prosecutor, system, bodies, power.
Administrative law, municipal law and environment issues
Reference:
Vorontsova, O.V.
On the issue of environmental functions of the municipal bodies (example of the Komi Republic).
// Administrative and municipal law.
2014. ¹ 10.
P. 1091-1100.
URL: https://en.nbpublish.com/library_read_article.php?id=65565
Abstract:
The article provides analysis of the environmental functions of the municipal self-government bodies according
to the legislation of the Russian Federation and of the Komi Republic, namely, the environmental functions of the representative
municipal bodies and competence of executive bodies of municipal entities, heads of municipal entities – head
of the Administration of the City District. The object of studies is regulated in much detail in the current legislation. The
author has analyzed the system of the specific environmental functions of the municipal bodies, as well as some problems
appearing in the process of their implementation. The process of writing the article involved the following methods: philosophical (dialectic, metaphysical), general scientific methods applied at the empiric (observation, measurements,
etc.), and theoretical cognition levels (idealization, formalization). The article also involved specific scientific cognition
methods, such as comparative legal method, statistical and historical method). The study of specific environmental
functions of the municipal bodies (representative bodies of certain municipal formations, executive municipal bodies) in
the territory of the Komi Republic was held for the first time within this research. Agreeing with some legal scholars, the
author makes a conclusion that among the main shortcomings of the current environmental legislation at the local level
the main ones involve lack of flexibility and overlapping competences (in spite of the differences between the municipalities
on the quantity of residents, financial, environmental elements, etc.) of the municipal self-government bodies.
Keywords:
environmental functions, municipal bodies, the Komi Republic, competence, legislation of the Komi Republic, legislation of the Russian Federation, environmental doctrine, municipal environmental control, efficiency monitoring, public environmental council.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
Public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions
with the public government bodies in the process of public control: definition, contents, implementation mechanism.
// Administrative and municipal law.
2014. ¹ 10.
P. 1101-1110.
URL: https://en.nbpublish.com/library_read_article.php?id=65566
Abstract:
The object of studies involves public hearings on the issues of fighting corruption as one of the forms of interaction
of the civil society institutions with the public government bodies in the process of public control. The goal of the
study is to describe and to explain the contents of public hearings on the issues of fighting corruption as one of the forms
of interaction of the civil society institutions with the public government bodies in the process of public control. The immediate
goals of the study involve: a) describing the contents of public hearings on the issues of fighting corruption as
one of the forms of public control; b) to develop the scientific legal definition of public hearings on the issues of fighting
corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the
process of public control; c) to offer mechanisms for the implementation of the public hearings on the issues of fighting
corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process
of public control. The methodological basis for the studies is based upon the dialectic materialism, and the general
scientific methods of cognition used in the modern humanities. The scientific novelty is due to the fact that for the first
time in the legal science the author offers a scientific legal definition of the public hearings on the issues of fighting corruption
as one of the forms of interaction of the civil society institutions with the public government bodies in the process
of public control, discussing the contents of this legal category, offering procedural and technological mechanisms for the
implementation of the public hearings on the issues of fighting corruption as a form of public control.
Keywords:
corruption, fighting corruption, anti-corruption system, public hearings, public hearing, anti-corruption legislation, anti-corruption programs, hearings, public government bodies, civil society institutions.