Administrative law, municipal law and security
Reference:
Demina, M.F.
Administrative legal regulation of private detective and security services and permissive system
// Administrative and municipal law.
2014. ¹ 2.
P. 95-102.
URL: https://en.nbpublish.com/library_read_article.php?id=63953
Abstract:
Topicality of this article is due to the fact that the development of the institution of private detective and
security services goes on in a complicated and contradictory environment. The variety of detective and security
activities and the development of entrepreneurial activities caused the need for the formation of the market for
security and detective services. The demand for the services of private detective and security enterprises is currently
rather high. According to the data provided by the information centers of the Ministry of Internal Affairs of the Russian
Federation over 23 000 private security enterprises and about 4000 security services are registered, and they work
with over 250 000 objects, the total number of employees of private security companies amounts to 740 000 people.
They have 119 000 units of firearms, 83 700 pistols. Over 1 000 000 people work for private detective and security
companies. The process of studies involved theoretical, general philosophical methods (dialectic, systemic method,
analysis, synthesis, analogy, deduction, observation, modeling), as well as the traditional legal methods (formal logic),
and the methods used in specific sociological studies (statistical, expert evaluation, etc.). In the process of formation of
the rule-of-law state the issue of reliable protection of rights and lawful interests of natural persons and legal entities
is especially topical. In the market economy conditions the existing state law-enforcement bodies fail to guarantee
necessary level of security for the citizens and entrepreneurial subjects. That is why private detective and security
enterprises appeared in mass quantities in 1990s in Russia.
Keywords:
police, security, guard, detective, detective work, the Ministry of Internal Affairs, the Department of Internal Affairs, control, permission, system.
Administrative enforcement
Reference:
Kareeva-Popelkovskaya, K.A.
On the issue of classification of administrative coercion in police activities
// Administrative and municipal law.
2014. ¹ 2.
P. 103-118.
URL: https://en.nbpublish.com/library_read_article.php?id=63954
Abstract:
Various legal and organizational means of influence with various effects upon the participants of the
relevant relations are used within the system of state administration of the Russian Federation in order to guarantee
lawfulness and legal order. The choice of regulation methods for the activities of participants of public law relations
depends on their place and role within the administration system, on their goals and aims, as well as lawful or
unlawful character of their behavior. The methods of convincing and coercion are traditionally used in administrative
relations. Each of these methods is used in accordance with the situation and the goals of law-enforcement. The
police activities employ administrative methods typical of police activities and guarantees of legal order. 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.). Implementation
of executive power and guarantees of public order may be directly implemented in practice with the use of certain
means and methods of strategic influence upon conscience and behavior of people. Convincing and coercion being
two mutually complementing methods of state administration serve as these methods at the current stage of
development of the society. Their social purpose and efficiency of their influence is due to the fact, that, firstly, they
are caused by general social and economic patterns of development of the society, and secondly, they should be in
inseparable unity, thirdly, they depend on how correctly and socially adequately the economic and political needs
of society are reflected.
Keywords:
classification, official, police officer, coercion, criterion, police, implementation, prevention, arms, special means.
Liability in administrative and municipal law
Reference:
Akimova, N.V.
On the issue of efficiency of administrative legal means of fighting offences in the sphere of copyright
// Administrative and municipal law.
2014. ¹ 2.
P. 119-127.
URL: https://en.nbpublish.com/library_read_article.php?id=63955
Abstract:
The article concerns specific features of application of administrative legal means for the guarantees of the
protection of legal formation of mechanisms for the legal protection of copyright, which would conform with the
modern needs. Having analyzed the issue of role and place of administrative coercion within the sphere of fighting
offences against copyright and grounds for its application, the author notes that administrative legal preventive
measures in the sphere of copyright protection have some positive features, which are due to its comparative
ease and fast implementation, allowing for operative reaction to the copyright violations. Additionally, application
of administrative legal measures is possible in a number of cases, and in the copyright sphere in particular in a
preventive way without the offences, which makes it more efficient towards both natural persons and legal entities.
Also, the administrative decisions may be used in future as evidence of copyright violation by a respondent in a
civil or an arbitration process. In the process of preparation of this article the author used the comparative legal
method, sociological method of systemic analysis, comparative and historical comparative method, and the structural
functional method. Discussing efficiency of administrative legal sanctions, it is noted that it depends both at their
unavoidable and operative application, and their efficiency, which relates to the amounts of monetary fines. At the
same time, the author states that higher sums of administrative fines should be regarded from a fiscal standpoint,
that is, these measures should not be aimed at income into federal and regional budgets.
Keywords:
copyright, administrative legal sanctions, basis for legal responsibility, administrative coercion, offence, evidence, counteraction, efficiency, convincing, politics.
Law-enforcement legislation
Reference:
Mitrokhin, V.V.
Administrative procedures for the service in the internal affairs bodies
// Administrative and municipal law.
2014. ¹ 2.
P. 128-140.
URL: https://en.nbpublish.com/library_read_article.php?id=63956
Abstract:
Training of the cadres for the government bodies is one of the most important events within the process of
the formation of the rule-of-law state. First of all, it concerns training of the staff and implementation of the cadres
policy in the bodies, which are aimed at support and protection of government. This study concerns the use of
administrative legal means for guaranteeing the cadre policy in the internal affairs bodies, as a constituent element
for the state cadres policy. This approach allows to see the general patterns within the framework of implementation
of the state cadres policy and through their prism to make propositions for the improvement of administrative legal
means regarding service in the internal affairs bodies. In the process of preparation of this article 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.). When defining the conceptual basses for the institutional
cadres policy the Ministry of Internal Affairs of the Russian Federation recognizes the need to form a new professional
and moral personality of the internal affairs officers, as well as the renewal of the cadres potential of police and other
divisions of the Ministry. The cadres policy of the Ministry of Internal Affairs of the Russian Federation is a complex
of ideas, principles and norms, regulating the activities of the head of the bodes, organizations and divisions of the
Ministry of Internal Affairs of the Russian Federation for the formation of the staff, managing the personnel, federal
state civil servants, employees of the internal affairs bodies.
Keywords:
cadres, the MIA, police, service, law-enforcement, procedure, contract, contest, regulation, dismissal.
Law-enforcement legislation
Reference:
Kurakin, A.V., Kostennikov, M.V., Kareeva-Popelkovskaya, K.A.
Administrative legal relations and their implementation in police activities in the process of application of restraint
measures
// Administrative and municipal law.
2014. ¹ 2.
P. 141-157.
URL: https://en.nbpublish.com/library_read_article.php?id=63957
Abstract:
Administrative restraint measures implemented by the police staff form a constituent part of the system of
administrative coercion, including organizational, verbal and psychological, proprietary, and organizational means,
which are implemented in cases of behavior, which his deviant from lawfully established and generally accepted norms
for the behavior of natural persons and legal entities, appearance of man-made, natural and other circumstances.
These measures are aimed at the prevention, interception and procedural registration of administrative offences,
other unlawful acts or emergency situations. The methodological basis for the studies was formed by the modern achievements of cognition theory. In the process of preparation of this article the authors 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.). Implementation of executive power and guarantees of public order may be
directly implemented in practice with the use of certain means and methods of strategic influence upon conscience
and behavior of people. Convincing and coercion being two mutually complementing methods of state administration
serve as these methods at the current stage of development of the society. Their social purpose and efficiency of their
influence is due to the fact, that, firstly, they are caused by general social and economic patterns of development
of the society, and secondly, they should be in inseparable unity, thirdly, they depend on how correctly and socially
adequately the economic and political needs of society are reflected.
Keywords:
police, prevention, administrative relations, coercion, supervision, jurisdiction, bodies, the Ministry of Internal Affairs, protection of legal order.
Administrative process and procedure
Reference:
Serov, A.S.
Administrative procedural legal personality of participants of the proceedings on administrative offence cases
// Administrative and municipal law.
2014. ¹ 2.
P. 158-164.
URL: https://en.nbpublish.com/library_read_article.php?id=63958
Abstract:
The studies of administrative legal position of participants of the administrative offence cases shows that
the problem of guaranteeing rights and lawful interests of a person in the proceedings on administrative offence
cases has several main aspects regarding proceedings on administrative offence cases, application of administrative
coercion measures, activities of the state in the sphere of guaranteeing rights and lawful interests of natural persons
and legal entities in the administrative legal sphere. The author of the article notes importance of the improvement
of the procedural status of the participant of the proceedings on administrative offence cases. The methodological
basis for the studies was formed by the modern achievements of cognition theory. In the process of preparation of this
article the authors 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 studies of administrative procedural
status of the participants of proceedings on administrative offence cases are quite topical. It is due to a number of
circumstances, one of which is the fact that for all of the branches of law “legal position of the subject of law” is a key
category, revealing a number of substantial legal institutions. Additionally, the development of Russian legislation on
administrative offenses may be characterized by a number of contradictions in the Administrative Offences Code of the
Russian Federation, which form obstacles for the achievement of all of the goals of the proceedings on administrative
offences cases.
Keywords:
delict, delictual dispositive capacity, legal personality, transactional capacity, sanction, responsibility, status, participant, punishment, sanction.
Administrative process and procedure
Reference:
Agamagomedova, S.A.
Characteristics of customs services provided with in the framework of copyright guarantees by customs bodies
// Administrative and municipal law.
2014. ¹ 2.
P. 165-172.
URL: https://en.nbpublish.com/library_read_article.php?id=63959
Abstract:
The article provides characteristics of customs services provided by the customs bodies within the framework
of its copyright protection function. Distinguishing the terms “state function” and “state service”, the author singles
out the system of customs services (general and specific) within the implementation of copyright protection by the
customs bodies. Such services include consulting and provision of information by customs bodies, maintaining the
customs register of copyright objects and a number of customs procedures. Efficient implementation of the said
function of the customs bodies in the sphere of protection of copyright objects is based upon the combination of the
special and general services to the customers, who are first of all the holders of exclusive titles to copyright objects.
Keywords:
customs bodies, customs services, functions of customs bodies, customers for customs services, customs register, information, consulting, administrative regulation, quality of customs services, copyright object.
Public service, municipal service and issues in the fight against corruption
Reference:
Nekrasova, T.A.
Problems and perspectives of public-private partnership in the sphere of fighting corruption
// Administrative and municipal law.
2014. ¹ 2.
P. 173-177.
URL: https://en.nbpublish.com/library_read_article.php?id=63960
Abstract:
The article concerns the possibility of using the mechanisms for public-private partnerships in relation to
fighting corruption. It is noted in the article that the Anglo-Saxon states have a progressive approach towards fighting corruption in the private law sphere. There is a positive practice of responsibility for the bribery in the private sphere
not in a domestic territory of the state, but also abroad. At the same time the measures for the prevention of private
law corruption, rather than the repressive measures, are regarded as having the most perspective in company sphere.
Due to taking a number of obligations within a number of international anti-corruption acts
(first of all the UN Convention Against Corruption of October 31, 2003 and the OECD Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions) the legislation of the Russian Federation on
corruption prevention was significantly changed and amended. One of such changes included legislative provisions
for the prevention of corruption in the private law sphere. In particular, the Federal Law “On Fighting Corruption” was
amended with the Art. 13.3 “Obligation of organizations to take measures to prevent corruption”, according to which
the organizations were obliged to develop and adopt measures for corruption prevention. The implementation of a
complex of such measures should be aimed at formation and introduction of internal corporate anti-corruption policy
with detailed regulation of such activities.
Keywords:
corruption, partnership, fight, counteraction, influence, official, servant, prophylactics, prevention, punishment.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
Anti-corruption agitation as information means for fighting corruption: definition and elements
// Administrative and municipal law.
2014. ¹ 2.
P. 178-185.
URL: https://en.nbpublish.com/library_read_article.php?id=63961
Abstract:
In this article for the first time in the Russian legal science based upon the analysis of regional anti-corruption
legislation and relate normative legal acts, as well as Russian and foreign scholarly sources the author provides
comparative legal analysis of the legal category “anti-corruption agitation” and related legal definitions. Using the
method of structural analysis the author uncovers the key contradictions and defects in the approaches of Russian
and foreign scholars towards elements of anti-corruption agitation as information means for fighting corruption, and
the author offers his own definition of anti-corruption agitation. The definition, which is offered by the author has a
number of advantages, namely, it has a more complete description of a range of competent subjects in the sphere of
anti-corruption agitation, points out the object of anti-corruption agitation, defines and fixates the main goals of anticorruption
agitation, refers to the subjects of anti-corruption agitation, provides for the use of unlimited range of anticorruption
information means, forms and methods of implementation, allows to unify anti-corruption law-making and
improve the quality of regional and municipal law-making activity.
Keywords:
corruption, fighting corruption, agitation, anti-corruption policy, anti-corruption advertisement, anticorruption agitation, anti-corruption information, anti-corruption worldview, anti-corruption enlightenment, anticorruption behavior.
Public law: New challenges and realities
Reference:
Akopdzhanova, M.O.
Implementation of the principle of supremacy of law in legislation and law-enforcement activities
// Administrative and municipal law.
2014. ¹ 2.
P. 186-189.
URL: https://en.nbpublish.com/library_read_article.php?id=63962
Abstract:
The current Constitution of the Russian Federation of 1993 has enshrined the international legal principle of
supremacy of law among the provisions forming the fundamentals of the constitutional structure of the state. Having
the status of an international and a constitutional principle, this principle formed the basis for the federal, regional
and local legislation. In order to achieve further implementation of the principle of supremacy of law, a number of
norms of the current Russian legislation need to be clarified, first of all, in respect to narrowing the “evaluative”
category in legislation. In this article the author evaluates the possible options for clarification of dispositions of legal
norms in order to guarantee uniformity of law-enforcement practice. Methodological basis for this study included the
combination of general and specific scientific methods for cognition of objective social and legal reality within the
field of study: the methods of analysis, synthesis, systemic method, generalization method, formal logical, statistical
and sociological methods were used. The article includes evaluation and analysis of the most significant aspects
and elements of international principle of the supremacy of law and specific features of its interpretation in the
Russian legislation. In the process of studies based upon the analysis of the legal practice, the author revealed existing
problems within the sphere of functioning of this principle, and proposed the means to resolve them.
Keywords:
right, supremacy, law, law-enforcement activity, principle, international acts, norms of the Russian law, dispositions of criminal law norms, improvement, uniformity of legal practice.