Theory and science of administrative and municipal law
Reference:
Gromova, G.A.
Theoretical problems of singling out administrative law in the Russian jurisprudence
// Administrative and municipal law.
2014. ¹ 5.
P. 409-416.
URL: https://en.nbpublish.com/library_read_article.php?id=64242
Abstract:
The article concerns stages of development and nature of administrative law as reflecting the political and historical
specificities of the Russian state, the author discusses the problems of singling out administrative law as a separate branch
of law. The author provides historical legal analysis of the problems regarding development of the science of administrative
law. The author analyzes the main features of internal development of the forms of management and administration
of the state administration system, regulation of state administration by the state, development of norms, definition and
science of administrative law. The article contains analysis of object and system of administrative law in various historical
periods. The study of history of development and formation of administrative law via the comparative analysis methods
facilitates comprehensive scientific understanding and theoretical substantiation of existing administrative law, as well
as the stages of its development, which is important for the active development of new theoretical legal and legislative
instruments for the regulation of relations, appearance of new disciplines, sub-disciplines and institutions of the legal
system. The article also involves diachronic comparison methods. The author studies police and administrative legislation
of Russia in XVIII–XIX centuries, comparing the stages of development of the Russian administrative legal thought in
XVII — early XX centuries. The author then draws conclusions on the development of administrative legal science regarding
definition of its object, methodology, system, formation of the main administrative law categories. For the comparison purposes
the author takes the Russian legal system (internal comparison), allowing for the general characteristics of the certain existing
Russian legal system. In order to study administrative legislation the author uses Russian legal system and the police law of
Germany, since the science of administrative law in Russia appeared and developed under the direct influence of the Western
European law and literature. Depending on the objects of studies comparison is made at various levels. The author provides
texts of the norms, that are being compared, providing comparison of the norms of XVII–XIX centuries and current norms (microcomparison).
In additional the author uses comparison of legal institutions (branch comparison) in regard of the legal system
in general and studies of the social factors. The normative comparison includes comparison of similar legal norms, institutions,
legislative acts, existing terminology, normative comparison. The studies of definition and changes in the administrative law
from the standpoint of historical specificity of Russia is due to understanding that regulation of social relations in the sphere
of state administration may only be understood when stages of its developments are duly comprehended. The study of history
of development and formation of the administrative law, history of administrative legal thought of Russia facilitates the most
complete scientific understanding and theoretical substantiation of the formed administrative law, stages of its development,
which is important for the development of new theoretical legal and legislative instruments for the regulation of relations,
appearance of the new disciplines, sub-disciplines and institutions in the legal system. This is what practical value of this work
is concerned with. The scientific historical and legal literature has insufficient amount of studies devoted to these issues. Some
aspects of the issue are studied only within the science of history of state and law, where they are traditionally viewed for
each historical epoch and period of development of the state and law independently. That is why topicality of the historical
legal analysis of administrative law, which in the end may facilitate the historical development, finding the comprehensive
approach towards the current administrative legislation in Russia, is so relevant, since the choice of literature on the history of
administrative law of Russia is rather scarce.
Keywords:
administrative law, police law, state administration, cameral science, singling out administrative legislation, branch of law, Russian jurisprudence, internal administration law, executive branch, police.
Liability in administrative and municipal law
Reference:
Prokofiev, K.G.
Subjects of administrative responsibility for the violation of procedure for the organization and holding of gatherings,
meetings, demonstrations, walks and picketing.
// Administrative and municipal law.
2014. ¹ 5.
P. 417-424.
URL: https://en.nbpublish.com/library_read_article.php?id=64243
Abstract:
The development of democratic principles an institutions of people’s rule takes place in a complicated and
contradictory situation. That is why, the state needs to take maximum effort in order to guarantee public order, and to protect the right of people in the process of public political events. In the conditions of political instability in the Russian
society the separatist and extremist tendencies are growing. That is why, formation of additional legal and organizational
mechanisms for minimizing the defects in the development of the Russian political system is especially topical. The right
to organize, hold and participate in meetings, gatherings, demonstrations, walks and picketing is a general democratic
an constitutional value. It allows citizens and their associations to take part in the political life of the state, to show their
demands to the state and to support their interests within the wide range of social issues. 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.). Taking into account the gravity of some administrative
offences taking place when holding meetings, gatherings, demonstrations, walks and picketing, it is offered to amend
Art. 4.3 “Circumstances aggravating administrative responsibility” of the Administrative Offences Code of the Russian
Federation, and include p.7, where it should be stated that an aggravating circumstance for the participant of a public
event is use of Nazi attributes and symbols or public demonstration of attributes or symbols of extremist organizations
in the course of relevant event.
Keywords:
responsibility, offence, elements of an offence, punishment, qualification, meeting, demonstration, walk, picketing, organizer.
Liability in administrative and municipal law
Reference:
Serov, A.S.
On the issue of legal status of a person towards whom the proceedings on administrative offence case are implemented.
// Administrative and municipal law.
2014. ¹ 5.
P. 425-429.
URL: https://en.nbpublish.com/library_read_article.php?id=64244
Abstract:
The studies of the administrative legal position of the participants of proceedings on administrative
offence cases are quite topical. It is due to a whole range of circumstances, one of which is the fact that for all of
the branches of law the legal position of a subject of law is key, revealing the main legal institutions. Additionally,
the development of the Russian legislation on administrative offences is characterized with certain difficulties
and contradictions. That is why, the studies of administrative positions of the participants of the proceedings on
administrative offence cases may reveal a number of contradictions, serving as obstacles in the way for achieving
the goals of the proceedings on administrative offences cases. All of these and a number of other circumstances
provide for the need to improve the norms of administrative law, defining the legal position of the participants of
the proceedings on administrative offences cases. 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 issue of subjects of the branch of law is one of the most topical and
complicated ones in the legal science. Its correct resolution influences the object and method of legal regulation,
clear definition of the addressees of the legal norms, amount of their rights and obligations, limitations to
the application of legal norms in the relevant discipline and its principles. The studies devoted to the subjects
of administrative law facilitate the development of recommendations for the legislative and law-enforcement
activities, assisting development of recommendations for legislative and law-enforcement activities, they are also
necessary for the organization of the scientific work of scientists specializing in administrative law.
Keywords:
status, positions, rights, obligations, responsibility, guarantees, regulation, coercion, sanction, influence.
Administrative law, municipal law and human rights
Reference:
Admiralova, I.A.
Status of citizens as subjects of administrative law and role of the police in its guarantees.
// Administrative and municipal law.
2014. ¹ 5.
P. 430-439.
URL: https://en.nbpublish.com/library_read_article.php?id=64245
Abstract:
The article concerns legal and organizational problems regarding implementation of the administrative legal
position of citizens, showing the role of the police within the mechanism of guarantees of rights and lawful interests of
citizens in the sphere of administration. The article also states that guaranteeing rights and lawful interests of the citizens
is top priority in police work. 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 rights and freedoms of persons is one of key issues of the legal science. There are many various scientific works devoted to this issue. However, the logic of development of the social processes, as well as the practice of statebuilding
presuppose the objective need for once again turning to the issue of legal position of persons in the sphere of
norms of administrative law. In other words, the issue of legal status of a person within the administrative activity regime
is currently quite topical, and it is also a primary goal to establish the role and value of police in guarantees of rights and
freedoms of people in various spheres of state administration.
Keywords:
individual, citizen, person, police, status, guarantees, control, protection, guarding, position.
Administrative law, municipal law and other branches of law
Reference:
Kozyaikin, N.Y
On the issue of sources of advocacy criminalization.
// Administrative and municipal law.
2014. ¹ 5.
P. 440-446.
URL: https://en.nbpublish.com/library_read_article.php?id=64246
Abstract:
The article concerns topical problems of criminal influence of the sphere of activities of modern advocates. The
position of an author includes evaluation of the complex of criminologically valuable circumstances of poly-disciplinary
legal character, which serve as prerequisites for the criminalization of advocacy. They include deformation of legal
conscience and legal nihilism of the defense lawyers, influence of the criminal sub-culture, defects of legal regulation.
Provisions of legal services by an advocate does not fall within the scope of entrepreneurial activities, which are aimed
at gaining income and making profit. The provision of para. 2 of Art. 1 of the Federal Law of May 31, 2002 N. 62-FZ
(ed. of July 2, 2013) “On advocate activities and advocacy in the Russian Federation” according to which advocacy is
not entrepreneurial activity sounds quite clear on this issue. In spite of the above, it should be noted that advocates
have special status of self-employed subjects providing non-commercial activities via remunerated contracts for legal
services. 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.). While studying
organizational and legal determining factors for appearance and development of services, the author offers to refer to the
position of the renowned representative community of advocates E. Semenyako, who provides the following statement:
“we are practically the only country in Europe, where individual entrepreneurs and persons having no legal education
are competent to provide legal aid, along with the advocates. As a result while advocates are responsible for the results
of their work and gain their status as a result of qualification exams, there are persons, who practice law and state that
they “solve any problems starting from avoiding army drafting to termination of criminal cases and early release from
prison term”. Such advertisements do not seem to alert anyone, while this may serve as an obvious proof of absence of
any order in this sphere, requiring a reform in this sphere.
Keywords:
advocate, advocacy, defense, defense lawyer, method, rights, criminal, criminalization, society, raider.
Administrative law, municipal law and other branches of law
Reference:
Krasnenkova, E.V., Gladkih, A.Y.
Problems of qualification offences in the sphere of violations road traffic regulations.
// Administrative and municipal law.
2014. ¹ 5.
P. 447-454.
URL: https://en.nbpublish.com/library_read_article.php?id=64247
Abstract:
The road traffic security is guaranteed by the compliance with the road traffic rules and by the administrative
and criminal responsibility for the violations of the above-mentioned rules. The violations of road traffic rules
cause high probability of accidents in the process of use of vehicle. There is need for correct qualification of road
traffic offences and offences in the sphere of exploitation of transportation vehicles depending on object and
circumstances of the offence in question. Most of the road accidents take place in the situations, when the road
traffic security regulations are violated, while it is not always the case that certain mistakes become part of an
offence, while causing certain consequences. 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.). Art. 2 of the Constitution of the Russian Federation states that individual,
his rights and freedoms are of supreme value, and recognition, compliance and protection of basic rights and
freedoms are obligations of the state. That is why guaranteeing security of road traffic should serve as means for
the protection of life and health of persons, as well as preservation of material values, since traffic accidents cause
significant harm to persons, society and state as a whole.
Keywords:
transportation vehicles, crime, object of crime, immediate object of crime, subject of crime, objective elements, road traffic regulations, subjective elements, security road traffic, exploitation of transportation vehicles.
Administrative law, municipal law and other branches of law
Reference:
Demidova-Petrova, E.V.
Modern criminological characteristics of juvenile crime as one of the types of crime.
// Administrative and municipal law.
2014. ¹ 5.
P. 455-460.
URL: https://en.nbpublish.com/library_read_article.php?id=64248
Abstract:
The article provides analysis of juvenile crime within the general system of crime. It is noted that the juvenile crimes
has a number of specific features, and they are mostly reflected in the causal complex and motivation for the criminal
behavior, influencing its level and tendencies of development. The author provides her own definition of juvenile crime. It is
also noted in the article that in the conditions of social, economic and political instability the children are left unprotected. The
children more than any other category have felt the downside of democratic and economic changes. The said problems along
with some other problems influenced almost all of the families with modest income of parents, as well as the single parent
families. Mass alcoholization, narcotic abuse problem among the grown-up and systemic unemployment left the children
without normal responsible parents and caring families. 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.).
Due to the specific features of forming psyche, age specificities and lack of social guarantees the juvenile persons easily take up
negative traits from their surroundings, which makes this category of persons criminal. Currently one third of crimes against
property committed in the streets and other public places involves juvenile offenders. Currently one may also speak of organized
juvenile crime, sustained criminal groups. One should also recognize that the number of children starting consumption of
alcohol at the very young age (nearly 6-7 y.o.) is growing, the drug addiction and prostitution rate among the juveniles are also
growing, and the number of administrative offences committed by juveniles is counted by the hundred thousand.
Keywords:
juveniles, delict capacity, crime, prophylactics, police, determining factors, possibility, form, method, children. ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROPERTY LAW
ADMINISTRATIVE AND MUNICIPAL LAW AND PROPERTY LAW
Reference:
Grudtsyna, L.Y., Lagutkin, A.V.
Legal problems regarding recognition of proprietary titles to underground construction objects in Russia.
// Administrative and municipal law.
2014. ¹ 5.
P. 461-468.
URL: https://en.nbpublish.com/library_read_article.php?id=64249
Abstract:
The object of studies in this article involves social relations regarding legal regulation of recognition of proprietary
title (including private property) to the underground construction objects in Russia, and first of all in its megalopolises.
Before mining mineral resources, there is need for the survey and development of the deposit of mineral resources (open,
underground, combined, or underwater means). Development of deposit with the open method is implemented from the
land and includes strip mining and actual mining. Development by underground means includes
underground digging, such as crossing, galleries, pit shafts, etc. The underground development mostly concerns preparatory
work, excavation support, actual mining. However, without exploring the underground territories, which is implemented
by the constructors of underground objects (underground constructions) it is not possible to mine mineral resources. In
fact, an investor (a business) invests large money to preliminary and detailed exploration, including digging, use of deep
pits, shallow mines and pit shafts, then underground drill holes, etc. All of those seemingly complementary preparatory
important technological works guarantee the success in mining and excavation of mineral resources from the subsoil. The
result of these preparatory technological works is quite specific. Object of underground construction serving the shafts and
mines are built underground and they are in use for many years (usually the entire term of existence of the mining enterprise.
They include cameras, tunnels (for transportation, utilities, special purpose, etc.), shaft insets, crosses, air pits, etc. All of
these objects for the purpose of their more caring and economic use may be privatized and registered as property of natural
persons and legal entities, which have built them and are using them. Another argument in favor of introduction of the
regime of private property for underground buildings and constructions is the constant need for their repair and technical
maintenance (including the technology for the lengthening of the life cycle of the used underground constructions), and
only the owners would provide for them. The state often fails to efficiently manage underground objects, which due to their
complicated character, working conditions and difficulties in access require scientifically substantiated and even unique
repair technologies, and the state represented by its competent bodies often does not adequately provide for them. The
article contains arguments in favor of legislative regulation of the possibility to privatize (to obtain public registration of
property title) the objects of underground constructions in general, and, more specifically, in the megalopolises. The most
efficient development of underground territory in the future shall be possible with the union between state and business, for
which there shall be a legalized opportunity to register proprietary title to the underground construction objects, which shall
serve as a sensible argument in favor of economic and careful attitude of the geological resources of our planet.
Keywords:
geological resources, underground construction, subsoil, natural resources, mineral resources, undergrounds territory, capital underworking, private property, environment, business.
Public service, municipal service and issues in the fight against corruption
Reference:
Lavrentieva, O.O.
Administrative legal means for the minimization of corruption risks in the system of public civil service and the
principles of their implementation.
// Administrative and municipal law.
2014. ¹ 5.
P. 469-477.
URL: https://en.nbpublish.com/library_read_article.php?id=64250
Abstract:
In the modern social, economic and political conditions the Russian Federation is facing many threats and
challenges. One of the problems considerably complicating many public reforms, violating rights and lawful interests of
the natural persons and legal entities interacting with the state government and administration bodies I the problem of
corruption. This problem has been involved with the public interests of states throughout the history of development of
human civilization and statehood. Due to corruption many empires have fallen, and the sovereignty of many states was
undermined, moral and material damage was caused. That is why for the sake of its own survival the public government
has to fight the negative social and legal phenomenon of corruption, which undermines its fundamentals and makes the
system of state administration inefficient. 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.). There is not a single industrially developed state without corruption. At the same time, there are rather
many states, where the corruption level according to the national statistics and studies by international NGOs is very
low. That is why, one may see the direct dependency between solving the corruption problem and growth of the national
well-being of the state and society. Almost every state, which has achieved any success in fighting corruption, followed
a certain pattern with due consideration to the national traditions, mentality of the people, political and legal regime.
Keywords:
corruption, risk, official, service, servant, counteraction, regulation, system, offence, principle.
Subjects/Legal entities in administrative and financial law
Reference:
Pavlyuk, A.V.
Problems of administrative legal regulation in the activities of joint stock companies in the foreign states.
// Administrative and municipal law.
2014. ¹ 5.
P. 478-489.
URL: https://en.nbpublish.com/library_read_article.php?id=64251
Abstract:
The improvement of the administrative legislation regulating the activities of the joint stocks companies should
be implemented based upon the norms in effect in the European Union, and the Russia joining the WTO and the EEU
requires development and support of the administrative status of joint stock companies. It should also be stressed,
that currently there is a need for a clearer definition of the category of the collective subject of administrative law, as
well as for the development of the system of efficient administrative legal means for influencing the activities of joint
stock companies directly. 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.).
For the purpose of improving the administrative legal status of the joint stock company the author substantiates the
need to legislatively provide for the qualification requirements to the members of the Board of Directors of the Joint
Stock Company. According to the Federal Law “On Joint Stock Companies” the requirements to the members of the
Board of Directors should include higher education, no record of criminal conviction, no record for the punishment by
the competent body or a court administrative offences in the sphere of trade, finances, corporate administration and
securities market for the period of two years prior to the day of general meeting of shareholders for the elections for
the Board of Directors, professional experience of no less than 2 years in managing a department or other division of an
organization, and the absence of conflict of interests in the activities of this person.
Keywords:
The improvement of the administrative legislation regulating the activities of the joint stocks comp, and the Russia joining the WTO and the EEU requires development and support of the administrative st, that currently there is a need for a clearer definition of the category of the collective subject of, as well as for the development of the system of efficient administrative legal means for influencing, 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.). For the purpose of improving the administrative legal status of the joint stock company the a, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere , finances, corporate administration and securities market for the period of two years prior to the day of gener, pro