Liability in administrative and municipal law
Reference:
Belenko, V.V.
Influence of international law in the sphere of fighting legalization of criminal income upon the Russian system of
financial control in the banking sector.
// Administrative and municipal law.
2014. ¹ 9.
P. 907-911.
URL: https://en.nbpublish.com/library_read_article.php?id=65445
Abstract:
The article concerns topical issues of development and improvement of the Russian legal institution of financial
control in the sphere of fighting legalization of criminal income. Topicality of the study is due to the great public importance
of this direction in the financial legal policy. Providing arguments regarding constructive moments in the sphere
of fighting money laundering and terrorism financing in the foreign system of control over the financial resources, the
author at the same time points out the problems should Russia follow foreign legal norms without regard to varying
specificities in the understanding of democratic principles in various states. The study is based upon the combination
of general and special methods of scientific analysis: dialectic, logical, comparative legal, normative. The conclusion is
made on the need to develop Russian standards for the financial control based upon following the FATF recommendations
in close interaction with its Member States. The author offers a set of measures in order to improve the quality of
work of the special financial control body: Federal Financial Monitoring Service.
Keywords:
fighting legalization of income, financial control, banking sector, financial resources, risks, terrorism financing, accounting operations, client, FATF Member States, FATF standards.
Administrative and municipal law: business, economy, finance
Reference:
Shishkina, A.V.
Comparative characteristics of the administrative supervision bodies in the constituent subjects of the Russian Federation.
// Administrative and municipal law.
2014. ¹ 9.
P. 907-911.
URL: https://en.nbpublish.com/library_read_article.php?id=65446
Abstract:
The article provides comparative characteristics of the administrative supervision bodies in the constituent subjects
of the Russian Federation. Additionally, the author provides historical analysis of administrative supervision bodies,
providing substantiation for differentiation of the terms \"control\" and \"supervision\". The need to guarantee compliance
with the generally obliging rules provided by legislation and other normative legal acts by all of subjects of law at any time
whatever an existing political and state systems are, requires formation of specialized state bodies and provision to them of
the relevant competence. The studies involve examples of administrative supervision bodies in the constituent subjects of
the Russian Federation, namely Nizhegorodsky region, Republic of Altai, Republic of Udmurtia, etc. Control and supervision
form one of the main functions of a state, and they are aimed at guaranteeing strict compliance with the legislation and its
reasonable application within the framework of law. Control and supervision are complicated state mechanisms, involving
systems of various components, their tuning requires quality theoretical background. Currently the system of administrative
supervision bodies in the Russian Federation is formed with executive bodies of various nature.
Keywords:
control, supervision, management, administrative supervision, constituent subject of the Russian Federation, Nizhegorodsky region, characteristics, administrative supervision body, inspection, prosecutor supervision.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Biyushkina, N.I.
Problems of legal regulation of administrative supervision in the Russian Federation.
// Administrative and municipal law.
2014. ¹ 9.
P. 912-921.
URL: https://en.nbpublish.com/library_read_article.php?id=65447
Abstract:
The article involves the study of theoretical legal problem involving the correlation between the terms \"administrative
supervision\" and \"police supervision\". The author provides comparative analysis of modern and pre-Revolution
legislation on administrative supervision. The author bases her conclusions upon the opinions of authoritative scientists
of both modern and the pre-Revolution periods regarding the issues of efficient organization of legal means of state influence
upon potentially dangerous persons posing a terrorist threat to the society. Substantiating the theses expressed
in the article, the author provides information on the modern situation in Russia concerning terrorism. These and many
other types of data outside the scope of this article prove the objective need to form more efficient mechanisms capable
of doing more than just dealing with the tragic consequences of terrorist acts, preventing them and successful implementing
prophylactic activities. The methodological basis for the work was formed with the method of comparative legal studies of the pre-Revolution legislation of Russia regulating various forms of administrative and police supervision, as
well as modern normative legal regulation of administrative supervision in the Russian Federation. The scientific novelty
is due to holding the study without any ideological bias. Based upon the study of legislation, by-laws and newly introduced
in the scientific turnover archive sources the author provides a detailed study of the activities of the state bodies
and officials of the pre-Revolution Russia regarding fighting terrorism. The author for the first time attempts to extrapolate
the pre-Revolution experience of efficiently fight of the state against terrorism and the modern Russian political and
legal reality with due consideration to the specificities of the current time.
Keywords:
administrative control, administrative supervision, public police supervision, secret supervision, police law, limited control, administrative procedures, executive power, public administration.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Sidorov, E.I.
The object of proof and evidence in cases on administrative offences in the sphere of customs.
// Administrative and municipal law.
2014. ¹ 9.
P. 922-928.
URL: https://en.nbpublish.com/library_read_article.php?id=65448
Abstract:
The article is devoted to the topical issues of the object of proof and application of evidence in administrative
offence cases in the sphere of customs in the condition of formation and functioning of the Customs Union. The author
studies the legal foundations, definition, types and specific features of evidence, their role in the administrative jurisdiction
process of the customs bodies, procedural regulation and means of their improvement. Currently due to formation
and functioning of the Customs Union within the framework of the EurAsEC there is an ongoing liberation of administrative
and customs legislation. However, law-enforcement function is still is one of the foremost important directions
in the activities of the Russian customs bodies. Its constituent part is fighting the administrative offences in the sphere
of customs. It should be noted that in the period, which was studied by the author, the amount of violation of customs
rules is large and it tends to grow. The methodological basis for the dissertation was formed with the modern achievements
of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods
(dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal
methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). Successful
achievement of goals in the sphere of administrative offences cases (namely, timely, comprehensive and objective
establishment of circumstances in every case, ruling on every case in strict compliance with the legislation, guaranteeing
enforcement of every decision made, revealing the reasons and conditions causing administrative offences, prevention
of offences) is to a great extent predefined with having a clear idea on the object of this activity – the object of proof and
use of evidence in these cases.
Keywords:
customs, Union, offence, responsibility, elements of an offence, punishment, regulation, principle, proof, evidence.
Liability in administrative and municipal law
Reference:
Volchenko, T.I.
Provision of legal assistance by the customs bodies of the Russian Federation in the proceedings on administrative
offences cases.
// Administrative and municipal law.
2014. ¹ 9.
P. 938-944.
URL: https://en.nbpublish.com/library_read_article.php?id=65449
Abstract:
The article provides the study of the mechanism for the provision of legal assistance by the customs bodies of the
Russian Federation in administrative offence cases, providing for its main stages. Additionally, the author pays attention
to the fact that the legislator fails to list procedural acts which may be required from abroad via sending request for legal
assistance on administrative offence cases in Chapter 29.1 of the Administrative Offences Code of the Russian Federation.
Based upon the interpretation of the provisions of the said Code with due consideration of the Treaty on Legal Aid and
Cooperation of the Customs Bodies of the Member States of the Customs Union on criminal and administrative offence
cases the author provides analysis of the amount of the legal aid requested by the customs bodies of the Russian Federation
in the administrative offences cases. The methodological basis for the study involved dialectic materialism and
the system of general and specific scientific methods based upon it, including: formal logical method, systemic method,
method of comparative legal studies, etc. Based upon the analysis of norms of the Administrative Offences Code of the
Russian Federation, as well as international treaties on cooperation and mutual aid in customs cases the author studies
the main stages of provision of legal assistance by the customs bodies of the Russian Federation in administrative offence
cases, specifying their specific features. Additionally, the author names the procedural acts, which may be requested via
sending the request on legal assistance on administrative offence cases.
Keywords:
legal aid, administrative offences, administrative process, international cooperation, customs bodies, customs offences, proof, request, sending a request, implementing a request.
Management law
Reference:
Semenov, A.S.
The bases for the interaction between the prosecution, state government and municipal bodies.
// Administrative and municipal law.
2014. ¹ 9.
P. 945-949.
URL: https://en.nbpublish.com/library_read_article.php?id=65450
Abstract:
The object of studies involves the mutually coordinated activities of the prosecution and the state government
bodies, municipal bodies in the sphere of guaranteeing lawfulness (which is characterized by principles and conditions of
the relations among the subjects, as well as by their goals, purposes, object and subject), of the term \"interaction\" from
the standpoint of various branches of science depending on the specificities of the activities of the participants (prosecutors,
officials and other staff in the said bodies), of the main directions of interaction and its mechanisms, which may be
divided into several levels. In the process of studies the author mostly involved sociological method, since interactions
between the prosecutors and the staff of the state and municipal bodies are implemented within the framework of the
society, and they are based upon their relations. Interaction between the prosecutors, state and municipal bodies is an
interrelated temporally and territorially coordinated joint activity, which is based upon common goals and aims, which
are directed on guaranteeing rule of law, implemented within the framework of law and within the spheres of competence
of these bodies via means and methods typical for each of them.
Keywords:
vzaimodeistvie, prokuratura, organy gosudarstvennoi vlasti, tseli, zadachi, mekhanizm, napravleniya, osnovy
Law-enforcement legislation
Reference:
Manukov, M.M.
Coordinator of fighting crime by the prosecutor in the process of supervision over the lawfulness of operative investigation
activity.
// Administrative and municipal law.
2014. ¹ 9.
P. 950-954.
URL: https://en.nbpublish.com/library_read_article.php?id=65451
Abstract:
The article concerns theoretical and legal issues regarding competence of the prosecutor in the sphere of supervision
over the lawfulness of operative investigation activity, as well as elements of the coordination of the activities
of the law-enforcement bodies involving operative divisions by prosecutors. The author studies specific features of this
direction in prosecutor activities. In the opinion of the author this type of activity of competent prosecutors should facilitate
both compliance with the guarantees of basic human rights and freedoms, and efficient achievement of goals
of operative investigation activities on revealing, prevention, interception and solving crimes, finding offenders guilty of
these crimes and finding offenders avoiding inquiry, investigation and court proceedings, as well as missing persons. The
methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the
process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis,
synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as
methods used in the specific social studies (statistical, expert evaluation, etc.). The prosecutor supervision over rule of
law in the said sphere of law-enforcement activities has its specific features, which are due to the specific features of
its legal regulation and operative investigation activities as such. Operative investigation activities are performed both
publicly and secretly by the competent operative divisions of the state bodies within the legal limits via implementing
operative investigation events in order to protect life, health, rights and freedoms of individuals and citizens, property,
guaranteeing security of society and state from criminal encroachments.
Keywords:
supervision, prosecutor, form, method, protest, prosecution, operative investigation activity, police, lawfulness, policeman.
Administrative process and procedure
Reference:
Tadzhibov, V.R.
On the issue of contents of administrative jurisdiction activities of the police.
// Administrative and municipal law.
2014. ¹ 9.
P. 955-959.
URL: https://en.nbpublish.com/library_read_article.php?id=65452
Abstract:
The relevant type of legal process has its specific features, and they are characterized by their peculiarities.
In particular, the administrative process influences a wide range of social relations, which are formed in the sphere of
public administration. Implementation of positive legal norms in various branches of law is implemented via various
administrative legal norms. Additionally, administrative process provides the possibility for the implementation of the
administrative coercion measures. From this standpoint the author views contents and specific features of administrative
jurisdiction activities of the police, which have formed an object of his scientific study. The methodological basis for
the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author
involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction,
induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). According to the current legislation of the Russian Federation the police
implements a wide range of administrative proceedings, procedures and regulations, which facilitate guarantees of legal
order, protection of rights and lawful interests of natural persons and legal entities interacting with the police officials.
With the help of administrative procedures and regulation the citizens and economic subjects are provided with various
public services involving protection of property, issuing various documents, etc.
Keywords:
police, policeman, process, jurisdiction, stage, proceedings, officer, coercion, responsibility, influence.
Academic life
Reference:
Dubovik, O.L.
Studies of administrative law and process: evolution of scientific ideas and the legislative provisions. On the 90th anniversary
of N.G. Salischeva.
// Administrative and municipal law.
2014. ¹ 9.
P. 960-964.
URL: https://en.nbpublish.com/library_read_article.php?id=65453
Abstract:
The article characterizes the input of N.G. Salischeva in the development of sciences of administrative law and
process, her role in the legislative activities, her ideas regarding formation of the system of administrative justice in Russia.
The author analyzes the views of N.G. Salischeva as a scientist on the issues of contents and specific features of the
administrative process in the USSR and in the Russian Federation on the issues of fundamental categories and principles
of administrative judicial proceedings, guarantees of procedural rights of persons, reasons for the administrative and
judicial reforms in early 2000s, results of their implementation. The author evaluates the efficiency of organization of
the executive branch of government in the Russian Federation and perspectives of its development, legal mechanisms of
judicial control in the sphere of interactions between public government and the people, as well as the perspectives for
the formation of a legal institution of administrative procedure. The author also provides brief analysis of the concepts of
the Federal Constitutional Law \"On administrative Judicial Proceedings. General Part\" and the Federal Law \"On Administrative
Procedure\". The author characterizes the role of N.G. Salischeva in the interpretation of the norms of the Code of
the RSFSR on Administrative Offences. The 90th Anniversary of Nadezhda Salischeva is a holiday for all of her colleagues,
co-workers and admirers of her talent, and it is a chance to wish her success in her creative work.
Keywords:
administrative law, administrative process, administrative justice, executive power, legal order, procedure, court, judicial control, administration, jurisdiction.
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Hurtin, D.O.
Competence of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass
Communications in the sphere of revealing the offences against the copyright in the information and telecommunications
network – Internet.
// Administrative and municipal law.
2014. ¹ 9.
P. 965-970.
URL: https://en.nbpublish.com/library_read_article.php?id=65454
Abstract:
The article concerns the issues regarding the need to reveal administrative offences in the Internet against the
copyright on the initiative of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and
Mass Communications without any prior claims by the title holder. Social communications have came to the stage of
development when most of such offences are situated in the Internet. The author studies the issue of whether there is
need to bring an offender to administrative responsibility when a title owner did not claim the violation of his right. When
writing this article the author applied the methods of analysis, analogy, modeling, studies of normative legal acts and
legal practice. Technical advancement causes growth of offences committed in the Internet. Studies of the subject allow
one to state that today the title owner sometimes does not even know that his rights are being infringed, so there is need
to reveal administrative offences against copyright in the Internet on the initiative of government bodies.
Keywords:
administrative legal protection, copyright, revealing administrative offences, competence of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications, mass communications, administrative offence, Internet, administrative responsibility, government bodies, administrative supervision.
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF MIGRATION
Reference:
Sizov, I.Y.
On the issue of stricter administrative liability for the violations of migration legislation.
// Administrative and municipal law.
2014. ¹ 9.
P. 971-974.
URL: https://en.nbpublish.com/library_read_article.php?id=65455
Abstract:
This article is devoted to the key legislative changes regarding responsibility for violations of migration legislation,
which came into force in the second half of 2013. Administrative legal regulation of migration of the population is among
the most topical problems in the sphere of state administration. It is due to a number of matters: demographic problems, insufficient
theoretical development of role and place of migration processes in the demographic development of the Russian Federation. These problems along with some other problems provoke a range of negative consequences in the sphere of
guarantees of rule of law, as well as in the sphere of social and economic development of the state. For an efficient solution
for the migration problems, such as organizing the labor market, lowing the level of crime, there is need for the constant
monitoring of legal practice, analysis of the current situation and forecasts regarding development of the migration processes.
The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition.
In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis,
synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods
used in the specific social studies (statistical, expert evaluation, etc.). With every year illegal migration draws more and
more attention of government bodies. The Government annually revises the issues of migration in various context, defining
quotas for the attraction and use of foreign workforce in the Russian Federation, it also deals with a number of other issues
in the sphere of migration policy implementation. However, in spite of the measures being taken, it is too early to state that
the global problems in the sphere of migration guarantees have been solved.
Keywords:
migration, politics, migration, responsibility, coercion, police, strengthening, Federal Migration Service, Ministry of Internal Affairs, control.
Administrative law, municipal law and environment issues
Reference:
Kozhevnikov, O.A.
Improvement of the judicial practice on the issues of dealing with consumption and production waste as one of the
goals for the “renewed” Supreme Court of the Russian Federation.
// Administrative and municipal law.
2014. ¹ 9.
P. 975-980.
URL: https://en.nbpublish.com/library_read_article.php?id=65456
Abstract:
The object of this article involves analysis of legal regulation of public relations appearing in the sphere of
dealing with consumption and production waste, as well as the judicial practice in the sphere, recognizing the “fault”
of the local administration (Administrations of the municipal units) in cases when economic entities and owners of
plots of land fail to perform their obligations to guarantee the constitutional rights of citizens for a safe environment,
while not sufficiently studying the entire complex of legal regulation of this type of environmental relations. The study
involved general scientific methods (dialectic, functional, logical) and special legal methods (comparative legal studies,
formal legal method, method of legal modeling, etc.). Based upon the analysis of the complex of normative legal
acts in the sphere of guaranteeing the environmental rights of citizens and existing judicial practice the author draws
a conclusion that concept of exclusive responsibility of municipal bodies for the violations of environmental, sanitary,
epidemiological and other legislation by the economic entities (such as appearance of unsanctioned dumps of consumer
and industrial waste in the territories of municipal entities) is doubtful. The author supposes that exclusion
of the natural persons and legal entities owning the waste as well as owners of plots of land from responsibility for
unsanctioned waste dumps make these person feel their impunity, while making municipal bodies responsible for the
liquidation of waste dumps, is not reasonable.
Keywords:
supreme court, constitutional court, municipal self-government, constitution, environmental rights, consumption waste, judicial proceedings, judicial practice, sanitary legislation, local issues.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
Anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the
public government bodies: definition, elements, types.
// Administrative and municipal law.
2014. ¹ 9.
P. 981-992.
URL: https://en.nbpublish.com/library_read_article.php?id=65457
Abstract:
The object of studies involves anti-corruption functions of the cadres divisions for the prophylactics of corruption-
related and other offences of the public government bodies of the Russian Federation. The goal of the studies is to
describe and to explain main and subsidiary guaranteeing functions of the cadres divisions of the public government
bodies in the sphere of prophylactics of corruption-related and other offences. The immediate goals of the studies involve
the following: a) description of the legal fundamentals for the activities of the cadres divisions for the prophylactics
of corruption-related and other offences of the public government bodies reflecting their anti-corruption functions; b)
classification of anti-corruption functions of the cadres divisions of the public government bodies regarding corruptionrelated
and other offences; c) discussing elements of the anti-corruption functions of the cadres divisions for the prophylactics
of corruption-related and other offences of the public government bodies. The methodological basis for the studies
involved a dialectic method, and general scientific methods widely accepted in the sphere of jurisprudence: systemic
and structural analysis, comparison, etc. The scientific novelty is due to the fact that for the first time in the Russian legal
science the author provides the definition of anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies based upon the analysis of normative legal acts
and other documents, discussing their contents and providing a scientific classification of anti-corruption functions of the
cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies.
Keywords:
corruption, fighting corruption, cadres service, corruption prophylactics, anti-corruption consulting, anticorruption enlightenment, anti-corruption education, functions, anti-corruption functions, public government bodies.
Issue of the day
Reference:
Kalinin, G.I.
Veterinary Service of Crimea: what it was, what it is now, what it shall be (due to entry of the Crimea into the Russian
legal sphere and formation of the government bodies with special competence). Some aspects of evaluation of the
activities of the Veterinary Service of Ukraine.
// Administrative and municipal law.
2014. ¹ 9.
P. 993-997.
URL: https://en.nbpublish.com/library_read_article.php?id=65458
Abstract:
The object of studies in this article involves administrative legal relations in the sphere of public veterinary administration.
The Republic of Crimea and Sevastopol jointed the Russian Federation, and the Russian legislation applies
to these constituent subjects of the Russian Federation. Russian government bodies and services are formed, including
those in the sphere of veterinary services, while existing ones were responsible to Kyiv. The article discusses topical issues
of formation of the new state veterinary service bodies, and some differences in the sphere of public veterinary administration
in Ukraine and in Russia. The study involves general scientific methods: dialectic, historical, analysis, synthesis,
deduction, historical legal method, comparative legal method, systemic structural method together with the systemic
analysis. The scientific novelty of the article is due to the fact that it for the first time presents analysis of the differences
between the veterinary bodies with special competence in Ukraine and in Russia. From this standpoint the author studies
the Ukrainian normative legal basis and its differences from the Russian legislation. The article also discusses the problems,
which the Russian government bodies may face in the Crimea, as well as some positive aspects of the normative
legal guarantees of the state veterinary service in Ukraine, which could be used in future.
Keywords:
Crimea, veterinary, government bodies, state administration, legislation, supervision, control, foodstuffs security, veterinary services, material guarantees.