Theory and science of administrative and municipal law
Reference:
Grishkovets A.A.
Service law: still a scientific hypothesis
// Administrative and municipal law.
2015. ¹ 10.
P. 994-1014.
URL: https://en.nbpublish.com/library_read_article.php?id=66962
Abstract:
The subject of the article is the range of problems of legal and theoretical understanding of service law as a structural element of the system of administrative law. The author summarizes the results of scientific discussion about service law and concludes that service law is not a sub-branch of administrative law; public service is still one of the fundamental institutions of administrative law. The author analyzes the concepts of service law from the position of administrative-legal regulation of employer-employee relations in Russia. The article presents the author’s positions on the public service concept. The main attention is paid to the development of methodology of administrative-legal regulation of employer-employee relations. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present there are no grounds for service law formation. The author substantiates the conclusion that service law is not a sub-branch of administrative law, and public service is still one of the fundamental institutions of administrative law. The novelty of the research lies in the suggestions about the theory and the system of administrative law development.
Keywords:
official, state, discussion, service, system, norm, sub-branch, institution, law, regulation
Public and municipal service and the citizen
Reference:
Zheleznyakova E.A.
Public service as a socio-legal institution: the guarantees of civil servants
// Administrative and municipal law.
2015. ¹ 10.
P. 1015-1021.
URL: https://en.nbpublish.com/library_read_article.php?id=66963
Abstract:
The article examines the legal regulation of socio-legal protection of civil servants. The author demonstrates the shortcomings of the legal system within the public administration and the ways of their elimination.The modern stage of state-building in Russia is directly linked to the social and legal protection of civil servants. The system of state guarantees of civil servants is currently in the condition of instability caused by administrative reforms, the lack of a unified government policy, federal and regional peculiarities of development of the system of state guarantees. The system of material and financial guarantees today is a working system, thus enhancing the prestige of public service as a social and legal institution. Methodological basis of research comprises the historical interpretation and comparative study of law, logic, formal and doctrinal interpretation of law. The author also uses the general scientific methods: abstraction, elementary-theoretical and structural analysis, modeling, cognition of the object by identifying its essential characteristics. All methods are applied within the framework of the systems approach. The scientific novelty of this study is that the real work represents one of the first attempts of a comprehensive analysis of the institution of public service in the modern anti-crisis legislation. For the effective functioning of public service it is necessary to provide the proper conditions for high-quality execution by public officials of their official (service) duties and the formation of ideology influencing the development of public administration. Resource support of public servants should be carried out through: further development of the flexible, socially oriented system of professional training of citizens, adequate to the needs of the state civil service; improvement of training of civil servants on the basis of program-target approach to the organization of education of various position groups; development of institutions of additional education which use the most effective professional education programs and technologies of training; methodological support of professional training of civil servants, personnel retraining for the public service; improvement of normative-legal regulation of relations between the representatives of the employer and civil servants; the formation and strengthening of state control over the civil service; the establishment of a real system of certification, retraining and advanced training.
Keywords:
authority, public service, government, legislation, legal regulation, public servant, social guarantees, administrative reform, ideology, reform
Administrative and municipal law: business, economy, finance
Reference:
Lapina M.A.
Improvement of legislation regulating jurisdictional activity of the Chamber of Accounts of the Russian Federation and control account bodies of subjects Russia's regions
// Administrative and municipal law.
2015. ¹ 10.
P. 1022-1028.
URL: https://en.nbpublish.com/library_read_article.php?id=66964
Abstract:
The subject of the article is the range of legal and organizational problems of administrative-legal regulation of financial control. The author carries out theoretical and legal analysis of the federal legislation which characterizes jurisdictional authorities of control and account bodies of external public audit (control); the elements of this legislation don't conform to each other from the viewpoint of application of budget measures of coercion and the possibility to reveal, prevent and impose administrative liability for administrative offences in the public finance sphere. The opportunity from July 2013 to apply fiscal measures of coercion, to draw up a Protocol of administrative violation and to pass it to special departments of Executive authorities or courts, does not provide the full special administrative-jurisdictional status of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions. The article substantiates the need to improve federal legislation in order to achieve harmonization of coercive measures in the public sector and the authorities of external public audit bodies contained in the Budget Code of the Russian Federation and the Code of administrative offences. The methodological basis comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.).The author concludes that at present it is necessary to amend the legislation on control and account bodies with such principles of activity as planning and efficiency, responsibility, coordination of actions with other bodies of financial control, officials' competency and information transparancy. The article presents the author's position on the increase of the period of limitation for administrative liability imposition in the sphere of public finance. The author comes to the conclusion about the necessity to provide control and account bodies with the right to consider administrative cases in budget sphere.
Keywords:
liability, coercion, budget, violation, subject, auditor, revision, Chamber of Accounts, system, law
Administrative and municipal law: business, economy, finance
Reference:
Goryan E.V.
Formation of subzones of special economic zones in the USA
// Administrative and municipal law.
2015. ¹ 10.
P. 1029-1038.
URL: https://en.nbpublish.com/library_read_article.php?id=66965
Abstract:
The subject of the research is a subzone of a special economic zone in the USA. The model of a special economic zone in the USA has been improving for 80 years, and it is one of the best in the world. The institution of a subzone is of a special scientific and practical interest since it gives the opportunity to apply this regime not only to a territory, but also to an enterprise (industrial complex). The author studies one of the main judicial precedents which had defined the main features of a subzone and influenced their widespread use in the USA. Along with general and specific methods of scientific cognition, the author applies the comparative-legal method which allows defining the main features of this institution, typical for different legal systems. The necessity to discuss the possibility of use of subzones is undoubtful since the existing Russian model of a special economic zone doesn’t provide the opportunity to take an active position in the global economic system. The author suggests using the American model as an example. As the subzone’s status is granted mainly to enterprises (industrial complexes), any enterprise which is not a part of a special economic zone can use the preferences and privileges of a “common” special economic zone and develop production. This issue should be studied and considered not only from the viewpoint of foreign economic activity regulation, but also from the viewpoint of administrative, municipal and customs law.
Keywords:
industry, international treaty, judgement, international trade, precedent, subzone, special economic zone, management, lighter transportation, custom duties
Liability in administrative and municipal law
Reference:
Bondar' E.O., Shurukhnova D.N.
Administrative liability for insurance legislation breach
// Administrative and municipal law.
2015. ¹ 10.
P. 1039-1043.
URL: https://en.nbpublish.com/library_read_article.php?id=66966
Abstract:
The authors of the article pay special attention to the issues of administrative liability imposition on insurance agencies for the breach of insurance legislation according to clause 3, article 14.1. of the Code of Administrative Offences of the Russian Federation. The authors note that for a long time different approaches to the understanding of breach of license had existed in the judicial practice. The object of the research is the analysis of understanding of breach of license requirements which can lead to the imposition of an administrative fine for the violation of license requirements, or to the recall of a license. Mainly, the authors analyze the administrative-imperative method. Administrative norms determine the code of conduct in the form of categorical directions which can’t be breached, and provide such measures of impact of administrative bodies on other participants of administrative relations as compulsory legal acts, directions and orders, executive actions, administrative coercive measures. The daily administrative-public activities are carried out by means of these measures. Particularly, the settlement of questions of licensing of physical persons and legal entities is carried out by means of issuing of legal acts or by means of executive actions of these bodies. The authors consider the problems of administrative liability imposition on the insurer for the breach of insurance legislation. The authors analyze the judicial practice, particularly, the Decision of the Supreme Court of Arbitration of the Russian Federation No 13004/13 of February 4, 2014 which doesn’t contain the provision about the possibility to revise judicial acts according to new circumstances. The authors note that at present the insurance legislation violation is a breach of license conditions by the insurer. Thus the authors managed to substantiate the refutation of the existing practice of subordinate courts in the part which provides that the breach of the compulsory motor TPL insurance entails civil liability, but not the administrative one. Having analyzed the conclusions of the Presidium of the Supreme Court of Arbitration, the authors suppose that imposition of administrative liability on the insurer for the breach of insurance legislation, provided the correct interpretation by subordinate courts, is of a primary importance.
Keywords:
insurance legislation, administrative liability, licensing requirements, insurance activities, licensed activity, license, licensing, imposition, breach, civil liability
Liability in administrative and municipal law
Reference:
Khasnutdinov R.R.
Optimization of the systems approach to legal liability
// Administrative and municipal law.
2015. ¹ 10.
P. 1044-1049.
URL: https://en.nbpublish.com/library_read_article.php?id=66967
Abstract:
By means of the analysis of the systems approach evolution in the form of the “general systems theory”, formed in the 20th century, the author reveals a range of drawbacks, and offers an optimal variant of the systems approach application to subject researches in general, and to legal liability in particular. The functional system method is one of the optimal variants of practical application of the systems approach in subject researches. Within this study it gives the opportunity to formulate the basic concept and structural elements of the system of legal liability. The author applies the general and specific scientific research methods: analysis, synthesis and the systems approach to subject researches. The author comes to the following conclusions: firstly, the systems approach, having passed a long period of evolution, in the 20th century was formed in a theoretical concept called “the general systems theory”. But, due to some drawbacks of Bertalanffy’s general systems theory, mainly, the absence of a backbone factor in his definition, there appear the attempts to solve this problem. Among them the author outlines the concept of a functional system. Secondly, the functional systems method is the most optimal variant of the systems approach practical application in subject researches. Thirdly, the functional systems method has a leading position in the methodology of legal liability research, and allows formulating the basic concept and structural elements of the system of legal liability within subject studies.
Keywords:
legal, method, systems approach, formation, system, concept, functional system, focused, useful result, liability
Management law
Reference:
Yuvchenko S.V.
Formation of the Federal service of court bailiffs of the Russian Federation and its development in 2004 – 2008
// Administrative and municipal law.
2015. ¹ 10.
P. 1050-1054.
URL: https://en.nbpublish.com/library_read_article.php?id=66968
Abstract:
The subject of the research includes normative legal acts, regulating the organization and activities of bodies of compulsory execution of judicial acts and acts of other bodies in the Russian Federation in 2004 – 2008, as well as statistical data and materials of law enforcement practice. The object of the research is the range of public relations arisen in the process of formation and development of these bodies during the mentioned period. The article analyzes the problems of formation and development of the Federal service of court bailiffs of the Russian Federation (2004-2008) in the context of the administrative reform carried out in this period, as well as the reform of enforcement proceedings of 2007. The author studies the main results of these reforms and their impact on the effectiveness of enforcement proceedings in the Russian Federation. The paper identifies the key advantages and shortcomings of the existing system of enforcement authorities. The author uses the general and specific scientific methods of cognition. General scientific methods (analysis, synthesis, comparison, induction, deduction, etc.) helped to identify the main trends and regularities of development of the studied object. Specific scientific methods (formal-legal, comparative legal, systemic-structural, statistical, sociological) provided the opportunity to identify, describe and reproduce the phenomena under investigation, to compare them in order to reveal the similarities and differences. As a result of the conducted research the author comes to the following conclusions. The formation of the Federal service of court bailiffs as a result of administrative reform of 2004 has not led to its finalization. The service was not officially recognized as a supervisory authority, it did not become a law enforcement body. In fact, the body was finally formed only in 2008 when the supervisory authorities were granted to the baiiffs.
Keywords:
Executive proceedings, bailiff, formation, development, efficiency, administrative reform, compulsory execution, bailiff service, control, supervision
Management law
Reference:
Lichkovakha A.V.
Key effectiveness rates of the Children’s Rights Commissioner’s activities in the Russian Federation (the case of Far Eastern Federal Okrug)
// Administrative and municipal law.
2015. ¹ 10.
P. 1055-1060.
URL: https://en.nbpublish.com/library_read_article.php?id=66969
Abstract:
The article focuses on the activities of the Children’s Rights Commissioner in Far Eastern okrug of the Russian Federation. The author analyzes normative legal acts regulating the work of Children’s Rights Commissioners, and defines the system of key rates of their activities. These rates are important for the assessment of their own work and for the comparison with the activities of Commissioners of other regions. Therefore, the author takes into consideration only the rates, common for all Commissioners. The author applies the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and sociological methods. The novelty of the research consists in the development of key effectiveness rates for the activities of the Children’s Rights Commissioner on the base of the analysis of normative-legal acts of Far Eastern okrug of the Russian Federation. This system of rates is not complete, but it is a necessary instrument of Commissioners’ work improvement.
Keywords:
Criterion, Protection, Care, Parents, Children, Child, Commissioner, effectiveness, rate, Police
Management law
Reference:
Sidorov E.I.
The Federal customs service as a subject of administrative jurisdiction
// Administrative and municipal law.
2015. ¹ 10.
P. 1061-1066.
URL: https://en.nbpublish.com/library_read_article.php?id=66970
Abstract:
The article is devoted to legal description and features of administrative and jurisdictional activity of customs authorities. The author investigates the legal basis and the types of administrative - jurisdictional proceedings, the order of their registration and their role and importance in the activities of customs bodies in the Customs Union within the Eurasian Economic Union. The article focuses on the legal and organizational problems of administrative and legal regulation of administrative proceedings. The author carries out the theoretical and legal analysis of the concepts of administrative and jurisdictional activity. The main attention is paid to the development of methods and methodology of administrative proceedings in the customs sphere. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the customs sphere it is necessary to improve the forms and methods of procedural activities of customs bodies. The author speaks about the necessity to develop administrative-legal regulation of administrative proceedings. The novelty of the research lies in the suggestions about the development of forms and methods of public regulation of customs activities and the provision of legal and organizational guarantees of legality in the sphere of customs administration.
Keywords:
law, proceedings, code, Union, offence, liability, subject, service, coercion, custom
Law-enforcement legislation
Reference:
Bezrukov A.V.
Participation of law enforcement bodies and local authorities in the provision of rule of law in Russia
// Administrative and municipal law.
2015. ¹ 10.
P. 1067-1073.
URL: https://en.nbpublish.com/library_read_article.php?id=66971
Abstract:
The subject of the research is the range of issues of functioning and interaction of law enforcement bodies and bodies of local government in the constitutional legal mechanism of the rule of law provision. The author emphasizes the main directions of interaction of bodies of state power, local authorities and law enforcement agencies, particularly, the role of internal affairs bodies and bodies of local authorities in the implementation of the functions of law enforcement, basic directions, forms and principles of their interaction. The author argues that law enforcement agencies are able to effectively provide adequate law and order in cooperation with other state and local agencies. The study is based on the general and specific scientific methods, methods of formal logic, comparative law, analysis and synthesis. The main conclusions of the research are the judgments that almost all bodies of public authorities are involved in the constitutional legal mechanism of the rule of law provision, and the leading role belongs to law-enforcement bodies and local authorities. The effectiveness of law enforcement activities is achieved through their interaction.
Keywords:
police, President, effective interaction, local authorities, law enforcement agencies, law enforcement, rule of law, public authorities, coordination
Law-enforcement legislation
Reference:
Karpenko T.A.
Improvement of legal regulation of administrative responsibility for the violation of public order and public safety in public events
// Administrative and municipal law.
2015. ¹ 10.
P. 1074-1080.
URL: https://en.nbpublish.com/library_read_article.php?id=66972
Abstract:
The article studies the legal provisions establishing administrative responsibility for the violation of public order and public safety during mass events. The author considers the normative legal acts establishing prohibitions on organization and holding of mass events, regulating the organization of mass events. Particular attention is paid to the fact that the set of inconsistent legal norms in this area does not allow developing a common legal model of administrative responsibility for the violation of public order and public safety during mass events. In order to obtain reliable results the author uses special scientific methods: comparative legal, logical-legal, system-structural, et al., which are used in combination and interrelation. The analysis of the legislation on administrative responsibility for the violation of public order and public safety during public events at both federal and regional levels allows the author to create the legal model of administrative responsibility for the violation of public order and public safety during mass events.
Keywords:
procession, legal regulation, mass event, public safety, public order, administrative responsibility, meeting, gathering, demonstration, picketing
Administrative law, municipal law and information security
Reference:
Amelin R.V.
An obligation to provide information for Federal information systems
// Administrative and municipal law.
2015. ¹ 10.
P. 1081-1089.
URL: https://en.nbpublish.com/library_read_article.php?id=66973
Abstract:
The article examines the legal status of information providers in Federal information systems. The author attempts to systematize the legal norms regulating the relations connected with the use of Federal information systems. The author outlines the legal norms which can be standardized and included in the General part of the Law on State information systems. It is proposed to unify the following elements of the legal status of information providers: duty to ensure accuracy, completeness and timeliness of information; responsibility for failure to provide information, as well as the submission of incomplete, false or incorrect information; the right to correct errors. The author also considers the problems of legislation, related to specific information systems, and offers the ways to improve it.
Keywords:
public administration, error correction, administrative responsibility, completeness of information, correctness of information, state information system, information provider, provision of information, relevance of information, big data
Administrative law, municipal law and the judicial branch
Reference:
Shutilina O.A.
Tribunals and administrative system of England
// Administrative and municipal law.
2015. ¹ 10.
P. 1090-1095.
URL: https://en.nbpublish.com/library_read_article.php?id=66974
Abstract:
One of the key moments of the article is the fact that tribunals are a special alternative to the traditional way of judicial control. The reform of administrative review mechanisms and the system of tribunals in England came into effect on November 3, 2008; this article considers the structure and the composition of this reformed system. Tribunals oversight remains the important guarantee of regulation and limitation of their functioning. The author shows the discussion of the peculiarities which can be implemented by any controlling authority. The methodology of the research comprises the general scientific methods of cognition including the systems analysis, the complex approach, the comparative-legal, formal-logical, system-structural, formal-legal and legal-technical methods. The author concludes that the chief importance of these developments is that the Tribunals Service doesn't depend anymore on the related department in the questions of resources and staff. Cooperation between the controlling Executive body of the Tribunals Service and the tribunals of the judicial system has led to the expansion of the spectrum of service provision to the users of tribunals. Possibly the most important aspect of the tribunal reforms is that tribunal decisions are no longer viewed as second-rate or weak judicial decisions. The combined function of the Upper Tribunal puts it in a difficult situation in England. Formally its authoruty is limited to the appeals related to the legality of the decision, but at the same time it has the same authorities as the first-tier tribunal; this situation leads to the overlay of ideas and notions in the system.
Keywords:
appeal, first-tier tribunals, upper tribunals, merits review, administrative tribunals, judicial review, legality, reasoning, finality, reform