Executive authorities and the civil society
Reference:
Kilesso M.A.
Subjects executing public control over the activities of local governments in Russia
// Administrative and municipal law.
2015. ¹ 3.
P. 237-240.
URL: https://en.nbpublish.com/library_read_article.php?id=66226
Abstract:
The object of the research is public control over the activities of local governments and their officials in the Russian Federation.The subject of the research is the revelation of subjects of public control.The aim of the research is to determine the range of subjects executing public control over local governments in Russia. Achievement of the above mentioned purpose predetermined the statement and the solution of the following tasks: 1. to define the list of subjects listed in the Federal Law «On the foundations of public control in the Russian Federation»; 2. to analyze the possible legal faults in the Federal Law «On the foundations of public control in the Russian Federation»; 3. to analyze the scientific works in the sphere of research; 4. to classify the subjects; 5. to develop the suggestions to supplement the norms of the Federal Law «On the foundations of public control in the Russian Federation».The methodology of the research is based on the dialectical method of scientific cognition. The research also uses the general scientific methods, and other methods (the formal - logical, the comparative - legal, the system - structural).The result of the research reveales the range of subjects which can exercise public control over the activities of local governments in Russia. The author reveals the legislative faults of legal and technical nature in the Federal Law of July 21, 2014 ¹ 212-FZ «On the bases of public control in the Russian Federation». The classification of the subjects of public control has been implemented. Thus the list of subjects can be supplemented by the subjects as: 1) citizens acting as public inspectors and public experts; 2) public associations, including trade unions; 3) nongovernmental noncommercial organizations; 4) persons working in the media. Consequently the conclusions of the research can serve as a bases for amending the Federal Law of July 21, 2014 ¹ 212-FZ «On the bases of public control in the Russian Federation».
Keywords:
classification of subjects, control, subjects, local self-government, local governments, public control, subjects of public control, control subjects, public experts, public inspector
Administrative, municipal law and federal structure of the state
Reference:
Krylov O.M.
Money circulation as an object of a state financial security
// Administrative and municipal law.
2015. ¹ 3.
P. 241-247.
URL: https://en.nbpublish.com/library_read_article.php?id=66227
Abstract:
The subject of the study contains the financial and legal rules regulating the public relations which develop mainly during the organization of the state financial security. Among the various objects of financial security of the state the area of monetary relations can be outlined, and its security gains a particular importance at the present day. The current organization of the state monetary circulation is impossible without the mechanisms such as the state financial security and national security because they serve as a guarantee of the constitutional rights, freedoms, adequate quality of life and living standards of citizens, sovereignty, territorial integrity and sustainable development of the state and its defense and security.The methodology is based on the dialectical method of scientific cognition of social, economic and legal phenomena in their interrelationship and interdependence. Reliability and validity of the results are achieved through the application of the integrated system-structural, comparative legal, formal legal and logical-theoretical methods, as well as the method of describing the concepts, analysis, synthesis, and other methods. The author concludes that the safety of the state is a monetary element of the national security. This is the condition of safety of the state from the internal or external threats which allows provision of sustainable and progressive development of its financial system in the process of money circulation, which in turn provides the constitutional rights, freedoms, adequate quality of life and living standards of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, the defense and security of the state. Since it is impossible to consider money circulation in general as an object of the financial security of the state, the author proposes to use the category of "monetary security of the state" along with the category of "financial security of the state."
Keywords:
emission, activity, function, system, state, circulation, finance, security, money, economy
Administrative law, municipal law and security
Reference:
Mironov A.N.
Legal grounds of local governments' activities in the sphere of state security provision (Vladimir region case study)
// Administrative and municipal law.
2015. ¹ 3.
P. 248-255.
URL: https://en.nbpublish.com/library_read_article.php?id=66228
Abstract:
The object of the research is the activity of the state authorities and the local governments of Vladimir region in the creation of legal conditions of public security provision on the municipal territories. On the base of the analysis of the concept of public security the author outlines the various activities of the local bodies and officials in the sphere of public security, as well as the specific actions taken within the various spheres of public security on the municipal territories of Vladimir region. The author analyzes the municipal legal acts regulating the activities of various types of municipalities in the sphere of public safety provision. The solution is based on the dialectical method and the related scientific methods of cognition of legal regulation of relations in the sphere of public safety. The scientific novelty consists in a comprehensive analysis of the legal foundations of the organization and activities of local authorities in the sphere of public safety on the territory of Vladimir region, the revelation of the local governments' activites. The author notes the lack of clearly established responsibilities of the local governments in the sphere of public safety provisioin, the necessary organizational and financial capacities at the local level.
Keywords:
provision, crimes, emergencies, extremism, corruption, prevention, local government, public safety, protection, public order
Administrative enforcement
Reference:
Gaganov A.A.
Legal aspects of illegal transportation of passengers and goods by motor cars. Some issues of transportation by passenger taxis
// Administrative and municipal law.
2015. ¹ 3.
P. 256-262.
URL: https://en.nbpublish.com/library_read_article.php?id=66229
Abstract:
The article considers the components of administrative offences in the sphere of transportation by passenger taxis, the problems of delimitation of the components, and imposition of administrative sanctions for the corresponding offences, and the ways of these problems solution. The article considers the disagreement between the legislative understanding of the components of the offence connected with the illegal taxi-driving and the practice of the Supreme Court of the Russian Federation according to this issue. The author substantiates the necessity of introduction of the notion "passenger taxi" and the adoption of a particular federal law in this sphere of regulation. The author uses the general scientific methods and the methods of juridical science. Particularly, the author uses the logical method, the system structural method, the method of legal analysis of legal acts texts, the comparative-legal method. The author reveals the essential drawbacks of the existing legislation aimed at illegal taxi-driving combating which hamper the adequate realization of the corresponding norms of the Code of Administrative Offences dated April 21, 2001 No 69; in the author's opinion it is necessary to adopt a new federal law with a clear subject of regulation - a passenger taxi. It is recommended to fix in the law the definition of "passenger taxi" including the specific features of a taxi (the principles of transportation pricing).
Keywords:
illegal taxi-driving, administrative fine, administrative punishment, administrative offence, administrative responsibility, passenger taxi, State Information System of State and Municipal Pa, Code of Administrative Offences of the Russian Fed, components of offences, passenger transportation
Administrative enforcement
Reference:
Gromova G.A.
The doctrine of administrative coercion as a protective function of administrative law in the late XIX - the early XX centuries .
// Administrative and municipal law.
2015. ¹ 3.
P. 263-269.
URL: https://en.nbpublish.com/library_read_article.php?id=66230
Abstract:
The article investigates the impact of the methods of administrative law on social relations, in particular - in the performance of protective functions of law. The author carries out the historical and legal analysis of coercion in the implementation of protective functions as well as a comparison with current legislation containing legal and administrative regulations. The author focuses on the essence of state coercion, its separate value, theoretical issues of enforcement according to administrative law; formulates the concept, features, types of enforcement in public administration of the second half of the 19th century. The author comes to the conclusion about the use of similar methods of coercion used by administrative law in the 19th century, in the existing administrative law. The author uses the historical-synchronous and the historical-diachronic methods of studying of temporal changes in the essence of coercion used by administrative law in order to perform its protective functions. These methods are the necessary instruments for the disclosure of historical transformations of the research subject. The scientific novelty of the article lies in a better understanding of the need to study the historical and legal analysis of administrative law in Russia, not in the Western European countries, with the aim of enhancement of identity and independence of development of legal thought in Russia, as well as the possible "adaptation" of certain methods or their main ideas used in the development and the formation of administrative law enforcement functions in the implementation of the protective function of the administrative branch of law at the present time. The evaluation of Russian "own" experience of transformation of the protective function and methods of administrative law gives "food for thought" about the importance of the former and the existing functions and methods of law. In the context of relevance the author reveals the importance of administrative-legal methods of coercion as a means of the adequate development of state and society.
Keywords:
exile, compulsory attendance, confiscation, coercion, protective function, functions of administrative law, administrative law, prohibition of departure, arrest, banishment
Administrative enforcement
Reference:
Teryukov E.V.
On the issue of administrative suspension of activity legal nature and place in the system of administrative coercive measures
// Administrative and municipal law.
2015. ¹ 3.
P. 270-274.
URL: https://en.nbpublish.com/library_read_article.php?id=66231
Abstract:
The subject of this study is the legal nature of administrative suspension of activity and its place in the system of administrative coercion.The article analyzes the legal nature of administrative suspension of activities and defines its place in the system of administrative coercion. At the same time it reveals the essential features of administrative coercion, its specificity, subjects and cases of the administrative measures. The author determines the subjective and objective conditions of application of this punishment, the objective conditions of suspension of administrative activities, and identifies the main approaches to the use of capital punishment.As the esearch methods the author uses the complex approach that combines the use of the dialectical materialist approach, the method of system analysis and the regulatory method.The novelty of the research lies in the fact that the author identifies a number of specific features that allow us to conclude that the administrative suspension of operations does not belong according to its nature to any group of administrative coercion identified within the science of administrative law. Administrative suspension of operations, in fact, at the same time applies to both measures of administrative warning and measures of administrative punishment. The special feature of this legal action is the fact that it is the only administrative punishment having a suspended sentence of execution, as well as the fact that the legally protected objects in this case are not only the human life and health, but also the public or state security.
Keywords:
administrative warning, consequence, background, responsibility, measure, punishment, coercion, administrative suspension of activity, administrative constraint, application of punishment
Liability in administrative and municipal law
Reference:
Kurakin A.V., Kostennikov M.V., Badulin A.D., Tregubova E.V., Kareeva-Popelkovskaya K.A.
Problems of administrative responsibility application in cases of violation of legislation in the sphere of state regulation of spirituous and alcohol-containing production
// Administrative and municipal law.
2015. ¹ 3.
P. 275-282.
URL: https://en.nbpublish.com/library_read_article.php?id=66232
Abstract:
The subject of the research is the complex of problems of a scientific and practical character connected with the application of measures of administrative responsibility for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The object of the research includes public relations appearing in the process of administrative measures application for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The authors pay special attention to the content and the principles of administrative responsibility in the sphere in question and formulate the suggestions about the enhancement of its realization. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the theoretical and the general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal logical) and the methods used in special sociological research (the statistical method, expert evaluations, etc). The article explains the necessity of extension of protective effect of administrative responsibility measures applied for the violation of order of production and distribution of ethyl alcohol, spirituous and alcohol-containing production, reveals the material and procedural components of administrative responsibility in this sphere. The study theoretically substantiates and reveals the mechanism of administrative measures realization in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. Moreover, the authors come to the conclusion about the necessity of inclusion of licence abolition as an administrative punishment for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production.
Keywords:
alcohol, spirit, responsibility, punishment, fine, police, coercion, control, distribution, production
Administrative process and procedure
Reference:
Agamagomedova S.A.
Optimization of particular administrative procedures within protection of intellectual rights by custom authorities
// Administrative and municipal law.
2015. ¹ 3.
P. 283-290.
URL: https://en.nbpublish.com/library_read_article.php?id=66233
Abstract:
The subject of the research includes administrative procedures within the custom authorities' fulfilment of the state function of custom registration of intellectual property objects by the Federal Custom Service of Russia. The function in question includes a range of administrative procedures connected with receiving and consideration of the rightholders' applications, registration of intellectual property objects, excluding them from the Custom Register, amending of the Register, publication of the Register, informing custom authorities and interested parties of the Register, interaction between custom authorities and state authorities, citizens and organizations on the issues connected with the Register. The methodology of the research is based on the analysis of normative-legal acts in the sphere of transboundary protection of intellectual property rights and on the problem-chronological and structural methods. The novelty of the research lies in the fact that the author is the first who considers administrative procedures of custom authorities in the process of fulfilment of the function of intellectual property rights protection on the base of the mechanism of work with the Custom Register of Intellectual Property Objects of Russia. On the base of the research the author offers the measures of administrative procedures optimization. In the conclusion the author offers the directions of enhancement of the administrative procedures in question which can give the opportunity to simplify the interrelations between rightholders and custom authorities and to improve the efficiency of the existing mechanism of transboundary protection of intellectual property objects by custom authorities.
Keywords:
custom authorities, administrative procedures, Custom register, Federal Custom Service of Russia, intellectual property, administrative regulation, Rospatent, optimization, rightholder, trademark
Administrative process and procedure
Reference:
Mikaya A.V.
The principle of competitiveness in the proceedings on administrative offences in the sphere of antimonopoly legislation and the problems of its implementation at the stage of considering of antitrust legislation violation case by the Commission of the Antimonopoly body.
// Administrative and municipal law.
2015. ¹ 3.
P. 291-295.
URL: https://en.nbpublish.com/library_read_article.php?id=66234
Abstract:
The article is devoted to the analysis of the principle of competitiveness in the proceedings on administrative offences. The author pays special attention to the problems of implementation of this principle in the proceedings on administrative offences in the sphere of antimonopoly legislation. The methodology of the study is based on accumulation of general and special scientific methods and techniques used in juridical science in general, namely the dialectical, historical, structural and systematic, comparative legal, statistical, formal and logical analysis and the system method. The scientific novelty of this study lies in the fact that the author attempts to analyze the influence of the principle of competitiveness on the proceedings on administrative offences cases as well as to identify the problems of implementation of the principle of competitiveness during the implementation of administrative-jurisdictional process by the authorized bodies of executive power, in particular when considering the antitrust legislation violation case by the Commission of the Antimonopoly body.
Keywords:
administrative process, administrative jurisdiction, administrative offence, antimonopoly regulation, principles, process, compettitiveness, proof, problems of implementation, principle of competitiveness
Legislation commentary
Reference:
Eseva E.Yu.
The Federal Law "On Road Traffic Safety" (version of 07.05.2013) in the context of the principle of international law supremacy
// Administrative and municipal law.
2015. ¹ 3.
P. 296-298.
URL: https://en.nbpublish.com/library_read_article.php?id=66235
Abstract:
The main issue of the article is the conformity of Russian legislation regulations with international law in the context of the basic principle of international law supremacy. The author considers the example of the new version of the Federal Law On Road Traffic Safety correspondence with Geneva Convention On Road Traffic, particularly, the provision not allowing the use of national driving license of other countries and international driving lisense ussued by other states in cases of commercial traffic. The author uses the comparative-legal method, the methods of comparison, description, the axiomatic method, analysis and synthesis. The importance of the research lies in its novelty, as it's the first scientific reseacrh on this problem since the adoption of amendments to the Federal Law On Road Traffic Safety. The article touches upon not only this particular law, but Russian national legislation in general in its correspondence with international law.
Keywords:
international law supremacy, national legislation, international driving license, national driving license, labour rights, discrimination, Constitution, Convention of Road Traffic, serious contradiction, violation of rights
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Shel'menkov V.N.
Legal provision of official data access in Germany
// Administrative and municipal law.
2015. ¹ 3.
P. 299-305.
URL: https://en.nbpublish.com/library_read_article.php?id=66236
Abstract:
The article considers the citizens' and organisations' access to the information about the activities of state structures in Germany; it claims that everyone has the right to access to official documents. In Germany the components mentioned are contained in the General Law of Germany. The article considers the principles and ways of data access privision, the forms of granting, the rights and responsibilities of users of the information, the state authorities and their officials. The article considers the access to the information about the state structures activities in databases, on DVDs, in journals and in electronic form. The infornation can also be transmitted through the media, put on the stands in the rooms where the state authorities act, stored in libraries and archive collections, etc. The study deals with the issues of data access on user's demand including the demand requirements, the terms and the order of a demand consideration, the requirements to the reply on the demand. The author analyzes the normative legal regulation and the judicial practice of official data access provision in Germany. There are different sources of official information in Germany. They can be divided into private and state. The access to laws and legal acts is granted through the publication of laws in the Federal bulletin of laws. The author supposes that not all the citizens have a free access to the official information in Germany.
Keywords:
access, information, right, Germany, legal information, legal act, administrative act, state structures, legal information sources, publication
Administrative law, municipal law and the issues of legal theory
Reference:
Belyaeva G.S.
On the issue of legal instruments essence and system
// Administrative and municipal law.
2015. ¹ 3.
P. 306-312.
URL: https://en.nbpublish.com/library_read_article.php?id=66237
Abstract:
The article considers the questions of essence and system of legal instruments, the main stages of formation of the theory of legal instruments and the instrumental approach in law. The scientists's views on the legal nature of legal instruments are analyzed, the certain conclusions concerning the essence and the maintenance of this legal phenomenon are made. The author considers the system of legal instruments, the grounds for their classification and the peculiarities of legal order as a complex legal instrument filling with primary legal instruments. The study uses the various general scientific methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system and structural, the functional and formal and the logical approaches. The special methods are presented by the special sociological and the statistical methods, and the particular – by the formal-juridical, the comparative and legal and the method legal norns interpretation.The novelty of the research consists in systematization of essensial characteristics of legal instruments and identification of the core factors - the bases for classification of legal instruments and peculiarities of functioning of simple (elementary) legal instruments within their integrated complexes (legal orders). The theoretical judgments of the author are confirmed and illustrated by legal sources.
Keywords:
legal mechanism, legal order, system of legal instruments, efficiency of law, purpose in law, instrumental theory of law, legal instrument, criteria of classification, primary legal instruments, complex legal instruments
Public service, municipal service and issues in the fight against corruption
Reference:
Bakhtina M.S.
Peculiarities of municipal legal acts anti-corruption expertize
// Administrative and municipal law.
2015. ¹ 3.
P. 313-320.
URL: https://en.nbpublish.com/library_read_article.php?id=66238
Abstract:
The aticle is devoted to the problem of definition of typical features of anti-corruption ezpertize by municipal bodies. The study considers the specificity of liability for curruption of particular types of municipal legal acts. The author pays attention to the most frequent factors encouraging corruption in these legal acts, reveals regularities, typical faults and shortcomings of legal acts and their projects anti-corruption expertize in municipalities according to the data of the research. The results of the research give the opportunity to formulate the suggestions about anti-corruption expertize improvement. The author uses the method of contextual analysis of legal acts and the practices of their application (returns, judicial practice, documents circulation). The analysis of regional legislation, judicial practice, returns of state authorities demonstrates the absence of systematism in subjects' actions. The bodies organize different events aimed at the decrease of corruption risks, but they are of fragmentary character. Thus the author makes a suggestion for the bodies, executing anti-corruption expertize, to systematize anti-corruption activities, to adjust their cooperation. The article can be of interest to scientific researchers, lecturers, students and postgraduates of juridical universities, and for the developers of legal acts.
Keywords:
anti-corruption expertise, municipal legal act, liability for corruption, charters of municipalities, normative legal acts, minicipal body, local administration, representative body, factor encouraging corruption, expertise