Executive authorities and the civil society
Reference:
Kamilov M.A.
Cooperation between public authorities in organization of public events (Nizhny Novgorod region case)
// Administrative and municipal law.
2015. ¹ 9.
P. 880-885.
URL: https://en.nbpublish.com/library_read_article.php?id=66875
Abstract:
The subject of the research is cooperation between public authorities in organization of public events. The author studies the existing system of cooperation using the experience of Nizhny Novgorod region. The paper considers public and local authorities, responsible for reception of notifications about public events, their structure and main functions. Moreover, the author defines the purpose of cooperation between the authorities and legal regulation of this cooperation, formulates suggestions for its improvement. The main research methods are logical, system-structural and comparative; the special scientific methods (methods of legal science) are the statistical method and modeling. The author concludes about the necessity for public and local authorities to pay special attention to the organization of public events due to their social importance. The author offers to introduce administrative supervision over public authorities’ activity in organization of public events.
Keywords:
cooperation, public authority, local governments, mass events, public events, public safety, public order, notification order, administrative and legal regulation, administrative law
Executive authorities and the civil society
Reference:
Knyazev A.P.
Public discussions and public hearings as the forms of interaction of civil society institutions and public and local authorities
// Administrative and municipal law.
2015. ¹ 9.
P. 886-890.
URL: https://en.nbpublish.com/library_read_article.php?id=66876
Abstract:
The article considers the forms of interaction of civil society institutions and public and local authorities, mentioned in the recently adopted Federal Law of July 21, 2014 ¹ 212-FZ “On the bases of public control in the Russian Federation”, such as public hearings and public discussions. The author carries out the comparative analysis of these forms, revealing their common and individual features, and outlines particular shortcomings of legal regulation of public hearings and discussions, offering the ways of their correction. The author applies the general scientific (analysis, synthesis, deduction, induction) and the special scientific (comparative-legal, formal-logical) methods. The novelty of the research consists in its subject: for the first time the regulations about public control and its forms, including public hearings and discussions, have been systematized and legitimated on federal level; in the light of the new federal law the author attempts to study these forms profoundly, while the previous researches considered public control in general. The author comes to the conclusion about the necessity to introduce more accurate criteria of differentiation of public hearings and public discussions, and to enhance the regulations related to them.
Keywords:
Socially important questions, civil society institutions, local authorities, public authorities, forms of interaction, Public hearings, Public discussions, Public control, Forms of public control
Public and municipal service and the citizen
Reference:
Meshcheryagina V.A.
Constitutional right to appeal as an element of maintaining the balance between the interests of a person, the society and the state
// Administrative and municipal law.
2015. ¹ 9.
P. 891-897.
URL: https://en.nbpublish.com/library_read_article.php?id=66877
Abstract:
The article considers the constitutional right to appeal as a legal form of dialectical correlation between the interests of the state, the society and a person. The author outlines the range of unsettled theoretical-legal and practical questions, hindering the development of institution of the constitutional right to appeal in the Russian Federation. The author puts forward concrete suggestions about the enhancement of legislative regulation of the institution of the constitutional right to appeal and the renewal of the system of public management in general. The author applies the general scientific and the special scientific methods of research, including the systems method, synthesis, the normative-logical approach, analysis, deduction, induction and other methods. The author comes to the conclusion about the need for legitimation and explanation of the notion “petition” in federal legislation; establishment of instance for pre-trial appeals thus obliging a citizen to address an appeal primarily to municipal authorities and municipal branches of public bodies; obliging a citizen to notify the fact of copying the same appeal to several government bodies and other organizations.
Keywords:
personal interest, public interest, legislative initiative, Petitions, legal interest, appeal, right to appeal, referendum, The Constitutional Court Of Russia, collective appeals
Public and municipal service and the citizen
Reference:
Evstafiadi Ya.K.
Position as a fundamental element of the structure of civil service
// Administrative and municipal law.
2015. ¹ 9.
P. 898-905.
URL: https://en.nbpublish.com/library_read_article.php?id=66878
Abstract:
The author analyzes the legal nature and the content of a law-enforcement service position in the public service system of the Russian Federation. The article defines the essence of the concept of "position" as an element of public service, its legal status and its importance for the formation of any kind of public service. The author considers the provisions of legal regulation of law enforcement service in the Russian Federation. Attention is paid to the problems of the current Federal law "On public service of the Russian Federation" and the draft Federal law "On judicial service of the Russian Federation". The author uses the systems method, the dialectical, comparative-legal and formal-logical methods. The novelty lies in the establishment of differences between the law-enforcement service positions and the positions in civil and military service; the consideration of the distinctive features of these types of service; the revelation of the nature of a law-enforcement service position; the analysis of the existing problems in defining of the concept and the content of a law-enforcement service position. The conclusions of the research helped to form the features and peculisrities which characterize the position of a state law enforcement service as a fundamental element of the system of law enforcement service.
Keywords:
law-enforcement bodies, competency, position, public position, law-enforcement service, public service, professional, unity, structural unit
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Baranov I.N.
Municipal law-making process: concept and stages
// Administrative and municipal law.
2015. ¹ 9.
P. 906-912.
URL: https://en.nbpublish.com/library_read_article.php?id=66879
Abstract:
The subject of the article is the range of problems of municipal law-making in the Russian reality. The author analyzes and reveals the concepts “municipal law-making” and “municipal law-making process” and the stages of municipal law-making process. The author ascertains the lack of unanimity of views about the content of municipal law-making process in scientific and educational literature on jurisprudence. Having studied the positions of scientists in this sphere, the author comes to the conclusion about impermissibility of merging of key concepts in this sphere of knowledge. The author studies the essence of municipal legal acts and characterizes them. The study is based on the methods of analysis, synthesis, logic and dialectics. The article demonstrates the author’s understanding of the concept of “municipal law-making process”, argues the necessity of its inclusion in the Federal Law of October 6, 2003 ¹ 131-FZ. The author substantiates the idea that control over implementation, and also abrogation or suspension of municipal legal acts cannot be fully identified as the stages of municipal law-making process. The author offers the ways of improvement of the concept “municipal normative legal act”.
Keywords:
stages of law-making process, rule-making, local government, municipal legal act, municipal regulatory process, Municipal law-making process, municipal law-making, promulgation, law-making, subjects of law-making process
Administrative enforcement
Reference:
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P.
On the issue of classification of administrative and preventive measures
// Administrative and municipal law.
2015. ¹ 9.
P. 913-920.
URL: https://en.nbpublish.com/library_read_article.php?id=66880
Abstract:
The article focuses on the problems of legal and organizational measures of administrative and legal regulation of administrative offences prevention. The authors analyze the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The article demonstrates the authors' position on the notion of administrative-legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article demonstrates the authors' position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (the statistical methods, expert evaluation, etc.).The authors conclude that currently in order to provide the rule of law in the ambit of administrative law it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors is the statement of the need for the development of administrative-legal regulation of administrative offences prevention. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity and the creation of legal and institutional guarantees of legality in our country.
Keywords:
jurisdiction, delictology, delict, law enforcement, work, system, classification, police, prevention, coercion
Liability in administrative and municipal law
Reference:
Arkhipov S.V.
Individualization of administrative punishment of legal entities
// Administrative and municipal law.
2015. ¹ 9.
P. 921-924.
URL: https://en.nbpublish.com/library_read_article.php?id=66881
Abstract:
The subject of the research is the range of problems of law-enforcement practice, connected with the possibility of individualization of administrative punishment for legal entities, and the ways of their solution. Since 2007 the policy of administrative responsibility toughening has been consistently realized, resulting in the increase of fines for legal entities. Taking into account that in most cases of administrative offences there are no other forms of punishment for legal entities, and payment by installments or the legal institution of unimportance was not enough for a just and adequate punishment, implementation of some constitutional principles in the ambit of administrative responsibility was not assured. The study applies the comparative-legal research method; the author uses comparison of legal norms (also in their historical development), regulating this sphere of legal relations, law-enforcement practice and scientific literature. The novelty of the research consists in the fact that it is the first study of historical prerequisites and measures of legitimation of the mechanisms of individualization of administrative punishment for legal entities in accordance with constitutional principles of imposition of punishment. The author believes that the study results can be used by other researchers in this sphere.
Keywords:
legal method of regulation, administrative fine, administrative punishment, differentiation, legal entities, individualization of administrative responsibility, administrative responsibility, constitutional guarantees, no alternative to sanctions, law-enforcement practice
Liability in administrative and municipal law
Reference:
Khurtin D.O.
Special reasons for exemption of administrative liability for the violation of intellectual property rights
// Administrative and municipal law.
2015. ¹ 9.
P. 925-928.
URL: https://en.nbpublish.com/library_read_article.php?id=66882
Abstract:
Administrative liability for intellectual property rights violation is established in the articles 7.12 and 14.10 of the Code of Administrative Offences of the Russian Federation; it is one of the ways to protect intellectual property rights. The subject of the article is the possibility of exemption of administrative liability for such offences, and the study of the problem of the need for introduction of additional reasons for condonation in such cases. The author uses the methods of analysis, analogy, modeling; the research is also based on the study of legal regulations and law-enforcement practice. The author concludes that it is necessary to amend the articles 7.12 and 14.10 of the Code of Administrative Offences of the Russian Federation with special reasons for exemption of administrative liability for the violation of intellectual property rights in case of indemnification and reconciliation with an aggrieved party.
Keywords:
administrative legislation, administrative liability, exemption of liability, reconciliation with aggrieved party, intellectual property right, patent rights, administrative offence, special reasons, property damage
Management law
Reference:
Basiev M.S.
On the improvement of organizational base of local government in the Russian Federation
// Administrative and municipal law.
2015. ¹ 9.
P. 929-937.
URL: https://en.nbpublish.com/library_read_article.php?id=66883
Abstract:
The object of the research is the organizational base of local government in the Russian Federation. The author studies the role of the head of a municipality in the system of local governments interaction. The basic hypotheses of the research are the necessity to clearly differentiate representative and executive powers on local level and the admittance of a common nature of public authority on all its levels. The existing federal legislation admits the possibility of existence of the head of a municipality who is at the same time the chairperson of a representative body, the situation, unreasonable from the position of local government efficiency. The methodology is based on the study of the current legislation and law-enforcement practice (formal-legal and analytical methods) and on the consideration of the history and the tendencies of development of Russian legislation (historical-legal and dialectical methods). The author substantiates the problem of the existing legal model of regulation of organizational base of local government in the Russian Federation, and develops suggestions about federal legislation amending in order to eliminate the possibility to combine the positions of the head of a municipality and the chairperson of a representative body. This study is one of the first works in Russian political science aimed at the solution of this problem.
Keywords:
executive power, public authority, separation of powers, local administration, representative body, local government, Head of Municipality, municipality, local government, combination of posts
Management law
Reference:
Zanko T.A.
Topical issues of federal executive bodies functioning in the Russian Federation
// Administrative and municipal law.
2015. ¹ 9.
P. 938-945.
URL: https://en.nbpublish.com/library_read_article.php?id=66884
Abstract:
The study considers the existing peculiarities of legal regulation of the system and structure of federal executive authorities, and interaction of the President and the Government of the Russian Federation. The article analyzes the trends of reforming of federal executive authorities, in particular, the creation of territorial ministries, reconstruction of state committees, optimization of the structure of federal bodies of executive power by means of consolidation and transmission of their functions to the state corporations. Particular emphasis in the article is made on the necessity of legislative regulation of the system and structure of federal executive authorities.The study uses the legal, structural, functional, and historical methods, which provide a comprehensive analysis of trends of the system and structure of federal executive authorities development.As the result of the study the following peculiarities of the Russian Government are formulated: the reconstruction of the Government Presidium, a unique combination of posts of a Deputy Prime Minister and a Presidential Envoy, the presence of Ministers of «dual subordination» and ministers «without portfolio» in the Government. The article also analyzes the tendency of revision of the administrative reform results by providing the executive bodies of the tripartite system with some non-core functions.
Keywords:
federal agencies, federal ministries, territorial ministries, administrative reform, executive authorities, Government, President, federal services, public administration, federal authorities
Management law
Reference:
Konysheva E.G.
Two-tier model of local government: problems and prospects
// Administrative and municipal law.
2015. ¹ 9.
P. 946-951.
URL: https://en.nbpublish.com/library_read_article.php?id=66885
Abstract:
The subject of the research is a two-tier model of local government. The author analyzes the recent changes of the Federal Law “On the common principles of local government organization in the Russian Federation” which introduces new types of municipal entities – a city district with an intracity division, and an intracity area, thus creating the preconditions for the general application of a two-tier model of local government. Within this system the possibility to introduce the elements of public management is considered. The author touches upon the issues of interaction between local governments and public authorities within this two-tier model and offers their legislative settlement. The author uses, mainly, the method of scientific modeling which allows creating the most appropriate local government model. The author suggests the local government model with the elements of public management and formulates the principles of interaction between local governments and public authorities within the two-tier model which are aimed at the provision of local governments’ independence and their active cooperation.
Keywords:
urban agglomerations, public authorities, reforms, intracity area, city district, settlement, municipal district, two-tier local government, interlevel management, principles of interaction
Management law
Reference:
Yuvchenko S.V.
The formation of the Federal service of court bailiffs of the Russian Federation and its development in 2004 – 2008
// Administrative and municipal law.
2015. ¹ 9.
P. 952-957.
URL: https://en.nbpublish.com/library_read_article.php?id=66886
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 virtues 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:
compulsory execution, administrative reform, efficiency, development, formation, bailiff, Executive proceedings, bailiff service, control, supervision
Administrative law, municipal law and institutes of democracy
Reference:
Zabaykalov A.P., Lotorev E.N.
Responsibility for an acceptioin of an "election bribe"
// Administrative and municipal law.
2015. ¹ 9.
P. 958-962.
URL: https://en.nbpublish.com/library_read_article.php?id=66887
Abstract:
The article deals with the introduction of responsibility of a voter for acception of an "election bribe". It is noted that the global and Russian practice provides for administrative, criminal and constitutional responsibility for the subornation of voters for candidates and other persons wishing to influence the will of the electorate. However, domestic legislation does not imply adverse consequences for the citizen who had received such an award. Taking into account the world experience, the article studies the feasibility and legal possibility of introduction of constitutional, criminal and administrative responsibility for these acts. The research methodology is based on the traditional legal science principles, techniques and approaches: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that it would be the most appropriate to establish administrative responsibility for such actions. And the responsibility for the voter should be less severe than for those engaged in their subornation. In addition, it is rational to provide for an exemption from the responsibility for the citizens who voluntarily reported the bribery to the competent authority, as well as in cases when bribery was conjugated with coercion, threats, deception.
Keywords:
constitutional responsibility, election bribes, vote, election, administrative responsibility, responsibility, criminal responsibility, subornation, voter, fine
Administrative law, municipal law and other branches of law
Reference:
Baranov M.S.
Correlation of the notions “suffered”, “aggrieved person” and “victim of crime”
// Administrative and municipal law.
2015. ¹ 9.
P. 963-966.
URL: https://en.nbpublish.com/library_read_article.php?id=66888
Abstract:
The subject of the research is the range of legal and organizational problems of consideration of the notion of a person, suffered from some damage, and its legitimation according to the current criminal and penal legislation. The author carries out theoretical and legal analysis of the notions “suffered”, “aggrieved person” and “victim of crime”. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The main attention is paid to the development of the classification criteria for the abovementioned legal categories in the science and law-enforcement practice. The methodology includes the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that the notions “suffered”, “aggrieved person” and “victim of crime” are not revealed in the current legislation consistently enough. Therefore, it is necessary to develop criminal and administrative legislation regarding legitimation of these categories. The author draws attention to this problem and offers the ways of differentiation of these categories in the Russian law.
Keywords:
regulation, offence, infringement, delict, police, victim, crime, suffered, correlation, notion
Administrative law, municipal law and the judicial branch
Reference:
Mokoseeva M.A.
Decisions of the Constitutional Justice of the Russian Federation: the rule of law or legal formality
// Administrative and municipal law.
2015. ¹ 9.
P. 967-977.
URL: https://en.nbpublish.com/library_read_article.php?id=66889
Abstract:
In Russia the problem of implementation of acts of constitutional legal proceedings was raised before the adoption of the Constitution of the Russian Federation in 1992, when the Republic of Tatarstan hadn't implement the Resolution of the Constitutional Court of the Russian Federation of March 13, 1992, N P-RZ-I. It is possible to give many examples of full and timely implementation of decisions of the constitutional justice, but there are also the facts of ignoring, unjustified procrastination of implementation, and attempts to overcome their legal effect by means of readoption of regulations similar to those recognized unconstitutional. The author analyzes the reasons of non-fulfulment of acts of the constitutional control and offers various solutions of this problem. The author considers the concept and legal nature of legal positions of the Constitutional Court of the Russian Federation, their correlation with the decisions of the Constitutional Court, the lack of an accurately formed mechanism of their implementation in the law-making and law-enforcement practice. The author studies different types of responsibility for non-fulfilment of decisions of the constitutional justice and suggests to establish preliminary constitutional control and administrative responsibility. Thus the author studies foreign experience of the Republic of Kazakhstan, the Republic of Belarus, the Republic of Kosovo, the Albanian Republic and Germany. In the conclusion the author offers the ways of improvement of Russian legislation, including the adoption of law on normative legal acts in the Russian Federation.The research is based on the scientific methods, such as the methods of analysis and comparison, which help to define the similarities and differences between the rules of law and the decisions of the Constitutional Justice and to formulate particular theoretical and practical conclusions and suggestions, necessary for the further development of Russian legal system.
Keywords:
improvement of the legislation, rule of law, constitutional control, constitutional justice, constitutional court, judgments, Legal position, constitutional law, constitution, constitutional legal proceeding
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov P.A.
On the correlation of anti-corruption education and anti-corruption enlightenment as the forms of anti-corruption activity
// Administrative and municipal law.
2015. ¹ 9.
P. 978-985.
URL: https://en.nbpublish.com/library_read_article.php?id=66890
Abstract:
The research focuses on the essential characteristics of anti-corruption enlightenment and anti-corruption education as two interconnected and interdependent forms of anti-corruption activity, and their correlation. The study aims at: a) revelation of essential characteristics of anti-corruption enlightenment and anti-corruption education; b) assessment of their correlation as the forms of anti-corruption activity; c) outlining of the common and the specific features of both notions; d) the analysis of normative legal acts regulating the sphere of anti-corruption enlightenment and education. The methodology is based on dialectical materialism; the main research method is structural analysis which helped to define the correlation of anti-corruption enlightenment and education. The main conclusions of the study are: a) anti-corruption education and anti-corruption enlightenment are different means of combating corruption with a significant anti-corruption potential, though having some similarities; b) they differ in all structural elements: goals and tasks, subjects and objects, means of implementation, legal regulation and legal consequences.
Keywords:
anti-corruption informing, prevention of corruption, anti-corruption enlightenment, anti-corruption education, anti-corruption policy, combating corruption, Corruption, anti-corruption worldview, anti-corruption behavior, anti-corruption activity