Question at hand
Reference:
Kanunnikova N.G.
The problems of classification of administrative-legal relations
// Administrative and municipal law.
2016. ¹ 12.
P. 954-956.
URL: https://en.nbpublish.com/library_read_article.php?id=68518
Abstract:
The article considers some issues, related to theoretical views on the problems of classification of administrative-legal relations and demonstrates the characteristic of various approaches of scholars, studying the problems of administrative law. The topicality of this issue is determined by the importance of the legal institution under consideration, since the mobility of administrative-legal relations determines their numerical composition, that allows speaking about a more comprehensive study and search for the new scientific approaches to the classification of these relations, developed by the administrative law science, which hasn’t been studied sufficiently enough. The research object is social relations, regulated by the administrative law science; the research subject includes the theoretical approach to the definition of classifications of social-legal relations. Based on the provisions of the general dialectical method of cognition and the system, structural-functional, scientific-analytical methods and comparative analysis, the author offers her own vision of the new classificatory features of administrative and legal relations from the position of the scientific character, analysis, comparison and logic. The author introduces the new type of administrative-legal relations, based on the behavioral factor of a participant of relations (objective and subjective legal relations), conditioned by legal and illegal actions: legal actions include objective legal relations, illegal actions include subjective legal relations.
Keywords:
subjective legal relations, objective legal relations, illegal behavior, legal behavior, scholars in the field of administrative law, multiplicity, classification, type, administrative-legal relations, administrative law
Theory and science of administrative and municipal law
Reference:
Novgorodov D.A.
Delictological characteristic of administrative offences, committed via the Internet, and their subjects
// Administrative and municipal law.
2016. ¹ 12.
P. 957-963.
URL: https://en.nbpublish.com/library_read_article.php?id=68519
Abstract:
The research subject includes the causes and conditions of commission of administrative offences via the Internet, the practice of administrative norms implementation for the detection and elimination of causes and conditions of administrative offences commission. The research object is social relations in the sphere of prevention of administrative offences on the Internet. Special attention is given to the characteristic of the subjects of administrative offences, their age, gender, social status and motives, which are studied on the base of the analysis of judicial practice of the Russian Federation on administrative offences, committed via the Internet. The research methodology is based on the set of general scientific and special methods of cognition (historical, comparative, statistical, empirical, analytical, system methods, analysis and synthesis). The scientific novelty of the study consists in the fact that this is the first delictological study of administrative offences, committed via the Internet, containing the characteristic of their subjects. The author comes to the conclusion that to eliminate the causes of administrative offences, it is necessary to assume the set of measures for the improvement of the state policy aimed at the prevention of offences committed via the Internet.
Keywords:
judicial practice, analysis, statistics, prevention, administrative offence, Internet, characteristic, delictology, personality, offender
Executive authorities and the civil society
Reference:
Trunina E.V.
On the improvement of the order of citizens’ appeals consideration by customs agencies of the Russian Federation
// Administrative and municipal law.
2016. ¹ 12.
P. 964-968.
URL: https://en.nbpublish.com/library_read_article.php?id=68520
Abstract:
The research subject is the order and the problems of consideration of citizens’ appeals by customs agencies of the Russian Federation. Special attention is given to the analysis of the Procedure of work with citizens’ appeals in the Federal Customs Service of Russia and customs agencies, established by the decree of the Federal Customs Service of 30 June 2014 No 1240. The author notes that the provisions of the Procedure and the law enforcement practice prove the need for its revision. The author outlines the following directions of improvement of work with citizens’ appeals: specification of the scope of the Procedure; specification and clarification of the terms of implementation of administrative procedures with citizens’ appeals; regulation and specification of administrative procedures and administrative actions of customs agencies (their officials) in their work with citizens’ appeals. The research methodology is based on the modern scientific methods, including the method of observation, logical synthesis and analysis, the system method, normative-logical analysis and the method of comparative jurisprudence. The author also applies sociological methods, statistical methods and the method of expert assessment. The author concludes about the absence of clarity and completeness of the legal regulation of the procedure of consideration of citizens’ appeals by customs agencies and about the necessity to revise the current departmental statutory act. The author describes the priority directions in this sphere.
Keywords:
decision, period, reply, administrative procedure, consideration, official, citizen, complaint, appeal, customs agency
Public and municipal service and the citizen
Reference:
Kuyanova A.V.
Legal features of a public servant in the Russian Federation
// Administrative and municipal law.
2016. ¹ 12.
P. 969-973.
URL: https://en.nbpublish.com/library_read_article.php?id=68521
Abstract:
The research subject includes the legislative provisions about public service in the Russian Federation and the juridical literature, defining the legal features of a public servant in the Russian Federation. The research object is social relations, emerging in the process of public service in the Russian Federation, aimed at defining the set of legal features of a public servant in the Russian Federation. The author considers such features of a public servant as: 1) Russian citizenship; 2) 18 years of age; 3) command of the Russian language; 4) compliance with the requirements of the public service position; 5) possession of the notice of assignment to a public service position and the work contract; 6) carrying out of activities according to the service instructions; 7) financial allowance, paid from the federal or the local budget.
The research methodology includes the technical and juridical method of commenting, scientific systematization and doctrinal interpretation of legal norms using formal logic. The author applies general philosophical, theoretical and empirical methods. The author concludes that the legislative consolidation of the term “public servant” doesn’t detail its content, since it doesn’t allow for all features, typical for a public servant in the Russian Federation. The author’s contribution consists in the definition of typical legal features of a public servant in the Russian Federation and their thorough analysis, based on the provisions of Russian and foreign legislation.
Keywords:
financial allowance, service instructions, work contract, assignment to a position, compliance with competence requirements, command of the official language, citizenship, age, legal features of a public servant, public servant
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Alkhutova E.Yu.
Topical issues of prosecutor’s supervision over entrepreneurs’ rights observance during municipal land control
// Administrative and municipal law.
2016. ¹ 12.
P. 974-978.
URL: https://en.nbpublish.com/library_read_article.php?id=68522
Abstract:
The article considers the issues of normative regulation of municipal land control; the author reveals the contradictions of federal and regional legislation. The imperfection of federal legislation gives rise to the variety of ways of legal regulation both on regional and municipal levels. Consequently, the authority to carry out municipal land control can be given to local, municipal and village officials. Thus, legal grounds of control authorities of these bodies have their own specificities. Therefore, there exist certain peculiarities of organization and implementation of prosecutor’s supervision over the observance of laws on the protection of entrepreneurs’ rights by municipal supervisory bodies. The research methodology is based on the general scientific dialectical method; the author applies the system-structural and logical analysis, studies the results of practical work. The analysis of the published works shows that the issues of prosecutor’s supervision over the observance of entrepreneurs’ rights by municipal supervisory bodies with account of the peculiarities of the changes of the legislative regulation haven’t been considered so far. The author concludes about the necessity to resolve the detected contradictions on the legislative level. In the context of the current statutory instruments, the subject of prosecutor’s supervision should include the issues of legality of local bodies endowing with supervisory authorities, thus predetermining the peculiarities of prosecutor’s supervision organization and implementation.
Keywords:
economic agent, land control, contradictions in legislation, authorities, supervision subject, supervision organization, municipal control, prosecutor
Administrative enforcement
Reference:
Polukarov A.V.
Administrative and jurisdictional means of the struggle against corruption and the problems of their implementation in the social sphere
// Administrative and municipal law.
2016. ¹ 12.
P. 979-986.
URL: https://en.nbpublish.com/library_read_article.php?id=68523
Abstract:
The article considers the problem of realization of administrative and jurisdictional means of the struggle against corruption in the social sphere. This problem if conditioned by legal and organizational issues, connected with the implementation of anti-corruption legislation in the social relations system. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests to improve anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.
Keywords:
punishment, social, mean, responsibility, implementation, corruption, jurisdiction, problem, quality, law
Liability in administrative and municipal law
Reference:
Korepina A.V.
Legal mechanisms of mitigation of administrative responsibility for anticompetitive agreements
// Administrative and municipal law.
2016. ¹ 12.
P. 987-994.
URL: https://en.nbpublish.com/library_read_article.php?id=68524
Abstract:
The general tendency of the punitive policy formation in administrative responsibility legislation has influenced all the spheres of public management. The most serious administrative sanctions are established in the antimonopoly sphere, particularly for anticompetitive agreements. The Administrative Offences Code of the Russian Federation doesn’t differentiate them according to business entities, and it has a negative impact on the development of small and medium entrepreneurship in the Russian Federation. The author analyzes the introduced general and specific legal mechanisms of humanization of administrative responsibility and the problems of their practical realization. The research subject includes administrative norms regulating social relations in the sphere of imposition and implementation of administrative responsibility for anticompetitive agreements and realization of legal mechanisms of mitigation of legal responsibility and release from responsibility. The research object includes the article 14.32 of the Administrative Offences Code of the Russian Federation and the articles, establishing general and special legal instruments of mitigation of responsibility and release from responsibility for anticompetitive agreements, the judicial practice in the sphere of application of the Code’s provisions, related to the imposition and mitigation of administrative responsibility for anticompetitive agreements. The article is based on general scientific (analysis, synthesis, the system-structural, formal-logical and other methods) and special scientific methods of cognition (logical and legal, comparative-legal the method of legal hermeneutics (interpretation) and descriptive method). The author comes to the following conclusions:
- The influence of the general tendency of administrative-punitive state policy is observed in the sphere of imposition of administrative responsibility for anticompetitive agreements;
- The administrative sanctions for anticompetitive agreements, provided by the article 14.32. of the Administrative Offences Code of the Russian Federation, are very serious; the Administrative Offences Code doesn’t differentiate them according to business entities and it has a negative impact on the development of small and medium entrepreneurship in the Russian Federation;
- The legislation provides for general and specific mechanisms, aimed at the mitigation of administrative responsibility and release from it for anticompetitive agreements, but the practical implementation of some of them is quite problematic;
- The introduction of more flexible criteria, helping take into account the property and financial status of various business entities, brought to administrative responsibility, seems to be reasonable;
- In order to improve the legislation in this sphere and provide the uniformity of application of juridical terminology, the author proposes to insert the term “cartel” not only in the comment, but also in the disposition of the article 14.32. of the Administrative Offences Code; to differentiate the volume of sanctions depending on the category of business entities.
Keywords:
differentiation of sanctions, legal mechanisms, administrative offence, humanization, administrative responsibility, anticompetitive agreement, cartel, judicial practice, competition, economic security
Liability in administrative and municipal law
Reference:
Dvortsov V.E.
Administrative responsibility of a cadastral engineer: the correlation of legislation and judicial practice
// Administrative and municipal law.
2016. ¹ 12.
P. 995-1001.
URL: https://en.nbpublish.com/library_read_article.php?id=68525
Abstract:
The research object is the phenomenon of administrative responsibility of a cadastral engineer for plotting of the knowingly false information on a delimitation or technical plan, or its inclusion in the inspection report, land delimitation project or a survey map, or for the forgery of records, which these documents are based on, on condition that these actions don’t contain a criminal offence. This phenomenon is rather disputable in legal science and practice. The research subject is administrative responsibility of a cadastral engineer for the abovementioned deeds and the judicial practice of its implementation. The research methodology is based on the analytical, comparative and system methods of scientific cognition. The study is based on the fundamental statutory acts of contemporary Russia and judicial practice. This research is the first and the only complex study of the responsibility of a cadastral engineer, considering the recent changes of administrative legislation and judicial practice. The topicality of the problem is determined by the fact that the lawsuits against the offences of a cadastral engineer face difficulties in the judicial practice due to the blanket character of the part 4, article 14.45. of the Administrative Offences Code of the Russian Federation, providing administrative responsibility for such actions. The author assesses the effectiveness of the established administrative responsibility of cadastral engineers, analyzes the mistakes of its enforcement and offers the ways to manage the situation.
Keywords:
Real estate, Knowingly false information, Cadastral engineer, Cadastral activities, Judicial practice, Administrative Offences Code, Administrative Responsibility, Forgery of documents, Punishment, Damage
Management law
Reference:
Zhurenko V.V.
Administrative and legal status of housing inspections
// Administrative and municipal law.
2016. ¹ 12.
P. 1002-1009.
URL: https://en.nbpublish.com/library_read_article.php?id=68526
Abstract:
The research subject is administrative and legal relations of state housing inspections. The research object is administrative and legal status of state housing inspections. The author defines the key tasks of housing inspections and notes the problems in their implementation. The author analyzes the legal novels in the sphere of housing supervision, particularly in relation to the problems of change of the title and the status of State housing inspections, using the example of Leningrad region. Special attention is given to the problem of housing supervision and control which are allotted to housing inspections. The author notes the fact that the housing control function of housing inspections was introduced by the article 20 of the Housing Code of the Russian Federation. The article considers particular issues of the peculiarities of supervision, carried out by state housing inspections in the sphere of housing maintenance and utilities. The author reveals the main problems and disputable points, arising in administrative and jurisdictional activities of the housing sphere agencies in Russia. Besides, the author analyzes administrative offences in the sphere of housing services. The research methodology is based on the scientific works of Russian lawyers, particularly, scientific publications, directly or indirectly connected with the issues of administrative and legal status of state housing inspections in Russia. The author applies the system analysis and the logical approach. The author concludes about the necessity to optimize the legislation about state housing inspections, delimitation and regulation of their actions. Among other matters, it its necessary to take into account the absence of the conceptual framework which can lead to the ambiguous understanding (voluminous interpretation) of terms (provisions), related to the legal status of state housing inspections. In the author’s opinion, at present, along with active lawmaking in this direction, it is necessary to strengthen the scientific potential of studies (including dissertational ones) of the range of theoretical provisions in the sphere of legal regulation of state housing inspections, especially related to the issues of differentiating the terms and clarifying the legal status of inspections and state housing control agencies. The author’s contribution in the development of the issue is the definition of various approaches to the model of state housing inspections’ legal status regulation.
Keywords:
control functions, housing maintenance and utilities, executive body, housing, court, public utilities, population, inspector, supervision, housing accomodation
Management law
Reference:
Bratanovskiy S.N., Lisitskaya A.V.
Administrative organization of the state system of motor vehicles management in Russia
// Administrative and municipal law.
2016. ¹ 12.
P. 1010-1018.
URL: https://en.nbpublish.com/library_read_article.php?id=68527
Abstract:
The research subject is statutory instruments, regulating the relations in the sphere of administrative regulation of motor vehicles management in Russia. The authors consider the following problems: the presence and the level of legal support of organization and activities of motor vehicles in Russia; the objectives of motor vehicles management system; the necessity to plan and coordinate the activity of transport organizations. Special attention is paid to the study of legal gaps and collisions, to bringing the proposals about their elimination on the base of the analysis of scientific works of the leading specialists in the sphere of legal regulation of motor vehicles. The research methodology is based on the modern achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of sociological studies (statistical, expert assessments, etc.). The authors conclude that in order to achieve the high level of effectiveness of motor vehicles management in Russia, it is necessary to develop the set of statutory instruments, taking into account the specific peculiarities of this mode of transport. This process can be concluded with the development of the Code of motor transport of the Russian Federation. The scientific novelty of the work consists in the complex study of administrative aspects of motor vehicles state management.
Keywords:
planning, gaps, code, legislation, regulation, management, system, motor vehicles, coordination, improvement
Administrative law, municipal law and human rights
Reference:
Moshkina N.A.
The role of local government bodies in the protection of human rights and freedoms
// Administrative and municipal law.
2016. ¹ 12.
P. 1019-1025.
URL: https://en.nbpublish.com/library_read_article.php?id=68528
Abstract:
The research subject is the provisions of municipal legislation of the federal, regional and local levels, regulating the activities of local government bodies, aimed at the protection of human rights and freedoms. The author studies the work of local government bodies in the sphere of the protection of human rights and freedoms, performed with the help of specific methods, procedures and means. Special conditions are created on the local level, necessary for the implementation of constitutional rights and freedoms of citizens. It helps the population of the municipal entity solve local problems independently. The article analyzes the authorities of local government bodies in the implementation and protection of rights and freedoms of citizens, and their rights and responsibilities in this sphere. The research methodology includes general scientific and specific methods, including analysis, the deductive, logical and formal-legal methods. The scientific novelty consists in the consideration of local government bodies as the subjects, protecting rights and freedoms of citizens. The author concludes about the socially important character of activities of local government bodies, aimed at the protection of citizens’ rights and freedoms. The author substantiates the necessity to include local government bodies in the system of agencies, protecting human rights and freedoms, enshrined in the article 2 of the Constitution of the Russian Federation.
Keywords:
democracy, municipal entity, local problems, municipal control, territorial public self-government, human rights protection, local government bodies, local government, human rights