Administrative and municipal law: business, economy, finance
Reference:
Saidov Z.A.
State economy as an object of administrative pressure
// Administrative and municipal law.
2016. ¹ 3.
P. 192-200.
URL: https://en.nbpublish.com/library_read_article.php?id=67515
Abstract:
The research subject is the range of legal and organizational problems of administrative regulation of state economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative regulation of public sector of the economy. The paper demonstrates the author’s positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative pressure on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (forma logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of administrative pressure on the public sector of the economy. The author claims that it is necessary to develop administrative regulation of the state economy. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of the economy and about the provision of legal and organizational guarantees of legality in the Russian economy.
Keywords:
economy, object, regulation, status, subject, state, pressure, authority, safety, budget, economy, object, regulation status, the state, the subject, impact, power, safety, budget
Administrative law, municipal law and security
Reference:
Akopdzhanova M.O.
Legal protection of road traffic safety
// Administrative and municipal law.
2016. ¹ 3.
P. 201-206.
URL: https://en.nbpublish.com/library_read_article.php?id=67516
Abstract:
The research subject is the study of the peculiarities of application of the current Russian legislation, which ensures legal protection of road traffic safety by means of legal consolidation of rights and responsibilities of road users, and the responsibilities for their violation. The author pays attention to the peculiarities of regulation of this system of social relations by subordinate regulatory acts; to the judicial practice of application of the current Russian legislation about road traffic safety ensuring, judicial interpretation, explanations of the highest judicial bodies, allowing unifying the practice of solution of cases, providing the most effective protection of rights and freedoms of citizens and legal interests of the society and the state. The research methodology comprises the set of general scientific and specific methods, including the methods of analysis, synthesis, systematization and generalization, and the formal logical method. The author defines the peculiarities of application of the current civil, administrative and criminal legislation, containing legal provisions about ensuring the observance of rules of road traffic safety, imposition of liability for their violation. The results of the research can be used by law enforcement authorities, students, postgraduates, and all interested in the problems of jurisprudence.
Keywords:
law, judicial practice, rules of the road, law enforcement activity, human rights, state, society, legal interests, protection of rights, crime prevention, law, court practice, the rules of the road, enforcement, human rights, state, society, legitimate interests, rights protection, fighting crime
Administrative law, municipal law and security
Reference:
Kalinina L.E.
Institutional improvement of safety in the system of administrative law
// Administrative and municipal law.
2016. ¹ 3.
P. 207-210.
URL: https://en.nbpublish.com/library_read_article.php?id=67517
Abstract:
The research subject is safety as an institution of administrative law, and its improvement. The author examines institutional peculiarities, which should be taken into account in the process of changing the legislation and theoretical research. Special attention should be paid to the conceptual grounds, otherwise the safety norms will be useless for the protection of the society, the state and the person. The author pays attention to the problem of combination and substitution of terms, which hampers the creation of a harmonious safety system, since the term always needs to be explained. The article considers the threats, whose transformation should also be reflected in the legislation, and the change of methods of their elimination. The research methodology is based on general scientific methods (deduction, induction, analysis, synthesis) and specific methods (historical and legal, legal-dogmatic, logical, system analysis, and the method of analysis of normative provisions). The author studies the foreign experience in solving such problems. The author concludes that it is necessary to change the concept of safety, embedded in legal regulation; to create the safety system with the definition of the conceptual framework and such concepts as legal condition (safety) and legal relation (safety provision); to legislate the system threats, and to change the approaches to implementing legal regulations.
Keywords:
administrative law, administrative law institution, national safety, state management, change of legislation, analysis of legislation, concept of safety, security threats, legal regulation, food security, ADMINISTRATIVE LAW, INSTITUTE OF ADMINISTRATIVE LAW, NATIONAL SECURITY, PUBLIC ADMINISTRATION, legislative change, ANALYSIS OF LEGISLATION, security concept, security threat, LEGAL REGULATION, FOOD SECURITY
Administrative enforcement
Reference:
Mironov A.N., Amirov I.M., Chembarisov T.I.
Legal coercion in the sphere of sports
// Administrative and municipal law.
2016. ¹ 3.
P. 211-217.
URL: https://en.nbpublish.com/library_read_article.php?id=67518
Abstract:
The research subject is the range of public relations in the sphere of sports; the research object is the possibility of consideration of coercive measures in this sphere as legal ones. The authors analyze the legality of coercive measures in the sphere of sports and their regulation by various types of statutory instruments. The authors describe possible variants of classification of coercive measures in the sphere of sports and their types. The authors suggest distinguishing legal coercion in the sphere of sports along with administrative, criminal, and others. The authors apply the dialectical method and the modern methods of scientific cognition. The novelty of the research lies not only in the description of the existing measures of legal coercion in the sphere of sports, but also in the suggestions about possible amendments to the legislation of the Russian Federation in the sphere of sports. The authors note the scale of legal regulation of legal coercion in the sphere of sports and the absence of concrete procedures of their application on the legislative level.
Keywords:
sports, coercion, sport sanction, measures of coercion, regulation, violation of rules, rules of sports, disqualification, dope, sports federation, sports, coercion, sporting sanction, regulation, violation of the rules, the rules of sports, disqualification, doping, sports Federation
Administrative enforcement
Reference:
Safonenkov P.N.
On the issue of classification of administrative enforcement measures applied by customs authorities
// Administrative and municipal law.
2016. ¹ 3.
P. 218-222.
URL: https://en.nbpublish.com/library_read_article.php?id=67519
Abstract:
The research subject is the system of administrative enforcement measures applied by the officials of customs authorities, and the legal provisions of administrative enforcement in the sphere of customs legal relations. The author describes various types of administrative enforcement, and their classifications, proposed by the researchers, and explains the criteria of classification. Taking into account the specificity of customs authorities, the author proposes his own variant of, in his opinion, a more comprehensive, structured, logically verified and scientifically grounded classification of administrative coercive measures applied by customs authorities. The research methodology is based on the set of general scientific and specific methods of cognition (technical, analytical, logical, system, etc.). The author marks out the approach of A.V. Surgutkovskaya to the grounds of classification of administrative coercive measures, agrees with them and with the conclusion that the understanding of the essence of administrative enforcement in the cases of violation of customs rules, and its differentiation from other forms of administrative enforcement attaches practical value to the classification of administrative enforcement measures in the sphere of customs legal relations.
Keywords:
administrative enforcement, criteria, grounds, classification, customs authorities, measures, procedure, suppression, punishment, liability, administrative enforcement, criteria, justification, classification, customs authorities, measures, ensuring the production, suppression, punishment, responsibility
Liability in administrative and municipal law
Reference:
Trofimova G.A.
Constitutional responsibility of local government bodies and officials: problems of theory and legal regulation
// Administrative and municipal law.
2016. ¹ 3.
P. 223-233.
URL: https://en.nbpublish.com/library_read_article.php?id=67520
Abstract:
Local government bodies and officials are the lower tiers within the state system; their responsibility for their activities is a direct and real guarantee of a proper performance of obligations. Constitutional responsibility is one of the forms of responsibility which can be applied to these subjects. Both the level of independence of local governments, and the possibility of imposition of liability on local government bodies and officials depend on the legal regulation of this form of responsibility. The research is aimed at the analysis of the general provisions of constitutional responsibility of local government bodies and officials. The author applies general scientific and specific legal methods of cognition, including the logical, technical, comparative, and system methods. The author defines the correlation of the concepts “responsibility of local government bodies and officials”, “municipal legal liability”, and “constitutional responsibility”; reveals the problems of defining the content of constitutional offence and considering particular measures as the measures of constitutional responsibility; creates the model of a reasonable differentiation of forms of responsibility within the system of local government.
Keywords:
constitutional responsibility, responsibility of authorities, responsibility of officials, chief of a municipal unit, responsibility of a representative body, municipal legal responsibility, dismissal, responsibility to the citizens, responsibility to the state, independence of local government, constitutional responsibility, responsibility of the authorities, responsibility of officials, the head of the municipality, responsibility of the representative body, municipal liability, dismissal resigned, responsibility to the people, responsibility to the state, local government autonomy
Management law
Reference:
Kurakin A.V., Polukarov A.V., Smirnova V.V., Milievskaya E.B.
Legal regulation of public-private partnership in the sphere of public health
// Administrative and municipal law.
2016. ¹ 3.
P. 234-247.
URL: https://en.nbpublish.com/library_read_article.php?id=67521
Abstract:
The article considers legal and organizational issues of applying the mechanisms of public-private partnership in the sphere of public health in the light of the new federal law No 224. The authors analyze the latest amendments to statutory instruments regulating public-private interrelations in the Russian Federation. The analysis of bibliography on the issue reveals the main problems of application and directions of development of public-private partnership in the sphere of public health. The main attention is paid to the development of methods and methodology of legal regulation of public-private partnership in the sphere of public health. The authors analyze the concepts of development of law and medicine in the modern conditions. 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 used in specific sociological research (statistical, expert assessments, etc.). The authors conclude that at present, in order to develop public-private partnership in the sphere of public health, it is necessary to improve forms and methods of its application. The authors also claim that it is necessary to develop public-private partnership in the sphere of public health. The novelty of the study lies in the proposals about the development of forms and methods of public-private partnership in the sphere of public health and the establishment of legal and organizational guarantees of law and order in this sphere.
Keywords:
state, concession, medical aid, municipal-private partnership, public-private partnership, public health, law, medicine, aid, health
Administrative process and procedure
Reference:
Bombitskiy A.M.
Administrative procedure and its regulation in the sphere of internal affairs
// Administrative and municipal law.
2016. ¹ 3.
P. 248-252.
URL: https://en.nbpublish.com/library_read_article.php?id=67522
Abstract:
The research subject is the range of legal and organizational problems of administrative regulation of the procedure executed in the sphere of internal affairs. The author analyzes the concepts of legal regulation of procedural activities within the system of the Ministry of Internal Affairs of the Russian Federation. The paper presents the author’s positions on the category “administrative procedure”. The main attention is paid to the development of methods and methodology of administrative regulation of positive relations in the sphere of internal affairs. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal-logical), and the methods of specific sociological research (statistical, expert assessment, etc.). The author comes to the conclusion that at present, in order to ensure law and order in the sphere of internal affairs, it is necessary to improve forms and methods of administrative regulation of procedural activities. The author claims that it is necessary to develop administrative regulation in the sphere of internal affairs. The novelty of the research lies in the proposals to develop forms and methods of administrative regulation in the sphere of internal affairs and to provide for legal and organizational guarantees of legality in the sphere of internal affairs.
Keywords:
procedure, scheme, process, Ministry of Internal Affairs, internal affairs bodies, police, sevice, regulation, employee, improvement, regulations, procedure, the process, MIA, ATS, police, service, regulation, employee, improvement
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Ostroushko A.V.
Application of classifiers in executive authorities management
// Administrative and municipal law.
2016. ¹ 3.
P. 253-258.
URL: https://en.nbpublish.com/library_read_article.php?id=67523
Abstract:
The article is prepared within the scientific research work “Improvement of legal regulation of information relations in the executive authorities system”. The research focuses on the improvement of the contemporary administrative and information legislation, the development of scientifically grounded proposals aimed at legal regulation of systematization and codification of functions and responsibilities within the system the executive authorities in the context of the developing information society. The author analyzes the existing systematization of functions and responsibilities within the system of executive authorities for the purpose of optimization of state (local) administration in related spheres, and improvement of the procedures of interaction between state, physical and legal entities; reveals the advantages and shortcomings of classifiers application in the sphere of management according to the parameters of the system of executive authorities, functions of executive authorities, classifiers, registers and standards of documenting managerial information in terms of the resources of information technologies. The main research methods are analysis and synthesis. The author also applies the general scientific method, the comparative-legal method and the system approach. The author concludes that in the context of the information state and interdepartmental interaction, separate application of various classifiers is insufficient, therefore they should be created in the electronic form, since the paper form of registration of complicated relativistic connections is inconvenient and unclear; they should have matrixes of interrelations and correspondence of classifiers. Eventually, it is planned to create a single mechanism and a system of management for all information resources, which will provide the correspondence of data about particular objects or subjects of legal relations and their provision in the necessary volume.
Keywords:
information relations, executive authority, classification, administrative reform, quality of management, list, register, information state, interdepartmental interaction, standardization of managerial information, information relations, executive, classification, administrative reform, quality of management, registry, register, interagency cooperation, standardization management information
Administrative law, municipal law and other branches of law
Reference:
Prudnikova I.V.
Information support for anti-trafficking in persons
// Administrative and municipal law.
2016. ¹ 3.
P. 259-263.
URL: https://en.nbpublish.com/library_read_article.php?id=67524
Abstract:
The article studies the concept of information, and information support for anti-trafficking in persons. The author concludes that:1) Information in the sphere of domestic affairs includes the collected, processed, and analyzed statistical, operational, and other data characterizing operational environment, increasing the level of uncertainty, and considered to be useful for making a decision promoting the implementation of particular tasks.2) Information support for anti-trafficking in persons is a specific form of activity aimed at creating the system of sources of information, specifying its field of application, time period, direction, and method of evaluating its relevance, validity, sufficiency, and timeliness, in order to use it for the effective solution of the tasks of revelation, prevention, and detection of crimes connected with trafficking in persons. The author applies the dialectical method of cognition, the scientific analysis, the analysis of documents, the technical and sociological methods. The author concludes that the drawbacks of information support can be considered among the reasons for increase in crime in general and trafficking in persons in particular. The author proposes her own understanding of the concept of information and information support, which reflects the specificity of anti-trafficking in persons.
Keywords:
operational environment, information, evaluation of information, information support, anti-trafficking in persons, investigative activities, internal affairs bodies, System of sources of information, information requirements, operative information
Administrative law, municipal law and the issues of culture
Reference:
Bystrova O.A.
Administrative regulation of exhibition activities of museums in the Russian Federation
// Administrative and municipal law.
2016. ¹ 3.
P. 264-269.
URL: https://en.nbpublish.com/library_read_article.php?id=67525
Abstract:
The research subject includes the administrative grounds of exhibition activities regulation. The article analyzes the main international and Russian statutory instruments regulating the process of transfer of cultural values. The author considers the rules of transfer of museum items for organizing exhibitions in Russian and foreign museums, including the procedure of preparing a petition about museum items transfer, expertise, insuring museum items and collections, and their transportation. The study focuses on the issues of safety of museum items and collections which are exposed abroad, and the rules of their return to the Russian Federation. The author applies general scientific theoretical methods: system, dialectical, logical, and specific legal methods, including the complex method, the comparative-legal method, analysis and synthesis. To study the legislation, the author applies the method of lexical and grammatical analysis. The novelty of the research lies in the complex consideration of the administrative grounds of exhibition activities. The author studies the procedure of transfer of museum items, the problems of their safety provision and return, and offers the measures of improving the current procedure of coordination.
Keywords:
culture, museum, museum item, museum collection, exhibition, transfer of cultural values, expertise of cultural values, cultural values insuring, cultural values transportation, Ministry of Culture
Administrative law, municipal law and the issues of education
Reference:
Sizov I.Yu., Vasilenko G.N.
Declaring as a part of a positive jurisdictional institutional administrative procedure school
// Administrative and municipal law.
2016. ¹ 3.
P. 270-272.
URL: https://en.nbpublish.com/library_read_article.php?id=67526
Abstract:
Institutional approach in the study of administrative law annually requires particular novations due to the changes in the legislation and appearance of new research subjects. The authors of the article attempt to convince the colleagues of the necessity to consider the problem of including the institution of declaring in the course of administrative law. Declaring as an administrative institution had been forming in Russia sequentially during a long period of time, but has experienced qualitative changes only recently. Today it may safely be said that the institution of declaring has finally overcome the limits of the common intersectoral institution of tax and customs law, has acquired the qualities and features characterizing it as an independent administrative-legal institution. In the context of intensive development and updating of the legal matter of administrative law, the new forms and methods of legal research appear, certain administrative-legal institutions transform, thus acquiring a new role in the system of institutions of administrative law. Administrative legal institution of declaring is a set of administrative legal provisions, regulating social relations, appearing after informing of the authorities by physical and legal persons, in accordance with the procedure established by law, about their incomes, the incomes of third parties, about the correspondence of funds, possessions, and other material objects, belonging to them, or goods or services, produced by them, to the regulatory qualitative or (and) quantitative indexes, for the purpose of the intraeconomic and state control (supervision) in the fields of activity, defined by administrative legislation.
Keywords:
declaring, institutional approach, administrative law, changes of legislation, informing, incomes, state control, features, diversity of objects, subject, method, declaration, institutional approach, administrative law, legislative change, notification, incomes, state control, signs, a variety of objects, object, method