Executive authorities and the civil society
Reference:
Shcherbakov O.N.
Particular aspects of participation of citizens in public order protection
// Administrative and municipal law.
2016. ¹ 5.
P. 382-386.
URL: https://en.nbpublish.com/library_read_article.php?id=67695
Abstract:
The research subject includes the statutory instruments and law enforcement practice regulating the participation of citizens in public order protection. The research object is the range of public relations emerging in the process of participation of citizens in public order protection. The author considers such aspects of the topic as measures of coercion application by the citizens participating in public order protection, particularly the conveyance and detention of an offender. Special attention is paid to the aspects of people’s guards training in various spheres of their activity including use of force and first aid dressing. The research methodology is based on the dialectical method of cognition. The author applies sociological, statistical, formal-logical, comparative legal methods and the method of comparative analysis. The conclusions are as follows:
- It is necessary to consider the possibility of use such measures of coercion as conveyance and detention of an offender by people’s guards;
- It is necessary to correct the aspects of people’s guards training in the main spheres of their activity including use of force and first aid dressing;
- It is necessary to provide the possibility of legal protection of citizens participating in public order protection;
- It is necessary to study the need for the inclusion of a prohibition of suppression of facts about the planned or committed crimes and administrative offences by the citizens participating in public order protection into the list of elements of their administrative and legal status.
The paper contains a comprehensive analysis of theoretical and legal aspects of participation of citizens in public order protection.
Keywords:
incentives system, non-regular police employees, public order protection, use of force, first aid, authoritative powers, measures of coercion, police, public safety
Administrative law, municipal law and security
Reference:
Saidov Z.A.
Problems of administrative and legal regulation of safety provision in the public sector of the economy
// Administrative and municipal law.
2016. ¹ 5.
P. 387-393.
URL: https://en.nbpublish.com/library_read_article.php?id=67696
Abstract:
The research subject is the range of legal and organizational problems of administrative regulation of economic safety. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety provision. The paper demonstrates the author’s positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations’ safety. The author analyzes the concepts of development of law and economics in the recent conditions. The paper describes the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the recent achievements in epistemology. The author applies 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 specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative legal regulation of its safety. The author states the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of the Russian economy.
Keywords:
safety, sector, state, regulation, corruption, support, solution, strategy, problem, economy
Administrative law, municipal law and security
Reference:
Simakov A.A.
The activities of border authorities of the Federal Security Service of the Russian Federation in protection of foreign states’ borders
// Administrative and municipal law.
2016. ¹ 5.
P. 394-401.
URL: https://en.nbpublish.com/library_read_article.php?id=67697
Abstract:
The research subject is the activity of border authorities of the Federal Security Service of the Russian Federation in protection of the borders of foreign states. The author analyzes legal regulation of the activities of border authorities and officials of the Federal Security Service of the Russian Federation from the position of administrative-legal regulation. The paper presents the author’s positions on the authorities of the officials of the Federal Security Service’s border agencies in foreign states in the sphere of state borders protection, as long as this activity is regulated by the national legislation of these states. The author pays attention to the fact that the significant part of authorities of Russian border guards is not regulated at all, either by the national legislation or by international treaties. The research methodology comprises theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, observation, and modeling), and legal methods (formal logical). The author concludes that on the post-Soviet space a heterogeneous situation had developed in the sphere of state borders protection; the former USSR’s state borders protection priority was placed on the external borders of the CIS member-states apart from the Baltic states which started equipping the state border with the Russian Federation in the first instance. The need for the CIS’s external borders protection and the impossibility to perform this function on their own in the 1990s explains the presence of Russian border troops in foreign states. The author of the study analyzes the activities of border authorities and officials of the Federal Security Service of the Russian Federation in protection of borders of foreign states. The author substantiates the possibility to apply Russian legislation, including the administrative one, beyond the borders of the Russian Federation; the author defines the peculiarities of organizing and performing their work by the border authorities of the Federal Security Service of the Russian Federation for the protection of foreign states’ borders, as long as heterogeneous conditions had formed on the post-Soviet space.
Keywords:
state border, treaty, state, military unit, garrison headquarters, overland direction, security, authorities, operational group, border authorities
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Voenkova N.P.
Topical problems of regulatory and supervisory authorities unification
// Administrative and municipal law.
2016. ¹ 5.
P. 402-409.
URL: https://en.nbpublish.com/library_read_article.php?id=67698
Abstract:
The research subject is the range of legal and organizational problems of administrative and legal regulation of the work of regulatory and supervisory authorities. The paper considers the current situation of unification of federal and local executive authority bodies. The author considers the main reasons for unification of the two regulatory and supervisory agencies – the Federal Antimonopoly Service and the Federal Tariffs Service, and the problems which can appear in practice in the process of their unification. The paper studies the problems which regional supervisory authorities can face when organizing routine inspection beginning from 2016 after the unification of particular executive authority bodies in the territorial subjects of the Russian Federation into a single state body. The research methodology comprises the recent achievements in epistemology. The author applies general scientific methods, including the system method, analysis, synthesis, analogy, observation, modeling, and comparison, which help to reveal the main development tendencies and patterns of the subject in question. The specific scientific methods, including the formal-logical, comparative-legal, and system-structural, help to reveal, describe, and reproduce the studied phenomena, and to compare them on order to reveal the similarities and differences. The author discusses the reasonability of transferring the responsibilities of the Federal Antimonopoly Service of the Russian Federation in the sphere of legal regulation to the Ministry of Economic Development. The author concludes about the necessity to unify regulatory and supervisory authorities of territorial subjects of the Russian Federation using the example of the General Regulatory Office of Khabarovsk region.
Keywords:
licensing supervision, normative and legal regulation, antimonopoly authority, antimonopoly regulation, public management, regional control (supervision), budget optimization, carrying out of inspections, organization of inspections, state control (supervision)
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Alekseev D.B.
Concept of state control development as a means of legality ensuring in public management
// Administrative and municipal law.
2016. ¹ 5.
P. 410-416.
URL: https://en.nbpublish.com/library_read_article.php?id=67699
Abstract:
The author considers the topical problems of the mechanism of state control activity improvement in modern Russia. The research object is state control as a means of legality ensuring in public management, its directions, forms and system. The author considers the problem of differentiation between control and supervision, and the scientific concept of the control branch of public authority. The purpose of the paper is to develop the main ideas of the concept of development of state control in the Russian Federation. The research methodology is based on general and special scientific research methods. The author applies the system analysis and the transition from abstract to concrete, the comparative-legal, technical, system-structural and other methods. The author develops an original concept of state control activity improvement in the Russian Federation, introduces the “information social and public control” concept into scientific use. In the author’s opinion, the main ideas of the concept of state control activity improvement on the recent stage of development should include: 1) the control branch of state power institutional isolating; 2) information society and information technologies involvement in the process if control activity; 3) adoption of a unified and officially recognized model (system) of state control activity; 4) adoption of special legislation formalizing the created system and eliminating the existing terminological inconsistencies; 5) personalization of the terminal control institutions, particularly by means of presidential control strengthening and creation of a service of government inspectors in the system of intersectorial control activity.
Keywords:
state control system, control authority, supervision, control, public management, legality, administrative supervision, state supervision, state control, state control activity
Administrative enforcement
Reference:
Safonenkov P.N.
The system of administrative coercion principles
// Administrative and municipal law.
2016. ¹ 5.
P. 417-422.
URL: https://en.nbpublish.com/library_read_article.php?id=67700
Abstract:
The research subject is the set of legal rules and scientific sources characterizing the principles of application of administrative coercion by competent agencies of public authority. The research object is the range of legal relations emerging in the process of application of administrative coercion by authorized persons. The author analyzes statutory instruments and scientific literature and briefly describes the principles which are or should be applied when using administrative coercion measures by public agencies in a rule-of-law state. The author pays attention to the system of such principles. The research methodology comprises the set of general scientific and special research methods (technical, analytical, logical, et.). The author concludes that the principles of administrative coercion include the general principles of administrative law, the principles of administrative process and administrative liability, and the special principles of imposition and application of measures of administrative coercion. In the author’s opinion, the implementation of some principles can cause particular problems.
Keywords:
principles, administrative procedure, administrative liability, legality, equality, objectivity, proportionality, application, imposition, administrative coercion
Management law
Reference:
Trofimova G.A.
Federal state agencies system of the Russian Federation
// Administrative and municipal law.
2016. ¹ 5.
P. 423-432.
URL: https://en.nbpublish.com/library_read_article.php?id=67701
Abstract:
There is a system of federal state agencies in the Russian Federation. According to the Constitution, some of them are formalized as the agencies of state power; the status of others is described mainly in laws without a clear position within the state agencies hierarchy. At the same time, it is necessary to clarify the correlation of the order of formation of a state agency, its function, authorities and responsibility for non-fulfillment. There should exist a particular system of formation and interaction of the agencies which are the basis of the state structure, the agencies which are responsible for maintaining their work, and the agencies complementing the execution of authoritative powers. Therefore it is necessary to create a logically structured system of state agencies. The author of the study applies general scientific and specific research methods including logical, technical, comparative, and system. The author outlines the following systems of federal state agencies formation: the system of agencies of state power, the system of supervisory state agencies, the system of auxiliary state agencies, the system of state agencies without autonomous authorities, the system of representative agencies, the system of bodies controlled by a definite branch of authority. The author outlines some drawbacks of the existing order of interaction between federal state agencies.
Keywords:
system of authorities, state agencies system, election commission, Russian Presidential Executive Office, Audit Chamber of the Russian Federation, Investigative Committee of the Russian Federation, Public Prosecution Office of the Russian Federatio, Commissioner, supervisory agencies, principle of separation of powers
Management law
Reference:
Voronin S.A.
Supervisory function of the Prosecution Service (theoretical aspect)
// Administrative and municipal law.
2016. ¹ 5.
P. 433-438.
URL: https://en.nbpublish.com/library_read_article.php?id=67702
Abstract:
The research subject is the supervisory function of the Russian Prosecution Service. The research object is the Prosecution Service of the Russian Federation. The author considers such aspects as the role and the function of prosecution agencies which help to implement the tasks and to achieve the objectives of the general prosecution agency. The author applies the method of historical and legal analysis to prove that the functions of the Prosecution Service have been forming gradually, together with the social relations formation. In terms of the fact that the Prosecution Service is, according to the law, a system of agencies, the effectiveness of its supervisory activities should also have a system character, i.e. it should be ensured by the productive structural and functional linkages of all elements of the prosecutor’s supervision system. The research methodology is based on the analysis of the current legislation in the sphere of prosecutor’s supervision via use of the retrospective historical and legal and doctrinal analysis. The author substantiates the modern understanding of the function of prosecutor’s supervision, reveals the development trends of the supervisory function of the Russian and the Soviet Prosecution Service, and concludes about the historical grounds of impracticality of its reduction. The novelty of the research consists in the introduction and explanation of the term “prosecutor’s supervision mechanism”; the author reveals the disputable and contradictory character of some provisions contained in the related literature. Special attention is paid to the issues of supervisory activity priorities. This problem is studied using the example of struggle against terrorism and supervision over the so-called resonant cases. The author advises eliminating such a definition from the law enforcement practice. The author concludes about the fragmentarity of particular elements of prosecutor’s supervision mechanism studying, about the topical and even opportunistic understanding of supervision, the stop-and-go style, especially in the new decrees of the Prosecutor General actualizing particular spheres and objects of supervision.
Keywords:
prosecution service, supervisory, function, object, supervision, mechanism, law, state functions
Administrative process and procedure
Reference:
Kalinin G.I.
The Administrative procedure code: some issues of law enforcement via administrative authorities
// Administrative and municipal law.
2016. ¹ 5.
P. 439-442.
URL: https://en.nbpublish.com/library_read_article.php?id=67703
Abstract:
The research subject is the range of issues of law enforcement activities of administrative and jurisdictional bodies in the context of adoption of the Administrative procedure code of the Russian Federation. The adoption of a new codified statutory instrument is an uncommon happening for the Russian law. But some practical matters are already appearing in the enforcement of this Code. The author considers such issues as the practice of conflict resolution between citizens and organizations, their legal nature, statistical analysis and judicial practice. The author applies such general scientific methods as dialectics, analysis, synthesis, deduction, induction. The author also applies specific scientific methods including comparative-legal, system-structural, and the system analysis. The author concludes that, despite the fact that the Code contains significant and interesting legal novels, the adopted Code hasn’t been completed. It doesn’t provide for the balance of public and private interests, and it is narrow. The Administrative procedure code needs a substantial enhancement.
Keywords:
scope of regulation, appeal, conflicts, private interests, public interests, balance of interests, act contestation, Administrative procedure code, administrative law, jurisprudence
Administrative process and procedure
Reference:
Agamagomedova S.A.
Internal control of the activities of customs bodies of the Russian Federation in the present context
// Administrative and municipal law.
2016. ¹ 5.
P. 443-448.
URL: https://en.nbpublish.com/library_read_article.php?id=67704
Abstract:
The research subject is internal control of the activities of customs bodies of the Russian Federation, its legal regulation, directions and time frame, and the comparative analysis of internal and customs control. The author pays attention to the correlation between customs and internal control as the forms of government control. The common element for the both forms of control is the subject of control represented by a customs body. At the same time, the objects of customs and internal control, their objectives and consequences are different. Moreover, the paper defines the notion of external control which should be applied together with the internal one. The research methodology is based on the analysis of the current customs legislation and the scientific literature in this field. The author applies historical and comparative-legal methods. The author formulates the provisions about the correlation between customs and internal control and the balance between them as a basis for ensuring legality in the work of customs bodies of the Russian Federation. The author outlines the common features and the peculiarities of customs and internal control and comes to the conclusion that the observance of rights of the participants of customs legal relations is possible given that the optimal balance between internal and external control of the activities of customs bodies is preserved.
Keywords:
control time frame, customs legislation, legality, subjects of control, objects of control, government control, external control, customs bodies, customs control, internal control
Administrative law, municipal law and human rights
Reference:
Kamilov M.A.
Stages of administrative and legal regulation of public events
// Administrative and municipal law.
2016. ¹ 5.
P. 449-453.
URL: https://en.nbpublish.com/library_read_article.php?id=67705
Abstract:
The research subject is historical development of the institution of public events and its identification as a form of mass events. The research object includes the statutory instruments of the Russian state regulating public events management. The author considers the historical period before the first Russian revolution, the period when the mass events understanding had formed. Special attention is paid to the criteria of differentiation of particular stages of administrative and legal regulation of public events. The author adduces two various classifications of stages depending on the criteria. The author applies general scientific methods of analysis and synthesis, logical, system-structural and comparative methods, and the methods of legal science. The author concludes that the right to organize public events has been developing gradually and evenly. The author describes differentiation of two types of classification of stages of public events administrative-legal regulation, which hasn’t been carried out so far.
Keywords:
participation, public events carrying out, public events organization, formation, mass crimes, administrative and legal regulation, stages, historical development, public events, mass events
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Amelin R.V.
On the legal status of users of government information systems
// Administrative and municipal law.
2016. ¹ 5.
P. 454-461.
URL: https://en.nbpublish.com/library_read_article.php?id=67706
Abstract:
The article deals with the legal status of users of government information systems as one of the main elements of the legal regime of such systems. The author analyzes the normative legal base regulating the relations concerning the information systems created on the basis of Federal laws with the aim of identifying "the best practices" and developing an optimal model of legal regulation. The author analyzes the gaps and inconsistencies in the current regulatory framework. The author applies general scientific and special methods including the dialectical method, the methods of formal logic, and the comparative method. The study proves that information in government information systems is a type of information about the activities of state bodies. This information is public a priori. The author shows the importance of formalizing the reasons for restricting the access to information in government information systems, and the importance of their compliance with the information kept in the register of Federal information systems. The author comes to the conclusion that the categories of users having access to confidential information, the composition of the provided information, the purpose of its use, and the method of access should be contained in statutory acts.
Keywords:
privacy, e-government, information systems register, public information, restricted access information, access to information, public authorities, information user, legal regime, government information systems
Administrative law, municipal law and other branches of law
Reference:
Krasnenkova E.V., Chechurina A.V.
On the issue of legal regulation of matrimonial relations in the Russian Federation
// Administrative and municipal law.
2016. ¹ 5.
P. 462-466.
URL: https://en.nbpublish.com/library_read_article.php?id=67707
Abstract:
The authors consider the problem of necessity to strengthen the institution of marriage and family. The authors analyze legal provisions related to the institution of divorcing, and define the measures which help to overcome negative tendencies in the sphere of marriage and family. The authors study the Russian legislation of different periods of its development concerning the institution of maternity and childhood protection and the institution of divorcing. In the authors’ opinion, it is necessary to apply the mediation procedure throughout Russia. The research methodology comprises the set of general and special scientific methods including system-structural, synthesis, analysis, technical, logical, and comparative-legal. For the purpose of maternity and childhood protection, the authors offer to prolong the term restricting the right of the spouse to make a demand for dissolution of marriage without the consent of another spouse; to increase the number of subjects and organizations involved in the mediation procedure (with or without mediators) in particular regions of the country.
Keywords:
conciliation period, spouses, restriction of right, divorcing, childhood, mediator, mediation procedure, marriage, maternity, family
Public service, municipal service and issues in the fight against corruption
Reference:
Polukarov A.V.
Corruption crimes in health care
// Administrative and municipal law.
2016. ¹ 5.
P. 467-473.
URL: https://en.nbpublish.com/library_read_article.php?id=67708
Abstract:
Corruption in health care is not limited to damaging legal activities of public authorities, local authorities, state and municipal organizations, state corporations, Armed Forces of the Russian Federation, other troops and military units of the Russian Federation, but influences directly the condition of observance of citizens’ rights for health protection and finally the preservation of life. The problem of corruption crimes in health care hasn’t been sufficiently covered in the scientific works. The research object of this paper is the range of social relations protecting legal activities in health care. The author considers the corruption crimes statistics, studies the examples of judicial and investigatory practice. The author forms the list of corruption crimes in health care. The obtained results are compared with the empirical data of studies of other scholars in the related subjects. The author uses the set of general scientific and special methods of cognition. The author ascertains the fact that neither the existing legislation nor law enforcement practice can effectively resist corruption so far, particularly in health care. Therefore it is necessary to continue studying the problems of corruption crimes qualification in the social sphere, including health care, and the reasons and conditions furthering them.
Keywords:
medical services, public agencies, subject of crime, object of crime, criminal liability, officials, struggle against corruption, health care, crime, corruption