Theory and science of administrative and municipal law
Reference:
Buvaeva N.E., Shashkina A.N.
Incentive Measures for Good Practice of Customs Relations Participants
// Administrative and municipal law.
2018. № 2.
P. 1-9.
DOI: 10.7256/2454-0595.2018.2.25746 URL: https://en.nbpublish.com/library_read_article.php?id=25746
Abstract:
The subject of this research article is the customs relations that arise in the process of applying customs laws that encourage good practice of customs relations participants. The authors of the article analyze the scope of measures that develop within the framework of such method of public administration as persuasion. In this article the authors prove efficiency and importance of these measures, describe their scope, targets and principles and analyze each measure in particular. The authors analyze measures that encourage good practice of customs relations participants on the basis of applicable customs code of the Eurasian Economic Union. To write this article, the authors have used the methods of dialectical analysis as well as general and special research methods based thereupon. They have also used the formal logic method to present the material of the article and to make conclusions and recommendations. The main conclusions of the research are the following. For the first time in the academic literature the authors of the article define the scope of measures that encourage good practice of customs relations participants, describe their goals and principles and prove the need to apply these measures within the framework of such method of public administration as persuasion. The authors also analyze each measure in particular and describe their incentive mechanism.
Keywords:
information and counseling, Eurasian Economic Union, customs procedures, customs duties, customs operations, customs control, customs regulation, subjects of customs legal relations, Incentive measures, customs
Administrative and municipal law: business, economy, finance
Reference:
Egupov V.A., Loginov E.A., Pogrebnaya Y.K.
Particularities of the Legal Regulation of the Currency Control in the Eurasian Economic Union
// Administrative and municipal law.
2018. № 2.
P. 10-18.
DOI: 10.7256/2454-0595.2018.2.25739 URL: https://en.nbpublish.com/library_read_article.php?id=25739
Abstract:
The object of the research is the currency relations arising in the process of currency regulation and control in the Eurasian Economic Union. The authors of the article focus on the relationship between currency regulation and currency control as the whole and the parts and point out the main directions for currency control. They also conclude that currency control is one of the means to guarantee and defend economic intersts of the country. The authors of the article set forth the main tasks and goals of currency control at the modern stage and these are the tasks and goals that need an immediate solution. The authors also emphasize the importance of licensing as the main administrative means of control over banking activity in the fields of currency exchange operations and international economic activity. The main research method used by the authors is the dialectical approach combined with the authors' critical evaluation of imperfections and gaps in the current currency legislation. In addition, the authors have also applied the methods of comparative analysis, deduction, formal logic and others. The authors' special contribution to the topic is their description of the main tasks and targets that need an immediate solution, in particular, bringing the currency and international economic laws of the Russian Federation into compliance with the international treaties of the Eurasian Economic Unioni; preparation of a draft law on currency regulation and currency control. The scientific novelty of the research is caused by the fact that the authors offer their own understanding of currency regulation and currency control as administrative measures to influence international economic relations. At the end of their research, the authors conclude that being part of state currency policy, currency control is an instrument for implementation of protective and regulatory functions of the state that guarantees economic security and economic independence of the state.
Keywords:
international security, Eurasian economic Union, administrative and legal means, currency regulation, foreign trade activity, currency operations, currency restrictions, currency control, currency legislation, international law
Administrative, municipal law and federal structure of the state
Reference:
Sultanov K.A., Abasov M.M.
Administrative Responsibility for Violations in the Field of the Counterfeit Alcohol Turnover under the Legislation of the Russian Federation Constituents
// Administrative and municipal law.
2018. № 2.
P. 19-24.
DOI: 10.7256/2454-0595.2018.2.25864 URL: https://en.nbpublish.com/library_read_article.php?id=25864
Abstract:
The authors of this research focus on oustanding issues of the Russian Federation laws on administrative offences in the field of counterfeit alcohol turnover. They analyze the main contradictions between federal and regional laws on administrative offences and offer recommendations to eliminate these. The authors analyze recent changes and amendments to federal and regional laws that regulate the procedure for bringing to administrative responsibility in the field of alcohol turnover as well as activity of regional authorities and local authorities aimed at elimination of administrative responsibility. The make recommendations on how to improve administrative laws of the Russian Federation constituents. The methodology of the research implies a combination of the most commonly used research methods and techniques including analysis and synthesis, formal law method, structured logic representation of the material, and comparative law analysis. The main conclusion of the research is that there are administrative laws of the Russian Federation constituents that contradict to federal laws and regulations. Despite detailed analysis of laws before issuing them, the problem of illegitimate regional laws remains. The authors provide particular examples when regional administrative laws were adopted exceeding the limits of the Russian Federation constituent's authority. The novelty of the research is caused by the fact that the authors evaluate the current state of law and implementation practice. The authors' special contribution to the topic is their description of areas of improvement and development prospects of the process of regional administrative laws adoption. The practical importance of the research is caused by the fact that the authors provide scientifically proved recommendations regarding development of the regional administrative law.
Keywords:
administrative penalty, regional legislation, internal Affairs bodies, the distribution of alcohol, administrative Code, local laws, police, the authorized bodies, administrative responsibility, the legislation of the constituent entities of the Russian Federation
Debatable issues in administrative and municipal law
Reference:
Sokolova O.S.
Regarding the Question about Reformation of Municipal Control
// Administrative and municipal law.
2018. № 2.
P. 25-32.
DOI: 10.7256/2454-0595.2018.2.25696 URL: https://en.nbpublish.com/library_read_article.php?id=25696
Abstract:
The subject of this research is the reformation of municipal control, in particular, changes of the legal boundaries and content of this activity. In her research Sokolova carries out a comparative analysis of definitions of municipal control in applicable legislatino and draft law offered by the Government of the Russian Federatino and passed in its first reading by the State Duma. The author sequentially correlates a new definition of municipal control in a draw law and defines problems that do not relate to the matters of local significance. When it comes to the analysis of a new definition of municipal control, the author focuses on prospects of attributing administrative preclusive and remedial measures to municipal control. The main research method used by the author is the comparative law analysis of the current provisions of laws on municipal control, and these of the draft law. The scientific novelty of the research is caused by the fact that the author defines internal contradictions of the draft law that extends the scope and definition of municipal control and redistribute the burden of application of administrative preclusive and remedial measures from state authorities to local self-government. The author also emphasizes the uncertainty of the prohibition of municipal control outside the limited list of the rights of local self-government to carry out municipal control regarding matters of local significance.
Keywords:
the risk-based, efficiency, reforming, local issues, legislative proposal, jurisdiction, state supervision, state control, municipal control, authority
Issue of the day
Reference:
Mikhailova M.V., Pibaev I.A.
Reflecting on the Results of Implementing the 'Competitive' Procedure for Electing Units' Leaders in the Kirov Region
// Administrative and municipal law.
2018. № 2.
P. 33-44.
DOI: 10.7256/2454-0595.2018.2.26192 URL: https://en.nbpublish.com/library_read_article.php?id=26192
Abstract:
2014 - 2015 faced a new stage of the municipal reform that considerably improved the legal regulation of local self-government authorities. Over the past two years of execution of the municipal unit's right to set their own procedure for electing their leaders, regional authorities have gathered experience that needs to be thought over and analyzed. Based on the analysis of election of municipal units' leaders out of candidates presented by the competition commission in 2016 - 2017 in the Kirov Region, the authors of the article analyze diverse and contradictory experience of electing municipal units' leaders and describe reasons that prevent from an efficient use of the aforesaid institution. In the course of their research the authors have used such methods as historical, comparative law, formal law methods and logical methods such as analysis and synthesis. In conclusion, the authors state that, on the one hand, regional authorities are interested in creation of a certain mechanism for electing leaders that they can control, mostly, for regions and urban districts, and for the purpose of conducting economic and social transformations without actually taking into account the opinion of the population and representational body, and, on the other hand, opportunity of a constituent to define the way of electing a municipal unit's leader creates social tension and disrespect of the deputy because it in fact push them aside from participating in the higihest authorities of municipal units.
Keywords:
municipal statutory acts, charter of a municipal uni, election in the result of competition, direct election, municipal units’ leaders, municipal elections, local issues, self-government, municipal lawmaking, authorities