Question at hand
Reference:
Romanova D.
On the Question about the Need to Define the Basic Customs Control At Stages of Entry of Goods to and Withdrawal of Goods from the Eurasian Economic Union
// Administrative and municipal law.
2018. № 3.
P. 1-9.
DOI: 10.7256/2454-0595.2018.3.26235 URL: https://en.nbpublish.com/library_read_article.php?id=26235
Abstract:
The subject of the research is the customs control that is carried out as part of customs fomalities and defined by the author of the article as the basic customs control. Having analyzed modern trends of the law development in the Eurazian Economic Union, the author of the article determines special stages of entry of goods to and withdrawal of goods from the Eurasian Economic Union during which the basic customs control is performed. In her research Romanova focuses on the purposes and importance of the basic customs control and offers her own classification of the basic customs control based on successive stages of entry of goods to and withdrawal of goods from the Eurasian Economic Union. In her research Romanova has used such general research methods as dialectics, analysis and synthesis. In the course of her research Romanova has also applied special research methods such as comparative law, structured system approaches and systems analysis. The author's special contribution to the topic is her offering a new conceptual category of administrative law in relation to customs regulation, in particular, definition of the basic customs control. As a result of her research, Romanova proves her author's position that is based on the provisions of the Customs Code of the Eurazian Economic Union and states that there are certain stages of entry of goods and withdrawal of goods during which the basic customs control is performed.
Keywords:
customs and tariff regulation, national security, purpose of customs control, classification, stages, basic customs control, customs operations, customs control, prohibitions and restrictions, Eurasian Economic Union
Administrative law, municipal law and information security
Reference:
Kurakin A.V., Karpukhin D.V., Ostroushko A.V., Merkushova O.V.
The Problems of the Legal Improvement of Protection of Children From Inducement to Suicide
// Administrative and municipal law.
2018. № 3.
P. 10-26.
DOI: 10.7256/2454-0595.2018.3.26282 URL: https://en.nbpublish.com/library_read_article.php?id=26282
Abstract:
The subject of the research is the effective provisions of the Federal Law No. 149 On Information, Information Technologies and Information Protection of July 27, 2006. The aforesaid provisions define the kind of information that could be harmful for children, and establish the procedure of applying enforcement measures for distribution of such information. Legal acts of the Ministry of Education and Science of the Russian Federation recommend measures for parents to avoid distribution of harmful information among minors. These are the issues that constitute the subject of the present article. The methodological basis of the research involves recent achievements and findings of science. The authors of the article have applied theoretical methods and methods of philosophical research (dialectics, analysis, synthesis, analogy, deduction) and traditional law methods (formal logic to analyze the contents of the aforesaid provisions). The main conclusion made by the authors as a result of their research is that measures of parental and pedagogical control considerably outstrip criminal penalties for inducement to suicide on the Internet. The main contribution made by the authors of the article is their soundly based and legal research of the mechanisms of state and social control for the purpose of developing a single algorithm of interaction between competent powers and social institutions aimed at prevention of Internet suicidal threats. The novelty of the research is caused by the fact that the authors offer an integral approach to the problem of teenager suicide by analysing legal measures and developing institutions of social control (parents and teachers) as well as scales and indicators that can be used to establish a single approach paper that would integrate all forms of control for ensuring child security on the Internet.
Keywords:
Child protection, Administrative penalties, Criminal penalties, international experience, Pedagogical control, Parental control, School, Harmful Information, Suicidal algorithm, Suicide
ADMINISTRATIVE AND MUNICIPAL LAW AND FINANCIAL ACTIVITY
Reference:
Krylov O.M.
Definition of the Legal Category 'Circulation of Money' and its Relation to the Legal Category 'Money Turnover'
// Administrative and municipal law.
2018. № 3.
P. 27-35.
DOI: 10.7256/2454-0595.2018.3.26187 URL: https://en.nbpublish.com/library_read_article.php?id=26187
Abstract:
The subject of the research is the laws and acts that regulate social relations arising in the process of circulation of money. The object of the research is the social relations arising in the process of money turnover. The modern legal approach to the definition of 'circulation of money' derives from the economic theory and does not offer the right description of the legal nature, typical features of the term and differences from the term 'money turnover'. Many researchers do not see the difference between the legal category 'circulation of money' and the legal category 'money turnover'. The methodological basis of the research is the dialectical method allowing to study social, economic and social phenomena in terms of their interrelation and interdependence. As a result of his research, Krylov gives a definition of the term 'circulation of money', describes the main restrictions of the subjective rights to money as well as the main kinds of restrictions thereto that prevent the circulation of money. The author also explains the difference between the term 'circulation of money' and 'money turnover'.
Keywords:
Responsibility, Period, Money turnover, Circulation of money, Confines, Money, Way, Legal relationship, Ban, Subjective rights
Public law: New challenges and realities
Reference:
ABDULLINA A.
The Legal Nature of Governing Bodies of the Priority Social and Economic Development Areas
// Administrative and municipal law.
2018. № 3.
P. 36-42.
DOI: 10.7256/2454-0595.2018.3.26419 URL: https://en.nbpublish.com/library_read_article.php?id=26419
Abstract:
In her research Abdullina examines provisions of the legal acts that regulate activity of governing bodies of the priority social and economic development areas. The author of the article offers a unique model of governining that is based on the principles of administrative command and market regulation of an investment project in a certain territory. The author describes the legal status, competences and powers of the supervisory council, competent federal authority, governing company of the priority social and economic development areas. The author of the article emphasizes the need to define the legal nature of governing bodies, and their legal status in legal relations that arise. Having analyzed the legal basis and law doctrine, the author of the article describes possible qualifications of a governing company and supervisory council as legal entities and public law actors rather than state authorities or commercial enterprise. In her research Abdullina makes a conclusion about the legal status and legal position of governing bodies. The author also gives an idea about the balance of methods used by the state authorities to support investment projects and priorities of the population that live in a certain priority social and economic development area. This creates certain issues needed to be solved by the legislator.
Keywords:
public entities, financial law, free economic zone, investments, development of regions, municipal law, administrative law, governing bodies, legal kind, legal status
Issue of the day
Reference:
Tolstikova I.N.
Regarding the Obligation to Perform Anti-Corruption Expertise of Draft Local Corporate Acts
// Administrative and municipal law.
2018. № 3.
P. 43-51.
DOI: 10.7256/2454-0595.2018.3.26389 URL: https://en.nbpublish.com/library_read_article.php?id=26389
Abstract:
The subject of this research article is the standards of the legal regulation of anti-corruption expertise of local corporate acts and their drafts as well as the practical implementation of the aforesaid standards. The aim of the research is to evaluate legal requirements from the point of view of mandatory implementation of anti-corruption expertise at enterprises, to define the most important problems that may arise in the process of executing these legal standards, and to offer ways to improve the legal regulation. In her article Tolstikova analyzes what usually causes non-performance of legal requirements to carry out anti-corruption expertise of local corporate acts as well as offers measures aimed at prevention of corruption. The research is based on such research methods as analysis, synthesis, deduction and comparison. In the course of writing her article the author has also applied the formal law and structured logic methods. The scientific novelty of the research is caused by the conclusions made by the author as a result of the research. Based on the analysis of existing legal basis, judicial practice and scientific approaches offered by the theory of law, the author of the article concludes that anti-corruption expertise of local corporate acts should be deemed mandatory. However, this is still an understudied issue today which is caused by the fact that there are no clear definitions and relevant guidelines and control.
Keywords:
measures to prevent corruption, prevention of corruption, organization, signs of normative act, draft local act, local normative act, corporate act, normative legal act, anti-corruption examination, corruptogenic factor