Public and municipal service and the citizen
Reference:
Grigorev I.V., Kripak M.V.
Particular Features of Disciplinary Liability of Public Employees for Corruption Offences
// Administrative and municipal law.
2018. № 5.
P. 1-10.
DOI: 10.7256/2454-0595.2018.5.26604 URL: https://en.nbpublish.com/library_read_article.php?id=26604
Abstract:
The article is devoted to particular problems of the legal regulation of disciplinary liability of state officials in case they violate the anti-corruption law. The authors of the article analyze particular elements of the legal status of officials that are of anti-corruption nature. They outline the problems that relate to a possibility of imposing a punishment on state officials, in particular, dismissal as a result of the loss of confidence. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation regarding bringing state officials to disciplinary liability. The methodological basis of the research included general research methods such as systems analysis and generalisation of normative, scientific and practical guidelines; as well as special research methods, in particular, comparative law method, technical legal method, and etc. The novelty of the research is caused by the fact that it presents an integral research of legal issues that relate to disciplinary responsibility of state officials. One of the most important results of the research is the authors' recommendations on improving the current law on corruption of state officials and analysis of current law enforcement practice on the matter.
Keywords:
functional audit check, disciplinary sanction, a disciplinary offence, disciplinary punishment, liability of public employees, public employee, civil service, legal regulation, corruption counteraction, loss of confidence
Administrative law, municipal law and security
Reference:
Antipov E.G.
Application of Different Procedural and Institutional Means of Law and State Discipline Enforcement Applied by State Fire Supervision of Emercom of Russia
// Administrative and municipal law.
2018. № 5.
P. 11-16.
DOI: 10.7256/2454-0595.2018.5.26054 URL: https://en.nbpublish.com/library_read_article.php?id=26054
Abstract:
The aim of this research is to analyze federal laws, regulatory and local acts of Emercom of Russia that regulate organization and performance of control (supervisory) activity of state fire supervision of Emercom of Russia aimed at prevention, detection and restraint of violations of requirements set forth by the Russian Federation fire protection law. The target of the research is to carry out a theoretical legal analysis of different means of law and state discipline enforcement applied by a designated federal authority. In the course of his research Antipov has applied methods of theoretical and comparative law analysis. The novelty of the research is caused by the fact that the author carries out a theoretical legal analysis of the process of law and state discipline enforcement performed by state fire supervision of Emercom of Russia as part of state control, state supervision and state control supervisory activity. As a result of his research, Antipov concludes that current activity of state fire supervision of Emercom of Russia is performed through control supervisory means but not only supervisory means of law and state discipline enforcement. Consequently, the authority itself is a control supervisory one. Theoretical provisions and practical recommendations offered by the author of this article may contribute to the development of administrative law and science and used for the purpose of improving the legal basis that regulates organization and performance of state fire supervision by Emercom of Russia.
Keywords:
federal fire service, fire safety, Emercom of Russia, state fire supervision, control and supervising activity, state supervision, state control, discipline, legality, Organizational and legal ways
Administrative enforcement
Reference:
Kulakov N.A.
Means of Control and Supervision as the Direction of Administrative Protection of Intellectual Property of the Russian Federation
// Administrative and municipal law.
2018. № 5.
P. 17-23.
DOI: 10.7256/2454-0595.2018.5.26283 URL: https://en.nbpublish.com/library_read_article.php?id=26283
Abstract:
The article is devoted to the problems that may arise in the process of state control and supervision over intellectual property protection of the Russian Federation as a right holder as well as means of administrative responsibility as the means of legal protection of the aforesaid rights. The focus of the research covers is the combination of the main local acts that regulate control supervisory activity of state authorities in the sphere of protection of intellectual property of the Russian Federation, administrative laws, and relevant researches. The purpose of the research is to outline problems that relate legal regulation of protection of intellectual property of the Russian Federation as a right holder, and to offer certain solutions. The author has applied such methods as dialectics, analysis, synthesis, deduction, formal law, comparative law and interdisciplinary law analysis. As a result of the research, the author concludes that the Russian Federal Service for Intellectual Property (Rospatent) is the main actor of state control (supervision) in the sphere of legal protection of intellectual property of the Russian Federation. Based on the results of the research, the author emphasizes the need to extend jurisdictional powers of Rospatent, in particular, grand Rospatent the power to draw out protocols on administrative offences as set forth by the first part of Article 7.12 of the Administrative Offenses Code of the Russian Federation, and make relevant amendments to the law. In the author's opinion, this is the solution that would raise efficiency of administrative protection of intellectual property of the Russian Federation.
Keywords:
copyright, exclusive rights, intellectual rights, intellectual property, administrative responsibility, administrative coercion, supervision, control, computer programs, databases
Administrative law, municipal law and environment issues
Reference:
Manin I.
Mineral Resource Management of Norwegian Offshore: Legal Regime
// Administrative and municipal law.
2018. № 5.
P. 24-36.
DOI: 10.7256/2454-0595.2018.5.26647 URL: https://en.nbpublish.com/library_read_article.php?id=26647
Abstract:
The subject of the research is the legal regulation of mineral resource management in the Kingdom of Norway. In his research Manin analyzes the process of Norwegian offshore development as well as activity of subsoiul users therein. The researcher pays special attention to topical issues of mineral resource management licensing and describes the system and structure of management in the fields of environment and mineral resource. He also focuses on the issues of environmental safety of Norwegian offshore and touches upon the history of Norwegian offshore law development as well as the current status thereof. The methodological basis of the research implies general research methods (dialectical method, analysis, synthesis, analogy and others) and special law methods (formal law, state legal modelling, historical law, systems approach, etc.). The novelty of the research is caused by the fact that the author of the article presents a modern model of the legal regulation of mineral resource management in the Kingdom of Norway and describes the main milestones of its development. The main conclusion of the research is the author's statement that the Russian Federatiom may use the experience of the Kingdom of Norway in developing the offshore of northern water zones. Russia may organize a large-scale geological analysis of Russian offshore zones and outline the most promising areas for mineral resorce development based on foreign technologies and development of technical means and offshore technologies of its own just as Norway, Britain and USA did.
Keywords:
Norwegian petroleum legislation, Norwegian offshore history, Norwegian petroleum operations, Norwegian licensing of subsoil, Norwegian petroleum activity, Norwegian petroleum contract, Norwegian mineral resources management, Subsoil using legal regime, Norwegian offshore, Norwegian offshore petroleum Law
Administrative law, municipal law and the judicial branch
Reference:
Ivanova I.A.
Speaking of the Legal Regulation of the Institution of Judicial Normative Control in Administrative Legal Proceedings
// Administrative and municipal law.
2018. № 5.
P. 37-45.
DOI: 10.7256/2454-0595.2018.5.26569 URL: https://en.nbpublish.com/library_read_article.php?id=26569
Abstract:
The subject of the research is particular issues of the legal regulation of the institution of judicial normative control in administrative legal proceedings of the Russian Federation. In her article Ivanova analyzes provisions of the Russian Federation Administrative Court Procedure Code that regulates proceedings related to cases involving the contesting of normative legal acts. The objectives of the research are as follows: 1. to define criteria for classying judicial normative control as direct or indirect, abstract or concrete, as well as the relation between them; 2. to analyze provisions of the Russian Federation Administrative Court Procedure Code that may be applied to the abstract or concrete criterion offered by the author. In the course of her research Ivanova has applied such research methods as analysis and sythesis, formal law method, and etc. The main conclusions of the research imply the following theses: 1) The criterion for differentiating between direct and indirect normative control is the way a judicial audit corresponds to the matter of asserted claims (in particular, whether normative control has the purpose to challenge regulations or protect one's legal rights); the criterion for classifying normative control as abstract or conrete is judicial activity (consequently, monitoring of legality of regulations for public interest or protection of private interests). 2. In its judicial acts, the Supreme Court of the Russian Federation states that proceedings that challenge regulations should be carried out as abstract normative control. Nevertheless, based on the criterion offered by the author to differentiate between abstract or concrete normative control, regulations of the Russian Federation Code of Administrative Procedure Code demonstrate elements of both abstract and concrete normative control.
Keywords:
subjective public rights, judicial protection, judicial activity, concrete normative control, appeal, abstract normative control, administrative proceedings, legal interests, the court's decision, challenging regulations