Theory and science of administrative and municipal law
Reference:
Trofimova G.A.
Inactive recognition of a legal act and a normative legal act as measure of the constitutional responsibility
// Administrative and municipal law.
2018. № 9.
P. 1-9.
DOI: 10.7256/2454-0595.2018.9.23710 URL: https://en.nbpublish.com/library_read_article.php?id=23710
Abstract:
Cancellation, termination, loss of effect, recognition as inconsistent with a prevailing legal act, recognition as inconsistent with the RF Constitution, abolishment a legal act is one of the important measures to restore law and order in the country, protect the rights and freedoms of citizens, and to ensure appropriate law power structures. However, there is no unambiguous interpretation of repressive and punitive application of such measures. The article is devoted to analysis of the legal nature of the measures on cancellation (loss of effect) of legal acts in terms of the possibility of their use as measures of responsibility. The methodology is based on materialist dialectic, in particular, the author has used general and special research methods such as logical analysis, formal law method and systems approach. As a result of the research, the author has analyzed two main procedures of cancellation (loss of effect) of the legal acts, administrative and judicial, describes their peculiarities and methods of defining repressive and punitive nature of the measure. The author also touches upon the problems that relate to the administrative or judicial procedure of termination (loss of effect) and offers relevant solutions.
Keywords:
principle of subordination, normative legal act, legal act, independence of the judiciary, administrative discretion, accountability measures, compliance assessment, inactive recognition, termination, damage to business reputation
Public and municipal service and the citizen
Reference:
Kireeva E.Y.
Municipal Service Development Programs: From the Norm to the Action
// Administrative and municipal law.
2018. № 9.
P. 10-17.
DOI: 10.7256/2454-0595.2018.9.24663 URL: https://en.nbpublish.com/library_read_article.php?id=24663
Abstract:
The subject of this research is the regional and municipal legal acts that regulate the municipal service programs, and practical implementatin of these acts in particular Russian Federation constituents and municipal units. Within the framework of this research, the author has covered the main tasks of municipal units that are aimed at improvement the HR service at municipal units and has outlined efficiency indicators that are usually used by the municipal service development programs. In conclusion, the author describes the main issues that need to be solved in this sphere. Based on the comparative law analysis of the Russian Federation constituents' legislation and municipal legal acts, the author defines the most typical approaches to defining the structure and content of policy documents in the sphere of municipal service. As a result of her research, Kireeva defines the following trends and peculiarities in the sphere of the legal regulation of municipal service development programs. 1. There is a certain growth in the number of development programs undertaken by municipal units. 2. Along with the description of particular targets and objectives, the programs also contain an analysis of the actual situation in the HR development at municipal units and offer efficiency criteria. 3. The most typical activities regulated by the program include adoption of municipal regulations in the sphere of municipal service, professional training of municipal officers, anti-corruption measures and improvement of HR procedures at municipal units. local, municipality, staffing, personnel, development, program, service, municipal, self-governing
Keywords:
local, municipality, staffing, personnel, development, program, service, municipal, self-governing, unit
Administrative and municipal law: business, economy, finance
Reference:
Dement'ev A.N.
Challenges of the Legal Economic Expertise of the Russian Federation Industrial Policy Acts
// Administrative and municipal law.
2018. № 9.
P. 18-34.
DOI: 10.7256/2454-0595.2018.9.27608 URL: https://en.nbpublish.com/library_read_article.php?id=27608
Abstract:
The subject of the research is the challenges of the legal economic expertise of the legal acts issued in the sphere of creation and implementation of the Russian Federation industrial policy. Dementiev analyzes the areas where industrial policy is implemented and describes hierarchical levels of the legal regulation. He studies the composition and content of principles, criteria, indicators of the industrial policy implementation, procedural and material principles of the legal economic expertise of legal acts. Based on the analysis of law-enforcement practice, results of researches and implementation of state industrial programs, the author emphasizes the need to introduce additional principles of the legal economic expertise in the law-enforcement practice. Taking into account the insufficient theoretical validity of the legal economic expertise methodology in the sphere of industrial policy, the author of teh research has chosen to use the 'from particulars to generals' inductive method as well as commonly used methods of legal research such as comparative law analysis, formal law approach, etc. The author proves the hypothesis about the need to develop an individual branch of law that would be called 'general expertology' in parallel to 'judicial expertology'. He offers his own classification of the levels and principles of the legal economic expertise and analyzes assessment criteria and parameters for evaluating legal acts. He theoretically proves the need to introduce additional procedural and special material principles of the legal economic expertise of legal acts into practice.
Keywords:
criteria, principles, legal acts, industrial policy, legal examination, economic examination, ekspertologiya, indicators, authorities, systematization
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Trofimova G.A.
Repressive and Punitive Nature of the Cancellation (Loss of Effect) of the Legal Act
// Administrative and municipal law.
2018. № 9.
P. 35-42.
DOI: 10.7256/2454-0595.2018.9.19742 URL: https://en.nbpublish.com/library_read_article.php?id=19742
Abstract:
Cancellation, termination, loss of effect, recognition as inconsistent with a prevailing legal act, recognition as inconsistent with the RF Constitution, abolishment a legal act is one of the important measures to restore law and order in the country, protect the rights and freedoms of citizens, and to ensure appropriate law power structures. However, there is no unambiguous interpretation of repressive and punitive application of such measures. The article is devoted to analysis of the legal nature of the measures on cancellation (loss of effect) of legal acts in terms of the possibility of their use as measures of responsibility. The methodology is based on materialist dialectic, in particular, the author has used general and special research methods such as logical analysis, formal law method and systems approach. As a result of the research, the author has analyzed two main procedures of cancellation (loss of effect) of the legal acts, administrative and judicial, describes their peculiarities and methods of defining repressive and punitive nature of the measure. The author also touches upon the problems that relate to the administrative or judicial procedure of termination (loss of effect) and offers relevant solutions.
Keywords:
impairing the moral rights, principle of subordination, normative legal act, legal act, independence of the judiciary, administrative discretion, accountability measures, termination, loss of effect, compliance assessment
Law-enforcement legislation
Reference:
Marina M.P.
On the Question of Administrative Regulation of Road Traffic Safety and Increasing Their Efficiency
// Administrative and municipal law.
2018. № 9.
P. 43-48.
DOI: 10.7256/2454-0595.2018.9.21275 URL: https://en.nbpublish.com/library_read_article.php?id=21275
Abstract:
In her research M. Marina analyzes the number of administrative violations committed in the sphere of road safety and defines the causes and conditions of their commitment. She also studies the system of state authoritie that ensure the road safety and describes the main areas of improvement in the sphere of road traffic violations prevention. The main emphasis is made on the need to improve the legal regulation of the process of imposing administrative punishments accoding to Chapter 12 of the Russian Federation Code on Administrative Offence. The author points out that it is desirable to change particular provisions of Chapter 32 of the Administrative Offences Code of the Russian Federation and apply additional law enforcement measures as the preventive means. The current stage of the Russian statehood development has a high level of technical development including that in the sphere of road traffic, and involvement of a great number of people and transport vehicles into the process of road safety.
Keywords:
legislation, Russian Federation Code on Administrative Offence, law, road traffic accident, road traffic rules, administrative penalty, appointment of administrative penalty, execution of decisions, road traffic safety, administrative offence
Administrative law, municipal law and information security
Reference:
Gorian E.
Institutional Mechanisms of Ensuring the Critical Information Infrastructure Safety in the Russian Federation and Singapore: Comparative Law Analysis
// Administrative and municipal law.
2018. № 9.
P. 49-60.
DOI: 10.7256/2454-0595.2018.9.27762 URL: https://en.nbpublish.com/library_read_article.php?id=27762
Abstract:
The object of the research is the relations arising in the process of using the national legal mechanism of cybersafety. The subject of the research is the particular legal acts that are issued in the sphere of regulation of critical information infrastructure safety in the Russian Federation and Singapore as well as international standards therein. The author of the article examines institutional mechanisms of ensuring the safety of the critical information infrastructure and analyzes law-making and law-enforcement processes in the sphere of information security. Goryan outlines drawbacks and benefits of the aforesaid national mechanisms and offers suggestions on how to improve the Russian mechanism. In order to obtain valid research results, the author has applied a number of general research methods (structured system analysis, formal law and hermeneutical methods) and special research methods (comparative law and formal law analysis). From the point of view of international standards, the Russian Federation and Singapore demonstrate a relatively high level of critical information infrastructure safety. The drawback of the Russian law is the fact that there is no legal regulation of the process of information network identification as objects and organisations of critical information infrastructure. The peculiar feathre of the Russian mechanism is the multiple number of actors that ensure the critical information infrastructure safety unlike the Singapore mechanism that has only one department. However, the Russian mechanism has such advantanges as the involvement of the service that has special forces and competences as well as procedural means to make a fast reponse to cyber attacks. As a result, the author concludes that there is a need to study and perhaps legally enforce such instruments of critical information infrastructure safety as training and audit of critical information infrastructure actors as it is done in Singapore.
Keywords:
Federal Security Service, institutional mechanism, legal mechanism, critical information infrastructure, cybersecurity, FSS, CII identification, FSTEC, Cyber Security Agency of Singapore, Singapore