Administrative law, municipal law and human rights
Reference:
Zhigulskikh, A.N.
Prosecutor in the civil process: position of the European Court of Human Rights
// Administrative and municipal law.
2012. № 7.
P. 5-8.
URL: https://en.nbpublish.com/library_read_article.php?id=61190
Abstract:
The article includes analysis of the current legislation of the Russian Federation on the powers of the prosecutor
to represent the citizens in civil process in the courts of general jurisdiction. Based on the precedent practice of the
European Court on Human Rights the author shows the contradiction of these norms to the norms of international law.
The author then offers to amend the current legislation accordingly.
Keywords:
prosecutor, citizen, court, Strasbourg, Europe, Convention, state, practice, law, position.
Theory and science of administrative and municipal law
Reference:
Dyrda, S.G.
On the issue of the object of municipal law
// Administrative and municipal law.
2012. № 7.
P. 9-12.
URL: https://en.nbpublish.com/library_read_article.php?id=61191
Abstract:
The article is devoted to the issues of singling out a new forming branch of law within the framework of various
points of view and object of its regulation. In order to support his position the author provides theoretical and practical
positions on municipal law as an independent branch of law, the object of which is social relations, which provide for
the organization and activities of the people, organs and officials of municipal government.
Keywords:
municipal law, municipal government, legal bases, social relations, the object of regulation, the issues of local value, the complex branch of law, the form of people’s rule, the form of self-organization.
Issues of administrative and municipal legal relationship
Reference:
Adarchenko, E.O.
State corporations as a type of public legal entities
// Administrative and municipal law.
2012. № 7.
P. 13-16.
URL: https://en.nbpublish.com/library_read_article.php?id=61192
Abstract:
The article is devoted to the analysis of administrative legal status of state corporations as legal entities. The
author proves that it is necessary to legislatively provide for the institution of public legal entities, and that the state
corporations should be viewed as one of types of such entities. The author then offers tp rpvodie for this institution
within the framework of administrative law.
Keywords:
jurisprudence, state corporation, public value, property, goal of activity, legal entity, administrative legal subject, organizational legal form, status, perspectives.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P.A.
Procedural grounds and the order of revocation of obligatory decisions, as made by the Commission on
Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of Interests Regulation
// Administrative and municipal law.
2012. № 7.
P. 17-19.
URL: https://en.nbpublish.com/library_read_article.php?id=61193
Abstract:
The article is devoted to the procedural grounds and judicial review of the obligatory decisions of the
Commissions on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of
Interests Regulation. The authors singles out the following grounds: a) unlawful composition of the Commission when
hearing a case and making a decision; b) dealing with the case in the absence of any parties to the case, who was not
duly notified on place and date of the hearing at the Commission; c) the decision of the Commission, which was made
without due inquiry into all of the relevant circumstance.
Keywords:
state service, municipal service, conflict of interests, municipal officer, state officer, corruption, fighting corruption, address, the Commission on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff
Public and municipal service and the citizen
Reference:
Kokarev, E.A.
Administrative legal characteristics of the legislation of the Russian Federation on Cossacks in
1990s.
// Administrative and municipal law.
2012. № 7.
P. 20-25.
URL: https://en.nbpublish.com/library_read_article.php?id=61194
Abstract:
The article is devoted to the issues of administrative and legal regulation of the renaissance of Cossacks in
Russia in 1990s. The author views the specific features of the very first acts on the relations between the Cossacks and the state. The author offers his own list of periods of formation and legal regulation of renaissance of the Cossacks in
Russia.
Keywords:
government, Cossacks, Cossack, power, united organization, management, rehabilitation, service, development, army.
Public and municipal service and the citizen
Reference:
Komakhin, B.N.
Administrative legal and private legal regulation of information and innovation relations in the
system of state service
// Administrative and municipal law.
2012. № 7.
P. 25-35.
URL: https://en.nbpublish.com/library_read_article.php?id=61195
Abstract:
The article is devoted to the organizational and legal grounds for the information guarantees of state service.
The author then shows the problems in the way of development of information technologies in the system of service
relations. The article contains references to various social relations, which are formed in connection with the information
guarantees of service activity of state officers of various government bodies.
Keywords:
service, innovation, cadres, officer, control, system, information, guarantees, regulation, activity, prohibition, limitation.
Public and municipal service and the citizen
Reference:
Kozhevnikov, O.A.
Absolute compliance to the legal principles of state service as one of the ways to raise the level
of authority of the state in the minds of the citizens of the Russian Federation
// Administrative and municipal law.
2012. № 7.
P. 36-40.
URL: https://en.nbpublish.com/library_read_article.php?id=61196
Abstract:
The main goal of this article is to attempt to achieve scientific and practical understanding of the meaning
and role of legal principles in organization and functioning of the state service. Based on the analysis of particular
principles the author then makes a conclusion on the direct correlation between the level of implementation of principles
of state service and the level of trust of people towards the state power and its bodies.
Keywords:
Constitution, Russia, state service, legal principles, legality, professionalism, constitutional rights and freedoms, state, state power, society.
Management law
Reference:
Kalinin, G.I.
Powers on control and review over the quality and security of foodstuffs of animal origin
// Administrative and municipal law.
2012. № 7.
P. 41-45.
URL: https://en.nbpublish.com/library_read_article.php?id=61197
Abstract:
In the light of the fact that the Russian Federation is joining the WTO, there is need to harmonize the Russian
legislation with the international law in the sphere of quality and security of foodstuffs. At the same time there is
currently a serious problem in the sphere of separation of powers in the sphere of state review over quality and security
of foodstuffs of animal origin. Based from both the Soviet and the international (mostly European) experience in this
sphere, only the veterinary service is able to view the whole way of such foodstuffs “ from the field to the fork” and to
control their security. The author considers that the Russian Federation should follow the example of the EU and to
provide the functions of control over the quality and security of foodstuffs of animal origin to the united state veterinary
service.
Keywords:
products, powers, review, quality, security, rules, service, turnover, harmonization.
Management law
Reference:
Oganesyan, K.
The issues of delegation of state powers in the sphere of education to the municipal government
bodies
// Administrative and municipal law.
2012. № 7.
P. 45-49.
URL: https://en.nbpublish.com/library_read_article.php?id=61198
Abstract:
the article is devoted to the legal and organizational bases for the separation of competences of state government
bodies and the municipal self-government bodies in the sphere of education. The author also views the peculiarities of
management of education at the municipal level.
Keywords:
education, management, enlightenment, self-government, competence, powers, principles, organ, municipality, finances, protection, list, organization.
Law-enforcement legislation
Reference:
Karpov, Y.S.
Specific features of import into the Russian Federation and export from the Russian Federation of
the narcotic, psychoactive substances and their precursors, as well as poisonous and superpotent substances within
the framework of the Customs Union of the EurAsEC
// Administrative and municipal law.
2012. № 7.
P. 50-58.
URL: https://en.nbpublish.com/library_read_article.php?id=61199
Abstract:
For the several years by now the legislation of the Russian Federation in the sphere of turnover of narcotic and
psychoactive substances, their precursors, poisonous and strongly influencing substances has been developing rapidly,
as a relevant part of state anti-narcotic policy. As well as improving the domestic measures of control, the Russian
Federation also entered the Customs Union of the EurAsEC, and it required the new legal basis for the foreign trade
of the goods of limited turnover. It led to the considerable changes in the Federal Law of January 8, 1998 N.3-FZ “On narcotic substances and psychoactive substances”, and a number of other federal laws on related matters. There also
appeared new norms of international law as well as a number of bylaws, so their simultaneous application may cause
difficulties for the subjects of turnover of controlled substances, state officials who implement state control and other
interested persons.
Keywords:
jurisprudence, narcotic substances, psychoactive substances, precursors, strongly influencing substances, poisonous substances, turnover of controlled substances, import (export), licensing, the Customs Union of the EurAsEC.
Liability in administrative and municipal law
Reference:
Kurakin, A.V., Badulin, A.D.
Administrative problems of implementation of the measures of responsibility for
production and sale of alcoholic (spirituous) products, and the alcohol-containing products
// Administrative and municipal law.
2012. № 7.
P. 59-65.
URL: https://en.nbpublish.com/library_read_article.php?id=61200
Abstract:
The article is devoted to the goals of legal regulation of turnover of alcoholic products. The authors analyze
the specific features of this specific type of legal responsibility, and they offer the means to improve administrative legal
guarantees of legal order in the sphere of turnover of alcohol. The authors also note that the situation in the sphere of
intake of alcoholic drinks in Russia is catastrophic, and alcoholism is a national calamity, while the measures, which
are taken by the government fail to take due effect.
Keywords:
alcohol, spirituous, responsibility, turnover, abuse, alcoholic, death, alcoholism, intake, review, poisoning, product, responsibility, regulation.
Administrative process and procedure
Reference:
Baranov, S.P.
Correlation of the changes in the legal qualification of the deal and recognizing the deal as null
and void.
// Administrative and municipal law.
2012. № 7.
P. 66-71.
URL: https://en.nbpublish.com/library_read_article.php?id=61201
Abstract:
Based on his studies of the judicial practice and doctrinal sources the author analyzes the powers of the tax
bodies on recognizing the deals of taxpayers as null and void, and on changes in the legal qualification of such deals.
Then the author gives comparative legal analysis of such deals.
Keywords:
deal, taxes, invalidity and nullity of a deal, legal qualification, contract, taxpayer, registration.
Administrative and municipal law: business, economy, finance
Reference:
Sochnev, D.V.
Administrative relations in the sphere of credit risks of the commercial bank
// Administrative and municipal law.
2012. № 7.
P. 72-80.
URL: https://en.nbpublish.com/library_read_article.php?id=61202
Abstract:
Administrative relations in the spheres of credit risks depend on both outer (general conditions of economic
environment and conjuncture) and inner (mistaken decisions of the bank) factors. The possibilities for the management
of outer factors are limited, while timely actions of the bank may ease their influence and help to avoid serious losses.
However, the key means for the management of credit risks are in the sphere of inner policy.
Keywords:
legal relations, administrative, credit, risk, government, politics, debt, cost-efficient, liquid, bank.
Administrative law, municipal law and environment issues
Reference:
Volkov, A.M., Lyutyagina, E.A.
Judicial means of resolution of administrative environmental disputes
// Administrative and municipal law.
2012. № 7.
P. 81-88.
URL: https://en.nbpublish.com/library_read_article.php?id=61203
Abstract:
The article includes analysis of judicial means of resolution of administrative disputes in the sphere of use of
environment, then the authors give their positions on possible improvement in this sphere. The special bodies, which
possess maximum independency from the influence of parties to the dispute, as well as the prerogative to perform
judicial function in the sphere of their competence, may form the due organizational basis. In various states this role
is given either to the courts of general jurisdiction, or specific administrative courts, or other specialized courts with
the judicial powers in the administrative cases. The hearing of these cases falls within the framework of principles and
norms of judicial procedure. The judicial form of resolution of administrative disputes includes two key components:
specifically organized system of courts, and the judicial procedure on administrative cases. It is also necessary to
introduce the term “administrative judicial procedure” in Russia.
Keywords:
administrative disputes, dispute resolution, conflict, administrative legislation, improvement of legislation, environmental management, administrative responsibility, administrative offenses, judicial methods of dispute resolution.
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