Theory and science of administrative and municipal law
Reference:
Vinnitsky, A. V.
Institution of Public Services in Russia: Future Development Within the Framework of
European Experience
// Administrative and municipal law.
2013. № 4.
P. 299-308.
URL: https://en.nbpublish.com/library_read_article.php?id=62533
Abstract:
The article is devoted to the development of the institution of public services in European Union member
states and Russia. The author of the article analyzes contradictions and drawbacks of the Russian legislation in this
sphere. Based on foreign experience, the author justifies the grounds for a wide approach to interpretation of public
services and their basic division into economic and non-economic services.
Keywords:
pubic service, general service, state service, municipal service, administrative service, social service, universal service.
Administrative law, municipal law and security
Reference:
Redkous, V. M.
Theoretical Issues of Implementing the Institution of Official Warning in the Sphere of
National Security
// Administrative and municipal law.
2013. № 4.
P. 309-320.
URL: https://en.nbpublish.com/library_read_article.php?id=62534
Abstract:
The author of the article analyzes historical, legal and organizational grounds for implementation of the
institution of official warning about about inadmissible actions that create grounds for crime, inquiry and preliminary investigation that are referred to the federal security service according to the laws of the Russian Federation, and
ways to improve it.
Keywords:
administrative law, national security, measures of administrative enforcement, crime prevention, individual prevention, grounds for implementing an official warning, administrative discretion, legality, efficiency of implementing an official warning
Law-enforcement legislation
Reference:
Novoselov, S.A., Truntsevsky, Yu. V.
Improvement of Efficiency of Preventing Corruption Crime and
Violations Committed by State Road Traffic Safety Inspection Officials as a Condition for Arranging Further
Reformation of the Department of Internal Affairs According to the Road Map
// Administrative and municipal law.
2013. № 4.
P. 321-326.
URL: https://en.nbpublish.com/library_read_article.php?id=62535
Abstract:
The article contains suggestions on how implement conditions for recruiting, increasing efficiency of
recruiting, retraining and guarantees for social security of officials of the Department of Internal Affairs of the
Russian Federation as well as raise of the level of citizens’ trust towards law-enforcement agencies.
Keywords:
prevention, crime, reform, internal affairs agency, Russia, trust of citizens, guarantee, official, Department of Internal Affairs, police, service.
Public and municipal service and the citizen
Reference:
Slyusareva, T. G.
Problems of Defining Borders of Administrative Discretion of Public Officials
// Administrative and municipal law.
2013. № 4.
P. 327-332.
URL: https://en.nbpublish.com/library_read_article.php?id=62536
Abstract:
At the present time the problem of defining the borders of administrative discretion in state officials’ activities
is becoming very important. Analysis of the criteria for defining the borders of administrative discretion and their
proper determination will limit corruption and abuse in the system of civil service. Administrative regulations, the
level of financial funding and additional professional training will also help to specify the borders of administrative
discretion of public officials.
Keywords:
state service, administrative law, administrative discretion, law-enforcement, borders of administrative discretion, criteria, abuse, corruption, administrative regulation.
Public and municipal service and the citizen
Reference:
Khodyrev, A. A.
Organizational and Legal Forms of Public Service in France Within the Framework of
Administrative Regime
// Administrative and municipal law.
2013. № 4.
P. 332-336.
URL: https://en.nbpublish.com/library_read_article.php?id=62537
Abstract:
The article is devoted to the analysis of organizational and legal forms of implementation of public service
(le service public) in France within the framework of administrative regime, i.e. under conditions of co-existence
of the two spheres of national law order, private law and administrative law. As a part of administrative regime,
public administration activities were literally excluded from the scope of private laws, for instance, French Civil
Code of 1804. Consequently, when disputes arise between private persons and public administration, there is always
a question whether the public authority agent has acted within the framework of administrative law or private
law. In the first case, administrative court will be a competent authority, and in the second case — the general
jurisdiction court. The author conducts a detailed analysis of the question about delegation of public service based
on the dichotomy between general (private law) regime and administrative regime through examples of public
concession and affermages.
Keywords:
public service, public order, administrative regime, administrative jurisdiction, delegation of public service, concession, public activities, agreement, administrative court, affermage.
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Lapo, L. G.
Constitutional and Legal Grounds for Limitation of Right to Information
// Administrative and municipal law.
2013. № 4.
P. 337-341.
URL: https://en.nbpublish.com/library_read_article.php?id=62538
Abstract:
Information plays a significant role in the modern world. The majority of people have free access to
Internet where they can easily find whatever information they want. Technological development, improvement
of mechanical media, growing role of information — all that demand a detailed regulation by law. In this regard,
the study of constitutional and legal prerequisites for limitation of right to information is growing especially
important.
Keywords:
information, prohibition, restriction (limitation), right, human, protection, technology, control, responsibility, punishment, state institution.
Public service, municipal service and issues in the fight against corruption
Reference:
Ilyakov, A. D.
Administrative Law Research of the Term ‘Corruption’
// Administrative and municipal law.
2013. № 4.
P. 342-346.
URL: https://en.nbpublish.com/library_read_article.php?id=62539
Abstract:
Corruption is one of the threats to national security in the Russian Federation. The author of the given
article conducts a critical analysis of Russian anti-corruption legislation and shows its gaps and drawbacks based on
practical examples. As a result of this research, the author suggests that the term ‘administrative corruption’ should
be defined by the law as the usage of an official state position for one’s personal benefits. The author of the article
also makes particular suggestions bout how to increase the efficiency of corruption management in the Russian
Federation.
Keywords:
corruption, corruption management, administrative law means of corruption management.
Public service, municipal service and issues in the fight against corruption
Reference:
Kabanov, P. A.
Legal Regulation of Anti-Corruption Monitoring in the Russian Federation Constituents:
Problems and Future Development
// Administrative and municipal law.
2013. № 4.
P. 347-354.
URL: https://en.nbpublish.com/library_read_article.php?id=62540
Abstract:
The article is devoted to administrative law grounds for arranging and carrying out anti-corruption
monitoring in the Russian Federation constituents as the basic tool for measuring the level of corruption, its
causes and efficiency of anti-corruption policy implemented in a region. The author defines and describes the main
drawbacks of administrative law regulation of anti-corruption monitoring and arrangement of its implementation:
selective nature of using such monitoring; no common approach to legal regulation, arrangement and carrying out
such monitoring; incomplete conduction of monitoring (faked results of monitoring). The author of the article also
suggests particular ways to change the grounds of legal regulation of anti-corruption monitoring.
Keywords:
corruption, corruption management, anti-corruption monitoring, legal regulation, monitoring, corruption monitoring, monitoring procedure, monitoring of causes.
Liability in administrative and municipal law
Reference:
Gorb, S. V.
Aims of Legislation on Administrative Offence
// Administrative and municipal law.
2013. № 4.
P. 355-356.
URL: https://en.nbpublish.com/library_read_article.php?id=62541
Abstract:
The author of this article evidently shows the need in a new modern definition of aims of legislation on
administrative offence. The author analyzes the structure of aims of legislation on administrative offence and
compares aims set forth by the Administrative Offence Code of the Russian Federation with other branches of law.
Based on the results of the study, the author makes certain suggestions on wording of Article 1.2 of the Administrative
Offence Code of the Russian Federation.
Keywords:
aims, law, administrative, responsibility, modern, definition, style, efficient, protection.
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
Dobrobaba, M. B.
Definition and Essential Features of Disciplinary Actions in Tort Law
// Administrative and municipal law.
2013. № 4.
P. 357-364.
URL: https://en.nbpublish.com/library_read_article.php?id=62542
Abstract:
Based on the author’s conception of a tort law, i.e. a complex administrative law institution acting within
the borders of official law, the author forms a definition and defines the basic features of disciplinary action in tort
law. It is concluded that disciplinary action in tort law should be viewed as the measure of disciplinary enforcement
applied to a person who committed an official delict as set forth by the requirements of the law.
Keywords:
tort law, law institution, disciplinary responsibility, disciplinary delict, disciplinary enforcement, sanction, disciplinary action, official.
Administrative law, municipal law and the judicial branch
Reference:
Gagiev, A. K.
About Increasing Efficiency of Arrangement of Work and Ensuring Court Activities in Civil
and Arbitrage Proceedings
// Administrative and municipal law.
2013. № 4.
P. 365-368.
URL: https://en.nbpublish.com/library_read_article.php?id=62543
Abstract:
The author of this article conducts a scientific analysis of efficiency of arrangement of work and ensuring
court activities in civil and arbitrage proceedings. The author describes the efficiency criteria and proves the need in
increasing court proceedings. The author also makes suggestions aimed at increasing efficiency of civil and arbitrage
proceedings.
Keywords:
organization, activity, court, civil, arbitrage, proceeding, justice, efficiency, legality, judge.
Debatable issues in administrative and municipal law
Reference:
Scherbakova, L. V.
Place and Role of Actions of Performing Administrative Contractual Obligations in the
System of Legal Facts
// Administrative and municipal law.
2013. № 4.
P. 369-384.
URL: https://en.nbpublish.com/library_read_article.php?id=62544
Abstract:
The author of this article analyzes the legal nature of actions of performing administrative contractual
obligations and their place in the system of legal facts. The author views civilized conceptions of performance of
obligations (performance of obligations as a factual action, performance of obligations as a deed, performance of
obligations as a business transaction and etc.). Noteworthy, the author very well shows why actions of performing
administrative contractual obligations are referred to a certain form of legal acts — procedural actions.
Keywords:
administrative contract, administrative contractual responsibility, performance of responsibility, aim at legal consequences, will power, rule of will power, legal act, procedure.
Eng
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