Reference:
Romanova A.E..
Principles of Public Administration in the Field of Circulation of Medicines
// Administrative and municipal law.
2019. № 3.
P. 36-41.
DOI: 10.7256/2454-0595.2019.3.29493 URL: https://en.nbpublish.com/library_read_article.php?id=29493
Abstract:
The subject of this research is the provisions of Russian laws as well as theoretical concepts of legal science that describe principles of public administration in the field of circulation of medicines. Romanova emphasizes the importance of this matter because it is the foundation that ensures the unity of all organizations and integrity of public administration throughout Russia. The researcher focuses on legal acts and regulations that have been issued by the Eurasian Economic Union in order to devleop the single market of medicines. In the course of her research Romanova has applied general and special research methods such as comparison, logical analysis, systems approach and formal law method. Having studied laws and legal literature the researcher concludes that there is no official list of principles of public administration in the aforesaid sphere, thus offers classifications of these principles and underlines the need to fill in the gap and create a legal act that woudl systematize principles of circulation of medicines in general.
Keywords:
Eurasian Economic Union, medicinal maintenance, circulation of medicines, medicines, health protection, principles, public administration, harmonization, systematization, gap of legislation
Reference:
Pavlov A..
The Legal Base for the Management of the Special Area of Three Eastern Provinces of the Republic of China
// Administrative and municipal law.
2019. № 1.
P. 26-35.
DOI: 10.7256/2454-0595.2019.1.24465 URL: https://en.nbpublish.com/library_read_article.php?id=24465
Abstract:
The object of the research is the Special Area of Three Eastern Provinces (Heilongjiang, Jilin and Fengtian) of Machuria, administrative-territorial unit of the Republic of China with a special status created in 1920 in the place of the Line Side of the Chinese Eastern Railway (CER). The subject of the research is the legal base upon which the district was formed as an integral territory to serve the purposes of the CERT and existed till 1936. in 1920 China unilaterally established jurisdiction over the district. In 1932 Manchuria was occupied by the Japanese and its legal status was again changed, in 1936 the Manchuria-Go Road was sold and the Special Area was terminated as a territorial unit. The methodology of the research implies the analysis of treats, agreements and other legal acts that formed the basis for the official status and legal natur eof the Special Area of Three Eastern Provinces. The main contribution of the author is the analysis of how the legal status of the territory with the CER had been changing and conduction of the research on the legal status of the aforesaid administrative territorial unit. The research results and methodology may be used to analyze legal statuses of other administrative territorial units that have a special status inside other states.
Keywords:
Government departments, jurisdiction, control, administrative-territorial unit, legal position, Sino-Eastern Railway, legal status, Special area, Northeast China, Manchuria
Reference:
Lapin A.V..
Improving the System of Technical Rate Setting as a Mandatory Condition of State Industrial Growth Policy
// Administrative and municipal law.
2018. № 10.
P. 43-51.
DOI: 10.7256/2454-0595.2018.10.27969 URL: https://en.nbpublish.com/library_read_article.php?id=27969
Abstract:
The subject of this article is the administrative relations that arise in the process of standartization and technical regulation. The object of the research is the system of technical standartization. The author of the article provides an insight into the development of the Russian system of technical standartization as an element of the institution of administrative law. The results of the analysis of applicable legislation on standartization and technical regulation prove the factt that the system of technical standartization has contradictory provisions and lacks logical approaches to the definition of association between participants of these relations under the conditions of globalization of technological processes and product manufacture of products. Lapin gives arguments that prove the need in regulation of the system of technical regulation and its legal administration for the development and evaluation of technological changes and industrial growth in economic sectors. The methodological basis of the research implies the latest achievements in the theory of knowledge. In the process of the research the author has also applied general philosophical methods, systems analysis, expert analysis, event analysis and traditional legal methods (formal law and comparative law methods) as well as structural and statistical analysis. The novelty of the research is caused by the fact that the author gives recommendations on how to develop the system of technical standartization based on the improvement of the law on standartization and technical regulation that implies administrative law regulation of the technical standartization system of our country based on the single federal law that should combine two applicable laws, Law on Standartization of the Russian Federation and Law on Technical Regulation.
Keywords:
technical and legal standards, safety, innovation, industry, technical standards, technical conditions, mandatory standardization, technical regulation, standard, legal administration
Reference:
Gorian E..
Peculiarities of government control in the labour sphere in the companies of the residents of the free port of Vladivostok
// Administrative and municipal law.
2017. № 11.
P. 11-20.
DOI: 10.7256/2454-0595.2017.11.24701 URL: https://en.nbpublish.com/library_read_article.php?id=24701
Abstract:
The research subject is the peculiarities of government control in the labour sphere in the companies of the residents of the free port of Vladivostok. The specificity of the legal regime of the free port of Vladivostok, characterized by decreasing the redundant control of the government bodies and the possibility of employing migrants without quotas and limitations, defines the risk of employer’s abuses in the labour sphere. The purpose of the research is to define contradictions in the international regulation of the activities of labour inspections and the legislation on the free port of Vladivostok, and to develop their solutions. To acquire the most reliable scientific results, the author uses general scientific methods (system-structural, formal-logical and hermeneutical) and specific legal methods (comparative-legal and formal-legal). These methods are used as a complex. The author concludes that the legislation about the free port of Vladivostok doesn’t conform to international obligations of the Russian Federation in the sphere of control over labour inspections. The revealed contradictions can hamper the performance of its functions by a labour inspection in the companies of the residents of the free port of Vladivostok. The author offers two ways two solve this problem. In the first case it is necessary to make changes in the corresponding subordinate acts. Otherwise, law enforcing subjects should ignore the provisions of the legislation on the free port of Vladivostok contradicting the Labour Inspection Convention.
Keywords:
International Labour Organisation, special economic zone, migration, labour inspection, free port of Vladivostok, government control, employer, resident, inspection, international obligations
Reference:
Abramov R.A..
On anti-corruption examination of normative acts of the authorities of a municipal unit
// Administrative and municipal law.
2017. № 10.
P. 66-83.
DOI: 10.7256/2454-0595.2017.10.24008 URL: https://en.nbpublish.com/library_read_article.php?id=24008
Abstract:
The research subject is the mechanism of anti-corruption examination of normative acts for the purpose of the struggle against corruption in municipal authorities. The research object is normative and other legal acts of a municipal unit. The author considers the aspects of the struggle against corruption in municipal authorities. The study demonstrates that the problem of corruption leads to weakening and reduction of the quality of the socio-economic environment. Besides, the author shows that normative acts are initially prone to be included into corruption processes and can have informal signs of corruption. Corruption covers all levels of authority. Particularly, the author gives special attention to its manifestations at the municipal level and civil society, since most socio-economic processes aimed at controlled development of cities and other territorial units are performed at this level. The research is based on the method of normative-legal analysis, where the powers of municipal authorities are limited and the possibility to define the limits of impact on lawmaking is formed. The analytical method helps define the most difficult aspects of formation of comprehensive normative acts, which would be able to resist corruption. The author describes the mechanisms of broad participation of the population in the preparation of decisions of local authorities. Particularly, they include that possibility to extend the sphere of activity of innovative forms of participation of the population and public associations such as public expertise. The further direction of development of the studies is the definition of the mechanism of realization of the results of public expertise in forecasting the actions of normative documents of municipal authorities.
Keywords:
authorities, controlling authorities, normative documents, examination, prevention, corruption, civil society, municipal unit, public expertise , development of cities
Reference:
Zhurenko V.V..
Administrative and legal status of housing inspections
// Administrative and municipal law.
2016. № 12.
P. 1002-1009.
DOI: 10.7256/2454-0595.2016.12.68526 URL: https://en.nbpublish.com/library_read_article.php?id=68526
Abstract:
The research subject is administrative and legal relations of state housing inspections. The research object is administrative and legal status of state housing inspections. The author defines the key tasks of housing inspections and notes the problems in their implementation. The author analyzes the legal novels in the sphere of housing supervision, particularly in relation to the problems of change of the title and the status of State housing inspections, using the example of Leningrad region. Special attention is given to the problem of housing supervision and control which are allotted to housing inspections. The author notes the fact that the housing control function of housing inspections was introduced by the article 20 of the Housing Code of the Russian Federation. The article considers particular issues of the peculiarities of supervision, carried out by state housing inspections in the sphere of housing maintenance and utilities. The author reveals the main problems and disputable points, arising in administrative and jurisdictional activities of the housing sphere agencies in Russia. Besides, the author analyzes administrative offences in the sphere of housing services. The research methodology is based on the scientific works of Russian lawyers, particularly, scientific publications, directly or indirectly connected with the issues of administrative and legal status of state housing inspections in Russia. The author applies the system analysis and the logical approach. The author concludes about the necessity to optimize the legislation about state housing inspections, delimitation and regulation of their actions. Among other matters, it its necessary to take into account the absence of the conceptual framework which can lead to the ambiguous understanding (voluminous interpretation) of terms (provisions), related to the legal status of state housing inspections. In the author’s opinion, at present, along with active lawmaking in this direction, it is necessary to strengthen the scientific potential of studies (including dissertational ones) of the range of theoretical provisions in the sphere of legal regulation of state housing inspections, especially related to the issues of differentiating the terms and clarifying the legal status of inspections and state housing control agencies. The author’s contribution in the development of the issue is the definition of various approaches to the model of state housing inspections’ legal status regulation.
Keywords:
control functions, housing maintenance and utilities, executive body, housing, court, public utilities, population, inspector, supervision, housing accomodation
Reference:
Bratanovskiy S.N., Lisitskaya A.V..
Administrative organization of the state system of motor vehicles management in Russia
// Administrative and municipal law.
2016. № 12.
P. 1010-1018.
DOI: 10.7256/2454-0595.2016.12.68527 URL: https://en.nbpublish.com/library_read_article.php?id=68527
Abstract:
The research subject is statutory instruments, regulating the relations in the sphere of administrative regulation of motor vehicles management in Russia. The authors consider the following problems: the presence and the level of legal support of organization and activities of motor vehicles in Russia; the objectives of motor vehicles management system; the necessity to plan and coordinate the activity of transport organizations. Special attention is paid to the study of legal gaps and collisions, to bringing the proposals about their elimination on the base of the analysis of scientific works of the leading specialists in the sphere of legal regulation of motor vehicles. The research methodology is based on the modern achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of sociological studies (statistical, expert assessments, etc.). The authors conclude that in order to achieve the high level of effectiveness of motor vehicles management in Russia, it is necessary to develop the set of statutory instruments, taking into account the specific peculiarities of this mode of transport. This process can be concluded with the development of the Code of motor transport of the Russian Federation. The scientific novelty of the work consists in the complex study of administrative aspects of motor vehicles state management.
Keywords:
planning, gaps, code, legislation, regulation, management, system, motor vehicles, coordination, improvement
Reference:
Kopylova O.P., Guseva T.A..
Government regulation of the production and distribution of alcoholic and alcohol-containing products in the Russian Federation: current condition and development trends
// Administrative and municipal law.
2016. № 11.
P. 913-921.
DOI: 10.7256/2454-0595.2016.11.68327 URL: https://en.nbpublish.com/library_read_article.php?id=68327
Abstract:
Alcohol abuse in the Russian Federation is a result of a range of negative social and economic factors. The article studies statutory instruments, regulating the production and the distribution of alcoholic and alcohol-containing products in the Russian Federation, which, along with other statutory instruments, form the system and the framework of government regulation of relations in this sphere. Particularly, the authors analyze some provisions of the Federal law of 22 November 1995 No 171 “On government regulation of the production and distribution of ethyl alcohol, alcoholic and alcohol-containing products, and on the restraint of consumption of alcoholic products”. Besides, the authors enumerate the peculiarities of introduction of the Unified State Automated Information System of accounting of the level of production and distribution of ethyl alcohol, alcoholic and alcohol-containing products in retail trade since 2016, the legislative initiatives of public authorities of the Russian Federation and the directions of activity and policies, proposed by the World Health Organization, aimed at the reduction of consequences of alcohol abuse. The authors apply such general scientific and specific research methods as dialectics, the system analysis, the sociological, statistical and comparative-legal methods. The novelty of the study consists in the analysis of the main statutory instruments in the sphere of production and distribution of alcoholic products in the Russian Federation, and the factors, influencing the legislative changes in this sphere. The authors come to the conclusion that Russian legislation in this sphere is the basis of government regulation of the production and distribution of alcohol-containing products in the Russian Federation; it is the set of statutory instruments, which are currently forming and changing.
Keywords:
statutory instruments, retail trade, USAIS, alcoholic beverage market, production and distribution, legislation, government regulation, World Health Organization, legislative initiatives, international experience
Reference:
Vinokurov A.Yu..
On the role of prosecution agencies in the implementation of the article 29.2 of the Federal Law “On the general principles of organization of legislative (representative) and executive authorities of constituent territories of the Russian Federation”
// Administrative and municipal law.
2016. № 11.
P. 922-926.
DOI: 10.7256/2454-0595.2016.11.68328 URL: https://en.nbpublish.com/library_read_article.php?id=68328
Abstract:
The research subject is the provisions of the article 29.2 of the Federal Law “On the general principles of organization of legislative (representative) and executive authorities of constituent territories of the Russian Federation”, which have defined the procedure of scheduled and unscheduled inspections of regional public authorities and their officials in the Russian Federation. The author considers the issue from the position of prosecution agencies’ participation in the process of regulation of supervision activities in this sphere by means of prosecutor’s supervision and other authorities. The research is based on the method of comparison with the provisions of the previously adopted and approved legislative provisions, the detection of contentious aspects of this legislative novel, and the prognostication of the related law enforcement problems. The author, on the one hand, approves the filling of the legislative gap in the regulation of the issues of supervision activity in relation to the local authorities and their officials, and on the other hand, detects the obvious collisions in the novels under consideration. This issue hasn’t been studied in the context of prosecutor’s activity so far.
Keywords:
distribution of powers, prosecutor, public authority, official, government supervision (control), state recording, unscheduled inspection, register of inspections, schedule the inspection
Reference:
Alkhutova E.Yu..
Topical issues of prosecutor’s supervision over the observance of entrepreneurs’ rights in land control
// Administrative and municipal law.
2016. № 10.
P. 832-835.
DOI: 10.7256/2454-0595.2016.10.68252 URL: https://en.nbpublish.com/library_read_article.php?id=68252
Abstract:
The article considers the issues of legal regulation of municipal land control, reveals the contradictions of the federal legislation, describes the peculiarities of prosecutor’s supervision over the observance of entrepreneurs’ rights by the municipal control agencies. The analysis of the published studies shows that so far, the issues of prosecutor’s supervision over the observance of entrepreneurs’ rights by municipal control agencies with account for the peculiarities of organization of such control in the context of the changed legislative regulation, haven’t been studied. The research methodology is based on the general scientific dialectical method of cognition; the author applies the system-structural, logical analysis and the comparative method. The author concludes that legislative novels should initiate the changes in law enforcement practice. In the context of the current legal instruments, prosecutor’s supervision in land control should include the issues of legality of assigning control functions to local authorities.
Keywords:
powers, supervision object, supervision organization, municipal control, protection of the rights of entrepreneurs, prosecutor, contradictions in legislation, land control, economic agent
Reference:
Alekseenko A.P..
Problems of government services regulation (the case of the Siberian Federal District)
// Administrative and municipal law.
2016. № 10.
P. 836-841.
DOI: 10.7256/2454-0595.2016.10.68253 URL: https://en.nbpublish.com/library_read_article.php?id=68253
Abstract:
The research subject is the set of provisions on government services, contained in the statutory instruments of executive bodies of Krasnoyarski krai, Kemerovo region and the Republic of Khakassia. The author studies administrative regulations on government services and the official resources of public authorities, where these regulations can be found. The author considers the “government service” concept and describes the criteria of its distinguishing from the public function, based on the federal legislation and theoretical materials. The author applies the comparative-legal and formal-legal research methods, analysis, synthesis and the statistical method. On the base of the analysis of administrative regulations of government services and the acquired statistical data, the author formulates the basic problems and detects the typical drawbacks of government services regulation. The author offers the ways to avoid such drawbacks in the future.
Keywords:
constituent territory of the federation, multiservice center, interdepartmental interaction, Siberian Federal District, executive body, public function, government service, public administration, administrative regulation, administrative reform
Reference:
Trofimova G.A..
A welfare state as an effective mechanism
// Administrative and municipal law.
2016. № 8.
P. 706-714.
DOI: 10.7256/2454-0595.2016.8.68036 URL: https://en.nbpublish.com/library_read_article.php?id=68036
Abstract:
For quite a long period of time, the representatives of different ideological schools have been disputing over the need for a welfare state and the conditions of its creation, the legitimacy of social rights distinguishing along with personal and political rights, social support for citizens, its forms, amount and the reasons for its provision. To define various aspects of the welfare state concept, the author considers the issues of such a state’s function as social assistance; the legitimacy and possibility of citizens’ social claims; the distribution of risks in social protection of citizens; the grounds of the society’s taking the responsibility of social assistance provision; the forms of social assistance which should be unconditional and publicly-funded; the problems of choice of reasons for the various forms of social support provision – social assistance, social stimulation, and social compensation. From the position of materialistic dialectics, the author applies general scientific and specific methods of cognition, particularly, the logical, formal-legal and system. The demonstrated welfare state concept, in the author’s opinion, will, to a significant extent, whittle away the existing violations of the principle of equality, provide the possibility for personal self-fulfillment, create the conditions for stability and living standard growth, and help improve the legislation in the sphere of ensuring the citizens’ right to social support.
Keywords:
social responsibilities of citizens, social rights, state functions, social stimulation, social compensation, social assistance, social support, welfare state, state policy, principle of equality of citizens
Reference:
Nikitin V.V..
Foreign construction companies in self-regulated organizations: issues of management
// Administrative and municipal law.
2016. № 7.
P. 580-584.
DOI: 10.7256/2454-0595.2016.7.67948 URL: https://en.nbpublish.com/library_read_article.php?id=67948
Abstract:
The article considers the issues of foreign construction companies’ membership in self-regulated organizations in the field of construction. The author analyzes the provisions of the current Russian legislation regulating relations in the field of a foreign organization’s admission to construction activity. The research subject includes the differences and similarities between qualification requirements, procedures and the status of self-regulated organizations of foreign construction organizations and residing organizations. The author pays attention to the issues of safety ensuring in construction via administrative public legal methods. The study is carried out from the position of administrative and entrepreneurial law, taking into account that the problem of self-regulation in safety ensuring is based on the combination of regulation by public-legal and civilized means. The author concludes that the foreign construction organizations’ legal status regulation in the Russian Federation is carried out primarily by substatutory acts and contains numerous gaps; still the self-regulated organization membership, from the point of law, doesn’t require the establishment of a branch or representational office in Russia. The current legal provisions, perhaps, indirectly restrict the right of foreign construction organizations’ permit to construction activities (general contract).
Keywords:
private international law, technologies, investments, safety, representational office, branch, foreign construction organizations, self-regulated organization, design, construction
Reference:
Trofimova G.A..
Federal state agencies system of the Russian Federation
// Administrative and municipal law.
2016. № 5.
P. 423-432.
DOI: 10.7256/2454-0595.2016.5.67701 URL: https://en.nbpublish.com/library_read_article.php?id=67701
Abstract:
There is a system of federal state agencies in the Russian Federation. According to the Constitution, some of them are formalized as the agencies of state power; the status of others is described mainly in laws without a clear position within the state agencies hierarchy. At the same time, it is necessary to clarify the correlation of the order of formation of a state agency, its function, authorities and responsibility for non-fulfillment. There should exist a particular system of formation and interaction of the agencies which are the basis of the state structure, the agencies which are responsible for maintaining their work, and the agencies complementing the execution of authoritative powers. Therefore it is necessary to create a logically structured system of state agencies. The author of the study applies general scientific and specific research methods including logical, technical, comparative, and system. The author outlines the following systems of federal state agencies formation: the system of agencies of state power, the system of supervisory state agencies, the system of auxiliary state agencies, the system of state agencies without autonomous authorities, the system of representative agencies, the system of bodies controlled by a definite branch of authority. The author outlines some drawbacks of the existing order of interaction between federal state agencies.
Keywords:
system of authorities, state agencies system, election commission, Russian Presidential Executive Office, Audit Chamber of the Russian Federation, Investigative Committee of the Russian Federation, Public Prosecution Office of the Russian Federatio, Commissioner, supervisory agencies, principle of separation of powers
Reference:
Voronin S.A..
Supervisory function of the Prosecution Service (theoretical aspect)
// Administrative and municipal law.
2016. № 5.
P. 433-438.
DOI: 10.7256/2454-0595.2016.5.67702 URL: https://en.nbpublish.com/library_read_article.php?id=67702
Abstract:
The research subject is the supervisory function of the Russian Prosecution Service. The research object is the Prosecution Service of the Russian Federation. The author considers such aspects as the role and the function of prosecution agencies which help to implement the tasks and to achieve the objectives of the general prosecution agency. The author applies the method of historical and legal analysis to prove that the functions of the Prosecution Service have been forming gradually, together with the social relations formation. In terms of the fact that the Prosecution Service is, according to the law, a system of agencies, the effectiveness of its supervisory activities should also have a system character, i.e. it should be ensured by the productive structural and functional linkages of all elements of the prosecutor’s supervision system. The research methodology is based on the analysis of the current legislation in the sphere of prosecutor’s supervision via use of the retrospective historical and legal and doctrinal analysis. The author substantiates the modern understanding of the function of prosecutor’s supervision, reveals the development trends of the supervisory function of the Russian and the Soviet Prosecution Service, and concludes about the historical grounds of impracticality of its reduction. The novelty of the research consists in the introduction and explanation of the term “prosecutor’s supervision mechanism”; the author reveals the disputable and contradictory character of some provisions contained in the related literature. Special attention is paid to the issues of supervisory activity priorities. This problem is studied using the example of struggle against terrorism and supervision over the so-called resonant cases. The author advises eliminating such a definition from the law enforcement practice. The author concludes about the fragmentarity of particular elements of prosecutor’s supervision mechanism studying, about the topical and even opportunistic understanding of supervision, the stop-and-go style, especially in the new decrees of the Prosecutor General actualizing particular spheres and objects of supervision.
Keywords:
prosecution service, supervisory, function, object, supervision, mechanism, law, state functions
Reference:
Bratanovskiy S.N., Zelenov M.F..
Discretionary powers as a corruption factor within the system of executive authorities
// Administrative and municipal law.
2016. № 4.
P. 311-315.
DOI: 10.7256/2454-0595.2016.4.67629 URL: https://en.nbpublish.com/library_read_article.php?id=67629
Abstract:
The research object covers social relations arising in the process of exercise of powers by executive authorities. The research subject is the range of legal norms defining the discretionary powers of the officials. The authors analyze the discretionary authorities in the process of executive decision-making as a possible corruption element of such decisions. Special attention is paid to the authors’ position on the essence of this legal category. The authors state that discretionary powers become a factor, provoking the improper behavior (including the cases of bribery) of an official, when its limits are not clearly defined, or the criteria of its application are absent. The research methodology comprises general scientific methods (dialectics, analysis synthesis), and special methods (technical, system-structural, and comparative-legal). They allow carrying out a comprehensive and complex analysis of the research subject, formulate theoretical generalizations, offer practical recommendations, and formulate the conclusions. The dialectical approach was largely applied for the analysis of the contradictory character of a managerial discretion. The authors conclude that the exercise of executive function, like any other governmental function, is not possible without a certain space for a free discretion (administrative discretion); the existence of discretionary powers presupposes the freedom of discretion of an official within the legal framework; in the authors’ opinion, discretionary powers should be considered as a specific form of law enforcement activity. It shouldn’t be the matter of a radical elimination of law enforcement discretion, but the matter of development and legal consolidation of the criteria of a proper exercise of such powers.
Keywords:
corruption, discretionary powers, executive authority, discretion, exercise, organization, accretion of power, powers, argument, legislator
Reference:
Lapina M.A., Karpukhin D.V..
Scientific and methodological analysis of the problem aspects of systematization of functions and responsibilities of federal executive authorities
// Administrative and municipal law.
2016. № 4.
P. 316-329.
DOI: 10.7256/2454-0595.2016.4.67630 URL: https://en.nbpublish.com/library_read_article.php?id=67630
Abstract:
The research subject is the analysis of the current legislation regulating the legal status of federal executive authorities, and the analysis of the existing approaches to defining their essence, functions and responsibilities. The methodology of systematizing functions and responsibilities will serve as a basis for the development of classification models for the functions and responsibilities of executive authorities and the methodology of their preparation and processing. The need for the classifier of functions and responsibilities of executive authorities is determined by the purposes of optimization of public (municipal) administration in the respective spheres and a qualitative improvement of the procedures of interaction between the state and physical and legal entities. The research methodology is based on the recent achievements of epistemology. The authors apply general scientific and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), the methods of segmentation, classification, and correlation, and the comparative method. The authors conclude that it is necessary to correlate the departmental functions and the private (specific) responsibilities of executive authorities by means of the correlation method based on the paradigm admitting the universalism of private (specific) functions for the sectoral (departmental) functions of executive authorities. The authors develop the methodology of systematizing the functions and responsibilities of federal executive authorities and the methodology of preparation and processing the classifier of functions and responsibilities of the executive agency for the purpose of optimizing the public (municipal) administration in the respective spheres and a qualitative improvement of the procedures of interaction between the state and physical and legal entities.
Keywords:
administration, management, subjects of administration, executive authority, systematization, function, responsibilities, methodology, classifier, modern information technologies
Reference:
Grishkovets A.A..
The Reserve Fund of the Government of the Russian Federation: legal condition, the order and the practice of budget appropriations allocation
// Administrative and municipal law.
2016. № 4.
P. 330-337.
DOI: 10.7256/2454-0595.2016.4.67631 URL: https://en.nbpublish.com/library_read_article.php?id=67631
Abstract:
The research subject is the range of legal and organizational problems of forming and using the reserve fund. The author considers the order and the practice of budget appropriations allocation. The author analyzes the concepts of legal regulation of financial relations connected with the order of forming and using the reserve fund. The paper considers the intended use of the reserve funds of the Government of the Russian Federation. Special attention is paid to the problem of the reserve fund expenditures. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of public finance, it is necessary to improve forms and methods of budget regulation. The author proclaims the necessity to develop legal regulation of budget regulation. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of financial relations.
Keywords:
appropriations, formation, income, expenditures, reserve, budget, Fund, government, grant, practice
Reference:
Kurakin A.V., Polukarov A.V., Smirnova V.V., Milievskaya E.B..
Legal regulation of public-private partnership in the sphere of public health
// Administrative and municipal law.
2016. № 3.
P. 234-247.
DOI: 10.7256/2454-0595.2016.3.67521 URL: https://en.nbpublish.com/library_read_article.php?id=67521
Abstract:
The article considers legal and organizational issues of applying the mechanisms of public-private partnership in the sphere of public health in the light of the new federal law No 224. The authors analyze the latest amendments to statutory instruments regulating public-private interrelations in the Russian Federation. The analysis of bibliography on the issue reveals the main problems of application and directions of development of public-private partnership in the sphere of public health. The main attention is paid to the development of methods and methodology of legal regulation of public-private partnership in the sphere of public health. The authors analyze the concepts of development of law and medicine in the modern conditions. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods used in specific sociological research (statistical, expert assessments, etc.). The authors conclude that at present, in order to develop public-private partnership in the sphere of public health, it is necessary to improve forms and methods of its application. The authors also claim that it is necessary to develop public-private partnership in the sphere of public health. The novelty of the study lies in the proposals about the development of forms and methods of public-private partnership in the sphere of public health and the establishment of legal and organizational guarantees of law and order in this sphere.
Keywords:
state, concession, medical aid, municipal-private partnership, public-private partnership, public health, law, medicine, aid, health
Reference:
Larichev A.A..
Regional special purpose bodies in Canada
// Administrative and municipal law.
2016. № 2.
P. 155-159.
DOI: 10.7256/2454-0595.2016.2.67412 URL: https://en.nbpublish.com/library_read_article.php?id=67412
Abstract:
The research object is the institution of autonomous regional special purpose bodies in Canada. The research subject is the range of regulatory sources and scientific and analytical literature in the sphere of the research. The author pays special attention to such issues as the history of foundation of special purpose bodies in Canada; their organizational differences from municipal governments; their constitutional status; their role in the system of municipal governments. The author applies the method of analysis of legal sources, regulating the status of autonomous regional special purpose bodies. The author also applies the comparative legal method when studying the peculiarities of forming and financing such bodies in Canada and the USA. The author comes to the conclusion about the differences between special purpose bodies and municipal governments, including the possibility of constitutional protection of some special purpose bodies, in contrast to the conventional municipal governments. In spite of the fact that these bodies are wide spread, their role in municipal governments system is ambiguous and needs further analysis.
Keywords:
agencies, boards, commissions, constitutional status, legal nature, municipal government, Canada, special purpose bodies, provinces, autonomy, USA, special districts
Reference:
Ryabchenko O.N..
Development of Russian legislation on crimes against the administrative order in the 10th – the early 19th centuries
// Administrative and municipal law.
2016. № 1.
P. 72-80.
DOI: 10.7256/2454-0595.2016.1.67341 URL: https://en.nbpublish.com/library_read_article.php?id=67341
Abstract:
The article is devoted to the analysis of the main stages and directions of Russian criminal legislation on crimes against the administrative order. The author studies Russian historical legal documents, demonstrates the connection of the history of the studied crimes with the evolution of the state. The author defines the prerequisites to differentiation of official malfeasances and managerial crimes and their classification as general or specific. The author notes that the increase of normative data on components of crimes against the administrative order is closely connected with the structure of relations between the person and the state and with the level of the state system bureaucratization. The research is based on the dialectical method of cognition combined with the system-logical, formal-legal, comparative-legal and historical analysis. The author also applies the methods of analysis, synthesis, modeling, prognostication, statistical and sociological methods, the principle of unity of the subject and the method of research, and the principle of scientific correctness. The novelty of the study consists in the conclusion that during the period under consideration, Russian law hadn’t only generalized the experience of the previous times, but systematized crimes against the administrative order; this systematization simultaneously was defined by and promoted defining the true legal nature of those crimes.
Keywords:
historical legal documents, systematization of law, history of law, official malfeasance, administrative order, crime, criminal law, public safety, arbitrariness, state violations
Reference:
Peshkova Kh.V..
Combination of competences of executive and legislative authorities in the budget system of the state
// Administrative and municipal law.
2015. № 12.
P. 1254-1260.
DOI: 10.7256/2454-0595.2015.12.67152 URL: https://en.nbpublish.com/library_read_article.php?id=67152
Abstract:
The article analyzes the peculiarities of realization of the principle of division of powers in the budget system of the state; the structure of authorities involved in budgeting. The article is also devoted to a special feature of the legal status of the state, municipal units and their authorities – budget competence (budget rights and duties). The author considers budget competence as a special element of the budget system of modern Russia. The issues, considered in the article, are among the urgent problems of financial and legal science. The methodology of the research comprises general scientific methods (analysis, synthesis, abstraction and concretization) and special scientific methods (formal-logical, comparative-legal, system-structural, historical-legal, logical methods and legal modeling). The novelty of the research lies in the formulation of an approach to the structure of elements of budget system, taking into consideration that the concept of budget system is not explained in the existing legislation; in the analysis of a nature of budget system from the positions of the principle of division of powers with the emphasis on realization of executive and legislative authorities in the sphere of budget relations.
Keywords:
budget competence, financial law, budget legal status, budget law, the Federal Assembly, budget rights, principle of division of powers, budget system of the state, budget, budgeting
Reference:
Shamshutdinova A.R..
Executive authorities system in cultural sphere
// Administrative and municipal law.
2015. № 12.
P. 1261-1270.
DOI: 10.7256/2454-0595.2015.12.67153 URL: https://en.nbpublish.com/library_read_article.php?id=67153
Abstract:
The subject of the research is an executive authorities system in cultural sphere. The author considers the concept and the content of cultural policy as an important instrument of implementation of aims of socio-economic development of the society; studies the system of executive bodies in cultural sphere; substantiates the reasonability of creation of a wide range of subjects of cultural policy allowing a more thorough consideration and satisfaction of their need for group and individual goods. The author applies the method of analysis of normative-legal base and the empirical method of survey. The study considers not only laws, subordinate regulatory acts of Russia, but also documents of interregional and international level. The author outlines the subjects of cultural policy on different levels, using all recent changes of and amendments to the legislation concerning cultural sphere. The author concludes about the modern state of cultural policy, the ways of its formation and development, considers the aims of cultural policy with regard to its subjects, outlines its priorities and the main mechanisms of their implementation. The author argues the necessity to consider organs of government of different levels, non-profit organizations, private structures and international cultural organizations as the subjects of cultural policy.
Keywords:
cultural activity, quality of government services, government services, executive authorities, administrative legal regulation, cultural policy, culture, subjects of cultural policy, municipal authorities, International cultural organizations
Reference:
Logvinova I.V..
Public administration in the sphere of coordination of international and foreign-economic relations of Russian regions
// Administrative and municipal law.
2015. № 11.
P. 1149-1156.
DOI: 10.7256/2454-0595.2015.11.67087 URL: https://en.nbpublish.com/library_read_article.php?id=67087
Abstract:
The article focuses on the models and functions of public administration in the sphere of coordination of international and foreign-economic relations of Russian regions. In the modern geopolitical conditions, when Russia is under the sanction pressure of certain states, the study of the existing system of coordination of international relations of Russian regions and the efficiency assessment of the regional authorities’ impact is of a particular interest. Russian regions define their models of public administration in the mentioned sphere independently, thus the existing diversity of organizational grounds of this administration can be combined in four basic models. The author applies the functional, formal logical, comparative-legal and other research methods; they allow defining a particular organizational composition of public administration on the regional level in the sphere of international relations. The author offers to outline various models of public administration in this sphere on the base of the analysis of a significant number of normative-legal acts and the practice of realization of regional international and foreign-economic relations coordination. The author defines the functions of regional authorities in the sphere of international relations; formulates the recommendations about the criteria of public administration efficiency assessment.
Keywords:
federation, government body, state authorities, public administration, foreign economic relations, international relations, region, state, Constitution, public authority
Reference:
Fedotov V.V..
Problems of differentiation between state services and state functions in Russia
// Administrative and municipal law.
2015. № 11.
P. 1157-1163.
DOI: 10.7256/2454-0595.2015.11.67088 URL: https://en.nbpublish.com/library_read_article.php?id=67088
Abstract:
The subject of the research covers the principles of division of the activities of public administration into state functions and state services. Particular attention is paid to the origins of the concepts “state service” and “public service” in the Russian legislation; the author carries out the comparative analysis of legal grounds and the content of state functions and services in the civil and administrative legislation. The author considers the list and the content of some state services rendered by “Rosreestr”. The author studies their content and interrelation with civil and constitutional rights of citizens and administrative responsibility. In this research the author applies the historical and comparative methods to study the legal norms, along with the methods of analysis and synthesis. The author supposes that division of the public authorities’ activities into state functions and state services should be derived from the existing principles of regulation of services and functions, and a broad interpretation of administrative process. In the author’s opinion, the public bodies’ implementation of their authorities, especially in the spheres of licensing and registration procedures, should be considered at state functions. The author ascertains that in some cases a state function acquires the features of an administrative prescription. The author formulates the definition of a state function in the context of state services and suggests applying the term “state services”.
Keywords:
state service, state function, public service, administrative regulation, administrative process, Rosreestr, registration of rights, administrative reform, service state, state service
Reference:
Yuvchenko S.V..
Formation of the Federal service of court bailiffs of the Russian Federation and its development in 2004 – 2008
// Administrative and municipal law.
2015. № 10.
P. 1050-1054.
DOI: 10.7256/2454-0595.2015.10.66968 URL: https://en.nbpublish.com/library_read_article.php?id=66968
Abstract:
The subject of the research includes normative legal acts, regulating the organization and activities of bodies of compulsory execution of judicial acts and acts of other bodies in the Russian Federation in 2004 – 2008, as well as statistical data and materials of law enforcement practice. The object of the research is the range of public relations arisen in the process of formation and development of these bodies during the mentioned period. The article analyzes the problems of formation and development of the Federal service of court bailiffs of the Russian Federation (2004-2008) in the context of the administrative reform carried out in this period, as well as the reform of enforcement proceedings of 2007. The author studies the main results of these reforms and their impact on the effectiveness of enforcement proceedings in the Russian Federation. The paper identifies the key advantages and shortcomings of the existing system of enforcement authorities. The author uses the general and specific scientific methods of cognition. General scientific methods (analysis, synthesis, comparison, induction, deduction, etc.) helped to identify the main trends and regularities of development of the studied object. Specific scientific methods (formal-legal, comparative legal, systemic-structural, statistical, sociological) provided the opportunity to identify, describe and reproduce the phenomena under investigation, to compare them in order to reveal the similarities and differences. As a result of the conducted research the author comes to the following conclusions. The formation of the Federal service of court bailiffs as a result of administrative reform of 2004 has not led to its finalization. The service was not officially recognized as a supervisory authority, it did not become a law enforcement body. In fact, the body was finally formed only in 2008 when the supervisory authorities were granted to the baiiffs.
Keywords:
Executive proceedings, bailiff, formation, development, efficiency, administrative reform, compulsory execution, bailiff service, control, supervision
Reference:
Lichkovakha A.V..
Key effectiveness rates of the Children’s Rights Commissioner’s activities in the Russian Federation (the case of Far Eastern Federal Okrug)
// Administrative and municipal law.
2015. № 10.
P. 1055-1060.
DOI: 10.7256/2454-0595.2015.10.66969 URL: https://en.nbpublish.com/library_read_article.php?id=66969
Abstract:
The article focuses on the activities of the Children’s Rights Commissioner in Far Eastern okrug of the Russian Federation. The author analyzes normative legal acts regulating the work of Children’s Rights Commissioners, and defines the system of key rates of their activities. These rates are important for the assessment of their own work and for the comparison with the activities of Commissioners of other regions. Therefore, the author takes into consideration only the rates, common for all Commissioners. The author applies the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and sociological methods. The novelty of the research consists in the development of key effectiveness rates for the activities of the Children’s Rights Commissioner on the base of the analysis of normative-legal acts of Far Eastern okrug of the Russian Federation. This system of rates is not complete, but it is a necessary instrument of Commissioners’ work improvement.
Keywords:
Criterion, Protection, Care, Parents, Children, Child, Commissioner, effectiveness, rate, Police
Reference:
Sidorov E.I..
The Federal customs service as a subject of administrative jurisdiction
// Administrative and municipal law.
2015. № 10.
P. 1061-1066.
DOI: 10.7256/2454-0595.2015.10.66970 URL: https://en.nbpublish.com/library_read_article.php?id=66970
Abstract:
The article is devoted to legal description and features of administrative and jurisdictional activity of customs authorities. The author investigates the legal basis and the types of administrative - jurisdictional proceedings, the order of their registration and their role and importance in the activities of customs bodies in the Customs Union within the Eurasian Economic Union. The article focuses on the legal and organizational problems of administrative and legal regulation of administrative proceedings. The author carries out the theoretical and legal analysis of the concepts of administrative and jurisdictional activity. The main attention is paid to the development of methods and methodology of administrative proceedings in the customs sphere. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the customs sphere it is necessary to improve the forms and methods of procedural activities of customs bodies. The author speaks about the necessity to develop administrative-legal regulation of administrative proceedings. The novelty of the research lies in the suggestions about the development of forms and methods of public regulation of customs activities and the provision of legal and organizational guarantees of legality in the sphere of customs administration.
Keywords:
law, proceedings, code, Union, offence, liability, subject, service, coercion, custom
Reference:
Basiev M.S..
On the improvement of organizational base of local government in the Russian Federation
// Administrative and municipal law.
2015. № 9.
P. 929-937.
DOI: 10.7256/2454-0595.2015.9.66883 URL: https://en.nbpublish.com/library_read_article.php?id=66883
Abstract:
The object of the research is the organizational base of local government in the Russian Federation. The author studies the role of the head of a municipality in the system of local governments interaction. The basic hypotheses of the research are the necessity to clearly differentiate representative and executive powers on local level and the admittance of a common nature of public authority on all its levels. The existing federal legislation admits the possibility of existence of the head of a municipality who is at the same time the chairperson of a representative body, the situation, unreasonable from the position of local government efficiency. The methodology is based on the study of the current legislation and law-enforcement practice (formal-legal and analytical methods) and on the consideration of the history and the tendencies of development of Russian legislation (historical-legal and dialectical methods). The author substantiates the problem of the existing legal model of regulation of organizational base of local government in the Russian Federation, and develops suggestions about federal legislation amending in order to eliminate the possibility to combine the positions of the head of a municipality and the chairperson of a representative body. This study is one of the first works in Russian political science aimed at the solution of this problem.
Keywords:
executive power, public authority, separation of powers, local administration, representative body, local government, Head of Municipality, municipality, local government, combination of posts
Reference:
Zanko T.A..
Topical issues of federal executive bodies functioning in the Russian Federation
// Administrative and municipal law.
2015. № 9.
P. 938-945.
DOI: 10.7256/2454-0595.2015.9.66884 URL: https://en.nbpublish.com/library_read_article.php?id=66884
Abstract:
The study considers the existing peculiarities of legal regulation of the system and structure of federal executive authorities, and interaction of the President and the Government of the Russian Federation. The article analyzes the trends of reforming of federal executive authorities, in particular, the creation of territorial ministries, reconstruction of state committees, optimization of the structure of federal bodies of executive power by means of consolidation and transmission of their functions to the state corporations. Particular emphasis in the article is made on the necessity of legislative regulation of the system and structure of federal executive authorities.The study uses the legal, structural, functional, and historical methods, which provide a comprehensive analysis of trends of the system and structure of federal executive authorities development.As the result of the study the following peculiarities of the Russian Government are formulated: the reconstruction of the Government Presidium, a unique combination of posts of a Deputy Prime Minister and a Presidential Envoy, the presence of Ministers of «dual subordination» and ministers «without portfolio» in the Government. The article also analyzes the tendency of revision of the administrative reform results by providing the executive bodies of the tripartite system with some non-core functions.
Keywords:
federal agencies, federal ministries, territorial ministries, administrative reform, executive authorities, Government, President, federal services, public administration, federal authorities
Reference:
Konysheva E.G..
Two-tier model of local government: problems and prospects
// Administrative and municipal law.
2015. № 9.
P. 946-951.
DOI: 10.7256/2454-0595.2015.9.66885 URL: https://en.nbpublish.com/library_read_article.php?id=66885
Abstract:
The subject of the research is a two-tier model of local government. The author analyzes the recent changes of the Federal Law “On the common principles of local government organization in the Russian Federation” which introduces new types of municipal entities – a city district with an intracity division, and an intracity area, thus creating the preconditions for the general application of a two-tier model of local government. Within this system the possibility to introduce the elements of public management is considered. The author touches upon the issues of interaction between local governments and public authorities within this two-tier model and offers their legislative settlement. The author uses, mainly, the method of scientific modeling which allows creating the most appropriate local government model. The author suggests the local government model with the elements of public management and formulates the principles of interaction between local governments and public authorities within the two-tier model which are aimed at the provision of local governments’ independence and their active cooperation.
Keywords:
urban agglomerations, public authorities, reforms, intracity area, city district, settlement, municipal district, two-tier local government, interlevel management, principles of interaction
Reference:
Yuvchenko S.V..
The formation of the Federal service of court bailiffs of the Russian Federation and its development in 2004 – 2008
// Administrative and municipal law.
2015. № 9.
P. 952-957.
DOI: 10.7256/2454-0595.2015.9.66886 URL: https://en.nbpublish.com/library_read_article.php?id=66886
Abstract:
The subject of the research includes normative legal acts, regulating the organization and activities of bodies of compulsory execution of judicial acts and acts of other bodies in the Russian Federation in 2004 – 2008, as well as statistical data and materials of law enforcement practice. The object of the research is the range of public relations, arisen in the process of formation and development of these bodies during the mentioned period. The article analyzes the problems of formation and development of the Federal service of court bailiffs of the Russian Federation (2004-2008) in the context of the administrative reform carried out in this period, as well as the reform of enforcement proceedings of 2007. The author studies the main results of these reforms and their impact on the effectiveness of enforcement proceedings in the Russian Federation. The paper identifies the key virtues and shortcomings of the existing system of enforcement authorities. The author uses the general and specific scientific methods of cognition. General scientific methods (analysis, synthesis, comparison, induction, deduction, etc.) helped to identify the main trends and regularities of development of the studied object. Specific scientific methods (formal-legal, comparative legal, systemic-structural, statistical, sociological) provided the opportunity to identify, describe and reproduce the phenomena under investigation, to compare them in order to reveal the similarities and differences. As a result of the conducted research the author comes to the following conclusions. The formation of the Federal service of court bailiffs as a result of administrative reform of 2004 has not led to its finalization. The service was not officially recognized as a supervisory authority, it did not become a law enforcement body. In fact, the body was finally formed only in 2008 when the supervisory authorities were granted to the baiiffs.
Keywords:
compulsory execution, administrative reform, efficiency, development, formation, bailiff, Executive proceedings, bailiff service, control, supervision
Reference:
Irkhin I.V..
On the issue of two-level model of local government organization in city districts
// Administrative and municipal law.
2015. № 7.
P. 684-690.
DOI: 10.7256/2454-0595.2015.7.66659 URL: https://en.nbpublish.com/library_read_article.php?id=66659
Abstract:
The paper analyzes the legislative changes aimed at the creation of a two-level model of local government organization in city districts. The author outlines the possible problems of solution of local problems in the process of creation of city districts with itracity division and intracity areas. The author points out the necessity of specification of the criteria for division of city districts with intracity division into intracity areas, and of regulation of the order of intracity areas interaction with each other and with a city district. The author argues that it is unnecessary to allot the status of intracity area to any attachable settlement. The use of the inductive, analytical and comparative methods allowed formulating the position according to the possible perspectives of practical inclusion of city districts with intracity division and of intracity areas into the format of local government of the Russian Federation. On the base of the dialectical method the paper reveals the contradictions and inconsistences of legislative approaches to the creation of a systematized and structured base of executive bodies of local government on the level of city districts with intracity division and intracity areas. The novelty of the research lies in the study of issues of correlation between theoretical-legal and practical use of city districts with intracity division and intracity areas, and enumeration of facts reflecting the unity and continuity of city economy. The author formulates the conclusions about the necessity to specify the interaction between local governments of a city district with intracity division and intracity areas (vertically), and of intracity areas between each other (horizontally).
Keywords:
transformation, city economy, head of local administration, representative body, local administration, region, intracity area, city district, settlement, federal law
Reference:
Karpov V.A..
On the issue of a formal criterial complex in the assessment of a modern Russian model of law-governed state
// Administrative and municipal law.
2015. № 6.
P. 588-593.
DOI: 10.7256/2454-0595.2015.6.66576 URL: https://en.nbpublish.com/library_read_article.php?id=66576
Abstract:
The subject of the research is a formal criterial complex helping to assess the fulfillment of the concept of law-governed state in Russia. The essential features of a law-governed state form a unity of four criterial complexes: the ideological criterial complex, the formal criterial complex, the practical criterial complex, and the psychological criterial complex. The formal criterial complex is of a special importance for the assessment of a modern Russian law-governed state as the most practically achievable by means of a direct governmental impact and measures aimed at the legislation enhancement. Legislation reforming should be based on the concept of consultative democracy as a means of provision of a wide participation of citizens in the processes of the law-governed state formation. First of all, it is necessary to provide the premises for a wider use of the institution of referendum in the Russian governmental and legal practice. One of the measures of legislation enhancement is the creation of the institution of civil assemblies dealing with the problems of electoral reform on local and regional levels. The methodology of the research is based on the fundamental provisions of the theory of state and law, the comparative analysis of research principles of different schools and scientific directions, the method of analysis of the existing studies, the traditional methods of scientific cognition (deduction, induction, comparison, the systems method, etc.), and the special scientific methods such as the formal logical and the historical methods. The author offers the ways of Russian legislation and law-enforcement practice enhancement which can further the compliance with the formal criterial complex. The author substantiates the necessity of the Federal Constitutional Law of 28.06.2004 “On the Referendum of the Russian Federation” amending with the regulations, moderating the conditions and requirements for the organization of referendums. It will allow a wider use of a potential of this form of consultative democracy in Russia. The author offers to adopt a federal law on the establishment of a consultative institution of civil assembly dealing with the questions of electoral reform in the Russian Federation. On the base of the analysis of the voting system functioning in Russia the author offers to adopt a positive foreign experience of electronic voting and the practice of Russian experiments in this sphere in electoral process on the state level.
Keywords:
law, statehood, formal criterial complex, consultative democracy, referendum, electronic voting, political and legal life, ideology, rights and freedoms, governmental impact
Reference:
Doynikov I.V..
The experience of state-building in the USSR and the People's Republic of China
// Administrative and municipal law.
2015. № 5.
P. 482-487.
DOI: 10.7256/2454-0595.2015.5.66444 URL: https://en.nbpublish.com/library_read_article.php?id=66444
Abstract:
1. The article focuses on the legal and organizational problems of state building in the USSR and China. The object of the article is the circle of social relations associated with reforming of the economy and social sphere in the system of public administration. The author of the article pays special attention to the forms and methods of public administration reform in the USSR and the People's Republic of China. Special attention is paid to the theory of the problem, as well as to the system mistakes that had been made in the public administration in the period of perestroika. 2. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the methods used in special sociological research..3. The main conclusions of the study relate to the improvement of legal organizational problems of public administration. The novelty of the paper lies in the fact that from various positions it gives a comprehensive assessment of the restructuring of the times of the 1980s. Special contribution of the article is that it continues the study of the system crisis of the post-Soviet law, initiated by the author in previous publications, where he had systematically revealed some problems of modern Russian statehood and set them out in the Programme of the course "Problems of state and law in transition".
Keywords:
reform, power, government, law, crisis, system, perestroika, China, management, reforming
Reference:
Bocharova N.N..
Legal status of district departments of federal executive authorities
// Administrative and municipal law.
2015. № 4.
P. 388-393.
DOI: 10.7256/2454-0595.2015.4.66316 URL: https://en.nbpublish.com/library_read_article.php?id=66316
Abstract:
The article considers the problems of functioning of executive authorities structure of the Russian Federation. The author defines a separate level of authority in modern Russia - a district one. The author studies the work of particular federal executive authorities (the Ministry of Internal Affairs, the Federal Tax Service and others) in order to study the dynamics of legal status of district departments of these authorities. The author makes an attempt to analyze their principles of organization. The author adduces the opinion about the decentralization and deconcentration of federal executive authorities under the influence of federal districts. The author concludes about the absence of unification in the process of the territorial bodies establishing on the level of regions and federal districts. The general theoretical and the special methods of cognition are used: analysis, synthesis, the logical method, dialectics, the method of comparative jurisprudence and expert assessments. The conclusions and generalizations are made. This topic has been urgent since 2000 - since the creation of federal districts. But after 14 years and in the result of administrative reform, the unification of legal status of territorial departments of federal executive authorities hasn't increased, and this problem complicates the state machinery functioning. The conclusions contain the assessment of the status of district departments of federal executive authorities and some suggestions for optimization their functioning optimization.
Keywords:
territorial bodies, district departments, federal districts, regions of the Russian Federation, federal authorities, executive authority, deconcentration, decentralization, plenipotentiary, local government
Reference:
Troshchinsky, P. V..
Administrative Reform in China: Political and Legal Aspects
// Administrative and municipal law.
2014. № 12.
P. 1264-1270.
DOI: 10.7256/2454-0595.2014.12.65811 URL: https://en.nbpublish.com/library_read_article.php?id=65811
Abstract:
This article is devoted to research into political and legal aspects of the administrative reform carries out by
the leadership of China since 2012. It points out the key objectives of the reform, which are reduction of administrative
authorities and the number of their staff, reduction ad simplification of authorization procedures, and delegation of
some powers to local executive authorities. The objective of the administrative reform is not only reduction of the costs
of maintaining the administrative staff, reduction of the number of authorization procedures and administrative barriers,
but, most importantly, support for the economic transformation carried out in the country. To achieve that, the
procedure of opening and further developing small and medium-sized business in China is seriously simplified, barriers
to sourcing investment into the country’s economy are removed. In incomplete two years of reform in China, the special
economic zone was open in Shanghai, hundreds of authorization procedures were abolished, the number of administrative
staff was reduced. All this has the most positive effect on the social and economic development and internal political
stability of China. The article uses the comparative legal method, formal logic, historical legal and special legal method. It
analyses the specifics of the administrative reform in China. The scientific novelty of this research is in the analysis of the
administrative reform carried out in China through the lens of the political and legal aspects. It makes the conclusion that
reduction of administrative barriers, the number of authorization procedures makes it possible for the Chinese entrepreneurs
to get more actively involved in the economic life of the country, open and develop their businesses, which greatly
increases employment levels, thus soothing down the social tension in the society. Reduction of the number of ministers
and administrative staff significantly reduced the financial burden of the central and local budgets.
Keywords:
administrative reform, politics, legal system, administrative law, Chinese law, comparative legal science, combat against corruption, administrative barriers, legislation, executive authority.
Reference:
Belousova, E. V..
Specific Legal Aspects when Implementing Public Functions by Public Authorities
// Administrative and municipal law.
2014. № 12.
P. 1271-1276.
DOI: 10.7256/2454-0595.2014.12.65812 URL: https://en.nbpublish.com/library_read_article.php?id=65812
Abstract:
This article considers the matters related to the activities of public authorities acting as legal entities. It reflects
the specific features of their functioning as participants of civil-law relationship when implementing public-law powers.
The work analyses various approaches to regulating the participation of public regional entities and their bodies in civillaw
relationships in Russia and other countries. It researches into the rules of law and local regulations on the status
of the public authorities as legal entities. It also considers the practice of vesting with rights of legal entities of public
regional bodies in general and some of its bodies. Methodologically, this article is based on the modern achievements
of the research theory. In this research, the author used theoretical, general philosophical methods (dialectics, systematic
method, analysis, synthesis, analogy, deduction, observation, modeling), conventional legal methods (formal logic)
and the methods used in specific sociological research (statistical, expert review etc.). The article identifies the common
characteristics and peculiarities of public authorities. It also, in the comparative legal respect, touches upon the matters
associated with the attributes of responsibility of public authorities as legal entities in Russia and in other countries, including
criminal responsibility. Public authorities (of various territorial levels in federative states and local (municipal)),
when exercising their public-law functions in Russia and abroad, often become the subjects of private-law relationships.
Keywords:
power, public, competence, management, private, position, function, education, attitude, self-government.
Reference:
Kalinina L. E..
Persuasion as a Method of Public Administration
// Administrative and municipal law.
2014. № 11.
P. 1170-1174.
DOI: 10.7256/2454-0595.2014.11.65679 URL: https://en.nbpublish.com/library_read_article.php?id=65679
Abstract:
The author considers persuasion as a necessary method of public administration of economy. Enforcement of
legal rules is more efficient with positive support by the subjects of relationships at law and understanding of their necessity.
Coercion brings fewer results. As persuasion, the author considers target orientation of the government in economy,
systematization of the rules of law regulating the economic sphere. A positive example of the law application practice also has a persuasive effect. Formation of voluntary compliance with the rules of law depends, among other things, on the information
support of the public administration in economy. The methodological basis of research is both the general scientific
methods: deduction, induction, analysis, synthesis, and the specific scientific research methods: comparative legal, legal
dogmatic, logic combined with the systematic analysis of the phenomena under study, method of legislation analysis and
generalization the practice of its application. In modern theory of administrative law, insufficient attention is paid to using
the persuasion method in public administration. Analyzing the programming mechanisms as persuasion of subjects in the
economic sphere is new. As part of this research, the following conclusions were made. First of all, the persuasion method is
characteristic of democratic administration systems. Second, using the persuasion method to manage the economy of the
Russian Federation is difficult because of the absence of public milestones in economic policy. Third, the rules of law serve as
the information component of persuasion in the public administration of economy. Fourth, the rules of law must be logical
and understandable for the public the active part of which is ready to carry out entrepreneurial activities. Fifth, the systematization
of legislation, review of the currently effective rules taking into consideration their interaction will serve as one
of the means of social persuasion in the orientation of the public administration towards the interests of the public. Fifth,
information about positive practice of law application and enforcement must be actively used as a means of persuasion.
Keywords:
administrative law, public administration, method of public administration, persuasion, economy, law enforcement, management by objectives, effectiveness of rules of law, method of influence, economic policy.
Reference:
Prokosheva E. A..
Administrative Approval as a Form of Public Activities: Notion and Key Attributes
// Administrative and municipal law.
2014. № 11.
P. 1175-1180.
DOI: 10.7256/2454-0595.2014.11.65680 URL: https://en.nbpublish.com/library_read_article.php?id=65680
Abstract:
This article considers the relevant, in connection with the administrative reform being underway, notion of administrative
approval, its definition is given on the basis of available scientific wordings as a form of administrative activities
which are a part of the administrative process and include the licensing and authorization, registration, certification,
and approval activities. The author reviews the key attributes of the administrative approvals. The author also identifies
the types of administrative approval: licensing and issuance of permits, state registration, administrative certification
(including state accreditation and attestation), administrative consents. The author analyses the notions which exist in
scientific literature and which refer to administrative activities, analyses the relationship between the notions of “administrative
approval”, “state and municipal service”, systematizes the key attributes of administrative approval, provides
the classification of its types. For the first time, the author gives the definition of the notion of “administrative approval”,
identifies the key attributes of such notion: it consists of a combination of administrative actions, is a positive administration
regulation activity, is of external-power, law-enforcement, regulatory, procedural nature, is initiated by individuals,
terminates in issuance of an approval document, administrative approval is a method of implementing the permissive
method of administrative law, the author also gives her own the classification of the types of administrative approval.
Keywords:
administrative reform, administrative approval, license, permit, registration, certification, consent, permission, external-power nature, law-enforcement nature.
Reference:
Semenov, A.S..
The bases for the interaction between the prosecution, state government and municipal bodies.
// Administrative and municipal law.
2014. № 9.
P. 945-949.
DOI: 10.7256/2454-0595.2014.9.65450 URL: https://en.nbpublish.com/library_read_article.php?id=65450
Abstract:
The object of studies involves the mutually coordinated activities of the prosecution and the state government
bodies, municipal bodies in the sphere of guaranteeing lawfulness (which is characterized by principles and conditions of
the relations among the subjects, as well as by their goals, purposes, object and subject), of the term \"interaction\" from
the standpoint of various branches of science depending on the specificities of the activities of the participants (prosecutors,
officials and other staff in the said bodies), of the main directions of interaction and its mechanisms, which may be
divided into several levels. In the process of studies the author mostly involved sociological method, since interactions
between the prosecutors and the staff of the state and municipal bodies are implemented within the framework of the
society, and they are based upon their relations. Interaction between the prosecutors, state and municipal bodies is an
interrelated temporally and territorially coordinated joint activity, which is based upon common goals and aims, which
are directed on guaranteeing rule of law, implemented within the framework of law and within the spheres of competence
of these bodies via means and methods typical for each of them.
Keywords:
vzaimodeistvie, prokuratura, organy gosudarstvennoi vlasti, tseli, zadachi, mekhanizm, napravleniya, osnovy
Reference:
Makartsev, A.A..
Elections in between the reforms of the Russian elections legislation: election campaign for the position of the Mayor
of the City of Novosibirsk (January-April, 2014).
// Administrative and municipal law.
2014. № 8.
P. 814-831.
DOI: 10.7256/2454-0595.2014.8.65274 URL: https://en.nbpublish.com/library_read_article.php?id=65274
Abstract:
The object of studies involves the stages of election campaign for the position of the Mayor of the City of
Novosibirsk (January — April, 2014), since in the opinion of the author its results were defined by the implementation
of changes in the Russian election legislation in the late years. This election campaign for the position of the head of
the municipal entity was one of the latest, and the political parties, which were formed after the party reform of 2012
could take an active part in it, proposing candidates without collecting signatures of electors. Absence of an obligation
to provide signatures of electors made the political parties universal instruments for guaranteeing nomination and
registration of candidates. Decisions of the Novosibirsk City Municipal Election Commission and the judicial bodies
had a decisive value for the comprehensive analysis of the election campaign reflecting its specific features. Contents
of the stages of the election process allows to note the positive effect of the legislative provisions of 2014 providing
for the criteria for the support of the political party by the electors, and if these criteria are satisfied, the party does
not need to provide signatures of the electors. Special attention is paid to the election disputes, which were resolved
in the course of the elections both by the election committees and the judicial bodies. Author makes proposals for the
improvement of the Russian legislation.
Keywords:
election law, elections, subjects of election law, election commission, head of the municipal entity, political parties, municipal self-government, municipal service, municipal self-government bodies, laws.
Reference:
Tyulegenov, A.E..
Municipal democracy as a mechanism for implementation of local self-government.
// Administrative and municipal law.
2014. № 7.
P. 689-695.
DOI: 10.7256/2454-0595.2014.7.65179 URL: https://en.nbpublish.com/library_read_article.php?id=65179
Abstract:
The article contains analysis of the approaches towards definition and contents of the municipal democracy in
Russia as well as the correlation between the municipal democracy and local self-government. The author also defines
the forms of direct democracy, guaranteeing the most comprehensive participation of the people in managing the public
life. The object of studies involves the municipal self-government bodies as the basis for the formation and development
of the municipal declaration institutions, while the immediate object is the political connection of society within the
framework of development of the rule-of-law state. The methodology of the topical studies involved analysis of the provisions
of the Constitution of the Russian Federation, as well as comparison of the opinions of the legal scholars on these
issues. Based upon the materials the author draws a conclusion that there is need to combine both declaration forms.
Taking into account the above-said matter, the following conclusion is substantiated: the goal of municipal democracy as
a mechanism for the implementation of municipal self-government is development of the rule of the people, spread of
manifestations of civil initiative, involvement of the population of a municipal unit in the process of managing the local
affairs. Citizens should have a right to implement municipal self-government in all of its elements, namely, in all of the
municipal units where the people are resident and in all of the spheres of local life. The article may be of practical value
in the legal studies and politics for the purpose of development of people’s rule, participation of citizens at the regional
level in the active social life.
Keywords:
local self-government, political norm, legal institution, rule-of-law state, representative democracy, municipal democracy, constitution, human rights, civil society, public government.
Reference:
Kudryavtsev, V.V..
On some issues regarding constitutional legal regulation of the right of citizens and their associations to take part
in the formation of the representative bodies of municipal units in the Russian Federation.
// Administrative and municipal law.
2014. № 3.
P. 241-246.
DOI: 10.7256/2454-0595.2014.3.64087 URL: https://en.nbpublish.com/library_read_article.php?id=64087
Abstract:
The object of studies concerns some tendencies and novelties in the Russian legislation concerning the
changes in the process of formation of city and municipal districts in Russia and participation of the citizens of
the Russian Federation and their associations in this procedure, as well as their influence on the right of the local
population to take part in the formation of the municipal government bodies, which, in turn, is a crucial element of
the right to take part in the implementation of the local self-government. The author studies the dynamics and the
logical chain of the latest changes in the legislation in this sphere, then he analyzes the various points of view on
the topical issues and the practice of application of the federal legislative rules in the sphere of municipal elections
from the standpoint of the right to participate in the formation of the municipal self-government bodies. The study
involved special legal cognition methods. In particular, the author applies the formal legal method which allows
to reveal the procedure of application and use of the constitutional legal basis, regulating the procedure for the
formation of the municipal bodies in Russia, as well as to define legal terms regarding participation of the local
population in the formation of municipal government bodies and to classify the types of formation of the municipal
bodies. The author uses the method of legal interpretation, which is used for the independent interpretation of the
nature of constitutional legal norms regarding the methods for the formation of the municipal bodies. The latest
changes in the federal legislation concerning the changes in the procedure for the formation of representative
bodies of municipal units have not been objects of complex analysis in legal science prior to this article. The author
analyzes these changes within the framework of the prior legislative tendencies and novelties in this sphere. He
formulates the conclusion on the need to correlated the relevant legal institutions and the principles of supremacy,
especially pointing out a number of constitutional principles of municipal self-government according to which the
conclusions are made on the need to form a necessary legal policy in the issues of the right of citizens to take part
in the formation of the representative bodies. The author makes proposals regarding strengthening of the process
of formation of these municipal self-government bodies.
Keywords:
local self-government, local government, local population, citizens, non-governmental associations, political parties, municipal elections, representative bodies, election system, municipal entity.
Reference:
Dzhagaryan, N.V..
Specific features of the constitutional nature of the municipal self-government as the sphere of implementation of
the representative democracy institutions.
// Administrative and municipal law.
2014. № 3.
P. 247-258.
DOI: 10.7256/2454-0595.2014.3.64088 URL: https://en.nbpublish.com/library_read_article.php?id=64088
Abstract:
The article provides systemic complex analysis of the constitutional nature of municipal self-government,
which is rooted in the current Constitution of the Russian Federation and its interpretation within the practice of
constitutional justice. Based on this approach the author views the topical issues regarding the existing difficulties
and specificities regarding correlations between the forms (institutions) of the direct (immediate) democracy and
representative (mediated) democracy. The goal of the study is to substantiate the non-severable connection of direct
public and professional representative elements in the conditions of the municipal self-government, which are united
by the very nature of the relations in the sphere of public territorial self-organization of the population. According
to this approach the author shows specific features of the municipal representative democracy as an offspring and
a necessary form of support of municipal self-government, formulating the author’s definition of this concept. The
methodology of studies of the author is defined by the constitutional concept of municipal self-government as a dialectic
unity of power and freedom of the local community, Hence, there is a need and an opportunity for the individualization
of the municipal representative democracy in correlation with the other public representation institutions, while
still regarding it a continuation and a guarantee of implementation of a direct municipal democracy. The article
singles out basic substantial characteristics of the municipal democracy in its differentiation and correlation with the public democracy institutions. It is substantiated that while the principle of combination of direct and representative
democracy is typical for the people’s rule relations in general, its manifestation in municipal self-government is rather
special in its qualities. In particular, it provides for the considerable immersion of direct democracy into the municipal
representation system, formation of various combined (direct representative) institutions, such as territorial public
self-government.
Keywords:
people’s rule, self-government, direct democracy, representative democracy, crisis of democracy, municipal self-government, public power, municipal freedom, municipal democracy, representative democracy.
Reference:
Nekrasov, D.V..
The program of an approved economic operator as an instrument for the improvement
of its administrative legal status.
// Administrative and municipal law.
2013. № 12.
P. 1156-1161.
DOI: 10.7256/2454-0595.2013.12.63633 URL: https://en.nbpublish.com/library_read_article.php?id=63633
Abstract:
The article concerns the program of an approved economic operator as a legal instrument for the
improvement of his administrative legal status. The author also analyzes various aspects of the secure goal of
sale of goods through the prism of the standards of the World Customs Organization. The study of the institution
of t he a pproved e conomic o perator a nd i ts a dministrative l egal s tatus w ithin t he c ontext o f R ussian a nd
foreign customs legislation and the novel legal practice allows one to draw a conclusion that the improvement of
administrative legal status of the subject of administrative legal relations having a right to use special simplified
customs clearance procedures should be based upon an independent concept, the fundamental directions,
standards with due account taken of the national, regional and international specificities of customs regulation.
In the opinion of the author the approved economic operator program, which is being currently developed by the customs administration with the assistance of the business community, may serve as such a legal instrument.
Currently the experts of the World Customs Organization consider that there are no adequate approved economic
operator programs in the CIS states. In their opinion the legislation in this sphere is just being developed. One may
agree with such a position with some reservations. The Customs Union of the Republic of Belarus, the Republic of
Kazakhstan and the Russian Federation formed the approved economic operator institution. However, there is
no program on approved economic operators, which would be aimed at the development of their administrative
legal status.
Keywords:
operator, status, regulation, economics, control, customs, Union, EurAsEC, border, Russia.
Reference:
Bocharova, N.N..
Novelties in administrative legal status of the Central Ban of the Russian Federation within
the framework of an administrative reform.
// Administrative and municipal law.
2013. № 11.
P. 1036-1038.
DOI: 10.7256/2454-0595.2013.11.63392 URL: https://en.nbpublish.com/library_read_article.php?id=63392
Abstract:
The article is devoted to the changes in the status of the Bank of Russia in the conditions of administrative
reform and specific features of the legal position of the Central Bank of the Russian Federation as a government body
and as a banking institution. Having analyzed the issue of place of central banks within the system of state bodies, possessing
public competence, the author notes that different states use different solutions, while generally any central
bank within any system combines characteristic features of a bank and a state body to a certain degree. The author
single out a number of tendencies in administrative legal regulation, such as widening the scope of control and supervision
powers, complication of an internal structure, mega-regulation tendencies in the activities of the Bank of Russia. In particular, it is noted that in order to guarantee the performance of regulating, controlling and supervision
functions by the Bank of Russia, the Financial Markets Service of the Bank of Russia was formed. In accordance with
the Federal Law the Financial Markets Service of the Bank of Russia shall implement regulation, control and supervision
in the sphere of financial markets over non-credit financial organizations and (or) the spheres of their activities.
The conclusion is made that the transfer of the powers from the Federal Financial Markets Service to the Central Bank
of Russia strengthened the position of the Central Bank of Russia as a state body.
Keywords:
status, the Bank of Russia, administrative reform, state government body, territorial structure, competence, control, supervision, financial market, mega-regulator.
Reference:
Kravchuk, A.M..
The turn from the concept of due state administration to the practice of administrative lawmaking
by the federal executive bodies.
// Administrative and municipal law.
2013. № 11.
P. 1039-1044.
DOI: 10.7256/2454-0595.2013.11.63393 URL: https://en.nbpublish.com/library_read_article.php?id=63393
Abstract:
The article includes a study of the key fundamentals of the globally accepted concept of good governance in
part of its inclusion into development and implementation of normative legal acts by federal executive bodies. The
basis for the study was a Good Governance concept, previously provided within the UN framework by the ESCAP, under
which there are 8 key characteristic features of Good Governance. It is established that most of the principles for Good
Governance are implemented in normatively established procedures for the development, publication and registration
of normative legal acts of the federal executive bodies. At the same time some principles should be taken into
account when arranging improvements of the procedure of drafting and adoption of the normative legal acts (drafts)
by the federal executive bodies).
Keywords:
administration, due governance, state government, Good Governance, administrative act, preparation of administrative acts, administrative norm-making, preparation of normative acts, expertise of normative acts, administrative law.
Reference:
Bayramov, A.H..
Prosecutor activities in the sphere of lawfulness guarantees within the system of state government
bodies of a constituent subject of the Russian Federation.
// Administrative and municipal law.
2013. № 10.
P. 944-947.
DOI: 10.7256/2454-0595.2013.10.63347 URL: https://en.nbpublish.com/library_read_article.php?id=63347
Abstract:
This article concerns the issues of lawfulness guarantees in law-making activities of state government bodies
of the constituent subjects of the Russian Federation. Noting a close connection between the prosecution bodies and
the state government bodies of the constituent subjects of the Russian Federation, the author points out a number of
key aspects of interaction of these bodies, including partial provisions for the status of regional prosecutor bodies in
the legislation of the constituent subjects of the Russian Federation; coordination procedure with the state government
bodies of the Russian Federation for the candidates for the positions of Prosecutors of the constituent subjects
of the Russian Federation; provision of a legislative initiative to the prosecutors in a number of constituent subjects
of the Russian Federation. The author also discusses specific features of implementation of legislative initiative in the
regional parliaments by the prosecution, he shows role and value of these bodies within the mechanism of guarantees
of constitutional lawfulness.
Keywords:
bodies, prosecution, legislative (representative) bodies, lawfulness, supervision, legislative initiative, competence, inspection, protest, notice, petition.
Reference:
Kulichkov, A.S..
Executive – administrative municipal self-government bodies within the system of municipal
government
// Administrative and municipal law.
2013. № 10.
P. 948-953.
DOI: 10.7256/2454-0595.2013.10.63348 URL: https://en.nbpublish.com/library_read_article.php?id=63348
Abstract:
The article is devoted to municipal administration as an executive and administrative body, its constitutional
legal status, options for taking the position of the head of administration, his competence and key spheres of activity. It
is also noted how important it is to form a unified system of municipal self-government, since, as this study has shown,
the legal basis for the functioning of the executive municipal bodies is in need of improvement.
Keywords:
local, self-government, administration, executive-administrative body, constitutional legal status, head of administration, taking the position, competence, responsibility, powers, city, district, mayor, official, deputy.
Reference:
Nugaeva, A.I..
Legal regulation of cadre guarantees of functional activities of the prosecution
// Administrative and municipal law.
2013. № 10.
P. 954-964.
DOI: 10.7256/2454-0595.2013.10.63349 URL: https://en.nbpublish.com/library_read_article.php?id=63349
Abstract:
The article concerns legal and organizational problems regarding implementation of the right of citizens to
join state service, and prosecution in particular. It is noted in the article that the legislative provisions on requirements
to the persons assigned as prosecutors, assignment procedure, competence of prosecutors, widening the scope of collegiality
in the prosecution activities considerably strengthen the legislative basis for the cadre work. However, not
all of the issues in the sphere of legal regulation of choice and positioning of prosecution cadres were duly resolved.
Keywords:
service, prosecutor, prosecution, lawfulness, reception, law, citizen, education, lawyer, Bachelor’s degree, Master’s degree.
Reference:
Vinnik, N.V..
Issues of local significance as a guarantee of organizational independence of municipal selfgovernment
// Administrative and municipal law.
2013. № 9.
P. 874-877.
DOI: 10.7256/2454-0595.2013.9.63189 URL: https://en.nbpublish.com/library_read_article.php?id=63189
Abstract:
The article is devoted to the study of the issues of local significance as a direct guarantee of organizational
independence of local self-government. In the opinion of the author the role of issues of local significance as conditions
and means for the organizational independence of municipal self-government is underestimated in both legal science
and legal practice. The article touches upon the problems of broadening scope of influence of the state in this sphere
violating the organizational independence of local self-government. The consequences of violations of the organizational
independence principle include alienation of the population from the local self-government and lack of initiative
in management of issues of local significance. Currently there is a contradiction in the municipal law. The social
theories of municipal self-government as reflected in the constitutional norms do not correspond the legal practice
and further law-making.
Keywords:
issues of local significance, municipal unit, competence, social theory, organizational independence, powers, state, theory of free community, social and economic theory, guarantees.
Reference:
Borisov, N.I., Tyurina, S.Y..
Interaction between the people
and the government as a factor
for higher efficiency
of the municipal self-government
// Administrative and municipal law.
2013. № 8.
P. 802-810.
DOI: 10.7256/2454-0595.2013.8.63119 URL: https://en.nbpublish.com/library_read_article.php?id=63119
Abstract:
The need for interaction between the people and the government, especially at the municipal level is a
generally recognized fact. However, this thesis is accepted a priori without due recognition of its nature and the
objective need for such an interaction. In this article based on a systemic approach, the authors establish that the
improvement of interaction between the people and the government are key for the more efficient municipal selfgovernment
in Russia.
Keywords:
people, power, municipal self-government, interaction, experience, Ulyanovsk region, efficiency.
Reference:
Vinnik, N.V..
Definition and elements of organizational independence of municipal self-governement.
// Administrative and municipal law.
2013. № 7.
P. 709-712.
DOI: 10.7256/2454-0595.2013.7.62970 URL: https://en.nbpublish.com/library_read_article.php?id=62970
Abstract:
The article is devoted to the legal nature, characteristic feature and value of organizational independence
of the municipal self-government in the Russian Federation. The choice of topic is due to the theoretical and practical
value of the solution of a vast range of problems, which are related to the independent and responsible actions on the
local issues by the people either directly or via the elected municipal self-government bodies. The value of consistent
legal regulation of the guarantees of organizational independence of municipal self-government can hardly be underestimated
within the general complex of necessary measures.
Keywords:
organizational independence, municipal self-government, models of municipal self-government, local issues, local budget, administration, decision, people, people’s rule, control, guarantees, autonomy.
Reference:
Aubakirova, I.U..
Definition and nature of the institution of state administration: philosophical - legal approach
// Administrative and municipal law.
2013. № 6.
P. 612-619.
DOI: 10.7256/2454-0595.2013.6.62788 URL: https://en.nbpublish.com/library_read_article.php?id=62788
Abstract:
B ased on many centuries of experience of governing state and society in the sphere of guarantees of the
objects of importance for them, one may achieve optimum efficiency only by echelon system of organization of performance
of planned events.
Keywords:
state administration, human rights, social system, society, power, state, liberalism, method, form, state, official, institution, manager.
Reference:
Vinokurov, Y.E..
Character of prosecutor supervision activities and the prerequisites for improvement of
its efficiency
// Administrative and municipal law.
2013. № 6.
P. 619-623.
DOI: 10.7256/2454-0595.2013.6.62789 URL: https://en.nbpublish.com/library_read_article.php?id=62789
Abstract:
The article includes analysis of characteristic features of the supervision activities of prosecutor as a type
of the socially beneficial professional work. The author studies stages (elements) of such activities, and he provides
for the prerequisites for the higher efficiency of prosecutor supervision over compliance with the law, as one of the
organizational legal means of lawfulness guarantees.
Keywords:
prosecutor, supervision activities, guarantees of lawfulness, efficiency, petition, resolution, law, right, prescription, control, protest.
Reference:
Vinokurov, A.Y..
The object of prosecutor supervision over
the implementation of laws
and the Art. 77 of the Federal Law
“On the general principles of organization
of municipal self-government
in the Russian Federation”
// Administrative and municipal law.
2013. № 5.
P. 424-430.
DOI: 10.7256/2454-0595.2013.5.62697 URL: https://en.nbpublish.com/library_read_article.php?id=62697
Abstract:
In this article the author based upon analysis of the provisions of the Federal Laws “On Prosecution in
the Russian Federation” and “On the general principles of organization of municipal self-government in the Russian
Federation” attempts to provide grounds for the prosecutor supervision over the implementation of the charters of
municipal units and municipal acts by the municipal bodies and their officials. He offers to amend the provisions of
federal legislation in order to specify the object of supervision over implementation of laws.
Keywords:
prosecutor, prosecution bodies, prosecutor supervisions, supervision over implementation of laws, object of supervision, municipal bodies, charter of a municipal unit, municipal legal acts.
Reference:
Kostennikov, M.V., Kurakin, A.V., Pavlyuk, A.V..
On the issue of definition
and methods of state administratio
in the administrative law
// Administrative and municipal law.
2013. № 5.
P. 430-439.
DOI: 10.7256/2454-0595.2013.5.62698 URL: https://en.nbpublish.com/library_read_article.php?id=62698
Abstract:
The article is devoted to the problem of state administration. The authors analyze various points of view on
this category, and make a conclusion that state administration includes great variety, the quality of administrative
activity is defined by the methods of administrative legal regulation. Due to this fact, their improvement may considerably
improve the regime of state administration. Additionally, the article includes analysis of state administration
functions, which define its strategic directions.
Keywords:
administration, method, control, means, state, law, competence, subject, participant, government.
Reference:
Schekochikhin, P.A..
Notariate within the system
of public administration:
on the issue of its place and role
// Administrative and municipal law.
2013. № 5.
P. 439-443.
DOI: 10.7256/2454-0595.2013.5.62699 URL: https://en.nbpublish.com/library_read_article.php?id=62699
Abstract:
The article includes analysis of place and role of notaries within the system of state and social administration.
The author studies the key criteria for the classification of notary systems in the world, and based on these
studies, he offers his own view of the issue in question. He formulates the key directions for the modernization of the
Russian notary system and the perspectives of its development.
Keywords:
notaries, system, protection, administration, place, model, notary, type, act, written document, fact.
Reference:
Belousova, E. V..
Concerning the Relation Between the Notions ‘Competence’, ‘Powers’ and ‘Area of Authority’
// Administrative and municipal law.
2013. № 2.
P. 124-131.
DOI: 10.7256/2454-0595.2013.2.62122 URL: https://en.nbpublish.com/library_read_article.php?id=62122
Abstract:
The author of the article analyzes the relation between the notions ‘competence’, ‘powers’ and ‘area of
authority’ in connection with the functioning of the local self-government authorities as the bodies of public authority.
The author describes various approaches of modern authors to interpreting the aforesaid terms and defines the
structure and contents of such notions as ‘competence’, ‘powers’ and ‘area of authority’. The author also studies the
legal provisions of the Federal Law of October 6, 2003 on General Principles of Local Self-Government in the Russian
Federation’ as amended and supplemented. The author points out the different classifications of powers and areas of
authority of local agencies in the Russian Federation.
Keywords:
competence, powers, area of responsibility, local self-government, municipal unit, local authorities.
Reference:
Kuyan, I. A..
Municipal Power and the Principle of People’s Sovereignty: the Relation and Practical Implementation
in the Ukraine
// Administrative and municipal law.
2013. № 2.
P. 131-137.
DOI: 10.7256/2454-0595.2013.2.62123 URL: https://en.nbpublish.com/library_read_article.php?id=62123
Abstract:
The article is devoted to the study of the institution of municipal authority from the point of view of implementation
of modern models of the people’s sovereignty conception. The author describes potentials of these models
in ensuring the people’s sovereignty and implementation of public interests at the national and local levels. To implement
the principle of people’s sovereignty and ensure the factual rule of the people in the Ukraine, it is necessary to
comply the community model of municipal authority with the requirements of the European Charter of Local Self-
Government.
Keywords:
people’s sovereignty, municipal power, the rule of the people, territorial community, local self-government, local government, community, public interests, European Charter of Local Self-Government.
Reference:
Baranov, I. N..
Local Self-Government Authorities in Modern Russia
// Administrative and municipal law.
2012. № 12.
P. 48-52.
DOI: 10.7256/2454-0595.2012.12.61703 URL: https://en.nbpublish.com/library_read_article.php?id=61703
Abstract:
This article describes peculiarities of local self-government authorities in modern Russia. The author also
studies the problem of defining the features of local self-government authorities and outlines the limits of competence
of local self-government authorities based on Russian legislation.
Keywords:
self-government (local) authorities, self-government mechanism, self-government guarantees, local selfgovernment.
Reference:
Deruka, S. I., Taranenko, D. N..
Obligatory Rules of Rezekne State Dua and Self-Government Police in Rezekne
as Instruments of Civil Security Enforcement
// Administrative and municipal law.
2012. № 12.
P. 53-60.
DOI: 10.7256/2454-0595.2012.12.61704 URL: https://en.nbpublish.com/library_read_article.php?id=61704
Abstract:
Local self-government authorities that have executive and legislative bodies, have been created in a democratic
way and quite autonomous in their competence and methods, are an important instrument of civil security
enforcement. Local self-government authorities should have an opportunity to keep their internal administrative establishments
serving local needs and providing an efficient management. Based on the example of the Rezekne State
Duma (Latvia), its self-government laws (Obligatory Rules of the Rezekne State Duma), the structure and functions of
Self-Government Police, the author tries to show the efficiency of these two institutions for the civil security enforcement.
The author also makes certain suggestions on how to amend and edit standard regulations of the Rezekne State
Duma.
Keywords:
charter, self-government, duma, rules, police, violation of law, security, meeting, local, government.
Reference:
Schedrina, Yu. V..
Personnel-Related Powers of Governors in the Sphere of Judicial Administration in Russia
During 1860 — Mid 1880 (On the Question of Independence of Judiciary)
// Administrative and municipal law.
2012. № 11.
P. 44-53.
DOI: 10.7256/2454-0595.2012.11.61630 URL: https://en.nbpublish.com/library_read_article.php?id=61630
Abstract:
The author of the article analyzes evolution of legal enforcement of personnel-related powers of a governor
with regard to creation of a judicial environment during the first dozens of years of the post-reformation period. The
author views the history of interaction and opposition of the local administrative and judicial authorities and shows
the role of a governor in the process of selecting justices of peace. It is concluded that certain acts adopted durign the
60th — 80th years of XIX century only regulated and arranged difficult relations between the local administration and
judges, the latter having almost unlimited power.
Keywords:
judicial reform, governor, justice of peace, judge, jury, independence of judiciary, the Senate, State Council, Ministry of Justice, district councils.
Reference:
Vinokurov, A. Yu..
Administrative Prosecution as the Function of the Russian Federation Prosecutor’s
Office
// Administrative and municipal law.
2012. № 10.
P. 52-56.
DOI: 10.7256/2454-0595.2012.10.61499 URL: https://en.nbpublish.com/library_read_article.php?id=61499
Abstract:
Based on the provisions of the Administrative Offense Code of the Russian Federation regulating the Prosecutor’s
powers as well as the comparison with the criminal prosecution, the author of the article tries to prove that the prosecutor’s
office can perform the administrative prosecution function. The author suggests that there should be a particular
amendment made in the Federal Law ‘Concerning the Public Prosecution Service of the Russian Federation’.
Keywords:
prosecutor’s office, prosecutor’s functions, prosecutor, prosecutor’s powers, administrative prosecution, participation of the Prosecutor in administrative investigation.
Reference:
Borisov, A. M..
Reformation of the System of Executive Authorities and New Scheme of State Territorial
Government
// Administrative and municipal law.
2012. № 9.
P. 33-37.
DOI: 10.7256/2454-0595.2012.9.61394 URL: https://en.nbpublish.com/library_read_article.php?id=61394
Abstract:
Determination of a set of tasks of social and economic development of Russia for the nearest ten years
brings forth the problem of improvement of the system and legal framework of activities performed by executive
authorities. The author of the article provides a critical evaluation of a new scheme of state territorial management suggested by the Institute of Law and Comparative Law Studies under the President of the Russian Federation. The
author notes that the given conception touches upon certain constitutional and administrative issues and thus requires
a wide expert and prognosis discussion.
Keywords:
administrative reform, state management legislation, conception of legislative development, system of executive authorities, enlargement of regions, federalism, efficiency.
Reference:
Shugrina, E. S..
Peculiarities of Granting Scholarships and Payment of Scholarships to University Students
// Administrative and municipal law.
2012. № 9.
P. 37-43.
DOI: 10.7256/2454-0595.2012.9.61395 URL: https://en.nbpublish.com/library_read_article.php?id=61395
Abstract:
The given article is devoted to the peculiarities of granting scholarships and payment of scholarships to
university students based on applicable laws and a draft Federal Education Law. The author describes in detail when
such a scholarship is started and expired, how long the scholarship is usually paid and studies the criteria for granting
of scholarships. The author also describes the general procedure of scholarship granting and payment.
Keywords:
scholarship, bachelors and masters, criteria for granting scholarships, university, duration of scholarship, draft education law, standard provisions, scholarship, student.
Reference:
Dorokhina, E. G..
Efficiency of State Management in the Sphere of Bankruptcy
// Administrative and municipal law.
2012. № 8.
P. 26-30.
DOI: 10.7256/2454-0595.2012.8.61298 URL: https://en.nbpublish.com/library_read_article.php?id=61298
Abstract:
Efficiency of state management in the sphere of bankruptcy shows itself through social and economic results
achieved by a state body. These results become especially important when it comes to reestablishing debtor solvency.
These are conditioned by an efficient state anti-crisis policy and set of legal measures preventing insolvency. The article
contains an analysis of bankruptcy preventing measures applied by executive bodies to particular types of socially and economically important organizations. At the end of the article the author makes a conclusion about the need in unification
of methods of state management.
Keywords:
law studies, bankruptcy, management, state, efficiency, policy, law, measures, purpose, Russian State Register.
Reference:
Kazachenkova, O. V..
Peculiarities of Legal Status of Local Self-Government Bodies: Problems of Law Making
and Law Enforcement
// Administrative and municipal law.
2012. № 8.
P. 31-41.
DOI: 10.7256/2454-0595.2012.8.61299 URL: https://en.nbpublish.com/library_read_article.php?id=61299
Abstract:
The author of the article analyzes the absence of grounds in current law making and enforcing practice of
local self-government bodies obtaining the status of a legal entity. The author studies the legal nature of public institutions
and describes contradictions between legal statuses of legal entities (including public institutions) and local selfgovernment
bodies.
Keywords:
municipal, power, self-government, legal capacity, public, institution, powers, status.
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.
DOI: 10.7256/2454-0595.2012.7.61197 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.
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.
DOI: 10.7256/2454-0595.2012.7.61198 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.
Reference:
Shugrina, E. S., Narutto, S. V..
Peculiarities of Management of the System of Education in the Sphere of Law-
Enforcement Activity
// Administrative and municipal law.
2012. № 6.
P. 43-58.
DOI: 10.7256/2454-0595.2012.6.59569 URL: https://en.nbpublish.com/library_read_article.php?id=59569
Abstract:
This particular article summarizes and analyzes all law-enforcement materials in the sphere of education. It is
noted that there have been many court decision on certain issues while other matters are not so covered but still need
to be researched. The authors describe peculiarities of law-enforcement practice in the sphere of delineation of competence
between public authorities in the sphere of education. They also analyze certain issues of law-enforcement in the
sphere of state accreditation, licensing and certification as well as legal status of educational institutions. Monitoring
of judicial practice on educational issues helped to fine certain collisions and problems in the sphere of education laws
and allowed to make certain suggestions on law interpretation. Results of the study are aimed at harmonization of laws
regulating relations in the sphere of education and their practical implementation.
Keywords:
education, licensing, state accreditation, educational institution, institute, educational standards, judicial protection, law-enforcement, delineation of authority.
Reference:
Kolesnikov, Yu. A..
Financial and Legal Groundwork for Delegation of Some State Authorities to Local Self-
Government Agencies
// Administrative and municipal law.
2012. № 5.
P. 18-21.
DOI: 10.7256/2454-0595.2012.5.59541 URL: https://en.nbpublish.com/library_read_article.php?id=59541
Abstract:
The article is devoted to a very topical issue — financial activity of local self-government authorities; financial
fundamentals of local self-government and a need in their reformation; gaps and drawbacks in the modern legal regulation
of financial fundamentals of local self-government. The topic is important because changes in economic relations
which has been going on over the past 25 years in the Russian Federation creates a need in reformation of the system
of state administration, its decentralization and delegation of a considerable part of life support functions to the local
self-government. Therefore, local self-government agencies need a proper status, competence, material and financial
resources.
Keywords:
Constitution of the Russian Federation, local self-government, financial activity, local budget, municipal unit, budget process, cash funds.
Reference:
Shugrina, E. S..
Legal Regulation of Administrative Control and Supervision over the Foreign Establishments
// Administrative and municipal law.
2012. № 5.
P. 21-27.
DOI: 10.7256/2454-0595.2012.5.59542 URL: https://en.nbpublish.com/library_read_article.php?id=59542
Abstract:
The article is devoted to the general description of legal grounds for administrative control and supervision.
Special attention is paid at the issues of licensing of particular activities, peculiarities of state and municipal control,
state registration of documents, rights, facilities and some features of the prosecutor’s supervision as well as powers of
the police agencies in law and order enforcement.
Keywords:
administrative control, supervision, prosecutor’s supervision, municipal control, licensing, protection of rights, function, foreign establishment, administrative barrier.
Reference:
Manchenko, P. A..
Transparency of Activities Performed by Governmental Authorities and Local Self-
Government in the Russian Federation and European States
// Administrative and municipal law.
2012. № 4.
P. 28-34.
DOI: 10.7256/2454-0595.2012.4.59400 URL: https://en.nbpublish.com/library_read_article.php?id=59400
Abstract:
The present article views transparency in Russia and Western and Central Europe not only as a political
or social but also as a constitutional law phenomenon. Transparency is described as a legal guarantee of constitutional
bases of a democratic state, a principle of actions performed by governmental authorities and local selfgovernment
agencies as well as a common wealth which can be used by anyone.
Keywords:
transparency, authorities, governmental authorities, local self-government, human rights, Western Europe, Central Europe, the rule of the people, society.
Reference:
Gurin, A. A..
Some Issues Concerning Organization of Prosecutor’s Supervision over Obeyance of Laws by
Authorities Conducting Management in the Sphere of Entrepreneurial Activity
// Administrative and municipal law.
2012. № 2.
P. 28-33.
DOI: 10.7256/2454-0595.2012.2.59241 URL: https://en.nbpublish.com/library_read_article.php?id=59241
Abstract:
In this article the author views the issues of organization and activity of prosecution authorities related to
supervision over obeyance of laws by the authorities conducing management in the sphere of entrepreneurial activity.
The author describes the legal grounds for organizing prosecutor’s supervision, defines and reveals such elements
of supervising activities of the prosecution authorities in this sphere as assignment of duties at a prosecution office,
information analytical work, planning, control over preparation and performance of check-ups.
Keywords:
prosecutor’s office, supervision, management authorities, entrepreneurship, supervision organization, analytical work, planning, control, efficiency.
Reference:
Vinokurov, Yu. E., Glushkov, A. I..
On the Question about the Structure of Procurator’s Supervision as a Form of
State Activity
// Administrative and municipal law.
2012. № 1.
P. 30-32.
DOI: 10.7256/2454-0595.2012.1.59079 URL: https://en.nbpublish.com/library_read_article.php?id=59079
Abstract:
The author of this article views the structure of procurator’s supervision as the basic function performed by the
prosecution bodies. The author lists branches of supervision, directions and sub-directions of supervisory activity. The
author also shares his own approach to classification of the supervisory process into stages, one of the most important
stages being the stage of the efficiency determination. The article proves the need in formation of a three-level structure
of methodological guideline implementation of which would increase the efficiency of supervisory activity conducted by
the prosecutors. The author of the article provides an approximate structure of such guidelines.
Keywords:
prosecution office, supervision, branch of supervision, stages of procurator’s supervision.
Reference:
Bulakov, O. N..
Parliamentarianism as the Representation of People
// Administrative and municipal law.
2011. № 12.
P. 24-27.
DOI: 10.7256/2454-0595.2011.12.59064 URL: https://en.nbpublish.com/library_read_article.php?id=59064
Abstract:
The author of this article analyzes the theoretical aspects of the representation of people and describes the role
of parliament in the mechanism of expressing the will of people. Analysis of different points of view on this matter makes
a reader to define ambiguousness of famous expressions and to pay attention at the influence of practice in evolutionary
development of parliamentaria
Keywords:
parliamentarianism, representation of people, parliament, representative government, people, governor, representative.
Reference:
Goncharov, V. I..
Peculiarities of Institutionalization of the Local Government System in the Russian Federation
// Administrative and municipal law.
2011. № 12.
P. 28-32.
DOI: 10.7256/2454-0595.2011.12.59065 URL: https://en.nbpublish.com/library_read_article.php?id=59065
Abstract:
The article analyzes formation and development of the local government system. The author of the article analyzes
opinions of scientists who follow the narrow and broad meaning of this concept.
Keywords:
institutionalization, system, government, community, territory, population, concept, right, self-government, control.
Reference:
Efimov, A. A..
Political Risks of Trans-National Companies in the System of State and Corporate Governance
// Administrative and municipal law.
2011. № 12.
P. 32-38.
DOI: 10.7256/2454-0595.2011.12.59066 URL: https://en.nbpublish.com/library_read_article.php?id=59066
Abstract:
The article is devoted to the interactions between trans-national companies and state and political institutions
of a receiving country. One of the peculiarities of such interaction is that a trans-national company appears to be in
the zone of foreign political sovereignty and influence of other political and state system as well as various social and
political processes ongoing in a receiving country. Quite often such interaction is quite challenging and creates an
opportunity of in complete realization or failure of a trans-national company, which is often accompanied by political
risks. This analysis is focused on the nature of political risks.
Keywords:
management, political risks, country risks, political efficiency, factors of political risk, classification of political risk, company’s political activities, trans-national companies, international business, politics.
Reference:
Bulakov, O. N., Prudnikov, A. S..
Sovereignty of Representative Authority
// Administrative and municipal law.
2011. № 11.
P. 4-9.
DOI: 10.7256/2454-0595.2011.11.58902 URL: https://en.nbpublish.com/library_read_article.php?id=58902
Abstract:
The author makes a comparative study of the problem of people’s sovereignty of a representative authority. The
analysis of sources and materials studied by the author allows to make a number of interesting, unusual conclusions about
representative, legislative and control functions of parliaments.
Keywords:
parliament, representative authority, people’s sovereignty, parliamentarian sovereignty, legislation body, separation of powers, democracy.
Reference:
Hierodeacon Eulogius (Kharitonov)..
Church Autonomy and Self-Administration. History and Modernity
// Administrative and municipal law.
2011. № 11.
P. 10-13.
DOI: 10.7256/2454-0595.2011.11.58903 URL: https://en.nbpublish.com/library_read_article.php?id=58903
Abstract:
In accordance with the canonic statements and religious tradition, church has always had certain administrative
divisions inside it. Even though the Universal Church has been historically divided into units, it does not break its
wholeness and integrity. Following the Apostolic Canons, Autonomous and Self-Administrating Churches as part of the
Local Church administration is established according to the administrative-territorial principle which was introduced in
the first centuries of Christianity.
Keywords:
administration, autocephaly, self-administration, metropolis, canon law, jurisdiction, Universal Church, Local Church, Charter.
Reference:
Kalinin, G. I..
The Problems of Delineation of Powers in the Sphere of State Veterinary Supervision Between Local
Agencies of the Federal Veterinary and Phytosanitary Monitoring Service and State Veterinary Services of the Russian
Federation Constituents
// Administrative and municipal law.
2011. № 11.
P. 14-20.
DOI: 10.7256/2454-0595.2011.11.58904 URL: https://en.nbpublish.com/library_read_article.php?id=58904
Abstract:
Delineation of powers between federal and local bodies of state veterinary control is a long-standing issue. A
more simple way was chosen in the case we studied but eventually it was not successful. However, agreement on coordination
of activities was not supported by changes in existing legislation and did not take into account the settled practice and
efficiency of the activities held. Taking into account expected changes in existing legislation, it is necessary to understand
how serious the question is. It is also necessary to remember that the veterinary supervision is closely connected with the
provision of epidemic and veterinary-sanitary safety of population and state. According to the author of the article, the
system of the federal state veterinary supervision must be shortened and reduced.
Keywords:
control, supervision, legislation, veterinary, power, authorities, agreement, inspection, interaction, efficiency.
Reference:
Segreev, D. B..
Primary Legitimization of Local Community Outside and Within a Municipal Unit: Genetic and
Creation Aspects
// Administrative and municipal law.
2011. № 11.
P. 21-28.
DOI: 10.7256/2454-0595.2011.11.58905 URL: https://en.nbpublish.com/library_read_article.php?id=58905
Abstract:
The article introduces the terms as ‘genetic aspect of the primary legitimization of the local community’ and
‘creation aspect of the primary legitimization of the local community’ in law. Genetic aspect means introduction of a
municipal unit institution as a representative of a local community and creation aspect denotes the process of creation of
a particular municipal unit by a state institution. Genetic aspects of the primary legitimization of local community first
started in Russia in 1990-1991 when the institution of the local self-government was legally enforced. De facto, these
aspects were over when the Federal law ‘On general principles of local self-government in the Russian Federation’ No.
154-FZ dated August 28, 1995. But formally, the genetic aspects of primary legitimization of local community continued
to exist even though there were no such terms as ‘local community’ in the Constitution of the RF and Russian federal
laws. Instead, legitimization of the local community was legally enforced in creation aspects after the Federal Law No.
154 came into force and the legislation introduced the term ‘municipal unit’ and instructed to create corresponding legal
entities.
Keywords:
local self-government, municipal unit, municipal community, primary legitimization of local community, genetic aspects of the primary legitimization of the local community, creation aspects of the primary legitimization of the local community, municipal law terms, municipal law, state institution.
Reference:
Bandurina, N. V..
Legal Problems of Participation of State Authorities in Corporative Administration of
State-Owned Property
// Administrative and municipal law.
2011. № 10.
P. 14-20.
DOI: 10.7256/2454-0595.2011.10.58865 URL: https://en.nbpublish.com/library_read_article.php?id=58865
Abstract:
The article is devoted to the current problems of activities carried out by the joint-stock company board of
directors with participation of state authorities. The author analyzes the functions of civil officers within the board
of directors as well as the main trends of development of the institution of independent director and professional
fiduciaries in administration of state-owned property of the Russian Federation.
Keywords:
state institution, administration, property, joint-stock company, civil officer, independent director, professional fiduciary.
Reference:
Ivanova, N. A..
Delineation of Powers between State and Local Authorities in the Sphere of Health Protection
of Citizens as One of the Trends of Health Care Reformation
// Administrative and municipal law.
2011. № 10.
P. 21-25.
DOI: 10.7256/2454-0595.2011.10.58866 URL: https://en.nbpublish.com/library_read_article.php?id=58866
Abstract:
The article is devoted to the problem of delineation of powers between state and local authorities in the
sphere of health care. The author underlines the important influence of rules of delineation of powers between the
Russian Federation, Russian Federation constituents and local self-government bodies aimed at decentralization
of health care system and public health administration on processes of reformation of the Russian health care system. This influence includes reauthorization of powers in organization and financing of medical aid between
authorities of different public levels.
Keywords:
competence, powers, delineation, authorities, state authority, local self-government, health, protection, citizens.
Reference:
Rusakov, V. K..
Main Features of Quality and Their Role in the Administrative Decision-Making Process
// Administrative and municipal law.
2011. № 10.
P. 25-28.
DOI: 10.7256/2454-0595.2011.10.58867 URL: https://en.nbpublish.com/library_read_article.php?id=58867
Abstract:
The article is devoted to the concept of administration decisions, decision-making process and the role
of its quality. Based on the study, the author makes certain suggestions on how to improve administration in the
sphere of internal affairs.
Keywords:
administration decisions, authorities of internal affairs, conception and main features of quality, police, ministry.
Reference:
Scherbak, E. N..
Administrative and Legal Regulation of Advancement of Foreign Higher Education
// Administrative and municipal law.
2011. № 10.
P. 29-32.
DOI: 10.7256/2454-0595.2011.10.58868 URL: https://en.nbpublish.com/library_read_article.php?id=58868
Abstract:
Growing competition of state institutions on the global education market reinforces the role of state
authorities in coordination of efforts and resources necessary for successful functioning of national systems of
educations.
Keywords:
state institution, higher education, higher educational institutions, education management, self-regulation, education credits, research work.
Reference:
Akhrameev, A. V..
On the Question of Legal and Organizational Grounds for Judicial Control over Local
Self-Government Authorities in Foreign States (the Case Study of Germany, France, USA and Great Britain)
// Administrative and municipal law.
2011. № 10.
P. 32-37.
DOI: 10.7256/2454-0595.2011.10.58869 URL: https://en.nbpublish.com/library_read_article.php?id=58869
Abstract:
Based on the study of foreign laws and scientific literature the author of the article analyzes the institution
of judicial control over local self-government authorities in advanced countries. It is concluded that foreign states
use different forms of judicial control such as the control performed by ordinary courts, administrative courts,
ordinary and administrative courts altogether, arbitrage courts and administrative tribunals.
Keywords:
authority, justice, self-government, court, control (supervision), jurisdiction, Germany, France, USA, Great Britain.
Reference:
Goncharov, V. I..
On the Question of the Conception of ‘Local Self-Government’ as a Level of Public
Authority in Russia
// Administrative and municipal law.
2011. № 9.
P. 9-14.
DOI: 10.7256/2454-0595.2011.9.58723 URL: https://en.nbpublish.com/library_read_article.php?id=58723
Abstract:
One side of such a complex phenomena as the local self-government is the fact that it is one of the
levels of public authority. The definition of the local self-government is a bright example of it. It defines
self-government as ‘the right and real power of the local authorities to regulate and govern a large part of
public affairs acting within the law, at one’s r isk and for the benefit of the local population’.
Keywords:
authority, management, level, municipal, public, democracy, territory, law, capability.
Reference:
Sergeeva, K. O..
Peculiarities of the Legal Enforcement of the Institution of Local Law Making in
the Legislation of the Russian Federation Constituents of the North-Caucasian District and Charters
of Municipal Units
// Administrative and municipal law.
2011. № 9.
P. 14-20.
DOI: 10.7256/2454-0595.2011.9.58724 URL: https://en.nbpublish.com/library_read_article.php?id=58724
Abstract:
In the Russian Federation public authority is based on the principles of centralization and decentralization
as specified in the Russian Constitution. These principles imply that the competence is divided
between the authorities of different levels. The principle of decentralization does not mean that there is
no central administration at all. It means that there should be the combination of local and central governments
on the basis of the principle of mandatory division of powers between different levels of public
authority and t erritorial jurisdiction of administrative authorities.
Keywords:
law making, system, region, institution, interaction, process, charter, sources, management, unit, municipal, law, right.
Reference:
Polotovskaya, E. Y..
Topical Issues of Educational Institutions in the View of Reformation of the
Budget Institution Network
// Administrative and municipal law.
2011. № 9.
P. 20-23.
DOI: 10.7256/2454-0595.2011.9.58725 URL: https://en.nbpublish.com/library_read_article.php?id=58725
Abstract:
The article studies the status of educational institution in the view of the budget reform and
transfer to the new system of compensation of teachers. The article addresses to a number of topical and
controversial provisions of the budget reform.
Keywords:
budget, institution, administration, sphere, education, control, finances, expenditures, earnings, reduction
Reference:
Zlocheskaya, A. A..
Theoretical and Methodological Grounds for Studying Socio-Cultural Adaptation to
Foreign Ethnic Environment
// Administrative and municipal law.
2011. № 8.
P. 15-19.
DOI: 10.7256/2454-0595.2011.8.58669 URL: https://en.nbpublish.com/library_read_article.php?id=58669
Abstract:
The article covers the problems of socio-cultural environment. The author of the article studies peculiarities
of socio-cultural environment and describes its features as well as threats. Based on the study, the author
makes certain suggestions on protection of socio-cultural environment.
Keywords:
socio-cultural adaptation, adaptive environment, adaptive need, adaptation capabilities, adaptive actions, stages of adaptation, acculturation, assimilation, aggressive autarchy, passive autarchy, cultural shock.
Reference:
Polyubin, D. V..
Constitutional Law Grounds for Administrative Control over Local Authorities in Foreign
States
// Administrative and municipal law.
2011. № 8.
P. 20-26.
DOI: 10.7256/2454-0595.2011.8.58670 URL: https://en.nbpublish.com/library_read_article.php?id=58670
Abstract:
The article is devoted to the forms of constitutional law enforcement of state control over local authorities
in modern foreign states. The author of the article analyzes German, French and Italian legislations. He makes a
conclusion that legal standards of state control over local authorities differ in the countries of Anglo-Saxon and
Roman-German models of self-government.
Keywords:
self-government, control, supervision, prefect, Anglo-Saxon, continental, centralization, decentralization, state institution.
Reference:
Shugrina, E. S..
Legal Regulation of Municipal Control in the Russian Federation
// Administrative and municipal law.
2011. № 8.
P. 26-37.
DOI: 10.7256/2454-0595.2011.8.58671 URL: https://en.nbpublish.com/library_read_article.php?id=58671
Abstract:
The article is devoted to peculiarities of the municipal inspection taking into account the provisions of
the Federal Law on protecting rights of legal entities and individual entrepreneurs when conducting state control
(supervision) and municipal control. It is noted that local authorities can be entities under control with respect to
which the control (supervision) is conducted; but local authorities can also perform control and supervision with
respect to other holders of right. The article describes peculiarities of arrangement and conduction of municipal control in a corresponding territory; developments of administrative regulations when conducting inspections as
a part of municipal control; arrangement and conduction of monitoring of efficiency of municipal control.
Keywords:
municipal control, local authorities, efficiency of control, arrangement of control, administrative regulations, interaction regulations.
Reference:
Baranov Mikhail Lvovich.
State Control as a Form of Social Management
// Administrative and municipal law.
2011. № 7.
P. 17-25.
DOI: 10.7256/2454-0595.2011.7.58507 URL: https://en.nbpublish.com/library_read_article.php?id=58507
Abstract:
Governmental power is a type of social authority realizing the social management in a society by the means
of control and supervision. Therefore, it is necessary to define the following terms used by the author of the article,
such as: state institution, functions of state, functions of state authorities, social management, control, supervision
and etc. The most important point is that there is a certain need in the essential analysis of the means of control and
supervision of governmental power as a social phenomenon.
Keywords:
state institution, authority, management, human rights, political power, law, judicial service, legislative branch of authority, executive authority.
Reference:
Sinyugin Vyacheslav Yurievich.
The Consistency Principle in the Administrative Law Groundwork for Reformation
// Administrative and municipal law.
2011. № 7.
P. 26-32.
DOI: 10.7256/2454-0595.2011.7.58508 URL: https://en.nbpublish.com/library_read_article.php?id=58508
Abstract:
The article is devoted to the definition and forms of the consistency principle in the process of creation
of the administrative law groundwork for reformation. The author of the article describes numerous forms of
manifestation of the consistency principle in the process of creation of the administrative law groundwork for
reformation. It is proved that the Russian legislation and law enforcement practice must fully realize the consistency
principle, the latter being the guarantee of determination of reformation patters at the level of a personality,
society and a state institution, also taking into account the constitutional provisions, international environment
and global trends.
Keywords:
consistency, reformation, groundwork, legislation, principle, personality, state institution, constitution, decentralization.
Reference:
Kositsyn, P. A..
Raising Efficiency of Integration Processes of the Common Free Market Zone: Perspectives, Peculiarities,
Challenges
// Administrative and municipal law.
2011. № 6.
P. 16-20.
DOI: 10.7256/2454-0595.2011.6.58450 URL: https://en.nbpublish.com/library_read_article.php?id=58450
Abstract:
modern state of integration development of the CIS is determined by the reaction of states to reinforcement
of external and internal factors, active and coherent policy of Russia and its influence on intra-regional processes,
political will of national elites of the CIS states and attitude of the residents of the Commonwealth countries towards
integration processes.
Keywords:
Post-soviet zone, EurAsEC, integration, strategic interests of state institutions, the Common Free Market Zone, cooperation ties, globalization, Customs Union and Anti-Crisis Fund of EurAsEC, coordination of the positions of EurAsEC member states when getting accession to the WTO, creation of the single energetic space of the Community.
Reference:
Perfilova, T. K..
Management of Information Risks in the Organization Environment
// Administrative and municipal law.
2011. № 6.
P. 20-24.
DOI: 10.7256/2454-0595.2011.6.58451 URL: https://en.nbpublish.com/library_read_article.php?id=58451
Abstract:
the article views the issues of organization development as well as the problems of establishing a model of
organization efficiency in conditions of uncertainty. The author draws attention at the interconnection and dependence
between the vector of organization development and management of risks in an organization. The article evidently
shows the need in studying information risks and establishment of effective models of communicative in the context of
organization development.
Keywords:
management, organization, organization development, organization environment, elf-organization, management of risks, information risks, sustainability, sustainable development.
Reference:
Khalidova, R. A..
Some Aspects of Activities of Modern Transnational Corporations: Case Study of Automobile
Corporate Groups
// Administrative and municipal law.
2011. № 6.
P. 25-34.
DOI: 10.7256/2454-0595.2011.6.58452 URL: https://en.nbpublish.com/library_read_article.php?id=58452
Abstract:
over the last 25 years we’ve been witnessing an outstanding glocalizatin of industry based not only on exports
of feedstock or end products, but also on transnational arrangement of the industry itself. Transnational corporations
are the most famous and powerful drivers of this process. The main goals of this article are to analyze the modern tendencies in their development and to study transformation of the role of traditional industries in the activities of transnational
corporations based on the case of automobile industry.
Keywords:
globalization, trans nationalization, transnational corporations, automobile corporate groups, mergers and acquisitions (M&A), diversification, concentration, glocalization.
Eng
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