Электронный журнал Nb: административное право и практика администрирования - №1 за 2013 г. - Содержание - список статей. ISSN: 2306-9945 - Издательство NotaBene
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 01/2013
Contents of Issue № 01/2013
Public and municipal service and the citizen
Kabanov P.A. - Organizational and legal aspects of prosecutorial supervision in relation to the creation and organization of commissions on compliance of official conduct of government (municipal) employees and resolution of conflicts of interest pp. 1-11


Abstract: This article deals with complex organizational and legal issues in relation to the prosecutorial supervision of the formation and organization of specialized anti-corruption agencies - commissions on compliance with the official conduct of government (municipal) employees and the resolution of conflicts of interest in government (municipal) service encountered by government agencies and/or local government authorities. The article distinguishes and justifies two main areas of prosecutorial supervision: supervision of the legality of these commissions, and supervision of the legality and validity of their recommendations and binding decisions. As a result of this comparative legal study, the author establishes, formulates, and proposes a checklist of issues to be used in the implementation of prosecutorial control over federal and/or regional Russian legislation in relation to government and/or municipal service, as well as laws on combating corruption in public authorities and/or local government bodies.
Administrative and municipal law: business, economy, finance
Vozhova E.M. - Ministry of Finance of the Russian Federation as a Participant of Financial Law Relations pp. 12-29


Abstract: The article studies special features of law institutions which unable the Ministry of Finance of the Russian Federation to participate in financial law relations and achieve the financial purposes and goals set forth by the state as a part of normative legal acts. The author of the article studies peculiarities of setting legal capability and capacity, rights and responsibilities, powers, purposes and goals of the Ministry of Finance of the Russian Federation as a part of the Government Decree No. 329 of June 30, 2004 on the Ministry of Finance of the Russian Federation. Special attention is paid at usign the institution of legal personality in the sphere of financial state activities. The author also makes certain conclusions about the legal status of the Ministry of Finance of the Russian Federation as the subject of law in general and the subject of financial law in particular. Special attention is paid at the influence of certian factors and legal categories (legal capacity and capability) allowing the Ministry to participate in financial law relations. 
Administrative law, municipal law and security
Khristinich I.V. - Prosecutorial action in response to violations of fire safety laws pp. 30-62


Abstract: This article briefly describes and analyzes current prosecutorial response measures. Besides the well-known measures as provided by law, it lists measures contained in the administrative documents of the General Prosecutor of the Russian Federation, which are also used in prosecutorial practice, but which are rarely mentioned in the literature; most of these responses are not known. The article reveals the role of the prosecutor in the implementation of legal supervision and highlights deficiencies that need to be addressed with the regulation of its conduct. The effectiveness and particulars of the application of prosecutorial response measures, as well as their disadvantages, are explained by way of recent examples of prosecutorial oversight audits of the enforcement of fire safety laws. The article concludes that the prosecutor's actions in response to violations of fire safety laws are different from the responses of government authorities (supervision). In particular, prosecution response measures apply more broadly and extend to offenses dealing with fire safety, as permitted by business entities and supervisory government authorities.
Administrative and municipal law: forms and methods of implementation (practice)
Vasil'ev R.I. - Legal Regulation of the Customs Value Control pp. 63-128


Abstract: the article is devoted to research of the questions of the legality of decisions taken by the officials in the customs valuation control. Based on the analysis of judicial practice on cases appealing the decisions of customs authorities on the customs valuation adjustment, there are suggested findings of the contemporary mechanism of the customs valuation control in the Russian Federation, and suggestions for its improvement.
Administrative law, municipal law and environment issues
Kuznetsova N.A. - Legal Regulation of Relations of Local Governments and Oil and Gas Companies in Environmental Management pp. 129-145


Abstract: Article is devoted to the problems of legal regulation of environmental disaster of the oil production. Environmental authority of local governments. Search options optimal allocation of environmental credentials. Over the past three or four decades at all levels of oil production there is a dangerous tendency to use the most simple very cheap technology and equipment used for drilling, downhole oil production and repair of wells that are not designed for the transport of corrosive media. Virtually all of the territory already developed fields in Western Siberia are in ecological collapse. The main complexity of modern ecological situation lies in the fact that none of the oil companies, with sufficient human and economic potential, though not in a hurry to take on full responsibility for the environment even in their activities.In addition, the solution of environmental problems has become feasible, necessary to develop and immediate implementation of the new legislative initiatives. New, more objective environmental laws must be adopted as soon as possible, and they should reflect all aspects of the modern environmental situation.Harness all the legal mechanisms for the conservation, sustainable use of natural resources, and their reproduction, preservation of favorable environment for present and future generations.
Public service, municipal service and issues in the fight against corruption
Ageev V. - Legal Anti-Corruption Measures Undertaken in the Republic of Tatarstan pp. 146-169


Abstract: The author of the article defines the legal anti-corruption measures in the Republic of Tatarstan. To the author's opinion, the most efficient anti-corruption measures are legal measures. Special attention is paid at the issues of corruption management in the sphere of civil service. The author also analyzes the experience of anti-corruption legislation in the Republic of Tatarstant and offers certain ways of improvement of the anti-corruption policy there. 
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