Электронный журнал Nb: административное право и практика администрирования - №10 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 № 10/2013
Contents of Issue № 10/2013
Theory and science of administrative and municipal law
Vinnitskiy A.V. - Institution of Public Services in Russia: Prospects of Development from the Point of View of European Experience pp. 1-27


Abstract: The article is devoted to the development of the institution of public services in the countries of the European Union and Russia. The author of the article analyzes contradictions and shortcomings of the Russian legislation in this sphere. Based on foreign experience, the author provides grounds for applying a broad approach to interpretation of public services and division of public services into economic and non-economic services. It is stated that the French concept of public services has been adopted in many continental governments. It is concluded that French and Germany have formulated alternative doctrines of mandatory public activities of their governments. The author also sresses out that state and municipal services include social services as well as administrative and legal decisions. It is noted how public units should ensure enforcement of this or that function. The author offers a broader classification and basic division of public services. At the end of the article it is concluded that public services of economic nature are provided by economic entities in a competitive environment and cover services of general effect while public services of non-economic nature cover administrative and social services. 
Liability in administrative and municipal law
Kurakin A.V., Badulin A.D., Tregubova E.V. - Administrative Responsibility for Violations on the Alcohol Market and the Role of Police in Legal Enforcement of Administrative Responsibility pp. 28-74


Abstract: It should be said that administrative responsiblity for violating the rules of production and turnover of ethyl alcohol, alcohol and alcohol-containing products makes an important contribution to reinforcement of legal order in this sphere. Administrative responsibility under review allows to make a differentiated influence on violators in the sphere of production and turnover of ethyl alcohol, alcohol and alcohol-containing products, in particular, physical, official and legal entities. Moreover, this form of legal responsibility allows the governmet to prevent and eliminate any crime which can be commited on the alcohol market. Therefore, enforcement of administrative responsibility for violating the rules of production an turnover of ethyl alcohol, alcohol and alcohol-containing products plays an important role in the development of a civilized market of alcohol production and prevents from excessive use of alcohol by the Russian population. 
Kostennikov M.V., Kurakin A.V. - Concerning the Grounds of Administrative Responsibility in the Russian Legislation pp. 75-88


Abstract: The article is devoted to the grounds of administrative responsibility and describes peculiarities and features of administrative offence. The authors of the article conclude that the  definition of administrative offece as it is provided by the Administrative Offences Code of the Russian Federation should also inclue social security as a feature. The authors outline general features typical for all administrative offences and distinguishing administrative offences from legal behavior and other violations of law. It is noted that a classical definition of guilt cannot apply to a legal entity. It is said that a socially dangeous act prohibited by the law is recognized as an administrative offence only if commitment of such an act implies administrative responsibility. The authors also consider the difference between administrative offences from other violations of law according to legal features: the main material feature, illegal nature of the act and penalties for law violator. It is stressed out that administrative offence means violation of rules of general effect (violation of discipline).  The authors also describe the difference between civil law delicts and adminitrative offences and offer a clear definition of administrative offence. 
Administrative law, municipal law and the issues of education
Kananykina E.S. - Legal Aspect of Globalization of Education Systems in Latin American Countries pp. 89-165


Abstract: The analysis of evolution of approaches and theoretical concepts based on Latin American educational reforms over the last twenty years shows that these countries have been developing in several directions but have been mostly aimed at increasing the role of education as a factor of economically stable and socially focused development, and also at management improvement, achievement of general basic education, modernization of educational process, ensuring interaction of education with a labor market and enhancing international cooperation. The main focus of attention of the governments in Latin American countries is paid at modernization of relations in the field of the higher education. For this purpose the government undertakes the following measures: 1 . to adjust terminology and similar assessment criteria so that they allow to facilitate the use of the system of comparability of training courses, 2 . to apply variable standards to incomplete education according to the level of obtained education and taking into account interdisciplinary character of higher education, 3 . to accept training courses, diplomas, scientific degrees and certificates for the purpose of going into further academic studies, 4 . to promote exchange of information and documentation, to improve training programs and training facilities of the region, 5 . to create national and regional authorities necessary for assistance to effective implementation of the Convention provisions. Stage-by-stage achievement of the specified goals becomes possible in case of signing of bilateral, subregional or regional agreements and agreements between higher education establishments. 
Public service, municipal service and issues in the fight against corruption
Kostennikov M.V., Kurakin A.V., Kalita I.A. - Public Prosecution Office and Anti-Corruption Enforcement pp. 166-186


Abstract: The authors of the article study legal and organizational problems of anti-corruption enforcement conducted by the public prosecution office. They view forms and methods of anti-corruption enforcement carried out by the public prosecution authorities and describe peculiarities of prosecution activities in this sphere. It is said that in order to increase efficiency of anti-corruption measures it is necessary to expand the official definition of corrupion so that it includes a whole range of acts related to violation of ethics of official behavior and staff protectionism. The authors suggest to establish special anti-corruption prosecution offices. When conducting prosecutor's supervision over fulfilment of legal anti-corruption requirements, special attention should be paid at obligation of state and municipal officers to inform the employer, prosecution office or other authorities when other persons try to pursuade them to commit acts of corruption. Based on the analysis of peculiarities of prosecution office activities, the authors of the article provide suggestions on how to improve anti-corruption legislation. 
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