Электронный журнал Nb: административное право и практика администрирования - №5 за 2013 г. - Содержание - список статей. ISSN: 2306-9945 - Издательство NotaBene
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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 05/2013
Contents of Issue № 05/2013
Public and municipal service and the citizen
Channov S.E. - Organization of activities of the commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service. pp. 1-13

DOI:
10.7256/2306-9945.2013.5.797

Abstract: The article concerns organization and functioning of the commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service. The author notes that the new Provisions on Commissions basically prohibited to include into them representatives of "other organizations", as it was previously provided. On one hand, this is a positive change, since it allows to deal with the loophole, which existed earlier.  In practice many state bodies used the term "other organizations" in order to invite as "independent experts" public officials from other state bodies to their commissions, which basically was a distortion of the idea of control of civil society over the procedure of rgulation of conflict of intersts, however, was in compliance with the letter of the law.  On the other hand, it excluded the possibility to include representatives of organizations other than scientific and educational organizations (such as political parties, various associations and foundations, etc.) into the work of the commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service.  In the opinion of the author the weakest place of the Provisions is that the decisions of commission are not binding. In his opinon within the framework of hte program against corruption in public service, the legislators should amend these Provisions and provide for the collegiate decision on the presence or absence of conflict of interests. The issue should find similar resolution in respect to ther types of state and municipal service.
Issues in settling of administrative and municipal disputes
Kabanov P.A. - The grounds and order for termination of proceedings on the materials brought to the Commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service: issues of administrative procedural law. pp. 14-23

DOI:
10.7256/2306-9945.2013.5.618

Abstract: The article concerns administrative legal, administrative procedural and organizational legal grounds for termination of proceedings on the materials brought to the  Commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service. Based upon the studies of current normative legal acts on the activities of  the Commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service: issues of administrative procedural law and publications of legal scholars specializing in this field, the author offers to take measures in order to improve the legal regulation on the activities of such commission in part of termination of proceedings on materials brought to such Commissions. For the first time in the theory of Russian administrative law the author offers to recognize withdrawal of the claim or address of a state (municipal) official and changes in the circumstances as grounds for  termination of proceedings on the materials brought to the Commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service: issues of administrative procedural law.
Theory and science of administrative and municipal law
Kananykina E.S. - Ways of formation a common European education zone in the legislations of Czech Republic, Slovakia, Macedonia and Greece. pp. 24-44

DOI:
10.7256/2306-9945.2013.5.683

Abstract: The modern education participates in the process of formation of the new global community, and it is situated at the very heart of the issues regarding personal development and various communities. The purpose of education is to provide everyone with no exceptions with an opportunity to express his talents and creative potential, presupposing that each person should have an opportunity to implement his personal plans. This is a dominant purpose for the formation of a new and more humane world. In order to achieve it, there is need to revise ethical and cultural aspects of education in order to guarantee everyone with the opportunities to understand other people in all of their specificities, to understand the world in its chaotic movement to unity.  The start of this process is related to the ability to understand oneself, to develop inner efforts based upon knowledge, thoughts, experience and reflexion. The article is devoted to the problem of development of education system in the European states in the conditions of changes in legislative fundamentals on school and higher education, as well as on formation of a common European education zone.
Administrative and municipal law: forms and methods of implementation (practice)
Truntsevskii Y.V., Novoselov S.A. - Greater efficiency of prevention of corruption crimes and offences committed by the road police officers as a precondition for the further reform of the Departments of Internal Affairs of the Russian Federation according to the Roadmap. pp. 45-61

DOI:
10.7256/2306-9945.2013.5.8843

Abstract: The article contains propositions for the implementation of conditions for the selection of cadres and greater efficiency of choice of staff, development of educational work and social guarantees for the staff of the Departments of the Ministry of Internal Affairs of the Russian Federation, as well as on achievement of greater trust of the people towards the police.  It is noted that financial difficulties and everyday problems cause officers to commit violations, and difficult working conditions serve as an excuse for such officers. It is noted that one of the lawful rights of officers is their right for reward. Manipulation of the managing officers with their decisions to punish or to reward their staff are somewhat alike to abuse of discretion, therefore, there appears an opportunity for "buy and sell" of such benefits.  All of the officers committing corruption acts in the Department of Internal Affairs of the Russian Federation may be divided into two categories. The first category includes officers, who committed crimes with the use of their official positions, and the second category includes persons wishing to achieve certain official positions with the use of corruption activities. The authors provide measures, which are capable of changing the attutude of the population towards the Departments of Internal Affairs, and to provide for greater trust of the people towards the police, to form the conditions for interest and competition for the positions in the DIA, and improving the status of police officers in society.
Administrative law, municipal law and institutes of democracy
Olimpiev A.Y., Admiralova I.A. - Role of the OSCE in improvement of the mechanism for fighting human trafficking at the international level. pp. 62-69

DOI:
10.7256/2306-9945.2013.5.8847

Abstract: The article discusses functions and goals of the OSCE in Europe regarding prevention of human trafficking at the international level. The author studies the measures of Special Represntative and Coordinator against human trafficking. The OSCE has a significant impact into fighting human trafficking, human trafficking being at the same time a grevious crime and a gross violation of human rights. The Action Plan of the OSCE is a key document, which forms the fundamental basis for the actions against human trafficking. Termination of modern slavery is an important goal, and the Bureau of the Special Representative takes a wide range of measures against it.  The Special Representative and the Bureau promote the approach of the OSCE to human rights throughout their activities on human trafficking starting with the training of the staff of the law-enforcement bodies, and finishing with the fighting organized crime and corruption. The OSCE in Europe works in the name of stability, prosperity and democracy in 56 states, implementing political dialog on common values and practical activities guaranteeing the long-standing changes for the better.
Administrative law, municipal law and the judicial branch
Prizhennikova A.N. - Current situation in the legal regulation of administrative judicial procedure: possible solutions. pp. 70-85

DOI:
10.7256/2306-9945.2013.5.8739

Abstract: Topicality of the issue is due to the current reform of the judiciary in Russia, which is aimed at the formation of independent and fair judiciary. The judicial legal reform facilitates the further advancement of the normative legal basis, and the legislative basis is constantly being amended. The number of claims of natural persons and legal entities in courts becomes greater, and there is a practical discussion of the possibility to divide the judicial system according to the spheres of their competence. Currently within the framework of judicial reform the Draft Federal Law N. 246960 6 "The Administrative Judicial Procedural Code of the Russian Federation" was moved to the State Duma of the Russian Federation on March 28, 2013. It is aimed at the legal regulation of administrative judicial procedure in courts of general jurisdiction, while not encompassing the entire range of administrative judicial procedures, since the proceedings on the administrative offences cases is outside its scope. That is why, there are contradictions, and they shall not be abolished with adoption of the Code. The situation appears again, when the administrative judicial procedure shall be regulated by three Codes, which does not promote unified and efficient administrative justice.
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