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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 № 08/2013
Contents of Issue № 08/2013
Administrative and municipal law: business, economy, finance
Korzun S.Y., . - Modern Principles of Tax and Financial Control and the Role of Police in Providing it pp. 1-24

DOI:
10.7256/2306-9945.2013.8.9956

Abstract: Financial contol held at the Ministry of Internal Affairs of Russia is meant to contribute to efficient performance of the MIA's tasks in the sphere of enforcement of law and order. In order to make it possible for the Ministry of Internal Affairs to perform these tasks, the government provides the Ministry with all necessary material and financial resources. In addition, agencies and organizations of the Ministry have the right to carry out non-budgetary activities for the purpose of gaining profits. Noteworthy that the Ministry of Internal Affairs of the Russian Federation controls quite significant material assets and resources. The Ministry of Internal Affairs participate in budgetary and economic relations. In this regard, official financial control held at the Ministry of Internal Affairs is very important. Official financial control is supposed to enforce law and financial discipline in the sphere of internal affairs as well as to prevent and terminate cases of misuse of public funds, misappropriation and etc. 
Administrative and municipal law: forms and methods of implementation (practice)
Tregubova E.V. - Permission and prohibition in administrative law. pp. 25-56

DOI:
10.7256/2306-9945.2013.8.9953

Abstract: It is noted in the article that theoretical developments allow to make a conclusion, that based on its functional purpose legal prohibitions may implement prevention and interception of offences in various spheres of administrative legal regulation, as well as having an informative role. Additionally, generalization of several positions on legal prohibitions within the mechanism of legal reguation of social relations in the sphre of administrative legal reality allows one to note that prohibitions implement different social functions in various legal spheres.  However, the uniting element for all of the types of legal prohibition is the fact that they limit anti-social or unlawful behavior.  Protective function of the administrative legal prohibition is due to the social need to protect the interests of a person. The protective function of the administrative law prohibition is due to the social need to protect interests of a person, society and state from undesirable events.  This function is implemented via application of legal responsibility for the prohibited acts. Recognizing a significant role of administrative legal prohibition in the sphere of protection of public order, one should take into account the real capabilities of these legal means.
Management law
Kananykina E.S. - The system of French higher education. pp. 57-81

DOI:
10.7256/2306-9945.2013.8.687

Abstract: The pronounced national specificities are typical for the French education system. It has its own system of diplomas and scientific degrees, special division into cycles, special attitude towards the diplomas of state educational institutions (being much more prestigious than those of private schools and higher education institutions). From the time when the  Dupanloup Law "On the Freedom of Higher Education" of July 19, 1875 the functioniong of the system of higher education is regulated by national legislative acts, decrees and instructions of the state government bodies. The structure and functions of the educational institutions, curriculums and programs are mostly defined by the Instructions of hte Ministry of National Education in spite of the university authonomy announced by the laws. The specific feature of the French system of public education is strict centralization and administrative uniformity, and it lost its topicality in the modern society. The curriculums and programs, school order, assignment, movement, and dismissal of teachers of state educational institutions are regulated in much detail  by regulations, instructions, orders of the Ministry of National Education, and they currently give in to the processes of delegation of competence and self-government. Decentralization of education is based upon two principles: separation of competence and complement principle. While the state delegated the competence regarding school transportation, functioning, utilities and construction of school institutions to the local territorial bodies, it still guarantees hiring and training of teachers and management of teaching staff. It defines the main directions of development of national education, as well as the education programs. 
Administrative law, municipal law and human rights
Kostennikov M.V., ., . - Constitutional Right to Conduct Peaceful Meetings, Gatherings, Demonstrations, Marches and Picketings and Administrative Responsibility as a Way to Enforce it pp. 82-105

DOI:
10.7256/2306-9945.2013.8.9955

Abstract: Reinforced administrative responsibility for violation of law in different fields of state administration leads to the growth of importance of a relevant form of legal responsibility as a mean of law enforcement. The authors of the present article describe peculiarities of administrative responsibility for violation of the law on gatherings, meetings, demonstrations, marches and picketings. The authors also describe diffrent forms of public events and offers various classifications of these events. The most important feature of administrative offence is the danger it creates for the society. The authors state that differentiation of administrative offences from other violations is the first and the most important priority of a law enforcement official. The authors' classification of public events allows to see their diversity. This is very important for selecting a proper mean of legal responsibility to apply to the event organizer and participants. 
Public service, municipal service and issues in the fight against corruption
Nekrasova T.A. - Legal regulation of fighting corruption in the private sphere. pp. 106-125

DOI:
10.7256/2306-9945.2013.8.9928

Abstract: The article concerns criminal and near-criminal spheres of corruption manifestations in the private law sphere. The author provides the typology of corruption acts and delicts in the private law sector and analyzes their consequences.  The author also analyzes the social legal nature of corruption in the private law sphere.  She evaluates historic roots, which have caused a gap in the law-enforcement approaches towards fighting corruption in public and private spheres. The author notes many disproportions in legislative and law-enforcement approaches in private and public spheres.  She also defines the sphere of manifestation of corruption in private sector, providing corruptive schemes, which the business uses to guarantee profits and development. She evaluates the methods of bad faith business acts in the sphere of order placement, licensing and other permissive procedures. The author also describes the unlawful relations with the representatives of business structures and corporate raiding.  The article also contains analysis of corruption inside companies - in the  sphere of placement of orders and cadres, the author describes the forms of corruption interaction of representatives of public government and business. Based upon the studies, the author makes propositions for the amendments into the current legislation.
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