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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 № 02/2014
Contents of Issue № 02/2014
Theory and science of administrative and municipal law
Shagieva R.V. - Procedural law in the system of Russian law. pp. 1-18

DOI:
10.7256/2306-9945.2014.2.11211

Abstract: The article presents the approach of the author towards understanding procedural law, showing its correlation with material law, substantiating the criteria for singling out complicated forms of law-enforcement activities, within which the social relations requiring procedural legal regulation are formed. It is stated that division of system of law into sub-systems of material and procedural law should be done in accordance with their place in legal regulation and specific features of interaction of subjects of regulation. Many scientists suppose that procedural legal norms are meant to regulate entire scope of activities of competent bodies on formation and guarantees of existence of material law.  It is noted that procedural law should be connected to legal practice, and with its most complicated forms at that. The author also provides the general theoretical criteria for complicated forms. Strict conformity to all of the procedural norms serves as a guarantee of implementation of material norms.  That is why, law as a system of norms is a union of material and procedural law, and each of the above holds its special place in the legal regulation of social relations.
Administrative and municipal law: business, economy, finance
Tsydypova E.S. - Legal problems regarding qualification of violations of Law on Competition Protection in the Oil Products Market. pp. 19-39

DOI:
10.7256/2306-9945.2014.2.11077

Abstract: The article concerns the problems of qualification of acts of economic subjects in violation of the Law on Competition Protection in the Oil Products Market. Based upon the analysis of judicial practice, and practice of anti-monopoly body the author stu dies the issues of qualification of acts of economic subjects in the wholesale and retail markets for oil products in the Republic of Buryatia on abuse of dominant position by creation of discriminatory conditions, violation of the prohibition for the coordinated actions limiting competition, and prohibition from bad faith competition. The author attempts to analyze substitution of the terms "coordinated acts" and "treaty".  The methodological basis for the scientific work was formed by the methods of complex studies, interpretation of legal norms, logical, comparative legal method, generalization. The article provides conclusions on the possibility to amend the  Law on Competition Protection in the Oil Products Market regarding dominant economic subjects, including the markets of the goods of same name  and abusing this dominant position. The author studies the evidentiary problems of proving coordinated actions and bad faith competition based upon the materials of judicial practice.
Administrative, municipal law and federal structure of the state
Kostennikov M.V., ., . - On the issue of definition and methods of state administration in administrative law. pp. 40-63

DOI:
10.7256/2306-9945.2014.2.11188

Abstract: The article concerns the problem of state administration, various points of view regarding this category are analyzed and the conclusion is made that state administration is varied in its character and its quality is defined by the methods of administrative legal regulation. That is why their improvement may improve the quality of the public administration regime. The article also contains analysis of the fucionts of public administration, defining its strategic directions. The authors single out the general functions of public administration. Within the mechanism of public administration every function is used to greater or lesser degree, and it is with the use of all of the functions as a complex, which allows to refer to the activities on implementation of public administration.  The authors define the main goals of the term "state regulation", study administrative legal methods of public administration and their classification, single out characteristic features of administrative methods for state regulation, flowing from the very nature of public administration activities and the immediate object of administrative law.
Administrative law, municipal law and security
Vinokurov A.Y. - Security of professional activites of a lawyer. pp. 64-72

DOI:
10.7256/2306-9945.2014.2.11189

Abstract: The article contains an attempt to introduce the term "professional security" as one of the types of security in human activities. It is stressed that lack of professionalism or anti-social views and positions of lawyers may be harmful to people, society and states, and the author discusses the possible ways to avoid it.  According to the official data and the opinions of people most of the lawyers perform their professional duties at a high professional level, possess formidable moral quality and their authority is recognized by the people. The professional and moral qualities necessary for a lawyer can be gained in the process of studies and education of students in the higher professional education institutions.  The conclusion is made that legal education should be profoundly modernized, and the negative elements serving as obstacles in its improvement should be eliminated.  All of the practically tested forms and methods of teaching and education should be used to a full extent in order to improve professionalism of lawyers and improve the quality of their professional activities as one of the means of support of rule of law in the state and its regions.
Public service, municipal service and issues in the fight against corruption
Slepkova O.A. - Definition and specific features of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation. pp. 73-84

DOI:
10.7256/2306-9945.2014.2.10998

Abstract: The article concerns specific features of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation.  Anti-corruption expertise of normative legal acts and drafts of normative legal acts serves as the mechanism for the improvement of quality of legislation, it facilitates abolishment of legislative defects, which may cause corruption offences. It is noted that the quality of legal act is significantlly dependent upon the efficiency of the anti-corruption expertise, and so is its role as a regulator of social relations, and application of the mechanism of anti-corruption expertise at the stage of drafting of a normative legal act is significant.  Topicality of this issue is due to it being a topic of much discussion and lack of relevant studies within the theory of administrative law.  The author analyzes various views of scientists on defining anti-corruption expertise of normative legal acts and drafts of normative legal acts. The author singles out characteristic features of  anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation. Based upon her study the author offers her own definition of anti-corruption expertise of normative legal acts and drafts of normative legal acts in the Federal Customs Service of the Russian Federation.
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