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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 № 03/2014
Contents of Issue № 03/2014
Theory and science of administrative and municipal law
Agamyan A.A. - On the issue of interpretation of the term "budget expenditures". pp. 1-11

DOI:
10.7256/2306-9945.2014.3.11898

Abstract: The article is devoted to defining the budget expenditures, based upon their main elements. The author points out that the Budget Code of the Russian Federation does not use the definition of budget expenditures. It uses a different term "expenditures of budget". The semantic contents of these two terms are different, since "budget expenditures" include all of expenditures due for the payment and uptaken for payment within the procedure established by law.  The expenditures of budget only refer to whether certain funds belong to budget or not. The main elements of budget expenditures are the following: they are a public category; they usually may not be returned; they do not form and do not repay liabilities; they are provided by the state permanently; they are a budget law category for the economic relations on distribution and use of the centralized monetary funds regulated by the law.  The article also concerns the main doctrinal definitions of budget expenditures and the author offers a definition.
Issues of administrative and municipal legal relationship
Tregubova E.V. - Institution of stimuli and limitations in the administrative law. pp. 12-43

DOI:
10.7256/2306-9945.2014.3.11896

Abstract: It is noted in the article that the theoretical developments allow one to draw a conclusion that based upon their functional purpose the legal prohibitions may implement prevention and interception of offences in various spheres of administrative legal regulation, as well as serving the information purpose.  Additionally, generalization of a number of opinions on legal prohibitions within the mechanism of legal regulation of social relations in the sphere of administrative legal reality allows one to stat that prohibitions serve different functions in different branches of law.  However, the uniting force for all of the legal prohibitions is that they limit the anti-social or illegal behavior. The protective function of administrative law prohibitions is due to the social need for the protection of interests of individuals, society and state from unwanted acts.  This function is implemented via legal responsibilty for prohibited acts. Recognizing the significant role of administrative law prohibitions in the sphere of preservation of the legal order, one should take into account the realistic capabilities of these legal means.
Administrative law, municipal law and security
Kalinin G. - On the issue of organizing fighting terrorism and biological security guarantees in the veterinarian sphere. pp. 44-49

DOI:
10.7256/2306-9945.2014.3.11897

Abstract: In last two decades the Russian Federation have been facing a problem of organizing the fight against various manifestations of the terrorism threat.  The Federal Service for Veterinarian and Vegetation Sanitary Supervision provides supervision over the physical protection of the sources of especially hazardous organisms. However, there are problems with the practical implementation of this problem. The Territorial Divisions of the said Federal Service had to solve this problem independently and develop the methods for supervision over such objects.  Control and supervision once every three years is obviously not sufficient for the dangerous objects, which may be subject to terrorist attacks.  It is not clear what is understood as "especially hazardous organisms".  The veterinary legislation lacks both the definition of "physical protection" and the criteria for its application towards the veterinary supervision objects.  The procedure for this type of supervision should be clearly regulated.
Administrative law, municipal law and judicial reforms
Prizhennikova A.N. - Development of legislation on administrative judicial proceedings: topical issues. pp. 50-60

DOI:
10.7256/2306-9945.2014.3.11848

Abstract: There are many discussions regarding the need for an unified specialized law - the Code of Administrative Judicial Proceedings, which should serve as a fundamental act for the activities of the administrative courts.  On May 1, 2013 the State Duma has adopted in the first reading the Draft N. 246690-6 of the Code of Administrative Judicial Proceedings of the Russian Federation (hereinafter, the Code). Finally, the draft Code was made public in Russia! According to the Code it is proposed to provide within the special law for the norms on judicial proceedings in the courts of general jurisdiction for the cases arising out of administrative and other public relations (Art. 1).  Unlike arbitration and civil judicial proceedings there is no plan for the formation of a separate group of courts for the implementation of the administrative judicial proceedings.  The courts of general jurisdiction shall deal with the administrative cases according to the rules established by the said Code.  Therefore, the cases arising from administrative legal relations are reflected in the Civil Procedural Code of the Russian Federation of November 14, 2002 N. 138-FZ (hereinafter, the CPC of the RF), and the Arbitration Procedural Code of the Russian Federation of July 24, 2002 N. 95-FZ (hereinafter, the APC of the RF). In the parallel with the APC and CPC of the RF the procedural norms of the Administrative Offences Code of the Russian Federation of December 30, 2001 N. 195-FZ (hereinafter, the AOC of the RF) are applied.  Division of administrative procedural norms among the three codes: the CPC, the APC and the AOC of the Russian Federation does not allow for provision of sufficient guarantees of rights of natural persons and legal entities from the abuse of competence by the public bodies. The author draws a conclusion that administrative cases should be dealt with within the framework of independent administrative process, and they should be regulated by the Code for Administrative Judicial Proceedings, establishing the methodology, other procedural acts regarding proceeding and decisions on the cases arising from such relations with due regard to the specific character of grounds, character, subjects and objects of such disputes.
Public service, municipal service and issues in the fight against corruption
Kabanov P.A. - Legal linguistic uncertainty as an object for the anti-corruption expertise of normative legal acts and drafts of normative legal acts. pp. 61-71

DOI:
10.7256/2306-9945.2014.3.12055

Abstract: The object of the scientific research is legal linguistic uncertainty as a corruption-generating factor, while also being an an object for the anti-corruption expertise of normative legal acts and drafts of normative legal acts according to the current Russian anti-corruption legislation. The subject field of studies includes certain types of legal linguistic uncertainty, such as semantic linguistic uncertainty, hidden linguistic uncertainty, other types of uncertainty, which need to be terminated within the other types of expertise, such as linguistic and legal expertise.  The main methodological approach within the studies is dialectic materialism and the general and specific scientific methods of legal reality cognition. The article for the first time in the Russian legal literature regards the phenomenon of legal linguistic uncertainty as a comprehensive legal, philological and anti-corruption problem, the author establishes and describes types of its manifestations  (semantic, latent). The author defines legal fundamentals for the neutralization of this corruption-generating factor in the modern Russian lawmaking, and he also supports the proposal of Russian scholars on the formation of the novel scientific direction and expert practice in the sphere of anti-corruption legal linguistic expertise.
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