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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 № 05/2014
Contents of Issue № 05/2014
Administrative enforcement
Borisov S.V., Ul'yanov M.V., Lipatova Z.N. - Administrative-legal prevention of crimes of extremist character and the role of public prosecutor’s office pp. 1-15

DOI:
10.7256/2306-9945.2014.5.13568

Abstract: The article is devoted to the problems of administrative-legal prevention of crimes of extremist character, as they are provided in chapter 20 article 20.28 of Code of Administrative Offences of the Russian Federation (Organization of Activity of a Non-government or Religious Association in Whose Respect a Decision Has Been Taken to Suspend Its Activity), 20.29 (Mass dissemination of extremists materials included into a published official list of extremist materials, as well as their production or keeping for the purpose of mass dissemination), and others, and the prosecutor’s powers realization in the procedures of cases about administrative delinquencies in the sphere of extremist activity prevention.The author uses the general scientific dialectic method and the system approach to social legal problems study. The author offers the abrogation from chapter 13 of the Federal Law “On Combating Extremist Activity” of the part, containing the possibility of consideration of cases concerning the decision about the extremist character of the materials during administrative proceedings, since the administrative responsibility is imposed for the dissemination of extremist materials, which had already been included in the federal list, and it makes it impossible to decide about the extremist character of the materials during administrative proceedings. 
Administrative law, municipal law and human rights
Savoskin A.V. - The category of applicants according to the Federal Law “On the Procedure of Citizens’ Applications Consideration”: types and peculiarities pp. 16-31

DOI:
10.7256/2306-9945.2014.5.13635

Abstract: The article is devoted to the analysis of the category of applicants as subjects of applications, but it doesn’t consider the problem of addressees. Besides the traditional applicants – citizens and groups of citizens, the article analyzes the new subjects – “citizens’ associations, including juridical persons”, and the reasons for including of this two-part formulation into the Federal Law “On the Procedure of Citizens’ Applications Consideration”. The author studies the foreign experience of juridical persons normative inclusion in the category of subjects of law on application. The author studies the problem of the subject of application legal competence, including the question of its presence at different types of applicants. The publication is based on the general scientific dialectic method. The special methods used are: the system-structural method, the formal-juridical method, and the logical and comparative-legal methods. The author substantiates the separation of three independent types of applicants: individual, group of individuals, and organization (association of citizens and juridical person). It is stated that in constitutional legal sense an applicant is always an individual person (not a public one), but neither public authority bodies nor their officials. Organizations’ applications analysis had proved that the constitutional right on application belongs not to each particular member of the collective, but only to the association, i.e. it is not the sum of individual rights on application. The author offers the measures to enhance the legislation, and explains the notions “public individual”, “applicant”, and some others. 
Akopdzhanova M.O. - Legal provision of the institute of compensation for the violation of right of adjudication implementation within reasonable time pp. 32-36

DOI:
10.7256/2306-9945.2014.5.13930

Abstract: The existing Russian legislation provides the mechanisms of protection of citizens' rights of implementation by the officials of adjudications, delivered in favour of those citizens, aimed at securing of their rights and interests, within reasonable time. The article is devoted to the legal mechanisms of such securing, the questions of making answer for the violation of the right of adjudication implementation within reasonable time, for the officials obstruction of this implementation. The article considers the questions of criminal liability for the crime mentioned, the objective and subjective corpus delicity indications. The methodological base of the research is the complex of general and specific scientific methods of the objective social and legal reality understanding in the area studied: analysis, synthesis, systematization and generalization, formal logical method. The article studies the most important aspects of application of the existing Russian legislation norms directed to the provision of citizens' rights of timely implementation of adjudications devoted to their rights protection. The article analyses the norm of the criminal law containing the responsibility for the violation of the requirement. The conclusions of the article can be helpful for the law enforcement bodies during investigation of cases of a respective category, for students, postgraduates, and everyone interested in jurisprudence. 
Public service, municipal service and issues in the fight against corruption
Kabanov P.A. - Legal regulation of the activities of the Expert Council under the Presidential Anti-Corruption Directorate pp. 37-48

DOI:
10.7256/2306-9945.2014.5.12681

Abstract: The subject of the research is evaluation of legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate. The main tasks of the research are:a) evaluation of legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate;b) elaboration of recommendations on the enhancement of legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate. The methodology of the research is based on the universal dialectical method of social reality cognition, and some general scientific methods (analysis, synthesis, comparison, etc.). The scientific originality consists of the fact that the author is the first who considers legal regulation of the activities of a special federal anti-corruption body - the Expert Council under the Presidential Anti-Corruption Directorate, and offers the ways of its development. Particularly, the author suggests amending the Statute of the Expert Council under the Presidential Anti-Corruption Directorate with the norms about the grounds for the Council reorganization and abolition, and exclusion of its members, about the status of external experts, and about the legal status of the Council’s decisions. 
Issue of the day
Belousova E.V. - On the issue of competency in local self-government system pp. 49-68

DOI:
10.7256/2306-9945.2014.5.12223

Abstract: The author of the article analyzes correlation of notions “competency”, “authorities”, and “area of responsibility” in respect to institutions of local government functioning as the public authority bodies of the Russian Federation. The author considers various approaches of modern scholars to definition of the above-mentioned categories. The article reveals the structure and the content of notions “competency”, “authorities”, and “area of responsibility”. The author studies normative provisions of the Federal Law “On general principles of the organization of local self-government of the Russian Federation” from October 6, 2003 with amendments. Special attention is paid to various classifications of authorities and areas of responsibility of the institutions of local government in the Russian Federation. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods, which are used in special sociological research (the statistical method, expert evaluations, etc.).
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