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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 № 01/2015
Contents of Issue № 01/2015
Theory and science of administrative and municipal law
Sidorov E.I. - Qualification of administrative offences consisting in the evasion from the declaration or a false declaration of goods within the Customs Union of the Eurasian Economic Union pp. 1-14

DOI:
10.7256/2306-9945.2015.1.15747

Abstract: The article focuses on the legal and organizational problems of administrative offences qualification. The author carries out the theoretical and legal analysis of the problems of qualification of administrative offences consisting in the evasion from the declaration or a false declaration of goods. The author studies the legal grounds and the composition of these offences, their main types and the peculiarities of qualification by the officials of the customs bodies, the order of procedural registration and the ways of enhancement of law-enforcement practice in this sphere. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide law and order in the sphere of customs it is necessary to enhance the procedural forms of administrative-legal sanctions imposition for the violation of the legislation on administrative offences. The main contribution of the author is the declaration of the need to develop administrative responsibility in the customs sphere. The novelty of the research lies in the proposals about the enhancement of qualification of administrative offences in this sphere.  
Administrative and municipal law: business, economy, finance
Saidov Z.A. - Administrative-legal measures of support for the public sector of economy pp. 15-35

DOI:
10.7256/2306-9945.2015.1.15817

Abstract: The article focuses on the legal and organizational problems of regulation of support for the economy in Russia. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations form the standpoint of administrative-legal regulation of the public and the private sectors of the economy. The article presents the author’s positions towards the notion of the state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. Moreover, the author carries out the theoretical and legal analysis of the concepts of development of law and economics in the modern conditions. The article provides the author’s positions towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide law and order in the sphere of economics it is necessary to enhance the forms and methods of administrative-legal influence on the public and the private sectors of the Russian economy. The main contribution of the author is the declaration of the need to develop the administrative-legal regulation of the economy. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and organizational guarantees of legality in the Russian economy. 
Sheredeko E.V. - Measures of government support for small and medium enterprises in Great Britain pp. 36-44

DOI:
10.7256/2306-9945.2015.1.15863

Abstract: The author studies four directions of government support for SMEs in Great Britain; adduces the latest statistical data on the structure and spheres of business activities of SMEs; analyzes the government programs of support in the spheres of investments and export; demonstrates the benefits granted for the use of enterprise zones in Great Britain. The article is based on the results of the research supported by the funds of the Government Task for the Financial University under the Government of the Russian Federation on 2015. The methodology of the research is based on the general and special methods of scientific cognition: the dialectical, statistical and logical methods, analysis and synthesis. The novelty of the research lies in the complex study of the measures of government support for SMEs in Great Britain. The special contribution of the author consists in the use of the sources (legislation, statutory instruments and executive authorities’ reports) in the English language, which allows the researchers to increase the theoretical and resource base of the Russian science and to use the successful practice in the Russian Federation.  
Law-enforcement legislation
Obydenova T.V. - On the issue of use of the positive experience of Germany in the field of juvenile delinquency prevention in Russia pp. 45-61

DOI:
10.7256/2306-9945.2015.1.15872

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of juvenile delinquency prevention. The author carries out a theoretical and legal analysis of the concepts of legal regulation of preventive activities of the police forces in Germany from the position of administrative-legal regulation of juvenile delinquency prevention. The paper presents the author's positions about the notion of administrative-legal prevention of juvenile delinquency. The main attention is paid to the development of methods and methodology of administrative-legal regulation of juvenile delinquency prevention from the standpoint of German experience. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (the statistical methods, expert assessments, etc.).The author comes to the conclusion about the need to use the experience of law enforcement agencies of Germany in the prevention of administrative offences committed by minors. The author analyzes the activities of special entities carrying out the prevention and suppression of juvenile delinquency in Germany and the possibility of their use in Russia.The novelty of the article lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities in the sphere of the interior.
Administrative law, municipal law and human rights
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. - Identification of a subject of an administrative offence pp. 62-80

DOI:
10.7256/2306-9945.2015.1.15849

Abstract: The article is devoted to legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions about the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia. 
Administrative law, municipal law and the issues of informatization
Bukalerova L.A., Ostroushko A.V. - The specificity of criminal, administrative and civil responsibility for the offences in the information sphere within the system of public management pp. 81-94

DOI:
10.7256/2306-9945.2015.1.14109

Abstract: The object of the research is a range of public relations emerging in the sphere of the official information in the field of public and municipal management, and public relations in the sphere of its protection from infringements. The protected official information in the sphere of public and municipal management is considered in the paper. Isolation of information offences in the sphere of public management into a separate group simplifies the definition of their nature, the comprehension of their essence, and the formation of the preventive system. The definition of the specificity of information offences in the sphere of public management and their characteristics helps to assess the degree of their danger and to regulate more thoroughly the use of criminal, administrative or civil responsibility for unlawful deeds in the sphere of public management. The authors use the set of general scientific and special methods of cognition of social-legal reality. The methodology of the research is based on the dialectical method and the requirements for objectivity, universality, historicism and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As the special scientific method the authors use the comparative-legal method. The authors come to the conclusion about the need to classify and unite all information offences in the sphere of public management into a separate category. The authors suggest the following understanding of information offences in the sphere of public management – the infringements in which the protected official information is an object of an offence or an instrument of an offence. 
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