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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 № 03/2015
Contents of Issue № 03/2015
Theory and science of administrative and municipal law
Bombitskii A.M. - Administrative rules in the sphere of internal affairs pp. 1-11

DOI:
10.7256/2306-9945.2015.3.16191

Abstract: The subject of the research is the range of legal and organizational problems of administrative-legal regulation of rules used in the sphere of the interior. The author analyzes the concepts of legal regulation of development of rules in the system of the Ministry of Internal Affairs of the Russian Federation. The article presents the author’s positions on the category of “administrative rule”. The main attention is paid to the development of methods and methodology of administrative-legal regulation of positive relations in the sphere of internal affairs. The article presents the author’s positions on the explanation 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 research (the statistical methods, expert assessments, etc.). The author concludes that at present, to provide law and order in the sphere of the interior, it is necessary to enhance forms and methods of administrative-legal regulations of procedural activity. The main contribution of the research is the conclusion about the necessity to develop administrative-legal regulation in the sphere of the interior. The novelty of the research lies in the suggestions to develop forms and methods of administrative-legal regulation in the sphere of the interior and to establish legal and organizational guarantees of legality in the sphere of internal affairs. 
Saidov Z.A. - Public-private partnerships in the regulation of Russia's economy pp. 12-29

DOI:
10.7256/2306-9945.2015.3.16193

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of economic safety. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of its safety provision. The article presents the author’s positions on the notion of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations safety. The author pays special attention to the methods of administrative-legal regulation of pubic-private partnerships in the economic sphere, reveals the peculiarities of these partnerships in the public sector of Russia's economy and offers the ways of their enhancement. 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 research (the statistical methods, expert assessments, etc.). The author concludes that at present, to provide law and order in the economic sphere, it is necessary to enhance forms and methods of administrative-legal public-private partnerships. The main contribution of the author lies in the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the research lies in the suggestions about the development of forms and methods of government regulation of the economy and the establishment of legal and organizational guarantees of legality in Russia's economy. 
Administrative enforcement
Musatkina A.A. - On the issue of the institution of administrative responsibility pp. 30-43

DOI:
10.7256/2306-9945.2015.3.15959

Abstract: The object of the research is the range of social relations in the sphere of functioning of administrative responsibility and the adjacent institutions of measures of protection and security. The subject of the research is the set of norms legitimating the institution of administrative responsibility and the adjacent legal institutions. The author studies the structure of the institution of administrative responsibility, defines its legal nature, distinguishes it from the adjacent legal institutions. The author substantiates the recommendations aimed at the enhancement of legislation and the practice of its application; proves the hierarchical character of the institution of administrative responsibility. The author uses the dialectical, the comparative-legal, the formal-logical methods, the philosophical categories of separate, general and particular, and the laws of transformation of quantitative into qualitative changes, negation of negation and others. The author explains that such types of administrative punishment as suspension of activity are according to their legal nature closer to the measures of administrative protection rather than to the measures of legal responsibility. The paper proves that according to its structure the institution of administrative responsibility in its appearance is similar to the institution of criminal responsibility. It is conditioned by genetic links and the links of coordination and subordination. 
Liability in administrative and municipal law
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. - Causes and conditions of administrative offences pp. 44-62

DOI:
10.7256/2306-9945.2015.3.15876

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of establishing the causes and conditions of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation establishing the causes and conditions of administrative offences. The article presents the authors' position on the notion of administrative-legal prevention of offences and establishment of personal and professional qualities of the subject of an administrative offence. The main attention is paid to the development of methods and methodology of administrative-legal regulation of establishment of the causes and conditions of administrative offences. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article considers the authors' positions concerning 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 logic), as well as the methods used in the concrete sociological research (statistical, expert evaluations, etc.).The authors conclude that to provide law and order in the sphere of administrative law it is necessary to improve the forms and methods of establishment of the causes and conditions of administrative offences. The main contribution of the authors is the conclusion about the necessity to develop administrative regulations of identification of potential subjects of administrative offences. The novelty of the article lies in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity, and the creation of legal and institutional guarantees of legality in our country.
Lipinsky D.A. - Functions of administrative responsibility pp. 63-93

DOI:
10.7256/2306-9945.2015.3.15975

Abstract: The subject of the research is the range of norms of administrative law which regulate the punitive, regulative, preventive and other spheres of action of administrative responsibility. The object of the research is the range of social relations in the sphere of administrative-legal regulation. The author substantiates the punitive, preventive, restorative and educational functions of administrative responsibility. He studies the structure of functions of legal responsibility in terms of its broad understanding, including the positive and negative aspects of realization. The paper notes the shortcomings of the Code of Administrative Offences and offers recommendations aimed at the enhancement of the existing legislation. The author uses the dialectical method, the comparative-legal method, the formal-legal method and the structural-functional analysis. The author comes to the following conclusions:1. The Code of Administrative Offences if characterized by the “continuity” of the shortcomings of the expired Code of Administrative Offences of the RSFSR.  It contains the doubling of compositions of tax offences and at the same time not all administrative offences have been included in the Code of Administrative Offences of the Russian Federation; the Code provides the following forms of administrative punishment: warning, administrative fine, confiscation of a crime instrument or a subject of administrative offence, deprivation of a special right, administrative arrest. Administrative banishment from the Russian Federation and onerous confiscation of a crime instrument in their legal nature are not the measures of administrative punishment. They are the measures of protection. Additional measures of protection are banishment from the Russian Federation, onerous confiscation of a crime instrument, applied simultaneously with the measures of administrative punishment, are aimed at strengthening of restorative effect of administrative responsibility if ordinary measures are not enough.2. Liquidation of a legal person, suspension of a license, nullification of a license, prohibition of certain forms of activity are effective ways of private prevention of administrative offences since they exclude the subject from a definite sphere of social relations and deprive it of an actual and legal opportunity to commit a similar offence, but they should be contained in a single systematized normative-legal act – the Code of Administrative Offences of the Russian Federation, the more so because the legislator has chosen this way of administrative responsibility imposition.3. Administrative disqualification, deprivation of a special right, suspension of a license, annulation of a license, confiscation of a crime instrument exclude an actual or legal opportunity to commit an administrative offence in definite spheres of social relations and thus further their normalization and restoration; the prevalence of fines in administrative sanctions indicates that the state considers a fine not only as the means of punishment and prevention but also as the means of budget replenishment and compensation of losses incurred by the state in the result of the committed crime. Each administrative offence damages not only the aggrieved party but the state in whole, and the fine is one of the ways of compensation of the damage. 
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