DOI: 10.7256/2306-9945.2015.4.16509

Abstract: The subject of the article is the range of problems of legal and theoretical understanding of service law as a structural element of the system of administrative law. The author summarizes the results of a scientific discussion about service law and concludes that service law is not a sub-branch of administrative law; public service is still one of the fundamental institutions of administrative law. The author analyzes the concepts of service law from the position of administrative-legal regulation of employer-employee relations in Russia. The article presents the author’s positions on the public service concept. The main attention is paid to the development of methodology of administrative-legal regulation of employer-employee relations. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present there are no grounds for service law formation. The author substantiates the conclusion that service law is not a sub-branch of administrative law, and public service is still one of the fundamental institutions of administrative law. The novelty of the research lies in the suggestions about the theory and the system of administrative law development. 

DOI: 10.7256/2306-9945.2015.4.16565

Abstract: The subject of the article is the range of legal and organizational problems of administrative and legal regulation of the police's activities aimed at the prevention of administrative offences in the sphere of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of legality provision. The article presents the author's positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative and legal regulation of the police's activities in the field of entrepreneurship. In addition, the author carries out the theoretical and legal analysis of the concepts of law and economics development in the modern conditions. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis comprises 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), and the methods of specific sociological studies (statistics, expert assessments, etc.).The main conclusion of the research is that at present, in order to provide the legality in the field of entrepreneurship, it is necessary to improve the forms and methods of administrative-legal activities of the police in this sphere.The main contribution of the author is the statement about the necessity to develop administrative and legal regulation of the police's activities in prevention of the offenses in the field of entrepreneurship. The novelty of the paper consists in the proposals for the development of forms and methods of work of the Russian police in the field of entrepreneurship and the creation of legal and institutional guarantees for legality in Russia's economy.

DOI: 10.7256/2306-9945.2015.4.16508

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of financial control. The author carries out theoretical and legal analysis of the federal legislation which characterizes jurisdictional authorities of control and account bodies of external public audit (control); the elements of this legislation don't conform to each other from the viewpoint of application of budget measures of coercion and the possibility to reveal, prevent and impose administrative liability for administrative offences in the public finance sphere. The opportunity from July 2013 to apply fiscal measures of coercion, to draw up a Protocol of administrative violation and to pass it to special departments of Executive authorities or courts, does not provide the full special administrative-jurisdictional status of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions. The article substantiates the need to improve federal legislation in order to achieve harmonization of coercive measures in the public sector and the authorities of external public audit bodies contained in the Budget Code of the Russian Federation and the Code of administrative offences. The methodological basis comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.).The author concludes that at present it is necessary to amend the legislation on control and account bodies with such principles of activity as planning and efficiency, responsibility, coordination of actions with other bodies of financial control, officials' competency and information transparancy. The article presents the author's position on the increase of the period of limitation for administrative liability imposition in the sphere of public finance. The author comes to the conclusion about the necessity to provide control and account bodies with the right to consider administrative cases in budget sphere. 

DOI: 10.7256/2306-9945.2015.4.16660

Abstract: The article focuses on legal and organizational problems of implementation of administrative responsibility for breaches of the legislation on contract system in procurement of goods, works, and services for state and municipal needs. The author carries out a detailed theoretical and legal analysis of the concepts of administrative responsibility. The article presents the author's position on the concept of legal regulation of administrative responsibility. The main attention is paid to the development of methods and methodology of administrative-legal regulation of responsibility in administrative law. The study shows the author's position on the interpretation and legal regulation of these categories. The methodological basis of the article comprises the current achievements of epistemology. The author applies 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 specific sociological studies (statistical, expert evaluation, etc.). The author concludes that at present in order to ensure legality in the sphere of procurement of goods, works and services for state and municipal needs it is necessary to improve the forms and methods of administrative-legal regulation in this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of responsibility in the sphere of public procurement. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of administrative responsibility and the creation of legal and institutional guarantees of legality in public procurement.

DOI: 10.7256/2306-9945.2015.4.16507

Abstract: The article is devoted to the legal characteristics and the peculiarities of administrative and jurisdictional activity of customs authorities. The author investigates the legal basis and the types of administrative - jurisdictional proceedings, the order of their registration and their role and importance in the activities of the customs bodies in the Customs Union within the Eurasian Economic Union. The article focuses on the legal and organizational problems of administrative and legal regulation of administrative proceedings. The author carries out the theoretical and legal analysis of the concepts of administrative and jurisdictional activity. The main attention is paid to the development of the methods and methodology of administrative proceedings in the customs sphere. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the customs sphere it is necessary to improve the forms and methods of procedural activities of customs bodies. The author speaks about the necessity to develop administrative-legal regulation of administrative proceedings. The novelty of the research lies in the suggestions about the development of forms and methods of public regulation of customs activities and the provision of legal and organizational guarantees of legality in the sphere of customs administration.