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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 № 05/2015
Contents of Issue № 05/2015
Administrative law, municipal law and the issues of culture
Bystrova O. - Administrative grounds of organizing the Museum Fund of the Russian Federation pp. 1-16

DOI:
10.7256/2306-9945.2015.5.18057

Abstract: The research subject covers the administrative grounds of organizing the Museum Fund of the Russian Federation, its government and non-government components. The author considers the legal base regulating the grounds of organizing the Museum Fund. Special attention is paid to the administrative procedure of inclusion of cultural values in the structure of the Museum Fund. The author studies the procedure of keeping the State Catalogue of the Museum Fund. The author analyzes the methods of supervision over preserving and effective managing of cultural values belonging to the Museum Fund. The author applies general scientific methods: the systems method, the dialectical and logical methods, and special legal methods: complex, comparative-legal, analysis, synthesis. For analyzing the legislative base the author applies the method of lexical and grammatical analysis. The novelty of the research lies in the complex consideration of administrative grounds of organization of the Museum Fund of the Russian Federation, and proposes the measures of the current legislation improvement. The author proposes the forms of government control and the procedure of interaction of the state and private individuals possessing museum objects and collections. 
Theory and science of administrative and municipal law
Lapina M.A., Karpukhin D.V. - On the issue of use of the definitions “transparency” and “openness” in respect of the institution of public service in the Russian Federation pp. 17-33

DOI:
10.7256/2306-9945.2015.5.17507

Abstract: The research subject includes the current international and national regulatory instruments and international agreements containing the definitions “transparency” and “openness” in respect of private and public relations, including the institution of public service. At present, the category of “transparency” is embodied in many international agreements and national regulatory instruments, and is being actively developed on the scientific methodological level. But this category is not contained in fundamental regulatory instruments, regulating the institution of public service in the Russian Federation; it raises the question of the possibility to apply this category within the institution of public service. The research methodology is based on the recent achievements of epistemology. The authors apply general scientific and theoretical methods (dialectics, the comparative approach, the system analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The authors conclude that it is necessary to transfer the definition “transparency” from the scientific and methodological sphere to the formal legal one, i.e. it is necessary to legislate this definition in legal acts regulating the institution of public service in the Russian Federation. The authors carry out the comparative analysis of the categories “transparency” and “openness” in international agreements and regulatory instruments with a view to applying the category “transparency” in respect of the institute of public service in the Russian Federation. The authors propose the ways of legal confirmation of the term “transparency” in the current legislation regulating the institution of public service in the Russian Federation. 
Executive authorities and the civil society
Ageev V. - On the anti-corruption commission in the region of the Russian Federation pp. 34-52

DOI:
10.7256/2306-9945.2015.5.18041

Abstract: The research object includes the Model provisions on the anti-corruption commission in the region of the Russian Federation assented by the Presidential Decree of 15 July 2015 No 364 “On the Measures of Improving Anti-corruption Activities”. The research subject includes the Model Provisions on the anti-corruption commission in the region of the Russian Federation. The author considers the experience of the Republic of Tatarstan in establishing anti-corruption commissions. The research methodology comprises regulatory acts of the Russian Federation and its regions. The author applies general scientific and special research methods, such as formal-legal, comparative-legal and the method of interpreting legal provisions. The novelty of the study lies in the lack of works in this field. The author concludes that Presidential Decree of 15 July 2015 No 364 “On the Measures of Improving Anti-corruption Activities” is the element of the “vertical” in the anti-corruption system in the Russian Federation and its regions. 
Administrative and municipal law: business, economy, finance
Bukalerova L.A., Polukarov A.V. - Legislative technique components used in constructing the regulations on commercial crimes pp. 53-60

DOI:
10.7256/2306-9945.2015.5.18067

Abstract: In the last 5-7 years the current criminal law has been supplemented with a significant amount of regulations imposing liability for particular types of commercial crimes. This situation arouses concern. Criminal legislation is traditionally considered as one of the conservative branches of the Russian law system, therefore the frequent changes and supplements to the Russian criminal law can indicate the lack of clear understanding of the goals of the contemporary criminal policy and (or) the means of their achievement. The authors study the issues of the correct use of the components of legislative technique in the provisions of particular regulations of criminal legislation on commercial crimes. The authors apply the set of general scientific and special methods of cognition. On the base of the research of particular articles of chapter 8 of the Criminal Code of the Russian Federation the authors conclude about the poor quality of these regulations. The analysis shows that many rules of legislative technique have been broken in the process of describing legally relevant elements of socially dangerous deeds. This circumstance causes the possibility of ambiguous interpretation and improper practical application of criminal regulations on particular commercial crimes. 
Administrative law, municipal law and security
Mironov A.N. - Imperfection of the legislation on citizens involvement in public order protection pp. 61-69

DOI:
10.7256/2306-9945.2015.5.17184

Abstract: The research subject is the Russian legislation on citizens involvement in public order protection. The author analyzes the Federal law of 02.04.2014 No 44 “On citizens involvement in public order protection” with respect to a possible realization of its particular provisions; offers the author’s understanding of certain moments, which can allow improving this regulatory instrument. The paper presents the author’s positions on enhancing the guarantees for the persons, involved in public order protection, by criminal and administrative legislation. The research methodology includes general methods of cognition and traditional legal methods. The validity and reliability of the research results are determined by the application of the approved research methods, presupposing the complex study of the problem. The author concludes that the adoption of the Federal Law No 44 is the example of a poorly thought-out legal act, the application of which should be estimated during the practice. The author’s proposals can help eliminate some of the existing drawbacks of the legislation on citizens involvement in public order protection. 
Administrative law, municipal law and the issues of informatization
Lokhmanov D.V. - Problems of the public service transparency in the Russian Federation pp. 70-82

DOI:
10.7256/2306-9945.2015.5.18068

Abstract: The author studies the reform aimed at the provision of transparency of public administration and public service in the Russian Federation. The author comes to the conclusion that the recent lack of efficiency of the law enforcement activities of the federal executive authorities, aimed at increasing the transparency of civil service, is conditioned by the absence of administrative regulation of these activities and the lack of personal interest of civil servants in the results of such activities. The methodology of the research is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), the methods of specific sociological research (statistical methods, expert assessments, etc.), and the comparative method. Law enforcement activities, aimed at increasing the efficiency of civil service in the Russian Federation, are not productive enough; some regulatory acts, described in the Methodological recommendations for the projects of transparency in the federal executive authorities, have not been developed yet. The author of the research proposes the specific measures of increasing the transparency of public administration and civil service in the Russian Federation. 
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