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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 № 02/2016
Contents of Issue № 02/2016
Theory and science of administrative and municipal law
Ruchkina G.F., Vengerovskii E.L. - On the issue of the managing companies’ activities licensing in the sphere of housing maintenance and utilities pp. 1-9

DOI:
10.7256/2306-9945.2016.2.18272

Abstract: The authors consider such an important aspect of housing and utilities services ensuring as the managing companies’ activities licensing, and analyze the legislative novels in the sphere of licensing agencies, and the licensing requirements introduced in 2015. The research subject includes the statutory acts of the Ministry of Construction, Housing and Utilities in the sphere in question aimed at the improvement of public control mechanisms in the field of managing companies’ activities licensing. The authors pay special attention to the legal status of the self-regulating agencies’ representatives in the process of licensing, since their participation is necessary for corruption risks mitigation. The authors apply the comparative-legal method helping to detect the main drawbacks of the current legislation. The scientific novelty of the study consists in the complex analysis of the current legislation regulating the managing companies’ activities on the sphere of housing maintenance and utilities management. The authors propose the amendments to federal laws and delegate legislation aimed at the improvement of licensing mechanisms and the provision of access of competitive managing companies, providing high quality housing and utilities services, to this market. 
Public and municipal service and the citizen
Kazantseva O.L. - Encouragement of public officials as a means of state service promotion pp. 10-20

DOI:
10.7256/2306-9945.2016.2.18832

Abstract: At present the state pays significant attention to the promotion of public service at large and civil service in particular. Chiefly it is manifested in the government policy of legal, social, economic, and other guarantees encouraging public servants towards the increase of quality and effectiveness of their work and a further career progress. At the same time, the correlation between state and municipal service determines the need for promotion of municipal service. Thus it is important and reasonable to study the government measures aimed at the promotion of the positive image of local government, the encouragement of local authorities and public servants. The article studies the forms of encouragement of public servants, provided by the legislation and municipal acts and applied in practice; the author detects the level of their effectiveness and offers the extra measures of municipal servants encouragement towards the effective work and development of creativity and initiative. The research base is composed of the scientific views of legal scholars and the legal sources which are analyzed with the help of general scientific and special methods. The results of the study can be used by the legislator for a further improvement of statutory acts in the sphere of encouragement of municipal servants, by legal scholars and students. 
Administrative law, municipal law and security
Kostennikov M.V., Maksimov S.N. - Principles of economic safety ensuring in administrative law pp. 21-29

DOI:
10.7256/2306-9945.2016.2.18754

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of economic safety. The authors analyze the concepts of legal regulation of economic relations from the position of administrative-legal regulation of their safety ensuring. The paper demonstrates the authors’ positions on the concept 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 authors analyze the concepts of development of law and economics in the modern situation. The paper shows the authors’ positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The authors state that it is necessary to develop administrative-legal regulation of economic safety. The paper contains the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of Russia’s economy. 
Administrative process and procedure
Ponikarova T.V. - Classification of guaranteeing provisions ensuring the legality of administrative and delict proceedings in the penitentiary system of the Russian Federation pp. 30-37

DOI:
10.7256/2306-9945.2016.2.18707

Abstract: The research subject is the scientific classification of guaranteeing provisions ensuring the legality of administrative and delict proceedings in the penitentiary system of the Russian Federation. The study of such legal guarantees can demonstrate the role of procedural provisions in the process of implementation of such proceedings with legality guarantees. The paper studies guaranteeing provisions ensuring the legality of administrative and delict proceedings (administrative proceedings) in the penitentiary system of Russia. The methodological and theoretical basis of the study is the dialectical method. The author also applies the method of evolutional analysis of guaranteeing provisions and the deductive method of study of guaranteeing provisions in the sphere of ensuring legality of administrative and delict proceedings in the penitentiary system. Moreover, the author uses the methods of induction, analysis, and synthesis which help to acquire the results related to the conceptual framework of the study. The scientific novelty consists in the development of guaranteeing provisions ensuring the legality of administrative and delict proceedings in the penitentiary system of Russia. For the first time the author fixes the types of guaranteeing provisions. The author substantiates the content of such provisions in the activities of bodies and agencies of the penitentiary system, which is very important for the law enforcement activities of the officers of the penitentiary system of Russia. 
Public service, municipal service and issues in the fight against corruption
Kabanov P.A. - Anti-corruption awareness: concept, content, conditions of formation pp. 38-54

DOI:
10.7256/2306-9945.2016.2.18846

Abstract: The purpose of the research is to form the general idea of anti-corruption awareness, its content, the conditions of formation, and the measures of improvement. The research tasks are: the analysis of statutory acts of various levels (federal, regional, municipal, local) regulating the issues of formation of anti-corruption awareness of the population and various social groups; the development of scientific (doctrinal) legal definition of anti-corruption awareness; the disclosure of the legal essence of anti-corruption awareness as a form of anti-corruption activity; the detection of the main conditions of anti-corruption awareness formation; the disclosure of obstacles to the formation of anti-corruption awareness; the formulation of measures of anti-corruption awareness provision. The research methodology is based on dialectical materialism and the related general scientific methods of cognition: analysis, synthesis, comparison, and other methods used in the contemporary legal science. The author formulates the legal definition of anti-corruption awareness, defines its forms and the conditions of its formation, reveals the main obstacles to its formation, and offers the particular methods of anti-corruption awareness provision in the contemporary Russian society. 
Polukarov A.V. - Administrative-legal regulation of anti-corruption monitoring in the social sphere in the Russian Federation pp. 55-62

DOI:
10.7256/2306-9945.2016.2.18865

Abstract: The research subject is legal regulation of anti-corruption monitoring in the social sphere. The topicality of this problem is determined by the fact that nowadays corruption in the social sphere arouses particular concern, since it threatens social relations protecting the fundamentals of the social sphere of the society, in particular, the protection of citizens, including those in need, children, and physically challenged persons, and the protection of health. The author substantiates the necessity to enhance by all legal means struggle against corruption in the implementation of the national anti-corruption plan. The author suggests developing the monitoring of anti-corruption legislation implementation thus stimulating a more effective struggle against corruption in this sphere and enhancing the preventive function of administrative law. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the forms and methods of anti-corruption monitoring. The author states that it is necessary to develop legal regulation of struggle against corruption and offers the ways of development of forms and methods of anti-corruption monitoring and guaranteeing legality in the social sphere. 
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