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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 № 03/2016
Contents of Issue № 03/2016
Administrative and municipal law: business, economy, finance
Lapin A.V. - Utilization fee for vehicles, self-propelled vehicles and trailers in the Russian Federation pp. 1-11

DOI:
10.7256/2306-9945.2016.3.18875

Abstract: The article focuses on theoretical, organizational, economic and legal problems of state regulation of utilization fee for vehicles in modern Russia. Introduced in 2012, the utilization fee has undergone recent significant changes, and since 2016 it's being applied not only to vehicles (cars, trucks, etc.), but also to trailers and self-propelled machines. The established sum does not correspond with the costs associated with the disposal of vehicles withdrawn from exploitation. At the same time, environmental safety is proclaimed the main purpose of a utilization fee.The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and system methods, analysis, synthesis, analogy, deduction, the formal-logical, comparative-legal and statistical methods, expert assessments and others. The author concludes that it is necessary to scientifically substantiate the sums of a utilization fee for vehicles, self-propelled vehicles and trailers produced both in Russia and abroad. The scientific contribution of the author is the characteristic of the legal nature of a utilization fee and the economic substantiation of the prognosis of the rapid appreciation of some types of vehicles, which will lead to the decrease of production figures of transport, construction, agriculture and forestry enterprises, to a slower renovation of the population of machines and specialized machinery, to a further decrease of competitiveness of Russian companies. 
Law-enforcement legislation
Tsvetkov I.B. - Investigator’s authorities in ensuring the realization of rights and legitimate interests of the accused when bringing a charge against him pp. 12-18

DOI:
10.7256/2306-9945.2016.3.19118

Abstract: The research subject is the legal regime of the investigator’s work aimed at ensuring the realization of rights and legitimate interests of the accused when bringing a charge against him. The author analyzes the provisions of the current legislation in the sphere of criminal legal proceedings and investigation. The research object is the range of social relations emerging in the process of preliminary investigation when involving a person as a defendant. Special attention is paid to the investigator’s work in the field of explaining the rights and legitimate interests to the accused and ensuring the realization of these rights. The author applies the set of general scientific and special research methods of cognition including the normative-logical method, system analysis, synthesis, analysis, deduction, induction and others. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of the mechanism of realization of investigator’s authorities in ensuring the implementation of rights and legitimate interests of the accused when bringing a charge against him. The author concludes that the investigator’s work aimed at ensuring the realization of rights and legitimate interests of a person is possible and should be executed even before involving this person as a defendant. The investigator must inform the person about his procedural rights and ensure the conditions for their realization before indictment. 
Administrative law, municipal law and human rights
Admiralova I.A. - The peculiarities of enforcement of rights and freedoms of citizens in the activities of German police pp. 19-25

DOI:
10.7256/2306-9945.2016.3.18954

Abstract: The paper considers the problems of rights and freedoms of citizens enforcement via the administrative and legal mechanism of activities of police in Germany; the author pays attention to the constructive components of this mechanism and formulates the proposals about the introduction of the positive experience of Germany and the European countries in Russian legislation. The author emphasizes the fact that the enforcement of rights and freedoms of citizens in the administrative activities of police in Germany is implemented via the legal regulation mechanism which helps combine different legal instruments in a certain set, channel them and, eventually, subordinate them to the interests of the person, the society and the state. The research methodology is based on the dialectical method of cognition. The applied system and activity approach allow considering the mechanism of administrative and legal enforcement of rights and freedoms of citizens in the activities of German police from the position of detection of patterns and linkages typical for its structural components. The system nature of risks determines the necessity of scientific development of the conceptual grounds of administrative and legal enforcement of rights and freedoms of citizens by the police. Such a development allows detecting the novelty of the study and working out the recommendations for the creation of the conditions for the enforcement of rights and freedoms of citizens in the process of implementing particular forms of administrative activities by the police using the example of Germany. 
Academic life
Bikeev I.I., Magizov R.R. - Review of the monograph by P.A. Kabanov “Anti-corruption monitoring in Russian regions: issues of theory and practice of legal regulation”. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2015. – 181 p. pp. 26-39

DOI:
10.7256/2306-9945.2016.3.19010

Abstract: The subject of the analysis is the monographic research by Pavel Aleksandrovich Kabanov, Doctor of Legal Sciences, Professor of the department of criminology of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, devoted to the problem of “Anti-corruption monitoring in Russian regions: issues of theory and practice of legal regulation” and published at Nizhny Novgorod Academy of the MIA of Russia. The purpose of the research is the assessment of the quality of the scientific work devoted to the scientifically and practically important problem. The tasks of the research are: a) searching for, detecting and describing the merits of the work; b) searching for, detecting and describing the issues requiring further development by the author or other scholars. The research methodology is based on the dialectical materialism and the related methods of system and structural analysis. The scientific novelty consists in the authors’ assessment of a significant innovative monographic research by professor Kabanov devoted to the issues of organization and realization of anti-corruption monitoring in the Russian Federation on regional and municipal level. The authors’ conclusions have a significant scientific importance for the development of anti-corruption monitoring as an independent measuring tool of anti-corruption practice. 
Administrative law, municipal law and the issues of political science
Shilenkova A. - Historical and politological analysis of the national innovation policy of Russia pp. 40-46

DOI:
10.7256/2306-9945.2016.3.18972

Abstract: The research subject is the historical and politological analysis of the formation and realization of the national innovation policy of Russia. The analysis of the national innovation policy in this context can allow illustrating the process of its formation, development and modernization, the methods of formation and realization, the transformation of the institutional base, the technologies of interaction of political institutions in the process of formation and realization of the national innovation policy and normative-legal regulation; that is to say, it gives the opportunity of a retrospective characteristic of the formation and development of the national innovation policy model of Russia. The application of the retrospective method of study of the national innovation policy of Russia allows detecting its historical peculiarities, including the specificity of formation of the priorities, considering its key drawbacks, the main propulsive forces influencing the processes of its formation, development and realization. The novelty of the study consists in the fact that most works in the field of studying the innovation policy and activity are devoted to the economic aspect, particularly to the peculiarities of innovation partnership between entrepreneurs and the state; the present study demonstrates the connection between the political and cultural context and the modern condition of the national innovation policy of Russia. 
Administrative law, municipal law and the judicial branch
Kireeva E.Y. - Ensuring legality in the sphere of public management of judicial bodies pp. 47-55

DOI:
10.7256/2306-9945.2016.3.18961

Abstract: The research subject includes statutory instruments regulating the authorities of judicial bodies in the monitoring of legality of administrative acts and the official data of executive bodies on the results of this monitoring. The author considers the change of the legislation in the sphere of division of jurisdiction over cases in the sphere under consideration between different branches of judicial system; analyzes the authorities of judicial bodies in the monitoring of legality of administrative acts and the legal consequences of deeming administrative acts illegal. The article substantiates the necessity to strengthen legality in the judicial sphere by all legal means. The author applies the methods of system analysis, the comparative-legal, formal-logical and other methods accepted in modern jurisprudence. The novelty of the study is conditioned by the characteristic of the recent changes in the procedural legislation of the Russian Federation (the Administrative Procedure Code, the Civil Code, the Administrative Court Procedure Code of the Russian Federation) regulating the jurisdiction of cases on appeal against normative and non-normative acts of executive bodies and officials, the author’s systematization of subjects and objects of judicial supervision over legality of acts in the sphere of public management. The author concludes that at present, in order to ensure legality if the sphere of public management, it is necessary to improve forms and methods of its ensuring. The author states that it is necessary to develop legal regulation of legality ensuring. The novelty of the study consists in the proposals about the development of forms and methods of legality ensuring in the judicial sphere. 
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