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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 № 04/2016
Contents of Issue № 04/2016
Public and municipal service and the citizen
Korniichuk O.O. - The need for the official informing about the distribution of budget provisions in the Federal Penitentiary Service of Russia for welfare payments to the penal system officers and their families pp. 1-8

DOI:
10.7256/2306-9945.2016.4.18909

Abstract: The research subject covers the problems of budgetary funds using in the Federal Penitentiary Service. The author notes that, despite the declared success of the reforms in the sphere of social support of the penal system officers and their families, the existing economic and political problems (the economic crisis caused by the sanctions after the 2014 events in Ukraine, the reduction of budget provisions of the Federal Penitentiary Service, the stay of legal norms which used to provide for the increase of substantive pays of the penal system officers adjusted for inflation and others) lead to the distrust of the personnel in the senior staff, legal nihilism, the outflow of the personnel from the penal system and the weakening of its professional core. In the author’s opinion, one of the reasons for corruption crimes in the penal system is the social despondency of the penal system officers and their dissatisfaction with their material standing. Corruption destabilizes the normal functioning of the penitentiary system, undermines the citizens’ trust in law enforcement agencies, and, therefore, should be considered on the federal level. The urgency of this study is conditioned by the fact that at present, in order to maintain the penal system officers’ and their families’ trust in law and the state, and the effectiveness of the social support and implementation of their rights, acquired in accordance with the current legislation, establishing the officially recognized status of this category of citizen, the work of the Federal Penitentiary Service of Russia and the management of different levels should be transparent. The informing about the distribution of budget provisions within the Federal Penitentiary Service of Russia for welfare payments to the penal system officers and their families should be carried out both in the form of reports on the official websites of institutions, agencies and organizations of the penal system, and on the official website of the Federal Penitentiary Service of the Russian Federation. The research methodology is based on the latest achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to optimize budget expenses in the penal system, it is necessary to improve forms and methods of their application monitoring. The author asserts that it is necessary to develop legal regulation of financial control within the penal system. The author proposes the ways to develop forms and methods of budget monitoring in the penal system. 
Law-enforcement legislation
Maiorov V.I. - Problems of organization of voluntary people’s patrols as a form of participation of citizens in public order protection (the case of Chelyabinsk region) pp. 9-14

DOI:
10.7256/2306-9945.2016.4.20145

Abstract: The paper considers the principles of people’s patrols functioning as one of the forms of participation of citizens in public order protection. The interaction of citizens and law enforcement agencies, aimed at law and order maintenance and rights and lawful interests of citizens protection, is one of the main directions of work reflected in the federal laws “On Police” and “On the participation of citizens in public order protection”. The author analyzes the most important problems of people’s patrol’s activities, using the case of Chelyabinsk region, and proposes the ways of their solution. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to increase the effectiveness of public order protection, it is necessary to improve legal and organizational bases of cooperation between citizens and the police. The author asserts that it is necessary to increase the quality of interaction between citizens in the sphere of public order protection. The author demonstrates the peculiarities of this interaction in Chelyabinsk region. 
Administrative law, municipal law and financial activity
Shauro I.G., Zabaykalov A. - Particular restrictions of the subject matter of a public-private partnership in modern Russia pp. 15-21

DOI:
10.7256/2306-9945.2016.4.19903

Abstract: The article considers particular elements of legal regulation of public-private partnership in modern Russia. The authors note that the latest federal legislation, unlike the one previously applied in the constituent units of the Russian Federation in this sphere, contains ungrounded restrictions. In particular, the Federal Law of 13 July 2015 No 224 “On public-private partnership, municipal-private partnership in the Russian Federation and introduction of amendments to particular statutory acts of the Russian Federation” contains the restriction of participation of foreign citizens in the relations, regulated by the law, as well as self-employed persons and associations of persons acting without forming a legal entity by a simple partnership agreement (joint cooperation agreement). The research methodology is based on traditional principles and methods of jurisprudence: dialectics, analysis, synthesis, analogy, deduction, etc. The analysis helps the authors eliminate this restriction: admit foreign citizens to participation in public-private and municipal-private partnership and allow self-employed persons acting without forming a legal entity to participate in local and municipal partnerships. 
Public service, municipal service and issues in the fight against corruption
Polukarov A.V. - On the issue of the improvement of administrative measures of combating corruption in the social sphere pp. 22-34

DOI:
10.7256/2306-9945.2016.4.18950

Abstract: The research subject is legal regulation of the improvement of combating corruption in the social sphere. The topicality of this issue can be explained by the fact that at present corruption in the social sphere causes special concerns, since in this sphere it infringes on social relations protecting the fundamentals of the social sphere of the society. In particular, it is about the protection of citizens in difficult situation, children, disabled people, and the issues of health. The author substantiates the necessity to strengthen combating corruption and implementation of the combating corruption national plan by all administrative means. The author suggests developing the monitoring of implementation of the regulation on combating corruption, thus increasing the effectiveness of combating corruption in this sphere and strengthening 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 methods of jurisprudence (formal-logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of information support of combating corruption in the social sphere and the control over property of the social sector employees. The author asserts that it is necessary to develop legal regulation of combating corruption. The scientific novelty of the study consists in the proposals about the development of forms and methods of combating corruption in the social sphere. 
Kabanov P.A. - Anti-corruption education in the territorial units of the Russian Federation: the experience of legal regulation of organization and the prospects of development pp. 35-55

DOI:
10.7256/2306-9945.2016.4.19728

Abstract: The research subject is anti-corruption education as an instrument of combating corruption in the territorial units of the Russian Federation. The purpose of the research is the assessment of the condition of anti-corruption education in the territorial units of the Russian Federation and the development of proposals (recommendations) for the improvement of application of this instrument in anti-corruption activities of local authorities. The main tasks of the study are: a) the analysis of regional anti-corruption legislation and subordinate statutory instruments regulating the issues of organization and implementation of anti-corruption education; b) the assessment of regional statutory instruments regulating the issues of organization and implementation of anti-corruption education; c) the development of proposals for the improvement of legal regulation of the issues of organization and implementation of anti-corruption education and its practices. The research methodology includes dialectical materialism and general scientific methods of analysis, synthesis, grouping, comparison, and other methods used in legal sciences. The scientific novelty of the study consists in the fact that it is the first study in Russian legal science which considers the issues of legal regulation of anti-corruption education as an instrument of corruption prevention on the local level. The author detects the drawbacks of its legal regulation and organization of anti-corruption education and proposes the measures for the further development of the anti-corruption education institution. 
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