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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 № 05/2016
Contents of Issue № 05/2016
Theory and science of administrative and municipal law
Agamagomedova S. - The concept and the limits of oversight functions of customs agencies pp. 1-7

DOI:
10.7256/2306-9945.2016.5.20352

Abstract: The research object is oversight functions of customs agencies. In the author’s opinion, the administrative and legal status of customs agencies as the subjects of customs control is based on their competence, which includes the set of oversight authorities of a customs agency. The author differentiates oversight and jurisdictional authorities of customs bodies. The paper contains the definition of oversight functions of customs agencies; the author differentiates two directions, based on the control vector: those related to the subordinate subjects and those related to independent subjects. Besides, the author denotes the limits of oversight functions of customs authorities and introduces the concept of an “oversight space” in relation to customs control. The author applies the methods of structural and functional and system analysis, systematization and modeling, and the formal-legal method. The scientific novelty of the study consists in the definition of the legal notion of “oversight functions of customs agencies”, the detection of their temporal, spatial, procedural and functional limits. The customs agency’s competence, including oversight functions, is the base of the administrative and legal status of customs agencies as the subjects of customs control. Besides, the author introduces the concept of an “oversight space” in relation to customs control. 
Administrative enforcement
Vinokurov A.Y. - The peculiarities of legal regulation of the participation of a prosecutor in administrative prosecution of persons with special legal status in the Republic of Kazakhstan pp. 8-16

DOI:
10.7256/2306-9945.2016.5.20320

Abstract: The research subject is the specificity of legal regulation of application of administrative and jurisdictional measures against persons with special legal status, and the role of a prosecutor in these procedures, in the Republic of Kazakhstan. The author emphasizes the fact that, unlike the Russian legislation, containing special legislative acts for persons with special legal status, in the Republic of Kazakhstan only one codified legislative instrument regulates these issues. The author applies the comparative method and compares the particular provisions of the legislation of the Republic of Kazakhstan with the corresponding provisions of Russian legislation. This study is the first study in Russia, devoted to the mechanism of application of administrative and jurisdictional procedures to persons with special legal status in the context of the participation of a prosecutor in the Republic of Kazakhstan. The author suggests to adopt the positive experience of Kazakhstan in Russian legislation. 
Liability in administrative and municipal law
Karavaev A.O., Zabaykalov A. - On particular aspects of an Internet Service Provider’s responsibility for copyright infringement on the Internet pp. 17-25

DOI:
10.7256/2306-9945.2016.5.19787

Abstract: The article considers the topical aspects of a provider’s responsibility for copyright infringement on the Internet. The authors study the particular gaps and inconsistences in the legal regulation of this sphere. Particularly, the authors note the shortcomings of the normative conceptual framework typical for anti-counterfeiting legislation. The authors analyze the approaches to this problem, applied in foreign countries and in Russia, substantiate and formulate the suggestions about the improvement of the current Russian legislation. The research methodology is based on the traditional principles and methods of jurisprudence: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that the constant resource locking, prescribed by the Federal Law of 2 July 2013 No 187 “On amending particular statutory instruments of the Russian Federation on the issues of copyright protection in information and telecommunication networks”, contradicts the basic principles of civil law. It is particularly important in the context of the absence of real mechanisms of interlock bypass prevention. Besides, the authors give attention to the problems of legal regulation of an “information intermediary” status. 
Law-enforcement legislation
Kravchenko A., Khazhirokov V. - The models of the state’s law enforcement function in a federation: a comparative-legal aspect pp. 26-38

DOI:
10.7256/2306-9945.2016.5.20248

Abstract: The article studies the issues of reception of the elements of law enforcement models of foreign states into Russia’s legal space. The research subject is the national law enforcement models of federations. The purpose of the research is the detection of the correlation between regional factors and particular national law enforcement models. The authors hypothesize that a national law enforcement model of any state directly depends on the range of regional factors, formed in the context of internal peculiarities (ethnocultural, religious, socio-economic, etc.) and external threats (trans-border crime, geopolitical interests, international terrorism, ets.). The research methodology is based on general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling) and special research methods: the comparative-legal, system, culturological, historical, etc. The scientific novelty of the research consists in the original approach to the understanding of the problem of search for the ideal law enforcement model for the Russian state with the help of the analysis of the roots of national peculiarities of the law enforcement function modeling as the objective grounds of differences in traditional systems of means, methods and ways of protection of law and order in a state. The authors consider the national law enforcement models of the USA, England, Germany, Japan, Singapore and the countries of the Islamic law, and analyze the attempt to create a universal law enforcement model within international law. The authors formulate the conclusions, containing generalizations, including the theses about the historical nature of the particular national law enforcement models, their objective dependence on the particular mental, historical, geopolitical, criminogenic, political and other conditions, and the related limitedness of legal receptions from other national law enforcement systems and their integration into Russia’s legal space. 
Public service, municipal service and issues in the fight against corruption
Polukarov A.V. - Forms of corruption offences at the municipal level of administrative regulation of the social sphere pp. 39-52

DOI:
10.7256/2306-9945.2016.5.19717

Abstract: The research subject is the problem of application of administrative anti-corruption measures at the municipal level of regulation of the social sphere. This problem is caused by legal and organizational problems, occurring during the implementation of anti-corruption legislation at the municipal level of regulation of social relations. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life.The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests to improve anti-corruption mechanisms in the social sphere. 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), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere. 
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