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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 № 02/2017
Contents of Issue № 02/2017
Theory and science of administrative and municipal law
Zatsepina E. - Administrative regulation of the activities of microfinance organizations pp. 1-9

DOI:
10.7256/2306-9945.2017.2.22839

Abstract: The paper considers the problems of administrative regulation of the activities of microfinance organizations. Global changes in microfinancing, first of all, vesting the Bank of Russia with powers to regulate, control and supervise over the activities of microfinance and microcredit organizations, and with jurisdictional powers, and the introduction of the institution of self-regulation, prove the unquestionable necessity of administrative studies in this sphere. The author pays attention to the peculiarities of normative regulation of the activities of microfinance organizations and reveals the key powers of the Bank of Russia in the sphere of regulation of microfinance organizations. The research methodology is based on general scientific (analysis, synthesis, comparison, classification, description, analogy, generalization, induction, and deduction) and specific research methods (formal-dogmatic, comparative-legal, system-structural, and the method of legal interpretation). The scientific novelty of the study consists in the complex research of the peculiarities of administrative regulation of the activities of microfinance organizations. The author reveals the main approaches of law-enforcement practice and scientific works to the definition of the “microfinancing” concept, and considers the peculiarities of normative regulation in the sphere of microfinancing. 
Administrative and municipal law: business, economy, finance
Kurakin A.V., Karpukhin D.V. - Prudential component of banking supervision pp. 10-19

DOI:
10.7256/2306-9945.2017.2.22992

Abstract: The research subject is the range of current provisions of the federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and the subordinate statutory acts issued by the Bank of Russia, which govern prudential regulation in the banking sphere. The authors study theoretical and methodological approaches to the problem of prudential regulation formed in Russian jurisprudence. The specificity of these provisions consists in their technical legal character mediating economic indexes of the activity of lending institutions. The paper analyzes coercive measures imposed on lending institutions for the violation of prudential directions, which compose the actively forming institution of prudential supervision as a component of banking supervision. The research methodology is based on the set of various methods of scientific cognition. The authors apply theoretical philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, modeling); traditional methods of jurisprudence (formal logical, interpretation); the comparative method, which is used for the comparison of general legal categories and doctrinal views on the subject of the research. The authors conclude that there is a collision between the federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and the subordinate acts regulating the functioning of lending institutions. This collision consists in the fundamental differences in the normative interpretation of the essence of prudential provisions. At the level of the federal law, prudential provisions include economic indexes of the activities of lending institutions, while at the level of subordinate acts, they include the provisions establishing responsibility for the violation of the accounting procedure by lending institutions. The most important authors’ contribution is the study of doctrinal approaches to the prudential component of banking supervision and the analysis of normative regulation of economic indexes of banking at the level of subordinate acts issued by the Central Bank. The authors note the necessity to exclude formal violations, infringing the accounting procedure of lending institutions, from the list of prudential provisions, and to include them in the Administrative Offences Code of the Russian Federation. The scientific novelty of the study consists in the consideration of the problem of the formation of the institution of prudential supervision in the banking sphere, and in distinguishing between technical provisions, establishing economic indexes of the functioning of lending institutions, and formal violations, infringing the established accounting procedure of lending institutions within banking supervision. 
Liability in administrative and municipal law
Lipinsky D.A., Musatkina A.A. - Goals and functions of administrative punishments pp. 20-37

DOI:
10.7256/2306-9945.2017.2.22440

Abstract: The research object covers the goals and functions of administrative punishments; the research subject is the range of administrative norms predetermining the functioning of the administrative punishments institution. Along with the functions, traditional for administrative punishments, which are the punitive and the preventive ones, the authors give special attention to the regulative and the reconstructive functions. The authors note the close connection between the goals and functions of administrative punishments and the tasks of the legislation on administrative offences, and study the peculiarities of realization of each of the functions of administrative punishment. Within particular functions, the authors outline sub-functions, which reflect particular aspects of realization of the particular function. The authors apply functional and teleological methods, and comparative-legal and formal-legal methods. The basic research method is the dialectical method. Some conclusions and provisions are based on the methods of deduction and induction, analysis and synthesis, and the philosophical principle of transition from quantity to quality and the unity and struggle of opposites. The authors come to the following conclusions:Administrative punishments have the following goals: regulation of social relations; punishing an administrative offender; prevention of administrative offences and crimes; restoration of social relations; correction of the offender. The authors formulate the new version of the article 1.2 of the Administrative Offences Code “Tasks of the legislation of the Russian Federation on administrative offences”: The tasks of the legislation on administrative offences include: protection of a personality, and human and civil rights and freedoms; protection of citizens’ health and sanitary and epidemiological welfare of the population; protection of public morality, environment, the established public order and public safety and property; protection of legal economic interests of persons and legal entities, the society and the state against administrative offences, and prevention of administrative offences”.Functions of administrative punishment are the directions of its impact on social relations and legal consciousness of subjects, which reveal its social purpose and achieve its goals.A regulative function of administrative punishment is the direction of administrative impact, which consists in ordering behavior of the subjects of administrative responsibility both prior to and after the administrative offence, and the use of measures of administrative punishment by authorized bodies.A preventive function of administrative punishment is a direction of legal impact, which consists in the prevention of an administrative offence or a crime described in the Criminal Code.A reconstructive function of administrative punishment is legal impact on the breached social relations for the purpose of their ordering, reconstruction, and restoration of social justice and order.A punitive function is the imposition of personal, property, organizational, psychological or other restrictions on the offender. 
Law-enforcement legislation
Tul'skaya E.A. - Principles of disciplinary practice in internal affairs pp. 38-49

DOI:
10.7256/2306-9945.2017.2.22377

Abstract: The paper considers the problem of disciplinary practice in internal affairs and substantiates the necessity to ensure discipline and legality in internal affairs. The problem in determined by legal and organizational problems, connected with disciplinary practice provision. The topicality of the issue under study is determined by the fact that discipline and legality in internal affairs influence the quality of the police’s work. The author proves that the effectiveness of disciplinary practice is affected by the quality of formalized principles of its provision. Based on the conducted research, the author suggests improving the mechanism of implementation of particular principles of disciplinary practice. The research methodology is based on traditional methods if scientific cognition. The author applies general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and induction), traditional methods of jurisprudence (formal logical), and the methods of specific sociological research (statistical assessments, etc.). The author concludes that at the present time, to ensure disciplinary practice in internal affairs of Russia, it is necessary to improve the quality of the corresponding principles and take them into account in law enforcement activities of internal affairs agencies. The author reveals the content of the principles of disciplinary practice and formulates their concepts in the theoretical aspect. 
Administrative law, municipal law and the issues of informatization
Khaliullin A.I. - Use of information technologies in the work of prosecution agencies of the Russian Federation pp. 50-53

DOI:
10.7256/2306-9945.2017.2.22896

Abstract: The article considers the promising directions of use of information technologies for the purpose of raising the effectiveness of prosecutor’s supervision and organization of the work of prosecution agencies of the Russian Federation. The author gives special attention to the current state of the normative base of electronic document management in prosecution agencies, and states the necessity of its further development. The author considers the positive experience of organization of the information system of prosecution agencies, automatized information complexes and specialized information systems. The research methodology is based on the functional method, the method of structural analysis and content-analysis. The author also applies general logical methods: analysis, synthesis, deduction and induction. The author suggests launching the particular elements of such public administration concepts as “state as an information processing platform” and “state as structure providing government services”. The author suggests maximum simplification of the existing procedures by means of automatization of composing and processing of documents, minimization of human’s involvement in adoption and registration of documents, and the possibility of checkback of the applicant’s documents.  
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