NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 03/2017
Contents of Issue № 03/2017
Liability in administrative and municipal law
Neganova E.N. - Directions of law-making in the sphere of administrative liability for the breach of the social constitutional right to housing pp. 1-6

DOI:
10.7256/2306-9945.2017.3.22997

Abstract: The research subject is the range of norms of housing law, contained in the Administrative Offences Code of the Russian Federation, aimed at the protection of citizens’ rights against bureaucratic arbitrariness in the sphere of the social constitutional right to housing. The author states that the current compositions of administrative offences on the federal level don’t guarantee proper protection of the realization of the social constitutional right to housing. This fact speaks for the insufficiency of housing law with regard to the necessary administrative sanctions. However, the provisions of the Administrative Offences Code, containing the description of the compositions of administrative offences in the sphere of housing law, are disorganized and chaotic. The author formulates scientific conclusions based on the collection, generalization and analysis of judicial decisions of the courts of different levels and the materials of prosecutor’s practice contained in the reports, newsletters and information letters of the prosecutors of the Russian Federation and other levels for 2005 – 2016. The author also uses the comparative-legal method to analyze the provisions of administrative and housing law. In order to eliminate the legislative gaps in housing law, it is necessary to formalize the right to improved housing and the registration of those needing housing, thus guaranteeing citizens’ constitutional rights to housing. The administrative offences compositions system in the sphere of the right to housing, contained in the Administrative Offences Code of the Russian Federation, should be structured in accordance with the general fundamentals of law and constitutional law. 
Question at hand
Veretentseva I.V. - Problem aspects of administrative and jurisdictional activities of customs agencies in the sphere of protection of intellectual property rights pp. 7-17

DOI:
10.7256/2306-9945.2017.3.23309

Abstract: The research subject is the problem aspects of administrative and jurisdictional activities of customs agencies in the sphere of protection of intellectual property rights. The author defines and considers some problem issues caused by the performance of administrative jurisdiction by customs agencies in the mentioned sphere: connected with the proceedings on administrative cases in the sphere of intellectual property right (specified in article 7.12, part 1, and article 14.10 of the Administrative Offences Code of the Russian Federation) and with citizens’ appeals proceedings. The research methodology is based on the set of general scientific and specific research methods of cognition (the dialectical method, analysis, synthesis, analogy, deduction, the formal-logical and comparative-legal method). The scientific novelty of the study consists in the fact that the author reveals the problem aspects of administrative and jurisdictional activities of customs agencies in the sphere of the protection of intellectual property rights, and offers the possible variants to solve these issues in order to improve this sector of customs agencies’ activities and raise its effectiveness.  
Theory and science of administrative and municipal law
Kolesnikov Yu.A., Butko Yu.B. - Classification of banks and banking sector segmentation: foreign and Russian experience of legal regulation pp. 18-28

DOI:
10.7256/2306-9945.2017.3.23395

Abstract: This article discusses the international experience in determining the concept of a bank. The authors give special attention to the classification of credit organizations in retrospective and international context, with a particular focus on the division of banks into investment and commercial institutions. The authors describe the existing worldwide trend of banking universalization. The authors analyze the admissibility of banking sector differentiation in connection with the realization of a multi-level banking system in the Russian Federation and the prospects and the influence of formalization of such distinction on law enforcement practice. The methodology of the research consists of general scientific methods of enquiry such as analysis, synthesis, analogy, induction, modelling, as well as the specific methods of legal science including the historical, comparative and prognostication methods. The scientific novelty of the research lies in determining the patterns of banking legal regulation development and the further assessment of a multi-level banking system feasibility. The main conclusion of the research consists in the admissibility of banking business differentiation in Russia, contrary to the prevailing opinion about the necessity of universalization.
Zatsepina E.M. - Regulatory functions of the Bank of Russia in the sphere of microfinance activities pp. 29-35

DOI:
10.7256/2306-9945.2017.3.22197

Abstract: The author studies the main regulatory functions of the Bank of Russia in the sphere of microfinance activities. The structural reform of microfinancing in Russia, which had consisted in the introduction of the institution of self-regulation in July 2016, actualized the issues of differentiation of regulatory functions of public authorities and organizations. The author characterizes the jurisdictional functions of the Bank of Russia in the sphere of microfinancing. Significant attention is given to the regulatory functions. The author defines the correlation between the concept of “control” and “supervision”. The research methodology is based on general scientific (analysis, synthesis, classification, description) and specific methods of cognition (formal-dogmatic, system-structural, and the method of legal interpretation). The scientific novelty of the study is determined by the amendments to the Federal law of 2 July 2010 “On microfinance activities and microfinance organizations”, particularly by the introduction of the institution of self-regulation in the sphere of microfinancing and endowing them with some functions of the Bank of Russian in the sphere of regulation of microcredit and microfinance organizations. 
Management law
Bratanovskii S.N., Lisitskaya A.V. - Administrative and legal aspects of realization of the principles of state control over automobile transport in the Russian Federation pp. 36-56

DOI:
10.7256/2306-9945.2017.3.19843

Abstract: The research subject is the set of legal documents guaranteeing the implementation of principles of state control over automobile transport in the Russian Federation. The purpose of the research is to study the problems of the process of implementation and to develop administrative provisions, which can help solve these problems.The authors analyze the concept of the principles of state control and describe their scientific classification. The authors consider each of the principles and characterize them. Special attention is given to the principle of the priority of life and health of the participants of road traffic over the economic results. The research is based on the methods of system analysis, the comparative-legal, formal-legal and other methods approved by modern jurisprudence. The authors conclude that the proposed administrative-legal measures aimed at the increase the effectiveness of passenger and cargo carriage can be integrated in the current state programs subject to appropriate financing. The scientific novelty of the study consists in the analysis of administrative and legal problems of state control over automobile transport and in the elaboration of proposals about their elimination. 
Administrative process and procedure
Sultanov K.A. - Issues of initiation of administrative investigation into an unidentified person pp. 57-63

DOI:
10.7256/2306-9945.2017.3.22411

Abstract: The research subject is the ussies of initiation of administrative investigation into an unidentified person. The research object is administrative investigation as a stage of administrative proceedings. The author studies the normative framework and draft laws regulating investigation into unidentified persons. Special attention is given to the procedure of initiation of administrative investigation in territorial bodies of the Ministry of Internal Affairs. The author describes the cases when it is impossible to initiate investigation into an unidentified person. The author formulates particular recommendations for the formation of a unified law enforcement practice of administrative proceedings in territorial bodies of the Ministry of Internal Affairs. The research methodology is determined by the set of the most commonly used research methods including analysis and synthesis of legislation about the topic under study, the formal-legal method, structural-logical exposition of the material, comparative-legal method. The author concludes about the illegitimacy of initiation of administrative investigation into an unidentified person in a similar way to criminal proceedings. The author specifies particular recommendations for the formation of single law-enforcement practice of administrative proceedings in territorial bodies of the Ministry of Internal Affairs. The scientific novelty of the study consists in the assessment of the current condition of legislation on administrative investigation. A special author’s contribution is the definition of ways of further improvement and the prospects of development of the procedure of initiation of investigation in particular persons. The practical significance of the study consists in elaboration of scientifically grounded proposals about elimination of violations of the procedure of imposition of administrative sanctions. 
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