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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 № 04/2017
Contents of Issue № 04/2017
Theory and science of administrative and municipal law
Ishimbaev D.Z. - Peculiarities of control and inspection activities of municipal government in the Russian state during post-reform period (the case of Ufa province) pp. 1-7

DOI:
10.7256/2306-9945.2017.4.21628

Abstract: The research subject is the peculiarities of control and inspection activities of municipal government in the Russian state during post-reform period. The author studies the case of Ufa province. The paper contains the structure of local government bodies, which were in charge of control and inspection work, the list of their competences, the procedure of their formation and designation of officials. Special attention is given to the analysis of violations and abuses, which had taken place during inspections, and the mechanism of their elimination. The research methodology is based on general scientific methods: empirical method, analysis, inductive and deductive method, and specific scientific methods: formal-legal and concrete-historical method. The scientific novelty of the study consists in the author’s conclusion that the absence of task-oriented inspections of city dumas by central and provincial authorities proves that, firstly, the state considered them as independent bodies, and secondly, the system of state inspection activity wasn’t elaborated. 
Public and municipal service and the citizen
Vasileva E.A. - Motivation in the system of public service in the Republic of Sakha (Yakutia): sociological analysis pp. 8-24

DOI:
10.7256/2306-9945.2017.4.23384

Abstract: The research subject is value-normative structure of regional public servants defining their motivation, and its transformation in the process of restructuring, which had taken place in 2016. Within the framework of this study, motivation is understood as readiness to pursue working within the system of public service, career planning and work satisfaction. The author defines the following key motives: material, i.e. orientation to high income, social benefits and guarantees, career and status motives, employment stability and intensity of work. The research is based on the method of questionnaire survey. The author uses stratified quota sample of 274 respondents with confidence interval of 5.55% and confidence probability of 95%. The author concludes that the key motive, which determined public servants’ readiness to pursue working in executive authorities in 2016, was stability of employment, and after restructuring – material motives. Besides, the key factor, defining the appeal of public service as a place of employment, is career expectations and stability of employment. During restructuring, the motivation had decreased. As the key demotivators, respondents mention low incomes and increased intensity of work. The author also notes high correlation between work satisfaction and public service period. Financial gain, social status and psychological climate are also significant factors of motivation. It means that under the conditions of frustration, public servants seek for other incentives to pursue working for public service. 
Administrative enforcement
Kostyuchenko K., Korkin A.V. - Cybernetic approach to use of firearms by police officers pp. 25-34

DOI:
10.7256/2306-9945.2017.4.23321

Abstract: The research subject is legal and organizational problems of preparation of police officers to the situations involving use of firearms as one of the forms of administrative coercion. Solutions to such problems lie within the improvement and conjunction of particular aspects of professional training (weapons training, legal training, tactical training, physical training, psychological training, etc.). A conceptually new way to solve these problems is the cybernetic approach based on three fundamental aspects of cybernetics: information, management and organizational. The research methodology is based on such general philosophical methods as observation and modeling, and the method of comparative analysis and the system method. The author considers a cybernetic system, in which the mechanism of decision-making over the issue of use of firearms by a police officer (management object) is a component of the system of official activities and professional training of a police officer (management cycle). The author concludes that all the elements of the system of police officers training for use of firearms should be aimed at the final result – effective and legal use of firearms. To achieve this result, the author offers particular procedures corresponding with fundamental aspects of cybernetics: observation of certain information background during training (situational targets, environment, light, sounds, etc.); appropriate reflection of all elements of the training system in official documents, optimal target setting in the training process.
Liability in administrative and municipal law
Mamatov M.V., Maslov I.A. - Administrative responsibility for the violation of the procedure of consideration of citizens’ appeals pp. 35-49

DOI:
10.7256/2306-9945.2017.4.23325

Abstract: The authors study the issues of legal regulation and implementation of the provisions of article 5.59 of the Administrative Offences Code of the Russian Federation containing administrative responsibility for the violation of the procedure of consideration of citizens’ appeals. The paper analyzes provisions of legislation, organizational and information and guidance documents of Russian prosecution agencies, statistical data and judicial practice. The authors study and assess various viewpoints on the issues of the sphere under consideration including the subjects of such violation, appropriate qualification, etc. The study is based on general scientific dialectical method of cognition and the related scientific methods, structural and functional analysis, logical, legal, statistical methods and the method of legal modeling. The paper presents the results of the analysis of law-enforcement practice of realization of administrative responsibility for the violations contained in article 5.59 of the Administrative Offences Code of the Russian Federation, which reflect the current situation in the sphere under consideration. The authors study statistical data of the key authorities involved in this sphere of relations. The authors conclude that the range of detected problems can be solved by means of law enforcement practice, and some of them need to be regulated. 
Administrative and municipal legal practice
Sineokii O.V. - Socio-communication characteristics of internal and service phonodocuments: essence, typology, functions, legal regime pp. 50-72

DOI:
10.7256/2306-9945.2017.4.23795

Abstract: This study is performed at the intersection of document science, archive science, information law and some related sciences. It describes the phenomenon of a phonodocument in the global communications space from the position of analysis of its evolution, current condition and directions of transformations. The research subject is the content, typology, service functions, legal peculiarities of internal phonodocuments functioning as sources of recorder information of various types. The purpose of the study is to specify internal phonodocuments as a specific sector of service means within the development of an integral concept of genesis and functioning of phonodocuments, and to specify the classification of information audio-sources of this type. The research methodology is based on the metatheory of social communication (noocommunicology). It helps consider the processes of creation, production, distribution, use and storage of an internal phonodocument as a system. The author uses the methods of comparative analysis, scientific prognostication, terminological analysis and archive science. Based on the interdisciplinary synthesis of socio-communication, system-functional, synergetic, sociocultural, historical-typological approaches, the author outlines the specificities of internal phonodocuments compared with other types of audio sources. The author presents the phonodocumental communication concept as disconnected elements, which had been brought together and integrated into the balanced system. The typology of phonodocuments is based on new features – types of sound carriers, peculiarities of recorder audio content and specificity of service functions. The author broadens the field of study by means of in-depth systematization of the bulk of non-musical phonodocuments. The author distinguishes internal phonodocuments as a specific cluster of communications space. For the first time in scientific literature, the author studies the essence and the purpose of phonodocuments of this type, formulates the key patterns of formation and principles of classification of internal phonodocuments. The author describes advantages and disadvantages of revision of consumer forms of internal phonodocuments, proposes the directions of improvement of legislative support of legal regime of internal phonodocuments with restricted access. 
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