Электронный журнал Nb: административное право и практика администрирования - №1 за 2018 год - Содержание, список статей - ISSN: 2306-9945 - Издательство NotaBene



NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 01/2018
Contents of Issue № 01/2018
Legal entities of administrative and financial law
Fedoseeva K. - Concerning Some Legal Aspects of Guaranteeing Transperancy and Availability of Information about State (Municipal) Agency Activities pp. 1-9


Abstract: The subject of this research is the requirement of transperancy and availability of informatin about state (municipal) agencies as this is the quality criterion of state and municipal services in the field of legal regulation. This is a topical issue due to the fact that at the present time legislators search for quality criteria to evaluate the service of state (municipal) agencies while granting them certain guarantees of financial independence. In her article Fedoseeva carries out an analysis of this requirement in various spheres of the Russian Federation legislation regulating activity of such agencies. The author also analyzes how this requirement is used for independent evaluation of service quality. In her research Fedoseeva has ussed such methods as comparison, generalisation, systems analysis, deduction and induction. She makes a conclusion that the content of the requirement for information transperancy and availability is an interdisciplinary issue because of the public nature of such agencies and their activities. Thus, fulfilment of this requirement should be used as an indicator of the service quality and influnece the process of evaluating efficient bugetary funds spending by the institutor. At the same time, the institution of independent evaluation of service quality may be used as an efficient instrument of monitoring the quality of financial management in the sphere of the budget. 
Executive authorities and the civil society
Esipov V.A. - The Federal Law 'On Federal Security Service Agencies of the Russian Federation' of 1995: Some Areas of Concern in the Process of Adopting pp. 10-17


Abstract: In his article Esipov traces back the process of adoption of the federal law on Security Service Agencies of the Russian Federation of 1995. The author of the article analyses problems that are related to adoption and singing of the aforesaid law in terms of reformation of Russia's state security agencies at the beginning of the 1990. Noteworthy that adoption of that law was preceded with the transformatoin of the state security system in 1993 - 1994 which weakened the system yet again. When being discussed by the National Duma of the Russian Federation, the law was changed a lot including the title thereof. As a result, the Counterintelligence Service was renamed as security services. The Federal Security Service Agencies of the Russian Federation replaced the law on federal state security agencies of 1992. That law set forth general provisions regulating activity of the Federal Security Services, purposes, principles, competences, control and supervision thereof. In his research the author has used such methods as the method of structured system analysis, legalistic method, comparative law method, and legal modelling method. The author of the article gives a comparative description of two legal acts and describes their similarities and differences. As it has turned out, many provisions of the law on federal state security authorities have been transferred to the law on Federal Security Service agencies. As a result, the author makes a conclusion that the law of 1992 could have been amended instead of adopting a new law. That would reduce time and efforts that have been taken to improve the legal basis of the security service. 
Theory and science of administrative and municipal law
Zeinalov F.N., Gubenkov O.E. - 'Vehicle Drive': the Need to Include the Definition Thereof in Russia's Administrative Laws
pp. 18-23


Abstract: The subject of the research is the social and legal relations in the sphere of road safety. The aim of the research is to analyze the legal basis that regulates the sphere of road safety, in particular, qualifying certain kinds of administrative offenses that relate to driving a vehicle, definition of qualifying features of 'vehicle drive' as a legal category and recommendation to codify it by law. The authors of the article examine such aspects of the topic as the legal codification of the main features of 'drive', definition of the term 'vehicle drive', and experience of the foreign states in interpretion of this definition. The authors pay special attention to the need to include the definition of 'vehicle drive' in applicable laws and to improve administrative laws that qualify features of vehicle drive. The methodological basis of the research implies philosophical knowledge that defines the main requirements for scientific theories, essence, structure and sphere of application of research and analysis methods; fundamental provisions of the theory of law and state; generalisation of the practical experience and application of logical and system analysis methods. The authors have also used monographic, comparative and other research methods. The scope of the application of the research results may include legal activity of state authorities, law-enforcement activity of competent authorities, process of education, road safety researches and improvement of particular branches of the Russian law. The novelty of the research is caused by the practical and theoretical importance of law enforcement issues of road safety. In conclusion, the authors suggest to make amendments to Part 1.2 of The Traffic Rules, in particular, make a definition of 'vehicle drive'. 
Public service, municipal service and issues in the fight against corruption
Damm I.A. - Corruptive Tutoring and Prevention Thereof pp. 24-32


Abstract: Most of participants in the educational relations take a number of educational traditions as a norm, however, some of them are of a corruptive nature. The present article is devoted to particularities of corruptive tutoring as well as the main preventive measures that can be undertaken. Based on the analysis of related laws and regulations, the author of the article differentiates between legal and illegal tutoring. Damm pays special attention to typical features of corruptive tutoring and what makes it different from other unlawful acts. The author gives examples of bringing to criminal liability for corruptive tutoring in the most dangerous forms thereof. In the course of the research the author uses the dialectical research method, structured system approach, formal logical and other research methods. The analysis carried out allows the author to give a definition of corruptive tutoring and describe the most typical features, forms and kinds of corruptive tutoring. The results of the analysis of laws and local acts of education organisations of different kind demonstrate that certain measures to prevent corruptive tutoring are undertaken yet not systemic. 
Issue of the day
Solovyev A.A. - General Description of the Legal Status of Administrative Legal Proceeding Parties pp. 33-43


Abstract: The article is devoted to the legal status of parties participating in administrative legal proceedings. The rationale of this kind of research is defined, firstly, by the appearance of a new codified procedural legal act, The Administrative Court Procedure Code, in Russia. To obtain validate results in the course of his research, Soloviev has used both general research methods (dialectical method, systems approach, analysis, synthesis, analogy, specification, and generalization) and special research methods (formal law and comparative law methods). The author of the article gives a general description of the legal status of different participants in administrative legal proceedings, focuses on the parties thereto (administrative prosecutor and administrative defendant), studies their basic procedural rights and obligations, and analyzes procedural institutions of replacing an improper administrative denendant and procedural legal succession. As a result, the author concludes that particularities of the legal status of administrative legal proceeding parties are conditioned by specific features of this kind of legal proceedings, first of all, their being oriented at the defense of violated or contested rights, freedoms or legal interests of citizens and organisations in the sphere of administrative or other public legal relationships. 
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