NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative and municipal law: business, economy, finance"
Administrative and municipal law: business, economy, finance
Pavlov P.V. - Cross-Border Trade as a Part of Cross-Border Cooperation Between Russia and Foreign States: Problems of Regulation by Administrative Law pp. 1-71

DOI:
10.7256/2306-9945.2013.2.607

Abstract: Today's applied scientific research focuses on the problems of international cooperation between countries incluing their border territories. At the present time the Russian Federation has a number of international agreements and treaties that define different aspects of cross-border cooperation. The aforesaid agreements and treaties have different contents and targets. However, none of these international agreements has a universal nature which would define forms and mechanisms of cross-border cooperation of adjoining territories in general. These agreements touch on only some aspects of interaction between a number of the Russian Federation constituents and border territories of other neighbouring countries. One of the most important forms of cross-border cooperation is the cross-border trade. Therefore, in order to further regulate the process of cross-border trade in Russia, it is necessary to study the experience of cross-border cooperation with foreign states and incorporate all necessary elements into the Russian legal system. The author of the artile analyzes global experience of cross-border cooperation and defines the main problems arising in cross-border trade relations in Russia. The author suggests particular approaches to solution of these problems. The author offers to make particular amendments to the current law of the Russian Federation and to implement the Development Concept of Cross-Border Trade. 
Korzun S.Yu., Ukraintseva A.I. - Modern Principles of Tax and Financial Control and the Role of Police in Providing it pp. 1-24

DOI:
10.7256/2306-9945.2013.8.9956

Abstract: Financial contol held at the Ministry of Internal Affairs of Russia is meant to contribute to efficient performance of the MIA's tasks in the sphere of enforcement of law and order. In order to make it possible for the Ministry of Internal Affairs to perform these tasks, the government provides the Ministry with all necessary material and financial resources. In addition, agencies and organizations of the Ministry have the right to carry out non-budgetary activities for the purpose of gaining profits. Noteworthy that the Ministry of Internal Affairs of the Russian Federation controls quite significant material assets and resources. The Ministry of Internal Affairs participate in budgetary and economic relations. In this regard, official financial control held at the Ministry of Internal Affairs is very important. Official financial control is supposed to enforce law and financial discipline in the sphere of internal affairs as well as to prevent and terminate cases of misuse of public funds, misappropriation and etc. 
Bogolyubskii S.S. - On the Genesis of Victimal Behavior During Entrepreneurial Activities pp. 1-17

DOI:
10.7256/2306-9945.2013.9.10139

Abstract: The article is devoted to legal problems of formation of victimal behavior in the course of performance of entrepreneurial activities. The author of the article states that crime commited by businessmen shouldn't be considered purely "economic". On the other hand, they just can't be 'not economical' nowadays. Howeve, 20 years ago criminologists expressed their opinion that the economic crime consisted of infringement of property and procedure of business activity. Noteworthy that when it comes to the sphere of entrepreneurial activity, the list of crime should not include acts that are related to the sphere of entrepreneurship as the main, additional, obligatory or non-binding object. It has been assumed that expansion of the structure of fraud may lead to criminalization of actions committed by legitimate businessmen who use bank credits for the purposes other than intended or can't pay their credits in due time. The author describes peculiarities of crime committed in the field of entrepreneurial activities and discusses particular articles of the Criminal Code of the Russian Federation concerning crime committed during entrepreneurial activities.  
Kabanov P.A. - Prosecutor supervision over formation and work of the the Commission on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of Interests Regulation pp. 1-9

DOI:
10.7256/2306-9945.2014.1.11157

Abstract: Review: For the first time in Russian law the author provides analysis of the issues of prosecutor supervision over formation and work of the  Commission on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of Interests Regulation. The author of the article provides a list of issues requiring prosecutor supervision and actions. It is noted in the article which issues should be paid attention in the course of prosecutor examination of the Commission activities.  The author also provides the grounds for the hearing at the Commission, which should be directly referred to in the Provisions on the Commission. The hearing of the Commission should be regarded as lawful, if it took place in accordance with the requirements to quorum for the hearing and (or) for voting according to the Provisions on the Commission. The Provisions on the Commission and other normative legal acts provide for procedural periods for dealing with the materials brought to the Commission, and usually this is the period of 7 days,  because it takes 7 days to prepare for the Commission hearing.
Lapin A.V. - Utilization fee for vehicles, self-propelled vehicles and trailers in the Russian Federation pp. 1-11

DOI:
10.7256/2306-9945.2016.3.18875

Abstract: The article focuses on theoretical, organizational, economic and legal problems of state regulation of utilization fee for vehicles in modern Russia. Introduced in 2012, the utilization fee has undergone recent significant changes, and since 2016 it's being applied not only to vehicles (cars, trucks, etc.), but also to trailers and self-propelled machines. The established sum does not correspond with the costs associated with the disposal of vehicles withdrawn from exploitation. At the same time, environmental safety is proclaimed the main purpose of a utilization fee.The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and system methods, analysis, synthesis, analogy, deduction, the formal-logical, comparative-legal and statistical methods, expert assessments and others. The author concludes that it is necessary to scientifically substantiate the sums of a utilization fee for vehicles, self-propelled vehicles and trailers produced both in Russia and abroad. The scientific contribution of the author is the characteristic of the legal nature of a utilization fee and the economic substantiation of the prognosis of the rapid appreciation of some types of vehicles, which will lead to the decrease of production figures of transport, construction, agriculture and forestry enterprises, to a slower renovation of the population of machines and specialized machinery, to a further decrease of competitiveness of Russian companies. 
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. 
Vozhova E.M. - Ministry of Finance of the Russian Federation as a Participant of Financial Law Relations pp. 12-29

DOI:
10.7256/2306-9945.2013.1.434

Abstract: The article studies special features of law institutions which unable the Ministry of Finance of the Russian Federation to participate in financial law relations and achieve the financial purposes and goals set forth by the state as a part of normative legal acts. The author of the article studies peculiarities of setting legal capability and capacity, rights and responsibilities, powers, purposes and goals of the Ministry of Finance of the Russian Federation as a part of the Government Decree No. 329 of June 30, 2004 on the Ministry of Finance of the Russian Federation. Special attention is paid at usign the institution of legal personality in the sphere of financial state activities. The author also makes certain conclusions about the legal status of the Ministry of Finance of the Russian Federation as the subject of law in general and the subject of financial law in particular. Special attention is paid at the influence of certian factors and legal categories (legal capacity and capability) allowing the Ministry to participate in financial law relations. 
Saidov Z.A. - Administrative-legal measures of support for the public sector of economy pp. 15-35

DOI:
10.7256/2306-9945.2015.1.15817

Abstract: The article focuses on the legal and organizational problems of regulation of support for the economy in Russia. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations form the standpoint of administrative-legal regulation of the public and the private sectors of the economy. The article presents the author’s positions towards the notion of the state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. Moreover, the author carries out the theoretical and legal analysis of the concepts of development of law and economics in the modern conditions. The article provides the author’s positions towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide law and order in the sphere of economics it is necessary to enhance the forms and methods of administrative-legal influence on the public and the private sectors of the Russian economy. The main contribution of the author is the declaration of the need to develop the administrative-legal regulation of the economy. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and organizational guarantees of legality in the Russian economy. 
Kostennikov M.V., Maksimov S.N. - Administrative and legal aspects of Russia's economic security pp. 16-35

DOI:
10.7256/2306-9945.2016.1.18713

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the economic safety. The authors analyze the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety guaranteeing. The paper demonstrates the authors’ positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of the economic relations’ safety. Moreover, the authors analyze the concepts of development of law and economics in the modern conditions. The article presents the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the modern achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The authors come to the conclusion that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal guaranteeing of its safety. The authors state the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and guaranteeing legal and organizational bases of legality in the Russian economy. 
Tsydypova E.S. - Legal problems regarding qualification of violations of Law on Competition Protection in the Oil Products Market. pp. 19-39

DOI:
10.7256/2306-9945.2014.2.11077

Abstract: The article concerns the problems of qualification of acts of economic subjects in violation of the Law on Competition Protection in the Oil Products Market. Based upon the analysis of judicial practice, and practice of anti-monopoly body the author stu dies the issues of qualification of acts of economic subjects in the wholesale and retail markets for oil products in the Republic of Buryatia on abuse of dominant position by creation of discriminatory conditions, violation of the prohibition for the coordinated actions limiting competition, and prohibition from bad faith competition. The author attempts to analyze substitution of the terms "coordinated acts" and "treaty".  The methodological basis for the scientific work was formed by the methods of complex studies, interpretation of legal norms, logical, comparative legal method, generalization. The article provides conclusions on the possibility to amend the  Law on Competition Protection in the Oil Products Market regarding dominant economic subjects, including the markets of the goods of same name  and abusing this dominant position. The author studies the evidentiary problems of proving coordinated actions and bad faith competition based upon the materials of judicial practice.
Doinikov I.V. - Problems of legal regulation of the modern system of management. pp. 25-57

DOI:
10.7256/2306-9945.2013.7.9925

Abstract: The article contains analysis of the views of scientists and politicians with two opposing worldviews in the modern Russian legal studies: the first direction is currently leading liberal "orange" attitude, and the second direction is the starting new national state world viwe in the condition of liberal dictatorship and manipulations with the public conscience. The article concerns the problems of types of economic management, and the model of legal regulation of an economy, as well as the concept of entrepreneurial (management) legislation.  The author makes a conclusion that the sphere of wholesale and retail sales is the most hypertrophied in Russian economics, while the sectors of healthcare, education, public services are outdated and falling behind.  The author states that the Russian financial system should include two sub-systems: market economy with positive and negative feedback.  The author evaluates the main features of the Concept of Development of Civil Legislation. He points out three categories of sources of economic law, and describes the characteristic features of the moderl of raw-resource economy in Russia.
Lapin A.V. - Topical problems of tax control in the Russian Federation pp. 28-37

DOI:
10.7256/2306-9945.2015.6.18343

Abstract: The author studies theoretical problems of legal regulation of the supervisory activities of executive authorities using the example of tax control. The author analyzes the statistical data of supervisory activities of the bodies of the Federal Tax Service of the Russian Federation for 2011 – 2014 years. The author analyzes the draft law “On the grounds of state and municipal control (supervision) in the Russian Federation”. The concept of this law is the idea of creation of the legal grounds for the formation of the common system of state and municipal control (supervision) in the Russian Federation. The analysis shows its urgency for tax control. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical methods, the system method, analysis, synthesis, analogy, deduction, traditional legal methods (formal-logical and comparative-legal), and the methods of specific sociological research (statistical, expert assessments, etc). The author concludes that it is necessary to support the idea of forming a legal base for creating a common system of control and supervision activities of public and local authorities. The author comes to the conclusion about the necessity to unify the control and supervision activities of executive bodies. The novelty lies in the proposals about legal regulation of tax control. 
Lapin A.V. - Excise duties for fuel: the limits to growth pp. 28-38

DOI:
10.7256/2306-9945.2016.6.20837

Abstract: The research subject incudes the theoretical problems of legal regulation of the excise duty rates for fuel and their interconnection with transport tax. The Tax Law drafts, establishing the excise duty rates in the Russian Federation, are prepared by the Ministry of Finance for the Government of the Russian Federation; then they are transferred to the State Duma of the Russian Federation. With that, the legislator doesn’t introduce a strict legal regime for the terms, volume and quantity of the rates changes during the fiscal year. The article 192 of the Tax Code of the Russian Federation establishes the tax period – a solar month. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical methods, the system method, analysis, synthesis, analogy, deduction, the traditional methods of jurisprudence (formal logical, comparative-legal) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes about the absence of the statutory administrative procedure of legislative change of excise duty rates (using the example of excise duty for fuel). The author states the necessity to harmonize the regime of state regulation of excise duty rates in the Russian Federation. The scientific novelty of the study consists in the proposals that take into account the foreign experience of the excise duty rates for fuel regulation and the legal regulation of the procedure of their change, and in the substantiation of the need for the cancellation of the transport tax in the Russian Federation. 
Sheredeko E.V. - Measures of government support for small and medium enterprises in Great Britain pp. 36-44

DOI:
10.7256/2306-9945.2015.1.15863

Abstract: The author studies four directions of government support for SMEs in Great Britain; adduces the latest statistical data on the structure and spheres of business activities of SMEs; analyzes the government programs of support in the spheres of investments and export; demonstrates the benefits granted for the use of enterprise zones in Great Britain. The article is based on the results of the research supported by the funds of the Government Task for the Financial University under the Government of the Russian Federation on 2015. The methodology of the research is based on the general and special methods of scientific cognition: the dialectical, statistical and logical methods, analysis and synthesis. The novelty of the research lies in the complex study of the measures of government support for SMEs in Great Britain. The special contribution of the author consists in the use of the sources (legislation, statutory instruments and executive authorities’ reports) in the English language, which allows the researchers to increase the theoretical and resource base of the Russian science and to use the successful practice in the Russian Federation.  
Bukalerova L.A., Polukarov A.V. - Legislative technique components used in constructing the regulations on commercial crimes pp. 53-60

DOI:
10.7256/2306-9945.2015.5.18067

Abstract: In the last 5-7 years the current criminal law has been supplemented with a significant amount of regulations imposing liability for particular types of commercial crimes. This situation arouses concern. Criminal legislation is traditionally considered as one of the conservative branches of the Russian law system, therefore the frequent changes and supplements to the Russian criminal law can indicate the lack of clear understanding of the goals of the contemporary criminal policy and (or) the means of their achievement. The authors study the issues of the correct use of the components of legislative technique in the provisions of particular regulations of criminal legislation on commercial crimes. The authors apply the set of general scientific and special methods of cognition. On the base of the research of particular articles of chapter 8 of the Criminal Code of the Russian Federation the authors conclude about the poor quality of these regulations. The analysis shows that many rules of legislative technique have been broken in the process of describing legally relevant elements of socially dangerous deeds. This circumstance causes the possibility of ambiguous interpretation and improper practical application of criminal regulations on particular commercial crimes. 
Saidov Z.A. - Administrative offences prevention in the sphere of entrepreneurship pp. 58-108

DOI:
10.7256/2306-9945.2015.4.16565

Abstract: The subject of the article is the range of legal and organizational problems of administrative and legal regulation of the police's activities aimed at the prevention of administrative offences in the sphere of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of legality provision. The article presents the author's positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative and legal regulation of the police's activities in the field of entrepreneurship. In addition, the author carries out the theoretical and legal analysis of the concepts of law and economics development in the modern conditions. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis comprises the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods of specific sociological studies (statistics, expert assessments, etc.).The main conclusion of the research is that at present, in order to provide the legality in the field of entrepreneurship, it is necessary to improve the forms and methods of administrative-legal activities of the police in this sphere.The main contribution of the author is the statement about the necessity to develop administrative and legal regulation of the police's activities in prevention of the offenses in the field of entrepreneurship. The novelty of the paper consists in the proposals for the development of forms and methods of work of the Russian police in the field of entrepreneurship and the creation of legal and institutional guarantees for legality in Russia's economy.
Kurakin A.V. - Legal regulation of banking activities in the Russian Federation: administrative law aspect. pp. 69-100

DOI:
10.7256/2306-9945.2013.11.1060

Abstract: Social and economic changes of 1980s have formed favorable conditions for the formation of a large number of credit organizations. As a result of this fact, the law-enforcement elements of banking supervision and control became necessary and topical as well. Formation of the Central Bank of the Russian Federation based upon the State Bank of the USSR was an important step towards the formation of control and supervision activities in the banking system of the Russian Federation. The development of the status of the Bank of Russia in the sphere of control and supervision activities caused an objective need for the formation of the Banking Supervision Committee, which currently performs regulatory and supervisory functions in the banking system of the Russian Federation. According to its status the Banking Supervision Committee unites the structural divisions of the Bank of Russia, guaranteeing implementation of its supervisory functions. It should be recognized that the Banking Supervision Committee has made a significant input into the guarantees of legal order in the banking system of the Russian Federation. However, it is not yet fair to say that the Bank of Russia as a whole and the Banking Supervision Committee have done everything to protect lawful rights and interests of the depositors, which is due to both subjective and objective elements.
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