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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 02/2011
Contents of Issue ¹ 02/2011
Executive authorities and the civil society
Lipchanskaya M.A. -
Abstract:
Korobkin M.V. -
Abstract:
Ivachev O.V. -
Abstract:
Public and municipal service and the citizen
Miroshnichenko Y.V. -
Abstract:
Mikhailyuk P.A. -
Abstract:
Chukichev, Yu. V. - Retrospective Analysis of the Russian Law on Responsibility for Illegal Participation of Civil Officers in Entrepreneurial Activity. pp. 8-13
Abstract: The article describes stages of development of law on responsibility for participation of civil officers in entrepreneurial activity. It is noted that illegal participation of officers in entrepreneurial activity can be viewed as a form of corruption. This is the reason why state institutions have always paid attention at this aspect of law during each stage of their development in history.
Keywords: responsibility, officers, service, corruption, malversation, powers, institution, criminal law expert, law book, punishment, entrepreneurship
Administrative and municipal law: business, economy, finance
Gafarov S.V. -
Abstract:
Lapin A.V. -
Abstract:
Bagdasaryan, A. A. - Information Law Groundwork for Individualization in Advertising of Financial Services. pp. 80-85
Abstract: This article is devoted to the analysis of information law nature of means of individualization in the sphere of advertising financial services. The author proves that it is necessary to view information as the basic object of information legal relations, the latter having a complex nature. Due to that, advertisement of financial services today should be viewed not as much as an object of civil relations but an object of complex advertisement relations belonging to the information law group of objects.
Keywords: information, advertisement, finances, financial services, information groundwork, information legal relations
Administrative law and local self-government
Kaminskaya N.V. -
Abstract:
Administrative and municipal law: forms and methods of implementation (practice)
Karpov, Ya. S. - Competence Federal Service for Narcotics Control in the Sphere of Enforcement of License Compliance and Inspections of Legal Entities and Individual Entrepreneurs. pp. 62-69
Abstract: One of the key areas of current state policy is minimization of interference of a state institution with entrepreneurship activity. In this article the author views certain challenges of enforcement of a new principle issued by the Federal Law ‘On Protection of Rights of Legal Entities and Individual Entrepreneurs when Carrying out State Control (Supervision) and Municipal Control’ from December 26, 2008. As a result of the analysis of the Russian Federation law, the author makes certain assumptions about a legal collision hindering state control (supervision) bodies from full and effective performance of their functions. The author also suggests certain ways to overcome this collision and optimize activities by state control (supervision) bodies.
Keywords: state institution, control (supervisory) authorities, inspections, legal entities, individual entrepreneurs, license requirements, regulatory requirements, powers, collision
Administrative enforcement
Saburov, R. S. - Role of Prosecutor’s Demands in Prevention of Violations of Law. pp. 86-89
Abstract: Nowadays very little attention is paid at the problems of prosecutor’s powers in the sphere of prevention of law violations. The author of this article makes an attempt to analyze questions of prosecutor’s demands as an effective way of prevention of violations of law.
Keywords: violation of law, prosecutor’s demands, prevention, prosecutor, influence, function, effect, punishment, legality, enforcement, illegality
Liability in administrative and municipal law
Tregubova E.V. -
Abstract:
Agamagomedova, S. A. - Administrative Responsibility for Illegal Usage of Trademarks (Based on the Customs Agencies’ Activities). pp. 70-73
Abstract: Customs agencies of the Russian Federation detect and suppress violations of exclusive rights for trademarks. The author of the article describes certain peculiarities of arbitrage practice in the sphere of illegal usage of trademarks. These peculiarities are connected with involvement of right holders, procedural infractions in administrative procedure, expertise in the process of administrative investigation and other issues. Based on concrete cases of law-enforcement practice at Penza customs the author studies the correlation between the exclusive right for a trademark and exclusive rights for other intellectual properties and makes an analysis of contractual relations between right holders and persons who illegally use a trademark.
Keywords: customs, arbitrage, trademark, holder of right, license agreement, counter-fact, violation of law, administrative, expertise, responsibility
Management law
Shugurov M.V. -
Abstract:
Kaminskaya, N. V. - Autonomy and Self-Government: Theoretical Study and European Experience. pp. 14-18
Abstract: Autonomy is the right granted to citizens, social classes, corporations, state and other formations and allowing them to be guided by their own norms and rules within certain limits. It resembles self-government in many ways since the latter is based on the principle of autonomy but at the same time it does not provide for the right to issue a law and has a different way of formation. Autonomy is a logical consequence and the most developed form of local and regional self-government. It is amended and adjusted to certain nations living in a country.
Keywords: autonomy, democracy, community, status, standards, region, federation, self-government, decentralization.
Lipchanskaya, M. A. - Forms of Participation of Citizens in the Management of State Affairs in the Sphere of Executive Power. pp. 19-24
Abstract: The article is devoted to the forms of participation of citizens in the management of state affairs realized in the sphere of executive power. The author concludes that participation of citizens in the management of state affairs in the sphere of executive power is achieved through their influence on management decision making. The author of the article also describes the two basic forms of such participation, direct and oblique.
Keywords: state affairs, management of state affairs, executive power, management decision, civil service, public post, public appeals, offer, complaints
Lapin, A. V. - Principles of Administrative and Legal Regulation of State Policy on Development of Car Industry. pp. 24-33
Abstract: The author of the article suggests, analyzes and systemizes into three groups the principles of administrative and legal regulation of state policy in the sphere of development of car industry. The first group of principles includes: general principles of state regulation of all branches of industry; the second group includes: domain principles of industries of means of transportation including car industry; and the third group includes: principles of organization of the system of state administration bodies and state regulation of development of car industry. The article proves the need in legal confirmation of these principles in the Strategy of Development of Car Industry of the Russian Federation for the period until 2020 represented by the Order of the Ministry of Industry and Trade of the Russian Federation No 319 dated April 23, 2010.
Keywords: car industry, state administration bodies, executive bodies, administrative and legal regulation, state policy, sphere of development of car industry, principles of development of car industry, strategy of development of car industry, principles of organization of system of executive bodies, state regulation of car industry
Petrogradskaya, A. A. - Inter-municipal Cooperation: On the Question of the Concept of Definition. pp. 34-37
Abstract: The article analyzes the questions of activities by the boards of municipal formation created in the Russian Federation constituents. The author notes that there is a certain contradiction between the federal law on local self-government and the federal law on non-commercial organizations. She also suggests ways to delaminate this contradiction. Moreover, the author suggests that the Russian Federation constituents should have the right to make certain laws regulating activities by such boards.
Keywords: inter-municipal, cooperation, collaboration, integration, connections, constituents, bodies, formations, forms, government, definition
Law-enforcement legislation
Kostennikov, M. V., Kurakin, A. V., Koshelev, I. N. - Administrative and Legal Regulation of Provision of Inherent Security and Anti-Corruption Measures at Internal Affairs Bodies (Part 2). pp. 38-45
Abstract: The article considers administrative and organizational issues of anti-corruption measures in official activities by police officers as well as officer sat executive authorities of state power. The authors suggest certain measures to minimize corruption in the system of internal affairs bodies.
Keywords: corruption, internal affairs agencies, police, contrariety, civil service, corruption risks, rseponsiblity, executive body, administrative law facilities
Mikhailyuk, P. A. - Priorities of Improvement of Social Protection of Internal Affairs Officials. pp. 46-51
Abstract: The article considers the legal and organizational issues of improvement of social protection and social guarantees for internal affairs officials. In the article it is noted that improvement of social and legal status of internal affairs officers has a direct impact on effectiveness of their employment activity.
Keywords: guarantees, social protection, internal affairs bodies, improvement, social rights, social assistance, disabled, wage
Ovchinnikov, N. A. - Agency Check as the Way to Provide Legality and Discipline of Internal Affairs Officials’ Activities. pp. 52-56
Abstract: The article considers legal and organizational issues of carrying out an agency check and uncovers material and procedural aspects of the institution of agency check. It is underlined that an agency check guarantees realization of the institution of disciplinary responsibility. The author of the article also notes that at the present time the procedure of agency check is not fully set forth in law and this is why it is suggested that the agency check procedure should be regulated by corresponding laws.
Keywords: discipline, legality, order of law, provision, service, internal affairs agencies, check, investigation, management, facilities, process, procedure, violation of law, delict, responsibility, guilt, fact, corpus delicti
Stepura, Yu. I. - Investigator’s Research Work in Prevention of Crime. pp. 56-61
Abstract: The article reflects the problems of using the results of investigator’s research work when preventing crimes. Major role is given to division of all preventive measures into two levels, general social preventive measures and special preventive measures. The certain peculiarity of this type of activity is that an investigator realizes his preventive function when the crime has been already committed. The basic task of this stage is to define the reasons and causes of crime commitment and then to undertake measures to eliminate those and to prevent new crimes of this kind.
Keywords: prevention of crime, research work, organization of investigation and detection of crime, general social preventive measures, special preventive measures, individual prevention of crime, persuasion method, methods of criminal law enforcement, information support
Administrative process and procedure
Mikhaylova, K. A. - Problems of Defining the Subject Matter of Compliance Assessment in the Context of Comparative Law Research. pp. 74-79
Abstract: The article views approaches to appeal of administration legal acts in legislative and judicial practice of different countries, in particular, admissibility of institutional acts and acts which raise certain doubts in their regulatory and legal nature.
Keywords: regulatory, legal act, administration, institutional, compliance assessment, appeal, foreign, judicial, act, administrative justice, court
ADMINISTRATIVE AND MUNICIPAL LAW AND FINANCIAL ACTIVITY
Rutgaizer V.M. -
Abstract:
Public service, municipal service and issues in the fight against corruption
Kurakin A.V. -
Abstract:
Issue of the day
Kovalchuk, R. S. - Stealing of Mobile Telephones. pp. 5-7
Abstract: The article studies the problems of countering stealing of mobile phones. It is noted that this crime is not so easily detected. The author of the article also analyzes the correlation between criminal and administrative responsibility for stealing mobiles.
Keywords: mobile telephones, stealing, petty stealing, responsibility, punishment, statistics, qualification, subject, guilt, corpus delicti, prevention, suppression, seizure, harm
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