DOI: 10.7256/2454-0595.2013.8.9253

Abstract:

DOI: 10.7256/2454-0595.2013.8.63126

Abstract: The article concerns theoretical issues regarding limitations to prosecutor, as well as the conditions defining the limitations to the supervision over the compliance to laws in the sphere of entrepreneurial activity. The article presents the analysis of existing scientific views on this issue. The article also contains analysis of topical issues regarding interaction between prosecution and specially empowered state controlling structures.

Keywords: prosecutor, prosecutor supervision, limits to prosecutor supervision, entrepreneurial activity, compliance to law, supervision function, controlling bodies, state control, protest, petition, warning, protocol, case, risk, activity, profit.

DOI: 10.7256/2454-0595.2013.8.63118

Abstract: The article concerns the road traffic security issues. The author analyzes current legislation and legal practice, then he offers a number of amendments and changes into the current legislation. It is noted in the article that road traffic security issues are high-priority within the criminal policy of Russia. Statistical analysis of car accidents shows that the number of car accident victims in Russia is among the highest rates in the world, and the offences against the road traffic security causing grave bodily harm and death of people are especially dangerous. Annually 30 to 40 thousand people die in road accidents in Russia, and many of them are children. In the first six months of 2013 according to the State Road Traffic Safety Inspection statistics more than 10 000 people died in road accidents in Russia.

Keywords: road traffic offences, presumption of guilt of a driver; gap impunity, equality under the law, experience of the foreign states, law, transportation, victim, offence, police, harm, rules, security, passenger, pedestrian.

DOI: 10.7256/2454-0595.2013.8.9369

Abstract:

DOI: 10.7256/2454-0595.2013.8.9317

Abstract:

DOI: 10.7256/2454-0595.2013.8.63124

Abstract: At the current stage of development of the Russian administrative legislation in the sphere of road traffic safety, the issue of implementation of the principle of inevitability of punishment. Development of normative regulation in the sphere of enforcement of decisions on administrative fines and other administrative punishments is high priority in this sphere. In the opinion of the authors there is a conflict of norms of administrative legislation and enforcement legislation in the sphere of punishments with administrative fines and its enforcement. Firstly, if in 60 days after the court decision came into force (or since the end of the suspension or postponement period for this decision) there is no information on voluntary payment of administrative fine, under Art. 32.2 of the Code on Administrative Offences of the Russian Federation the decision should be transferred for enforcement to the court enforcement officers. Secondly, under Art. 8 of the Federal Law “ On Enforcement Proceeding” provides for the possibility of transfer of decision on administrative fine directly to banks or other credit organizations for payment from the accounts of debtor.

Keywords: enforcement, implementation, decision, term, court enforcement officer, credit, bank, direction, punishment, organ, organization, security, control, decision, fine.

DOI: 10.7256/2454-0595.2013.8.9282

Abstract:

DOI: 10.7256/2454-0595.2013.8.63119

Abstract: The need for interaction between the people and the government, especially at the municipal level is a generally recognized fact. However, this thesis is accepted a priori without due recognition of its nature and the objective need for such an interaction. In this article based on a systemic approach, the authors establish that the improvement of interaction between the people and the government are key for the more efficient municipal selfgovernment in Russia.

Keywords: people, power, municipal self-government, interaction, experience, Ulyanovsk region, efficiency.

DOI: 10.7256/2454-0595.2013.8.63120

Abstract: The article is devoted to theoretical and tactical issues regarding the problems of using the results of operative investigation activities as proof in criminal cases on unlawful adoption, as well as to analysis of possibilities for the interaction of an interrogating officer with his agents in order to disclose and investigate the crimes of this type.

Keywords: results of operative investigation activities; interaction of the interrogating officer with the ope, criminal procedural proof, proof, means of proof, preinvestigation check, procedural competence of an interrogating officer.

DOI: 10.7256/2454-0595.2013.8.9164

Abstract:

DOI: 10.7256/2454-0595.2013.8.63121

Abstract: The article is devoted to the legislative norms on law-enforcement service, which in the opinion of the author may be unified. These norms regulate the law-enforcement service, including entry on duty, trial period, accreditation, application of rewards and punishments, anti-corruption limitations and prohibitions. The amount and contents of unification are related by the author to the functional goal of law-enforcement bodies.

Keywords: state service, law-enforcement service, unification, service, accreditation, testing anti-corruption limitations, disciplinary responsibility, rewards, responsibility, Ministry of Internal Affairs, police.

DOI: 10.7256/2454-0595.2013.8.9074

Abstract:

DOI: 10.7256/2454-0595.2013.8.9283

Abstract:

DOI: 10.7256/2454-0595.2013.8.63125

Abstract: The author provides generalization and analysis of the decisions of the European Court of Human Rights on protection of the right to education, as enshrined in Art. 2 of the 1 Protocol to the European Convention on Human Rights. The author also studies the positions of the European Court of Human Rights on the rights and freedoms which are closely related to education, such as freedom of thought, conscience and religion (Art. 9); freedom to express opinions (Art. 10); freedom of association and gatherings (Art. 11); right to fair trial (Art. 6). Right to education includes the right to receive educational services of any level, including pre-school, elementary school, middle school and professional education of various levels, as well as the right to study in the native language. The ambiguity of legislation on education provides the space for the discretion in legal practice, and it may result in limitations on the right to education, which is not compatible with the principle of supremacy of law. The ECHR allows for the limitations to the right of education only when limiting measures do not encroach upon the nature of the right and do not contradict to other rights according to the Convention and its Protocols. One of the popular categories of cases in the education sphere, is the category of cases regarding respect to philosophical ideas of parents.

Keywords: court, European, positions, education, freedom, religion, study, language, unification, legislation.

DOI: 10.7256/2454-0595.2013.8.8988

Abstract:

DOI: 10.7256/2454-0595.2013.8.63123

Abstract: The article contains analysis of declared and achievable goals of regional anti-corruption monitoring with the use of comparative legal instruments. The author uncovers the obvious contradictions between the regional anti-corruption legislation and by-laws regulating organization and holding of regional anti-corruption monitoring related to goal-settings. Characterizing the goal-setting in the legal regulation and holding regional anti-corruption monitoring, the author found out that while in some constituent subjects of the Russian Federation the goals of anti-corruption monitoring as provided by the regional legislation are expressed broader than in the by-laws, in other constituent subject the situation is the opposite, when the goals anti-corruption monitoring in the by-laws are broader than the goals in the regional anti-corruption legislation. Due to the above-mentioned matters, the author comes to a conclusion that the norms of regional legal acts on organization and holding anti-corruption monitoring need to be unified, including the sphere of main goals of organization and holding of such monitoring.

Keywords: Corruption, fighting corruption, causes of corruption, corruption — generating factors, corruption monitoring, anti-corruption monitoring, monitoring.

DOI: 10.7256/2454-0595.2013.8.63122

Abstract: The article reflects upon the importance of the topical issues in the sphere of fighting against corruption offences, and special attention is paid to the dangers of corruption offences in the customs bodies of the Russian Federation. The author provides delict-based, social and legal characteristics of corruption and uses its legal definition. The article contains evaluation of topical issues and current administrative legal mechanisms for fighting corruption within the state service system in the Russian Federation, as well as of administrative anticorruption legal norms in accordance with the modern legislative tendencies. The author then makes a conclusion on the insufficiency of criminal legal means for the efficient fight against corruption offences, and evaluates the perspectives for the application of administrative legal norms against corruption in the customs bodies of the Russian Federation. As a result of the study, the author draws a conclusion on the formation of the system of administrative legal norms against corruption. The article includes analysis of some Federal Laws and Decrees of the President of the Russian Federation containing anti-corruption provisions. The author offers to develop the provisions of federal anti-corruption legislation in the departmental normative legal acts.

Keywords: corruption, corruption offence, corruption prevention, practice of criminal punishments, customs bodies of the Russian Federation, administrative law, executive bodies, fighting corruption, administrative legal means, legislation.