DOI: 10.7256/2454-0595.2013.9.63188

Abstract: The article contains analysis of normative legal acts on the status of self-regulated organizations. The author presents proposals on improvement of the Russian legislation and formation of a unified approach towards all of the self-regulated organizations in part of providing for their specific features by other federal laws on self-regulation in various spheres of professional activities, establishing the key requirements to standards and rules of professional conduct for self-regulated organizations, administrative responsibility of self-regulated organizations and its officials. The author of the article supposes that above-mentioned measures shall make self-regulated entities in the Russian Federation more efficient by clearer provisions on their legal status in various economic spheres, guaranteeing due control and supervision over the activities of self-regulated organizations and improvement of the quality of their works and services. It shall also allow for a positive influence upon the process of formation of voluntary self-regulation in various economic spheres.

Keywords: self-regulated organization, administrative legal status, legal capability of self-regulated organizations, responsibility of a self-regulated organization, responsibility of officials, administrative responsibility, ability to commit delicts of self-regulated organizations, formation of a self-regulated organization.

DOI: 10.7256/2454-0595.2013.9.9488

Abstract:

DOI: 10.7256/2454-0595.2013.9.63194

Abstract: The article includes analysis of the role of legislation on public purchases in the sphere of state purchase of services provided by states. In the opinion of the author, the legislation on public purchases, which is aimed for state regulation in the economic sector, may not perform its function in the sphere of purchase of state services. In cases, when state services are purchased by state customers, its goals are being achieved by other normative legal acts, therefore, its regulating function is absent in such situation. Much attention is paid to the analysis of the legal relations arising out of provision of state service, their nature usually excluding contractual regulation. Based upon the analysis the author makes a conclusion that it is not necessary and in some cases not possible to regulate purchases of state services by state customers under the legislation of public purchases. The practical value of the article is due to its aim to improve the existing legislation on the orders for the state needs.

Keywords: state management, use of budget funds, public purchases, public order, competition, state contract, state service, state government body, state fee, administrative regulation.

DOI: 10.7256/2454-0595.2013.9.9564

Abstract:

DOI: 10.7256/2454-0595.2013.9.9580

Abstract:

DOI: 10.7256/2454-0595.2013.9.9605

Abstract:

DOI: 10.7256/2454-0595.2013.9.63192

Abstract: The Administrative Offences Code of the Russian Federation provides for a variety of subjects of administrative responsibility. However, the definition of administrative responsibility is absent in the Code, and it is being an object of an endless scholarly discussion. Taking into account the existence of legal entities of public law, which are not provided for in the Code, it is necessary to single out their type of administrative responsibility. The article contains an analogy between administrative responsibilities of legal entities of public law and officials, since both of them are subjects having public power. Special attention is paid to administrative responsibility of the state and its bodies as a type of legal entities of public law. Administrative responsibility of state corporations is also compared with the administrative responsibility of state bodies, and not the non-commercial organizations, to which they belong.

Keywords: administrative responsibility, legal entity, official, state, executive bodies, state corporation, subjects of administrative law, private law, public law, power.

DOI: 10.7256/2454-0595.2013.9.63193

Abstract: In the modern administrative practice on payment of fines imposed as administrative punishment it is recognized that the term for voluntary payment lasts 60 days. However, this is not correct. The authors of this article pay attention to the period of time, when, firstly, a person voluntarily pays a fine, and, secondly, when an official enforces payment. As a general rule, Art. 32.2 p.1 of the Administrative Offences Code provides for a 60 days period during which a decision on an administrative fine should be voluntarily implemented. Therefore, there is need for a document proving payment of a fine and information on its payment should be in the relevant information databases. However, no one seems to take into account Chapter 31 of the Administrative Offences Code of the Russian Federation, where it is directly provided that the decision is object to obligatory performance from the moment, when it comes into force. It therefore should be implemented by a judge, body or official, who has made the decision, and in three days period it should be provided to the law enforcement officers, which is not always fully adhered to. Therefore, the principle of inevitability of punishment is not duly implemented.

Keywords: implementation, procedure, extension of payment, suspension of payment, period, administrative, offence, decision, body, competent.

DOI: 10.7256/2454-0595.2013.9.9441

Abstract:

DOI: 10.7256/2454-0595.2013.9.9544

Abstract:

DOI: 10.7256/2454-0595.2013.9.63189

Abstract: The article is devoted to the study of the issues of local significance as a direct guarantee of organizational independence of local self-government. In the opinion of the author the role of issues of local significance as conditions and means for the organizational independence of municipal self-government is underestimated in both legal science and legal practice. The article touches upon the problems of broadening scope of influence of the state in this sphere violating the organizational independence of local self-government. The consequences of violations of the organizational independence principle include alienation of the population from the local self-government and lack of initiative in management of issues of local significance. Currently there is a contradiction in the municipal law. The social theories of municipal self-government as reflected in the constitutional norms do not correspond the legal practice and further law-making.

Keywords: issues of local significance, municipal unit, competence, social theory, organizational independence, powers, state, theory of free community, social and economic theory, guarantees.

DOI: 10.7256/2454-0595.2013.9.63187

Abstract: The right of citizens to petition to the state government body is more than the means of implementation of constitutional rights and freedoms in according to the Constitution of the Russian Federation. It is also a link between the government and the people. In this article the author discusses the problems of implementation of the right of citizens to petition the state government bodies and possible solutions to these problems, taking Yamalo-Nenetsky Autonomous District as an example. The article contains comparative legal analysis of the current normative legal acts of the Yamalo-Nenetsky Autonomous District in this sphere, as well as results and recommendations. The positive experience of Yamalo-Nenetsky Autonomous District in the sphere of relations between the people and the government bodies can be used as an instrument for the improvement in the activities of the state government bodies and municipal bodies in other constituent subjects of the Russian Federation.

Keywords: constitutional law, state, petition, citizens, state bodies, people, government, officials, personal reception of citizens.

DOI: 10.7256/2454-0595.2013.9.8966

Abstract:

DOI: 10.7256/2454-0595.2013.9.63195

Abstract: At the first thought, the definition of exemption from criminal responsibility and its elements due to expiry of limitation period poses no topical issues, however, the problems in the legal practice require thorough analysis, which is provided in this article. The author makes a conclusion, that the limitation periods differ from typical sanctions for some types of crimes, and it should be abolished by establishing new limitation periods in Art. 78 of the Criminal Code of the Russian Federation. The author considers that the basis for exemption from criminal responsibility due to expiry of the limitation period is the inexpediency of application of criminal punishment to a person, who has committed a crime, due to the loss of considerable lowering of its public danger, and complicated character of procedural guarantees of the evidential basis. The authors consider, that it is necessary to provide for the discontinuation of a limitation period for the criminal responsibility, when a person commits an new intentional crime within the limitation period, since it proves the growing public danger from a person, and contradicts the concept of the legal institution of exemption from criminal responsibility due to loss or considerable lowering of the public danger providing for his possible rehabilitation without the need to apply criminal responsibility. The article includes analysis of practical problems arising out of situation of exemption of criminal responsibility due to termination of limitation period.

Keywords: exemption from criminal responsibility, limitation period, expiry of limitation period, the person avoiding investigation or court, public danger of a person, who has committed a crime.

DOI: 10.7256/2454-0595.2013.9.9428

Abstract:

DOI: 10.7256/2454-0595.2013.9.63190

Abstract: The article includes the comparative legal study of the contents of the legal category “anti-corruption propaganda” as used in the current Russian regional anti-corruption legislation. As a result of the study the author comes to a conclusion that the current Russian regional anti-corruption legislation has no unified approach towards the legal category of “anti-corruption propaganda”, so sometimes it gains various meanings, which do not correspond to its initial elements. The main reasons for the ambiguity within the legal category of “anti-corruption propaganda” in the regional anti-corruption legislation include lack of professionalism by the drafters of the regional anti-corruption legislation an lack of scientifically supported legal definition of this anti-corruption instruments and provisions for it in the federal normative legal acts. Based upon the study the author comes to a conclusion that there is need to scientifically develop a legal category of “anti-corruption propaganda” and to improve legal regulation of this type of anti-corruption activity.

Keywords: corruption, fighting corruption, anti-corruption legislation, anti-corruption education, anti-corruption agitation, anti-corruption agitation, anti-corruption information, anti-corruption legislation, propaganda goals, subject of propaganda.

DOI: 10.7256/2454-0595.2013.9.63191

Abstract: The article includes criminal and criminally-related corruption matters in private legal sphere. The author provides a typology of corruption acts and offences in the private spheres, and she analyzes their consequences. Based upon the above-mentioned study, she formulates proposals for the current legislation.

Keywords: corruption, private legal sphere, consequences of corruption, typology of corruption offences, limitation, control, regulation.