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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue № 11/2018
Contents of Issue № 11/2018
Question at hand
Vronskaya M.V., Krivtsova K.E. - The 'Far Eastern Hectare' Legal Regime: Important Regulation and Implementation Issues pp. 1-10

DOI:
10.7256/2454-0595.2018.11.28105

Abstract: The subject of the research is the legal regulation of the Far Eastern lands that are granted based on the rental and lending right. The object of the research is the actual problems that may arise in the process of regulation and implementation of the Far Eastern Hectare state policy. The authors examine such aspects of the topic as the absence of a proper control over observation of land regulations, imperfection of the To the Far East federal information system, vast 'grey zones' that do not allow to give out land pieces, absence of particular criteria when re-issuing a freehold land, and the problem of property pieces that have never been registered before. The methodological basis of the research involves general and special research methods such as analysis, induction, comparison, hermeneutical and dogmatic analysis. This is the first time when the gratuitous use institution is studied by a law researcher through the analysis of the law on the Far Eastern hectare which proves the novelty and importance of the research. In the course of their analysis of the Far Eastern hectare law, the authors raise important problems that may arise in the process of its regulation and implementation and offer their solutions, in particular: 1. To amend the laws regulating the use land resources of intended purposes by conducting routine inspections by competent authorities half a year; 2. To set forth criteria for purchasing a land piece at the end of a five-year term of the land use, or to apply the principle of the payable land use and to make necessary amendments to the provisions of a special law; 3. To increase the term of inspection of a land piece up to 60 calendar days; 4. to take measures to cover 'grey zones' that would allow to uncover more unoccupied land pieces.
Savitskaya Y.S. - Administrative and Legal Status of Students of the Suvorov Military Schools of the Ministry of Internal Affairs of Russia pp. 11-18

DOI:
10.7256/2454-0595.2018.11.28076

Abstract: The subject of the research is the legal provisions that regulate the legal status of students of the Suvorov Military Schools of the Ministry of Internal Affairs of Russia. The aim of the research is to analyze the administrative and legal status of Suvorov cadets and to improve the legal regulation thereof. The novelty of the research is caused by the practical and theoretical importance of the problem for the activity of Suvorov Military Schools of the Ministry of Internal Affairs of Russia. The methods used by the author include formal law, comparative law and formal logic analysis. The methodological basis includes philosophy, practical experience, and methods of logical and systems analysis. As a conclusion, the author offers her own definition of the Suvorov Cadet, analyzes the issues that may arise in the process of regulation of the administrative and legal status of students of the Suvorov Military Schools of the Ministry of Internal Affairs of Russia and offers solutions such as to make amendments to Clause 1.1 of Part 1 of the Annex to the Decree of the Ministry of Internal Affairs of Russia No. 514 of May 16, 2012 regulating the payment for Suvorov cadets' travel on vacations and amendments to the Decree of the Ministry of Internal Affairs No. 1150 of November 155, 2011, i.e. to extend the list of individuals covered by the decree who are entitled to receive compensation for daily expenses and living expenses during competitions, military patriotic trips, military festivals, etc.  
Administrative, municipal law and federal structure of the state
Kurakin A.V., Karpukhin D.V., Popova N.F. - Principles for Differentation Between Matters Under Jurisdiction and Competences of the Russian Federation State Authorities and Their Actors pp. 19-35

DOI:
10.7256/2454-0595.2018.11.28228

Abstract: The subject of the article is the legal norms contained in the Constitution of the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Authorities of the Government of the Subjects of the Russian Federation”, establishing the basic starting principles for distinguishing between the joint jurisdiction of the Russian Federation and its subjects powers between the Russian Federation and the constituent entities of the Russian Federation in order to determine the prospects for improving the techniques of legal techniques tion assumptions set forth in the present law. The methodological basis of the article consists of a formal logical, interpretative, logical, comparative research methods. Formal legal, logical and interpretational methods were used in the analysis of the specific content of legal regulations relating to the structuring of the principles of delimitation of competences and powers between the Russian Federation and the subjects of the Russian Federation. The novelty of the article lies in the wording of principles proposed by the authors arising from the provisions of the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation", as well as in the formulation of specific proposals for improving the said Federal Law mechanisms related to the detailed regulation of the formation and activities of state bodies of the subject of the Russian Federation.
Liability in administrative and municipal law
Ruban I.A., Ganeev A.R. - Peculiarities of the Expert Work Organized to Increase Objectivity of State Contract Performance Evaluation as Part of the State Program of the Russian Federation 'Foreing Policy' pp. 36-43

DOI:
10.7256/2454-0595.2018.11.26361

Abstract: The article is devoted to the description and popularization of the peculiarities of the organization of expert work, which allowed in a short time and at a high level to provide an examination of the reporting documentation, including monitoring the fulfillment of obligations under state contracts concluded by Rossotrudnichestvo as part of the implementation of measures of subprogramm of the State program of the Russian Federation 'Foreign Policy'. The authors of the article focus on such aspects of the topic as the objectivity of the examination, its comprehensive and complex nature; proper execution of government contracts, organizational, methodological and analytical support of the implementation and results of fulfillment of obligations under government contracts. The study was based on the following methods: analysis and synthesis, deduction (induction), mutual evaluation, presentation of the material (problem, contextual) and others. The novelty of the research is caused by the possibility of structurally and algorithmically presenting the sequence, nature and specificity of the examination of the reporting materials in the framework of the project implemented by Verkont Service LLC. As the main conclusion of the study, it can be noted that the involvement of third-party organizations for the examination of reporting materials is a tool to improve the reliability and reliability of the assessment of performance of obligations under government contracts.
Administrative law, municipal law and information security
Gorian E. - Identification of Critical Information Infrastructure Facilities in the Russian Federation and Singapore: Comparative Law Aspect pp. 44-56

DOI:
10.7256/2454-0595.2018.11.28211

Abstract: The object of the research is the relations that may arise in the process of the identification of the critical information infrastructure facilities for safety reasons. Goryan analyzes the main constituent elements of the legal mechanisms of the critical information infrastructure identification in the Russian Federation and Singapore. He describes the legal status of competent actors and the procedure of the critical information infrastructure identification. The researcher defines both similarities and differences in the legal regulation of the identification process as well as drawbacks and benefits of the mechanisms of critical information infrastructure identification. He also makes suggestions on how to improve the current Russia's regulation mechanism. To achieve better and more valid results, the author has applied a number of general research methods (structured systems approach, formal law and hermeneutical analysis) and special research methods (comparative law and formal law methods). As a result of his research, Goryan emphasizes the need to eliminate the drawbacks of the Russian mechanism of the critical information infrastructure identification using the experience of Singapore and clarifying the prcedure of categorization of critical information infrastructure facilities, extension of powers and appeal of actions (decisions) of a competent actor (Federal Service for Technical and Export Control). 
Administrative law, municipal law and environment issues
Manin I. - Legal Grounds for the Subsoil Using in the Socialist Republic of Vietnam pp. 57-68

DOI:
10.7256/2454-0595.2018.11.28045

Abstract: The subject of the research is the legal regime of the subsoil use in the Socialist Republic of Vietnam. The author of the article focuses on the origin and development of the administrative and natural resource laws of our friendly state as well as their economic grounds. The rationale of the topic is caused by the importance of Russian-Vietnam bonds and the need to use Vietnam experience in the legal regulation of using land resources. In his research Manin describes the system and the structure of the subsurface resources management in Vietnam, competences of relevant agencies, and constitutional grounds of subsurface resources property rights. Manin also analyzes the licensing and agreement procedures of subsoil using, their kinds, terms and actors. The methodological basis of the research implies general research methods (comparison, analysis, synthesis, analogy and others) and special research methods (formal logical and interpretation of law methods), comparative law, historical law, systems analysis and etc. The scientific novelty of the research is caused by the fact that the author provides a systematic interpretation of Vietnam laws on subsurface resources and describes the mechanism of state regulation in this sphere, kinds of gas and oil activity in the Socialist Republic of Vietnam. The main conclusion of the research is that the Russian Federation may use Vietnam models of the state-and-private partnership in the process of subsoil use. 
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