Administrative and municipal law - rubric Debatable issues in administrative and municipal law

Abstract: As the author points out, administrative procedures, as implemented by the internal affairs bodies (militia), influence the rights of physical persons and legal entities, efficiency of entrepreneurial activities, quality of state services. At the same time the procedural regulations influence the rule of law and efficiency of the internal affairs bodies themselves…

Abstract: The term of “issues of local relevance” is used in the Constitution of the Russian Federation and other legal acts, however, there is no unified opinion on what is meant by these issues. This article by G.R. Golovanov is devoted to constitutional and legal aspects of this institution.

Abstract: This article by V.V. Eremyan is devoted to the specific features of relations between the Russia and the Horde through the prism of the homage relations. Should the Russian Princes (the monarchy of the Pre-Mongol period) be considered rulers, even taking into account the homage relations, or should they be seen as mere owners of land without due legislative, executive and judicial power?

Abstract: While studying the professional legal conscience, the scientists now also study professional deformation. Such professional deformations may be quite serious, considering the powers of the lawyers, executing law, in particular. This article is devoted to the professional legal conscience of judges and militia…

Abstract: In order for the law to be good – quality and effective, the legislative body should hold due preparation to passing such a law. First of all, there’s need to identify the social factors in order to see the need of the society for the legislative provisions in the particular sphere of social activity. These factors may be positive, as well as negative. This article is devoted to the correlation between the political factor and the law-making.

Abstract: As the author of this article points out, the use of the hermeneutics in legal studies allow to give a fuller evaluation of the problem of understanding law. Principles and methods of hermeneutics allow to understand the meaning of the phenomenon of “law” and specific features of various concepts of its understanding.

Abstract: The mechanism of realization (implementation) of law is a link between law and legal order, and it also means lawful behavior. That is why it is important to study place and role of lawful behavior within the mechanism of formation of the legal order.

Abstract: The principles of law direct the activities of the legislator to the previously selected direction, force him to be responsible and to ensure due use of legislative techniques. As the author of this article points out, any legislative novelties should be evaluated from the point of view of their relation to the principles of law, the basic legal ideas. This rule is a must for both the legislator and the legal practitioners.

Abstract: The author of this article academician V.V. Eremyan wonders whether there actually have been the “Tartar and Mongol yoke” for many centuries in Russia, or maybe the relations between Russia and the Golden Horde should be qualified somewhat differently. One of the most important sources of that period were the “counts” of people due to the need to establish the approximate number of “taxpayers”…

Abstract: As the author of this article points out, today one may state assuredly that there are specific administrative procedure relations, with due regard to control procedures. Lack of due regulation of procedural matters creates a number of practical difficulties…

DOI: 10.7256/2454-0595.2018.2.25696

Abstract: The subject of this research is the reformation of municipal control, in particular, changes of the legal boundaries and content of this activity. In her research Sokolova carries out a comparative analysis of definitions of municipal control in applicable legislatino and draft law offered by the Government of the Russian Federatino and passed in its first reading by the State Duma. The author sequentially correlates a new definition of municipal control in a draw law and defines problems that do not relate to the matters of local significance. When it comes to the analysis of a new definition of municipal control, the author focuses on prospects of attributing administrative preclusive and remedial measures to municipal control. The main research method used by the author is the comparative law analysis of the current provisions of laws on municipal control, and these of the draft law. The scientific novelty of the research is caused by the fact that the author defines internal contradictions of the draft law that extends the scope and definition of municipal control and redistribute the burden of application of administrative preclusive and remedial measures from state authorities to local self-government. The author also emphasizes the uncertainty of the prohibition of municipal control outside the limited list of the rights of local self-government to carry out municipal control regarding matters of local significance.

Keywords: the risk-based, efficiency, reforming, local issues, legislative proposal, jurisdiction, state supervision, state control, municipal control, authority

DOI: 10.7256/2454-0595.2017.7.23550

Abstract: The piece studies theoretical aspects of customs procedures application within the territory of the Eurasian economic union. The research subject is the set of norms, regulating customs procedures, and theoretical provisions of scientific literature on the problem of interpretation of customs procedures, the peculiarities of their application and classification. The purpose of the research is to formulate and to substantiate an alternative definition of the notion of a “customs procedure” and classify customs procedures. The author uses such scientific methods as dialectics, analysis, synthesis, deduction, induction, and the formal-legal and comparative-legal methods. The author concludes that the legal definition of the notion of “customs procedure” is not comprehensive enough. The author proposes his own definition of a “customs procedure”, which is to be understood as the procedure of using and/or operating goods within/beyond the customs territory of the Eurasian economic union, which depends on the purpose of movement of goods and determines the set of tariff and nontariff measures applied to goods, as well as prohibitions and restrictions. The author classifies customs procedures according to such criteria as the intended purpose of a procedure, the direction of movement of goods, territorial restriction, the term of validity of the status of goods, need for a special infrastructure, terms of release and preferences. Theoretical provisions, formulated in the article, are original and can promote the development of administrative and customs law.

Keywords: release of goods, free warehouse, free custom zone, prohibitions and restrictions, institution of law, classification, foreign trade, Eurasian economic union, customs legislation, customs procedure

Abstract: The author describes the difference between legal administration and state administration as well as the relationship between law enforcement, law implementation and law observance in administrative law, describes public administrative law functions and carries out an analysis of tax administration.

Keywords: studies of law, administration, law enforcement, observance of law, functions, legal relations, theory, customs, administrative law.

DOI: 10.7256/2454-0595.2013.1.62056

Abstract: The article analyzes the views of scientists and politicians of the two opposing tendencies in modern Russian law studies. The first tendency is the liberal (orange) world perception which prevails in modern Russian law studies, and the second tendency is the first seedlings of the new national and state world perception growing out of the condition of liberal dictatorship and manipulation of social consciousness.

Keywords: liberal thinking, development of a new discourse, change of the economic development model, national state, second state of codification of the Russian legislation.

DOI: 10.7256/2454-0595.2017.4.22309

Abstract: The research subject is the problem of correlation between coordination and interaction with law enforcement and controlling bodies in the work of a prosecutor; the peculiarities of the work of prosecution agencies aimed at the coordination of control and supervision over business entities, local authorities and their officials, public authorities of territorial units of the Russian Federation and their officials. The author considers and analyzes the changes in the legislation in regard to empowering prosecution agencies with new coordination responsibilities, in addition to the coordination of the work of law enforcement agencies aimed at the struggle against crime. The research methodology is based on the general scientific method of cognition; the author applies the comparative and the system-structural methods and logical analysis. The author concludes that legislative novels should lead to the changes in law enforcement practice. Taking into account the essence of prosecution agencies’ coordination of law enforcement agencies’ work aimed at the struggle against crime, and the recent changes in the legislation, the author outlines other directions of the activities of prosecution agencies, aimed at coordination, which can be considered as the coordination work of prosecution agencies.

Keywords: inspection, controlling bodies, breach of the right, prosecutor's supervision, interaction , coordination, prosecutor, coordination, legality, change of legislation

Abstract: The article analyzes critical phenomena in Russian legal studies. The author of the article analyzes and defines the place of entrepreneurial law in the system of legal studies. The article also describes the author’s civil position regarding a number of social issues which are present in a Russian society.

Keywords: subject, method, administration, entrepreneurship, law, breakdown, liberal, reform, failure, legal studies, passport.

Abstract: The article analyzes the views of scientists and politics of the two opposite trends of outlook in a modern Russian legal science. The first trend is the currently prevailing liberal (‘orange’) outlook and the second trend is the seedlings of a new national and state outlook putting through the liberal dictatorship and manipulations of public conscience.

Keywords: ‘liberal outlook’, ‘Eltsinomics’, development of a new discourse, change of a development model, national state, the second state of codification of the Russian legislation.

Abstract: The article is devoted to the problems of coding of administrative law norms, based on which the author makes a conclusion about a need in codification of all diverse and administrative law material.

Keywords: coding, code, law, legislation, norm, act, development, Duma, project, initiation, administration, meeting, constitution.

Abstract: The article considers the issues of similarities and differences between administrative law and police law and describes the theory and logic of administrative law and police law.

Keywords: logic, similarities, police law, administrative law, type of law, positive law, influence, administrative and legal ‘thinking’

Abstract: The article is devoted to the problems of legal regulation of valuation activities. The author of the article also described the problems of the arbitration court practice as well as issued connected with the disciplinary and professional responsibility of valuators.

Keywords: valuation, valuation activity, valuator, self-regulating organization, professional activity, market value, standard, specialist.

Abstract: The article is devoted to the analysis of the legality principle. Based on constitutional provisions and provisions of administrative offences laws the author defies the principle of legality and its contents. It is shown that the administrative offences law is quite imperfect when it comes to definition of this principle so the author makes suggestions on how to improve it. The author also studies the experience of criminal law theorists and law makers in the sphere of administrative offences. It is also established that the grounds for administrative responsibility is created by the commitment of an action that has all the signs of an administrative offence. It is also shown that the wrongful action and its penalty is regulated only by the Administrative Offences Code of the Russian Federation and administrative offences laws of the Russian Federation constituents.

Keywords: law principles, legality, legal enforcement, promulgate a law, legal analogy, administrative violation, administrative offence contents.

Abstract: The article analyzes implementation and role of fictions as a legal regulator of relations in Christianity. The author focuses on the commandments given by God through Moses, Semon on Law and Grace and other sources. The article also describes relations between these religious sources and modern sources of law.

Keywords: fiction, Ten Commandments, church, law, Bible, Jesus Christ, correspondence between law and justice.

DOI: 10.7256/2454-0595.2013.4.62544

Abstract: The author of this article analyzes the legal nature of actions of performing administrative contractual obligations and their place in the system of legal facts. The author views civilized conceptions of performance of obligations (performance of obligations as a factual action, performance of obligations as a deed, performance of obligations as a business transaction and etc.). Noteworthy, the author very well shows why actions of performing administrative contractual obligations are referred to a certain form of legal acts — procedural actions.

Keywords: administrative contract, administrative contractual responsibility, performance of responsibility, aim at legal consequences, will power, rule of will power, legal act, procedure.

DOI: 10.7256/2454-0595.2013.5.62703

Abstract: The article is devoted to the genesis and key provisions of the doctrine of public property in France, including subject, objects and contents of the public property law, and classification of public domains and forms of their usage. The author states that regulation of the relations in this sphere should be viewed as a prerogative for the administrative law.

Keywords: public property, public domains, public estate, French law, res publicae.

DOI: 10.7256/2454-0595.2015.6.15066

Abstract: The subject of the research covers the peculiarities of legal regulation of the activities of public prosecutor’s office bodies of the CIS member-states in the sphere of administrative prosecution. This paper is the first stage of a comparative-legal study and is devoted to the analysis of the provisions of status legislative acts of the countries of the post-Soviet space (except for the Baltic states), regulating the issues of organization and activity of the public prosecutor’s office bodies and the model law on the public prosecutor’s office. The author emphasizes the provisions which are similar for the public prosecutor’s offices of different countries and outlines the distinct features of a public prosecutor’s office of each country. The methodology of the research is based on the comparative-legal and partially on the historical method which allow the author to reveal the similarities and differences in realization of administrative prosecution functions by the public prosecutor’s offices of different countries of the CIS. The author carries out the comparative-legal analysis of the provisions of laws on public prosecutor’s office of the CIS countries in the area of consolidatioin of the prosecutors’ responsibilities in the sphere of administrative offences revelation. The author concludes that the prosecutors in the CIS member-states have similar and unique responsibilities in the sphere of administrative prosecution depending on a model of public prosecutor’s office development of each country.

Keywords: function of the procecutor's office, prosecutor's status, involvement in the process, decision, administrative prosecution, administrative offence, administrative proceeding, administrative and jurisdictional process, public prosecutor's office bodies, prosecutor's responsibilities

DOI: 10.7256/2454-0595.2015.6.66579

Keywords: involvement in the process, decision, administrative prosecution, administrative offence, administrative proceeding, administrative and jurisdictional process

DOI: 10.7256/2454-0595.2015.7.15149

Abstract: The article analyzes the provisions of codified documents of the CIS member-states which regulate the functions of prosecutors in administrative prosecution. The author emphasizes the common traits of development of legal regulation in the mentioned countries, and the peculiarities of the legal status of prosecutors. The author comes to the conclusion about a relative character of definition of a procedural status of prosecutors as supervising officials and participants of administrative proceedings in different countries. The research is based on the comparative-legal method of study of the data – the codes of administrative offences of the nine CIS countries. The analysis of the available base of scientific publications demonstrates the lack of works studying the specificity of legal regulation of prosecutors’ activities in several countries at once. Therefore, the present research is scientifically new; it continues the previous research of the author devoted to the analysis of the provisions of the laws on the prosecution in the CIS member-states.

Keywords: administrative offence, administrative prosecution, administrative investigation, Code of administrative offences, administrative jurisdiction bodies, public prosecutor's bodies, prosecutor's functions, decision, involvement in proceedings, public prosecutor's function

DOI: 10.7256/2454-0595.2015.7.66664