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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 04/2016
Contents of Issue № 04/2016
Ageev V. - The Board for coordination of struggle against corruption in the territorial subject of the Russian Federation: the main objectives and the mechanisms of their achievement pp. 1-10

DOI:
10.7256/2409-7136.2016.4.18121

Abstract: The research object is the Model provision on the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation consolidated by the Presidential Decree of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement”. The research subject includes the main objectives of the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation. The author considers the issues of the state anti-corruption policy, the order of interaction of the Board with other governmental entities in the sphere in question. The research methodology is based on the statutory instruments of the Russian Federation and its territorial subjects, and the works of Russian scholars. The author applies general and special scientific research methods. The novelty of the study is determined by the absence of works in this problem field. The author comes to the conclusion that with the issue of the decree of the President of the Russian Federation of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement” the certain vertical is being built in the anti-corruption system of the Russian Federation and its territorial subjects. But the mechanism of implementation of the Board’s tasks, established by the Decree, requires a more detailed elaboration. 
Law and order
Khussein A. - Corruption crimes in public health and education according to the foreign law pp. 11-23

DOI:
10.7256/2409-7136.2016.4.18937

Abstract: The paper considers various aspects of struggle against corruption in the social sphere of foreign states. The author studies criminological aspects of struggle against corruption in the social sphere, highlights the peculiarities and reasons of a low level of corruption in the social sphere of West European and North American states. The author considers the use of such penal instruments as unjust enrichment and criminal liability of legal entities for struggle against corruption. The article studies the judicial practice cases. The author applies the standard set of research methods of legal science. The author studies the statutory framework and judicial practice. The author notes that as opposed to the situation in Russia, where the main corruption-related problem in the social sphere is the so-called petty corruption, the main corruption-related problem in the social sphere of foreign states is the problem of the upper-level corruption, corruption on the inter-institutional level in contrast to the interpersonal one. The author identifies the most widespread corruption practices in the social sphere of foreign states. 
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Kurbanov R.A. - The Liptako-Gourma Authority Organization pp. 24-29

DOI:
10.7256/2409-7136.2016.4.18784

Abstract: The article considers the African organization the Liptako-Gourma Authority, the history of its foundation, the institutional structure, the spheres of activity, and the peculiarities of its functioning as compared to other African regional organizations. The author comes to the conclusion that LGA is a sub-regional organization, ant its activity is aimed at the harmonious and integrated development of all its member-states, at the development and joint allocation of resources. In spite of the fact that the organization’s area of activity covers such strategic spheres as industry, energetics, agriculture, telecommunications, etc., the issues of struggle against poverty, food security, and isolation overcoming (access to the sea) are the key directions of its work. We can hardy speak of an intensive development of integration processes within the LGA nowadays due to the high level of poverty, dependence on external donors, unfavorable ecological conditions in the sub-region and the absence of a developed infrastructure necessary for integrated development of the member-states’ economies. 
Practical law manual
Teryukov E.O. - Problems of application of a suspensory veto as administrative proceedings injunction in the sphere of construction for the offences punishable by administrative suspension of activities pp. 30-36

DOI:
10.7256/2409-7136.2016.4.18737

Abstract: The research subject is the set of legal provisions regulating the order of application of a suspensory veto as administrative proceedings injunction in the sphere of construction for the offences punishable by administrative suspension of activities. Special attention is paid to the offences in the sphere of construction punishable by administrative suspension of activities. Despite the clarity of the dispositions and sanctions of the articles of the Code of Administrative Offences, devoted to administrative liability in the sphere of construction, administrative suspension can serve as an administrative warning and at the same time as an administrative restraint. The author substantiates the idea that the use of such an injunction as a suspensory veto helps to secure the sphere of construction and to reduce the number of offences in this sphere. Administrative suspension of activities is the most widespread measure of administrative punishment for offences in the sphere of construction. It can serve both as a measure of administrative warning and a measure of administrative restraint. But in administrative proceedings in the sphere of construction in some cases, prescribed by the legislation, there is an need for injunctions, and one of the most important and significant of them is administrative suspension of activities. The author of this study describes the essential problems of this measure application and pays particular attention to the possible ways of improvement of the mechanism of its application in the cases of violations in the sphere of construction. 
Теория и философия права
Davydova M.L. - Legal norm, regulatory direction, and statutory exclusion are multiordinal categories pp. 37-44

DOI:
10.7256/2409-7136.2016.4.18805

Abstract: The research subject is the structural elements of the text of a statutory act. The study is written in the scientific polemics genre as a reaction to the idea of correlation between regulatory direction and statutory exclusion presented in the latest literature on theoretical and legal science. The author of the article has devoted many years to the study of the regulatory direction category, and considers the possible variants of correlation between regulatory direction, legal norm, and statutory exclusion from the position of the traditional scientific ideas. Special attention is paid to the scientific value of the legal concepts in question in their classical interpretations. Along with the technical method, the author applies the normative text analysis. The author substantiates her conclusions with the examples of texts of statutory acts illustrating the existing ways of enactments stating. The novelty of the study consists in the discovered ways of legal exclusions stating in the articles of statutory acts. The author concludes that the correlation between regulatory direction and statutory exclusion is changeable, since exclusions can vary according to their extent from a part of a sentence to several statutory acts. Therefore the author criticizes regulatory direction mentioning in the definition of statutory exclusion. The author proves that it is necessary to harmonize classical terms of the theory of law with the newest ones avoiding an arbitrary revision of the established scientific categories. 
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