Электронный журнал Nb: административное право и практика администрирования - №11 за 2013 год - Содержание, список статей - ISSN: 2306-9945 - Издательство NotaBene
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 11/2013
Contents of Issue № 11/2013
Theory and science of administrative and municipal law
Kravchuk A.M. - From the good governance concept to the practice of administrative law-making by federal executive bodies. pp. 1-16


Abstract: The article presents the study of the fundamentals of the globally recognized concept of good governance in part of its implementation in the process of drafting and adoption of normative legal acts of federal executive bodies. The Good Governance approach provided by the ESCAP of the UNO was taken as a basic approach to the concept. According to this approach eight fundamental principles of good governance are singled out. In the process of study it is established that major part of the good governance principles are implemented in normatively provided procedures for drafting, adoption and registration of normative legal acts of federal executive bodies. At the same time some principles are not implemented at all, or are not properly implemented. That is why, the results of this study should be taken into consideration  when improving the mechanism for drafting and adoption of drafts of normative legal acts by the federal executive bodies.
Public and municipal service and the citizen
Grishkovets A.A. - Disqualification of civil public servants. pp. 17-68


Abstract: The article concerns legal and organizational problems regarding implementation of administrative punishment of disqualification of civil public servants, noting some topical issues regarding application of this punishment, providing some theoretical and practical examples, regarding guarantees of lawfulness and discipline within the system of civil state service, and the proposals are made for the improvement of current legislation.  It is stated that the mechanism of legal responsibility of civil public officers should be corrected first of all by improving its disciplinary element.  It is also stated that there is no reason to limit application of disqualification only to those civil public servants, who are officials. Finally, it is concluded that the issues of improvement of disciplinary and administrative responsibility were not sufficiently studied by the modern legal scholars, and the scientific works on analysis of responsibility of state public servants are rare in the science of administrative law.  This article is aimed to fill the existing gap to some extent.
Administrative and municipal law: business, economy, finance
Kurakin A.V. - Legal regulation of banking activities in the Russian Federation: administrative law aspect. pp. 69-100


Abstract: Social and economic changes of 1980s have formed favorable conditions for the formation of a large number of credit organizations. As a result of this fact, the law-enforcement elements of banking supervision and control became necessary and topical as well. Formation of the Central Bank of the Russian Federation based upon the State Bank of the USSR was an important step towards the formation of control and supervision activities in the banking system of the Russian Federation. The development of the status of the Bank of Russia in the sphere of control and supervision activities caused an objective need for the formation of the Banking Supervision Committee, which currently performs regulatory and supervisory functions in the banking system of the Russian Federation. According to its status the Banking Supervision Committee unites the structural divisions of the Bank of Russia, guaranteeing implementation of its supervisory functions. It should be recognized that the Banking Supervision Committee has made a significant input into the guarantees of legal order in the banking system of the Russian Federation. However, it is not yet fair to say that the Bank of Russia as a whole and the Banking Supervision Committee have done everything to protect lawful rights and interests of the depositors, which is due to both subjective and objective elements.
Administrative law, municipal law and the issues of education
Kananykina E.S. - System of professional education in France. pp. 101-122


Abstract: A specific feature of the French system of public education is strict centralization and administrative uniformity, and it lost its topicality in the modern society. The curriculums and programs, school order, assignment, movement, and dismissal of teachers of state educational institutions are regulated in much detail s by regulations, instructions, orders of the Ministry of National Education, and they currently give in to the processes of delegation of competence and self-government.  Redistribution of competences between central and territorial government lead to the situation in which the Ministry of National Education and Culture had to uptake the duty of defining the most general directions of education policy, including establishment of general national standards, training, selection and payment to the school personnel. Decentralization of education is based upon two principles: separation of competence and complement principle. While the state delegated the competence regarding school transportation, functioning, utilities and construction of school institutions to the local territorial bodies, it still guarantees hiring and training of teachers and management of teaching staff.  It defines the main directions of development of national education, as well as the education programs.  The state established status and norms for the functioning of institutions, necessary positions of teaching and administrative staff. The Minister of Education makes decisions regarding vacation dates. The distribution of competence according to complement principle means distribution based upon the stages of education, and not the type of competence, allowing to avoid cross-financing of the same institution by several territorial groups. Each stage of education has its own management level. Decentralization of the education system, on which the decision was made back in 1982, provided for the step-by-step redistribution of competence from state bodies to municipal self-government bodies on three main directions.
Administrative law, municipal law and the judicial branch
Prizhennikova A.N. - Administrative justice in the modern world: topical issue. pp. 123-130


Abstract: In Russia theory and practice of administrative justice have long history: from the quasi-judicial institutions of administrative justice ("mixed" tribunals) headed by the First Department of the Governing Senate, which was characterized by a number of significant shortcomings in organizational and practical aspects to the partially formed model created by the Temporary Government.  Then the problem was seemingly solved in the Russian legal science in early XX century, which was reflected in the legislative definition of administrative justice as a form of judicial power. However, in the modern conditions the discussions on the primary justice models, which would be most adequate to the Russian situation, are revived. The approach of the representatives of the Supreme Arbitration Court of the Russian Federation is quite a vivid example, they offer to form a system of Administrative Chambers within the framework of administrative branch of government.  They should be accountable to the Administration of the President or to the Ministry of Justice at the federal level, and to the Plenipotentiaries of the President in the Federal Districts at the level of the constituent subjects of the Russian Federation. At the same time, the chambers may be specialized: tax, customs, anti-monopoly, currency regulation and control, cadastral reporting. It basically would mean making administrative justice a system of quasi-judicial institutions, which Russia used to have in the XIX century. Such a situation requires a cleare definition on the issues of correlation between the terms "administrative justice" and "administrative judicial procedure". The issues of formation and development of administrative justice were of interest to many administrative law scholars, such as D.N. Bakhrakh, A.B. Zelentsov, I.V. Panova, N.G. Salischeva, V.V. Skitovich, Y.N. Starilov, M.S. Studenikina, N.Y. Khamaneva, etc.  The author makes a conclusion that studies of the foreign experience may assist the Russian Federation in choosing the optimum approaches to the formation of its own model of administrative justice, using the practical experience. Russia needs administrative courts. Administrative cases should be dealt with within an independent administrative process, and to be regulated by the Administrative Judicial Procedural Code, which would establish methodology, other procedural acts on hearing and resolving cases arising from such legal relations. 
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