Электронный журнал Nb: административное право и практика администрирования - №2 за 2013 г - 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 № 02/2013
Contents of Issue № 02/2013
Administrative and municipal law: business, economy, finance
Pavlov P.V. - Cross-Border Trade as a Part of Cross-Border Cooperation Between Russia and Foreign States: Problems of Regulation by Administrative Law pp. 1-71


Abstract: Today's applied scientific research focuses on the problems of international cooperation between countries incluing their border territories. At the present time the Russian Federation has a number of international agreements and treaties that define different aspects of cross-border cooperation. The aforesaid agreements and treaties have different contents and targets. However, none of these international agreements has a universal nature which would define forms and mechanisms of cross-border cooperation of adjoining territories in general. These agreements touch on only some aspects of interaction between a number of the Russian Federation constituents and border territories of other neighbouring countries. One of the most important forms of cross-border cooperation is the cross-border trade. Therefore, in order to further regulate the process of cross-border trade in Russia, it is necessary to study the experience of cross-border cooperation with foreign states and incorporate all necessary elements into the Russian legal system. The author of the artile analyzes global experience of cross-border cooperation and defines the main problems arising in cross-border trade relations in Russia. The author suggests particular approaches to solution of these problems. The author offers to make particular amendments to the current law of the Russian Federation and to implement the Development Concept of Cross-Border Trade. 
Administrative and municipal law: forms and methods of implementation (practice)
Kalinin G. - Results of State Veterinary Inspections in Krasnodar Krai in 2012 pp. 72-80


Abstract: State veterinary supervision is an important mean of prevention of animals getting infected with dangerous diseases. In view of a difficult epidemic situation in the country and the world, the role of veterinary supervision is even increased. The author of the present article analyzes administrative experience in implementation of state veterinary inspections in Krasnodar Krai in 2012. The author compares the results of state veterinary supervision and administrative experience by the Directorate of the Federal Agency for Veterinary and Phytosanitary Supervision in the Krasnodar Krai and Republic of Adygeya and by state veterinary service of the Krasnodar Krai. The author describes the situation of African swine fever at the south of Russia. The comparative analysis proves the author's thesis that supervisory activity in the form of inspections must be necessarily distinguished from chargable veterinary services. It has been also proved that the majority of activities aimed at implementation of state veterinary supervision must be performed at the federal level. 
Liability in administrative and municipal law
Moskvina Y.V. - Material Damage Resulting From a Traffic Accident as a Circumstance Aggravating Administrative Responsibility pp. 81-90


Abstract: The article outlines the problem of efficiency of administrative law sanctions in the sphere of traffic safety. The Administrative Offence Code of the Russian Federation does not provide for the opportunity of an official who reviews the case of administrative offence of the Traffic Code to take into account negative consequences of such offence. At the present time circumstances under which the offence was committed and/or the amount or nature of the damage are only stated as facts but do not influence the degree of punishment or sanction. In order to realize the principles of justice, proportionality and personalization of responsibility, Section 12 of the Administrative Offence Code of the Russian Federation must contain a definite description of sanctions for violating the Traffic Code and material damage must be regarded as a circumstance aggravating administrative responsibility. 
Management law
Kabanov P.A. - Presidium of the Presidential Council of the Russian Federation and its Operative Bodies as the Highest Federal Specialized Anti-Corruption Organizations: Concerning Increasing the Quality of Legal Regulation and their Performance Efficiency pp. 91-104


Abstract: The article is devoted to the legal nature of auxiliary operative bodies (Presidium, groups and Committee) of the Presidential Council of the Russian Federation as the highest federal specialized anti-corruption authorities that develop the national anti-corruption policy and provide guarantees for enforcing this policy.The author of the present article defines contradictions of legal regulation and arrangment of activities performed by the Presidium of the Presidential Council of the Russian Federation and auxiliary operative bodies (Committe for Coordination of Activities Performed by Federal Executive Authorities, other state authorities executing international agreements of the Russian Federation in the sphere of corruption management, groups interacting with civil society, business community and state authorities on the matter of mutual participation in corruption management). The author of the article makes suggestions on how to improve existing regulatory acts in this sphere.
Administrative law, municipal law and human rights
Agamagomedova S. - Customs Post-Control of Goods Containing Intellectual Property Items pp. 105-121


Abstract: Today we are facing the growing importance of customs control of released goods. The Federal Customs Service defines the control of goods after their release or so called 'post-control' as one of the strategic activities of the Russian Federation customs authorities. Modernization of the system of customs control of goods after their release is aimed at achieving the balance between simplification of customs procedures that guarantee timely inflow of financial funds into the federal budget as well as prevention of violations in the sphere of customs. The author of the article views particular aspects of the control of goods after their release as part of the process of protection of intellectual property rights. The main problems in this sphere include a rather limited number of administrative sanctions applied on the basis of results of control of intellectual property items after their release as well as the length of such control. The author of the article makes a conclusion that customs control of intellectual property items after their release can be a very effective measure in terms of cooperative activities with other state authorities and interdepartmental interaction between customs authorities. 
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