Электронный журнал Nb: административное право и практика администрирования - №3 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 № 03/2013
Contents of Issue № 03/2013
Administrative law, municipal law and security
Moshkina N.A. - Legal Nature of Inspection as a Form of Control: Administrative and Customs Aspect pp. 1-24


Abstract: Article is devoted to consideration of the legal nature of examination. The choice of research of this form is caused by the special importance of the specified action in activity of executive authorities, in particular customs authorities as during examination the most part of customs and administrative offenses is opened. The conclusion that examination has two aspects locates: administrative and customs. On the one hand it is applied as a form of customs control, with another - as a measure of administrative coercion. The author presented own classification of customs inspection, its purposes and a task are defined. In article the special attention is paid to personal customs inspection as this form of control is applied only in exceptional cases that is caused by ensuring the rights and freedoms of the person and the citizen. The author offered own scientific definitions of studied concepts that is the undoubted advantage of this work. The conclusion is as a result drawn on a duality of the legal nature of examination.
Liability in administrative and municipal law
Kabanov P.A. - The qualification requirements to the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions. pp. 25-33


Abstract: The article formulates general and specific qualification requirements to the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions on professional competence disputes. Among such criteria the author singles out professional education of the relevant level, relevant position in educational or scientific research institution, working experience in state (municipal) service, impeccable reputation. The author also offers classification of the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions depending on legislative prescriptions on municipal (state) service - into those who are obligated to be included into such commissions, and those who may be included into such commission upon discretion of the head of the state or municipal body.
Administrative law, municipal law and issues in education
Kananykina E.S. - The US policy on decentralization of schooling. pp. 34-58


Abstract: According to the Xth Amendment to the US Constitution the functions of the federal government do not include control over education system and till recently it mostly was not involved in this sphere. The typical feature of modern America is the decrease of autonomy of regional and local education management bodies and schools. This is mostly due to the financial system.  The share of state federal allotments for education is growing, however, they are still lower than the sums assigned for states and educational districts. Of course, a decentralized system should provide a lot of space for development of local initiative, to ease various pedagogical experiments, and to provide better recognition of local educational specificities. But in theory decentralization process should not be opposed to strengthening the central government bodies.
Public service, municipal service and issues in the fight against corruption
Budai S.N., ., . - Theory and practice of interaction between executive bodies and law-enforcement bodies in the sphere of fighting corruption. pp. 59-157


Abstract: The article is devoted to the topical issues of organization of interaction between the federal executive bodies and law-enforcement bodies in the sphere of fighting corruption. Organization of efficient and consistent cooperation between the law-enforcement bodies and federal executive bodies is an efficient means of prevention, revealing and interception of corruption manifestations and bringing those guilty to responsibility established by law.  The authors discuss the definition of the cooperation in this sphere based upon the analysis of normative legal acts, establish it s goals and aims, clarify its principles, and based upon the practice they show the most efficient forms of cooperation, showing the ways for the improvement of cooperation organization. The list of forms of cooperation provided in this article is not limited.  The continuing process of improvement of legislation in the anti-corruption sphere requires all of the interested parties to have more active cooperation, intensive search and introduction into practice of the novel approaches towards organization of this sphere of joint activity, and it also requires permanent contact with the municipal bodies and civil society institutions. The authors suppose that the presented materials may be of use for the organization of the said cooperation in practical work.
Dmitriev D.A., . - Anti-corruption expertise by prosecution bodies. Issues of improvement of legal regulation. pp. 158-177


Abstract: The article provides solutions for some problems regarding legal regulation of anti-corruption expertise of legal acts and drafts of normative legal acts by the prosecutors of the Russian Federation. The practice of holding anti-corruption expertise by prosecution bodies starting since 2008 has revealed a number of problems, and solving this problems shall allow for greater efficiency of such expertise. For example, neither the Civil Procedural Code of the Russian Federation, nor the Administrative Procedural Code of the Russian Federation provide for the procedural mechanism for claims by prosecutors for the amendments into normative legal acts in order to exclude corruptogenic factors.  In order to prevent the possible corruption consequences the author offers to provide prosecutors with the right to demand gathering of an extraordinary session of a legislative (representative) body in order to examine the request of the prosecutor to amend a normative legal act in order to exclude corruptogenic factors.  The article also contains discussion on the issue of widening the scope of object and immediate object of the anti-corruption expertise by the prosecution of the Russian Federation.  
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