Электронный журнал Nb: административное право и практика администрирования - №6 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 № 06/2013
Contents of Issue № 06/2013
Public and municipal service and the citizen
Komakhin B.N. - The criteria for the improvement of professional activities of public servants. pp. 1-15


Abstract: The article concerns legal and organizational fundamentals for the information guarantees of public service, the author points out some obstacles in the way of development of information technologies in the sphere of public service relations.  The author points out the directions for the improvement of service activities and legal relations in this sphere. In the article the author points out various social relations forming with the regard to the information guarantees of service activities of the public servants of various state government bodies.  The article contains descriptions of efficiency criteria for the professional activities of the public servants in government bodies. Improvement of efficiency of state service presupposes its connection with the municipal service and with institutions such as innovation state and information society. The author singles out efficiency criteria for service modernization activities. It is stated that efficiency of innovative service activities may be characterized as being regulated with the norms of law and protected by the coercive force of state effective, innovative social relations, to which public servants on one hand and relevant public formations on the other hand are parties to.
Management law
Kananykina E.S. - Legal fundamentals of school education in France. pp. 16-31


Abstract: Till recently the education legislation of France included over 100 laws, many of which were adopted back in XIX century. Just like in many Western European states, the process of formation of the educational legislation in France was mostly fragmented till late 1960s.  Its specific feature was lack of sustainable generalized legal acts, which would apply to the education system as a whole, or its basic stages. At every stage of development of education system there was need to pass new laws for the regulation and bringing into accordance its various sectors and types of educational activity, for the formation of the new types of educational institutions and defining their statuses, for distribution of competences within  the education system and in its interactions with the other state and social institutions. Due to the above-mentioned causes, the fundamentals of the French legislation on education became a complicated conglomerate of laws old and new, and the sphere of their application was usually limited to specific sectors and even certain elements of education system and specific mechanisms for their functioning.
Administrative law, municipal law and other branches of law
Bukalerova L.A., . - Serving prison term: experience of the Russian Federation and of Norway. pp. 32-43


Abstract: The article concerns the issues of improvement of procedure and conditions of serving punishment in form of imprisonment in Russia in the light of the Concept for the Development of Penitentiary System of the Russian Federation till 2020 and in modern Norway. For the modern implementation of the concept it is necessary to change the approach to the preparation of highly qualified cadres, knowing specificities of psychology of convicts, understanding their "forced" situation and capable of working in the conditions of counteractions of criminal structures.  They say, that in the opinion of Russians the Norwegian prisons have something in common with good educational institutions, normal cooperative company and cozy mountain skiing resorts with rather good food.  The Concept presupposes that bringing the conditions and treatment of convicted prisoners in accordance with the European standards presupposes larger personal space. It is noted that the conditions of serving punishment in form of imprisonment should provide for dignified life of persons and have maximum similarity to the regular life. 
Public service, municipal service and issues in the fight against corruption
Kabanov P.A. - Anti-corruption monitoring in a municipal unit: legal regulation, organization and implementation. pp. 44-53


Abstract: The author employs comparative legal method in order to study the topical issues of legal regulation, organization and implementation (performance) of anti-corruption monitoring in municipal units of the constituent subjects of the Russian Federation. As a result of the study it was established that in most of the municipal units there are no fundamentals for the legal regulation of anti-corruption monitoring at a municipal level, providing for clear descriptions of objects, subjects, methods, procedures and other issues regarding its performance.  Moreover, the existing municipal normative legal acts on organization and implementation of municipal anti-corruption monitoring have no unified title and structure of a final document, formed as a result of the anti-corruption monitoring in a municipal unit by the competent municipal bodies.  As a result the author draws a conclusion that it is necessary to form a prototype (model) municipal normative legal act regulating the issues of organization and performance of anti-corruption monitoring in a municipal unit based on which municipal normative acts in this sphere of anti-corruption activities could be adopted.
Kurakin A.V., . - Administrative regulations on performance of state functions and providing state services in the sphere of anti-corruption expertise of normative legal acts and their drafts. pp. 54-82


Abstract: The article concerns legal and organizational problems regarding implementation of administrative regulations in the sphere of anti-corruption expertise of normative legal acts and their drafts, and based upon the analysis the authors make propositions for the improvement of relevant procedures.  It is noted in the article that currently the potential of  anti-corruption expertise of normative legal acts and their drafts is being underestimated within the mechanism of fighting corruption. One  of the most important directions for improvement of efficiency of administrative activities of the state government bodies and is introduction of administrative regulations into their law-enforcement activities. Administrative regulations  and the procedures implemented according to them should considerably improve the quality of the activities of the state government and administration bodies, and they should create an optimum regime of relations between the officials and the persons, who addressed these bodies for public services.  Administrative regulations also facilitate improvement of performance of public functions, organization of interaction between executive government bodies and other interested subject, in particular, within the framework of public-private partnership. Additionally, the administrative regulations may and should facilitate fight against corruption and abuse of official position by the officials of various government and administrative bodies.
Shurukhnova D.N. - Control over property status and financial situation as a measure against corruption. pp. 83-98


Abstract: The article is devoted to the issues of application of measures aimed at corruption prophylactics, and in particular, to the control over financial situation and property status of public servants and persons holding public office by the state. The author follows the history of formation and development of measures for control over property status and financial situation of public servants and other persons in the Russian legislation. The author analyzes normative legal acts, establishing anti-corruption prophylactic measures for control by the state over property status and financial situation of state servants and other persons, showing the main normative regulation tendencies in this sphere. The author establishes the influence of international law on the formation of the national Russian legislation in the sphere of fighting corruption. The conclusion is made that improvement of legal regulation in the sphere of fighting corruption is directed at the stricter control by the state over the activities of public officials and persons holding public offices, and over their property status and financial situation in particular.
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