Электронный журнал Nb: административное право и практика администрирования - №7 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 № 07/2013
Contents of Issue № 07/2013
Public and municipal service and the citizen
Komakhin B.N. - Service procedures and process of their implementation within the public civil service system in the conditions of development of innovative technologies. pp. 1-24


Abstract: The article concerns legal and organizational problems of implementation of administrative service procedures within the public service system, the author discusses specific features of these procedures, based on which he makes conclusions on the need to improve them. Additionally, the article contains various points of view on the institution of public service and analysis of the tendencies of its development from the time of its formation till its current conditions. The author discusses the process of hiring a person into the public civil service, namely, contest access, formation of the contest commission, etc. The authort evaluates elements and parties to service contract, its form and contents, order of its conclusion.  The author also discusses attestation of civil servants. It is noted in the article, that administrative service procedures allow the citizens to implement their constitutional right to enter public service and to have careers in it. That is why it is objectively necessary to improve all of the existing judicial procedure.
Administrative and municipal law: business, economy, finance
Doinikov I.V. - Problems of legal regulation of the modern system of management. pp. 25-57


Abstract: The article contains analysis of the views of scientists and politicians with two opposing worldviews in the modern Russian legal studies: the first direction is currently leading liberal "orange" attitude, and the second direction is the starting new national state world viwe in the condition of liberal dictatorship and manipulations with the public conscience. The article concerns the problems of types of economic management, and the model of legal regulation of an economy, as well as the concept of entrepreneurial (management) legislation.  The author makes a conclusion that the sphere of wholesale and retail sales is the most hypertrophied in Russian economics, while the sectors of healthcare, education, public services are outdated and falling behind.  The author states that the Russian financial system should include two sub-systems: market economy with positive and negative feedback.  The author evaluates the main features of the Concept of Development of Civil Legislation. He points out three categories of sources of economic law, and describes the characteristic features of the moderl of raw-resource economy in Russia.
Administrative, municipal law and federal structure of the state
Agapov A.B. - On the issue of public coercion in the Russian law. pp. 58-87


Abstract: The article concerns current legal and organizational problems of implementation of administrative responsibility measures, and it is noted that the current legislation on administrative offence lacks the definition of administrative responsibility, which is not a positive thing.  It is noted that the will of the legislator and public government to make administrative sanctions stricter shows the absence of political will for public sanation and dialog between the government representatives and civil society regarding disagreement to the current political course or constructive criticism of government.  The scientific literature defines administrative responsibility as a measure of administrative coercion applied to natural persons and legal entities.  The administrative responsibility measures are administrative punishments, including proprietary and non-proprietary limitations of rights, implemented in an established procedural order. The article provides detailed description of political and legal factors, defining in the sphere of public sanation and concentration of efforts of the government towards the universal socialization of social and political life.
Administrative law, municipal law and security
Astanin V.V. - Fighting corruption and compensation of damage caused by corruption. pp. 88-99


Abstract: The article concerns topical issues of fighting corruption within the framework of modern legislative and political legal solutions regarding guarantees of prophylactics of corruption manifestations and implementation of restorative measures. The author analyzes shortcomings of law-enforcement regarding assignment of manyfold fines as punishment. The author also notes the obstacles to the application of civil law measures for responsibilty for corruption offences.  The existing defects of anti-corruption legislation are viewed as one of the sources for determination and development of criminal threats (organizes crime, drug crime, money laundering), and other matters closely related to corruption (non-payment policy, underfinancing, non-fulfillment of state contracts). The perspective approaches towards prevention of corruption and implementation of a wide range of restorative measures requires amendments to the legislation and optimization of legal practice (including interrelations between civil and criminal law measures). It is stated that fighting corruption in an unusual civil law dimension may be regarded as a special-purpose capital, allowing for efficient counteraction against criminal threats and challenges, which are based upon use of corruption ties.
Management law
Kananykina E.S. - System of education management in Germany. pp. 100-136


Abstract: The procedure for distribution of responsibility for educational policy and development planning is due to the federal structure of Germany. Distribution of competences between the federation and the lands is based upon legal and de facto distinction between their legislative, executive, judicial, financial and budgetary competences.  The Basic Law (Constitution) of the FRG of May 23, 1949 provided for differentiation between the implementation of federal laws by the lands as their own, and "upon assignment" of the federation.  As it was noted in legal scholarly literature in 1950s the  center of gravity in legislation was moved to the federation, while the center of gravity for implementation of federal law and management is with the lands.  The communal utilities bodies, having insignificant autonomy elements, also formed the part of administrative system.  Integration inside the European Union, political and social development in the states of the united Europe, and the Paris Charter for the new Europe included some recommendations due to inclusion of Central and Eastern European States into the EU as necessary elements of the modern European education system.  Studying the history for Europe and national history of the European states and traditions, attention to openness to the views of other people, tolerance, coexistence of persons with different languages and customs are now an integral part of system of school education in Germany. School needs to facilitate formation of the connections among the states within the global community, to assist its students in finding their place in the international integration and global cooperation.  The school should help the students to identify themselves with the European culture and traditions, and at the same time the students should learn and accept the geographical variety of European regions, social and political structures of Europe, forces forming the European history, traditions and cultures of its peoples.
Public service, municipal service and issues in the fight against corruption
Kurakin A.V. - Administrative legal aspects of legal responsibility within the mechanism of fighting corruption in public service in the Russian Federation. pp. 137-157


Abstract: Currently most of official documents on social, economic, political development of state and fighting crime mention corruption. Special attention was paid to corruption in the Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation in 2012. However, the wide-spread discussion and condemnation of corruption, recognition of its negative influence on economics, entrepreneurship, development of investment process and social infrastructure of the state do not resolve the problem.  The anti-corruption legislation did not bring expected results in the sphere of fighting corruption yet.  According to the data of Transparency International Russia has 28 points in corruption assessment, and it had placed 133rd of 176. In the rating of the rule-of-law states formed  by the World Justice Project Russia had 85th place out of 97. As the experts of the INDEM foundation note, corruption is a main and most dynamically growing sector of Russian economy, which chases any business starting from its registration to the takeover by officials or bankruptcy.  The annual income from corruption was over two times larger than the summary income of export of raw old, oil products and gas.  Corruption in Russia is regarded as a normal situation in the relations between citizens, business and state, rather than a deviation from moral and legal rules.
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