Электронный журнал Nb: административное право и практика администрирования - №9 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 № 09/2013
Contents of Issue № 09/2013
Administrative and municipal law: business, economy, finance
Bogolyubskii S.S. - On the Genesis of Victimal Behavior During Entrepreneurial Activities pp. 1-17


Abstract: The article is devoted to legal problems of formation of victimal behavior in the course of performance of entrepreneurial activities. The author of the article states that crime commited by businessmen shouldn't be considered purely "economic". On the other hand, they just can't be 'not economical' nowadays. Howeve, 20 years ago criminologists expressed their opinion that the economic crime consisted of infringement of property and procedure of business activity. Noteworthy that when it comes to the sphere of entrepreneurial activity, the list of crime should not include acts that are related to the sphere of entrepreneurship as the main, additional, obligatory or non-binding object. It has been assumed that expansion of the structure of fraud may lead to criminalization of actions committed by legitimate businessmen who use bank credits for the purposes other than intended or can't pay their credits in due time. The author describes peculiarities of crime committed in the field of entrepreneurial activities and discusses particular articles of the Criminal Code of the Russian Federation concerning crime committed during entrepreneurial activities.  
Administrative law, municipal law and security
Kostennikov M.V., . - Legal Regulation of Transport Safety and the Role of Police in Providing It pp. 18-52


Abstract: The modern period in development of transport and transportation infrastructure sets new goals aimed at establishing an integrated system of transport safety. Thus, in 2012 accident rate grew by 10% for motor vehicles grew, by 3.4 % for air and water transport and by 5.6% for railway transport. Annually  about 100 thousand people decease as a result of transport accidents in the Russian Federation. All these data prove there is a need to improve administrative and legal regulation of activities conducted by federal executive authorities in the sphere of transport safety. Safety issues of the personality, society and the state have always been in the center of attention of the state and civil society. Economical globalization, terrorist threats and unstable financial and political situation in many countries bring out questions of global safety in a diffrent light including those in the sphere of transport functioning. 
Management law
Kananykina E.S. - The American System of Higher Education pp. 53-78


Abstract: According to the Amendment X to the Constitution of the USA, functions of the federal government do not include management of the system of education and indeed , the USA federal government has been taking very little participation in the process of managing the system of education until recently. Modern America demonstrates limited autonomy of regional and local governing bodies of education and educational institutions themselves. It is mostly due to the financing system. Percentage of the state federal allocations for needs of education is growing, but nevertheless they still concede to those sums which are allocated for the needs of USA states and educational districts. Certainly, the decentralized system has to open a bigger scope to development of a local initiative and facilitate carrying out various pedagogical experiments. Decentralization process theoretically shouldn't resist to installations on strengthening of influence of the central public authorities. In the United States of America the higher eduction is under responsibility of states instead of the federal government. Therefore, with insignificant exceptions such as, for example, military academies, the state higher education is recognized and managed at 50 states. About 57 percent of colleges and universities enlisting 23 percent of all students are private noncommercial establishments the majority of which includes the most prestigious colleges and universities and open higher education institutions. The federal government possesses two important functions which are equally applied to both private and state universities: providing students with the financial aid and sponsoring the majority of the researches, in particular, in the field of biomedical and physical sciences.
Public service, municipal service and issues in the fight against corruption
Komakhin B.N. - Administrative Regulation of Civil Servants' Activities in Terms of Innovation-Based Development pp. 79-87


Abstract: The article is devoted to legal and organizational problems of improving activity of civil servants as a part of innovation-based development of the country under the conditions of modernization of the Russian economy. In this regard it is necessary to develop the legislation on public service. It is said that compliance to new conditions and requirements has become one of the central goals of reformation of public service today. It is noted that efficient administrative activities with personnel should be the most important principle of management. The important precondition of increase of efficiency of innovative activity in Russia is the implementation of the innovation policy by public service and officers of the executive authorities of the Russian Federation and its constituents. The list of measures which are realized according to Strategy of Innovative Development is provided. It is said that these measures involve efficient usage of the best international practices and experience in supporting innovation activities. Establishment of new structures on the basis of innovative legal relations of officers and their research is an objective goal for administrative and legal science.
But S.S. - The System of Anti-Corruption Measures of Administrative Law at Customs Authorities of the Russian Federation pp. 88-98


Abstract: The author of the article underlines importance of problems of counteraction to corruption offenses. Public danger of corruption offenses in customs authorities of the Russian Federation is especially emphasized. The delictological, social and legal description of corruption is given, the legal definition is used. Topical issues and modern administrative legal mechanisms of counteraction of corruption in the system of public service of the Russian Federation are considered. The administrative rules of law of anti-corruption character caused by current legislative trends are analyzed. The author of article draws a conclusion about insufficiency of criminal and legal methods for effective counteraction to corruption offenses. Prospects of right application of administrative rules of law in the sphere of counteraction of corruption in customs authorities of the Russian Federation are estimated. During work the conclusion about formation of system of administrative rules of law in the sphere of counteraction of corruption is drawn. The analysis of some federal laws and decrees of the President of the Russian Federation containing standards of anti-corruption nature is made. Development of provisions of the federal anti-corruption legislation in departmental regulations is offered.
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