Электронный журнал Nb: административное право и практика администрирования - №4 за 2014 г - Содержание, список статей. ISSN: 2306-9945 - Издательство NotaBene
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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 04/2014
Contents of Issue № 04/2014
Issues of administrative and municipal legal relationship
Adarchenko E.O. - Administrative legal personality of legal entities. pp. 1-14

DOI:
10.7256/2306-9945.2014.4.12280

Abstract: The article concerns specific features of administrative legal personality as one of the key elements of a public law entity. The author substantiates the need to pass a law on public law entities, providing for their rights, obligations and responsibility. The author offers to regard public law entities as collective subjects of administraive law, having public competence. It is noted in the article, that administrative legal capasity is the capability of a person or an entity to implement rights, fulfill obligations and bear responsibility in accordance with the norms of administrative law. Administrative legal capacity of public law entities to uptake obligations appears at the same time with its general legal capacity at the moment when the public law entity is formed. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).    
Public and municipal service and the citizen
Kostennikov M.V., Kurakin A.V., Vatel' A.Y. - Anti-corruption and ethical standards for the service behavior of public civil servants. pp. 15-39

DOI:
10.7256/2306-9945.2014.4.12248

Abstract: The article concerns legal and organizational problems regarding implementation of anti-corruption standards of service behavior of public civil servants. It is noted that the relevant standards form a constituent part of their administrative legal status. It is also noted that with the help of various administrative legal means the state forms the environment, which shall not be succeptible to various corruption offences. The problem of corruption in various spheres of activities of state government bodies and administration is currently a global and systemic one. Corruption poses an immediate threat to the national security, stands in the way of development of democratic and civil society institutions in Russia, implementation of the constitutional rights of people in the spheres of education, health, social aid, proprietary relations. The methoological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).  Additionally, corruption casts a negative influence upon the development of economics, financial system and the entire infrastructure of the Russian state. It should be noted that corruption in the activities of state government and administration bodies  facilitates development of organized crime, forming the basis for the development of extremism and terrorism centers, threatening implementation of the national projects, undermining the ongoing public legal reforms in Russia. All of these problems and a number of others objectively call for formation of the administrative legal mechanism against corruption in various spheres of activities of public servants, as well as for the formation of the institution of administrative justice.
Public service, municipal service and issues in the fight against corruption
But S.S. - Administrative legal means for fighting corruption in the customs bodies. pp. 40-50

DOI:
10.7256/2306-9945.2014.4.12221

Abstract: The article points out topicality of the problems regarding fighting corruption offences. The author especially points out the public danger of corruption offences in the customs bodies of the Russian Federation, providing delictological, social and legal characteristics of corruption, providing a legal definition.  The author discusses topical issues and modern administrative legal mechanisms for fighting corruption within the system of state service of the Russian Federation. The author analyzes the administrative legal norms of anti-corruption legislation, which are formed in accordance with the modern legislative tendencies. The author then makes a conclusion that criminal law methods alone are not sufficient for the efficient fight against the corruption offences.  The author evaluates the perspectives of implementation of administrative law norms in the sphere of fighting corruption in the customs bodies of the Russian Federation. In the course of the research the author makes a conclusion on the formation of the system of administrative legal norms in the sphere of fighting corruption. The article contains analysis of some federal laws and decrees of the President of the Russian Federation containing anti-corruption norms.  The author proposes to develop the provisions of federal anti-corruption legislation in the departmental legal acts.
Lavrent'eva O.O. - Control in the system of public service as means for fighting corruption. pp. 51-73

DOI:
10.7256/2306-9945.2014.4.12224

Abstract: It is known that corruption has a negative influence upon the development of economy and social infrastructure, it corrodes the state government and administration bodies in the first place.  Due to the corruption involving many state and public servants and officials the citizens are basically being pushed out the sphere of free-of-charge obligatory services in the spheres of education, healthcare, social gauarantees, free public educational, social and administrative services become paid services for them. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).   For the control to be the efficient means for fighting corruption in the sphere of public service in the Russian Federation it is necessary for such control to become a constant activity of all of the state government bodies.  It is necessary to form a specialized system of control involving all of the aspects of public civil service. It is necessary to make control accessible for the public, in addition, control as means of prevention and interception of corruption in the state service system should be based on the current legislation, excluding arbitrary activities of the controlling structures.
Issue of the day
Prokof'ev K.G. - Administrative responsibility for violations of the procedure for the organization of meetings, gatherings, demonstrations, walks and picketing. pp. 74-83

DOI:
10.7256/2306-9945.2014.4.12249

Abstract: Development of democratic principles and institutions of people's rule takes place in a compicated and contradictory athmosphere. In this connection the state needs to take maximum effort  in order to guarantee legal order and protection of the rights of citizens in teh course of public political events. The methoological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).    In the conditions of political instability there is a growth of separatist and extremist moods in the Russian societ. That is why, the formation of additional legal and organizational mechanisms for the minimization of defects in the development of the Russian political system.  The right to organize, hold and participate in meetings, gatherings, demonstrations, walks and picketing is a general democratic and constitutional value. It allows the citizens and their associations to take part in the political life of the state, inform the government of their needs and support their interests within a broad range of social issues.
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