NB: Administrative Law and Administration Practice - rubric Issues of administrative and municipal legal relationship
NB: Administrative Law and Administration Practice
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > Editorial board > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Issues of administrative and municipal legal relationship"
Issues of administrative and municipal legal relationship
Adarchenko E.O. - Administrative legal personality of legal entities. pp. 1-14


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.).    
Gryaznova E.V., Mikheeva V.V. - Information infrastructure of municipal management pp. 1-9


Abstract: The research subject is information infrastructure of municipal management. The research object is municipal management informatization. The authors pay special attention to the analysis of the principles of development of information infrastructure of municipal management. In particular, they consider the experience of information infrastructure forming in the municipalities of the Russian Federation, reveal the main components of information infrastructure, and consider the structure of its main elements. The authors analyze the current problems of establishing and implementing information infrastructure of municipal management. The research methods include analysis, comparison, and generalization, the structural-functional method, the elements of information approach. The authors conclude that information infrastructure of municipal management can be understood as a set of the following elements: information potential of the subjects of management; information flows and resources; information instruments; legal provision regulating the efficiency of information infrastructure. The research novelty lies in the substantiation of the necessity to include information potential of management subjects into the information structure of municipal management. The study of municipal programs shows that this element is not taken into consideration, thus leading to the inefficient use of infware. 
Gryaznova E.V., Veresova E.A. - Information culture in the system of municipal education administration pp. 1-9


Abstract: The research subject is information culture in the system of municipal education administration. The research object is informatization of municipal education administration. The authors consider the information culture model consisting of five main elements:1. Informational competence of municipal officers2. Information and technical support for education management3. Communication between administration entities.4. Informational competence of consumers of educational services.5. Information and legal provision of education managementSpecial attention is paid to the analysis of each element, which is held on the basis of statistical data and scientific publications. The main methods of research are the methods of analysis, generalization and comparison, the structural method, the methodology of statistical data studying, the elements of the information approach. The main findings of the study are:1. The existing information culture models don't take into account the two important elements related to the IT-competencies of the subjects of management and the consumers of educational services.2. The study of these two components in municipal entities shows that they are still underdeveloped as compared to other components; this situation leads to the reduction of the level of information culture in general.3. The article substantiates the necessity to use the five-element model of information culture, which should serve as the basis for the development of municipal programs of education informatization. 
Vinnitskiy A.V. - The objects of exclusive public property: gaps in legislation and case law pp. 1-11


Abstract: The subject of this research is the provisions of current legislation establishing the categories of the objects of exclusive public property and regulating their legal regime. The author explores, generalizes and critically analyzes the practice of arbitration courts on consideration of property disputes involving objects of exclusive public property. The topic in question is examined in the context of the foreign and Russian public trust doctrine. Particular attention is paid to the critical analysis of the Decree of Supreme Council of the Russian Federation of 12.27.1991 No.3020-1 and its practical implementation. The following conclusions were made: 1) the concept of exclusive property objects is similar to the category of public domains in Roman Law countries; 2) the Decree of Supreme Council of the Russian Federation of 12.27.1991 No.3020-1 cannot be used as a normative criterion for the objects of exclusive property; 3) the relevant list of categories of exclusive property objects has not yet been systematized. The author underlined the need for qualitative development and prompt passage of the federal law “On the State and Municipal Property”, which would establish the exhaustive list of the categories of objects attributed as the exclusive public property, as well as codify their legal regime, including inalienability from property of the corresponding public formation, and inapplicability of the statutes of limitation for protecting the right to property by public administration.
Avdeev V.V. - Peculiarities of Administrative Legal Regulation of Public Services in Foreign States pp. 8-14


Abstract: The subject of the research is the legal acts that define the procedure and conditions for interaction between the state and citizens. The object of the research is the social relations arising in the process of providing state (public) services. The author of the article analyzes such aspects of the topic as creation and execution of laws on public (state) services in a number of foreign states and success of testing different models of e-services. Avdeev analyzes quality criteria for provision of state and municipal services based on international principles. The methodological framework of the research includes such methods as formal law method, dialectical method, comparison, comparative analysis, induction, and others. In his article Avdeev analyzes peculiarities of the administrative regulation of state services in foreign states and discovers that in foreign states legal regulation of state and municipal services resulted in ratification of the Charter for Provision of State Services to the Public. Avdeev suggests to develop a set of the main principles for provision of state and municipal services in the Russian Federation. 
Gryaznova E.V. - Education management at the municipal level: problems and prospects pp. 10-21


Abstract: The subject of the research is the analysis of problems and prospects of education management development at the municipal level. The object of the study is education management at the municipal level. The author considers the modern principles and the normative base of education management in municipalities. Special attention is paid to examining the trends in education management and the challenges faced by municipalities in the information society and in the process of transition to the system of "electronic state". The material can be used for updating the courses on the "Municipal management" subject. The main research methods are the method of analysis, generalization, processing of statistical data, the method of analysis of normative-legal documentation. The main conclusions of the research are:1. The study of the modern trends of municipal education management development shows that the optimization process of the education system is based on informatization thus requiring the change of the management principles. At the municipal level, these changes are not implemented effectively.2. The main reason for this situation is not only the imperfection of the legislative base and economic inequality of municipalities, but also a low level of information culture of this social institution.
Tregubova E.V. - Institution of stimuli and limitations in the administrative law. pp. 12-43


Abstract: It is noted in the article that the theoretical developments allow one to draw a conclusion that based upon their functional purpose the legal prohibitions may implement prevention and interception of offences in various spheres of administrative legal regulation, as well as serving the information purpose.  Additionally, generalization of a number of opinions on legal prohibitions within the mechanism of legal regulation of social relations in the sphere of administrative legal reality allows one to stat that prohibitions serve different functions in different branches of law.  However, the uniting force for all of the legal prohibitions is that they limit the anti-social or illegal behavior. The protective function of administrative law prohibitions is due to the social need for the protection of interests of individuals, society and state from unwanted acts.  This function is implemented via legal responsibilty for prohibited acts. Recognizing the significant role of administrative law prohibitions in the sphere of preservation of the legal order, one should take into account the realistic capabilities of these legal means.
Amelichkin A.V., Isaev M.M. - Revisiting Efficiency Improvement of Activities on Preventing Infant Road Traffic Injuries pp. 13-19


Abstract: The subject of the study is the system of legal relations in the sphere of traffic road safety. The object of the study is social relations arising in the process of implementation of the rights and legitimate interests of minor pedestrians. The aim of the research was to examine the legislative and regulatory framework, regulating the administrative status of minor pedestrian and prevention of violation of minor pedestrian's rights and legitimate interests. The authors address the problems of regulatory management of the process of implementation of the rights and legitimate interests of minor pedestrians. The authors emphasize the use of segways, electric unicycles, self-balancing scooters, and other vehicles by minor pedestrians. The methodological basis of the work consists of dialectical, historical, structural-systemic, statistical, comparative-analytical, and other methods widely used in legal science. The novelty of the study is determined by the need of improvement of the legal framework for the prevention of the violation of minor pedestrians' rights and legitimate interests in the sphere of traffic road safety. The authors expose the problems in the sphere of movement of minor pedestrians on segways, electric unicycles, self-balancing scooters, and other vehicles. Also, they suggest a regulatory and legal solution to the problem. The main conclusion of the conducted study is the need for revising the regulatory legal acts in the sphere of road traffic safety in the aims of efficiency improvement of prevention of infant road traffic injuries of minor pedestrians. Field of study results application: the provisions of the work can be used in the legislative activity of government bodies, law-enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of road traffic safety, improving the branches of the Russian legal system.
Bylinin I.A. - On the Question about the Legal Regulation of the Administrative Status of Physical Entities Who Use Individual Electric Motor Vehicles Unfit for Public Road Traffic pp. 15-20


Abstract: The subject of the research is the legal acts that regulate the use of individual electric motor vehicles that are unfit for public road traffic, relevant law-enforcement practice and analysis of particular cases of road traffic accidents that involved individuals with electric motor vehicles as well as technical specification of such vehicles. In his research Bylinin analyzes social relations between state authorities and individuals using electric motor vehicles unfit for public road traffic. In the course of his research Bylinin hasx used dialectical analysis methods that rae used to analyze social and legal phenomena as well as general and specific research methods such as system-structured analysis, logical legal analysis, comparative law method, statistical analysis, sociological and others. The main result of the research is that the author has clarified the system of legal regulation of the administrative status (rights and responsibilities) of individuals who use electric motor vehicles unfit for public road traffic (Segways, unicycles, hoverboards, and the like). 
Bylinin I.A. - On the oversight activity with regards to carpooling and exercising federal state supervision in the area of road safety to its participants pp. 18-25


Abstract: The subject of this research is the normative legal acts that regulate responsibility for nonobservance of mandatory requirements on ensuring road safety in the context of using online services for joint trips (carpooling), law enforcement practice, and consideration of the author’s perspective on the improvement of carpooling. The object of this research is the public relations that emerge while using online services for joint trips that involve personal vehicles with partial compensation for driver’s expenses (carpooling). The goal of this article is to improve legislation in the area of state oversight over the activity of individuals operating vehicle for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or a charter contract. The scientific novelty lies in proposing amendments to the current legislation in the sphere of exercising state supervision of ensuring road safety and interpretation of the Article 20 of the Federal Law No.196-FZ “On The Road Safety” in a new revision. The introduced changes would allow state supervision of the individuals operating vehicles for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or charter contract. The adopted measures may contribute to elimination of factors that lead to commission of administrative offenses.
Borisova Y.V., Belyaeva E.S. - Problems Faced by the Rural and Urban Settlements of the Irkutsk Region as Part of Inter-Budgetary Transfers pp. 22-32


Abstract: The aim of the article is to analyze the main problems of the existing mechanism of inter-budgetary grants both at the subfederal and intra-regional level. The subject of the research is inter-budgetary transfers provided to rural and urban settlements of the Irkutsk Region. The authors of the article view inter-budgetary transfers as the main mechanism for creating stable financial relations between all levels of the country's budget system that would affect the fulness of the Russian Federation budgets and, as a consequence, increasing or decreasing their financial independence in self-fulfilment of needs of regions and municipal units. The methodological basis of the research includes general research methods (analysis and synthesis) and statistical methods (statistical observation). The authors of the article describe typical features of the national system of inter-budgetary relations, carry out an analysis of the economic focus, view directions of law changes, and analyze dynamics of inter-budgetary financial assistance both at the subfederal and intra-regional levels of the Irkutsk Region. Serious problems are created by the combination of levelling and stimulating mechanisms in the process of providing fiscal capacity levelling. Based on the example of rural and urban settlements of the Irkutsk Region, the authors demonstrate that distribution between intra-budgetary transfers is rather inefficient and offer possible directions for improving this sphere. 
Lomov I.S. - Actual Problems of Normative Legal Regulation of State Registration of Vehicles (Self-Propelled Vehicles) in the Russian Federation pp. 29-38



Abstract: 2022 has become a defining period for fundamental changes in the legislation of our country. It became not only an impetus for global reform, but also fully determined the main stages of the forthcoming work to reshape the country's regulatory system as a whole. The special military operation gave a premature impetus to the final understanding of the most important and priority areas of our country's life. One of these areas, of course, is the transport sector. First of all, the life and health of people, the safety of property and safety for the environment depend on full transparency in this area. Our article is intended to identify the key problems of regulatory legal regulation of the state registration of vehicles (self-propelled vehicles) in the Russian Federation and offer their solution. The relevance of our topic is related to the strengthening of state control over the processes associated with the use of vehicles or self-propelled vehicles by citizens for personal, industrial, agricultural and other purposes.The main objective of our article is to make a proposal for a radical change in the regulatory legal approach to actions related to state registration by the authorized bodies of the Russian Federation of vehicles and self-propelled vehicles.The uniqueness of the work and its scientific novelty lies in the fact that the problems identified by us in the field of state registration of vehicles and self-propelled machines are proposed for the first time to be solved by amending the whole complex of regulatory legal acts of the Russian Federation, as well as by changing the already established procedural principles of the work of registration authorities.
Amelichkin A.V. - The peculiarities of legal regulation of technical inspection of vehicles at the present stage pp. 46-55


Abstract: The subject of this research is the system of social relations in the sphere of road safety associated with technical operation of motor vehicles. The object of this research is social relations that arise in the context of mandatory vehicle inspection. The goal lies in examination of the current normative legal framework that regulates road safety, as well as in analysis of the proposals of state authorities on cancellation of mandatory technical inspection. The author explores the issues of normative legal regulation of vehicle technical inspection at the present stage. Special attention is given to negative impact of the cancellation of mandatory technical inspection of vehicles owned by citizens and used for personal purposes upon the road safety system. The novelty lies in the need for the improvement of social relations in the area of road safety. The author discloses the content of the current legislation pertaining to vehicle technical inspection; analyzes the relevant draft laws in the area of road safety; as well as formulate recommendations for the improvement of oversight legal relations by raising the responsibility of operators of technical inspection for its quality. The acquired results can be implemented in legislative activity of government agencies, law enforcement activity, educational process of educational institutions, scientific research on the problems of road safety, improvement of the branches of the Russian legal system.
Izinger A.V., Groshev S.N. - Separate question on prevention of alcohol abuse within the framework of administrative regulation of the Russian Federation pp. 71-78


Abstract: The object of this research is the social relations established in the context of regulatory impact of the government upon the model of alcohol consumption. The author explores the questions of effectiveness and sufficiency of measures taken within the framework of administrative legislation. The subject of this research is the legal norms, scientific sources and law enforcement practice that characterizes the key vectors of government activity on prevention of alcohol abuse. The scientific novelty consists in consideration of state policy in this regard, with the exclusion of repressive intervention into social relations associated with alcohol consumption if they do not cross the boundaries of acceptable behavior manifested in the facts of alcohol abuse. The article is dedicated to the questions of state policy aimed at prevention of alcohol abuse in the Russian Federation. The author reviews the role of government in regulation of social relations in this area, as well as determines the regulatory mechanism, including the norms of administrative legislation. The recent Russia’s experience in the struggle against drunkenness and alcoholism is described. The content of the Code of Administrative Offences of the Russian Federation is analyzed for determining the forms of regulatory influence upon the level and model of alcohol consumption. The author highlights the peculiarity of preventive impact of the norms of administrative legislation for actions related to alcohol abuse; notes separate flaws of administrative regulation in the area of prevention of alcohol abuse. Recommendations are made on the improvement of administrative legislation and law enforcement practice regarding the prevention of alcohol abuse.  
Semenova A.A. - Organization of Interaction between the Police and the Subjects of the System of Crime Prevention in Countering Dangerous Hobbies of Young People pp. 72-80



Abstract: The object of scientific research is social relations between the police and the subjects of the crime prevention system in counteracting the dangerous hobbies of young people. The subject of scientific research is the norms of the administrative legislation of the Russian Federation. In the course of the study, scientific-theoretical, scientific-practical, comparative-legal research methods, objective methods of analysis and synthesis, and others were used. The relevance of this study is due to the organization of police activities with other subjects of prevention and counteraction to dangerous hobbies of adolescents and youth, the use of various preventive measures and ways to prevent acts that threaten the life, health and moral education of the younger generation.The novelty of the study lies in the fact that the scientific provisions are analyzed in the direction of the study on the organization of interaction between the police and the subjects of the prevention system to counter the dangerous hobbies of adolescents and young people. The problems of implementing the interaction of the police with other subjects to counter the dangerous hobbies of adolescents and youth have been established and recommendations have been proposed for the creation of a general regulatory legal act and amendments to a number of legislative acts to improve the organization of interaction between the police and other subjects of prevention in the field of counteraction to the dangerous hobbies of adolescents and youth.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.