NB: Administrative Law and Administration Practice - rubric Issues of administrative and municipal legal relationship
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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). 
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. 
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.  
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