NB: Administrative Law and Administration Practice - rubric Administrative, municipal law and federal structure of the state
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative, municipal law and federal structure of the state"
Administrative, municipal law and federal structure of the state
Doinikov I.V. - Topical problems of state and law in the documents of the XVII World Russian People's Council. pp. 10-31


Abstract: The article is devoted to the problems of formation of criminal oligarchy model of raw materials economy. The economic losses of Russia due to the shock therapy of 1990s are comparable to the losses of the Civil War and the Hitler’s invasion.  These losses are formed by  devastation of enterprises  due to criminal privatization, outflow of capital, and loss of opportunity for reproduction of capital   stock due to termination of long-term credit. These losses keep growing under the influence of mechanism of non-equivalent economic exchange, which is supported by the policy of accumulation of currency reserve abroad with an insignificant interest rate, while acquiring much more expensive foreign credits.  These losses are also complemented by the loss of national control over the large-scale enterprises, which are taken to off-shore zones, making the independent development of Russian economy impossible  and threatening the sovereignty of the state. The XVII World Russian People's Council states that only by following the declared goals we may overcome the ethnic discord, social inequality, psychological and information dependency from foreign influence.
Kupreev S.S. - Legal regime for the stay of foreigners in the Russian Federation in the conditions of the Winter Olympic Games in 2014 in the city of Sochi. pp. 21-34


Abstract: The article is devoted to the specific features of the legal regime for the stay of foreigners in the Russian Federation in the conditions of the Winter Olympic Games in 2014 in the city of Sochi.  The author analyzes norms, regarding the procedure for entering the Russian Federation, stay in the territory of the Russian Federation, and leaving the Russian Federation, as well as the norms regulating labor, volunteer, and temporary personnel activities, and the measures for migration reporting on foreigners. It is noted that in accordance to their status most of the foreign citizens, who are coming to Russia in order to organize and hold the Olympic Games of 2014, including the representatives of the IOC, international and national sports federations, are within the scope of legal regulation of status of foreigners, and they have no special privileges and immunities. The norms regarding easing the legal procedures for the participants of the Olympic Games are part of the system of measures for the simplification of the legal formalities for the foreign guests at this time.
Kostennikov M.V., Kurakin A.V., Pavlyuk A.V. - On the issue of definition and methods of state administration in administrative law. pp. 40-63


Abstract: The article concerns the problem of state administration, various points of view regarding this category are analyzed and the conclusion is made that state administration is varied in its character and its quality is defined by the methods of administrative legal regulation. That is why their improvement may improve the quality of the public administration regime. The article also contains analysis of the fucionts of public administration, defining its strategic directions. The authors single out the general functions of public administration. Within the mechanism of public administration every function is used to greater or lesser degree, and it is with the use of all of the functions as a complex, which allows to refer to the activities on implementation of public administration.  The authors define the main goals of the term "state regulation", study administrative legal methods of public administration and their classification, single out characteristic features of administrative methods for state regulation, flowing from the very nature of public administration activities and the immediate object of administrative law.
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.
Sultanov K.A. - Features of consideration of cases on challenging the laws of the subjects of the Russian Federation on administrative offenses pp. 93-105



Abstract: According to the Constitution of the Russian Federation, administrative and administrative procedural law are jointly administered by the Federation and its regions. The article, based on the analysis of the practice of consideration by courts of administrative cases on challenging normative legal acts adopted by legislative bodies of state power at the regional level, highlights the features of consideration, identifies problematic issues and prospects for the rule-making of state bodies of public authority of the subject of the Russian Federation. The laws of the constituent entities of the Russian Federation on administrative offenses are also joint issues of federal and regional legislative authorities. When appealing against such regulations, the courts are guided by both the Administrative Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The main conclusion of the study is that there is currently a judicial practice on challenging the laws of the regions of the Russian Federation on administrative offenses that contradict federal legislation. Despite detailed checks of the laws before adoption, the problem of the existence of illegitimate regional laws remains relevant. Specific examples are given on the adoption of regional acts on administrative offenses with exceeding the powers of a subject of the Russian Federation. The novelty of the research lies in the assessment of the current state of legislation and judicial practice of its implementation. The author's special contribution to the research of the topic is to identify ways to further improve and prospects for the development of the procedure for adopting and challenging regional laws on administrative offenses. The practical significance of the research lies in the development of scientifically-based proposals for additional in-depth understanding and development of legal relations in the field of rulemaking at the regional level, including from the point of view of judicial norm control.
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