NB: Administrative Law and Administration Practice - rubric Administrative and municipal law: forms and methods of implementation (practice)
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative and municipal law: forms and methods of implementation (practice)"
Administrative and municipal law: forms and methods of implementation (practice)
Mazein A.V. - Regional practice of legal regulation of the use of social networks in public administration pp. 14-25


Abstract: This article provides the results of analysis of legal acts of the authorities of the constituent entities of the Russian Federation that regulate administrative activity involving the use of social networks. It is noted that such type of interaction between public authorities, citizens and organizations is gaining widespread. The need for using social networks and instant messengers by public authorities has increased in 2020–2021, since the traditional “face-to-face” communication was suspended due to the outbreak of COVID-19 pandemic. The acquired results indicate a significant increase in the instances of regulation of the use of social networks (from 184 mentions in 2011 to 3125 in 2020). It is noted that the use of social networks in administrative activity is regulated by the two groups of legal acts: 1) the acts adopted specifically for regulation of the use of social networks; 2) the acts that regulate other types of relations, but containing separate norms on the use of social networks. At the same time, in the practice of legal regulation, the first group of acts is divided into two types:: acts that establish the procedure for creating and maintaining accounts (webpages) of public authorities in social networks; and acts that establish the procedure for maintaining communication (appeals, publications in social networks) that require a response. The author summarizes the structure of the corresponding legal acts, which provides grounds for their further research.
Ternitskaya S.V., Ternitskii I.I. - The Mechanism of State Management of Housing and Communal Services in Sevastopol at the Present Stage pp. 23-31


Abstract: The article is devoted to the mechanism of state  mangaement of housing and communal services in Sevastopol at this stage and in terms of adaptation to new economic environment. The researcher analyzes the regulatory framework of housing and communal management, describes general and special features attributable to housing and communal services in Sevastopol and other regions of Russia. The author also outlines the external and internal factors that hinder the reformation and successful development of housing and communal services. In order to eliminate risks of ineffective and incomplete use of budget funds, the authors of the article suggest to imprrove the current mechanisms which will allow to achieve housing and communal services targets at this stage. The author suggests the program-oriented and goal-oriented approach to the aforesaid problem. The novelty of the research is caused by the fact that the authors prove that reformation of the housing and communal services may create conditions both for the effective use of both completely new innovation technologies and improvement of the management mechanism including making new management decisions that have been developed involving consumers of housing and communal services. 
Tregubova E.V. - Permission and prohibition in administrative law. pp. 25-56


Abstract: It is noted in the article that theoretical developments allow to make a conclusion, that based on its functional purpose legal prohibitions may implement prevention and interception of offences in various spheres of administrative legal regulation, as well as having an informative role. Additionally, generalization of several positions on legal prohibitions within the mechanism of legal reguation of social relations in the sphre of administrative legal reality allows one to note that prohibitions implement different social functions in various legal spheres.  However, the uniting element for all of the types of legal prohibition is the fact that they limit anti-social or unlawful behavior.  Protective function of the administrative legal prohibition is due to the social need to protect the interests of a person. The protective function of the administrative law prohibition is due to the social need to protect interests of a person, society and state from undesirable events.  This function is implemented via application of legal responsibility for the prohibited acts. Recognizing a significant role of administrative legal prohibition in the sphere of protection of public order, one should take into account the real capabilities of these legal means.
Kurakin A.V. - The police competence in the sphere of implementation of legislation on administrative offences. pp. 28-48


Abstract: Currently it is an important goal to form a balanced and substantiated policy on administrative punishments, as an element of the law-enforcement policy of the state, having a significant impact upon the wide range of social relations. Achieving these goals is related to the improvement of organization of proceediongs on administrative offences cases in police bodies, since tens of millions of offenders are brought to administrative responsibility upon the initiative of police bodies.  Making submissions is one of the efficient prophylactic measures of the police in order to terminate conditions and circumstances causing administrative offences. Failure to take timely prophylactic measures causes in some cases to repeated administrative offences. Timely interception of administrative offences especially those in the sphere of public order have considerable influence upon the efficiency of fighting crime in general. The heads of territorial bodies of the Ministry of Internal Affairs of Russia, especially those at the district level, tend to underestimate the role of administrative practice and fail to have systemic analysis and forecasting in the sphere of development of criminal atmosphere in their territories.
Komakhin B.N. - Information and innovation society and the process of development of civil service. pp. 32-45


Abstract: The article concerns legal and organizational fundamentals for the development of the innovative and information guarantees of public service, noting some problems in the way of development of the information technologies within the system of public service relations.  The article refers to a number of various social relations concerning information guarantees of service activities of public servants of various state government bodies.  It is noted which of the external threats to the development of service activities of the administrative cadres are fundamental.  Currently the key problems include the generally low demand for innovations in this sphere and inefficient activities of the public administration bodies and officials. At the innovative and information stage of development of the civil society law and morality necessarily take the form of the state of need and reason. There is need to fill the information sphere with such moral norms, which would facilitate personal development and support tolerance in service activities.
Truntsevskii Y.V., Novoselov S.A. - Greater efficiency of prevention of corruption crimes and offences committed by the road police officers as a precondition for the further reform of the Departments of Internal Affairs of the Russian Federation according to the Roadmap. pp. 45-61


Abstract: The article contains propositions for the implementation of conditions for the selection of cadres and greater efficiency of choice of staff, development of educational work and social guarantees for the staff of the Departments of the Ministry of Internal Affairs of the Russian Federation, as well as on achievement of greater trust of the people towards the police.  It is noted that financial difficulties and everyday problems cause officers to commit violations, and difficult working conditions serve as an excuse for such officers. It is noted that one of the lawful rights of officers is their right for reward. Manipulation of the managing officers with their decisions to punish or to reward their staff are somewhat alike to abuse of discretion, therefore, there appears an opportunity for "buy and sell" of such benefits.  All of the officers committing corruption acts in the Department of Internal Affairs of the Russian Federation may be divided into two categories. The first category includes officers, who committed crimes with the use of their official positions, and the second category includes persons wishing to achieve certain official positions with the use of corruption activities. The authors provide measures, which are capable of changing the attutude of the population towards the Departments of Internal Affairs, and to provide for greater trust of the people towards the police, to form the conditions for interest and competition for the positions in the DIA, and improving the status of police officers in society.
Vasil'ev R.I. - Legal Regulation of the Customs Value Control pp. 63-128


Abstract: the article is devoted to research of the questions of the legality of decisions taken by the officials in the customs valuation control. Based on the analysis of judicial practice on cases appealing the decisions of customs authorities on the customs valuation adjustment, there are suggested findings of the contemporary mechanism of the customs valuation control in the Russian Federation, and suggestions for its improvement.
Kalinin G. - Results of State Veterinary Inspections in Krasnodar Krai in 2012 pp. 72-80


Abstract: State veterinary supervision is an important mean of prevention of animals getting infected with dangerous diseases. In view of a difficult epidemic situation in the country and the world, the role of veterinary supervision is even increased. The author of the present article analyzes administrative experience in implementation of state veterinary inspections in Krasnodar Krai in 2012. The author compares the results of state veterinary supervision and administrative experience by the Directorate of the Federal Agency for Veterinary and Phytosanitary Supervision in the Krasnodar Krai and Republic of Adygeya and by state veterinary service of the Krasnodar Krai. The author describes the situation of African swine fever at the south of Russia. The comparative analysis proves the author's thesis that supervisory activity in the form of inspections must be necessarily distinguished from chargable veterinary services. It has been also proved that the majority of activities aimed at implementation of state veterinary supervision must be performed at the federal level. 
Uvarov A.A., Iakovlev-Chernyshev V.A. - On the control and supervisory functions of the Ministry of Justice of the Russian Federation pp. 120-134



Abstract: The subject of the study is the functions of the Ministry of Justice of Russia, special attention is paid to the control and supervisory function. The purpose of the study is to identify defects in regulatory legal acts that fix the list and content of the functions of the Ministry of Justice of the Russian Federation, as well as to find ways to correct them. The research methodology is based on systematic and complex approaches, includes a set of general scientific and private scientific research methods, including methods of analysis, synthesis, induction, deduction, system-structural, logical, formal legal, etc. The authors analyzed a set of legal acts regulating the organizational and legal aspects of the implementation of the functions of the Ministry of Justice of Russia. According to the results of the study, the following main results were obtained: the imperfections of the Regulations on the Ministry of Justice of the Russian Federation were revealed, including the confusion of the concepts of "functions", "powers", "area of jurisdiction", going beyond the functions of the Ministry of Justice of Russia to the level of discretion of the federal legislator, as well as insufficient specification of the powers of the Ministry of Justice of Russia in areas of the legal organization of local self-government; the author's classification is proposed, which allows improving the situation on the basis of systematization and clarification of the content of the functions performed by the Ministry of Justice of the Russian Federation; the peculiarities of the implementation of the control and supervisory function of the Ministry of Justice of the Russian Federation in relation to various subjects of law subject to verification are revealed; it is substantiated that the Ministry of Justice of the Russian Federation, together with the Federal Notary Chamber, should eliminate contradictions between the Code of Professional Ethics of notaries and the Labor Code of the Russian Federation. The conclusions and results obtained can be used in the activities of the Ministry of Justice of the Russian Federation, when conducting further legal research in the field of public law.
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