NB: Administrative Law and Administration Practice - rubric Management law
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Management law"
Management law
Vozhova E.M. - Ministry of Finance of the Russian Federation: State-of-the-Art Review of the Financial Law Subject pp. 1-16
Abstract: The article contains the analysis of the Ministry of Finance of the Russian Federation depending on the four directions (units) that characterize the Ministry of Finance as a governmental authority, state authority, executive authority and legal entity of public law. The author also pays atention at formation and development of a new phenomenon in law - legal entity of public law. The author forms the definition of state authority based on features of legal entities of public law and provides a definition of the Ministry of Finance of the Russian Federation as a state authority from the point of view of a legal entity of public law.  
Golubenko K.A. - Legal regulation of the state administration of the Arctic zone: from individual bodies to a single system pp. 1-13


Abstract: The subject of the study is the study of the legal status and scope of powers of the subjects of state administration of the Arctic zone, included and not included in Chapter II of Federal Law No. 193-FZ of 13.07.2020 "On State support of entrepreneurial activity in the Arctic zone of the Russian Federation". The purpose of the study is to identify problematic aspects in the legal regulation of the public administration system of the Arctic zone of the Russian Federation, and the formation of proposals aimed at solving them, as well as the formation of a unified management system of the Arctic zone. Research methods: dialectical method of interrelation of phenomena, general scientific methods of analysis and synthesis, formal-legal, as well as comparative-legal and historical-legal methods. The novelty of the work lies in the fact that this issue has not previously been comprehensively studied by scientists in the field of administrative law, despite the fact that the issues of public administration of the Arctic zone have been one of the central ones for the whole of Russia for many years. Based on the results of the study, the author proposes a unified list of Arctic zone management entities forming its system, as well as specific measures to improve the Arctic zone management system by changing the powers of its individual subjects Ц the Public Council of the Arctic Zone, the Management Company and special commissions for the development of the Arctic and ensuring national security functioning under the authorities.
Kananykina E.S. - Legal fundamentals of school education in France. pp. 16-31


Abstract: Till recently the education legislation of France included over 100 laws, many of which were adopted back in XIX century. Just like in many Western European states, the process of formation of the educational legislation in France was mostly fragmented till late 1960s.  Its specific feature was lack of sustainable generalized legal acts, which would apply to the education system as a whole, or its basic stages. At every stage of development of education system there was need to pass new laws for the regulation and bringing into accordance its various sectors and types of educational activity, for the formation of the new types of educational institutions and defining their statuses, for distribution of competences within  the education system and in its interactions with the other state and social institutions. Due to the above-mentioned causes, the fundamentals of the French legislation on education became a complicated conglomerate of laws old and new, and the sphere of their application was usually limited to specific sectors and even certain elements of education system and specific mechanisms for their functioning.
Fialkovskaya I.D. - Principles of public service provision: system and content. pp. 23-38



Abstract: The principles on which the public sphere is based are of great importance in terms of the legitimacy and effectiveness of government. The article examines the principles underlying public activities in the provision of state and municipal services to citizens and organizations. The purpose of the study is to define a public service, characterize the principles established by law for the provision of public services and analyze their content. The principles of providing public services are an important independent part of government activity and are directly related to the observance of the rights of citizens in relations with the state. The implementation of the principles affects the quality of relations between the state and the individual and, ultimately, trust in government. When highlighting the general and special principles of the type of activity under consideration, the article presents their relationship, interdependence and influence. The article achieved the following results: the concept of public service was formulated; the difference between a public function and a public service is defined; the content of the principles for the provision of public services established by law analyzed; principles have been proposed that can be supplemented with legislation in order to improve the provision of public services; The interaction of the principles of providing public services with the general legal principles of public activity and with each other has been identified. The article establishes measures that promote the efficiency of the provision of public services and respect for the rights of citizens: standardization and regulation of services, the introduction of multifunctional centers operating on the Уone-stopФ principle, and the use of electronic forms of service provision.
Bratanovskii S.N., Lisitskaya A.V. - Administrative and legal aspects of realization of the principles of state control over automobile transport in the Russian Federation pp. 36-56


Abstract: The research subject is the set of legal documents guaranteeing the implementation of principles of state control over automobile transport in the Russian Federation. The purpose of the research is to study the problems of the process of implementation and to develop administrative provisions, which can help solve these problems. The authors analyze the concept of the principles of state control and describe their scientific classification. The authors consider each of the principles and characterize them. Special attention is given to the principle of the priority of life and health of the participants of road traffic over the economic results. The research is based on the methods of system analysis, the comparative-legal, formal-legal and other methods approved by modern jurisprudence. The authors conclude that the proposed administrative-legal measures aimed at the increase the effectiveness of passenger and cargo carriage can be integrated in the current state programs subject to appropriate financing. The scientific novelty of the study consists in the analysis of administrative and legal problems of state control over automobile transport and in the elaboration of proposals about their elimination. 
Kananykina E.S. - The American System of Higher Education pp. 53-78


Abstract: According to the Amendment X to the Constitution of the USA, functions of the federal government do not include management of the system of education and indeed , the USA federal government has been taking very little participation in the process of managing the system of education until recently. Modern America demonstrates limited autonomy of regional and local governing bodies of education and educational institutions themselves. It is mostly due to the financing system. Percentage of the state federal allocations for needs of education is growing, but nevertheless they still concede to those sums which are allocated for the needs of USA states and educational districts. Certainly, the decentralized system has to open a bigger scope to development of a local initiative and facilitate carrying out various pedagogical experiments. Decentralization process theoretically shouldn't resist to installations on strengthening of influence of the central public authorities. In the United States of America the higher eduction is under responsibility of states instead of the federal government. Therefore, with insignificant exceptions such as, for example, military academies, the state higher education is recognized and managed at 50 states. About 57 percent of colleges and universities enlisting 23 percent of all students are private noncommercial establishments the majority of which includes the most prestigious colleges and universities and open higher education institutions. The federal government possesses two important functions which are equally applied to both private and state universities: providing students with the financial aid and sponsoring the majority of the researches, in particular, in the field of biomedical and physical sciences.
Kananykina E.S. - The system of French higher education. pp. 57-81


Abstract: The pronounced national specificities are typical for the French education system. It has its own system of diplomas and scientific degrees, special division into cycles, special attitude towards the diplomas of state educational institutions (being much more prestigious than those of private schools and higher education institutions). From the time when the  Dupanloup Law "On the Freedom of Higher Education" of July 19, 1875 the functioniong of the system of higher education is regulated by national legislative acts, decrees and instructions of the state government bodies. The structure and functions of the educational institutions, curriculums and programs are mostly defined by the Instructions of hte Ministry of National Education in spite of the university authonomy announced by the laws. The specific feature of the French system of public education is strict centralization and administrative uniformity, and it lost its topicality in the modern society. The curriculums and programs, school order, assignment, movement, and dismissal of teachers of state educational institutions are regulated in much detail  by regulations, instructions, orders of the Ministry of National Education, and they currently give in to the processes of delegation of competence and self-government. Decentralization of education is based upon two principles: separation of competence and complement principle. While the state delegated the competence regarding school transportation, functioning, utilities and construction of school institutions to the local territorial bodies, it still guarantees hiring and training of teachers and management of teaching staff. It defines the main directions of development of national education, as well as the education programs. 
Kabanov P.A. - Presidium of the Presidential Council of the Russian Federation and its Operative Bodies as the Highest Federal Specialized Anti-Corruption Organizations: Concerning Increasing the Quality of Legal Regulation and their Performance Efficiency pp. 91-104


Abstract: The article is devoted to the legal nature of auxiliary operative bodies (Presidium, groups and Committee) of the Presidential Council of the Russian Federation as the highest federal specialized anti-corruption authorities that develop the national anti-corruption policy and provide guarantees for enforcing this policy. The author of the present article defines contradictions of legal regulation and arrangment of activities performed by the Presidium of the Presidential Council of the Russian Federation and auxiliary operative bodies (Committe for Coordination of Activities Performed by Federal Executive Authorities, other state authorities executing international agreements of the Russian Federation in the sphere of corruption management, groups interacting with civil society, business community and state authorities on the matter of mutual participation in corruption management). The author of the article makes suggestions on how to improve existing regulatory acts in this sphere.
Kananykina E.S. - System of education management in Germany. pp. 100-136


Abstract: The procedure for distribution of responsibility for educational policy and development planning is due to the federal structure of Germany. Distribution of competences between the federation and the lands is based upon legal and de facto distinction between their legislative, executive, judicial, financial and budgetary competences.  The Basic Law (Constitution) of the FRG of May 23, 1949 provided for differentiation between the implementation of federal laws by the lands as their own, and "upon assignment" of the federation.  As it was noted in legal scholarly literature in 1950s the  center of gravity in legislation was moved to the federation, while the center of gravity for implementation of federal law and management is with the lands.  The communal utilities bodies, having insignificant autonomy elements, also formed the part of administrative system.  Integration inside the European Union, political and social development in the states of the united Europe, and the Paris Charter for the new Europe included some recommendations due to inclusion of Central and Eastern European States into the EU as necessary elements of the modern European education system.  Studying the history for Europe and national history of the European states and traditions, attention to openness to the views of other people, tolerance, coexistence of persons with different languages and customs are now an integral part of system of school education in Germany. School needs to facilitate formation of the connections among the states within the global community, to assist its students in finding their place in the international integration and global cooperation.  The school should help the students to identify themselves with the European culture and traditions, and at the same time the students should learn and accept the geographical variety of European regions, social and political structures of Europe, forces forming the European history, traditions and cultures of its peoples.
Sidorov E.I. - The Federal Customs service as a subject of administrative coercion application pp. 142-160


Abstract: The article is devoted to the legal characteristics and the peculiarities of administrative and jurisdictional activity of customs authorities. The author investigates the legal basis and the types of administrative - jurisdictional proceedings, the order of their registration and their role and importance in the activities of the customs bodies in the Customs Union within the Eurasian Economic Union. The article focuses on the legal and organizational problems of administrative and legal regulation of administrative proceedings. The author carries out the theoretical and legal analysis of the concepts of administrative and jurisdictional activity. The main attention is paid to the development of the methods and methodology of administrative proceedings in the customs sphere. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the customs sphere it is necessary to improve the forms and methods of procedural activities of customs bodies. The author speaks about the necessity to develop administrative-legal regulation of administrative proceedings. The novelty of the research lies in the suggestions about the development of forms and methods of public regulation of customs activities and the provision of legal and organizational guarantees of legality in the sphere of customs administration. 
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