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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 02/2009
Contents of Issue ¹ 02/2009
Programming languages
Surgutskov V.I. -
Abstract:
Public and municipal service and the citizen
Bulavin, S.P. - Legal guarantees for the legal order. pp. 0-0
Abstract: the article is devoted to the analysis of basic processes, which were going on in the sphere of state government in 2007 – 2008. In spite of the fact that nowadays the efficiency of state government is rather low, one may state that in Russia there was a great number of reforms aimed at the formation of the truly democratic administrative system. Due to this factor, the author formulated the basic tendencies of organization of Russian government at the current stage. The author also provides the list of such tendencies…
Keywords: gosudarstvennyi grazhdanskii sluzhashchii.
Administrative and municipal law: business, economy, finance
Tregubova, E.V. - Problems of realization of acts of application of prohibiting norms of administrative law pp. 0-0
Abstract: the article is devoted to the content of acts of application of norms of administrative law within the mechanism of legal regulation, the author shows their role and social goals. The author also presents a classification of such acts within the mechanism of legal regulation.
Keywords: mechanism of administrative legal regulation, application act, individual legal act, classification of acts of application of the civil law norms, approving, registration and prohibiting acts of application of norms of administrative law.
Kobzar-Frolova, M.N. - Problems of tax legal regulation of investment activities in the Russian Federation pp. 0-0
Abstract: this article is devoted to the issues of tax legal status of foreign legal persons, regulation of tax legal relations with the participation of foreign legal persons, avoiding conflicts in such relations, prevention of delict (offence) situation, non-discrimination in the tax relations, the influence of international conventions on resolution of conflicts, which appear between the tax bodies and the foreign legal person in the Russian Federation.
Administrative law, municipal law and security
Svininykh, O.Y. - Topical problems of execution of powers of the border guard bodies of the Federal Security Service in the sphere of ensuring national security in the marine border territory pp. 0-0
Abstract: the article provided is quite topical nowadays, and it is due to a number of issues. First of all, the existing administrative legislation, which established the competence of the border guard bodies has certain shortcomings. Secondly, ,the growing number of threats to the national interests in the marine borderline territory are mostly related not to armed force attacks, but rather to the trans-border organized crime. Thirdly, the administrative reform in the Russian Federation lead to destruction of the of the body responsible for the marine borders. Fourthly, the formation of the new units within the new structure means continuing reform. The article is devoted to the problems of realization of powers of the board guards, and possible ways to overcome difficulties.
Keywords: zashchita informatsii, taina, kriptografiya, shifrovanie, informatsionnoe vzaimodeistvie.
Ilyin, A.Y. - Administrative and legal means of protection of information with use of electronic digital signature pp. 0-0
Abstract: the article includes the review of the content and nature of the legal regulation of information, use of electronic digital signature. The author also analyses the foreign experience with the digital signature, stages of legal regulation of electronic digital signature in financial and tax relations.
Keywords: digital signature, information security, protection of information, secret, cryptography, level of protection of information, encryption, information cooperation.
Administrative and municipal law: forms and methods of implementation (practice)
Kosyagin, A.V. - Information security as an object of jurisdictional protection pp. 0-0
Abstract: the article is devoted to information security within the framework of ensuring of security in the society, the content of information security, its place within the system of security in the society, the jurisdictional means of ensuring information security.
Keywords: information, information security, administrative responsibility, jurisdiction, administrative violations in the sphere of information, information society, the procedure of access to public information.
Aleshkova, N.P. - Legal mechanism and consequences of cancellation and temporary cessation of application of acts of municipal bodies pp. 0-0
Abstract: the article is devoted to the analysis of normative activities of the local self-government bodies, as well as mechanisms of cancellation and temporary cessation of application of acts of municipal government. The article includes analysis of the mechanism of the judicial procedure on cases, arising from public law relations.
Keywords: normative legal act, challenging the legality of normative legal acts, municipal bodies, representative bodies of local self-government, the constituent subject of the Russian Federation, the protection of interests of people.
Grebenshikova. Y.B. - Definition of municipal contract and its legal nature pp. 0-0
Abstract: the article is devoted to the analysis of municipal contract based by the analysis of federal legislation and other normative acts. The author comes to a conclusion, that a municipal contract is a general legal form, a group for a number of civil law contracts. The author also includes analysis of points of view of legal scholars on the nature of municipal contract, comes to a conclusion that the municipal contract should not be regarded as a type of administrative contract.
Keywords: municipal and state contract, types of contract, civil law contracts, universal legal form, correlation of public and private issues in the municipal contract.
Management law
Y.M. Alpatov - Legal nature and mechanism of inter-municipal cooperation of the cities of federal value – Moscow and St. Petersburg pp. 0-0
Abstract: the lack of unity in the understanding of the place and role of local self-government within the system of management of state and social matters, along with other negative social, economical and political issues, lead to the destruction of relations in the system of management in 1990s. Till the 2003 the issues of co-operation of municipal bodies were mostly unregulated. Taking into account the typical system of formation of local self-government in the Russian Federation, that is formation of self-government” from above”, such an approach is not acceptable. Currently the norms, regulating the issues of inter-municipal cooperation of cities of federal value are excepted from the federal and regional legislation, they are within the competence of these municipal structures.
Keywords: inter-municipal cooperation, local self-government bodies, the city of federal value, the inner city territory, budget funds, principles of local self-government, right of people to municipal self-government, the goals of municipal value, organization of
Kananykina, E.S. - Structure of education management bodies of the French Republic; the way to decentralization pp. 0-0
Abstract: during the two last centuries the France has been the classical example of a state with a centralized and administratively unified system of education. The formation of state education institutions, their financing, the study plans and programs, the way the schools lived, the assignment, transfer and removal of lecturers were regulated in detail by the laws, the decrees of Government, the circulars of the Central Department of Education, that is by the great number of officials, who controlled both public and private schools. The process of global reformation of the system of school education due to the needs of the multicultural society of France started in 1975 and was related to modification, which in turn was aimed to avoid the existing monumental bureaucratic structures in the sphere of education management.
Keywords: school education in France, the French education system, decentralization of the system of education in France, structure of management by the French education, the way of spread of powers within the system of education in France.
Law-enforcement legislation
Kireeva, E.Y. - Legal status of municipal service personnel in the Russian Federation pp. 0-0
Abstract: This article is devoted to doctrinal and legislative approaches to the term “municipal servant”. The article includes comparative analysis of the terms “state civil personnel” and “municipal personnel”, taking into the account the correlation between state civil service and municipal service.
Keywords: municipal service, municipal service personnel, state civil service personnel.
Makarov, A.A. - Organizational and economical measures of fighting corruption within the system of internal affairs bodies in the Russian Federation pp. 0-0
Abstract: the article includes classification of corruption relations of the legal persons and the personnel of the internal affairs bodies of the Russian Federation. The author describes a number of organizational, economical and management measures, aimed at the further prevention and fighting corruption by the members of the internal affairs bodies.
Keywords: corruption, internal affairs bodies, prevention, fighting, organization and economical measures, economical measures of fighting corruption.
Administrative law, municipal law and human rights
Neznamova, E.A. - Legal regulation of participation of people in the local self-government in the foreign states pp. 0-0
Abstract: This article is devoted to the legal and organizational problems of local self-government, the author reviews the possibilities for the use of democratic institutions within the framework of interests of higher efficiency of municipal management. The author studies positive tendencies of development of local self-government in the foreign states, including those related to formation and activities of the social organizations at the municipal level. The author shows the role of social organizations in the development of local self-government and support for interaction of the local self-government bodies with the people, the author establishes the principles and methods of practical inclusion of the people into the process of municipal self-government.
Keywords: local self-government, municipal bodies, people of the municipal formation, social organizations, types of social organizations, foreign experience of local self-government.
Karpukhin, D.V. - Eviction of tenants from the specialized housing: the problems of normative legal regulation and practice of its application pp. 0-0
Abstract: the article is devoted to the problem of eviction of persons from the housing and housing and construction co-operatives. The author analyzes the defects of housing legislation in detail, and he also reviews the issue of application of analogy of law to the relations on eviction of users of specialized property of this type. At the end of the article, the author discusses the future development of legislation on eviction of people from the housing in such co-operatives. In the author’s point of view, one of the ways to avoid the existing gaps in the law is the typical contract of housing co-operative, which could be accepted at the federal level, and include detailed legal obligations of members of such co-operatives, which would simplify the legal judicial practice on eviction cases.
Keywords: non-commercial legal person, housing co-operative, housing and construction co-operative, eviction, gap in the law, typical contract.
Trunov, I.L. - Administrative legal regulation of turnover of civil self-defense arms pp. 0-0
Abstract: the article is devoted to the analysis of the right of people to self-defense, which may be ensured by the use of civil self-defense arms. The article also includes analysis of Russian legislation on arms, compared to the European and international standards for the realization of people’s right to self-defense.
Keywords: right for necessary defense, the Russian Association of Owners of Civil Weapons, rifles, self-defense, the fund for compensation of harm caused by owners of arms.
Administrative law, municipal law and other branches of law
Tumanov, E.V. - On the issue on civil law and administrative law bases for the formation of the right of ownership to the immovable property pp. 0-0
Abstract: problems of right of ownership have always been most topical among various categories of the Russian civil law. The implementation of law is only possible, when there’s freedom and property. The freedom of a person may only exist, when there’s property. The forms of property reflect the economical matters, are reflected in their subjects and objects, relations between these subjects, including the separation of rights and powers among the subjects of ownership.
Keywords: right of ownership, bases for the right, immovable property, state form of property, private form of property, municipal property, private law, restrictions to right of ownership, privatization, right of ownership, right to use, right to dispose, state in
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