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> Journal "Administrative and municipal law"
> Contents of Issue ¹ 11/2011
Contents of Issue ¹ 11/2011
Executive authorities and the civil society |
Abstract:
Public and municipal service and the citizen |
Abstract:
Chernogorova, D. A. - Origins of Legislation and Legal Doctrine about Officials
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pp. 88-91
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Abstract: Based on the analysis of a wide range of legal acts and doctrinal sources, the author of the article describes
evolution of the term ‘official’ in Russian legal system.
Keywords:
civil service, civil officer, official, administrative and legal status, responsibility, obligation.
Administrative and municipal law: business, economy, finance |
Abstract:
Scherbakova, L. V. - On the Discussion of Mandatory Conception of Tax Relations in the Modern National Doctrine
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pp. 43-53
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Abstract: The article is devoted to the problem of adequacy of using a private law construct of obligations in public law. In
particular, the author analyzes the mandatory conception of tax relations.
Keywords:
public law, responsibility, responsibility to pay taxes, mandatory conception, relative legal relation, general legal relation, property nature, urgency, optimality.
Administrative law and local self-government |
Abstract:
Abstract:
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Liability in administrative and municipal law |
Moskvina, Yu. V. - On Material Injury Caused by the Road Accident as Circumstances Aggravating Administrative
Responsibility
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pp. 54-58
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Abstract: The article describes the problem of efficiency of administrative law sanctions in the sphere of road traffic safety.
The Administrative Code of the Russian Federation does not stipulate that the official who examines the cause of administrative
violation of Traffic Rules which led to material injury, can take into account these negative consequences when
assigning the administrative punishment. In order to realize the principles of justice, proportionality and individualization
of responsibilities, sanctions provided by Chapter 12 of the Administrative Office Code of the Russian Federation must be
respectively clear and definite which would allow an official to assign punishment. Material injury should be also viewed
as a circumstance aggravating administrative responsibility.
Keywords:
security, road accident, material injury, circumstances, aggravating, responsibility, sanction, driving regulations, punishment.
Bulakov, O. N., Prudnikov, A. S. - Sovereignty of Representative Authority
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pp. 4-9
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Abstract: The author makes a comparative study of the problem of people’s sovereignty of a representative authority. The
analysis of sources and materials studied by the author allows to make a number of interesting, unusual conclusions about
representative, legislative and control functions of parliaments.
Keywords:
parliament, representative authority, people’s sovereignty, parliamentarian sovereignty, legislation body, separation of powers, democracy.
Hierodeacon Eulogius (Kharitonov). - Church Autonomy and Self-Administration. History and Modernity
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pp. 10-13
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Abstract: In accordance with the canonic statements and religious tradition, church has always had certain administrative
divisions inside it. Even though the Universal Church has been historically divided into units, it does not break its
wholeness and integrity. Following the Apostolic Canons, Autonomous and Self-Administrating Churches as part of the
Local Church administration is established according to the administrative-territorial principle which was introduced in
the first centuries of Christianity.
Keywords:
administration, autocephaly, self-administration, metropolis, canon law, jurisdiction, Universal Church, Local Church, Charter.
Kalinin, G. I. - The Problems of Delineation of Powers in the Sphere of State Veterinary Supervision Between Local
Agencies of the Federal Veterinary and Phytosanitary Monitoring Service and State Veterinary Services of the Russian
Federation Constituents
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pp. 14-20
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Abstract: Delineation of powers between federal and local bodies of state veterinary control is a long-standing issue. A
more simple way was chosen in the case we studied but eventually it was not successful. However, agreement on coordination
of activities was not supported by changes in existing legislation and did not take into account the settled practice and
efficiency of the activities held. Taking into account expected changes in existing legislation, it is necessary to understand
how serious the question is. It is also necessary to remember that the veterinary supervision is closely connected with the
provision of epidemic and veterinary-sanitary safety of population and state. According to the author of the article, the
system of the federal state veterinary supervision must be shortened and reduced.
Keywords:
control, supervision, legislation, veterinary, power, authorities, agreement, inspection, interaction, efficiency.
Segreev, D. B. - Primary Legitimization of Local Community Outside and Within a Municipal Unit: Genetic and
Creation Aspects
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pp. 21-28
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Abstract: The article introduces the terms as ‘genetic aspect of the primary legitimization of the local community’ and
‘creation aspect of the primary legitimization of the local community’ in law. Genetic aspect means introduction of a
municipal unit institution as a representative of a local community and creation aspect denotes the process of creation of
a particular municipal unit by a state institution. Genetic aspects of the primary legitimization of local community first
started in Russia in 1990-1991 when the institution of the local self-government was legally enforced. De facto, these
aspects were over when the Federal law ‘On general principles of local self-government in the Russian Federation’ No.
154-FZ dated August 28, 1995. But formally, the genetic aspects of primary legitimization of local community continued
to exist even though there were no such terms as ‘local community’ in the Constitution of the RF and Russian federal
laws. Instead, legitimization of the local community was legally enforced in creation aspects after the Federal Law No.
154 came into force and the legislation introduced the term ‘municipal unit’ and instructed to create corresponding legal
entities.
Keywords:
local self-government, municipal unit, municipal community, primary legitimization of local community, genetic aspects of the primary legitimization of the local community, creation aspects of the primary legitimization of the local community, municipal law terms, municipal law, state institution.
Law-enforcement legislation |
Demina, M. F. - On the Question of Private Detective and Safeguarding Activities in Administrative Law
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pp. 29-32
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Abstract: The article studies the legal and organizational problems of development of private detective and safeguarding
activities as well as theoretical grounds for development of non-state law enforcement system. The author of the article
also analyzes different points of views of experts regarding the institution of private detective and safeguarding activities.
Based on that, the author makes his own definition of the private detective and safeguarding activity.
Keywords:
detective, investigation, detection, safeguard, protection, official, interest, security, body, police, economics, entrepreneurship.
Ovchinnikov, N. A. - Concerning the Contents of Administrative Law Mechanism of Law Enforcement in the System
of the Ministry of Internal Affairs of Russia
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pp. 33-38
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Abstract: The article studies the legal and organization grounds for the law enforcement mechanism used by the Ministry
of Internal Affairs of Russia. The author of the article describes the contents of law enforcement mechanism, and based
on the research, makes certain suggestions on how to improve the legal regime in the system of the Ministry of Internal
Affairs of Russia.
Keywords:
legality, legal order, system, control, method, police, police officer, safeguard, protection, phenomenon, norm, mechanism, legal relations.
Issues in settling of administrative and municipal disputes |
Abstract:
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Administrative process and procedure |
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Debatable issues in administrative and municipal law |
Abstract:
Doynikov, I. V. - On Teaching Legal Disciplines (Administrative and Entrepreneurial Law) in This Day and Age
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pp. 76-87
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Abstract: The article analyzes critical phenomena in Russian legal studies. The author of the article analyzes and defines
the place of entrepreneurial law in the system of legal studies. The article also describes the author’s civil position regarding
a number of social issues which are present in a Russian society.
Keywords:
subject, method, administration, entrepreneurship, law, breakdown, liberal, reform, failure, legal studies, passport.
Administrative law, municipal law and institutes of democracy |
Abstract:
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION |
Ryzhov, R. S. - Legal Grounds for Access to Information Regarding Activities of State Authorities and Local Self-
Government Authorities
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pp. 63-69
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Abstract: This article is devoted to the analysis of the Federal la ‘On provision of access to information about activities of
state authorities and local self-government authorities’.
Keywords:
law, information, access to information, disclosure and availability of information, freedom of choice, reception, transfer and distribution of information.
Churyaev, A. V. - On the Question about the System of Administrative Law Methods of State Administration
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pp. 70-75
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Abstract: The article is devoted to description of theoretical grounds for using administrative methods in state administration.
Based on the study of a wide range of sources, the author analyzes essential features of such methods, classifies them
depending on different criteria and suggests means of further scientific research in this sphere.
Keywords:
administrative law, sate administration, administrative law methods, methods of administrative regulation, persuasion, enforcement, stimulating, means of state administration.
Administrative law, municipal law and the issues of culture |
Abstract:
Administrative law, municipal law and environment issues |
Abstract:
Vinokurov, Yu. E., Pleshakov, A. M. - On the Question of Methodological Support of Prosecutor’s Supervision over
Enforcement of Environmental Legislation
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pp. 59-62
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Abstract: The authors of this article view the methodological support of prosecutor’s supervision over enforcement of environmental
legislation. They prove the need in formation of a two-level system of study books which would raise efficiency
of supervisory prosecutor’s activity. The authors of the article provide an example of such a study book.
Keywords:
prosecutor’s office, supervision, enforcement of environmental legislation, methods of prosecutor’s supervision, system, implementation, efficiency, structure of study books, law.
Administrative law, municipal law and the judicial branch |
Minasyan, N. G. - Peculiarities of Formation of Constitutional Courts in the Member States of the Commonwealth
of Independent States
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pp. 39-42
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Abstract: The author of this article has analyzed the order of formation of constitution justice bodies in the member states
of the CIS. In the process of his study, the author also revealed the order of appointment of constitutional judges by different
branches of the government.
Keywords:
constitutional courts, organization, formation, judicial authority, judicial bodies, types of formation, election, appointment, CIS countries.
Abstract:
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