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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 11/2012
Contents of Issue ¹ 11/2012
Issues of administrative and municipal legal relationship
Shevkoplyas N.A. -
Abstract:
Adarchenko E.O. -
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Administrative and municipal law: business, economy, finance
Vozhova, E. M. - ‘Many Faces’ of the Ministry of Finances of the Russian Federation pp. 78-86
Abstract: The present article carries out an analysis of the Ministry of Finances of the Russian Federatiom according to the four directions (fields) describing the Ministry as a state management authority, state authority, executive authority and legal entity of public law. Special attention is paid at occurrence and development of a new phenomenon in law — legal entity of public law. The author also gives definition of the state authority based on the analysis of peculiarities of legal entities of public law. The author of the article also defines the Ministry of Finances of the Russian Federation as a state authority in terms of the concept of a legal entity of public law.
Keywords: financial, authority, power, executive, state, legal, person, public, law.
Administrative law, municipal law and security
Boskhamdzhieva N.A. -
Abstract:
Boskhamdjieva, N. A. - The Concept of Threat to Public Safety pp. 40-43
Abstract: The author of the article analyzes opinions expressed both in law and legal literature concerning the threat to public safety. The author also provides her own definitions of the threats to public safety. The author of the article also stresses out that at the present time there is a cetain need not only in developing methodological grounds for studying threats to public safety but also specifying the causes of such threats and conceptual approaches to formation of evaluation of threats to public safety. Moreover, as many authors say, the public safety is aimed not only at defending interests but also in decreasing, preventing or eliminating threats and dangers.
Keywords: safety, security, threat, danger, society, conditions, factors, causes, risk, catastrophe, police, factor.
Administrative and municipal law: forms and methods of implementation (practice)
Tretiakova, S. B. - Public Interest as the Basis for Creation of Self-Regulating Organizations in Russian Law pp. 71-77
Abstract: The article is devoted to certain aspects of formation of a legal status of self-regulating organizations. This is a topical issue because it is still not so much researched and, as a consequence, there is no single approach to creating self-regulating organizations. In the course of her research the author discovered the dependence between a legal status of self-regulating organizations and interests being realized by them. The author of the article gives definition of the term ‘interest’ as well as its particular forms — private and public interests. The author also describes the main public interests lying at the root of creation of self-regulating organizations. It is also concluded that public interest is the basic interest in formation of such legal entities. Moreover, their social nature is determined by the public interest but at the same time it is in balance with private interests which, in its turn, creates its public law and private law statuses.
Keywords: self-regulating organization, legal personality, public interest, private interest, mechanism of regulation, principle of legality, principle of observance of rights and freedoms, social interaction, principle of free enterprise.
Liability in administrative and municipal law
Vinokurov A.Y. -
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Yapryntsev E.V. -
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Badulin, A. D. - Principels of Administrative Responsibility for Violations in the Sphere of Production and Turnover of Ethanol, Alcoholic and Alcohol-Containing Products pp. 54-62
Abstract: The article studies the principles of administrative law methods of ensuring a legal order in the sphere of turnover of alcoholic products. The author of the article notes that Russia is now having a critical situation in respect to consumption of alcoholic products. Alcoholic addiction is becoming a natinal tragedy and government’s measures bring no success. Therefore, it would be very topical to study the principles of enforcing administrative responsibility for violations in the sphere of production and turnover of ethanol, alcoholic and alcohol-containing products.
Keywords: principle, production, alcohol, ethanol, responsibility, turnover, abuse, addict, death, alcohol addiction, consumption, supervision, toxication, product, responsibility, regulation.
Sidorov, E. I. - Legal Characterstics and Features of Administrative Responsibility for Violation of Custom Regulations pp. 62-66
Abstract: The article is devoted to topical issues of legal characteristics and features of administrative responsibility for violating custom rules under conditions of creation and functioning of the Customs Union. The author studies the legal grounds, term, purpose, peculiarities anad the role of custom authorities in administrative and judicial processes as well as the procedural implementation. Despite liberalization of administrative and tax legislation, the level of administrative offenses is still rather high nowadays.
Keywords: Customs Union, Federal Law ‘On Custom Regulation in the Russian Federation’, Administrative Code of the Russian Federation, Federal Custom Service of Russia, administrative responsibility for violation of custom rules, officials of custom authorities, legality, special subjects of administrative responsibility, illegality, guilt, punishment.
Management law
Narutto S.V. -
Abstract:
Schedrina, Yu. V. - Personnel-Related Powers of Governors in the Sphere of Judicial Administration in Russia During 1860 — Mid 1880 (On the Question of Independence of Judiciary) pp. 44-53
Abstract: The author of the article analyzes evolution of legal enforcement of personnel-related powers of a governor with regard to creation of a judicial environment during the first dozens of years of the post-reformation period. The author views the history of interaction and opposition of the local administrative and judicial authorities and shows the role of a governor in the process of selecting justices of peace. It is concluded that certain acts adopted durign the 60th — 80th years of XIX century only regulated and arranged difficult relations between the local administration and judges, the latter having almost unlimited power.
Keywords: judicial reform, governor, justice of peace, judge, jury, independence of judiciary, the Senate, State Council, Ministry of Justice, district councils.
Administrative law, municipal law and human rights
Sergeev D.B. -
Abstract:
Ayvar, L. K. - On the Question about Legal Equality of Women in the Russian Federation pp. 10-13
Abstract: The article is devoted to the problem of realization of a legal status of women in various spheres of management and social activity. Based on this research, the author concludes that a woman has to suffer and humiliate herself because of her economic dependence, absence of a place to live, nursery centers or decent salary and etc. Women are the first ones to be fired at work and a woman makes less money than a man. A woman also has to endure abuse and harassment and etc. at work.
Keywords: woman, rights, responsibilities, liabilities, status, control, state institution, equality, violence, family, children, maternity.
Reviews and bibliography
Kurakin, A. V. - Review of Anna Sergeevna Vishnyakova’s Work ‘Public Regulation of Relations on the Wholesale Market of Electric Energy and Power. — Moscow, 2012. — 157 pages pp. 87-88
Abstract: Obviously, the problems of state reglation of the wholesale market of electrical energy and power is topical. Electrical energy is the source of energy for the most modern achievements in science and engineering. In its turn, the level of development of science and engineering which shows the degree of social and economic development of a particular state, mostly depends on efficiency of public regulation of relations in the sphere of electrical energy turnover.
Keywords: power, energy, regulation, state institution, electricity, market, control, efficiency, science, engineering.
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Kurakin A.V. -
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Kurakin A.V. -
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Administrative law, municipal law and environment issues
Kireeva E.Y. -
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Tulin, R. A. - Some Aspects of Improvement of Administrative Law in the Sphere of Environment Protection pp. 67-70
Abstract: The author of the article touches upon very topical issues of administrative law protection of environment. It is concluded that as an object of administrative law protection, environment is not a homogeneous formation but a complex category consisting of interrelated system elements. The author also describes the three management mechanisms in the system of state control over environment.
Keywords: environment, protection, environment-related activity, assessment of impact on environment, environmental monitoring, administrative law, management, control, mechanism.
Public service, municipal service and issues in the fight against corruption
Kabanov P.A. -
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Vatel' A.Y. -
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Kostennikov, M.V., Kurakin, A. V., Kuleshov, G. N., Nesmelov, P. V. - Administrative Law Regulation of Information Support of Civil Service Within the Framework of Anti-Corruption Measures (Part 2) pp. 14-33
Abstract: Due to the development of information development processes in the sphere of public management civil officers get involved into the system of information legal relations. Therefore it is almost impossible to image their control, supervisory, permissible and jurisdictional activities without necessary information. Taking this fact into account, it seems necessary to develop a new model of administrative law regulation of information legal relations in the system of civil service which would take into account the new issues of global information development of the modern society.
Keywords: service, officer, security, information, information system development, management corruption, support, control, procedures.
Kabanov, P. A. - Presidium of the Russian Federation President’s Council and Established Working Teams and Committee as the Federal Specialized Anti-Corruption Authorities: Legal Regulation and Raise of their Efficiency pp. 34-39
Abstract: The author of the article describes legal regulation of anti-corruption activities performed by the Presidium of the Russian Federation President’s Council and support facilities (teams and committees) from the point of view of criminology. The author also describes and analyzes specific features of their activity and proposes his own ways to improve it. One of such ways to raise efficiency of the Presidium of the Russian Federation President’s Council in the sphere of corruption is to bring this provision into compliance with the current federal laws about state service and corruption. In order to raise efficiency of activities performed by support facilities (teams and committees) it is necessary to establish certain legal provisions that would fix the purposes and tasks of their activity as well as unified requirements for the personnel and etc.
Keywords: corruption, fight against corruption, committee, presidium, council, conflict of interests, state service, state officer, working team.
Issue of the day
Trunov, I. L. - Topical Issues of Fight Against Terrorism. 10 Years Since Nord-Ost pp. 5-9
Abstract: The European Human Right Court has made the landmark decision with regard to the Nord-Ost case. The Court obliged Russia to conduct investigation on the matter of crime committed by officials. The legal environment has changed over the past 10 years. Fight against terrorism turned into counteraction. However, the level of terrorism has not decreased in Russia. This particular article discusses what the problem is and what should be done about it.
Keywords: terrorism, counter actions, fight, victim, attack, compensation, indemnification, responsibility, terrorist, court, law, moral damage, death, loss.
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