DOI: 10.7256/2454-0595.2013.10.9651

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DOI: 10.7256/2454-0595.2013.10.9655

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DOI: 10.7256/2454-0595.2013.10.9719

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DOI: 10.7256/2454-0595.2013.10.9717

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DOI: 10.7256/2454-0595.2013.10.9765

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DOI: 10.7256/2454-0595.2013.10.9674

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DOI: 10.7256/2454-0595.2013.10.9746

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DOI: 10.7256/2454-0595.2013.10.9673

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DOI: 10.7256/2454-0595.2013.10.63353

Abstract: It is noted in the article that theoretical developments allow to draw a conclusion that based on their functional purpose prohibitions may be used for prevention and suppression of offences in various spheres of administrative legal regulation, as well as for information capacities. Moreover, generalization of a number of points of view on legal prohibition within the mechanism of legal regulation of social relations in the sphere of administrative legal situations allows to point out that in various branches of law prohibition carry out different social functions. The common feature of all the legal prohibition is that they limit antisocial or unlawful behavior. Protective function of administrative legal prohibitions is due to the social need to protect interests of persons, society and state from undesirable acts. This function is implemented by legal liability for the prohibited acts. While recognizing a significant role of administrative legal prohibitions in the sphere of protecting law and order, one should take into account their realistic capabilities.

Keywords: means, methods, prohibition, permission, right, law, norms, influence, control, regulation.

DOI: 10.7256/2454-0595.2013.10.63350

Abstract: The article concerns legal and organization-related implementation problems regarding the mitigating circumstances for administrative liability. The author establishes the position of these circumstances within the mechanism of administrative penalty enforcement in the sphere of activities of federal executive bodies. The article includes correlation between the mitigating circumstances for administrative liability and release of administrative liability.

Keywords: jurisdiction, principle, mitigation, liability, humanism, procedure, process, punishment, the Administrative Offences Code of the Russian Federation, elements, offence.

DOI: 10.7256/2454-0595.2013.10.9112

Abstract:

DOI: 10.7256/2454-0595.2013.10.63351

Abstract: The cause for the study of the problem of defining the subject of administrative offences in the sphere of road traffic was paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 N.18 “On some issues arising before the courts when applying Special Part of the Administrative Offences Code of the Russian Federation” (with amendments of November 11, 2008), where it is stated that the administrative punishment in form of disqualification from driving vehicles under Art. 2.8 of the said Code may be assigned only to those person, having such a right, or those persons, who have lost this right before in accordance with the law. Analysis of the provisions of part 1 of the Article 3.8 of the Administrative Offences Code of the Russian Federation allows to draw a conclusion that deprivation of special right, such as a right to drive vehicles may be applied only to physical persons, who have previously gained such a right by being provided a driver’s permit by the competent state bodies.

Keywords: subject, person, owner, right, driving, user, offence, Plenum, court, Constitution.

DOI: 10.7256/2454-0595.2013.10.63352

Abstract: The article contains comparative legal analysis of proof on administrative offence cases in the sphere of customs in the Customs Union EurAsEC Member States: the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan. The author evaluates the specific features of legal regulation regarding proof in administrative cases in the sphere of customs in the national legislation of the Customs Union Member States, uncovering similarities and differences in them. As a result of the analysis the author casts light upon the shortcomings and problems in the Russian legislation on administrative offences. The object of study is topical within the framework of formation and functioning of the Customs Union of the EurAsEC.

Keywords: customs union, comparative law, evidence, proof in proceedings in administrative cases, the customs authorities, the offense punishment, control, regulation, border, customs.

DOI: 10.7256/2454-0595.2013.10.63347

Abstract: This article concerns the issues of lawfulness guarantees in law-making activities of state government bodies of the constituent subjects of the Russian Federation. Noting a close connection between the prosecution bodies and the state government bodies of the constituent subjects of the Russian Federation, the author points out a number of key aspects of interaction of these bodies, including partial provisions for the status of regional prosecutor bodies in the legislation of the constituent subjects of the Russian Federation; coordination procedure with the state government bodies of the Russian Federation for the candidates for the positions of Prosecutors of the constituent subjects of the Russian Federation; provision of a legislative initiative to the prosecutors in a number of constituent subjects of the Russian Federation. The author also discusses specific features of implementation of legislative initiative in the regional parliaments by the prosecution, he shows role and value of these bodies within the mechanism of guarantees of constitutional lawfulness.

Keywords: bodies, prosecution, legislative (representative) bodies, lawfulness, supervision, legislative initiative, competence, inspection, protest, notice, petition.

DOI: 10.7256/2454-0595.2013.10.63348

Abstract: The article is devoted to municipal administration as an executive and administrative body, its constitutional legal status, options for taking the position of the head of administration, his competence and key spheres of activity. It is also noted how important it is to form a unified system of municipal self-government, since, as this study has shown, the legal basis for the functioning of the executive municipal bodies is in need of improvement.

Keywords: local, self-government, administration, executive-administrative body, constitutional legal status, head of administration, taking the position, competence, responsibility, powers, city, district, mayor, official, deputy.

DOI: 10.7256/2454-0595.2013.10.63349

Abstract: The article concerns legal and organizational problems regarding implementation of the right of citizens to join state service, and prosecution in particular. It is noted in the article that the legislative provisions on requirements to the persons assigned as prosecutors, assignment procedure, competence of prosecutors, widening the scope of collegiality in the prosecution activities considerably strengthen the legislative basis for the cadre work. However, not all of the issues in the sphere of legal regulation of choice and positioning of prosecution cadres were duly resolved.

Keywords: service, prosecutor, prosecution, lawfulness, reception, law, citizen, education, lawyer, Bachelor’s degree, Master’s degree.

DOI: 10.7256/2454-0595.2013.10.63346

Abstract: The article includes analysis of the modern approaches towards establishing administrative and legal status of the citizens of the Russian Federation in the sphere national security guarantees, the authors offer its definition, show its structure and specific features, analyze the correlation between the terms” legal status” and “legal position”, single out specific features of administrative legal status of citizens of the Russian Federation, show the difficulties in the sphere of its formation, establish types of administrative legal statuses of citizens.

Keywords: person, individual, citizen of the Russian Federation, administrative law, administrative legal competence, rights, freedoms, lawful interests, responsibility, administrative legal position, national security, federal executive bodies.

DOI: 10.7256/2454-0595.2013.10.9743

Abstract:

DOI: 10.7256/2454-0595.2013.10.63355

Abstract: Actualization of the legislative principles is one of the conditions for the efficient state regulation. The goal of this article is to analyze the current principle of enforcement proceedings and to formulate propositions for their improvement. In the course of his studies the author draws a conclusion on the absence of need and expediency for providing in the Federal Law “On Enforcement Proceedings” for the general legal principles of lawfulness, respect for dignity of a person and obligation of timely enforcement acts and measures. The author also provides for the novel principles of enforcement proceedings (compared to the current Federal Law), such as: information transparency on identification and property of a debtor; supremacy of law, support of voluntary performance; permissive nature of enforcement proceedings for the creditor. The principle of information transparency is directly connected to the formation of public registers of enforcement and debtor property. The author is convinced that such a public register may become an economically efficient instrument allowing for greater trust in economic relations, lowering the risks evaluation in conclusion of contracts between the parties, curtailing the number of enforcement proceedings, and lowering the costs of judicial proceedings.

Keywords: enforcement proceedings, legislative principles, court enforcement officer, level of trust, proprietary immunity, public register, information transparency, supremacy of law, liability, court.

DOI: 10.7256/2454-0595.2013.10.63354

Abstract: The article concerns the fundamentals of distinction between the competences and objects of competences of the federal government bodies, government bodies of the constituent subjects of the Russian Federation and the municipal bodies in the sphere of education. The author provides consistent analysis of the implementation of constitutional provisions under the Art. 71 and 72 of the Constitution of the Russian Federation in accordance to which regulation and protection of the constitutional right to education is within the exclusive competence of the Russian Federation, while the general education issues are within the joint competence of the Russian Federation and its constituent subjects. The article provides general characteristics of competence of state government bodies and municipal bodies within the system of guarantees of the right of citizens to have free of charge education, since the right to education is merely declarative if no efficient system of its guarantees exists in Russia. Based upon the analysis, the author establishes that additional guarantees of education (including free of charge education) are provided at the levels of constituent subjects of the Russian Federation and the municipal bodies.

Keywords: education, objects of competence, competence, local issues, joint competence, guarantees, constitutional law, education system, public authority, government bodies.