DOI: 10.7256/2454-0595.2013.11.9867

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DOI: 10.7256/2454-0595.2013.11.9791

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DOI: 10.7256/2454-0595.2013.11.9670

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DOI: 10.7256/2454-0595.2013.11.63394

Abstract: In this article for the first time in the Russian legal science the author provides a comparative legal study of phenomenon of anti-corruption advertisement as universal means of anti-corruption propaganda aimed to form anti-corruption world-view and behavior. Taking into account the means of legal regulation of anti-corruption advertisement at the regional level, the author provides structural analysis of this matter. He singles out the following substantial elements of anti-corruption advertisement: a) contents — distribution of anti-corruption advertisement; b) consumers of anti-corruption advertisement — individuals capable of perceiving ant-corruption information; c) main goal of anti-corruption advertisement is to attract attention of the population to the problems of fighting corruption and formation of anti-corruption world view and anti-corruption behavior. Based upon the analysis of the key elements of anti-corruption advertisement the author offers his own definition of this instrument of anti-corruption policy as a legal category.

Keywords: corruption, advertisement, social advertisement, fighting corruption, anti-corruption prophylactics, anti-corruption propaganda, anti-corruption advertisement, anti-corruption campaign, anti-corruption information.

DOI: 10.7256/2454-0595.2013.11.9912

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DOI: 10.7256/2454-0595.2013.11.63396

Abstract: The article is devoted to the issues of establishing the definition of budget expenditures based on their substantive elements. The author notes that the Budget Code of the Russian Federation does not use the definition of budget expenditures; instead it uses “expenditures of budgets”. Semantically speaking, the contents of these terms differ, since budgetary expenditures include all payable budget obligations accepted for performance according to the procedure established by law. Expenditures of budgets point out only the element of certain monetary funds being recognized as belonging to budgetary funds. The main elements of budgetary expenditures are the following: they form a public category, they generally are not returned, they do not form and do not discharge financial claims; they are provided by the state continuously; they are a budgetary law category, reflecting economic relations related to distribution and use of centralized monetary funds regulated by legal norms. The article also includes analysis of the key doctrinal definitions of budgetary expenditures, and the author offers his own definition of this category.

Keywords: budget, state expenditures, municipal expenditures, budget expenditures, expenditures of budget, the Budget Code of the Russian Federation, budget holder, monetary funds, budget obligations, budgeting.

DOI: 10.7256/2454-0595.2013.11.9829

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DOI: 10.7256/2454-0595.2013.11.9637

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DOI: 10.7256/2454-0595.2013.11.63390

Abstract: In last two decades the Russian Federation faced the problem of fighting terrorist threat in its various dimensions. The Federal Service for Veterinary and Phytosanitary Supervision supervises physical protection of the sources of especially dangerous organisms. However, there are problems with practical implementation in this sphere. Territorial Divisions of the Federal Service for Veterinary and Phytosanitary Supervision have to solve this problem independently and develop the method for supervision over the said objects. Control and supervision once every three years over dangerous objects, which may be attacked by terrorists, is obviously not sufficient. It is also not clear what should be understood as especially dangerous organisms. Use of sanitary regulations in such cases is not altogether correct. The veterinary legislation has no definition of physical protection and no criteria for its application to the objects of veterinarian supervision. There is need for clear procedural regulation of this type of supervision.

Keywords: fighting terrorism, biological security, veterinary, supervision, periodical, dangerous organisms, sanitary rules, physical protection, administrative regulation, standard.

DOI: 10.7256/2454-0595.2013.11.63397

Abstract: The article concerns state property as state administration object under the Ukrainian legislation. The goal of the article is to study state property as an object for state administration and to develop a scientific definition of such administration. The author studies the terms, characterizing the administration in question, as well as a definition of state administration in the Ukrainian legislation and scholarly literature. In particular, the author raises the issue of what an object of state administration is, whether it is state ownership or state property. As a result of the study, the author formulates a definition for state property administration as a norm-making and organizational/ management activities of the state executive bodies and other competent subjects taken in order to have government administrative influence upon the social relations regarding ownership, use and disposal of property belonging to the state (state property objects). The author provides the reasons for use of this definition in science. In the opinion of the author the object of state administration is state property, which is regarded as social relations on state ownership of certain proprietary objects.

Keywords: state ownership, state property, administration of state property, organizational/management activities; administration acts; goals of state administration; competence

DOI: 10.7256/2454-0595.2013.11.8860

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DOI: 10.7256/2454-0595.2013.11.63395

Abstract: This article concerns competence and status of tax bodies in cases of administering responsibility for tax crimes to taxpayers and tax agents. Much attention is paid to the competence of tax bodies when transferring to the investigative bodies the tax audit results in order to establish whether a criminal case should be opened. It is noted that a tax body is a subject, which defines the further course of actions for the criminal prosecution. The author analyzes the issue of whether it is acceptable for a tax body to transfer tax audit materials to the investigative bodies, if the court has suspended the enforcement of tax body decision as well as the tax payment notice for payment of the arrears. The author makes a conclusion that injunction measures in the form of suspension of enforcement of a certain non-normative legal acts excludes the possibility for a tax body to take any actions aimed to collect taxes, fines and penalties, and it stands for a prohibition of any actions based on the disputed act .

Keywords: tax body, tax crimes, tax agent, taxpayer, tax audit, law-enforcement bodies, tax, arrears, criminal law, injunctions.

DOI: 10.7256/2454-0595.2013.11.63392

Abstract: The article is devoted to the changes in the status of the Bank of Russia in the conditions of administrative reform and specific features of the legal position of the Central Bank of the Russian Federation as a government body and as a banking institution. Having analyzed the issue of place of central banks within the system of state bodies, possessing public competence, the author notes that different states use different solutions, while generally any central bank within any system combines characteristic features of a bank and a state body to a certain degree. The author single out a number of tendencies in administrative legal regulation, such as widening the scope of control and supervision powers, complication of an internal structure, mega-regulation tendencies in the activities of the Bank of Russia. In particular, it is noted that in order to guarantee the performance of regulating, controlling and supervision functions by the Bank of Russia, the Financial Markets Service of the Bank of Russia was formed. In accordance with the Federal Law the Financial Markets Service of the Bank of Russia shall implement regulation, control and supervision in the sphere of financial markets over non-credit financial organizations and (or) the spheres of their activities. The conclusion is made that the transfer of the powers from the Federal Financial Markets Service to the Central Bank of Russia strengthened the position of the Central Bank of Russia as a state body.

Keywords: status, the Bank of Russia, administrative reform, state government body, territorial structure, competence, control, supervision, financial market, mega-regulator.

DOI: 10.7256/2454-0595.2013.11.63393

Abstract: The article includes a study of the key fundamentals of the globally accepted concept of good governance in part of its inclusion into development and implementation of normative legal acts by federal executive bodies. The basis for the study was a Good Governance concept, previously provided within the UN framework by the ESCAP, under which there are 8 key characteristic features of Good Governance. It is established that most of the principles for Good Governance are implemented in normatively established procedures for the development, publication and registration of normative legal acts of the federal executive bodies. At the same time some principles should be taken into account when arranging improvements of the procedure of drafting and adoption of the normative legal acts (drafts) by the federal executive bodies).

Keywords: administration, due governance, state government, Good Governance, administrative act, preparation of administrative acts, administrative norm-making, preparation of normative acts, expertise of normative acts, administrative law.

DOI: 10.7256/2454-0595.2013.11.63391

Abstract: Russian administrative legislation provides for the possibility of recording an administrative offence by two types of technical means (note to Art. 1.5 of the Administrative Offences Code of the Russian Federation): special technical means having functions of photo-, video- and filming in automatic regime; and simply by photo-, video- and filming means. Currently, the second type of technical means is not regarded as means of administrative offence recording based on which under Art. 2.6.1 of the Administrative Offences Code of the Russian Federation the owner is held responsible. In our opinion it is possible to hold a vehicle owner responsible for committing an offence, which is recorded by technical means of photo -, video- or filming which is not in automatic regime under Art. 28.6 of the Administrative Offences Code of the Russian Federation (without administrative offence protocol). Art. 28.6 of the Administrative Offences Code of the Russian Federation also presupposes that in cases of recording offences with technical means of photo-, video- and filming, which are not specialized technical means (measuring means), and which do not work in automatic regime, a decision on an administrative offence case should be issued.

Keywords: means, video recording, verification, presumption of innocence, owner, administrative regime, administrative regulation, protocol, decision, automatic regime, and means of recording.

DOI: 10.7256/2454-0595.2013.11.63398

Abstract: The article concerns legal, organizational and political bases for private military campaigns, the author discusses their specific features, he studies foreign experience in the sphere of this topical issue, and based upon these studies he draws a conclusion on the need to improve legislation in the sphere of legal regulation and fighting private military campaigns.

Keywords: terror, terrorist, campaign, private, military, instrument, citizen, mercenary, service, fighting.

DOI: 10.7256/2454-0595.2013.11.9712

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DOI: 10.7256/2454-0595.2013.11.9835

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