DOI: 10.7256/2454-0595.2013.12.10316

Abstract:

DOI: 10.7256/2454-0595.2013.12.63632

Abstract: The article is devoted to the problems of formation of criminal oligarchy model of raw materials economy. The economic losses of Russia due to the shock therapy of 1990s are comparable to the losses of the Civil War and the Hitler’s invasion. T hese losses are formed by devastation of enterprises due to criminal privatization, outflow of capital, and loss of opportunity for reproduction of capital stock due to termination of longterm credit. These losses keep growing under the influence of mechanism of non-equivalent economic exchange, which is supported by the policy of accumulation of currency reserve abroad with an insignificant interest rate, while acquiring much more expensive foreign credits. These losses are also complemented by the loss of national control over the large-scale enterprises, which are taken to off-shore zones, making the independent development of Russian economy impossible and threatening the sovereignty of the state.

Keywords: assembly, law, state, problem, choice, crisis, management, downswing, topical, perspective.

DOI: 10.7256/2454-0595.2013.12.10198

Abstract:

DOI: 10.7256/2454-0595.2013.12.63631

Abstract: The article concerns specific features of interactions between the police and non-governmental organizations, problems, perspectives and key directions of this interaction within the framework of implementation of the principle of respect for basic human rights and freedoms in the Russian Federation. The author provides a number of conclusions regarding the further consecutive development of such interaction. In spite of the large number of works on these issues, the problems in general are not sufficiently studied, which may be due to the ongoing reforms in Russia in general and its police system in particular, as well as lack of stability in the current legislation on these issues. These and other factors make this study topical and practically valuable , they require further studies of interactions between the police and the non-governmental organizations and other institutions of the civil society in order to make it more efficient, showing the need for scientific practical propositions. T he methodological basis for the study includes general scientific means and methods, as well as the specific scientific legal methods. Special attention was paid to the following scientific cognition methods: dialectic, historic, comparative legal method, specific social, statistical, logical, systemic and structural analysis. The study was also based upon generalization and systemic analysis of the works of Russian scientists and normative legal acts.

Keywords: police, non-governmental organizations, civil society, interaction, problems, perspectives, rights, freedoms, individual, citizen.

DOI: 10.7256/2454-0595.2013.12.10174

Abstract:

DOI: 10.7256/2454-0595.2013.12.63630

Abstract: The article concerns legal and organizational problems regarding implementation of an administrative punishment in the form of disqualification of state servants. The author pays attention to a number of topical issues regarding application of disciplinary punishments, providing theoretical and practical examples, regarding guarantees of lawfulness and discipline within the system of state civil service, then formulating the propositions for the amendments into the current legislation. The issue of improving the quality of state administration in Russia is quite topical, and it is hardly imaginable that it can be done without the improvement of the mechanism of legal responsibility of state servants, including those in civil service. Analysis of the changes in the legislation of the late years, and first of all, the Federal Law of July 27, 2004 N. 79-FZ “On Civil State Service in the Russian Federation” and the Administrative Offences Code of the Russian Federation of 2001 allows to refer to two main vectors of development: administrative and disciplinary, with obvious preference for the first one over the latter one. However, it is doubtful that such a n attitude is viable. The p osition of the author is that t he mechanism of legal responsibility of state servants should be developed by improving its disciplinary element, including widening the scope of disciplinary punishments and detailed regulation of disciplinary procedure.

Keywords: service, servant, official, system, punishment, disqualification, procedure, control, implementation, problem.

DOI: 10.7256/2454-0595.2013.12.63635

Abstract: The article is devoted to classification of types of anti-corruption expertise of normative legal acts and drafts of the Federal Customs Service of the Russian Federation. The topicality of this issue is due to the fact that it was not adequately studied within the theory of administrative law. The author analyzes the views of various legal scholars on the issues of classification of anti-corruption expertise of normative legal acts and drafts of such acts. Based upon the study the author offers her own criteria for the classification of anti-corruption expertise of normative legal act and draft normative legal acts of the FCS of the Russian Federation. At the current stage of development of the Russian society it is recognized at the state level that Russia faces large-scale corruption, which causes grave harm to social and economic well-being of the state and security of the state. Currently, an efficient measure against corruption is anti-corruption expertise of normative legal acts and drafts of normative legal acts. Establishing specific features of interaction among the elements of anti-corruption expertise of normative legal acts and draft normative legal acts is an important issue in its studies.

Keywords: customs, document, draft, expertise, corruption, factor, discretion, expert, opinion, responsibility, principle.

DOI: 10.7256/2454-0595.2013.12.9853

Abstract:

DOI: 10.7256/2454-0595.2013.12.63629

Abstract: The modern Russian economy is a large-scale national economy based on market principles, where the state holds the leading role. While implementing its social and economic policy, the state provides its executive bodies with the competence in relevant spheres. In accordance with the requirements of the Constitution of the Russian Federation, the state is obligated to form social and economic means for the improvement of living standard and well-being of every citizen, and to accumulate material resources in order to implement its main goals and functions. An important role in this process of implementation of state goals and function is played by the customs bodies. The article contains analysis of administrative legal forms, means and methods, which are applied by the customs bodies of Russia in the sphere of their economic activities, as well as methods and means applied by the customs bodies of Russia in the sphere of economic activities. The author also provides her own definition of “administrative legal regulation”, refers to the goals of state regulation of an economy, forms of economic activities of the customs bodies, as well as theoretical and legal analysis of forms, means and methods of administrative legal regulation of economic activities of the customs bodies, and the article also contains relevant conclusions.

Keywords: state, customs bodies, economy, administration, regulation, scheduling, forms, methods, supervision, control.

DOI: 10.7256/2454-0595.2013.12.9241

Abstract:

DOI: 10.7256/2454-0595.2013.12.63628

Abstract: The article concerns both general and specific issues concerning sources of law. The author provides a detailed evaluation of amendments into the Moscow City Law on Municipal Self-Government of 2012 (there was 3 of them). First of all, he analyzes the amendments regarding fighting corruption in municipal government. Secondly, he studies the amendments regarding administrative territorial changes in Moscow, widening of its territory southwards. Thirdly, he provides a detailed evaluation to the amendments, which served as grounds for over a half of the municipal districts in Moscow losing their competence in the sphere of organization of district committees for working with juveniles and protection of their rights, organization of social, educational and recreational, sports and health work with the people residing in the area, as well as in the sphere of guardianship, tutorship and patronage. These changes fall within the vector of centralizing financial and administrative competence of regional bodies in relation with the municipal self-government. The article contains conclusions of the author regarding each of the amendments.

Keywords: m unicipal s elf-government, c ompetence o f l ocal s elf-government b odies, c entralization, s ources o f municipal law, legislation of the city of Moscow, changes in the legislation, analysis of sources, local government bodies, budget, history of municipal self-government.

DOI: 10.7256/2454-0595.2013.12.9099

Abstract:

DOI: 10.7256/2454-0595.2013.12.63625

Abstract: The current Russian administrative legislation provides that the decision on the administrative offence case, including those in the sphere of road traffic security, comes into force after ten day period provided for filing appeal and the period starts from the day when the copy of the decision is received by an offender. However, until an offender gets the decision the period for appeal does not start, and therefore, it is hard to establish when in particular the decision shall come into force. The analysis of current arbitration procedural, criminal procedural and civil procedural legislation and judicial practice shows that the decisions in other spheres of procedural law come into force once the period for appeal is over and it is calculated starting from the day when a decision or a judgment was made, and the period for notification and posting are included into the period.

Keywords: code, offence, administrative, arbitration, criminal, civil, procedural, decision, period, service.

DOI: 10.7256/2454-0595.2013.12.10234

Abstract:

DOI: 10.7256/2454-0595.2013.12.63626

Abstract: T he a rticle i ncludes a nalysis o f t he a mendments i nto t he l egislation o n a dministrative o ffences regarding establishing the amount of an administrative fines, which took place in 2012. Based upon the results of the legal practice of the customs bodies and the courts on the cases regarding administrative responsibility for the offences in the sphere of customs, the author uncovers topical issues regarding assignment of administrative fines f or t he v iolations o f c ustoms r ules. It i s s ubstantiated t hat t he e xisting o rder o f c alculating f ines i n t he many-fold amount compared to the cost of the object of an offence and differentiated depending on the category of persons/entities being offenders causes legal uncertainty and breaches the rights of delinquents. Taking into account the legal positions of the Constitutional Court of the Russian Federation, the author makes proposals on the improvement of the norms of the Administrative Offences Code of the Russian Federation in order to establish a unified approach towards establishing the cost of offence objects for the purpose of calculating the amount of fines for customs offences.

Keywords: administrative offence, administrative punishment, administrative fine, violation of customs rules, the Constitutional Court of the Russian Federation, administrative offence, customs cost, non-declaring, physical persons, the Administrative Offences Code of the Russian Federation.

DOI: 10.7256/2454-0595.2013.12.10210

Abstract:

DOI: 10.7256/2454-0595.2013.12.63627

Abstract: The protective provisions of the Administrative Offences Code of the Russian Federation regarding the responsibility for the violations in the sphere of protection, preservation, and use of cultural heritage objects were amended substantially in 2013. The existing provisions on offences were clarified and new types of offences were introduced, the amounts of fine were enlarged, and there were also changes in the competence of courts regarding administrative offence cases. The article provides analysis of administrative offences in the sphere of protection of historical and cultural heritage objects in the light of the legislative novelties, and the author formulates the propositions for the improvement. Noting the need to amend the material elements of an administrative offence under Art. 7.15 part 2 of the Administrative Code of the Russian Federation the author supports the position that harming or destruction of the object of archeological heritage while holding archeological field work may only be committed with direct intent. Accordingly, such acts of persons and officials should be qualified under Art. 243 of the Criminal Code of the Russian Federation.

Keywords: object of cultural heritage, object of archaeological heritage, lands designated for historical and cultural purposes, administrative offence, administrative responsibility, administrative fine, elements of an administrative offence, unlawful act, sanction, confiscation.

DOI: 10.7256/2454-0595.2013.12.10277

Abstract:

DOI: 10.7256/2454-0595.2013.12.63633

Abstract: The article concerns the program of an approved economic operator as a legal instrument for the improvement of his administrative legal status. The author also analyzes various aspects of the secure goal of sale of goods through the prism of the standards of the World Customs Organization. The study of the institution of t he a pproved e conomic o perator a nd i ts a dministrative l egal s tatus w ithin t he c ontext o f R ussian a nd foreign customs legislation and the novel legal practice allows one to draw a conclusion that the improvement of administrative legal status of the subject of administrative legal relations having a right to use special simplified customs clearance procedures should be based upon an independent concept, the fundamental directions, standards with due account taken of the national, regional and international specificities of customs regulation. In the opinion of the author the approved economic operator program, which is being currently developed by the customs administration with the assistance of the business community, may serve as such a legal instrument. Currently the experts of the World Customs Organization consider that there are no adequate approved economic operator programs in the CIS states. In their opinion the legislation in this sphere is just being developed. One may agree with such a position with some reservations. The Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation formed the approved economic operator institution. However, there is no program on approved economic operators, which would be aimed at the development of their administrative legal status.

Keywords: operator, status, regulation, economics, control, customs, Union, EurAsEC, border, Russia.

DOI: 10.7256/2454-0595.2013.12.10239

Abstract:

DOI: 10.7256/2454-0595.2013.12.63634

Abstract: Based upon the large amount of normative materials and archive data the author evaluates the problem of the relations between the courts and local executive bodies in the first two decades of the existence of the RSFSR. It is noted that starting with 1917 the state departed from the previously existing principle of pre- Revolutionary Russia that the judges should be independent from the executive branch. It is shown that the active interference of local executive bodies into the work of courts, and the active role of the executive committees in the procedure of assigning and resignation of judges of the courts of the general jurisdiction lead to the lower efficiency of court work, staff turnover and the courts becoming accountable to the executive branch. The author makes a conclusion that throughout the period in question the problem of independence of the judicial branch of government from the executive branch of government remained unsolved in spite of all of the efforts of the Soviet Government taken in order to limit the influence of the executive committees, which was due to the specific features of the Soviet administrative model.

Keywords: p eople’s judge, province judge, e xecutive branch of government, e xecutive c ommittee, t he S oviets, repeal, the People’s Commissariat of Justice, independency of judges, judicial corpus, the RSFSR.

DOI: 10.7256/2454-0595.2013.12.10313

Abstract:

DOI: 10.7256/2454-0595.2013.12.10418

Abstract:

DOI: 10.7256/2454-0595.2013.12.63636

Abstract: The article is devoted to the general characteristic features of the sources of the Muslim criminal law. It provides detailed analysis of the primary sources of criminal law of the Muslim State: the Koran and the Sunna, as well as secondary sources, such as the Ijma and the Qiyas. The authors describe the history of development and principal changes in the Muslim law, as well as the factors causing such changes. The authors also discuss the differences between legal systems of various states within the Muslim legal family, such as the: United Arab Emirates, Saudi Arabia, Iran, Pakistan, Sudan, Turkey, Algeria, etc. The authors use comparative legal method, historical legal method, formal legal method, as well as the methods of systemic structural and logical analysis, modern achievements of science in the spheres of philosophy and theory of law regarding the problems of Muslim law. The article concerns various approaches towards establishing the sources of criminal law of the Muslim states, and the analysis of topical issues is provided. Studies of the sources of the Muslim law are necessary in order to improve the norms of criminal law of modern states, they facilitate peace among the nations and ease religious tension, allow to avoid the existing criminal causes. The article is of theoretical and practical value and it may be used in law schools for the purposes of teaching law.

Keywords: source, criminal law, the Koran, the Sunna, the Ijma, the Qiyas, the Muslim states, the Muslim criminal law, the Islam, national legal system.