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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 02/2013
Contents of Issue ¹ 02/2013
Theory and science of administrative and municipal law
Kuyan I.A. -

DOI:
10.7256/2454-0595.2013.2.7352

Abstract:
Public and municipal service and the citizen
Vinokurov A.Y. -

DOI:
10.7256/2454-0595.2013.2.7288

Abstract:
Administrative and municipal law: business, economy, finance
Lagutin, I. B. - System Elements in Organizing the Budgetary Control in Russia (Administrative Law Aspect) pp. 154-156

DOI:
10.7256/2454-0595.2013.2.62127

Abstract: The article represents the author’s approach to definition of the system elements in organizing the budgetary control in the Russian Federation. The elements are divided into theoretical and practical as well as into the elements forming the system and elements completing the system of budgetary control The author also underlines such elements as the federal budgetary control, regional budgetary control and municipal budgetary control.
Keywords: system, budgetary control, elements, federal budgetary control, regional budgetary control, municipal budgetary control, administrative law enforcement, theoretical elements, practical elements.
Administrative law, municipal law and security
Vinokurov A.Y. -

DOI:
10.7256/2454-0595.2013.2.7255

Abstract:
Sochnev, D. V., Abasov, M. M. - General Description of the Legislation of Western European Countries in the Sphere of Fight Against Terrorism Financing pp. 147-153

DOI:
10.7256/2454-0595.2013.2.62126

Abstract: The author of the article touches upon the issues of adopting a number of legislative measures by the German government after the events happened on September 11, 2001. If properly combined, these measures allow to detect and prevent from legal financial tools being used for the criminal purposes including terrorism.
Keywords: fight against, terrorism, terrorism financing, laundering of money, UN resolution, German legislation, law, bank, beneficiary, fraud, European Union, al-Qaeda.
Administrative and municipal law: forms and methods of implementation (practice)
Sindeeva, I. Yu. - Transfer of State and Municipal Property under Economic Jurisdiction and Operative Management as a Special Form of Administrative Agreement pp. 163-172

DOI:
10.7256/2454-0595.2013.2.62129

Abstract: The author of the present article analyzes the legal nature of regulations and agreements related to transfer of public law units, under economic jurisdiction and operative management by state and municipal unitary enterprises. The author studies the peculiarities of the agreement for transferring state and municipal property under economic jurisdiction and operative management as a form of administrative agreement and considers the stages of development of the right to economic jurisdiction and operative management.
Keywords: right to economic jurisdiction, right to operative management, state and municipal property, state and municipal unitary enterprise, administrative agreement.
Liability in administrative and municipal law
Alkhutova E.Y. -

DOI:
10.7256/2454-0595.2013.2.7387

Abstract:
Alkhutova, E. Yu. - Definition and Meaning of Administrative Responsibility as Part of Purposes and Goals of the Prosecutor’s Supervision over Administrative Jurisdiction Authorities Enforcing the Law in the Sphere of Economics pp. 157-162

DOI:
10.7256/2454-0595.2013.2.62128

Abstract: Based on the analysis of previously provided definitions of administrative responsibility, the author makes the definition of administrative responsibility to be used for the purposes of the prosecutor’s supervision over administrative jurisdiction authorities enforcing the law in the sphere of economics. The author also describes the principles of administrative responsibility as a measure of state enforcement. The results of the study will be interesting for researchers and can be used in organizing and providing the prosecutor’s supervision over administrative jurisdiction authorities enforcing the law in the sphere of economics.
Keywords: responsibility, supervision, prosecutor’s office, economics, principles, definition, signs, enforcement, legal provision.
Management law
Berezhnova N.D. -

DOI:
10.7256/2454-0595.2013.2.7373

Abstract:
Belousova E.V. -

DOI:
10.7256/2454-0595.2013.2.7394

Abstract:
Belousova, E. V. - Concerning the Relation Between the Notions ‘Competence’, ‘Powers’ and ‘Area of Authority’ pp. 124-131

DOI:
10.7256/2454-0595.2013.2.62122

Abstract: The author of the article analyzes the relation between the notions ‘competence’, ‘powers’ and ‘area of authority’ in connection with the functioning of the local self-government authorities as the bodies of public authority. The author describes various approaches of modern authors to interpreting the aforesaid terms and defines the structure and contents of such notions as ‘competence’, ‘powers’ and ‘area of authority’. The author also studies the legal provisions of the Federal Law of October 6, 2003 on General Principles of Local Self-Government in the Russian Federation’ as amended and supplemented. The author points out the different classifications of powers and areas of authority of local agencies in the Russian Federation.
Keywords: competence, powers, area of responsibility, local self-government, municipal unit, local authorities.
Kuyan, I. A. - Municipal Power and the Principle of People’s Sovereignty: the Relation and Practical Implementation in the Ukraine pp. 131-137

DOI:
10.7256/2454-0595.2013.2.62123

Abstract: The article is devoted to the study of the institution of municipal authority from the point of view of implementation of modern models of the people’s sovereignty conception. The author describes potentials of these models in ensuring the people’s sovereignty and implementation of public interests at the national and local levels. To implement the principle of people’s sovereignty and ensure the factual rule of the people in the Ukraine, it is necessary to comply the community model of municipal authority with the requirements of the European Charter of Local Self- Government.
Keywords: people’s sovereignty, municipal power, the rule of the people, territorial community, local self-government, local government, community, public interests, European Charter of Local Self-Government.
Law-enforcement legislation
Berezhnova, N. D. - Operational Use of Psychological Factors of Special Squads in Preventive Activities pp. 113-118

DOI:
10.7256/2454-0595.2013.2.62118

Abstract: The author of the article analyzes a number of corrective measures performed by special squads in preventive activities based on update psychological information. The author also describes the conditions of successful implementation of psychoanalytical tools in a criminal group.
Keywords: refocusing, criminal group, psychological pressure, leader, mechanism of attitude formation, roles in a group, social and psychological methods, warning, penitentiary crime.
Sokolova, O. S. - On the Question about Unification of Laws on Law-Enforcement Agencies pp. 118-123

DOI:
10.7256/2454-0595.2013.2.62121

Abstract: Reformation of law enforcement agencies in the Russian Federation goes on but there is no uniform law on this form of state service. Law-enforcement research institutes recognize adoption of such a law as the most efficient mechanism of reformation. Moreover, description of the contents, purposes and principles of law-enforcement agencies has a special meaning for discussing the issue about unification of the law on law-enforcement service.
Keywords: legislation, service, law enforcement, state, unification, reformation, principles, administrative, efficiency.
Administrative process and procedure
Agamagomedova S. -

DOI:
10.7256/2454-0595.2013.2.7089

Abstract:
Kobzar-Frolova, M. N. - On the Question about the Concept and Essence of Administrative Jurisdiction pp. 138-142

DOI:
10.7256/2454-0595.2013.2.62124

Abstract: The author of the article stresses out that the concept and essence of administrative jurisdiction remains one of the most nettlesome issues both in theory and law-enforcement practice. First of all, it is due to the fact that the term ‘administrative jurisdiction’ hasn’t been legally fixed at the federal level yet, and secondly, to the fact that academic lawyers haven’t come to the mutual agreement about the definition of this term. Such a situation can be in some way explained by the fact that administrative jurisdiction just like civil and criminal proceedings do not form the legal regulations but only allow to use these legal regulations in certain situations.
Keywords: essence, process, jurisdiction, proceeding, procedure, citizen, position, complain, violation of law, enforcement.
Administrative law, municipal law and human rights
Trunov, I. L. - Democratic Tolerance of Officials and Politicians Towards Shocking and Insulting Defamation pp. 102-107

DOI:
10.7256/2454-0595.2013.2.62120

Abstract: The article is devoted to the return of criminally liable defamation (slander) as well as the current laws punishing for insulting officials and the civil institution of the honor and dignity protection.
Keywords: slander, insult of an officer, the first place in the number of criminal cases against journalists, anti-defamation suit, state officials, unprotected from shocking and insulting expressions, responsibility for quality of adopted laws.
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Kurakin, A. V., Kuleshov, G. N., Nesmelov, P. V. - Information Security in the System of Civil Service pp. 172-176

DOI:
10.7256/2454-0595.2013.2.62130

Abstract: Due to the development of informatization processes in public management, state civil officials get involved into a whole system of information-related legal relations. This is why it is almost impossible to imagine their supervisory, permitting and jurisdiction activities without obtaining and using necessary information. Taking this into account, at a modern stage it is very important to develop a new model of administrative law regulation of information relations in the system of state civil service. It is very important that such a model takes into account all new problems of the global informatization of a modern society.
Keywords: service, official, information, security, informatization, management, corruption, provision, control, procedures.
Public service, municipal service and issues in the fight against corruption
Vinokurov, A. Yu. - Control Over Matching Expenses of State Officials and Other Persons Against their Revenues as an Independent Function of Prosecutor’s Office pp. 108-112

DOI:
10.7256/2454-0595.2013.2.62119

Abstract: Based on the analysis of the provisions of the Federal Law on Control over Matching Expenses of State Officials and Other Persons Against their Revenues’, the author of the article makes a conclusion about the appearance of an independent activity of the prosecutor’s office. This activity has all the signs of a function. The author also pays attention at numerous features of the legal position of the prosecutors within the framework of implementing the aforesaid new law.
Keywords: prosecutor, prosecutor’s office, functions of the prosecutor’s office, independent function, official, control over matching expenses against revenues, legal position of the Prosecutor, General Prosecutor.
Public law: New challenges and realities
Rudakov, A. A. - Codification of Constitutional Legislation pp. 143-146

DOI:
10.7256/2454-0595.2013.2.62125

Abstract: The article is devoted to the legal issues and prospects of codification of constitutional legislation. The existing legal base in the sphere of constitutional law relations regulates only some aspects of constitutional law science which is not enough to solve other important problems of the constitutional law. Adoption of single legal regulations in the form of federal constitutional laws has a very weak affect. So there is a certain need in codification of the rules of constitutional law that are not covered by the Constitution.
Keywords: constitutional law, codification of constitutional legislation, constitutional law relations, Constitution, federal constitutional law, unified codified constitutional regulation, state management, power, politics.
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