DOI: 10.7256/2454-0595.2013.4.7831

Abstract:

DOI: 10.7256/2454-0595.2013.4.62533

Abstract: The article is devoted to the development of the institution of public services in European Union member states and Russia. The author of the article analyzes contradictions and drawbacks of the Russian legislation in this sphere. Based on foreign experience, the author justifies the grounds for a wide approach to interpretation of public services and their basic division into economic and non-economic services.

Keywords: pubic service, general service, state service, municipal service, administrative service, social service, universal service.

DOI: 10.7256/2454-0595.2013.4.7610

Abstract:

DOI: 10.7256/2454-0595.2013.4.7653

Abstract:

DOI: 10.7256/2454-0595.2013.4.7673

Abstract:

DOI: 10.7256/2454-0595.2013.4.8704

Abstract:

DOI: 10.7256/2454-0595.2013.4.62536

Abstract: At the present time the problem of defining the borders of administrative discretion in state officials’ activities is becoming very important. Analysis of the criteria for defining the borders of administrative discretion and their proper determination will limit corruption and abuse in the system of civil service. Administrative regulations, the level of financial funding and additional professional training will also help to specify the borders of administrative discretion of public officials.

Keywords: state service, administrative law, administrative discretion, law-enforcement, borders of administrative discretion, criteria, abuse, corruption, administrative regulation.

DOI: 10.7256/2454-0595.2013.4.62537

Abstract: The article is devoted to the analysis of organizational and legal forms of implementation of public service (le service public) in France within the framework of administrative regime, i.e. under conditions of co-existence of the two spheres of national law order, private law and administrative law. As a part of administrative regime, public administration activities were literally excluded from the scope of private laws, for instance, French Civil Code of 1804. Consequently, when disputes arise between private persons and public administration, there is always a question whether the public authority agent has acted within the framework of administrative law or private law. In the first case, administrative court will be a competent authority, and in the second case — the general jurisdiction court. The author conducts a detailed analysis of the question about delegation of public service based on the dichotomy between general (private law) regime and administrative regime through examples of public concession and affermages.

Keywords: public service, public order, administrative regime, administrative jurisdiction, delegation of public service, concession, public activities, agreement, administrative court, affermage.

DOI: 10.7256/2454-0595.2013.4.7645

Abstract:

DOI: 10.7256/2454-0595.2013.4.7814

Abstract:

DOI: 10.7256/2454-0595.2013.4.7567

Abstract:

DOI: 10.7256/2454-0595.2013.4.7621

Abstract:

DOI: 10.7256/2454-0595.2013.4.8710

Abstract:

DOI: 10.7256/2454-0595.2013.4.62534

Abstract: The author of the article analyzes historical, legal and organizational grounds for implementation of the institution of official warning about about inadmissible actions that create grounds for crime, inquiry and preliminary investigation that are referred to the federal security service according to the laws of the Russian Federation, and ways to improve it.

Keywords: administrative law, national security, measures of administrative enforcement, crime prevention, individual prevention, grounds for implementing an official warning, administrative discretion, legality, efficiency of implementing an official warning

DOI: 10.7256/2454-0595.2013.4.7656

Abstract:

DOI: 10.7256/2454-0595.2013.4.62542

Abstract: Based on the author’s conception of a tort law, i.e. a complex administrative law institution acting within the borders of official law, the author forms a definition and defines the basic features of disciplinary action in tort law. It is concluded that disciplinary action in tort law should be viewed as the measure of disciplinary enforcement applied to a person who committed an official delict as set forth by the requirements of the law.

Keywords: tort law, law institution, disciplinary responsibility, disciplinary delict, disciplinary enforcement, sanction, disciplinary action, official.

DOI: 10.7256/2454-0595.2013.4.62541

Abstract: The author of this article evidently shows the need in a new modern definition of aims of legislation on administrative offence. The author analyzes the structure of aims of legislation on administrative offence and compares aims set forth by the Administrative Offence Code of the Russian Federation with other branches of law. Based on the results of the study, the author makes certain suggestions on wording of Article 1.2 of the Administrative Offence Code of the Russian Federation.

Keywords: aims, law, administrative, responsibility, modern, definition, style, efficient, protection.

DOI: 10.7256/2454-0595.2013.4.7625

Abstract:

DOI: 10.7256/2454-0595.2013.4.7798

Abstract:

DOI: 10.7256/2454-0595.2013.4.62535

Abstract: The article contains suggestions on how implement conditions for recruiting, increasing efficiency of recruiting, retraining and guarantees for social security of officials of the Department of Internal Affairs of the Russian Federation as well as raise of the level of citizens’ trust towards law-enforcement agencies.

Keywords: prevention, crime, reform, internal affairs agency, Russia, trust of citizens, guarantee, official, Department of Internal Affairs, police, service.

DOI: 10.7256/2454-0595.2013.4.7698

Abstract:

DOI: 10.7256/2454-0595.2013.4.7662

Abstract:

DOI: 10.7256/2454-0595.2013.4.7771

Abstract:

DOI: 10.7256/2454-0595.2013.4.62544

Abstract: The author of this article analyzes the legal nature of actions of performing administrative contractual obligations and their place in the system of legal facts. The author views civilized conceptions of performance of obligations (performance of obligations as a factual action, performance of obligations as a deed, performance of obligations as a business transaction and etc.). Noteworthy, the author very well shows why actions of performing administrative contractual obligations are referred to a certain form of legal acts — procedural actions.

Keywords: administrative contract, administrative contractual responsibility, performance of responsibility, aim at legal consequences, will power, rule of will power, legal act, procedure.

DOI: 10.7256/2454-0595.2013.4.7869

Abstract:

DOI: 10.7256/2454-0595.2013.4.62538

Abstract: Information plays a significant role in the modern world. The majority of people have free access to Internet where they can easily find whatever information they want. Technological development, improvement of mechanical media, growing role of information — all that demand a detailed regulation by law. In this regard, the study of constitutional and legal prerequisites for limitation of right to information is growing especially important.

Keywords: information, prohibition, restriction (limitation), right, human, protection, technology, control, responsibility, punishment, state institution.

DOI: 10.7256/2454-0595.2013.4.7657

Abstract:

DOI: 10.7256/2454-0595.2013.4.7796

Abstract:

DOI: 10.7256/2454-0595.2013.4.62543

Abstract: The author of this article conducts a scientific analysis of efficiency of arrangement of work and ensuring court activities in civil and arbitrage proceedings. The author describes the efficiency criteria and proves the need in increasing court proceedings. The author also makes suggestions aimed at increasing efficiency of civil and arbitrage proceedings.

Keywords: organization, activity, court, civil, arbitrage, proceeding, justice, efficiency, legality, judge.

DOI: 10.7256/2454-0595.2013.4.7743

Abstract:

DOI: 10.7256/2454-0595.2013.4.8690

Abstract:

DOI: 10.7256/2454-0595.2013.4.62539

Abstract: Corruption is one of the threats to national security in the Russian Federation. The author of the given article conducts a critical analysis of Russian anti-corruption legislation and shows its gaps and drawbacks based on practical examples. As a result of this research, the author suggests that the term ‘administrative corruption’ should be defined by the law as the usage of an official state position for one’s personal benefits. The author of the article also makes particular suggestions bout how to increase the efficiency of corruption management in the Russian Federation.

Keywords: corruption, corruption management, administrative law means of corruption management.

DOI: 10.7256/2454-0595.2013.4.62540

Abstract: The article is devoted to administrative law grounds for arranging and carrying out anti-corruption monitoring in the Russian Federation constituents as the basic tool for measuring the level of corruption, its causes and efficiency of anti-corruption policy implemented in a region. The author defines and describes the main drawbacks of administrative law regulation of anti-corruption monitoring and arrangement of its implementation: selective nature of using such monitoring; no common approach to legal regulation, arrangement and carrying out such monitoring; incomplete conduction of monitoring (faked results of monitoring). The author of the article also suggests particular ways to change the grounds of legal regulation of anti-corruption monitoring.

Keywords: corruption, corruption management, anti-corruption monitoring, legal regulation, monitoring, corruption monitoring, monitoring procedure, monitoring of causes.