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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 05/2013
Contents of Issue ¹ 05/2013
Issues of administrative and municipal legal relationship
Adarchenko, E.O. - Administrative legal personality of legal entities in public law pp. 410-414

DOI:
10.7256/2454-0595.2013.5.62694

Abstract: The article is devoted to the specific features of administrative legal personality as one of the key elements of a public law legal entity. The author provides reasons for a new law on public law legal entities, which shall enshrine rights, obligations and responsibilities of such entities. The public law legal entities should be recognized as collective subjects of administrative law, having certain powers.
Keywords: public law legal entity, administrative legal personality, legal capacity, dispositive capacity, guilt, state bodies, state corporations, state.
Tretyakova, S.B. - Self-regulated organization as a special subject of law pp. 415-420

DOI:
10.7256/2454-0595.2013.5.62695

Abstract: The article is devoted to the specific features of legal status of self-regulated organizations. Topicality of this issue is due to its controversial character and lack of its studies in the theory of law. The author analyzes the Russian legislation on self-regulated organizations, as well as the views of legal scholars. Additionally, the article defines social and legal nature of self-regulated organizations their public and private law elements, their legal capacity and powers. Based on these studies, the author comes to a conclusion on dual (mixed) character of their legal status.
Keywords: self-regulated organization, non-commercial organization, legal personality, competence, powers, collective subjects, legal entity, regulation, private interest, public interest, legal nature, legal status.
Executive authorities and the civil society
Grudtsyna, L.Y - Development of the civil society withi the aspect of convergence of private law and public law sources of the Russian law pp. 404-409

DOI:
10.7256/2454-0595.2013.5.62693

Abstract: Existence and development of the civil society is not possible outside a complicated system of social relation and without participation (direct or indirect) by the state, in particular by issuing and application of norms of private and public law. Also, the political system of the state influences the civil society, and the models of social development are dependent upon the current quality of political system.
Keywords: state administration, civil society, private law, public law, state, human rights, business, economics, law.
Public and municipal service and the citizen
Shurukhnova D.N. -

DOI:
10.7256/2454-0595.2013.5.7866

Abstract:
Administrative and municipal law: business, economy, finance
Zholobova, G.A. - The problem of guaranteeing quality of the marketable surplus of grain within the mechanism of legal regulation of the Russian trade in late XIX – early XX centuries pp. 456-464

DOI:
10.7256/2454-0595.2013.5.62702

Abstract: The article deals with the topical issues of organization of trade of surplus of grain in the 2nd half of XIX and early XX centuries within the historical aspect of Russian reality. The studies of archive documents and analysis of normative legal acts of the Russian Empire of 1881-1913 allowed the author to uncover the historical specific features of the Russian mechanism for the regulation of grain and bread trade, which was aimed to ensure the quality of bread. The author showed that inefficiency of existing market solutions caused the greater degree of state intervention into the bread trade.
Keywords: trade, export, bread, grain, classification, sorting, quality, price, stock exchange, control, middleman, commissioner, producer.
Administrative law, municipal law and security
Vinokurov, Y.E. - Security in the professional activities of a lawyer pp. 421-423

DOI:
10.7256/2454-0595.2013.5.62696

Abstract: The article includes an attempt to introduce a term “professional security” as one of the types of security in human activities. It is pointed out that lack of professionalism or anti-social views and positions of lawyers may be dangerous for the people, society and state. The author also discusses the possible ways of prevention of such situations.
Keywords: lawyer, security, danger, professional quality, security of professional activity.
Administrative and municipal law: forms and methods of implementation (practice)
Agamagomedova, S.A. - Customs control after the release of goods within the guarantee framework pp. 475-481

DOI:
10.7256/2454-0595.2013.5.62704

Abstract: Currently the value of the customs control after the release of goods is growing. The article is devoted to some aspects of post-release control within the framework of implementation of copyright protection function by the customs bodies. Topical issues include limited amount of administrative sanctions based upon the post-release control of goods, including copyrighted objects, as well as length of such control period.
Keywords: The Federal Customs Service of Russia, copyright, administrative offences, customs control, factual control, stopping the issuance, confiscation, control period.
Liability in administrative and municipal law
Vinokurov A.Y. -

DOI:
10.7256/2454-0595.2013.5.7928

Abstract:
Panshin D.L. -

DOI:
10.7256/2454-0595.2013.5.8861

Abstract:
Management law
Kurakin A.V. -

DOI:
10.7256/2454-0595.2013.5.8724

Abstract:
Vinokurov, A.Y. - The object of prosecutor supervision over the implementation of laws and the Art. 77 of the Federal Law “On the general principles of organization of municipal self-government in the Russian Federation” pp. 424-430

DOI:
10.7256/2454-0595.2013.5.62697

Abstract: In this article the author based upon analysis of the provisions of the Federal Laws “On Prosecution in the Russian Federation” and “On the general principles of organization of municipal self-government in the Russian Federation” attempts to provide grounds for the prosecutor supervision over the implementation of the charters of municipal units and municipal acts by the municipal bodies and their officials. He offers to amend the provisions of federal legislation in order to specify the object of supervision over implementation of laws.
Keywords: prosecutor, prosecution bodies, prosecutor supervisions, supervision over implementation of laws, object of supervision, municipal bodies, charter of a municipal unit, municipal legal acts.
Kostennikov, M.V., Kurakin, A.V., Pavlyuk, A.V. - On the issue of definition and methods of state administratio in the administrative law pp. 430-439

DOI:
10.7256/2454-0595.2013.5.62698

Abstract: The article is devoted to the problem of state administration. The authors analyze various points of view on this category, and make a conclusion that state administration includes great variety, the quality of administrative activity is defined by the methods of administrative legal regulation. Due to this fact, their improvement may considerably improve the regime of state administration. Additionally, the article includes analysis of state administration functions, which define its strategic directions.
Keywords: administration, method, control, means, state, law, competence, subject, participant, government.
Schekochikhin, P.A. - Notariate within the system of public administration: on the issue of its place and role pp. 439-443

DOI:
10.7256/2454-0595.2013.5.62699

Abstract: The article includes analysis of place and role of notaries within the system of state and social administration. The author studies the key criteria for the classification of notary systems in the world, and based on these studies, he offers his own view of the issue in question. He formulates the key directions for the modernization of the Russian notary system and the perspectives of its development.
Keywords: notaries, system, protection, administration, place, model, notary, type, act, written document, fact.
Administrative law, municipal law and human rights
Olimpiev, A.Y., Admiralova, I.A. - Role of the OSCE in improving the mechanism for fighting human trafficking at the international level pp. 401-403

DOI:
10.7256/2454-0595.2013.5.62692

Abstract: The author discusses functions and goals of the OSCE regarding prevention of human trafficking crime at an international level. The author studies the measures of the Bureau, the Special Representative and Coordinator, which are applied to prevent human trafficking.
Keywords: organization, security, cooperation, Europe, trafficking, human, state, member, Bureau, representative, coordinator, science, unions, plan, action, the OSCE.
Debatable issues in administrative and municipal law
Vinokurov A.Y. -

DOI:
10.7256/2454-0595.2013.5.7897

Abstract:
Vinnitsky, A.V. - Doctrine of public property in the administrative law of France pp. 465-474

DOI:
10.7256/2454-0595.2013.5.62703

Abstract: The article is devoted to the genesis and key provisions of the doctrine of public property in France, including subject, objects and contents of the public property law, and classification of public domains and forms of their usage. The author states that regulation of the relations in this sphere should be viewed as a prerogative for the administrative law.
Keywords: public property, public domains, public estate, French law, res publicae.
Administrative law, municipal law and other branches of law
Olimpiev A.Y. -

DOI:
10.7256/2454-0595.2013.5.7933

Abstract:
Glushkov, A.I. - Role of the prosecutor in the guarantees of the adversarial principle at the pre-trial stages of criminal process pp. 482-485

DOI:
10.7256/2454-0595.2013.5.62705

Abstract: The article concerns theoretical an legal issues regarding procedural competence of a prosecutor in the sphere of guarantees of the adversarial principle among the parties at the pre-trial stages of criminal judicial procedure, as well as in the sphere of guarantees of protection of individuals from the unlawful and ungrounded accusation and conviction, limitation of human rights and freedoms. The author also studies the issues of procedural form of decision of the prosecutor to exclude inadmissible evidence from the basis of accusation.
Keywords: prosecutor, supervision, principle, criminal, judicial procedure, adversarial character, stage, protection, personality, accusation, freedom, limitation, evidence.
Public service, municipal service and issues in the fight against corruption
Kabanov P.A. -

DOI:
10.7256/2454-0595.2013.5.7807

Abstract:
Kabanov P.A. -

DOI:
10.7256/2454-0595.2013.5.7972

Abstract:
Kabanov, P.A. - Legal regulation of organization and implementation of anti-corruption monitoring at the municipal level pp. 444-450

DOI:
10.7256/2454-0595.2013.5.62700

Abstract: The article includes the results of the study of experience of legal regulation of organization and implementation of anti-corruption monitoring in the constituent subjects of the Russian Federation. The author provides comparative legal characteristics of the municipal anti-corruption monitoring, he shows the typical shortcomings of legal regulation, including lack of uniformity in legal regulation of organization and implementation of municipal anti-corruption monitoring in the municipal units, as well as measures for its improvement, such as development of the model municipal normative legal act, which would provide for the procedural and technological bases for its organization and implementation.
Keywords: Corruption, fighting corruption, monitoring, anti-corruption monitoring, corruption monitoring, causes for corruption, monitoring order, monitoring methods, monitoring rules.
Shurukhnova, D.N. - Control over financial status as an anti-corruption measure pp. 451-455

DOI:
10.7256/2454-0595.2013.5.62701

Abstract: The article is devoted to the state anti-corruption measures regarding control over the financial and property status of state officials, and persons holding state office. The author analyzes the history of formation and development of such measures in the current legislation. The author also analyzes the normative acts, which provide for the control over the property and financial situation of state officials and other persons. The author shows the key tendencies in the normative regulation in this sphere, establishes the influence of international law on the formation of the Russian domestic legislation in the sphere of fighting corruption.
Keywords: jurisprudence, corruption, fighting, prevention, state official, control, income, property, declaration, spending.
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