DOI: 10.7256/2454-0595.2013.6.8033

Abstract:

DOI: 10.7256/2454-0595.2013.6.8036

Abstract:

DOI: 10.7256/2454-0595.2013.6.7952

Abstract:

DOI: 10.7256/2454-0595.2013.6.8013

Abstract:

DOI: 10.7256/2454-0595.2013.6.8012

Abstract:

DOI: 10.7256/2454-0595.2013.6.62787

Abstract: The article concerns the problems of transportation security guarantees in the sphere of water transportation, taking into account the active involvement of the Siberian rivers into various economic activities. The author offers the ways of improvement of legal regulation in the sphere of transportation infrastructure functioning.

Keywords: transportation security, water transportation, development of waterways, legal regulation, functioning of transportation infrastructure, transportation code.

DOI: 10.7256/2454-0595.2013.6.62791

Abstract: The absence of generally accepted understanding of the disciplinary offence as a basis for the disciplinary responsibility of state employees in the service law calls for the search of new factual bases. Having analyzed the norms of legislation on responsibility of state employees (servants) the author correlates the definition of disciplinary offences of state employees (servants) with the definition of disciplinary offence in labor law. She singles out specific features and shortcomings of the normative provisions for the disciplinary offences of civil state servants, military officers, and the law-enforcement officers, then she offers her own definition for the bases for the bringing state servants to responsibility, which should be unified in the service law. Having studied the theoretical provisions and practice of normative legal regulation, the author distinguishes the disciplinary offences from crimes and administrative offences. The result of the study is the conclusion, that neither administrative offences, nor the immoral acts, should not serve as independent bases for bringing state servants to disciplinary responsibility. The only acceptable ground for bringing state servants to disciplinary responsibility is disciplinary offence.

Keywords: state employees (servants), state service discipline, bases for responsibility, offence, disciplinary offence, crime, administrative offence, immoral act, corruption act.

DOI: 10.7256/2454-0595.2013.6.62792

Abstract: The article is concerned with the topical issues regarding delivery of means of communications to the persons detained in the institutions of criminal penitentiary system. Under Art. 9 of the Criminal Penitentiary Code of the Russain Federation the key instrument for the correction of the convicts is the regime of serving sentence, as established by Federal Laws of the Russian Federation, normative legal acts of the Ministry of Justice of the Russian Federation, and the Federal Service for the Execution of Punishments of the Russian Federation. It guarantees protection and isolation of the convicts, constant supervision, implementation of their obligations, rights and lawful interests, as well as their personal security.

Keywords: regime of serving a sentence, officials, institutions, bodies, criminal penal, system, competent, to fill out, protocols, prohibited, objects, things, foodstuffs, administrative responsibility for delivery of means of communications to convicts.

DOI: 10.7256/2454-0595.2013.6.8054

Abstract:

DOI: 10.7256/2454-0595.2013.6.62788

Abstract: B ased on many centuries of experience of governing state and society in the sphere of guarantees of the objects of importance for them, one may achieve optimum efficiency only by echelon system of organization of performance of planned events.

Keywords: state administration, human rights, social system, society, power, state, liberalism, method, form, state, official, institution, manager.

DOI: 10.7256/2454-0595.2013.6.62789

Abstract: The article includes analysis of characteristic features of the supervision activities of prosecutor as a type of the socially beneficial professional work. The author studies stages (elements) of such activities, and he provides for the prerequisites for the higher efficiency of prosecutor supervision over compliance with the law, as one of the organizational legal means of lawfulness guarantees.

Keywords: prosecutor, supervision activities, guarantees of lawfulness, efficiency, petition, resolution, law, right, prescription, control, protest.

DOI: 10.7256/2454-0595.2013.6.8727

Abstract:

DOI: 10.7256/2454-0595.2013.6.62790

Abstract: Currently it is an important goal to formulate a balanced and well-based policy on administrative punishments, it being an integral part of the law-enforcement policy of the state, and having influence on a wide range of social relations. Finding solutions to these problems is closely connected to the improvement of the procedure on the cases on administrative offences in police, since tens of millions of people are facing administrative responsibility in police-initiated administrative cases.

Keywords: police, procedure, competence, responsibility, proceedings, punishment, policeman, legal order, fighting, jurisdiction.

DOI: 10.7256/2454-0595.2013.6.62798

Abstract: The main goal of the studies in this article is to analyze the regulation of the relations regarding unauthorized construction within the framework of the civil law reform. The goals of the study also include comparison of the upcoming legislative amendments in the sphere of unauthorized construction and the existing legislation, as well as modeling the new institution of unauthorized construction based upon the upcoming reform of civil legislation. T he study of the problem of unauthorized construction, on which this article is based, includes analysis of the current norms of civil legislation, as well as the legislative drafts for the amendments in the civil relations in this sphere.

Keywords: immovable property, town planning activities, supervision, construction, legitimacy, offence, responsibility, municipal self-government bodies, competence.

DOI: 10.7256/2454-0595.2013.6.62799

Abstract: The book includes detailed analysis of the evolution of the competence of state servants within the context of systemic interaction of public state service bodies. The author makes a generally successful attempt to provide an administrative legal model of the innovation development of the activities of the state servants within the framework of modernization policy. As a basis for the model of innovative service activities in the civil society, the author provides a thorough analysis of legal regulation the state service system, especially in the law-enforcement sphere The author also provides a well-based approach towards this system from the standpoint of the widening the structure and competence of the subjects of service relations.

Keywords: reform, service, modernization, policy, cadres, official, servant, system, right, obligations, control

DOI: 10.7256/2454-0595.2013.6.7992

Abstract:

DOI: 10.7256/2454-0595.2013.6.8729

Abstract:

DOI: 10.7256/2454-0595.2013.6.62797

Abstract: Currently there is a judicial reform going on in Russia, and its goal is to form an independent and fair judicial power. In order to support the status of the judicial power and to improve the judicial system, the Russian legislation is being constantly amended. As part of the judicial reform, the new draft of the Federal Law N. 246960 “Code for the Administrative Judicial Procedure in the Russian Federation”, allowing for the due implementation of Art. 118 of the Constitution of the Russian Federation, was introduced to the State Duma on March 28, 2013. Art 118 of the Constitution of the Russian Federation provides for the four types of judicial procedure: constitutional, civil, administrative and criminal. The work on the draft of the administrative judicial procedure legal draft was started in the end of XX century, and the first draft of the Code was presented. The first draft Code gained various evaluations in the scientific literatures, and it used a number of old stereotypes of the Soviet era.

Keywords: The Code for the Administrative Judicial Procedure, administrative justice, judicial reform, administrative dispute, administrative case, administrative claim, administrative procedures, public procedure, simplified procedure.

DOI: 10.7256/2454-0595.2013.6.62794

Abstract: The article includes author’s approach to the understanding of procedural law, its correlation with the material law, and criteria, using which one may single out the complicated forms of law-enforcement activities, within the framework of which the social relations requiring procedural legal regulation are formed.

Keywords: process, legal process, application of law, material, procedural, implementation, procedure, form, proceedings.

DOI: 10.7256/2454-0595.2013.6.62795

Abstract: T he article includes the arguments in favor of the legislative regulation of possible privatization (state registration of proprietary right) to the objects of underground construction, including those situated in metropolitan cities. The most efficient development of underground space in the future is possible if the state unites with the businesses, for which the legalized ability to gain proprietary rights to the objects of underground constructions, shall be one of forcible arguments for the economic and caring treatment of the geological resources of our planet.

Keywords: geological resources, underground constructions, subsurface riches, natural resources, extractable resources, environment, the subsurface space, capital underground workings.

DOI: 10.7256/2454-0595.2013.6.62793

Abstract: The article concerns the key historical stages of formation of organizational and legal forms for the emission activity on the territory of the Russian Federation from the standpoint of the existing social, economic, political and legal prerequisites, and with the due correlation with the financial and economic security issues, including issues of legal regulation of state income and spending.

Keywords: emission of money, emission law, financial law, cash, credit organization, bank, national security.

DOI: 10.7256/2454-0595.2013.6.62796

Abstract: The author holds comparative legal analysis of the current Russian federal and regional legislation on municipal self-government and legislation on fighting corruption, and he uncovers an obvious legal gap – the lack of specialized Commissions on compliance with the service behavior of the heads of municipal unions and on conflict of interests regulation. In the point of view of the author this legal gap may lead to the involuntary violations of requirements to the service behavior and conflict regulation by the heads of municipal units, as well as to violation of their lawful rights and interests in the process of their professional administration activities even after their resignation from their official positions.

Keywords: jurisprudence, municipal service, municipal servant, head of the formation, conflict of interests, fighting corruption, corruption, official, municipal unit, service requirements.

DOI: 10.7256/2454-0595.2013.6.62786

Abstract: Separation of law into branches is an exclusive achievement of the Soviet doctrine, since no other legal system provides for such a division. Private law is generally a combination of legislative and legal complexes, regulating civil turnover. In this case one is to analyze the legislative masses and correlated legal maters, which find their basis in the codified acts.

Keywords: private, legislation, public, law, state, civil, turnover, property, legal relations, human rights, family, classification, state

DOI: 10.7256/2454-0595.2013.6.8082

Abstract: