DOI: 10.7256/2454-0595.2013.7.9149

Abstract:

DOI: 10.7256/2454-0595.2013.7.8953

Abstract:

DOI: 10.7256/2454-0595.2013.7.62971

Abstract: The article is devoted to the legal and organizational bases for the information guarantees of state service, the author points out the obstacles in the way of development of information technologies within the system of state service relations. The article refers to various social relations, which are being formed in connection with the information guarantees of state service activities in various state government bodies.

Keywords: service, innovation, cadres, official, control, system, information, guarantees, regulation, activities, prohibition, limitation.

DOI: 10.7256/2454-0595.2013.7.62974

Abstract: The article includes analysis of the views of scientists and politicians of two opposite mindsets in the modern Russian legal studies. The first direction, which is currently leading in the modern Russian legal studies, is a liberal (“orange”) mindset, and the second includes the elements of the new national state attitude, which comes through in the conditions of liberal dictatorship and manipulations with the public conscience.

Keywords: liberal mindset, development of the new discourse, change of model of economic development, national state, second stage of codification of Russian legislation.

DOI: 10.7256/2454-0595.2013.7.9052

Abstract:

DOI: 10.7256/2454-0595.2013.7.62969

Abstract: In this article we would like to pay attention to the amendments in the Russian legislation in the sphere of road traffic security guarantees in the sphere of movement on pedestrian crosswalks. In our opinion, there is a number of norms regulating the obligations of participants of the road traffic to follow certain rules on movement (driving) on non-regulated pedestrian crosswalks, but there is no administrative responsibility for violations. The lack of responsibility for the violation of the Road Traffic Rules in this sphere lowers the level of prophylactic and preventive influence on road accidents. Amending the Road Traffic Rules the Government of Russia presumed that it is necessary for the drivers not only to give way to pedestrians and other participants of road traffic, but also to lower the speed up to complete stopping when there are pedestrians or bike riders on the crosswalk. However, there are no legislatively provided measures against violations of this obligation.

Keywords: road traffic, pedestrian, driver, pedestrian crosswalks, clear the way, overdrive, advancing, forced stop, transportation vehicle, collision.

DOI: 10.7256/2454-0595.2013.7.62977

Abstract: The article is devoted to legal and organizational problems regarding implementation of administrative provisions for the performance of state functions and services in the sphere of anti-corruption expertise of normative legal acts and their draft. Based on the analysis, the authors make propositions for the improvements into the existing procedures. It is noted in the article that currently the potential of anti-corruption expertise of normative legal acts and their drafts within the anti-corruption mechanism is obviously underestimated.

Keywords: expertise, report, expert, service, function, performance, the Ministry of Justice, corruption, requirement, factor, risk, administration.

DOI: 10.7256/2454-0595.2013.7.9084

Abstract:

DOI: 10.7256/2454-0595.2013.7.9037

Abstract:

DOI: 10.7256/2454-0595.2013.7.9038

Abstract:

DOI: 10.7256/2454-0595.2013.7.62975

Abstract: The article includes analysis of organizational and legal problems regarding implementation of the administrative responsibility, and it is noted that the current legislation on administrative offences lacks the definition of administrative offence, which is not a positive matter. In scholarly writing administrative responsibility is defined as an administrative coercive measure, which is applied to physical and legal entities. The measures of administrative responsibility are administrative punishments, which include proprietary and non-proprietary limitations of rights, and which are implemented within an established procedural order.

Keywords: public, responsibility, offence, punishment, guilt, guilty, sanitation, sanction, coercion, threat

DOI: 10.7256/2454-0595.2013.7.62976

Abstract: The article includes comparative analysis of the elements of the institution of administrative responsibility of insolvency officers under the current legislations of the Russian Federation and Ukraine. Most of attention is paid to the grounds for administrative responsibility and types of measures of administrative responsibility. The author notes similarities and differences in legislation and law-enforcement practice in two states. The attention is drawn to some topical issues of general theory of administrative responsibility, as applied to bankruptcy (insolvency).

Keywords: insolvency officer, administrative responsibility, administrative offence, bankruptcy, insolvency, sanitation, entrepreneurs, corruption, legal entities, debtor, creditor

DOI: 10.7256/2454-0595.2013.7.8925

Abstract:

DOI: 10.7256/2454-0595.2013.7.62970

Abstract: The article is devoted to the legal nature, characteristic feature and value of organizational independence of the municipal self-government in the Russian Federation. The choice of topic is due to the theoretical and practical value of the solution of a vast range of problems, which are related to the independent and responsible actions on the local issues by the people either directly or via the elected municipal self-government bodies. The value of consistent legal regulation of the guarantees of organizational independence of municipal self-government can hardly be underestimated within the general complex of necessary measures.

Keywords: organizational independence, municipal self-government, models of municipal self-government, local issues, local budget, administration, decision, people, people’s rule, control, guarantees, autonomy.

DOI: 10.7256/2454-0595.2013.7.8901

Abstract:

DOI: 10.7256/2454-0595.2013.7.9054

Abstract:

DOI: 10.7256/2454-0595.2013.7.62980

Abstract: The review provides a positive evaluation of the teaching manual “Anti-corruption expertise of legal acts and their drafts: definition, order and procedure” by S.M. Budatarov, which was published by Saratov State Law Academy. For the reviewer the main positive features of this work include, firstly, broadening of an object of anticorruption expertise of normative legal act by the author via inclusion of additional (optional) objects, which are not provided for the current Russian federal anti-corruption legislation; secondly, for the first time n the Russian legal literature the author describes the correlation of the anti-corruption expertise of normative legal acts and drafts of normative legal acts with other types of expertise (legal, linguistic).The reviewer offers to improve the text of the work — for the author to view the correlation of anti-corruption expertise of normative legal acts and drafts of normative legal acts with the criminological expertise and expertise of normative legal acts of federal executive bodies in order to uncover the provisions, which groundlessly complicate the entrepreneurial and investment activities.

Keywords: corruption, fighting corruption, anti-corruption expertise, corruptogenic factors, S.M. Budatarov, legal expertise, linguistic expertise.

DOI: 10.7256/2454-0595.2013.7.62979

Abstract: The author offers to evaluate the possibilities for fighting drug crime in the modern Russia at the macro-level, which can be shown in a typological characteristics of a large region — such as Voronezhsky region. He notes the deficit of implementation of means of prevention of drug crimes within the framework of global approaches in fighting the drug challenge. He also provides the grounds for the analysis of the criminologically valuable information (socio-economic, demographic, etc.), which he offers to view from the standpoint of uncovering the determination processes of spreading drug crime and its reaction to the measures taken. He provides brief analysis of criminal statistics, showing the criminal patterns in the sphere of illegal turnover of narcotic drugs and reaction to its practices.

Keywords: illegal turnover of narcotics, drug business, regional studies, drug crime, anti-narcotic strategy, criminological data, criminal statistics

DOI: 10.7256/2454-0595.2013.7.9057

Abstract:

DOI: 10.7256/2454-0595.2013.7.62978

Abstract: The article contains analysis of normative requirements to the procedure of drawing up and contents of other types of protocols, which are used in administrative cases on environmental offences. The author compares the provisions of the Administrative Offences Code of the Russian Federation and the Federal Law “On the protection of rights of legal entities and individual entrepreneurs in the sphere of implementation of state control (supervision) and municipal control” of December 26, 2008, N. 294-FZ regarding legal regulation of the procedural acts of the same title: examination, seizure, taking samples. The author also provides examples of decisions of the Arbitration Courts on certain cases, showing the ambiguity of existing judicial arbitration practice, which is due to the contradictions in the provisions of the above-mentioned Federal Law and the Administrative Offences Code of the Russian Federation regarding legal regulation of the procedural acts of the same title: examination, seizure, taking samples. The article contains a conclusion that in the administrative cases the protocols of taking samples and protocols of seizure under the Federal Law N 294-FZ of December 26, 2008 should be regarded as “other types of documents”, to which the provisions of the Administrative Offences Code of the Russian Federation on other types of protocols regulating examination of premises and territories belonging to legal entities and individual entrepreneurs, objects and documents therein, seizure of objects and documents, taking samples should not apply.

Keywords: other types of protocols used in cases on administrative offences, examination, seizure, taking samples, proof in administrative cases in the sphere of environmental protection, punishment, responsibility, control, regulation, jurisdiction, competence, authority.

DOI: 10.7256/2454-0595.2013.7.8934

Abstract:

DOI: 10.7256/2454-0595.2013.7.62972

Abstract: The article concerns topical issues of fighting corruption, which are due to the modern legislative, political and legal solutions in the sphere of prophylactics of corruption, and the restorative justice measures. The article includes analysis of defects in law enforcement, regarding many-fold fines assigned as additional punishment to the persons guilty of offences. The author notes the obstacles to the application of civil law measures of responsibility for the corruption-related offences. The existing shortcomings of the anti-corruption legislation is regarded as one of the sources of determination and development of criminal threats (organized crime, drug crime, legalization of money, earned by criminal means), as well as other corruption-related matters (non-payment policy, lack of financing, non-performance under state contracts).The perspective approaches to the prevention of corruption and active application of restorative legal measures are related to correction of legislation, optimization of law-enforcement (including the context of correlation of criminal law and civil law measures).

Keywords: corruption, corruption-related offence, prevention of corruption, shadow economy, compensation of harm, practice of criminal punishment.

DOI: 10.7256/2454-0595.2013.7.62973

Abstract: The article includes descriptions of organizational and legal mechanisms of development of the system of normative legal acts, regulating the issues regarding organization and implementation of the regional and municipal anti-corruption monitoring. In the point of view of the author, at the first stage it is necessary to develop the concept of legal regulation of anti-corruption monitoring in the constituent subject of the Russian Federation. At the second stage, it is necessary to draft and adopt the normative legal acts regulating procedural and technological issues of anti-corruption monitoring, such as order and methods (methodological recommendations) or rules for the regional anti-corruption monitoring. At the third state the author offers to develop and adopt the institutional and municipal normative legal acts on information guarantees of regional anti-corruption monitoring. As a result of his study, the author came to a conclusion that in order to improve the organizational and legal bases for the anti-corruption monitoring in the constituent subjects of the Russian Federation, it is necessary to form a group of model codified normative legal acts on its organization and implementation. It shall allow to support the unified approach towards the evaluation of corruption level, its causes and efficiency of the measures against corruption in various regions and municipal units, and to form a united national system of anti-corruption monitoring.

Keywords: corruption, monitoring, anti-corruption monitoring, corruption monitoring, legal regulation, legal act, rules of monitoring, method of monitoring, order of monitoring.