DOI: 10.7256/2454-0595.2014.10.12419

Abstract:

DOI: 10.7256/2454-0595.2014.10.65554

Abstract: The article contains analysis of the legislation in the sphere of regional control (supervision) and practice of its implementation within the framework of administrative reform of the legislation. It is established that in the spheres of both the delegated competence and in the sphere of direct competence of the constituent subjects of the Russian Federation in the sphere of regional state supervision the legal regulation is implemented through the federal legislative acts. Regulation of the issues concerning organization of regional state control (supervision) in the constituent subjects of the Russian Federation is mostly implemented via by-laws and only five constituent subjects have adopted regional laws on these matters. In some constituent subjects of the Russian Federation the control competence is provided to the regional public institutions, which is against para. 1, 4 of Art. 2 of the Federal Law N. 294-FZ, and the conflict of laws should be dealt with. The article provides characteristic features of regional administrative supervision, its main definitions, value, history, functions, goals and practice of its implementation. The provided analysis of current normative legal acts in the sphere of regional state control (supervision) and practice of its application clearly shows the urgent need for its further improvement, which shall have a direct influence upon the results of the reform of the entire system of state administration. The list of types of regional state control, which are to be implemented by the executive bodies of constituent subjects of the Russian Federation is currently excessive. It may be supposed that it overwhelms the resources and management potential of the constituent subjects of the Russian Federation. That is why, it is proposed to develop measures in order to limit the types of regional control.

Keywords: administrative supervision regional administrative supervision, competence, objects of competence, regulation, administrative regulation, law, constituent subject of the Russian Federation, state government body, supervision.

DOI: 10.7256/2454-0595.2014.10.12297

Abstract:

DOI: 10.7256/2454-0595.2014.10.65555

Abstract: The article is devoted to the role and value of administrative law in the sphere of guaranteeing state security. The norms of administrative law are predominantly preventive, since the priority of preventive measures is one of the principles in the sphere of security guarantees, application of measures of administrative legal influence is capable of guaranteeing significant effect in the sphere of state security. Improving the level of administrative legal guarantees of state security may be illustrated with a number of examples, such as improvement of the legislation on the public service, activities of foreign NGOs and organizations involving foreign financing, more detailed regulation of the organization and holding of public events. Special attention is paid in the article to the issues of administrative activities of the Russian special services. The article is prepared based upon the studies of normative legal acts and legal practice in the sphere of guaranteeing public security with the use of historical and comparative methods for the scientific research. In this article based upon the analysis of various aspects of use of administrative legal instruments in the sphere of state security guarantees, the author makes a conclusion on the need for the further improvement of the administrative legislation on these issues. At the same time, application of the administrative measures should correspond both the principles of lawfulness and protection of human rights, as well as to the principles of viability of the decisions.

Keywords: administrative law, state security, administrative activity, public service, foreign organizations, public events, fighting terrorism, prophylactics, preventive activities, special services.

DOI: 10.7256/2454-0595.2014.10.12097

Abstract:

DOI: 10.7256/2454-0595.2014.10.65556

Abstract: The author of this article analyzes the topical problems regarding the choice of efficient methods for managing municipal property in Russia. The article reveals the main benefits of the various means of municipal administration, such as direct management, contract system, rent system, municipal concession. The author also discusses the main defects of the privatization of municipal property. The author substantiates the use of organizational, legal, economic and financial methods for managing municipal property. The author also compares the terms \"operative control\" and “economic control” in the activities of municipal unitary enterprises. The article involved the following scientific research methods: analytic method, formal logical method, method of comparison, method of generalization. The conclusion is that whatever the form of management is chosen by the municipal self-administration bodies, they should try to retain maximum manageability of property in their territories, however, one should not artificially preserve inefficient municipal property. When choosing the method for property administration one should take into account specificity of various branches of economy. It is also necessary that the measures regarding municipal property management are interrelated in the terms of their application and in respect to the resources involved. Once these conditions are satisfied, efficient management of municipal property can be achieved, and it shall facilitate both higher income from municipal property and social economic development of a municipal entity.

Keywords: municipal administration, municipal property, title to property, privatization, rent system, municipal concession, municipal economy, municipal enterprise, operative control, economic control.

DOI: 10.7256/2454-0595.2014.10.12091

Abstract:

DOI: 10.7256/2454-0595.2014.10.65557

Abstract: The medical waste, which appears in the process of medical and pharmaceutical activities, is potentially hazardous for both the persons working with medical waste and to the environment and health of general public. That is why the issues regarding destruction of waste of medical and prophylactic institutions are quite topical. The article provides theoretical and practical problems regarding responsibility of persons violating the procedure of disposal of the medical waste. The author provides comparative classification of waste depending on the degree of negative influence upon the environment, as provided for in the Federal Law of June 24, 1998 N. 89-FZ \"On Production and Consumption Waste\", as well as classification of medical waste, as provided for by the Federal Classification of Waste, approved by the Order of the Ministry of Natural Resources of the Russian Federation N 786 of December 2, 2002 for medical waste (hospitals and medical rehabilitation institutions). The author analyzes the issues of lawfulness of administrative responsibility of persons violating the procedure for treatment of the medical waste, organs not being competent to control over the compliance with the sanitary and epidemiological norms. The author applies comparative legal studies in order to single out differences and general patterns of development of legal matters. Comparative legal method becomes necessary for any scientific legal study, since with its help it becomes possible to develop proposals for the improvement of the current administrative law. Synchronic comparison (limited to short periods of time) involves Russian legal system (domestic comparison), allowing to provide general characteristics of the legal system. Normative comparison involves similar legal norms, legislative acts, terms, definitions, classification. Internal comparison mostly involved the level of the legal norms in the same sphere (mycro-comparison). Methodological basis for this work mostly involves comparative legal method of studies. The article singles out some problems regarding treatment of medical waste and administrative responsibility for the violations in the sphere of disposal of medical waste in Russia, as well as provides analysis of gaps and defects of the Russian legislation in this sphere, developing recommendations for the improvement of the Russian legislation on administrative legal regulation of turnover of medical waste. The issues of administrative legal regulation of turnover of medical waste and administrative responsibility in this sphere are rather topical, ever since the Federal Law “On the Environmental Protection” was amended in 2008. There is an obvious legislative shortcoming in the sphere of treatment of medical waste, causing the guilty organizations to avoid responsibility in this sphere. The absence of definition of “medical waste” legislative provisions of the issues of licensing in the sphere of turnover of medical waste and passports of medical waste, discrepancies between the classification of medical waste and classes of danger under the Federal Law “On Production and Consumption Waste” cause insufficient control regulation of this sphere, as well as incorrect treatment of medical waste. In turn, it allows the institutions avoid responsibility for the violations in the sphere of disposal of medical waste, and raises the level of risks of harming the environment, contamination and traumas among the population in general and employees of the health sphere in particular.

Keywords: waste, waste of medical prophylactic institutions, medical waste, classification of waste, licensing, passports, responsibility, turnover, collection of waste, transportation of medical waste.

DOI: 10.7256/2454-0595.2014.10.13014

Abstract:

DOI: 10.7256/2454-0595.2014.10.65558

Abstract: In the conditions of growing number of labor migrants searching for employment in the territory of the Russian Federation, the study of administrative offences in the sphere of violations of labor migration legislation becomes quite topical. The object of studies involves theoretical and practical aspects of functioning of the institution of administrative responsibility for the violations in the sphere of labor migration in the Russian Federation, namely, those related to the unlawful labor activities of a foreign citizen or a person without citizenship in the territory of the Russian Federation (Art. 18.10 of the Administrative Offences Code of the Russian Federation). Method and methodology of studies are based upon the accumulation of the general scientific and specific scientific means and methods used by the legal science in general, such as dialectic, historical, structural systemic, comparative legal, statistical, formal logical, analysis, systemic method. Generally, the work involves all of the cognition methods as a combination, while the priority is provided to the methods of comparative legal studies and analysis. The scientific novelty of this study is due to the fact that the author attempts to provide a comprehensive evaluation of administrative responsibility for the illegal labor activities by a foreign citizen or a person without citizenship in the Russian Federation. The article involves the key definitions in this sphere, the author provides analysis of the current situation in the labor migration legislation as well as administrative responsibility for its violations, noting the tendency for the stricter administrative responsibility, including higher fines.

Keywords: administrative responsibility, labor migration, foreign citizen, foreign workforce, permit to work, patent, employment, administrative deportation, administrative fine, administrative offence.

DOI: 10.7256/2454-0595.2014.10.13086

Abstract:

DOI: 10.7256/2454-0595.2014.10.65559

Abstract: The article is devoted to the topical issues within the system of legal relations in the sphere of procedural developments regarding administrative offences in the sphere of protection of copyright within the competence of the customs bodies within the framework of the Customs Union, as well as to the specific features of initiating of an administrative offence case under Art. 14.10 of the Administrative Offences Code of the Russian Federation in cases of unlawful use of trademark belonging to the third parties, problems regarding proving guilt of a person transferring counterfeit goods, as well as issues on improving interaction among the competent controlling bodies, both in Russia and in the Customs Union Member States. The scientific study is based upon the comparative and scientific methods of studies, and they are applied for the purpose of improvement of administrative proceedings in the sphere of copyright. Based upon the analysis of the social relations in the sphere of administrative offences cases regarding copyright protection within the competence of the customs bodies within the framework of the Customs Union, the author formulates proposals for the improvement of the legislation in the sphere of proceedings on administrative offences cases and interactions among the controlling bodies in this sphere. In order to achieve the goals mentioned in the Strategy in order do intercept the copyright offences, there is need for the harmonization of the legislations of the Customs Union Member States on administrative offences. There is also need to improve inter-departmental and international cooperation at the supranational level (that is, at the level of the Customs Union), for example, there may be created an unified information database of the documents of various controlling bodies interacting with the customs bodies of the Customs Union.

Keywords: administrative offence, protection of exclusive rights, copyright objects, the Customs Union, counterfeit products, title owner, trademark, similar goods, expert, transition.

DOI: 10.7256/2454-0595.2014.10.12458

Abstract:

DOI: 10.7256/2454-0595.2014.10.65560

Abstract: The article concerns legal and administrative fundamentals of administrative police activities within the framework of guaranteeing basic human rights and freedoms in the sphere of internal affairs. Attention is paid to the number of organizational and legal problems, which need to be resolved in order to improve efficiency and to guarantee optimum level of police activities for the purpose of guaranteeing basic human rights and freedoms. Improving the efficiency of administrative police activities shall allow to improve the quality of the police work in general, it shall also facilitate the improvement of the level of lawfulness and discipline in the activities of the police. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The problem of raising the level of efficiency of the administrative police activities is especially topical these days. It has to do with a number of problems appearing in the sphere of internal affairs, especially concerning guarantees of basic human rights and freedoms. The term “efficiency” includes various aspects, but it is traditionally understood as a situation when an optimum result is achieved with the minimal use of time, efforts and material resources. As it is noted in the scientific literature, the value of the term “efficiency” is due to the fact that it unites within a single complex matter the issues of social prerequisites for the legal norms, as well as the issues of their implementation, facilitating finding the most rational legal means, as well as the norms for their implementation.

Keywords: efficiency, effect, police, rights, freedoms, obligations, responsibility, criteria, method, form.

DOI: 10.7256/2454-0595.2014.10.12714

Abstract:

DOI: 10.7256/2454-0595.2014.10.65561

Abstract: The article concerns the main directions of legal regulation of dual jobholding in the internal affairs bodies. It is noted that currently the regime of dual jobholding in the internal affairs bodies requires legislative regulation. It is feasible to use foreign experience and to officially permit dual jobholding for the internal affairs officers in the commercial organizations on a condition that there are no conflicts of interests in the state service. It is possible to provide for a number of obligations in the sphere of dual jobholding: dual jobholding of internal affairs officers outside the MIA of Russia may only be permitted by the superiors of the internal affairs body; the employees cannot use the resources of the internal affairs bodies for the interests of their dual jobholding. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. The process of studies involved general philosophical, theoretical methods, as well as traditional legal methods, and methods specifically used in social studies. As for the labor legislation on dual jobholding, Art. 282 of the Labor Code of the Russian Federation provides that dual jobholding (secondary jobs) is when an employee performs other regular paid work on the conditions of the labor contract in his free time from the main job. The work of dual jobholders is regulated in more detail by Chapter 44 of the Labor Code of the Russian Federation. The main characteristic features of the dual jobholding are as follows: the employee has a main job (has a labor relation with an employer); he performs his secondary job in his spare time from his main job; his secondary job is based upon a separate labor contract.

Keywords: coercion, limitation, prohibition, policeman, police, officer, service, dual jobholding, corruption, dismissal. Administrative legal regimes and municipal self-government

DOI: 10.7256/2454-0595.2014.10.12288

Abstract:

DOI: 10.7256/2454-0595.2014.10.65562

Abstract: The article for the first time in the legal literature provides an attempt of the general theoretical analysis of the contents and elements of legal regime based upon advantages. The author analyzes views in legal literature on nature and contents of legal regimes, establishing special advantages for certain subjects (privileges, benefits), characterizing its elements. The author also studies goals, specific features of legal provisions, principles, guarantees of these legal regimes. Attention is paid to the problem of lawfulness of legal regimes, which are based upon the advantages for certain categories of legal subjects and possible departures from the principle of general equality of persons in court and under the law. The article involves various general scientific techniques and methods of logical cognition: analysis, synthesis, abstraction, modeling, systemic structural, functional, formal logical approaches. The special methods involve specific sociological and statistical methods, and specific scientific methods include formal legal method, comparative legal method and method of interpretation of legal norms. As a result of the studies the author offers her own definition of a legal regime based upon the privileges. It is defined as a special order or legal regulation of the social relations, which is expressed by a certain combination of legal means – permissions (subjective rights, lawful interests, advantages, privileges, immunities, benefits, etc.), guarantees and principles, which are aimed at the formation of the beneficial conditions for the satisfaction of the interests of legal subjects and achievement of the optimum social situation.

Keywords: legal regime, legal advantages, permissions, advantages, immunities, guarantees, regulation procedure, social situation, legal means, principles

DOI: 10.7256/2454-0595.2014.10.13056

Abstract:

DOI: 10.7256/2454-0595.2014.10.65563

Abstract: Development of economics and social infrastructure tends to corrode the state government and administration bodies first of all. Due to the predominant corruption among the state and municipal officials, the citizens are being pushed out from the spheres of free of charge obligatory services in the sphere of healthcare, education, social guarantees. Free of charge public educational, social and administrative services become paid for them. Corruption allows the offenders to avoid legal responsibility for their unlawful acts, making them feel impunity, and lowering the prestige of the judicial and law-enforcement bodies in particular, and government as a whole among the population, and causing the dangerous legal nihilism. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Growth of corruption, and more specifically, of bribery as its most socially dangerous form, is facilitated by various objective and subjective factors. However, many industrially developed foreign states have formed efficient systems of fighting corruption, and there is an atmosphere of zero tolerance towards this dangerous social matter among the population in general.

Keywords: corruption, offence, counteraction, bribe, intermediary, punishment, law, limitation, prohibition, standard. Administrative and municipal law and the environmental problems.

DOI: 10.7256/2454-0595.2014.10.12311

Abstract:

DOI: 10.7256/2454-0595.2014.10.65564

Abstract: In the process of organization and implementation of prosecutor supervision over the compliance with the legislation on administrative responsibility in the environmental sphere, it is first of all necessary to cover all of the scope of the competent government bodies and officials involved in administrative prosecution in this direction within the scope of such supervision, since these bodies and officials often violate the federal and regional legislation, casting a negative influence upon rights, freedoms and lawful interests of the persons, official and legal entities. Methodological basis for the study was formed with the general scientific, dialectic and specific scientific methods of cognition of social and legal events in the sphere of implementation and organization of prosecutor supervision over the compliance with the legislation in the sphere administrative responsibility for violations in the sphere of environmental protection. Analysis of the current legislation has shown that the system of government bodies implementing the legislation on administrative responsibility in the environmental sphere falling within the scope of prosecutor supervision has certain specific features, which is due to the distinction between the federal administrative offences and the offences provided for by the laws of the constituent subjects of the Russian Federation. The competence in the sphere of application of the said legislation is spread among the federal executive bodies (federal ministries, services, agencies), their territorial bodies and structural divisions, they are transferred to the executive bodies of the constituent subjects of the Russian Federation and municipal bodies according to the spheres of competence of the Russian Federation and its constituent subjects. The article provides a clear view on the system of government bodies applying the legislation on administrative responsibility in the environmental sphere, facilitating the due prosecutor supervision in the said sphere.

Keywords: prosecutor, supervision, administrative, responsibility, environmental, sphere, prosecutor, system, bodies, power.

DOI: 10.7256/2454-0595.2014.10.12142

Abstract:

DOI: 10.7256/2454-0595.2014.10.65565

Abstract: The article provides analysis of the environmental functions of the municipal self-government bodies according to the legislation of the Russian Federation and of the Komi Republic, namely, the environmental functions of the representative municipal bodies and competence of executive bodies of municipal entities, heads of municipal entities – head of the Administration of the City District. The object of studies is regulated in much detail in the current legislation. The author has analyzed the system of the specific environmental functions of the municipal bodies, as well as some problems appearing in the process of their implementation. The process of writing the article involved the following methods: philosophical (dialectic, metaphysical), general scientific methods applied at the empiric (observation, measurements, etc.), and theoretical cognition levels (idealization, formalization). The article also involved specific scientific cognition methods, such as comparative legal method, statistical and historical method). The study of specific environmental functions of the municipal bodies (representative bodies of certain municipal formations, executive municipal bodies) in the territory of the Komi Republic was held for the first time within this research. Agreeing with some legal scholars, the author makes a conclusion that among the main shortcomings of the current environmental legislation at the local level the main ones involve lack of flexibility and overlapping competences (in spite of the differences between the municipalities on the quantity of residents, financial, environmental elements, etc.) of the municipal self-government bodies.

Keywords: environmental functions, municipal bodies, the Komi Republic, competence, legislation of the Komi Republic, legislation of the Russian Federation, environmental doctrine, municipal environmental control, efficiency monitoring, public environmental council.

DOI: 10.7256/2454-0595.2014.10.13207

Abstract:

DOI: 10.7256/2454-0595.2014.10.65566

Abstract: The object of studies involves public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control. The goal of the study is to describe and to explain the contents of public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control. The immediate goals of the study involve: a) describing the contents of public hearings on the issues of fighting corruption as one of the forms of public control; b) to develop the scientific legal definition of public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control; c) to offer mechanisms for the implementation of the public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control. The methodological basis for the studies is based upon the dialectic materialism, and the general scientific methods of cognition used in the modern humanities. The scientific novelty is due to the fact that for the first time in the legal science the author offers a scientific legal definition of the public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control, discussing the contents of this legal category, offering procedural and technological mechanisms for the implementation of the public hearings on the issues of fighting corruption as a form of public control.

Keywords: corruption, fighting corruption, anti-corruption system, public hearings, public hearing, anti-corruption legislation, anti-corruption programs, hearings, public government bodies, civil society institutions.