DOI: 10.7256/2454-0595.2014.7.12258

Abstract:

DOI: 10.7256/2454-0595.2014.7.65172

Abstract: The article includes an attempt of analysis of normative legal acts regulating the procedure for the expression of initiatives of citizens and their independence in the sphere of implementation of their legal capabilities in the political and legal spheres. The presence of the said acts shows that the legislator agrees that the high level of legal activity of the people facilitates improvement of legislative quality, due regulation of the activities of the government bodies within the mechanism of legal regulation. The object of studies involves legal norms regulating manifestations of legal activities of the people, such as claims of citizens, public hearings, social control, participation of citizens in the preservation of the public order, public discussion, public initiative. In the process of studies the authors used general and specific scientific research methods (as well as special legal research methods: formal legal and comparative legal studies). The scientific novelty of the work is due to the development of a complex of theoretical provisions by the authors, substantiating the need to form clear legal algorithms and allowing the citizens to take part in the public administration matters, to interact with the government and to be heard by the government bodies. The article contains the conclusion that real possibility for the citizens of the Russian Federation to be legally active is a necessary condition for the efficient work of the state government and municipal bodies.

Keywords: legal activity, electronic democracy, public hearings, legal culture, preservation of public order, public control, public discussion, public initiative, general public, legal regulation.

DOI: 10.7256/2454-0595.2014.7.12289

Abstract:

DOI: 10.7256/2454-0595.2014.7.65173

Abstract: The ongoing objective processes in the life of the Russian state and society require development of many provisions in the Russian legal studies. Studying the administrative legal status of an official within the system of state service relations is one of such issues. There is a developed tradition in the sphere of studying the institution of public service in the Russian legal literature, both in the past and currently. However, there are no modern theoretical works devoted to the comprehensive studies of definition and contents of administrative legal status of an official. At the same time both in the theory of administrative law and in the administrative legislation there is a large number of topical issues regarding the legal provisions and regulation of administrative legal status of an official, having negative impact upon the practical activities of the officials of the state government bodies. 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.). One of the conditions for the formation of the rule-of-law democratic state in the Russian Federation is the presence of an efficient system of public administration. Economic situation in the state and the general well-being of the people both are significantly dependent upon the organization of administration of important spheres of social life. At the same time it cannot be doubted that efficiency of functioning of the public administration is defined by the organization of the state apparatus and the officials as its administrative cadres.

Keywords: status, person, official position, service, servant, official, function, influence, regulation, law.

DOI: 10.7256/2454-0595.2014.7.12222

Abstract:

DOI: 10.7256/2454-0595.2014.7.65174

Abstract: The article provides analysis of the problems of contents, elements and normative legal guarantees of financial state policy. The author points out the forks in the legislation regulating the issues of its formation and implementation. The author analyzes the goals of financial state policy, as provided for in the official documents, and then she provides generalized analysis. When analyzing the goals of financial policy the author pays special attention to the opinions of authoritative Western scholars. It allows to analyze the possibilities for the adaptation of the established goals to the Russian reality and to establish the level of their implementation. The multi-aspect character of the scientific object of studies required the combination of the dialectic and analytic cognition methods. The research involved logical approach, analysis and synthesis, method of graphic images, allowing for a comprehensive analysis of the said problem. As a result of the analysis of documents, directly or indirectly reflecting the financial policy of the state, the author notes, firstly, the need to provide at the legislative level for all key definitions, through definitions and categories, which are used in science and practical work. Secondly, she notes the need to coordinate goals and purposes of financial, budget and tax policy in a way which would exclude double regulation and ambiguous interpretations. Thirdly, there is need to formulate goals and aims of tax and budget policy in such a way so achieving these goals would facilitate implementation of the goals of the state financial policy.

Keywords: financial policy of the state, goals of the financial policy, targets of financial policy, tax policy, budget policy, financial relations, legislation, forks, public benefits, economic stabilization.

DOI: 10.7256/2454-0595.2014.7.12294

Abstract:

DOI: 10.7256/2454-0595.2014.7.65175

Abstract: The article is devoted to the analysis of one of the directions of the Russian international innovation cooperation, namely, interaction with the World Bank. The author concentrates on the substantiation of importance of integration of Russia into the efforts of the Bank in the sphere of promotion of knowledge and experience, which it has accumulated in the sphere of facilitating development of national innovative systems. Special attention is paid to the studies of the promotion policy of the World Bank for the innovative development of Russia within the context of due regard for the priorities of national innovative, social and economic policy. The article studies the forms of innovative cooperation and its institutional organization. Special place is provided to the characteristics of the expert activities of the Bank as an independent evaluator of the shortcomings of the Russian innovation policy. The author also pays much attention to the studies of the regional policy of the Bank in the sphere of innovations and application of its cluster policy in the Russian conditions. The author provides an overview of the results of innovative projects implementation. The article is based upon the comprehensive studies of the strategic documents, which serve as the basis for the cooperation between Russia and the Bank in the said sphere. The author also uses comparative method for characterizing, firstly, the stages of cooperation, and secondly, for revealing the possible perspectives. In addition the analysis structure involves use of the “knowledge base” concept and its implementation in the process of innovative cooperation between the Bank and Russia. The scientific novelty of the article is due to the systemic analysis of interactions between Russia and the World Bank in the sphere of innovations at the level of project activities and expert consultative activities. Based upon the analysis of current and planned projects the author draws a conclusion on the presence of an innovative elements in many of them. The article singles out the multi-sector approach of the Bank to the innovation development, which corresponds to the interests of Russia, involving innovative development of all of the social spheres. The author concludes that one of the perspectives of the said cooperation is the possibility for Russia to become an international donor for the organization of innovation development.

Keywords: international innovation cooperation, World Bank, innovative system, innovative community, expert activity, innovative projects, cluster policy, competitiveness, diversification of economics, human capital.

DOI: 10.7256/2454-0595.2014.7.10569

Abstract:

DOI: 10.7256/2454-0595.2014.7.65176

Abstract: The object of studies in this article involves social relations, which are formed in the process of application by the prosecutor of the provisions of the Administrative Offences Code of the Russian Federation regarding competence of prosecutors as participants in the administrative offences cases. The author analyses the meaning of the term “prosecutor” within the context of implementation by the prosecutors of the specific competences provided for them in the Administrative Offences Code of the Russian Federation both in the process of application of means of administrative influence by the administrative jurisdiction bodies and within the framework of participation of prosecutors in the proceedings on the administrative offence cases. The conclusion is made on the need to amend the current legislation, and the author provides specific phrasing for the innovations. In the process of analysis the author mostly applied logical method and method of comparative legal studies within the context of comparison of the norms of the Administrative Offences Code of the Russian Federation and the Federal Law “On Prosecution in the Russian Federation”. The scientific novelty of the article is due to the fact that the author has provided in-depth analysis of the norms of the Administrative Offences Code of the Russian Federation containing mentions of the Prosecutor as an official and corresponding norms of the Federal Law “On Prosecution in the Russian Federation”, since this term covers a rather wide range of prosecution officials. The immediate result of the study involves new phrasings for the provisions of the said legislative acts.

Keywords: prosecutor, prosecutor status, prosecutor competence, initiating a case, proceedings on a case, prosecutor supervision, protest on a decision, administrative prosecution, supervising prosecutor, administrative offence.

DOI: 10.7256/2454-0595.2014.7.12209

Abstract:

DOI: 10.7256/2454-0595.2014.7.65177

Abstract: The article concerns innovations in the administrative legal regulation of the international cooperation in the sphere of customs bodies of the Russian Federation in the administrative offence proceedings under the amended Chapter 29.1 of the Administrative Offences Code “Legal Aid on Administrative Offences Cases”. The author pays attention to the absence of legal definition of the term “legal aid on administrative offences cases”, that is why for the purpose of scientific studies of the definition of this term, the author analyzes the definitions of international legal aid and legal aid on criminal cases. The article also provides for the causes for the legislative provision of this form of international cooperation in the administrative offences proceedings. In addition, the author analyzes the specific features of provision of legal aid on administrative offences cases in regard to the activities of the customs bodies of the Russian Federation. The methodological basis for the study is formed with the dialectic materialism, and the system of general and specific scientific methods, which is based upon it, including: formal logical method, systemic method, method of comparative legal studies, etc. The author provides a definition of the term “legal aid on administrative offences cases”, offering to introduce into the scientific turnover the term “legal aid in the process of administrative offences proceedings by the customs bodies of the Russian Federation”. In addition based upon the study the author formulates the conclusion that provision of legal aid on administrative offences cases is an element of administrative process ( proceedings on administrative offences cases) in the activities of customs bodies of the Russian Federation.

Keywords: legal aid, international cooperation, provision of legal aid, customs bodies, administrative offences, reciprocal principle, international treaty, proceedings on a case, customs offences.

DOI: 10.7256/2454-0595.2014.7.12202

Abstract:

DOI: 10.7256/2454-0595.2014.7.65178

Abstract: The object of studies includes combination of legal norms, theoretical provisions and aspects of practical activity defining the principles of activities of customs bodies officials regarding evidence and proof in the administrative offences proceedings. The immediate object of the studies includes both the norms of administrative procedural law and the norms of material law regulating the relations, which appear in the relating regarding the movement of goods and vehicles through the customs border of the Customs Union. The theoretical basis for the study was formed with the provisions of the theory of proof, administrative process and other procedural branches of law, as well as of the customs law. The article also involves analysis of some aspects of law-enforcement activities of structural divisions and officials of the customs bodies, taking part in the process of proof on administrative offences cases. In the process of studies the author used dialectic method of scientific cognition, reflecting the interrelation between theory and practice, general theoretical methods: deduction, analysis, synthesis, analogy. The author also involved method of comparative legal studies. The issues regarding the principles of procedural proof in administrative offence cases within the competence of the customs bodies did not previously form an object for independent studies. The conclusions are as follows: the author provides classification of the administrative procedural proof with due respect to the specific features of administrative jurisdiction activities of the customs bodies — the adversarial nature of proof in administrative jurisdiction activities of the customs bodies in relation with the judicial proof (viewing the cases on concealment of goods from customs control under Art. 16.1 p.2 of the Administrative Offences Code of the Russian Federation), judicial challenging of decisions of the customs bodies on administrative offences cases; there is need to clarify the list of persons, for whom there are special conditions for the application of injunctions on administrative offences cases and administrative responsibility. It is also offered to amend the legislation in order to include the principle of fairness in part of making decisions on administrative offence cases. There is also need to widen the scope of competence of tax bodies for initiation and resolution of cases regarding violation of the procedure for the international automobile transportation through the state border of the Russian Federation. There is need to clarify the procedural status of the representative of an organization or an individual entrepreneur in the process of examination of premises and territories, as well as objects and documents there in the process of implementation of various types of state control (supervision) by the customs bodies, since the requirements to the evidence are analogous to those for typical evidence on administrative offences cases.

Keywords: process of proof, administrative jurisdiction process, violations of customs rules, principles of proof, adversarial procedure, evidence, customs bodies, customs control, administrative offences, customs work.

DOI: 10.7256/2454-0595.2014.7.12241

Abstract:

DOI: 10.7256/2454-0595.2014.7.65179

Abstract: The article contains analysis of the approaches towards definition and contents of the municipal democracy in Russia as well as the correlation between the municipal democracy and local self-government. The author also defines the forms of direct democracy, guaranteeing the most comprehensive participation of the people in managing the public life. The object of studies involves the municipal self-government bodies as the basis for the formation and development of the municipal declaration institutions, while the immediate object is the political connection of society within the framework of development of the rule-of-law state. The methodology of the topical studies involved analysis of the provisions of the Constitution of the Russian Federation, as well as comparison of the opinions of the legal scholars on these issues. Based upon the materials the author draws a conclusion that there is need to combine both declaration forms. Taking into account the above-said matter, the following conclusion is substantiated: the goal of municipal democracy as a mechanism for the implementation of municipal self-government is development of the rule of the people, spread of manifestations of civil initiative, involvement of the population of a municipal unit in the process of managing the local affairs. Citizens should have a right to implement municipal self-government in all of its elements, namely, in all of the municipal units where the people are resident and in all of the spheres of local life. The article may be of practical value in the legal studies and politics for the purpose of development of people’s rule, participation of citizens at the regional level in the active social life.

Keywords: local self-government, political norm, legal institution, rule-of-law state, representative democracy, municipal democracy, constitution, human rights, civil society, public government.

DOI: 10.7256/2454-0595.2014.7.12076

Abstract:

DOI: 10.7256/2454-0595.2014.7.65180

Abstract: It is noted in the monograph that basic constitutional human rights and freedoms require efficient implementation mechanisms, and without such mechanism their existence and legal enshrinement become a legal fiction. Efficient solution of the problems in the sphere of guaranteeing basic human rights and freedoms in Russia depends both at the efforts of the state and active participation of currently forming civil society institutions, assisting the public government bodies in resolving the most complicated problems in the sphere of basic human rights and freedoms. Topicality of the problem is also due to the fact that control is an inalienable part of any state at any stage of its historic development. Objective necessity of such an institution is clearly proven by the history of all types and forms of states. There is a clear dependency relation between sustainability and efficiency of public government and efficient control, including control by the general public. 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.). It should also be noted that the authors insistently substantiate the thesis that the efficiency problem is a complicated one and it attracts attention of both scholars and practitioners. The studies of legislation and scholarly sources assisted formulation of the definition of efficiency of public control as achievement of its goals and purposes, de-facto positive results of its implementation within the mechanisms of state and state policy (p. 138). This definition is connected with various factors, and it deserves support. The broad interpretation of efficiency provided for singling out types of control. Taking this criterion into consideration is quite valuable for the implementation of public control in Russia.

Keywords: control, general public, form, method, government, administration, people, individual, citizen, law.

DOI: 10.7256/2454-0595.2014.7.12275

Abstract:

DOI: 10.7256/2454-0595.2014.7.65181

Abstract: Administrative legal aspects of stay of foreign citizens in the territory of Russia traditionally draws attention of the modern researchers. However, the legal literature shows lack of works devoted to the comprehensive analysis of the relevant administrative legal regime. That is why, analysis of some tendencies of formation and development of the legislation on administrative legal regime of stay of foreigners in the territory of the Russian Federation is of interest for the researchers, since it allows to reveal the main historical development vectors of this administrative legal regime in Russia, to see the correlation between history and modern time, inevitably influencing the current legal accents in this sphere via the mechanisms of national legal socio-code and the national legal conscience. This article concerns the main stages of formation and development of the legislation on administrative legal regime of stay of foreigners in the territory of the Russian Federation, singling out some historic patterns of “pendulum-like” swings of vectors of the public administrative legal policy of the state in this sphere. In order to guarantee internal and external security, to protect its citizens from possible threats a modern sovereign state has a right to and is obliged to implement control over the foreign citizens staying in its territory in order to guarantee their compliance with the lawfulness and legal order. For this purpose the reasonable administrative legal regime for the stay of foreigners may be introduced, and it may be changed in accordance with the needs of the historical moment and the inherent interests of the state and its citizens.

Keywords: administrative legal regime, administrative legal status, foreign citizens, territory of Russia, formation of the legislation, stay, foreigners in Russia, “closing the borders” of the state, regulation, relations.

DOI: 10.7256/2454-0595.2014.7.12085

Abstract:

DOI: 10.7256/2454-0595.2014.7.65182

Abstract: The object of this study is the combination of norms of the Russian criminal, criminal procedural, tax, financial and other branches of law, regulating the protection of social relations, criminal responsibility for the corruption-aimed official crime, as well as the measures of special (criminological) prophylactics, which are aimed at abolition, weakening and neutralization of crime-generating factors, correction of persons, who may commit or have already committed such crimes. The article involves analysis of preventive measures in the sphere of fighting corruption with the consideration of the criteria influencing their efficiency and perspectives. The methodological basis involved the general research methods for corruption-aimed official crimes as social-legal manifestations. The work involved general scientific methods: deduction and induction, analysis and synthesis, as well as specific scientific methods of studies: comparative legal method, systemic structural method and statistical method. The scientific novelty involves scientific substantiation by the authors of the need to develop preventive measures in the sphere of fighting corruption crime. The authors attempt to reveal a number of topical aspects of preventive ( prophylactic) measures, providing substantiated statements and proposals for the improvement of legal norms for the minimization and abolition of corruption elements in the modern society.

Keywords: corruption, preventive measures, fighting corruption, prophylactic activity, corrupt official, criminological prophylactics, legal norms, improvement, corruption elements, officials.

DOI: 10.7256/2454-0595.2014.7.11463

Abstract:

DOI: 10.7256/2454-0595.2014.7.65183

Abstract: The goal of this article is constitutional legal analysis of the equality principle and finding out its place within the doctrine of Russian constitutionalism. The article concerns various points of view of the Russian constitutional law scholars on the issues of understanding legal nature of the principle of equality. The author studies various aspects of this principle: legal equality (equality of rights), formal and de-facto rights. The principle of equality is studied in its systemic interrelation with the definitions of right (objective and subjective), freedom and justice. When writing this article the author used the following general theoretical and special scientific cognition methods: analysis, synthesis, logical, systemic-structural approaches; method of analytic interpretation of the legal norms. Their application has allowed to study the principle of equality in its interrelations and interdependencies, to uncover certain tendencies and to formulate generalizations. The formal legal method had its independent value, since it has allowed to apply the rules of legal technique and formal logic in order to analyze the doctrinal views of the constitutional legal scholars of the principle of equality and their implementation in the normative sources. As a result of the study the author makes a conclusion that the idea of equality is one of the key values in constitutionalism, and its formalized character as a constitutional principle of equality of rights presupposes supreme legal value, direct application and state guarantees. Additionally, the author established that the legal doctrine presents constitutionalism as a comprehensive system of values, existing in natural unity, and presupposing the interconnection between the guarantees of the constitutional equality principle and the level of development of constitutionalism in general. The conclusions drawn by the author may be applied in the course of further scientific research in the sphere of constitutional law as well as in the teaching process for the studies of constitutional law of the Russian Federation.

Keywords: formal equality, de facto equality, constitutional principle, constitutionalism doctrine, legal equality, basic rights, justice, subjective right, objective right, basic freedoms.

DOI: 10.7256/2454-0595.2014.7.12246

Abstract:

DOI: 10.7256/2454-0595.2014.7.65184

Abstract: The Russian higher education institution face a problem of introduction of innovations in the conditions of the forming innovative type of economics, since such innovations are capable of making the higher education institutions more competitive and forming of the national competitiveness. The modern education system is constantly being reformed and renewed lately. At least, there is a lot of taking and writing about it. The agenda involves destruction of both technical education and the education in the sphere of humanities and the crisis is obvious. The linear and sometimes spasmodic reform of higher education in Russia is supposed to bring the positive results in the end. However, its random character, lack of expert basis in the cases of uniting various higher education institutions for the formation of federal, national or research university cause problems, since this classification lacks sufficient basis and it is not likely to bring constructive results. In the course of scientific study of the problem of formation of the cluster system of higher education in Russia today the authors used modern general and special scientific cognition methods, namely: analysis, synthesis, systemic, sociological, historic legal, axiomatic methods, methods of comparative legal studies, document analysis, etc. Their application in combination with the latest achievements of the legal, philosophical, political and sociological thought has allowed the authors to reveal and analyze social and legal nature of the institution of education being part of culture, and also to find out the main directions of the modernization of the higher education institution in the Russian Federation. The nature of the offered reforms is the formation of the cluster system of higher technical education in Russia. Generally the enlargement of higher education institutions should be approved, however, this process needs to be corrected. The higher education institutions should be formed within cluster systems, where enlarged specialized higher education institutions should become parts of united technological project within the framework of innovative economy for the purpose of uniting all of the stages of scientific cognition and production, such as a) growing the knowledge base and guaranteeing the global level of scientific research and studies in the sphere of break-through technologies by development of university as a research center implementing efficient integration of education and scientific research; b) writing specific educational programs, on which the education of future professional shall be based, as well and organizing the dialog with the key employers, including polling, holding seminars, conferences and expert group meetings; c) reproduction of highly professional cadres (for specific types of production and specific workplaces), which would provide for the formation and distribution of competitive technologies. It seems that the analogous system of cluster higher education institutions may be used for teaching in the agricultural sector. For example, there may be formed agricultural higher education institutions specialized in plant production, food industry, cattle breeding, milk-and-meat industry, textile higher education institutions for the apparel industry, and leather shoes and apparel industry. All of the said higher education institutions may be formed for the same purpose, for which the mining and metallurgy academies are formed. At the same time it may be possible to preserve precious elements in the higher education institutions: their scientific and teaching potential, that is, the scientific schools, which formed for many decades and which are efficiently working thanks to their basis.

Keywords: education cluster, higher education, cluster reform, research university, higher technical education, education reform, national university, higher technical education, education reform, national university, mining university, agricultural higher education institution, innovations in education.