Abstract: Several decades have passed since the beginning of the process of privatization in Russia, but the disputes are still taking place about its legitimacy, reasonability and legal consequences. The topic of privatization is becoming even more important within the discussions of its “second wave”. Privatization today is aimed at reduction of the state role in market processes, decrease of the state property, and involvement of additional funds into the budget. This article is devoted to a brief analysis of the problem mentioned. The methodology of the article is based on the general scientific and the special scientific methods of social processes cognition. The author uses the system-structural, comparative-legal, historical, logical, and formal-logical approaches. The use of these approaches allowed the author to study the problem in coherence, consistency, comprehensively and objectively. The importance of this problem consists of the fact that the modern legal regulation should conform to the changing legal relationship and take into consideration the former mistakes. But at present the issues of privatization are regulated by the normative acts which had been adopted more than ten years ago, and the state policy in this sphere practically has not changed.

Keywords: privatization, legality, state regulation, state property, municipal property, mortgaging auction, competition, monopoly, property management, protection of competition.

DOI: 10.7256/2454-0595.2015.1.12701

DOI: 10.7256/2454-0595.2015.1.65986

Abstract: The enhancement of legislation, regulating the work of joint stock companies, should be carried out on the base of regulations, functioning in the states of the European Union; and Russia’s joining the World Trade Organization and the Eurasian Economic Union dictates the necessity of development and enhancement of administrative-legal status of joint stock companies. Nowadays there is a necessity of defining of the category of a collective subject of administrative law, and working out of a system of effective administrative-legal measures of influence on joint stock companies’ activities directly. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations, etc.). The revelation of essential and distinctive features of joint stock companies as juridical persons, the consideration of typical features of joint stock companies as juridical persons, the analysis of the existing ways of joint stock companies management and their disadvantages will allow carrying out a thorough examination of “Administrative-legal regulation of joint stock companies’ activities”. The process of administrative-legal regulation presupposes the existence of two sides: legal regulation subject and legal regulation object.

Keywords: management, society, share, shareholder, status, security, regulation, method, state.

DOI: 10.7256/2454-0595.2015.1.12753

DOI: 10.7256/2454-0595.2015.1.66032

Abstract: The article reveals the peculiarities of persuasion as a means of citizen’s rights and freedoms protection, touches upon the constructive features of persuasion, and the forms of its use by the police. The author outlines the logical interconnection of administrative persuasion and coercion, proves the necessity of use of these ways of influence in interconnection. Legal and organizational problems of methods of persuasion and coercion in the police activities are studied. The article considers the problem of administrative constraint measures legality provision. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods, dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods and the methods which are used in special sociological research. In the sphere of internal affairs for provision of legality and law and order various legal and organizational measures are used, which have different impacts on the participants of relations. The choice of method of public relations regulation depends on their participants’ places and roles in organization of social reality management, their aims and goals, and legality or illegality of their behavior. The methods of persuasion and coercion are traditionally used in administrative relations.

Keywords: persuasion, coercion, constraint, the police, method, influence, the police officer, rights, freedoms, responsibilities.

DOI: 10.7256/2454-0595.2015.1.13455

DOI: 10.7256/2454-0595.2015.1.66033

Abstract: It is noted in the article that administrative prohibitions in the mechanism of legal regulation are various, they can serve as components of legal regulation, promote the protection of human and civic rights and the strengthening of legality and discipline in the system of public administration, and prevent corruption. In spite of the social importance of administrative prohibition institution as a protective means in the mechanism of legal regulation, unfortunately, it has not been evaluated properly yet. Therefore, the importance of the article is undoubted. The subject of the research is administrative-legal prohibition. Moreover, the article reveals its protective component, which is of a big social importance. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations, etc.). The urgency of the article can also be explained by the fact, that the existing situation of public relations protection is conditioned by both objective and subjective circumstances. Therefore, the analysis of administrative prohibition in the system of legal regulation is important for administrative legislation enhancement. In conclusion it is noted that the study of administrative prohibition is also important for the protective function of the state, since administrative prohibitions dialectically correlate with other elements of law enforcement.

Keywords: protection, prohibition, constraint, coercion, regulation, state, method, means, personality, function.

DOI: 10.7256/2454-0595.2015.1.13843

DOI: 10.7256/2454-0595.2015.1.66034

Abstract: The research subjects are legal and organizational methods of combating raider takeovers. It is noted that this problem undermines economic security of the Russian Federation, creates problems for the development of Russian business and industry. The research object is the sphere of social relations which occur in connection with combating raider takeovers. This article considers penal and administrative-legal means of combating raider takeovers, and the special attention is paid to the enhancement of law-enforcement bodies activities in the sphere in question. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the theoretical, general philosophical methods, and the methods which are used in special sociological research. The problem in question is being solved neither in theory, nor in practice. It is noted that in Russia the wide spread practice of raider takeovers, based on illegal and administrative coercion, is a serious problem of the state level and needs urgent measures of legal and organizational character. The originality of the research consists of the particular suggestions of anti-raider legislation enhancement.

Keywords: raider, raider takeovers, property, takeover, responsibility, coercion, the police, crime, development, Code of administrative offences.

DOI: 10.7256/2454-0595.2015.1.12904

DOI: 10.7256/2454-0595.2015.1.66035

Abstract: The development of administrative legislation has led to the formation of detached branches of Russian legislation – financial, tax, budget, and tariff. Therefore, the corpora delicti of corresponding crimes were included in the codified legal acts – Budget Code of the Russian Federation, Tax Code (chapter 1). This article is aimed at carrying out of comparative analysis of regulations, introducing juridical responsibility for offences in budget sphere, provided by Code of Administrative Offences and Budget Code of the Russian Federation; and at formulation of particular ways of state coercive measures regulation as they are provided by the existing legislation. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods, dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations, etc.). The authors of the article fully share the point of view that has formed in Russian science of administrative law about the administrative legal nature of budget enforcement measures, which are applied by “financial institutions and institutions of the Federal Treasury (their officials) on the grounds of notification about budget enforcement measures application by the body of state (municipal) financial control” (art. 306.2 part 1 BC of the Russian Federation). Study of the problem of correlation of budget and administrative enforcement measures seems to be of a big importance. Budget enforcement measures are provided by part 2 article 306.2 of Budget Code of the Russian Federation.

Keywords: corpus delicti, responsibility, enforcement, sanction, constraint, administration, prohibition, finances, object.

DOI: 10.7256/2454-0595.2015.1.13116

DOI: 10.7256/2454-0595.2015.1.66036

Abstract: The article is devoted to criminological research of organized fraud. The functional, system, social and economic analyses, widely used today, are very important for the study of this kind of organized crime, but the authors conclude, that criminological research should not be substituted by these methods. The authors suppose that the evaluation of organized crime through the complex of group crimes can’t be considered appropriate. In this case organized crime loses its distinctness and turns into some kind of a “drain”, where all the crimes committed by organized groups of people concentrate. When using this approach it is hard to define the essential features of organized criminal activity. Though the article gives preference to the criminological approach to organized crime study, the authors also consider its disadvantages lying in “axiologization” and “demonization” of organized crime. On the base of the comparative-legal method the authors analyze a wide range of archive materials, scientific literature, materials of Mass Media. The use of the formal-juridical method helped in formulating of authors’ definitions. The authors also use the statistical method of organized crime research. The most comprehensive and substantial approach is the criminological approach to organized crime defining. Depending on the amount of analysis criteria, the narrow and the wide meanings can be defined. While the wide meaning covers the activity of stable organized groups and criminal communities, the narrow one covers only criminal communities. The need for generalization and systematization of knowledge about various types of organized crime doesn’t allow limitation of its sphere only to criminal communities’ activities, or to the complex of crimes committed by them. In the considered context organized fraud correlates with organized crime as a part and the whole.

Keywords: organized fraud, criminology, combating, crime, dynamics, prevention, community, abuse.

DOI: 10.7256/2454-0595.2015.1.13682

DOI: 10.7256/2454-0595.2015.1.66037

Abstract: It is noted in the article that in the process of their activity the bodies of Internal Affairs (the police) execute a wide range of administrative functions, entering into special jural relations with citizens, state and public organizations and their officials. The article reveals the character of administrative functions realized by the Internal Affairs bodies. The article offers the classification of rights and responsibilities of the police, which gives the opportunity to reveal the essence and the contents of their activities; on the base of the research the author formulates suggestions of the mechanism of rights and responsibilities of the police execution. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general theoretical and philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations, etc.). It is noted in the article that among the competencies of the police are: protection of personality, society, and state from illegal entrenchments; prevention and constraint of crimes and administrative offences; proceedings of administrative offences cases; execution of administrative punishment; provision of law and order in public places; provision of road safety, etc.

Keywords: the police, the Ministry of Internal Affairs, status, rights, responsibilities, realization, the Internal Affairs bodies, force, coercion, law and order.

DOI: 10.7256/2454-0595.2015.1.14058

DOI: 10.7256/2454-0595.2015.1.66038

Abstract: The research subjects are legal and organizational problems of formation and realization of legislation in the sphere of government service in the Internal Affairs bodies of the Kyrgyz Republic. The research object is the complex of social relations, which are regulated by norms of administrative law, which emerge in the sphere of Internal Affairs. The author considers the basic elements of the government service institution which functions in the bodies of Internal Affairs of the Kyrgyz Republic, and pays attention to combating corruption. The article also touches upon the problem of work with human resources in the Internal Affairs bodies, and the problem of favouritism eradication in the government service system of the Internal Affairs bodies. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods, and the methods which are used in special sociological research. The author concludes that the legal grounds of the government service in the Internal Affairs bodies of the Kyrgyz Republic are closely connected with the corresponding legal grounds which have been formed in the Russian Federation in the sphere of this kind of government service. The author is the first who considers this kind of government service in this country. The article can serve as a base for a more thorough research of government service of the CIS member-states.

Keywords: service, Kyrgyz Republic, the police, management, officer, official, the Ministry of Internal Affairs, sphere, corruption, regulation.

DOI: 10.7256/2454-0595.2015.1.13929

DOI: 10.7256/2454-0595.2015.1.66039

Abstract: The author analyzes the administrative proceedings of public authorities in the sphere of cultural heritage in some particular cases (harmonization of projects, licensure of preservation works, carrying out historical-cultural expertise, organization of state protection) and the procedure of appeal against these proceedings. The article reveals the essential problems of the process of appeal (legal expertise), of the legislation in the sphere of cultural heritage objects (relating to regulation of particular actions), of the competencies of the authorized bodies (including the abuse of authority). The author uses the general scientific methods: from the abstract to the concrete, induction, deduction, analysis, synthesis, the comparative-legal method, the system approach. The scientific originality is based on the very formulation of the problem in this sphere, in carrying out of the comparative analysis of the existing legislation and the judicial and administrative practice of this legislation application and in the solutions suggested: the necessity of legal expertise in such cases, the prohibition of substitution of the authorized body by the court, the shortening of the list of “discretionary” authorities of a public body, and of the legislative support of some terms.

Keywords: cultural heritage object, appeal, administrative procedure, discretionary authorities, corruption factor, historical- cultural expertise, preservation works, inclusion in the list, subject of protection, restrictions/burdens.

DOI: 10.7256/2454-0595.2015.1.13250

DOI: 10.7256/2454-0595.2015.1.66040

Abstract: The article is devoted to the study of extremist motives as a constructive feature of the offences against the person. The authors suggest enhancement of the legislation and qualification of these offences. There is no common approach in the juridical practice to understanding of terms “hostility” and “hatred”, though the authors note that these terms are used in Russian legislation as synonyms. “Hostility” is usually defined in the Russian language as relationships and actions full of aversion, hatred – the filling of a strong hostility, anger. The authors prove that the notion “hostility” is broader that the notion “hatred” and includes some other feelings. In their research work the authors used the complex of the general scientific and special methods of social and legal reality cognition. The methodological base includes the dialectic method with its distinctive requirements of objectivity, universality, historicity, objectivity of truth. Among the general scientific methods the authors used the methods of analysis, synthesis, comparison, and measurement. As a special scientific method the authors used the comparative legal method. The originality of the research is based on the attempt to reveal the essence of the notion “social group”, the absence of which complicates law-enforcement and impedes practice unification. A high social danger of homicide motivated by hostility or hatred for a social group occurs only if a social group which a victim belongs to is united by national, racial or religious features.

Keywords: extremism, terrorism, prevention, combating, violence, law, Criminal Code of the Russian Federation, punishment, influence, coercion.

DOI: 10.7256/2454-0595.2015.1.12226

DOI: 10.7256/2454-0595.2015.1.66041

Abstract: The Decree of the President of Russia of 11.04.2014 №226 “On the National Plan of Combating Corruption for 2014 – 2015” formed the topical problems of scientific research for 2014 – 2015 years. One of them is a formation of a system of bans, restrictions and responsibilities, also in relation to commercial organizations, aimed at combating corruption. From the viewpoint of security measures this article considers the anti-corruption restrictions imposed on a former commercial organization employee who continued in a government body. The author uses the general scientific and the special methods of cognition: analysis, synthesis, modeling, the formal-logical method, the system-structural method, and the statistical and sociological methods. According to the existing legislation there can appear a situation when a manager of a commercial or another organization, which has been noticed using the corruption methods (the very organization, or its employees have been mage answerable for corruption offences), can without any restrictions apply for an executive position in a state or municipal authority. It is supposed that public service doesn’t change person’s behavior or code of conduct. In this case the state as an employer, having received the information about the previous offences or illegal activities of a job applicant, should have the guarantees of honesty of the applicant on a public service. At the moment in order to prevent getting jobs by dishonest persons the employer can use the institution of the manager’s responsibility for the organization’s actions. It is suggested amending the Law on Combating Corruption with the article 12.6 “Restrictions imposed on a person getting job in a state or a municipal service who had worked as a manager in a commercial or a non-commercial organization which was made accountable for corruption offences”.

Keywords: prevention on organizations, combating corruption, organization manager, public service, municipal service, security measures, system of restrictions, the Decree of the President of Russia of 2014 – 2015, private sector, responsibility of organization manager.

DOI: 10.7256/2454-0595.2015.1.13956

DOI: 10.7256/2454-0595.2015.1.66042

Abstract: The article considers the basic principles of anti-corruption expertise of normative legal acts, their essence and the problems of application. The article analyzes the difficulties with specification of education and competency requirements of the professionals carrying out the anti-corruption expertise of legal acts, and evaluation of a normative legal act in its connection with other normative acts. The author considers the requirement of sufficiency, objectivity and verifiability of anti-corruption expertise results. The article raises a problem of possibility of cooperation between independent experts and public authorities during anti-corruption expertise carrying out. The article studies the problems of application of anti-corruption expertise principles application, and offers the ways of solution. The author uses the method of textual analysis of legislative enactments, the dialectical-materialistic method of scientific cognition, the methods of social-legal research (the comparative legal method), and the formal logical method. The author concludes that the principles of anti-corruption expertise should regulate anti-corruption expertise carrying out, set the frameworks and the character of functioning for the developers of normative acts and the experts. The conclusions made will facilitate the development of anti-corruption policy.

Keywords: anti-corruption expertise, normative legal acts, principles of carrying out, obligatoriness, sufficiency, objectivity, verifiability, independent experts, cooperation, bodies of executive power.

DOI: 10.7256/2454-0595.2015.1.14039

DOI: 10.7256/2454-0595.2015.1.66043

Abstract: The problem of normative legal acts improvement is urgent for every sphere of a modern law-making. It entirely concerns the regulation of Russian lending organizations. One of key ways of this problem solution is the enhancement of expertise of legal and normative acts projects. At the same time the types of normative legal acts expertise which are being used today, are solely the kinds of a state expertise. In relation to bank legislation, in our opinion, they should be supplemented with a very important institution of a public expertise. In this article the author uses the institutional approach to the analysis of a public expertise essence. Within the limits of this approach the author uses the methods of the comparative, structural, and system analysis. The author concludes that the most proficient institutes which are able to carry out the public expertise of normative legal acts in the bank sphere are the Civic Chamber of the Russian Federation and the Interregional Banking Board at the Council of Federation of the Russian Federation. The author formulates the set of proposals for development of the institute of pubic expertise of normative legal acts in the bank sphere.