DOI: 10.7256/2454-0595.2015.12.17041

Abstract: The object of the research is a range of theoretical and practical problems of anti-corruption expertise of normative legal acts and draft laws. The subject of the research is the Federal Law “On the free port of Vladivostok” regulating the issues of creation and functioning of the special economic zone. The author examines the law’s provisions establishing the legal status of the authorized federal body, the observation council, the management company and the residents of the free port of Vladivostok, and assesses their susceptibility to corruption. The author applies the methodology of anti-corruption expertise introduced by the current Russian legislation. The specificity of the research determines the use of the systems analysis, the formal logical method and the comparative-legal method. The author concludes that it is necessary to extend the list of corruptogenic factors used in the methodology of anti-corruption expertise by adding such factors as the existence of provisions about the liability of authorized bodies and realization of the state interests. The Federal Law “On the free port of Vladivostok” contains a large number of corruptogenic factors which provide opportunities for abuse by potential corruptionists leaving them unpunished. 

DOI: 10.7256/2454-0595.2015.12.67145

Abstract: The object of the research is a range of theoretical and practical problems of anti-corruption expertise of normative legal acts and draft laws. The subject of the research is the Federal Law “On the free port of Vladivostok” regulating the issues of creation and functioning of the special economic zone. The author examines the law’s provisions establishing the legal status of the authorized federal body, the observation council, the management company and the residents of the free port of Vladivostok, and assesses their susceptibility to corruption. The author applies the methodology of anti-corruption expertise introduced by the current Russian legislation. The specificity of the research determines the use of the systems analysis, the formal logical method and the comparative-legal method. The author concludes that it is necessary to extend the list of corruptogenic factors used in the methodology of anti-corruption expertise by adding such factors as the existence of provisions about the liability of authorized bodies and realization of the state interests. The Federal Law “On the free port of Vladivostok” contains a large number of corruptogenic factors which provide opportunities for abuse by potential corruptionists leaving them unpunished. 

Keywords: national interest, management company, resident, free port, special economic zone, draft law, anti-corruprion expertise, corruption, liability, corruption factor

DOI: 10.7256/2454-0595.2015.12.17031

Abstract: The subject of the research is a sphere of social relations of groups of citizens in their legal sense. The object of the research includes rights of citizens as the elements of the society in the countries of Latin America. The author examines such aspects of the topic as the rights of the most vulnerable groups of citizens in the period of transformation of economic structures. Special attention is paid to religious factors including the transformation of a specific religious weight in the countries of Latin America in the last 20 years. The author applies the system tridimensional analysis, based on the principles of deductive-inductive methodology, described in the scientific works in the field of jurisprudence, using the example of Latin America. The author derives the results about a significant differentiation of rights of Latin American citizens depending on different social strata, and the increase of these differences during the late 20 years. The author’s special contribution is the consideration of a religious factor in the development of the society and the evolution of a confessional feature. The novelty of the research lies in the consideration of issues of collective rights from the position of sociological, legal and political sciences. 

DOI: 10.7256/2454-0595.2015.12.67146

Abstract: The subject of the research is a sphere of social relations of groups of citizens in their legal sense. The object of the research includes rights of citizens as the elements of the society in the countries of Latin America. The author examines such aspects of the topic as the rights of the most vulnerable groups of citizens in the period of transformation of economic structures. Special attention is paid to religious factors including the transformation of a specific religious weight in the countries of Latin America in the last 20 years. The author applies the system tridimensional analysis, based on the principles of deductive-inductive methodology, described in the scientific works in the field of jurisprudence, using the example of Latin America. The author derives the results about a significant differentiation of rights of Latin American citizens depending on different social strata, and the increase of these differences during the late 20 years. The author’s special contribution is the consideration of a religious factor in the development of the society and the evolution of a confessional feature. The novelty of the research lies in the consideration of issues of collective rights from the position of sociological, legal and political sciences. 

Keywords: Jurisprudence, Columbia, Positivism, The twentieth century, Spain, Latin America, collective rights, science of law, New movements, Civil law

DOI: 10.7256/2454-0595.2015.12.15304

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic realities. The author carries out theoretical and legal analysis of the concepts of bank and the Central Bank from the position of administrative-legal regulation of banking in Russia. The article presents the author's positions on the concept and functions of the Central Bank. The main attention is paid to the development of methods of administrative and legal impact on the entities involved in banking. In addition, the article presents theoretical and legal analysis of functions of the banking system as a form of administration of banking operations by the Bank of Russia. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis of the article comprises recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), as well as the methods used in special sociological researches (statistical methods, expert evaluations, etc.).The author concludes that recently, in order to provide legality in the banking system, it is necessary to improve forms and methods of administrative-legal impact on commercial banks and other lending agencies on the part of the Central Bank of the Russian Federation. The main contribution of the author is the conclusion about the need for development of banking law in its public component. The novelty of the article consists in the proposals for the development of forms of regulatory activity by the Bank of Russia and the establishment of legal and institutional guarantees of legality in the banking system of our country.

Keywords: the Bank, credit, organization, the regulator, right, function, impact, Finance, money, treatment

DOI: 10.7256/2454-0595.2015.12.67147

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic realities. The author carries out theoretical and legal analysis of the concepts of bank and the Central Bank from the position of administrative-legal regulation of banking in Russia. The article presents the author's positions on the concept and functions of the Central Bank. The main attention is paid to the development of methods of administrative and legal impact on the entities involved in banking. In addition, the article presents theoretical and legal analysis of functions of the banking system as a form of administration of banking operations by the Bank of Russia. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis of the article comprises recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), as well as the methods used in special sociological researches (statistical methods, expert evaluations, etc.).The author concludes that recently, in order to provide legality in the banking system, it is necessary to improve forms and methods of administrative-legal impact on commercial banks and other lending agencies on the part of the Central Bank of the Russian Federation. The main contribution of the author is the conclusion about the need for development of banking law in its public component. The novelty of the article consists in the proposals for the development of forms of regulatory activity by the Bank of Russia and the establishment of legal and institutional guarantees of legality in the banking system of our country.

Keywords: money, finance, impact, function, law, regulator, organization, credit, Bank, circulation

DOI: 10.7256/2454-0595.2015.12.15400

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of the modern economy. The author carries out theoretical and legal analysis of concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author carries out theoretical and legal analysis of the concepts of development of law and economics in modern conditions. The article presents the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical) and the methods used in special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present, in order to provide legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the Russian economy. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of the economy. The novelty of the article consists in the proposals about the development of forms and methods of government regulation of the economy and the provision of legal and organizational guarantees of legality in the Russian economy.

Keywords: the principle, economy, economic, space, regulation, implementation, freedom, control, competition, monopoly

DOI: 10.7256/2454-0595.2015.12.67148

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of the modern economy. The author carries out theoretical and legal analysis of concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author carries out theoretical and legal analysis of the concepts of development of law and economics in modern conditions. The article presents the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical) and the methods used in special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present, in order to provide legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the Russian economy. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of the economy. The novelty of the article consists in the proposals about the development of forms and methods of government regulation of the economy and the provision of legal and organizational guarantees of legality in the Russian economy.

Keywords: freedoms, implementation, regulation, space, economic, economy, principle, control, competition, monopoly

DOI: 10.7256/2454-0595.2015.12.17075

Abstract: The article studies the peculiarities of introduction of civil activity principles on the local level; analyzes the federal, regional and municipal legal acts regulating local civil institutions. The topicality of the issue is undoubtful as in the modern conditions of functioning of the Russian state and local governments the effective public control over all levels of public and local authority is necessary. The author not only suggests particular theoretical ideas, but also offers concrete legislative formulations for Russian legislation; the author formulates specific amendments and legislative novels concerning intensification of interaction of local population, civil society institutions and municipal authorities. The methodology of the research includes general philosophical and special methods of cognition (dialectical, the systems method, analysis, synthesis, induction, deduction, the comparative-legal method, the formal-legal, system-functional, statistical and theoretical-prognostic methods). Municipal legislation contains special mechanisms stimulating local civil activity; moreover, these mechanisms are adapted to the conditions of a particular territory, municipality, and local peculiarities. Nevertheless, legitimation of public commissions under local authorities by Russian regional governments, adoption of special programmes of support of social civil society institutions on a competitive basis, and development of information grounds of local governments can intensify civil society institutions’ and citizens’ activity in the work of local government. 

DOI: 10.7256/2454-0595.2015.12.67149

Abstract: The article studies the peculiarities of introduction of civil activity principles on the local level; analyzes the federal, regional and municipal legal acts regulating local civil institutions. The topicality of the issue is undoubtful as in the modern conditions of functioning of the Russian state and local governments the effective public control over all levels of public and local authority is necessary. The author not only suggests particular theoretical ideas, but also offers concrete legislative formulations for Russian legislation; the author formulates specific amendments and legislative novels concerning intensification of interaction of local population, civil society institutions and municipal authorities. The methodology of the research includes general philosophical and special methods of cognition (dialectical, the systems method, analysis, synthesis, induction, deduction, the comparative-legal method, the formal-legal, system-functional, statistical and theoretical-prognostic methods). Municipal legislation contains special mechanisms stimulating local civil activity; moreover, these mechanisms are adapted to the conditions of a particular territory, municipality, and local peculiarities. Nevertheless, legitimation of public commissions under local authorities by Russian regional governments, adoption of special programmes of support of social civil society institutions on a competitive basis, and development of information grounds of local governments can intensify civil society institutions’ and citizens’ activity in the work of local government. 

Keywords: local government, local population, civil activity, civil society institutions, municipal legal act, Civic Chamber, official website, democracy, the Internet, legitimacy

DOI: 10.7256/2454-0595.2015.12.15583

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of juvenile delinquency prevention. The author carries out theoretical and legal analysis of juvenile delinquency prevention from the position of administrative-legal regulation of this process. The article analyzes the activities of internal affairs bodies (police) in prevention of administrative offences committed by minors. The author considers the possibility of use of pedagogical prevention with the set of its measures by internal affairs bodies.The methodology of the research includes recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in special sociological research (statistical method, expert assessments, etc.).The author concludes that at present, in order to improve juvenile delinquency prevention, it is necessary to enhance forms and methods of administrative-legal impact on them on the part of the police. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of juvenile delinquency prevention. The novelty of the article consists in the proposals for development of forms and methods of administrative-legal regulation of deviant behaviour of minors.

Keywords: prevention, children, minors, child, the offence, tort, police, question, the problem, regulation

DOI: 10.7256/2454-0595.2015.12.67150

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of juvenile delinquency prevention. The author carries out theoretical and legal analysis of juvenile delinquency prevention from the position of administrative-legal regulation of this process. The article analyzes the activities of internal affairs bodies (police) in prevention of administrative offences committed by minors. The author considers the possibility of use of pedagogical prevention with the set of its measures by internal affairs bodies.The methodology of the research includes recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in special sociological research (statistical method, expert assessments, etc.).The author concludes that at present, in order to improve juvenile delinquency prevention, it is necessary to enhance forms and methods of administrative-legal impact on them on the part of the police. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of juvenile delinquency prevention. The novelty of the article consists in the proposals for development of forms and methods of administrative-legal regulation of deviant behaviour of minors.

Keywords: problem, question, police, delict, offence, child, minor, children, prevention, regulation

DOI: 10.7256/2454-0595.2015.12.17112

Abstract: The article considers the peculiarities of administrative offences, infringing the rights of citizens introduced by labour law and social partnership acts. The author pays special attention to the correlation of terminology used in the Labour Code of the Russian Federation and the Code of Administrative offences. Particular attention is paid to time limitations of liability imposition for administrative offences, provided by the articles 5.27 – 5.34 of the Code of Administrative Offences. Considering particular composition of administrative offences, infringing citizens’ labour rights, the author studies the problem aspects of deeds qualification. The methodology of the research is based on the set of methods of scientific cognition, applied on theoretical and empirical levels: the dialectical method, the methods of analysis, synthesis, comparative jurisprudence, the formal-logical and the system-structural methods. The paper offers the ways of the existing legal regulations improvement when imposing administrative liability for the violation of citizens’ labour rights: unification of terms in the Labour Code and the Code of Administrative Offences of the Russian Federation; unification of time limitation of administrative liability imposition for all types of violations of workers’ labour rights. 

DOI: 10.7256/2454-0595.2015.12.67151

Abstract: The article considers the peculiarities of administrative offences, infringing the rights of citizens introduced by labour law and social partnership acts. The author pays special attention to the correlation of terminology used in the Labour Code of the Russian Federation and the Code of Administrative offences. Particular attention is paid to time limitations of liability imposition for administrative offences, provided by the articles 5.27 – 5.34 of the Code of Administrative Offences. Considering particular composition of administrative offences, infringing citizens’ labour rights, the author studies the problem aspects of deeds qualification. The methodology of the research is based on the set of methods of scientific cognition, applied on theoretical and empirical levels: the dialectical method, the methods of analysis, synthesis, comparative jurisprudence, the formal-logical and the system-structural methods. The paper offers the ways of the existing legal regulations improvement when imposing administrative liability for the violation of citizens’ labour rights: unification of terms in the Labour Code and the Code of Administrative Offences of the Russian Federation; unification of time limitation of administrative liability imposition for all types of violations of workers’ labour rights. 

Keywords: labour right, subject of liability, administrative liability, time limitation, violation of rules, mental element of crime, continuing crimes, qualification of offences, objective side of offence

DOI: 10.7256/2454-0595.2015.12.16794

Abstract: The article analyzes the peculiarities of realization of the principle of division of powers in the budget system of the state; the structure of authorities involved in budgeting. The article is also devoted to a special feature of the legal status of the state, municipal units and their authorities – budget competence (budget rights and duties). The author considers budget competence as a special element of the budget system of modern Russia. The issues, considered in the article, are among the urgent problems of financial and legal science. The methodology of the research comprises general scientific methods (analysis, synthesis, abstraction and concretization) and special scientific methods (formal-logical, comparative-legal, system-structural, historical-legal, logical methods and legal modeling). The novelty of the research lies in the formulation of an approach to the structure of elements of budget system, taking into consideration that the concept of budget system is not explained in the existing legislation; in the analysis of a nature of budget system from the positions of the principle of division of powers with the emphasis on realization of executive and legislative authorities in the sphere of budget relations. 

DOI: 10.7256/2454-0595.2015.12.67152

Abstract: The article analyzes the peculiarities of realization of the principle of division of powers in the budget system of the state; the structure of authorities involved in budgeting. The article is also devoted to a special feature of the legal status of the state, municipal units and their authorities – budget competence (budget rights and duties). The author considers budget competence as a special element of the budget system of modern Russia. The issues, considered in the article, are among the urgent problems of financial and legal science. The methodology of the research comprises general scientific methods (analysis, synthesis, abstraction and concretization) and special scientific methods (formal-logical, comparative-legal, system-structural, historical-legal, logical methods and legal modeling). The novelty of the research lies in the formulation of an approach to the structure of elements of budget system, taking into consideration that the concept of budget system is not explained in the existing legislation; in the analysis of a nature of budget system from the positions of the principle of division of powers with the emphasis on realization of executive and legislative authorities in the sphere of budget relations. 

Keywords: budget competence, financial law, budget legal status, budget law, the Federal Assembly, budget rights, principle of division of powers, budget system of the state, budget, budgeting

DOI: 10.7256/2454-0595.2015.12.17084

Abstract: The subject of the research is an executive authorities system in cultural sphere. The author considers the concept and the content of cultural policy as an important instrument of implementation of aims of socio-economic development of the society; studies the system of executive bodies in cultural sphere; substantiates the reasonability of creation of a wide range of subjects of cultural policy allowing a more thorough consideration and satisfaction of their need for group and individual goods. The author applies the method of analysis of normative-legal base and the empirical method of survey. The study considers not only laws, subordinate regulatory acts of Russia, but also documents of interregional and international level. The author outlines the subjects of cultural policy on different levels, using all recent changes of and amendments to the legislation concerning cultural sphere. The author concludes about the modern state of cultural policy, the ways of its formation and development, considers the aims of cultural policy with regard to its subjects, outlines its priorities and the main mechanisms of their implementation. The author argues the necessity to consider organs of government of different levels, non-profit organizations, private structures and international cultural organizations as the subjects of cultural policy. 

DOI: 10.7256/2454-0595.2015.12.67153

Abstract: The subject of the research is an executive authorities system in cultural sphere. The author considers the concept and the content of cultural policy as an important instrument of implementation of aims of socio-economic development of the society; studies the system of executive bodies in cultural sphere; substantiates the reasonability of creation of a wide range of subjects of cultural policy allowing a more thorough consideration and satisfaction of their need for group and individual goods. The author applies the method of analysis of normative-legal base and the empirical method of survey. The study considers not only laws, subordinate regulatory acts of Russia, but also documents of interregional and international level. The author outlines the subjects of cultural policy on different levels, using all recent changes of and amendments to the legislation concerning cultural sphere. The author concludes about the modern state of cultural policy, the ways of its formation and development, considers the aims of cultural policy with regard to its subjects, outlines its priorities and the main mechanisms of their implementation. The author argues the necessity to consider organs of government of different levels, non-profit organizations, private structures and international cultural organizations as the subjects of cultural policy. 

Keywords: cultural activity, quality of government services, government services, executive authorities, administrative legal regulation, cultural policy, culture, subjects of cultural policy, municipal authorities, International cultural organizations

DOI: 10.7256/2454-0595.2015.12.16861

Abstract: The article describes the system of administrative coercion whose elements are characterized by the order and the reasons for coercive measures application; their aims; limits and prohibitions which should be observed when implementing particular forms of administrative coercion; preliminary and subsequent official registration of a law-enforcement act and its results; a limited list of subjects of law enforcement, etc.The author analyzes the grounds for the use of such a measure of administrative coercion as transmittal of an offender. The study examines the grounds for transmittal of citizens which are not connected with the commitment of administrative offence. The author analyzes normative sources, describing the procedure of transmittal, and offers the ways to solve the problems connected with implementation of this coercive measure. The article describes the historical aspect of changes in the legislation regulating this sphere of social relations. The methodology of the research includes the dialectical method of cognition, methods of social research, such as the comparative-legal, formal-logical, statistical, sociological methods and the method of content-analysis. In practice the use of such measures is registered in officers’ reports. The level of correctness of such documents often rouses censure of supervisory institutions. The author supposes that such procedural freedom is inadmissible; it is necessary to unify the forms and contents of the mentioned procedural documents by the decree of the Ministry of Internal Affairs of the Russian Federation. 

DOI: 10.7256/2454-0595.2015.12.67154

Abstract: The article describes the system of administrative coercion whose elements are characterized by the order and the reasons for coercive measures application; their aims; limits and prohibitions which should be observed when implementing particular forms of administrative coercion; preliminary and subsequent official registration of a law-enforcement act and its results; a limited list of subjects of law enforcement, etc.The author analyzes the grounds for the use of such a measure of administrative coercion as transmittal of an offender. The study examines the grounds for transmittal of citizens which are not connected with the commitment of administrative offence. The author analyzes normative sources, describing the procedure of transmittal, and offers the ways to solve the problems connected with implementation of this coercive measure. The article describes the historical aspect of changes in the legislation regulating this sphere of social relations. The methodology of the research includes the dialectical method of cognition, methods of social research, such as the comparative-legal, formal-logical, statistical, sociological methods and the method of content-analysis. In practice the use of such measures is registered in officers’ reports. The level of correctness of such documents often rouses censure of supervisory institutions. The author supposes that such procedural freedom is inadmissible; it is necessary to unify the forms and contents of the mentioned procedural documents by the decree of the Ministry of Internal Affairs of the Russian Federation. 

Keywords: threat to security, helpless condition, transmittal, ensuring proceedings, administrative preventive measures, administrative coercion, public safety, grounds, procedural order, police

DOI: 10.7256/2454-0595.2015.12.15328

Abstract: The article is devoted to the study of particular aspects of imposition of administrative liability on legal entities for the violation of migration legislation, aimed at its improvement and observation of rights and freedoms of foreign nationals on the territory of the Russian Federation. The author considers the issues of administrative liability for allocation of accommodation or transport, or for any other services to a foreign national or a stateless person, staying in the Russian Federation, out of the existing order or rules of transit through the territory. The author applies the method of comparative analysis and empirical and analytical materials provided by the officials of the Federal Migration Service of the Russian Federation. The author concludes that it is not important whether the premises are living or not according to the legislation; the only important is the fact that they had been used for living. If the examination shows that the premises had been used for living, e.g. reveals resting places, places for cooking or meal, then the allocation of such an accommodation will be considered as a ground for sanctions imposition. 

Keywords: foreig¹ citize¹, gra¹ti¹g of premises, violatio¹ of migratio¹ legislatio¹, admi¹istrative respo¹sibility, legal perso¹s, vehicle, other services, perso¹ without citize¹ship, violatio¹ of the established order, rules of tra¹sit through

DOI: 10.7256/2454-0595.2015.12.67155

Abstract: The article is devoted to the study of particular aspects of imposition of administrative liability on legal entities for the violation of migration legislation, aimed at its improvement and observation of rights and freedoms of foreign nationals on the territory of the Russian Federation. The author considers the issues of administrative liability for allocation of accommodation or transport, or for any other services to a foreign national or a stateless person, staying in the Russian Federation, out of the existing order or rules of transit through the territory. The author applies the method of comparative analysis and empirical and analytical materials provided by the officials of the Federal Migration Service of the Russian Federation. The author concludes that it is not important whether the premises are living or not according to the legislation; the only important is the fact that they had been used for living. If the examination shows that the premises had been used for living, e.g. reveals resting places, places for cooking or meal, then the allocation of such an accommodation will be considered as a ground for sanctions imposition. 

Keywords: other services, vehicle, legal persons, administrative liability, violation of migration legislation, allocation of accommodation, foreign national, stateless persons, violation of the established order, rules of transit

DOI: 10.7256/2454-0595.2015.12.15528

Abstract: The article focuses on the results of adjudication of administrative-legal controversies between the sides, one of which is a public authority, in the sphere of veterinary medicine. The presence or the absence of case authority in Russia is a disputable moment. Formally, Russian law is not a case law, but practically, when deciding on a case, courts follow the judicial practice. The part of administrative justice in the regulation of processes of public administration is rather large. It’s hard to overestimate the role of case authority in the sphere of veterinary medicine. The author uses such general scientific methods as dialectics, historical method, analysis, synthesis, deduction and induction and such special scientific methods as historical-legal, comparative-legal, system-structural, along with the systems analysis of the phenomena under consideration, the method of analysis of normative-legal base, judicial practice and foreign experience. The author concludes that Russian legislation in the sphere of veterinary medicine is characterized by gaps and defects of formulations, serving as a ground for appeals against the actions of public authorities. The author demonstrates how judicial acts affect the formation of law enforcement practice in the sphere of public administration of veterinary medicine. Generally, the article reflects the positive judicial practice. The negative moment is that courts’ actions are used for the compensation of gaps in the legislation and inefficient work of legislative and executive authorities. 

Keywords: administrative law, administrative justice, public administration, legislation, judicial precedent, regulation, control, surveillance, safety, veterinary

DOI: 10.7256/2454-0595.2015.12.67156

Abstract: The article focuses on the results of adjudication of administrative-legal controversies between the sides, one of which is a public authority, in the sphere of veterinary medicine. The presence or the absence of case authority in Russia is a disputable moment. Formally, Russian law is not a case law, but practically, when deciding on a case, courts follow the judicial practice. The part of administrative justice in the regulation of processes of public administration is rather large. It’s hard to overestimate the role of case authority in the sphere of veterinary medicine. The author uses such general scientific methods as dialectics, historical method, analysis, synthesis, deduction and induction and such special scientific methods as historical-legal, comparative-legal, system-structural, along with the systems analysis of the phenomena under consideration, the method of analysis of normative-legal base, judicial practice and foreign experience. The author concludes that Russian legislation in the sphere of veterinary medicine is characterized by gaps and defects of formulations, serving as a ground for appeals against the actions of public authorities. The author demonstrates how judicial acts affect the formation of law enforcement practice in the sphere of public administration of veterinary medicine. Generally, the article reflects the positive judicial practice. The negative moment is that courts’ actions are used for the compensation of gaps in the legislation and inefficient work of legislative and executive authorities. 

Keywords: control, regulation, case authority, legislation, public administration, administrative justice, administrative law, surveillance, safety, veterinary medicine

DOI: 10.7256/2454-0595.2015.12.16925

Abstract: The author of the study pays special attention to the fact that the globalization of economic processes and legal interests and the necessity to struggle against criminality in almost all countries lead to the need for a unified interpretation of basic legal terms. The term “fraud” is used in administrative and criminal laws of different states and in international acts, and the problem is that it is interpreted in different ways. Changes in the Russian legislation have also seriously reformed the concept of fraud, causing a large number of scientific discussions. The author emphasizes the theoretical and practical importance of understanding of fraud as a corruption crime. The methodology of the research is composed of a set of general scientific and special methods of cognition on the base of principles of scientific objectivity, systemacy and historicism. The choice of research methods is determined by the object, the subject, the aims and tasks of the research. Such an approach allows the author to reveal the development patterns of international and Russian legislation. The proposed work is the analytical research of international acts on fraud and their comparative analysis. The author comes to the following conclusions: fraud has become one of the most widespread and latent crimes all over the world; in international conventions fraud covers a wide range of fraudulent deeds; fraud is rated among grave crimes which have become a growing international problem requiring the use of modern and effective methods on an international scale. It is worth noticing the understanding of fraud as a corruption crime. 

DOI: 10.7256/2454-0595.2015.12.67157

Abstract: The author of the study pays special attention to the fact that the globalization of economic processes and legal interests and the necessity to struggle against criminality in almost all countries lead to the need for a unified interpretation of basic legal terms. The term “fraud” is used in administrative and criminal laws of different states and in international acts, and the problem is that it is interpreted in different ways. Changes in the Russian legislation have also seriously reformed the concept of fraud, causing a large number of scientific discussions. The author emphasizes the theoretical and practical importance of understanding of fraud as a corruption crime. The methodology of the research is composed of a set of general scientific and special methods of cognition on the base of principles of scientific objectivity, systemacy and historicism. The choice of research methods is determined by the object, the subject, the aims and tasks of the research. Such an approach allows the author to reveal the development patterns of international and Russian legislation. The proposed work is the analytical research of international acts on fraud and their comparative analysis. The author comes to the following conclusions: fraud has become one of the most widespread and latent crimes all over the world; in international conventions fraud covers a wide range of fraudulent deeds; fraud is rated among grave crimes which have become a growing international problem requiring the use of modern and effective methods on an international scale. It is worth noticing the understanding of fraud as a corruption crime. 

Keywords: international cooperation, combating corruption, systematization of law, global problems, convention, international law, fraud, criminal law, criminal liability, specialized authorities

DOI: 10.7256/2454-0595.2015.12.16873

Abstract: The subject of the article is the process of formation of a set of indicators reflecting dynamics and character of corruption offences in the system of public and municipal service. The author analyzes the existing approaches to the assessment of corruption level taking into account the international and Russian practice. The main attention is paid to the classification of indicators based on corruption crimes revealed by corruption prevention units of public and local authorities. These offences rate among disciplinary delinquencies, and the proposed indicators reflect the level of anticorruption discipline in public and local authorities. The author applies general philosophical methods (the systems method, analysis, synthesis, analogy), traditional legal methods (formal-logical) and statistical methods. The author concludes that it is necessary to connect corruption indicators with the formation of anticorruption policy and efficiency assessment of anticorruption measures, which corresponds with the methodology developed by the Audit Chamber of the Russian Federation. The novelty of the research lies in the development of suggestions about the application of corruption indicators for development and (or) correction of targeted anticorruption measures in public or local authorities. 

DOI: 10.7256/2454-0595.2015.12.67158

Abstract: The subject of the article is the process of formation of a set of indicators reflecting dynamics and character of corruption offences in the system of public and municipal service. The author analyzes the existing approaches to the assessment of corruption level taking into account the international and Russian practice. The main attention is paid to the classification of indicators based on corruption crimes revealed by corruption prevention units of public and local authorities. These offences rate among disciplinary delinquencies, and the proposed indicators reflect the level of anticorruption discipline in public and local authorities. The author applies general philosophical methods (the systems method, analysis, synthesis, analogy), traditional legal methods (formal-logical) and statistical methods. The author concludes that it is necessary to connect corruption indicators with the formation of anticorruption policy and efficiency assessment of anticorruption measures, which corresponds with the methodology developed by the Audit Chamber of the Russian Federation. The novelty of the research lies in the development of suggestions about the application of corruption indicators for development and (or) correction of targeted anticorruption measures in public or local authorities. 

Keywords: public service, municipal service, corruption, indicator, latency, susceptibility to corruption, corruption scale, anticorruption policy, targeted character, efficiency

DOI: 10.7256/2454-0595.2015.12.16995

Abstract: The Federal Law of 4.11.2014 introduced a new chapter into the Tax Code of the Russian Federation – V.2 “Tax Control in the Form of Tax Monitoring”. The author of this article analyzes the recently introduced category of “tax monitoring”. The work is aimed at defining the notion of tax monitoring and at answering the question “In what form should tax monitoring relations between a taxation authority and a taxpayer be realized?”. The author analyzes the history of the Law at issue adoption, the Tax Code norms and provisions of tax legislation, scientific literature, other norms of the existing tax legislation; the author also considers the experience of foreign legislation. The author offers her own definition of tax monitoring. The author concludes that an agreement on enhanced information cooperation is the best form of tax monitoring and substantiates this conclusion. 

DOI: 10.7256/2454-0595.2015.12.67159

Abstract: The Federal Law of 4.11.2014 introduced a new chapter into the Tax Code of the Russian Federation – V.2 “Tax Control in the Form of Tax Monitoring”. The author of this article analyzes the recently introduced category of “tax monitoring”. The work is aimed at defining the notion of tax monitoring and at answering the question “In what form should tax monitoring relations between a taxation authority and a taxpayer be realized?”. The author analyzes the history of the Law at issue adoption, the Tax Code norms and provisions of tax legislation, scientific literature, other norms of the existing tax legislation; the author also considers the experience of foreign legislation. The author offers her own definition of tax monitoring. The author concludes that an agreement on enhanced information cooperation is the best form of tax monitoring and substantiates this conclusion. 

Keywords: information, tax monitoring, tax, form of tax control, real-time tax audit, tax law, contract, agreement, information cooperation, tax control