Administrative and municipal law - rubric Administrative law, municipal law and judicial reforms
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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Rubric "Administrative law, municipal law and judicial reforms"
Administrative law, municipal law and judicial reforms
Karpenko Y.N. -
Abstract:
Aivar, L.K. - Judicial policy on staff. pp. 0-0
Abstract:
Kachanov, R.R. - Judicial norm control within the system of mechanisms of “strategic justice” pp. 0-0
Abstract:
Ishenko, O. A., Romanov, K. I. - Administrative Reform pp. 0-0
Abstract: The article is devoted to the administrative reform aimed at creation an effective administrative apparatus. The author defined the procedures of accomplishing the tasks important for the government and the citizens.
Keywords: powers of executive authorities, administrative reform, law enforcement, complaints of business entities, law enforcement practice, violations of law, auditing, delimitation of authority, administrative jurisdiction, legal regulations.
Maslyaev, A. M. - Administrative and legal principals of the justice of peace institution pp. 0-0
Abstract: The author focused on analyzing the thirteen administrative and legal principals having place in the justice of peace institution. The plus of the article is the broadness of the author’s scope and the polemic style of writing. The author made an attempt to demonstrate the problems of using those principals in the justice of peace activity. The article contains description of the peculiarities of the administrative and legal principals.
Keywords: law, principals, court, court procedure, classification, right, process, justice, judge.
Nechaeva S.V. - Common Ground for Delimitation of Jurisdiction between Court of General Jurisdiction and Arbitration Court in Accordance with the Russian Applicable Legislation. pp. 5-9
Abstract: The question on common grounds for delimitation of jurisdiction between court of general jurisdiction and arbitration court has a great importance for academic and research spheres because the problem of delimitation of jurisdiction is often met in law enforcement practice. The author analyzes points of view expressed in legal literature regarding the most controversial aspects of the problem including the question about structural adequacy of the material and procedural aspects of the law and judicial service; about the relation between the object and subject of grounds for delimitation of jurisdiction between courts of general jurisdiction and arbitration courts.
Keywords: arbitral procedure, arbitration court, civil procedure, civil law, delimitation of jurisdiction, subjective content of a dispute, court of general jurisdiction, economic dispute
Shutilina O.A. - TRIBUNALS AS A FORM OF ADMINISTRATIVE JUSTICE

DOI:
10.7256/2454-0595.2015.6.15282

Abstract: One of the key findings of this study is the fact that tribunals serve as an alternative to the traditional method of judicial control - supervision of public administration. The article examines the legal nature and the essential characteristics of tribunals. The author considers the characteristics of tribunals and the way they should be understood. The author identifies certain features of tribunals, and these elements are also discussed. The general scientific methods of cognition such as the methods of analysis, the comparative methods, the systems and structural methods, the legal and technical research methods form the methodological basis of the article. Tribunals supervision remains an important guarantee of regulation and circumscription of their functioning. The author discusses the relevant features which should be normal for any supervisory body. Lastly, the author demonstrates a short review of the debates relating to the scope of tribunal jurisdiction, and some of their drawbacks. These elements should provide an over-arching supervision over a tribunal structure.
Keywords: fact-finding, judicial review, administrative tribunals, justification of decisions, ultimate decisions, legal force of decisions, appeal, merits review, conciliation, procedural impropriety
Shutilina O.A. - TRIBUNALS AS A FORM OF ADMINISTRATIVE JUSTICE pp. 621-625

DOI:
10.7256/2454-0595.2015.6.66581

Abstract: One of the key findings of this study is the fact that tribunals serve as an alternative to the traditional method of judicial control - supervision of public administration. The article examines the legal nature and the essential characteristics of tribunals. The author considers the characteristics of tribunals and the way they should be understood. The author identifies certain features of tribunals, and these elements are also discussed. The general scientific methods of cognition such as the methods of analysis, the comparative methods, the systems and structural methods, the legal and technical research methods form the methodological basis of the article. Tribunals supervision remains an important guarantee of regulation and circumscription of their functioning. The author discusses the relevant features which should be normal for any supervisory body. Lastly, the author demonstrates a short review of the debates relating to the scope of tribunal jurisdiction, and some of their drawbacks. These elements should provide an over-arching supervision over a tribunal structure.
Keywords: fact-finding, judicial review, administrative tribunals, justification of decisions, ultimate decisions, legal force of decisions, appeal, merits review, conciliation, procedural impropriety
Prizhennikova, A.N. - The problems of formation of the modern model of administrative judicial procedure in Russia pp. 673-679

DOI:
10.7256/2454-0595.2013.6.62797

Abstract: Currently there is a judicial reform going on in Russia, and its goal is to form an independent and fair judicial power. In order to support the status of the judicial power and to improve the judicial system, the Russian legislation is being constantly amended. As part of the judicial reform, the new draft of the Federal Law N. 246960 “Code for the Administrative Judicial Procedure in the Russian Federation”, allowing for the due implementation of Art. 118 of the Constitution of the Russian Federation, was introduced to the State Duma on March 28, 2013. Art 118 of the Constitution of the Russian Federation provides for the four types of judicial procedure: constitutional, civil, administrative and criminal. The work on the draft of the administrative judicial procedure legal draft was started in the end of XX century, and the first draft of the Code was presented. The first draft Code gained various evaluations in the scientific literatures, and it used a number of old stereotypes of the Soviet era.
Keywords: The Code for the Administrative Judicial Procedure, administrative justice, judicial reform, administrative dispute, administrative case, administrative claim, administrative procedures, public procedure, simplified procedure.
Shevchuk P.P. -

DOI:
10.7256/2454-0595.2013.10.9743

Abstract:
Shevchuk, P.P. - Actualization of the enforcement proceedings principles pp. 1007-1012

DOI:
10.7256/2454-0595.2013.10.63355

Abstract: Actualization of the legislative principles is one of the conditions for the efficient state regulation. The goal of this article is to analyze the current principle of enforcement proceedings and to formulate propositions for their improvement. In the course of his studies the author draws a conclusion on the absence of need and expediency for providing in the Federal Law “On Enforcement Proceedings” for the general legal principles of lawfulness, respect for dignity of a person and obligation of timely enforcement acts and measures. The author also provides for the novel principles of enforcement proceedings (compared to the current Federal Law), such as: information transparency on identification and property of a debtor; supremacy of law, support of voluntary performance; permissive nature of enforcement proceedings for the creditor. The principle of information transparency is directly connected to the formation of public registers of enforcement and debtor property. The author is convinced that such a public register may become an economically efficient instrument allowing for greater trust in economic relations, lowering the risks evaluation in conclusion of contracts between the parties, curtailing the number of enforcement proceedings, and lowering the costs of judicial proceedings.
Keywords: enforcement proceedings, legislative principles, court enforcement officer, level of trust, proprietary immunity, public register, information transparency, supremacy of law, liability, court.
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