Administrative and municipal law - rubric Subjects/Legal entities in administrative and financial law
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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Rubric "Subjects/Legal entities in administrative and financial law"
Subjects/Legal entities in administrative and financial law
Vinokurov Y.E. -
Abstract:
Demina M.F. -
Abstract:
Vozhova, E. M. - Governmental Authorities as a Subject of Law pp. 17-25
Abstract: The present article describes the analysis of governmental authorities as subjects of law through a brief review of historical development of views on governmental authorities. The author discusses the problem about legal bodies of public law and describes the features of legal bodies of public law. Those features are applied to a governmental authority in order to reveal its legal nature. The article also contains the definition of a governmental authority from the point of view of a legal body of public law
Keywords: subjects of law, public authority, governmental authority, state agency, legal body, legal body of public law, financial law, administrative law
Kabytov P.P. - Administrative Status of Contract System Participants in the Field of the Procurement of Goods, Works, and Services for State and Municipal Needs pp. 26-36

DOI:
10.7256/2454-0595.2018.7.27039

Abstract: The subject of this research is the administrative status of state authorities and local government as well as other actors that are granted public competences as contract system participants. Based on the analysis of the contract system law and definitions of 'administrative status of public authority' offered by the administrative law doctrine, Kabytov provides a description of the administrative status of contract system participants. The author of the article pays special attention to the legal consolidation of the administrative status of contract system participants. The methodological basis of the research involves general scientific methods (formal logic, structured systems approach) and special scientific methods (formal law analysis, dogmatic analysis, interpretation of law). The scientific novelty of the research is caused by the fact that the author carries out a complex analysis of the administrative status of contract system participants and gives recommendations on how to improve the current contract system law. The results of the research are of great practical importance and can be used in the policy-making process of the Russian Federation. As a conclusion, the author describes the main areas of the contract system legislation that should be improved, as well as a set of legal measures that are needed to be undertaken in order to improve them. This includes: 1. legitimization of grounds for reauthorization of control competences in the field of procurements between local government and state authorities of the Russian Federation; 2. improvement of the current law applicable to procurements through distribution of competences and consolidation of regulatory acts; and 3. establishment of formalized requirements and criteria for centralisation of procurements, and its efficiency evaluation system. 
Keywords: competency, public administration, local authority, public authority, members of the procurement, state customer, functions, power, contract system, administrative status
Sarkisov, A. K. - State-Owned Corporation and State-Owned Companies in Legislation of the Russian Federation pp. 36-42
Abstract: The article describes the definition and the legal status of a state-owned corporation and a state-owned company in Russian legislation. The authors compared them to a state unitary enterprise and autonomous institution and described how these new terms are perceived in law enforcement practice in the sphere of target setting when establishing peculiar public private forms of non-profit organizations.
Keywords: state-owned corporation, state-owned company, state unitary enterprise, autonomous institution, non-profit organization, delegation of power authorities
Pavlyuk, A.V. - Problems of administrative legal regulation in the activities of joint stock companies in the foreign states. pp. 478-489

DOI:
10.7256/2454-0595.2014.5.64251

Abstract: The improvement of the administrative legislation regulating the activities of the joint stocks companies should be implemented based upon the norms in effect in the European Union, and the Russia joining the WTO and the EEU requires development and support of the administrative status of joint stock companies. It should also be stressed, that currently there is a need for a clearer definition of the category of the collective subject of administrative law, as well as for the development of the system of efficient administrative legal means for influencing the activities of joint stock companies directly. 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.). For the purpose of improving the administrative legal status of the joint stock company the author substantiates the need to legislatively provide for the qualification requirements to the members of the Board of Directors of the Joint Stock Company. According to the Federal Law “On Joint Stock Companies” the requirements to the members of the Board of Directors should include higher education, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere of trade, finances, corporate administration and securities market for the period of two years prior to the day of general meeting of shareholders for the elections for the Board of Directors, professional experience of no less than 2 years in managing a department or other division of an organization, and the absence of conflict of interests in the activities of this person.
Keywords: The improvement of the administrative legislation regulating the activities of the joint stocks comp, and the Russia joining the WTO and the EEU requires development and support of the administrative st, that currently there is a need for a clearer definition of the category of the collective subject of, as well as for the development of the system of efficient administrative legal means for influencing, 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.). For the purpose of improving the administrative legal status of the joint stock company the a, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere , finances, corporate administration and securities market for the period of two years prior to the day of gener, professional experience of no less than 2 years in managing a department or other division of an org, and the absence of conflict of interests in the activities of this person.
Pavlyuk A.V. -

DOI:
10.7256/2454-0595.2014.6.12180

Abstract:
Pavlyuk, A.V. - Problems of administrative legal regulation of the activities of the joint stock companies. pp. 580-591

DOI:
10.7256/2454-0595.2014.6.64971

Abstract: Improvement of the administrative legislation regulating the activities of the joint stock companies should be implemented with due regard to the norms applied in the European Union states, and Russia joining the WTO and the European Economic Union establishes the need for development and strengthening of the administrative legal status of joint stock companies. It should also be pointed out that currently there is need for a clearer definition of a collective subject of administrative law, as well as for the development of the system of efficient administrative legal means of influence upon the activities of the joint stock companies directly. 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 is noted in the scientific literature that at the current stage of social and economic development of the Russian Federation the topicality of the problems regarding formation of the efficient administrative legal mechanisms for the regulation of activities of joint stock companies becomes yet greater. The civil law regulation of activities of joint stock companies does not use all of the variety of forms and methods of legal regulation, especially speaking of large companies with state participation. The studies of the mechanism for the administrative legal regulation of the activities of the joint stock companies is of great theoretical and practical value, since it allows to reveal the existing problems in the implementation of legal norms and to find the paths for the improvement of the current legislation.
Keywords: regulation, society, shareholder, share, mechanism, influence, administration, control, service, state.
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