Administrative and municipal law - rubric Administrative and municipal legal practice
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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Rubric "Administrative and municipal legal practice"
Administrative and municipal legal practice
Grigor'eva E.A. -
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Kabanov P.A. -
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Sochnev D.V. -
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Sochnev D.V. -
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Sochnev D.V. -
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Sochnev D.V. -
Abstract:
Sochnev D.V. -
Abstract:
Sochnev D.V. -
Abstract:
Sochnev D.V. -
Abstract:
Sochnev D.V. -
Abstract:
Sochnev D.V. -
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Aivar L.K. -
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Agamagomedova S. -
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Koshelev, I.N. - Administrative control within the mechanism of fighting corruption in the internal affairs bodies. pp. 0-0
Abstract: Administrative control over the militia activities is performed by the executive branch at all of its levels. The apparatus of the control bodies is vast, and it includes the internal structures, as well as various inspections and types of review. This article is devoted to the key types of control over the police (militia) activity.
Admiralova, I.A. - Specific features of preliminary control and institution of criminal legal proceedings on abduction of a person pp. 0-0
Abstract: As the author of this article points out, the investigation on the abduction of persons has a number of specific features and elements, such as preliminary examination of the materials, including elements of crimes, as they call it in the criminal science.
Karpukhin, D.V. - Legal problems of functioning of the Bureau of Technical Inventory as a body, which provides for the technical record of housing in the Russian Federation. pp. 0-0
Abstract: The BTI organs keep the technical record of the housing in the Russian Federation, in cities, towns, and the rural areas and keep statistics. This article is devoted to the key problems of the le-gal status and functioning of the BTI organs.
Karpukhin, D.V. - Comparative legal analysis of the role of the state in eviction of owners and the social tenants from their living quarters. pp. 0-0
Abstract: The need for the detailed study of various aspects of eviction from the living quarters is due to the social importance of this institution and a large number of eviction cases, as well as to the existing contradiction within the Housing Code of the Russian Federation. The author considers, that depending on the subject of right to the immovable property one should single out eviction of tenants and eviction of owners…
Eremyan, V.V. - “Prince’s Administration” within the process of feudalization of the social relations, concentration of powers and centralization of the government system (the Horde period) pp. 0-0
Abstract: In this article Professor V.V. Eremyan gives his answer to the question: “Did the so-called “Prince’s Administration” keep functioning after the arrival of the Horde, or, starting from 1243 one should only speak of it retrospectively?”
Dzgoev, T.V. - Application of administirative preventive measures and the order of such application within administrative procedure. pp. 0-0
Abstract: The administrative prevention measures are currently regulated by a variety of normative legal acts. Such a “global” administrative regulation does have its shortcomings. What are the possible alternatives?
Bondarchuk I.V., Umerov E.I. - Problems of municipal lawmaking in the Republic of Crimea pp. 36-47

DOI:
10.7256/2454-0595.2017.11.23644

Abstract: The article studies the problems of lawmaking performed by the local authorities in Crimea after its reunification with Russia. The authors emphasize that the improvement of municipal lawmaking in the Republic of Crimea has particular specificity connected with adoption of new statutory instruments, which have a dual purpose: to formalize the previously formed social relations, their structuring and systematizing with the newly emerging objective social relations and processes. The authors use the methods of synthesis, comparison, the formal-legal method; the authors study the problems of lawmaking, performed by the Crimean local authorities, and their causes. The following problems seem to be important for the development of municipal lawmaking in Crimea: the lack of time for detailed analysis of the current legislation in the process of elaboration of municipal legal acts; insufficient awareness of the population about the activities of local authorities, for example, the lack of preliminary public discussion on municipal legal acts; shortcomings of legal mechanisms in the development of municipal acts (incorrect use of legislative terminology, compilation of federal and regional legislation, which leads to misinterpretation of legislation, large number of reference and blanket rules, etc.); low level of qualification of municipal officials. The authors offer the ways to improve municipal lawmaking. 
Keywords: municipal legislation, self-government, lawmaking, legal mechanism, legal defects, legal pattern, municipal statutory acts, municipal lawmaking, local issues, atypical law enforcement
Kolesnichenko O.V. - Establishment of Specialized services on Funeral Business in Municipalities: Problems of Defining Organizational and Legal Form pp. 62-68

DOI:
10.7256/2454-0595.2017.12.24370

Abstract: The subject of the research is the legislation and judicial experience in organisation and performance of specialized funeral services in municipalities. The author examines the problems of determining the legal status of specialized funeral services created in municipalities in order to provide the population with a guaranteed list of burial services within the framework of addressing issues of local importance. The main approaches to the definition of the organizational and legal form of a specialized service for funeral matters when it is created are identified and studied. The methodological basis of the research included dialectical research method that is based on the principles of versatility, objectivity and co-relation of studied phenomena, general research methods (anaysis, synthesis, deduction, induction, analogy, etc.) and special research methods (analytical systems approach, complex analysis, legalistic analysis, etc.). On the basis of the conducted research, the author proposed to bring the provisions of the Federal Law "On Burial and Funeral Affairs" in line with the Federal Law "On General Principles of Organization of Local Self-Government", giving local governments the opportunity to exercise their powers in the funeral business in various ways that do not contradict civil law.
Keywords: joint-stock company, interment, guarantees, organizational form, municipality, burial, specialized service, unitary enterprise, municipal institution, municipal unit
Narutto, S. V. - On Legal Regulation of Arrangement and Conduction of Students’ Traineeship at Universities pp. 77-86
Abstract: One of the key factors of raising the quality of students’ training at universities is the strengthening of practical orientation of education as well as incrasing the efficiency of the students’ traineeship. The given article is devoted to the applicable regulatory legal acts related to organization and condution of traineeship. The author of the article analyzes goals and targets, forms, contents, programs, leadership, control and evaluation of such traineeship. The author also makes a number of suggestions on how to improve the legal regulation of these issues and provides recommendations on improvement of the federal and local University standard manuals.
Keywords: student, traineeship, Bachelor, Master, competence, professional, leader, report, control, university, education.
Agamagomedova, S. A. - Legal Grounds and Peculiarities of Administrative Defense of Olympic and Paralympic Symbols by the Russian Federation Custom Authorities pp. 81-91
Abstract: Prior to the Olympic Games in Sochi in 2012 issues of legal defense of Olympic symbols are becoming especially important. Custom authorities play a special role in the system of administrative defense of Olympic symbols. These authorities control trans-border transportation of goods with Olympic symbols, discover and suppress administrative offenses related to illegal usage of Olympic symbols and use customs registry of intellectual property. This particular article is devoted to the court practice and peculiarities of administrative proceedings in this sphere as well as legal and organizational issues of interactions between customs and other state authorities.
Keywords: defense, custom authorities, Olympics, Sochi 2014, symbols, administrative offense, court practice, counter- facts, registry.
Vinokurov A.Y. - On the issue of the admissibility of consideration of anonymous appeals by prosecution agencies

DOI:
10.7256/2454-0595.2016.1.17174

Abstract: The article studies the consideration of anonymous appeals by prosecution agencies. The object of the research is the range of legal relations, arising when dealing with anonymous appeals, their registration and consideration by prosecution agencies. The author pays special attention to the fact that the current legislation doesn’t prohibit consideration of anonymous appeals, containing information about offences, by prosecution agencies, but the legislation in this sphere should be improved. The author applies the comparative-historical method; he analyzes the provisions of various legal acts and different sources, and comes to the conclusion about the need for a more clear and consistent legal regulation of the legal regime of anonymous appeals, containing information about imminent crimes, the crimes that are being or had been committed, aimed at legal provisions adjustment. 
Vinokurov A.Yu. - On the issue of the admissibility of consideration of anonymous appeals by prosecution agencies pp. 92-98

DOI:
10.7256/2454-0595.2016.1.67344

Abstract: The article studies the consideration of anonymous appeals by prosecution agencies. The object of the research is the range of legal relations, arising when dealing with anonymous appeals, their registration and consideration by prosecution agencies. The author pays special attention to the fact that the current legislation doesn’t prohibit consideration of anonymous appeals, containing information about offences, by prosecution agencies, but the legislation in this sphere should be improved. The author applies the comparative-historical method; he analyzes the provisions of various legal acts and different sources, and comes to the conclusion about the need for a more clear and consistent legal regulation of the legal regime of anonymous appeals, containing information about imminent crimes, the crimes that are being or had been committed, aimed at legal provisions adjustment. 
Keywords: consideration of appeals, illegal deed, procuracy oversight, prosecutor, offence, infringement of law, source of information, anonymous appeal, jurisdiction, supervision
Lapina M.A., Karpukhin D.V. - Structuring of administrative offences in the sphere of equity market in Russian legislation

DOI:
10.7256/2454-0595.2015.2.12903

Abstract: The turn of the twentieth – the twenty-first centuries was marked by the active development of equity market in the Russian Federation. The adoption of a big amount of normative acts in this sphere determined the appearance of problems, connected with the structuring of the components of administrative offences; defining the measures of state coercion for the delinquencies in the sphere of equity market; order of proceedings on administrative offences. The article is aimed at the consideration of this set of problems and the formulation of suggestions about the enhancement of administrative jurisdiction in the sphere of equity market. The methodology of the research is based in the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical method, expert evaluations, etc.). The analysis of administrative offences in the sphere of equity market, contained in the Code of Administrative Offences of the Russian Federation, shows that, unlike the offences in the spheres of finances, taxes and charges, the administrative offences in this sphere are contained, actually, in one codified normative legal act – the Code of Administrative Offences of the Russian Federation. The latest variant seems to be optimal and can serve as a base when reforming of administrative-jurisdictional legislation in the sphere of finances, taxes and charges, insurance, and equity market. 
Keywords: responsibility, offence, finances, jurisdiction, bank, coercion, control, sanction, composition, features
Lapina M.A., Karpukhin D.V. - Structuring of administrative offences in the sphere of equity market in Russian legislation pp. 190-197

DOI:
10.7256/2454-0595.2015.2.66158

Abstract: The turn of the twentieth – the twenty-first centuries was marked by the active development of equity market in the Russian Federation. The adoption of a big amount of normative acts in this sphere determined the appearance of problems, connected with the structuring of the components of administrative offences; defining the measures of state coercion for the delinquencies in the sphere of equity market; order of proceedings on administrative offences. The article is aimed at the consideration of this set of problems and the formulation of suggestions about the enhancement of administrative jurisdiction in the sphere of equity market. The methodology of the research is based in the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical method, expert evaluations, etc.). The analysis of administrative offences in the sphere of equity market, contained in the Code of Administrative Offences of the Russian Federation, shows that, unlike the offences in the spheres of finances, taxes and charges, the administrative offences in this sphere are contained, actually, in one codified normative legal act – the Code of Administrative Offences of the Russian Federation. The latest variant seems to be optimal and can serve as a base when reforming of administrative-jurisdictional legislation in the sphere of finances, taxes and charges, insurance, and equity market. 
Keywords: responsibility, offence, finances, jurisdiction, bank, coercion, control, sanction, composition, features
Kurza N.V. - Departmental statutory acts in the sphere of improvement

DOI:
10.7256/2454-0595.2015.5.15084

Abstract: The subject of the research includes the existing federal legislation, the local legislation of Russian regions, the departmental statutory acts of executive authorities in the sphere of improvement, the judicial practice of the Constitutional Court of the Russian Federation, and departmental lawmaking in general as one of the key spheres of activities of federal executive authorities which has a special place among normative legal regulators of social relations. The author considers departmental lawmaking as a professional system of juridical practice which provides the implementation of regulations of the existing legislation in the sphere of improvement. The methodology of the research is based on the historical-legal and the formal-logical methods of analysis of the abovementioned legal acts; their efficiency is revealed on the base of a judicial and law enforcement practice in general. The article reveals the absence of a uniform understanding and a legal definition; the author concludes that normative departmental regulation is sufficient, though it needs to be corrected in the area of elimination of norms, introducing prohibitions and responsibility for the violation of rules of improvement which are a part of administrative legislation; the author offers the ways of legal defining of guidelines of federal executive authorities in the sphere of improvement; the author concludes that legal regulation of the issues of improvement on the base of the norms of federal legislation is implemented through departmental statutory acts which are sufficient enough for the solution of the problems; at the same time, the study outlines the factors complicating the implementation of regulations of departmental acts. 
Keywords: departmental acts, normative acts, improvement, constitutional control, managerial acts, regulator, departmental lawmaking, state of the market, sanctions , legal regulation
Kurza N.V. - Departmental statutory acts in the sphere of improvement pp. 494-501

DOI:
10.7256/2454-0595.2015.5.66446

Abstract: The subject of the research includes the existing federal legislation, the local legislation of Russian regions, the departmental statutory acts of executive authorities in the sphere of improvement, the judicial practice of the Constitutional Court of the Russian Federation, and departmental lawmaking in general as one of the key spheres of activities of federal executive authorities which has a special place among normative legal regulators of social relations. The author considers departmental lawmaking as a professional system of juridical practice which provides the implementation of regulations of the existing legislation in the sphere of improvement. The methodology of the research is based on the historical-legal and the formal-logical methods of analysis of the abovementioned legal acts; their efficiency is revealed on the base of a judicial and law enforcement practice in general. The article reveals the absence of a uniform understanding and a legal definition; the author concludes that normative departmental regulation is sufficient, though it needs to be corrected in the area of elimination of norms, introducing prohibitions and responsibility for the violation of rules of improvement which are a part of administrative legislation; the author offers the ways of legal defining of guidelines of federal executive authorities in the sphere of improvement; the author concludes that legal regulation of the issues of improvement on the base of the norms of federal legislation is implemented through departmental statutory acts which are sufficient enough for the solution of the problems; at the same time, the study outlines the factors complicating the implementation of regulations of departmental acts. 
Keywords: departmental acts, normative acts, improvement, constitutional control, managerial acts, regulator, departmental lawmaking, state of the market, sanctions, legal regulation
Naumova, O.V. - The regime of unauthorized construction within the framework of the reform of civil legislation pp. 680-684

DOI:
10.7256/2454-0595.2013.6.62798

Abstract: The main goal of the studies in this article is to analyze the regulation of the relations regarding unauthorized construction within the framework of the civil law reform. The goals of the study also include comparison of the upcoming legislative amendments in the sphere of unauthorized construction and the existing legislation, as well as modeling the new institution of unauthorized construction based upon the upcoming reform of civil legislation. T he study of the problem of unauthorized construction, on which this article is based, includes analysis of the current norms of civil legislation, as well as the legislative drafts for the amendments in the civil relations in this sphere.
Keywords: immovable property, town planning activities, supervision, construction, legitimacy, offence, responsibility, municipal self-government bodies, competence.
Kretov V.V. - On the foreign countries’ positive experience in the road sector legal regulation

DOI:
10.7256/2454-0595.2015.8.15918

Abstract: The subject of the research is the positive experience of foreign countries in the sphere of legal regulation of the road sector management. The research object is the system and the structure of executive authorities of Germany and the USA and the methods of their activity. Special attention is paid to the possibility of use of the positive experience of Germany and the USA for the development of the system and the structure of executive authorities of the road sector of the Russian Federation and the country’s road network. The author uses the systems method, the comparative-legal, formal-logical, historical and other methods. The scientific novelty of the study lies in the analysis of the system and the structure of the executive authorities of Germany and the USA functioning, their interaction with road users, and the order of adoption of the legislation regulating the use of highways and the road works, the responsibility of authorities in these countries. 
Keywords: road funds, financing, road users, authorities, road legislation, foreign countries, road activities, road sector, development programs, road construction
Kretov V.V. - On the foreign countries’ positive experience in the road sector legal regulation pp. 838-846

DOI:
10.7256/2454-0595.2015.8.66804

Abstract: The subject of the research is the positive experience of foreign countries in the sphere of legal regulation of the road sector management. The research object is the system and the structure of executive authorities of Germany and the USA and the methods of their activity. Special attention is paid to the possibility of use of the positive experience of Germany and the USA for the development of the system and the structure of executive authorities of the road sector of the Russian Federation and the country’s road network. The author uses the systems method, the comparative-legal, formal-logical, historical and other methods. The scientific novelty of the study lies in the analysis of the system and the structure of the executive authorities of Germany and the USA functioning, their interaction with road users, and the order of adoption of the legislation regulating the use of highways and the road works, the responsibility of authorities in these countries. 
Keywords: road funds, financing, road users, authorities, road legislation, foreign countries, road activities, road sector, development programs, road construction
Kalinin G. - Administrative justice issues: case authority in public administration in the sphere of veterinary medicine

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
Kalinin G.I. - Administrative justice issues: case authority in public administration in the sphere of veterinary medicine pp. 1277-1281

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
Shashkina A.N. -

DOI:
10.7256/2454-0595.2014.12.13627

Abstract:
Shashkina, A. N. - Administrative-Law Regulation of Customs Control after Release of Goods in the Russian Federation pp. 1296-1300

DOI:
10.7256/2454-0595.2014.12.65815

Abstract: This article deals with the legal basis for the performance of customs control after release of goods. It presents the classification of the sources of administrative-law regulation of custom control after release of goods depending on the level of adoption of such regulation: 1) international; 2) level of regional integration associations; 3) national. The international level I represented by Kyoto convention, provisions of the Customs Code of the Customs Union and other international treaties ratified by the Russian Federation. Totally new for Russia, the law of regional international associations is reflected in the Resolutions of the Eurasian Economic Commission. In this research, the author used the method of systematic analysis (research if the sources on legal regulation of further control) and selection and detailed analysis of certain provisions of laws and regulations, and scientific articles. The author makes the conclusion that despite the fact that customs regulation has sopped being strictly national ad to a large extent has become international, administrative law plays the principal role in exercising customs control after the release of goods – it provides the mechanisms for implementing the rules of international law in the Russian Federation.
Keywords: customs control, administrative-law regulation, Customs Union, customs regulation, Kyoto Convention, regional integration associations, Code of Administrative offences of the Russian Federation, FZ No. 311, sources of law.
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