DOI: 10.7256/2454-0595.2017.5.22692

Abstract: The research object is regulatory relations in the banking sphere. The research subject is theoretical provisions, the system of legal norms, adopted by the President and the Government of the Russian Federation in this sphere, and the practice of their application, primarily by public authorities and federal organizations, and the ways and prospects of improvement of powers and regulatory acts of the President and the Government in this sphere. The purpose of the study is to justify the legal framework of administrative regulation of the banking sphere by the President and the Government, and to formulate the proposals about the improvement of subordinate acts, defining the common issues of administrative regulation of the banking sphere and establishing the competence of the regulating bodies and organizations in this sphere. The author uses such general scientific methods as the dialectical method, analysis synthesis, deduction, and induction. The author also applies specific methods including the system-structural method, which is used for the analysis of the system of powers of the President and the Government and the normative acts issued by them, and their classification. The author concludes that the structures, directly dependent on the President and supporting his activities, give much attention to the banking sphere. The Government of the Russian Federation should be more active in the issues of public regulation of this sphere taking into account its particular importance for the national economy. The Bank of Russia should be subordinate and accountable to the Government of the Russian Federation; the Government should coordinate the issues of international cooperation in the banking sphere; the Government of the Russian Federation should issue subordinate normative acts related to the regulation of the banking sphere and dealing with the freedoms, rights and responsibilities of an indefinite range of people. The author defines other directions of activity of the Government of the Russian Federation in the banking sphere.

DOI: 10.7256/2454-0595.2017.3.21530

Abstract: The research subject is a legal status of a head of a municipal structure and the topical issues of legal regulation of a competition to the vacancy of the head of a municipal structure. The study is based on the results of the competition to the vacancy of the head of the municipal unit of Krasnodar. The author analyzes the Rules of competition and points out the significant normative drawbacks of this act, particularly, the problems of the list of documents the candidate should present to the competition committee. The author analyzes the opinions of legal scholars concerning this issue. The author applies general scientific methods: dialectical, historical, comparative-legal, system-structural, and system analysis. The author concludes that the competition procedure contains some legal nuances. Most questions are connected with the application procedure and with the list of necessary documents. The author concludes that “executive” municipal authorities gradually lack electiveness. It is important to guarantee observance of the fundamental legal principles. The procedure of the competition to the vacancy of the head of the municipal unit of Krasnodar should guarantee broad participation of citizens. 

DOI: 10.7256/2454-0595.2016.11.19294

Abstract: The research subject is the novels of the Administrative Procedure Rules of the Russian Federation, particularly, the proceedings on administrative cases on the creation of statutory charges and sanctions. This procedure hasn’t been introduced for general jurisdiction courts so far. The author considers the connection of such theoretical notions as “tax disputes” and “public-law disputes” with the practical aspects of such types of legal proceedings. The author notes the differences between the procedure of creation of statutory charges and sanctions in comparison with arbitration proceedings. The author points at the positive sides of the adoption of this chapter of the Administrative Procedure Rules for the law enforcement practice. The author applies such general scientific methods as dialectics, the historical method, analysis, synthesis, deduction and induction. The author also applies special scientific methods: the historical-legal, comparative-legal, system-structural method and system analysis. This study is the first to apply theoretical substantiation of terminology and branch systematization to this chapter of the Administrative Procedure Rules of the Russian Federation. The author compares the corresponding chapters of the Administrative Procedure Rules and the Arbitration Procedure Code; prognosticates the enforcement of judicial procedure of the creation of statutory charges and sanctions; concludes about the positive role of this rule. 

DOI: 10.7256/2454-0595.2016.5.17348

Abstract: The research subject is the range of issues of law enforcement activities of administrative and jurisdictional bodies in the context of adoption of the Administrative procedure code of the Russian Federation. The adoption of a new codified statutory instrument is an uncommon happening for the Russian law. But some practical matters are already appearing in the enforcement of this Code. The author considers such issues as the practice of conflict resolution between citizens and organizations, their legal nature, statistical analysis and judicial practice. The author applies such general scientific methods as dialectics, analysis, synthesis, deduction, induction. The author also applies specific scientific methods including comparative-legal, system-structural, and the system analysis. The author concludes that, despite the fact that the Code contains significant and interesting legal novels, the adopted Code hasn’t been completed. It doesn’t provide for the balance of public and private interests, and it is narrow. The Administrative procedure code needs a substantial enhancement. 

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. 

DOI: 10.7256/2454-0595.2014.9.11949

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DOI: 10.7256/2454-0595.2014.3.10947

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DOI: 10.7256/2454-0595.2013.11.9637

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DOI: 10.7256/2306-9945.2013.2.647

Abstract: State veterinary supervision is an important mean of prevention of animals getting infected with dangerous diseases. In view of a difficult epidemic situation in the country and the world, the role of veterinary supervision is even increased. The author of the present article analyzes administrative experience in implementation of state veterinary inspections in Krasnodar Krai in 2012. The author compares the results of state veterinary supervision and administrative experience by the Directorate of the Federal Agency for Veterinary and Phytosanitary Supervision in the Krasnodar Krai and Republic of Adygeya and by state veterinary service of the Krasnodar Krai. The author describes the situation of African swine fever at the south of Russia. The comparative analysis proves the author's thesis that supervisory activity in the form of inspections must be necessarily distinguished from chargable veterinary services. It has been also proved that the majority of activities aimed at implementation of state veterinary supervision must be performed at the federal level. 

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