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DOI: 10.7256/2454-0765.2014.2.13417
Abstract:
Kallagov T.E. - The forming and development
of municipal service during the local
self-government system reforms in modern Russia
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pp. 32-40
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DOI: 10.7256/2454-0765.2014.2.65608
Abstract: The subject of this research is the study of the defining traits of legal regulation of municipal
service in Russia during the period of active local self-government reforms. The definition of
modern local self-government formed along with the affirmation and development of the democratic
institutes, the interrelation between the state and the population being the cornerstone for the theories
that gained footing in this period. Partial separation of society from public authority and its organizational
autonomy in solving local issues became the basis of forming for existing models of local
self-government, the key traits of which were established in international Law, as well — Law like
the European Charter of Local Self-government. The methods employed in this work include the
general scientific dialectics method, and the consequent specific science methods, such as systemic
and structural, concrete sociological, legal technique, legal historical, comparative Law methods. The
usage of these methods allowed the author to examine the intended subject as a whole comprehensively
and objectively. The author draws the conclusion that government and municipal service Law
violations involve a broad spectrum of acts that are performed by individuals that occupy positions
of government and municipal service and who directly threaten the regular, legal activities of the
public administration apparatus. The most dangerous violations are those prohibited by Criminal
Law — crimes against state authority, public interests and the interests of state and municipal service.
Keywords:
m unicipal s ervice, p ublic a dministration, l ocal s elf-government, s tate c ivil s ervant, administrative reform, employment law, municipal authorities, division of powers, constitution, human rights.
DOI: 10.7256/2454-0765.2014.1.10334
Abstract:
Sitnik, A.A. - The higher legal education in Germany
in the conditions of transfer
to the Bologna system (an example
of the Potsdam University)
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pp. 54-65
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DOI: 10.7256/2454-0765.2014.1.63618
Abstract: The Federal Republic of Germany is an active participant of the European integration,
which has influenced the most important social and cultural spheres of the social lives of the
European states. The education (including legal education) is not excluded from it, and it undergoes
significant changes due to the introduction of the Bologna system, providing for the two levels of
higher education (Bachelor’s and Master’s programs). At the same time the Bologna system faces
criticism, due to the changes in the education standards and lowering of the requirements to the
students. It is especially topical in respect to the German higher legal education system, which has
lasted for centuries. The study of the experience of the Federal Republic of Germany shows that
the government of this state has managed to find the way to combine the national «state exam» system with the Bologna system. The reception of the positive German experience is quite topical
and interesting for Russia, which previously somewhat unnecessarily departed from its legal
education system in favor of the two-level Bologna system. The study has also shown that many
principles and provisions of the Bologna system are incorrectly applied in Russia. While writing this
article the author based his studies upon the comparative method, the method of vivid cognition,
linguistic method, general logical methods (such as analysis, synthesis, deduction, induction, etc.).
The scientific novelty is due to the conclusions and criticism based upon the above-mentioned
comparative analysis, which are as follows: 1) It is undoubted, that the positive feature of the German
higher legal education model is parallel use of old and new systems, allowing to keep the best
elements of the State Exam system, while bringing in the positive elements of the Bologna system.
It allows the future lawyer to choose and makes the system of higher legal education in Germany
more flexible in comparison with the Russian system. Also, keeping the old system allowed to avoid
a number of problems, which Russia had to face when transferring to the Bologna system. 2) It
is necessary to fill the gaps in the Russian legislation by providing in the Federal Laws « On the
Status of Judges in the Russian Federation», «On Advocacy and Advocate Activities in the Russian
Federation», «On Auditing», etc. the provisions under which the only persons entitled to special
types of legal activities should be the persons having Master’s degrees (possibly, it is reasonable
to require that the judges should also have a scientific degree (PhD). 3) the system of points used
in the Bologna higher education system is not exactly about grades, rather it is an instrument for
planning the workload of students for certain periods of time. Evaluation of quality of students’
work is given from 1 to 5 points. 4. The study modules in Master’s and Bachelor’s programs are not
formed within a certain discipline (that is, not by grouping certain topics together), rather several
courses are joined within the modules. 5. In Germany it is the special group of correctors and not
the lecturers, who evaluate control works of students. 6. The Bologna system does not necessarily
require an obligatory enlargement of an amount of practical work, on the opposite, the lectures
remain the main element of teaching. 7. One of the obligatory conditions for successful completion
of the Bachelor’s Program is writing and presenting a Bachelor’s thesis, which is only 30–50 pages
long. 8. The Bologna system of education facilitates harmonization of the education standards of
some European states, rather than improving the professional qualities of the graduate lawyers.
9. The tendency to favor the development of practical skills over the theoretical basis is typical
for the Western European education system, and its evaluation is ambivalent. Its positive elements
include the fact that the students leave the higher education institutions having a certain «baggage»
of knowledge on how to deal with certain types of practical problems. On the other hand, the
negative aspect of such education is that the student may have considerable difficulties facing the
problems, which they did not deal with in the course of their education (it mostly concerns the First
Legal Exam). 10. The referendariat practice which is widely used in Germany deserves positive
evaluation. This system allows the students go an experience in various spheres of legal activities,
which as a positive impact on their professional skills. At the same time, an obligatory practice
has little regard for the wishes of a lawyer himself concerning his future sphere of interests, and
it also lengthens the process of education of the future professionals.
Keywords:
higher legal education, education reform, Bologna system, state exam system, the Federal Republic of Germany, Bachelor’s program, Master’s program, Potsdam University, merit point system, modules.
Zemlyanskaya N.I. - The Role of the Public Interest in Regulatory Management of State and Municipal Spending
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DOI: 10.7256/2454-0765.2014.4.14083
Abstract: Abstract. The study examines the notion of "interest" which is widespread in the Russian legislation and scientific publications. It notes that there are different interpretations of the concept of legal interest in law. The notion encompasses the interests of the individual, society and the state. The work focuses on their relationship and manifestation in the implementation of public spending. One of the main criteria which serves as a basis for public expenditure allocation is the nature of interest shown in the planning and implementation of socially important spending. The main method used in the study is a comparative analysis of different points of view on the concept of "interest" and its variants. The study conducted by the author comes to the conclusion that the mentioned examples attest to the relationship between public spending and public interest. The study proves that the public financial and legal interest is of complex nature, it may address the needs of society, state and social group at the same time.
Keywords:
regulatory management of spending, ibudget, public spending, public interest, state interest, private interest, public interest, interest, spending, municipal entities
Zemlyanskaya N.I. - The Role of the Public Interest in Regulatory Management of State and Municipal Spending
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pp. 256-265
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DOI: 10.7256/2454-0765.2014.4.66167
Abstract: The study examines the notion of "interest" which is widespread in the Russian legislation and scientific publications. It notes that there are different interpretations of the concept of legal interest in law. The notion encompasses the interests of the individual, society and the state. The work focuses on their relationship and manifestation in the implementation of public spending. One of the main criteria which serves as a basis for public expenditure allocation is the nature of interest shown in the planning and implementation of socially important spending. The main method used in the study is a comparative analysis of different points of view on the concept of "interest" and its variants. The study conducted by the author comes to the conclusion that the mentioned examples attest to the relationship between public spending and public interest. The study proves that the public financial and legal interest is of complex nature, it may address the needs of society, state and social group at the same time.
Keywords:
regulatory management of spending, ibudget, public spending, public interest, state interest, private interest, public interest, interest, spending, municipal entities
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