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Administrative Law and Procedure №1 - 2014

АКТУАЛЬНЫЕ ПРОБЛЕМЫ АДМИНИСТРАТИВНОГО ПРАВА И ПРОЦЕССА
  • Razarenov Fedor Savel’evich

    Concept and the value of administrative supervision, achieved by the police p. 3-4

    Razarenov Fedor Savel’evich Honored Lawyer of the Russian Federation, candidate of juridical sciences, professor (for the first time the material was published in Paragraph 1 of educational manual of F.S. Razarenov “Administrative supervision of militia”. М. : UUZ MVD USSR. 1969. P. 3–9). Reprinting is effectuated with consent of the daughter of professor F.S. Razarenov — professor Nataliya Fedorovna Popova.

    Concept and the value of administrative supervision, achieved by the police

    The article is dedicated to the examination of the characteristic of the administrative supervision, achieved by the Soviet police. Are formulated the determination “of the administrative supervision”, its forms and signs.

  • Popova Nataliya Federovna,

    Role of the administrative procedures in the realization of rights, freedoms and responsibilities of the citizens RF p. 5-8

    Popova Nataliya Federovna, daughter of professor Razarenov Fedor Savel'evich, Honored Worker of the Agencies of Internal Affairs of the Russian Federation, senior researcher at the All-Russia Science Research Institute of the Ministry of Internal Affairs of Russia, doctor of juridical sciences, professor

    Role of the administrative procedures in the realization of rights, freedoms and responsibilities of the citizens RF

    The article is dedicated to the examination of the role of the administrative procedures in the realization of rights, freedoms and responsibilities of the citizens in the sphere of state administration. The classification of these procedures is proposed. The connection of administrative regulation and administrative procedures is examined.

  • Popova Nadezhda Nikolaevna

    Territory as the object of administrative-legal regulation p. 9-11

    Popova Nadezhda Nikolaevna, granddaughter of Professor Razarenov Fedor Savel'evich, advocate of Law Office №5, Moscow, candidate of juridical sciences

    Territory as the object of administrative-legal regulation

    The article is dedicated to the characteristic of territory as the object of administrative-legal regulation. The criteria of the classification of territory RF to the specific forms are determined. Deficiencies in their administrative-legal regulation.

  • Shergin Anatolij Pavlovich,

    To the 90th anniversary of Professor Razarenov Fedor Savel'evich! p. 12

    Shergin Anatolij Pavlovich, Honored Scientist of the Russian Federation, adjunct of the Chair of Professor Razarenov Fedor Savel'evich, senior researcher at the All-Russia Science Research Institute of the Ministry of Internal Affairs of Russia, doctor of juridical sciences, professor

    To the 90th anniversary of Professor Razarenov Fedor Savel'evich!

  • Marty'nov Aleksej Vladimirovich

    System «Open government» such as one of the main mechanisms of open state governance in Russia p. 13-22

    Marty'nov Aleksej Vladimirovich, Pro-rector for management of branches, Head of the Chair of Legal Support of Management Activities of the Faculty of Management and Entrepreneurship of the Nizhnij Novgorod State University of named N.I. Lobachevskij, doctor of juridical sciences, assistant professor

    System «Open government» such as one of the main mechanisms of open state governance in Russia

    In the paper a new mechanism (system) “Open Government” used by the Government of the Russian Federation in 2012, that will improve the interaction of the authorities and the population, aimed at increasing public trust and ensuring open government. The author discusses the main forms of participation of the population (citizens, experts, non-governmental organizations) in the activities of Open Government, aims, objectives and principles of Open Government, its main working bodies. Particular attention is given in the article the powers and procedures of forming the Advisory Council of the Government of the Russian Federation.

  • Goncharov Igor' Vladimirovich, Vasil'ev Fedor Petrovich,

    Modern features of the Federal Register of normative legal acts of the constituent entities of the Russian Federation p. 23-26

    Goncharov Igor' Vladimirovich, Deputy Head of the Management Academy of the Ministry Internal Affairs of Russia, doctor of juridical sciences, professor, police colonel

    Vasil'ev Fedor Petrovich, assistant professor of the Chair of Management of Activities of Services of Ensuring of Public Order for the Academy of Management of the Ministry of Internal Affairs of Russia, doctor of juridical sciences, assistant professor, police colonel

    Modern features of the Federal Register of normative legal acts of the constituent entities of the Russian Federation

    The theme chosen by the authors in conditions of reforming government and substantial revisions and additions in the area of normsetting activities (NPA) is highly relevant. In addition, over the past five years redefined the powers of (extended) of the Ministry of Justice and its territorial bodies. Thus, the article will be useful for all categories of readers, as well as those interested in the authority of the Ministry of Justice.

  • Ponkin Igor Vladislavovich,

    Theory of public administration: the instruments of public administration and public policy p. 27-30

    Ponkin Igor Vladislavovich, professor of the Chair of Legal Support of State and Municipal Service of Faculty "International Institute of State Service and Management" of the Russian Academy of People's Economy and State Service attached to the President of the Russian Federation, doctor of juridical sciences, professor

    Theory of public administration: the instruments of public administration and public policy

    The article is devoted to the characteristics of instruments of public administration and public policy. The definitions of the terms «public administration» and «public policy» is given. Types of instruments of public administration and public policy (measures, tools, mechanisms) are investigated. The concept of a «new» model of public administration and the «new» public management embedded in its foundation are described.

  • Popugaev Yurij Il’ich,

    On features of administrative law violation from the viewpoint of the process of delictization of action p. 31-33

    Popugaev Yurij Il’ich, First Deputy Head of the All-Russia Science Research Institute of the Ministry of Internal Affairs of Russia, candidate of juridical sciences, assistant professor, рolice major general

    On features of administrative law violation from the viewpoint of the process of delictization of action

    The article reveals the features of administrative law violation from the viewpoint of the process of delictization of action, substantiates in detail the presence of such a feature as public danger, presents arguments, formulates the conclusion on feasibility of inclusion into the legislative definition of the administrative law violation of the feature of public danger (danger).

  • Umanskaya Viktoriya Petrovna,

    Managerial system communication in law-making p. 34-35

    Umanskaya Viktoriya Petrovna, assistant professor of the Chair of Administrative and Financial Law of the Russian Law Academy of the Ministry of Justice of the Russian Federation, candidate of juridical sciences, assistant professor

    Managerial system communication in law-making

    The article examines management communication resulting in a system of law-making, through which you can determine the condition of the system and the stage of its development. Management system communication reflect the presence in it emergent properties that give additional impetus to the process of management.

  • Ordina Olga Nikolaevna,

    Sources of administrative law and their system p. 36-37

    Ordina Olga Nikolaevna, assistant professor of the Chair of Administrative Law of the Volga-Vyatskij Institute (Branch) of the Moscow State Law University named after O.E. Kutafin, candidate of juridical sciences

    Sources of administrative law and their system

    Importance and need of developing the theme of the sources of Russian administrative law is at present caused by the serious transformation of their system, caused by the social, political and economic reforms, proceeding in the Russian society. Insufficient source strength of administrative law causes the need for scientific analysis of causes, which caused changes of their system in the contemporary conditions, the estimation of the consequences of these changes, and also production of the measures, which make it possible to modernize the system of the sources of domestic administrative law, to optimize its development.

АДМИНИСТРАТИВНАЯ РЕФОРМА
  • Gubareva Anna Viktorovna,

    Relations in the Sphere of State Regulation of Foreign Trade p. 38-41

    Gubareva Anna Viktorovna, Associate Professor of Business Law Department Ural State Law Academy candidate of legal sciences, docent

    Relations in the Sphere of State Regulation of Foreign Trade

    The existence of two dimensions of the law — Public and Private Law — affects the economic nature of the foreign trade. The legal aspect of foreign trade includes not only exchange in civil rights objects between the national economics (private legal relations) but the control over their migration as well (public legal relations). The author provides analysis of relations in the sphere of state regulation of foreign trade.

  • Komakhin Boris Nikolaevich,

    Strategy of anticorruption behavior of state officials: administrative-law characteristics p. 42-45

    Komakhin Boris Nikolaevich, doctoral student of the Moscow University of the Ministry of Internal Affairs of Russia, candidate of juridical sciences

    Strategy of anticorruption behavior of state officials: administrative-law characteristics

    The article describes legal and moral requirements of the strategy ofanticorruption behavior ofstate officials in the form of a managerial model. The author draws attention to creation of a single corruption standard of official behavior on the basis of norms of administrative, labor and municipal law; substantiates the conclusion: the model in question shall be a typical model of actions of each official aimed at prophylactics of corruption and ensuring constitutional equality of everybody before the law and the court.

  • Migachev Yurij Ivanovich, Molchanov Nikolaj Andreevich,

    Legal fundamentals of national security (administrative and information aspects) p. 46-49

    Migachev Yurij Ivanovich, professor of the Chair of Administrative Law and Procedure of the Moscow State Law University named after O.E. Kutafin, doctor of juridical sciences, professor

    Molchanov Nikolaj Andreevich, Honored Scientist of the Russian Federation, Head of the Science Education Centre for Law Support of National Security of the Moscow State Law University named after O.E. Kutafin, doctor of military sciences, professor

    Legal fundamentals of national security (administrative and information aspects)

    The article considers fundamental peculiarities of legal regulation of national security of the Russian Federation, impact of administrative law on the contents of information security as a component of national security. On the basis of the analysis made with regard to the legal and regulatory framework, the Strategy of the national security of the Russian Federation till 2020, the author formulates the proposals on improvement of administrative-law regulation of national security.

  • Sukharev Aleksandr Sergeevich,

    Administrative remedies and methods to counter corruption in public administration p. 50-53

    Sukharev Aleksandr Sergeevich, Managing Partner of Moscow Law Office «Sukharev and Partners», candidate of juridical sciences

    Administrative remedies and methods to counter corruption in public administration

    The article concerns legal analysis of the legislatively determined concept of corruption, certain causes and conditions of arising and manifestation thereof in the sphere of state administering. The author of the article proposes introduction of amendments into the rules of certain articles of the federal administrative legislation.

АДМИНИСТРАТИВНАЯ ПРАКТИКА
  • Kokurina Olga Yur’evna,

    Labor Awards of the Russian Federation p. 54-60

    Kokurina Olga Yur’evna, assistant professor of the State University Management

    Labor Awards of the Russian Federation

    The article shows the significant role of the category of labor as material and moral values and traditional Russian valuable foundation for the establishment and application of the awards of the Russian state. The author examines the award traditions of the imperial Russia and the Soviet Union in the sphere of labor merits. This paper analyzes the formation of the state award institute of the Russian Federation, shows advisability of expanding the complex awards for work achievements.

  • Sergeeva Yuliya Valer'evna,

    Role of agencies of internal affairs in the system of counteraction of youth extremism p. 61-62

    Sergeeva Yuliya Valer'evna, Deputy Head of the Centre for Counteraction of Extremism of the Administration of the Ministry of Internal Affairs of Russia in the Ulyanovsk Region

    Role of agencies of internal affairs in the system of counteraction of youth extremism

    The article explains the importance of the problem of sharing youth extremism in the Russian Federation, defines the role of law enforcement bodies in the fight against extremism, the main activities, problems and suggestions to improve mechanism to combat youth extremism.

  • Kiselev Anatolij Kirillovich,

    Comparative characteristics of the salaries of police officers in the Russian Federation and the United States of America p. 63-64

    Kiselev Anatolij Kirillovich, Head of the Chair of History and Theory of State of the North Caucasian Social Institute, doctor of historical sciences, assistant professor

    Comparative characteristics of the salaries of police officers in the Russian Federation and the United States of America

    On the basis of statistical data the author makes a comparative analysis of the salaries of police officers in the RF and the USA, interesting and comparison with the average wages in other sectors of the civil service.

  • Ivanskij Valerij Prokop'evich,

    Research methodology legal nature of «the inner man» reality (Part 2) p. 65-70

    Ivanskij Valerij Prokop'evich, assistant professor of the Chair of Administrative and Financial Law of the People’s Friendship University of Russia, candidate of juridical sciences

    Research methodology legal nature of «the inner man» reality (Part 2) (Continued in article number 12, 2013)

    The article examines a specific methodology connected to “the inner man” legal nature comprehension. A specific methodology is a set of methods, techniques and principles of knowledge that intended to study not the external aspects of the law being, but internal aspects. It includes the following methods (approaches): phenomenological, system-informational, genetic, as well as synergistic and hermeneutic.

ЗАРУБЕЖНЫЙ ОПЫТ
  • Smirnov Aleksandr Aleksandrovich,

    European standards of the legal regulation of the media coverage of terrorism p. 71-73

    Smirnov Aleksandr Aleksandrovich, doctoral student of the All-Russia Science Research Institute of the Ministry of Internal Affairs of Russia, candidate of juridical sciences, assistant professor

    European standards of the legal regulation of the media coverage of terrorism

    The article is dedicated to studying of a problem of the media coverage of terrorism. The thesis substantiates need of framework legal regulation of the media coverage of terrorism. The contents of the relevant international acts of the Council of Europe are analyzed and the assessment of possibility of their use in the Russian Federation is given.

ТРИБУНА МОЛОДОГО УЧЕНОГО
  • Kalantarova E'l'vira Ibragimovna,

    About some differences in rules of substantive law, setting the general provisions on the responsibility for offenses in the field of tax legislation p. 74-76

    Kalantarova E'l'vira Ibragimovna, graduate student of the Law Faculty named after M.M. Speranskij of the Russian Academy of People’s Economics and State Service attached to the President of the Russian Federation

    About some differences in rules of substantive law, setting the general provisions on the responsibility for offenses in the field of tax legislation

    The article is devoted to the comparison of general provisions on the responsibility for offenses in the field of tax legislation of the Code of Administrative Offences of the Russian Federation and the Tax Code of the Russian Federation. It is found out, that the differences can be eliminated within the frame of the legislative process. Because of this, it is proposed to concentrate all administrative offences in the field of tax legislation in the Code of Administrative Offences of the Russian Federation.

  • Egoshina Yuliya Anatol’evna,

    Administrative procedure of interaction of Regional Department of the Ministry of Justice of the Russian Federation with public administration p. 77-78

    Egoshina Yuliya Anatol’evna, degree-seeking student of the Chair of Administrative and Financial Law of the Russian Law Academy of the Ministry of Justice of the Russian Federation

    Administrative procedure of interaction of Regional Department of the Ministry of Justice of the Russian Federation with public administration

    In the article the definition and structure of Administrative procedure of Regional Department of the Ministry of Justice of the Russian Federation with public administration is developed.

  • Fedorenko Dmitrij Nikolaevich,

    About cooperation subdivision of corruption counteraction customs bodies with subdivisions оf investigation committee оf investigation of Russia p. 79-80

    Fedorenko Dmitrij Nikolaevich, assistant professor of the Chair of Operative Search Activities of the Institute of Law-Enforcement Activities of the Russian Customs Academy

    About cooperation subdivision of corruption counteraction customs bodies with subdivisions оf investigation committee оf investigation of Russia

    In the article author adduces the basic positions about cooperation subdivision of corruption counteraction customs bodies of Russian Federation and subdivisions оf investigation Committee оf investigation of Russian Federation.

  • Olejnik Marina Anatol'evna,

    Forms of bank financing of innovative projects p. 81-84

    Olejnik Marina Anatol'evna, graduate student of the Academy of Labor and Social Relations

    Forms of bank financing of innovative projects

    The article considers certain issues of administering of innovational projects, on perspectives of development of bank financing of innovational activities. The transfer of the state to innovation development requires participation of the banking sector in this process.

  • Paranosenkov Pavel Mikhajlovich,

    Public social essence of the police of the Russian Federation during the period of reform of the Ministry of Internal Affairs of Russia p. 85

    Paranosenkov Pavel Mikhajlovich, Deputy Head of the Headquarters of the Administration for the Main Administration of the Ministry of Internal Affairs in Moscow, mayor of internal service

    Public social essence of the police of the Russian Federation during the period of reform of the Ministry of Internal Affairs of Russia

    The author of the article considers public and social purpose of the police of the Russian Federation taking into consideration of circumstances which allow to consider legal regulation of activities of agencies of internal affairs as a large problem of a great importance both from the viewpoint of theory and practice.

РЕЦЕНЗИИ