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Administrative Law and Procedure №2 - 2014

  • Юсупов Виталий Андреевич, Старилов Юрий Николаевич, Хазанов Сергей Дмитриевич, Ноздрачев Александр Филиппович,

    50-летие доцента Леонида Борисовича Хвана С. 5

    Ноздрачев Александр Филиппович, Заслуженный деятель науки Российской Федерации, доктор юридических наук, профессор;

    Старилов Юрий Николаевич, Заслуженный деятель науки Российской Федерации, доктор юридических наук, профессор;

    Хазанов Сергей Дмитриевич, кандидат юридических наук, профессор;

    Юсупов Виталий Андреевич, Заслуженный юрист Российской Федерации, доктор юридических наук, профессор

АКТУАЛЬНЫЕ ПРОБЛЕМЫ АДМИНИСТРАТИВНОГО ПРАВА И ПРОЦЕССА
  • Studenikina Marina Semenovna,

    Regulatory legal acts of management as a form of realization of executive power p. 6-11

    Studenikina Marina Semenovna, Honored Lawyer of the Russian Federation, professor of the Chair of Administrative Law and Procedure of O.E. Kutafin Moscow State Law University, candidate of juridical sciences

    Regulatory legal acts of management as a form of realization of executive power

    The article deals with legal administrative acts as a preeminent vehicle of the executive power. A definition of the concept of such acts and their legal nature is given, followed by their classification and typology, requirements for the regulative administrative acts and their place in the legal system, as well as possible scenarios for raising effectiveness of their elaboration and enactment.

  • Zhabin Nikita Aleksandrovich,

    Administrative responsibility in the sphere of sport p. 12-15

    Zhabin Nikita Aleksandrovich, student of professor Marina Semenovna Studenikina, teacher of the Chair of Administrative Law and Procedure of O.E. Kutafin Moscow State Law University, candidate of juridical sciences, member of the Commission for Sport Law of the Association of Lawyers of Russia and the National Association of Sport Lawyers

    Administrative responsibility in the sphere of sport

    In the article is considered the questions of application administrative responsibility for offences in the sphere of physical training and sports movement. The analysis of rules of the administrative code of the Russian Federation is carried out, which covers responsibility in the sport area, as well as changes in physical training and sports current legislation are investigated, which concern , inter alia, the increase of fans `responsibility.

  • Knyazev Sergej Dmitrievich,

    Constitutional standards of administrative responsibility in the legal system of the Russian Federation p. 16-22

    Knyazev Sergej Dmitrievich, Honored Scientist of the RF, Honored Lawyer of the Russian Federation, Judge of the Constitutional Court, doctor of juridical sciences, professor, Deputy Head of the Chair of Constitutional and Administrative Law of Far-Eastern Federal University

    Constitutional standards of administrative responsibility in the legal system of the Russian Federation

    The distinctive characteristic, stipulated in the Constitution, of the Russian Federation as a state under the rule of law imposes exclusive demands on the legislative regulation of administrative responsibility. On the basis thereof, the article substantiates of the necessity of harmonization of the effective legislation on administrative offences with the constitutional standards (principles); attends to inadmissibility of excessive coercion with administrative punishment and of arbitrary (ambivalent) imposition of administrative sanctions.

  • Rossinskaya Elena Rafailovna,

    The Code on Administrative Judicial Proceeding and problems of unification of legislation on forensic analytical activities p. 23-28

    Rossinskaya Elena Rafailovna, Honored Scientist of the Russian Federation, Director of the Institute of Forensic Expert Evaluations, Head of the Chair of Forensic Expert Evaluations of O.E. Kutafin Moscow State Law University, doctor of juridical sciences, professor

    The Code on Administrative Judicial Proceeding and problems of unification of legislation on forensic analytical activities

    The article considers the forensic expert support for the administrative procedure, regulated adopted in first reading by the State Duma of the Russian Federation Code of administrative proceedings. Based on judicial expertology, the author substantiates the necessity of unification of legislation on judicial-expert activity, regardless of the type of proceedings. Based on a comparative analysis of the norms regulating the judicial-expert activity in the Code of administrative procedure and norms adopted in the first reading by the State Duma of the Russian Federation Federal law «On forensic activities in the Russian Federation proposals on the improvement of the procedural regulation of the judicial-expert activity in administrative proceedings.

  • Ponkin Igor’ Vladislavovich,

    Theory of state management: decentralization of public administration p. 28-33

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

    Theory of state management: decentralization of public administration

    The article describes the content of the principle of decentralization of public authority and public management. Presents the author’s definitions. Investigated the form of and type of decentralization. Showing the advantages and disadvantages of decentralization of public administration.

  • Komakhin Boris Nikolaevich,

    Unity of methodological and administrative-law fundamentals of development of professional official activities p. 33-36

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

    Unity of methodological and administrative-law fundamentals of development of professional official activities

    The author made an attempt to prove the necessity of development of professional official activities on the basis of strengthening the unity of methodological and administrative-law fundamentals thereof. By virtue of analysis of complex and thematic problems the author formulates the whole of theoretical provisions which make guidelines for formation of official-law analytics and innovations - the unity of theory and practice of innovational development of official activities.

АДМИНИСТРАТИВНАЯ РЕФОРМА
  • D’yakonova Oksana Gennad’evna,

    The institute of use of special knowledge in the draft Code of Administrative Judicial Proceeding p. 36-39

    D’yakonova Oksana Gennad’evna, assistant professor of the Chair of Civil-Law Subjects of Tula Branch of Russian Law Academy for the Ministry of Justice of the Russian Federation, candidate of juridical sciences

    The institute of use of special knowledge in the draft Code of Administrative Judicial Proceeding

    Approved by the State Duma in the first reading the Project of the Administrative code calls some questions, including, using of special knowledge’s in the administrative proceedings. Considering interbranch character of institute of special knowledge’s, the author carries out the comparative analysis and comes to conclusion about inadmissibility of acceptance of the Administrative code containing contradictory positions.

  • Smirnov Alexander Aleksandrovich,

    Administrative-law status of Rossotrudnichestvo as key actor of implementation of soft power p. 39-41

    Smirnov Alexander Aleksandrovich, Phd (Law), Associate Professor, Senior Researcher Russia MI FPOI National Research Institute

    Administrative-law status of Rossotrudnichestvo as key actor of implementation of soft power

    In article administrative-law status of Rossotrudnichestvo as the main federal executive government body responsible for implementation “soft force” is analyzed. Legal and organizational bases of its activity and authorities in the field are considered.

  • Chashin Aleksandr Nikolaevich,

    Prerequisites of codification of official legislation p.42-43

    Chashin Aleksandr Nikolaevich, teacher of the Chair of Theory and State and Law of Magadan Branch of O.E. Kutafin Moscow State Law University, Chairman of the College of advocates of Magadan Region “Dal’nevostochnaya”, candidate of juridical sciences

    Prerequisites of codification of official legislation

    Comparative analysis of major federal service law statuses draws a picture of a necessity of codification of service law.

АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ И ЕЕ ПРИМЕНЕНИЕ
  • Popugaev Yurij Il'ich,

    On the necessity of differentiation of amounts of administrative and analogous criminal punishments taking into consideration the level of public danger of the act p. 43-46

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

    On the necessity of differentiation of amounts of administrative and analogous criminal punishments taking into consideration the level of public danger of the act

    The author notes the disparity between the amount of a great number of administrative punishments and the social danger of offences; stresses the unacceptability of violation of principles of justice and equality of citizens before law in consequence of assignment of punishment for administrative law offences which in its amount and character equals or exceeds a criminal punishment. On the basis of comparative-law analysis of relevant articles of the Code for Administrative Law Offences and the Criminal Code of the RF the author makes conclusions on the necessity of differentiation of amounts of administrative and analogous criminal punishments taking into consideration the level of public danger of relevant offences.

  • Meshheryakova Tat’yana Radikovna,

    Administrative responsibility for the act of outrage p. 46-49

    Meshheryakova Tat’yana Radikovna, Head of the Chair of Public-Law Subjects of G.I. Nosov Magnitogorsk State Technical University, candidate of juridical sciences

    Administrative responsibility for the act of outrage

    The article deals with peculiarities of insult qualification, difference of insult from discrimination, constitutional jurisprudence of administrative responsibility for insult, in the article the ways of administrative violations legislation improvement are offered.

АДМИНИСТРАТИВНАЯ ПРАКТИКА
  • Mal'tsev Oleg Valer'evich,

    Administrative-law regulation of tax optimization p. 50-55

    Mal'tsev Oleg Valer'evich, assistant professor of the Chair of Civil and Entrepreneurial Law of National Research University «Higher School of Economics», Perm Branch (Perm), candidate of juridical sciences, assistant professor

    Administrative-law regulation of tax optimization

    In article Some methods of tax optimizations. Moreover, in article analyzed the essence of tax optimization. The article draws attention to the prospects for legal optimization of legal constructions of the current taxes of the RF. The author notes that the tax system of the RF requires considerable improvement.

  • Komlev Vitalij Nikolaevich,

    Administrative-law regulation of issues of tax registration of subdivision of a legal entity p. 55-58

    Komlev Vitalij Nikolaevich, Deputy General Director of LLC «Klyuch-Consulting»

    Administrative-law regulation of issues of tax registration of subdivision of a legal entity

    The subdivision of a legal entity is deemed to be any territorially separated subdivision of a legal entity, where permanent workplaces are made.

  • Chermyaninov Dmitrij Viktorovich,

    Object and subject-matter of customs legal relations p. 58-61

    Chermyaninov Dmitrij Viktorovich, assistant-professor of the Chair of Administrative Law of Ural State Law Academy, candidate of juridical sciences

    Object and subject-matter of customs legal relations

    Analyzing and summarizing the science investigations concerning the question of public legal relationships which we can find in the science literature the author comes to the conclusion that there can’t be universal determination suitable for all branches of prescriptive rights. In the article there is a suggestion of a new formula for the object of custom legal relationships and it is stressed the subject of the legal relationships.

ЗАРУБЕЖНЫЙ ОПЫТ
  • Voloshhuk Anatolij Nikolaevich,

    On the issue of delimitation of criminal legal violations and administrative offences in Ukraine p. 62-66

    Voloshhuk Anatolij Nikolaevich, Honored Lawyer of Ukraine, Rector of Odessa State University of Internal Affairs, doctor of juridical sciences, assistant professor

    On the issue of delimitation of criminal legal violations and administrative offences in Ukraine

    The author analyses the current legislation and scientific viewpoints with regard to delimitation of crimes and administrative offences; introduces proposals on improvement of certain legal rules.

  • Averochkina Tat'yana Vladimirovna,

    Administrative jurisdiction of Ukraine in the sea p. 66-69

    Averochkina Tat'yana Vladimirovna, assistant professor of the Chair of Maritime and Customs Law of National University «Odessa Law Academy», candidate of juridical sciences, senior researcher

    Administrative jurisdiction of Ukraine in the sea

    The article explains the need for a theory of administrative law institute administrative jurisdiction of the state in the sea areas. We study the existing regulatory framework, in accordance with which this type of jurisdiction is Ukraine. Determined that his foundation advocated by international agreements that secure legal status and legal regime of the sea areas.

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

    Procedural problems of systematization of administrative-tax delicts and perspectives of solution thereof p. 69-72

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

    Procedural problems of systematization of administrative-tax delicts and perspectives of solution thereof

    The article is devoted to consideration of topical problems of correlation of the administrative procedure in the field of tax legislation and the tax procedure.

  • Gustova Lidiya Vyacheslavovna,

    Anti-corruption prohibitions established with regard to police officials p. 73-75

    Gustova Lidiya Vyacheslavovna, graduate student of the Chair of Customs, Administrative and Financial Law of N.G. Cherny'shevskij Saratov State University

    Anti-corruption prohibitions established with regard to police officials

    The article concerns some prohibitions of anti-corruption character established for police officials. The author notes that formulation of some of them is not sufficient and proposes to apply the experience of Great Britain and the USA for solution of this problem.

  • Gagloev David Vladimirovich,

    On the issue of responsibility for violation of rules of organization and carrying out public events p. 76-80

    Gagloev David Vladimirovich, assistant of the Chair of Constitutional and Municipal Law, degree-seeking student of the Chair of Constitutional and Municipal Law of Peoples' Friendship University of Russia

    On the issue of responsibility for violation of rules of organization and carrying out public events

    Readers' attention is drawn to the issues of responsibility for violations of rules of organization of participation in public events.

  • Snetkova Dar'ya Nikolaevna,

    Some peculiarities of management of federal property p. 80-83

    Snetkova Dar'ya Nikolaevna, degree-seeking student at the Chair of Administrative Law of O.E. Kutafin Moscow State Law University

    Some peculiarities of management of federal property

    The article concerns peculiarities of state management of federal property which is a complex law category that cannot be considered only from the viewpoint of civil-law rules. So far as concerns the state-owner the classical trine of possession, use and disposal shall include the public-law mechanism which will add an administrative-law character to the relations in question.

РЕЦЕНЗИИ