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Administrative Law and Procedure №2 - 2014
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.
Key words: vehicles of the executive power, regulative administrative act, systematization of the regulative administrative acts, administrative regulation
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.
Key words: sports, physical training, administrative responsibility, the administrative code of the Russian Federation, disqualification, doping, offense.
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.
Key words: constitution of the Russian Federation, administrative responsibility, administrative punishments, legislation on administrative offences
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.
Key words: administrative proceeding, judicial-expert support for the administrative proceedings, judicial expertology, the expert, the specialist, the unification of legislation on judicial-expert activity.
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.
Key words: public administration, public policy, decentralization of public authority, decentralization of public administration, authority, public authority, autonomous organization of the private sector.
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.
Key words: administrative-law fundamentals, innovations, professional official activities, system of officials, management, efficiency
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.
Key words: Administrative Code, expert, specialist, expert opinion, specialist consultation, forensic institute, institute the using of special knowledge’s.
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.
Key words: soft power, international relationship, Rossotrudnichestvo, public diplomacy, humanitarian cooperation
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.
Key words: Codification, Russia Federation Service Code, service law, state service.
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.
Key words: level of public danger of the act, administrative and criminal punishments, adequacy of punishments, differentiation of amount of punishments.
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.
Key words: human rights abuse, insult, proving and arguments, expert examination, kinds of insult structures
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.
Key words: administrative and legal regulation, tax payments, tax planning, tax optimization
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.
Key words: organizational-executive documents, regulation, tax record, legal entity, Unified State Register.
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.
Key words: Legal relationship, subject, object, subjects of customs legal relationship, interest, requirement
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.
Key words: crimes, administrative offences, crime, extra-judicial responsibility
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.
Key words: jurisdiction, administrative jurisdiction, sea spaces, the jurisdiction of the state.
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.
Key words: administrative responsibility, administrative offence, tax offence, administrative procedure, tax procedure, studies of consideration of a case.
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.
Key words: police, fighting corruption, prohibitions, entrepreneurial activities, secondary employment, taking gifts.
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.
Key words: Constitution, generally recognized principles and rules of international law, legal status of man and citizen.
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.
Key words: state management, federal property, property law.
A review of book Yarkov S.V. Control of the arbitration court of the lawfulness of the activities (inaction) of bodies of public administration and its officials
Review on the book «Administrative justice in the Russian Federation: development of the theory and formation of the administrative procedure law»