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Administrative Law and Procedure №3 - 2014

АКТУАЛЬНЫЕ ПРОБЛЕМЫ АДМИНИСТРАТИВНОГО ПРАВА И ПРОЦЕССА
  • Sorokin Valentin Dmitrievich,

    Paradoxes of the Code of the Russian Federation on Administrative Law Violations p. 4-11

    Sorokin Valentin Dmitrievich, Honored Scientist of the Russian Federation, professor of the Chair of Administrative Law of St. Petersburg University of the Ministry of Internal Affairs of Russia

    Paradoxes of the Code of the Russian Federation on Administrative Law Violations

    For correct evaluation of the role and significance of the Code on Administrative Law Violations of the Russian Federation one shall be aware that among the codes of Russia regulating four types of juridical responsibility only two — the Criminal Code of the Code on Administrative Law Violations — consider regulation of criminal and administrative responsibility as a main and single task.

  • Avrutin Yurij Efremovich,

    Genesis of administrative law in social-culture and axiological aspect (reading over professor V.D. Sorokin) p. 11-21

    Avrutin Yurij Efremovich, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, professor of the Chair of Administrative Law of St. Petersburg University of the Ministry of Internal Affairs of Russia, doctor of juridical sciences, professor

    Genesis of administrative law in social-culture and axiological aspect (reading over professor V.D. Sorokin)

    The article analyzes the role of the works V.D. Sorokin in the formation of modern con cepts about the administrative procedure law and its values.

  • Rossinskij Boris Vul’fovich,

    Thoughts on the guilt of a juridical person after a new interpretation of the work of V.D. Sorokin “Commentary of selected extracts from the Code of the Russian Federation on Administrative Law Violations” p. 22-27

    Rossinskij Boris Vul’fovich, Honored Lawyer of the Russian Federation, Pro-Rector for Educational Activities, Head of the Chair of Administrative and Financial Law of Russian Law Academy of the Ministry of Justice of the Russian Federation, doctor of juridical sciences, professor

    Thoughts on the guilt of a juridical person after a new interpretation of the work of V.D. Sorokin “Commentary of selected extracts from the Code of the Russian Federation on Administrative Law Violations”

    The article is devoted to the administrative law issue — the definition of the legal entity of guilt when appointing him an administrative penalty. The author’s ideas are considered in parallel with the analysis of views on this issue one of the main critics of the Administrative Code in existing approaches to the concept of guilt legal entity Honored Scientist of the Russian Federation, Doctor of Law, Professor V. Sorokin.

  • Kaplunov Andrej Ivanovich,

    Significance of works of V.D. Sorokin for development of scientific ideas on administrative procedure and the status of administrative-procedure legislation p. 28-35

    Kaplunov Andrej Ivanovich, disciple of professor Sorokin Valentin Dmitrievich, professor of the Chair of Administrative Law of St. Petersburg University of the Ministry of Internal Affairs of Russia, doctor of juridical sciences, professor

    Significance of works of V.D. Sorokin for development of scientific ideas on administrative procedure and the status of administrative-procedure legislation

    The article analyzes the main approaches to the understanding of the administrative process as a form of legal process, especially developed V.D. Sorokin concept managerial approach to the understanding of the administrative process, its importance for the development of scientific ideas about the concept of the administrative process and place the administrative procedure law in the Russian law.

  • Denisenko Viktor Vasil'evich,

    «Do not put the God in a rage» (recollections on professor Valentin Dmitrievich Sorokin) p. 35-41

    Denisenko Viktor Vasil'evich, disciple of professor Sorokin Valentin Dmitrievich, professor of the Chair of Constitutional and Administrative Law of Krasnodar University of the Ministry of Internal Affairs of Russia, doctor of juridical sciences, professor

    «Do not put the God in a rage» (recollections on professor Valentin Dmitrievich Sorokin)

    The article is prepared for the 90 anniversary since the birth of professor Valentin Dmitrievich Sorokin. The author tells about the friendship with the hero of the anniversary, about his personal and professional qualities which have allowed it to become one of leading scientists-administrativistov of Russia.

  • Sevryugin Viktor Egorovich,

    Significance of works of professor V.D. Sorokin for formation and development of administrative procedure and administrative-procedure law (to the 90th jubilee) p. 41-44

    Sevryugin Viktor Egorovich, Honored Lawyer of the Russian Federation, Head of the Chair of Administrative and Financial Law of Tyumen State University, doctor of juridical sciences, professor

    Significance of works of professor V.D. Sorokin for formation and development of administrative procedure and administrative-procedure law (to the 90th jubilee)

    The article describes the main provisions of VD Sorokin author’s concept of the management approach to the understanding of the administrative process, its importance for the development of scientific ideas on administrative procedure and administrative procedure law.

  • Kononov Pavel Ivanovich,

    Administrative procedure and administrative judicial proceeding: controversial issues of understanding and correlation p. 45-49

    Kononov Pavel Ivanovich, Judge of the Higher Arbitrazh Appellate Court, doctor of juridical sciences, professor

    Administrative procedure and administrative judicial proceeding: controversial issues of understanding and correlation

    The article expounds authors approach by of understanding of administrative process and administrative judicial proceeding as independent species of juridical process, according to which administrative judicial proceeding arise on base and in connection with partial or complete of examination to organs of public administration administrative cases in limits of administrative process.

  • Shatov Sergej Alekseevich,

    «Managerial» conception of administrative procedure of V.D. Sorokin and legal significance thereof p. 49-52

    Shatov Sergej Alekseevich, disciple of professor Sorokin Valentin Dmitrievich, assistant professor of the Chair of Criminal Law of Pskov Law Institute of the Federal Service for Execution of Punishments of Russia, candidate of juridical sciences, assistant professor

    «Managerial» conception of administrative procedure of V.D. Sorokin and legal significance thereof

    The author considers substantive provisions of the “administrative” concept of the administrative procedure, stated in V.D. Sorokin’s proceedings. In the given context the concept and the signs of administrative procedure reflecting its special social-legal nature are investigated

  • Umanskaya Viktoriya Petrovna,

    Proceeding on adoption of regulatory rules of state government as a part of administrative procedure: influence of ideas of professor V.D. Sorokin p. 52-56

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

    Proceeding on adoption of regulatory rules of state government as a part of administrative procedure: influence of ideas of professor V.D. Sorokin

    The article investigates the proposed VD Sorokin approach to review the adoption of regulatory legal acts as an independent production in the system of administrative process. It considers contemporary views on this issue and examines prevailing law-making activities of the executive power.

  • Mil’shin Yurij Nikolaevich,

    Administrative discretion in implementation of a permissive method of legal regulation p. 56-58

    Mil’shin Yurij Nikolaevich, Head of the Cycle of General Law and Social Subjects of the Educational Centre of the Administration for the Federal Service of Execution of Punishments for Saratov Region, candidate of juridical sciences, professor

    Administrative discretion in implementation of a permissive method of legal regulation

    Administrative discretion in the implementation of the authorization method is considered as a degree of freedom of the executive power in the management decision-making. Analyzes the limits of administrative discretion in the activities of regulatory authorities.

АДМИНИСТРАТИВНАЯ РЕФОРМА
  • Yakimov Aleksandr Yur'evich,

    Regulatory fundamentals for teaching drivers of motor vehicles effectuating deliveries of passengers and cargoes (problems and perspectives) p. 59-66

    Yakimov Aleksandr Yur'evich, Honored Lawyer of the Russian Federation, Adviser to the President of the Russian Union for Motor Vehicles' Insurers, doctor of juridical sciences, professor

    Regulatory fundamentals for teaching drivers of motor vehicles effectuating deliveries of passengers and cargoes (problems and perspectives)

    The article concerns consideration of issues related to teaching of drivers of motor vehicles effectuating deliveries of passengers and cargoes. On the basis of analysis of provisions of legislative and sub-legal acts of the RF, the RSFSR and the USSR as well as international documents the author studies regulatory fundamentals of teaching drivers of motor vehicles. In the conclusion the author formulates proposals aimed at improvement of regulatory framework for the system of teaching of the said drivers.

  • Kirin Anatolij Vadimovich, Pobezhimova Nelli Ivanovna,

    Topical problems of the administrative reform p. 67-71

    Kirin Anatolij Vadimovich, Honored Lawyer of the Russian Federation, Senior Adviser of the State Law Department of the President of the Russian Federation, doctor of juridical sciences

    Pobezhimova Nelli Ivanovna, professor of the Chair of Administrative Law and Procedure of the M.M. Speranskij Law Faculty of the Russian Academy of People's Economy and State Service attached to the President of the Russian Federation, candidate of juridical sciences, professor

    Topical problems of the administrative reform

    The article considers the experience of realization and basic problems of the administrative reform in the post-soviet Russian Federation.

  • Starostin Sergej Alekseevich,

    On necessity and ways of improvement of the legislation on administrative law violations p. 72-75

    Starostin Sergej Alekseevich, professor of the Chair of Administrative Law and Procedure of O.E. Kutafin Moscow State Law University, doctor of juridical sciences, professor

    On necessity and ways of improvement of the legislation on administrative law violations

    The paper analyzes the main problems of legislation on administrative offenses, says about the necessity to improve it. Author offers the most optimal way for these purposes.

  • Komakhin Boris Nikolaevich,

    Essence of legal methods for activities of state officials: conceptual approaches of the innovational state p. 75-78

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

    Essence of legal methods for activities of state officials: conceptual approaches of the innovational state

    The article meets innovative and theory-practical challenges of juridical sciences in its integral part named by the author the administrative law phenomenology of official activities. It discusses the problem of increase of the role of public and private law inelaboration of conceptual approaches to modernization, legal framework of innovative official activities, legal framework of innovativeofficial relations. The author points out a number of topical provisions in the concepts of «innovative-law status and activities of the official»: informational security of the personality of an official; maximal development of initiatives, talents, professional skills, creative abilities and capability to find oneself in a new sphere.

АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ И ЕЕ ПРИМЕНЕНИЕ
  • Khmara Anatolij Mikhajlovich,

    On some controversial issues of contemporary administrative-delictual legislation p. 79-81

    Khmara Anatolij Mikhajlovich, disciple of professor Sorokin Valentin Dmitrievich, assistant professor of the Chair of Administrative Law of St. Petersburg University of the Ministry of Internal Affairs of Russia, candidate of juridical sciences, assistant professor

    On some controversial issues of contemporary administrative-delictual legislation

    The article considers some problematic issues of administrative responsibility, its correlation with the tax, financial, and other types of liability within the branches of law.

  • Zy’kin Boris Viktorovich, Zy’kina Elena Valentinovna,

    Some problems of administrative responsibility of juridical persons p. 81-85

    Zy’kin Boris Viktorovich, disciple of professor Sorokin Valentin Dmitrievich, assistant professor of the Chair of Administrative Law Financial Law and Management of Criminal Law System of Pskov Law Institute of the Federal Service for Execution of Punishments of Russia, candidate of juridical sciences, assistant professor

    Zy’kina Elena Valentinovna, disciple of professor Sorokin Valentin Dmitrievich, assistant professor of the Chair of Administrative Law Financial Law and Management of Criminal Law System of Pskov Law Institute of the Federal Service for Execution of Punishments of Russia, candidate of juridical sciences, assistant professor

    Some problems of administrative responsibility of juridical persons

    The article is devoted to discussion on the administrative liability of legal persons associated with the establishment of the legal entity of guilt.

ТРИБУНА МОЛОДОГО УЧЕНОГО
  • Cherepanova Yuliya Evgen’evna,

    Information as the basis for state government and the object of administrative-law regulation p. 86-88

    Cherepanova Yuliya Evgen’evna, Senior Teacher of the Chair of Administrative Law of St. Petersburg University of the Ministry of Internal Affairs of Russia

    Information as the basis for state government and the object of administrative-law regulation

    The article examines the controversial issues of the ratio of the information and administrative law.

  • Talkhigova Larisa Abdrakhmanovna,

    Issues of implementation of Law of Chechen Republic «On administrative law violations» p. 88-90

    Talkhigova Larisa Abdrakhmanovna, Senior Inspector of the Headquarters of the Ministry of Internal Affairs in Chechen Republic, major of the internal service

    Issues of implementation of Law of Chechen Republic «On administrative law violations»

    The article concerns increase of the role of administrative responsibility in Chechen Republic in the course of struggle against law violations, the measures taken by agencies of internal affairs of the republic jointly with the republican agencies of state power with regard to creation of the state system of prophylactics of law violations. The author cites statistical data evidencing efficiency of activities of agencies and subdivisions of internal affairs of the republic aimed at detection and prosecution of administrative law violations.