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Administrative Law and Procedure №3 - 2014
АКТУАЛЬНЫЕ ПРОБЛЕМЫ АДМИНИСТРАТИВНОГО ПРАВА И ПРОЦЕССА-
Paradoxes of the Code of the Russian Federation on Administrative Law Violations p. 4-11
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.
Key words: law, Code of administrative law violations, juridical responsibility, guilt, regulatory rule.
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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.
Key words: existence of administrative law, administrative and legal reality, administra tive and legal values, administrative responsibility, administrative process.
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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.
Key words: administrative responsibility, administrative offense, administrative punishment, the legal entity, the administrative responsibility of the legal entity, the legal entity of wine, objective imputation, official.
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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.
Key words: administrative process, management approach, judicial approach, administrative proceedings, administrative and procedural legislation, administrative and procedural law.
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«Do not put the God in a rage» (recollections on professor Valentin Dmitrievich Sorokin) p. 35-41
«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.
Key words: leading scientists-administrativisty of Russia, SorokinValentin Dmitrievich
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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.
Key words: administrative process, management approach, administrative judicial proceedings, administrative and procedural law.
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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.
Key words: administrative process, administrative judicial proceeding, organ of public administration, court, administrative case.
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«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
Key words: administrative procedure, administrative procedure activity, administrative procedure law, administrative procedure norms, administrative procedure legal relationships
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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.
Key words: legal act, system of legal acts, enforcement authority, administrative process, administrative procedures.
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Administrative discretion in implementation of a permissive method of legal regulation p. 56-58
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.
Key words: administrative discretion permissive method of administrative and legal regulation, the margin of appreciation.
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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.
Key words: drivers of motor vehicles, regulatory fundamentals of teaching drivers, effectuation of deliveries of passengers and cargoes, improvement of regulatory framework for the system of teaching.
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Topical problems of the administrative reform p. 67-71
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.
Key words: administrative reform, executive authority, competence of the executive boards, functions of the executive boards, system and classification of the executive boards.
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On necessity and ways of improvement of the legislation on administrative law violations p. 72-75
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.
Key words: administrative offense, proceedings on administrative violations, administrative process, substantive and procedural legal and administrative regulations.
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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.
Key words: administrative law phenomenology, activities of state officials, legislation, innovatization, innovative personnel, modernization, strategy
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On some controversial issues of contemporary administrative-delictual legislation p. 79-81
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.
Key words: administrative responsibility, manufacture on affairs about administrative offences, administrative and tort law.
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Some problems of administrative responsibility of juridical persons p. 81-85
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.
Key words: administrative responsibility, legal entities, wine, the presumption of innocence
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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.
Key words: information, information law, administrative law, the object of administrative regulation.
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Issues of implementation of Law of Chechen Republic «On administrative law violations» p. 88-90
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.
Key words: administrative responsibility, law violation, prophylactics, law, purpose-oriented program, official.
