© Smolenskiy M.B., Drigola E.V., 2014

© LLC "KnoRus", 2014

Foreword

Administrative law is one of the most important branches of the Russian legal system. It is intended to regulate public relations in the multilateral area of ​​public administration, the implementation of the executive power of the civil service, etc. Administrative law is characterized by mobility and a wide scope in relation to the management of economic, socio-cultural and political and legal construction. The tasks facing administrative law in the legal regulation of public relations are extensive. The norms of administrative law streamline and consolidate the most appropriate public relations in the field of management, they protect public relations regulated by law, contribute to the emergence of new ties that correspond to the spirit of the times and ongoing reforms.

By means of administrative-legal norms, the legal status of physical and legal entities in the field of management, the legal status of state executive bodies and their relationship with citizens. The norms of administrative law determine the administrative and legal status of executive bodies of local self-government, public and other non-state associations, as well as civil servants and employees of municipal bodies.

Administrative law affects the course of social development. Accordingly, the science of administrative law occupies a large place in the system of legal science, it faces the tasks of researching and improving the mechanism of administrative and legal regulation, improving the management system, updating administrative legislation, increasing the efficiency of law enforcement, strengthening the rule of law, law and order and discipline.

Academic discipline "Administrative law Russian Federation»Aims to provide students and listeners in the process of studying it with the necessary knowledge about the executive power and the mechanism of legal regulation of relations in society, which are formed in the process of organizing and operating the state administration.

Completely and extensively presented new normative legal acts concerning the regulation of relations in the field of administrative law comply with the state educational standard.

Chapter 1
Administrative law as a branch of law, as a science and its place in the system of branches of law

1.1. The concept of administrative law

Administrative law of Russia as a concept is multifaceted and is considered in three manifestations: 1) as a branch of law in the system of national law, that is, as a system of administrative and legal norms in force on the territory of Russia; 2) as a science that studies administrative relations and forms, on their basis, knowledge about principles, norms and institutions; 3) as an academic discipline based on the data of science and practice, exercising executive power.

Administrative law of Russia as a branch of law is an integral part of the national legal system, a set of legal norms governing public relations in the field of public administration and other relations of a managerial nature arising in the implementation of different forms state activities as well as relations that arise in the area of ​​executive power. Administrative legal norms, like other legal norms, are established by the state, that is, by the authorized bodies of state power and are generally binding. Their implementation is ensured by economic, organizational, socio-cultural activities and guaranteed by the coercive power of the state.

The main thing that distinguishes administrative law from other branches of law is the subject of regulation. Administrative law regulates relations that develop mainly in public administration, executive activities of the state in the field of social, political, cultural, economic and other areas of public life.

Administrative law:

- regulate the status and procedure for the formation of executive authorities, other state administration bodies, their competence and relationships with other state bodies, public associations and other non-state formations, as well as citizens;

- determine the legal status of individuals and legal entities in the field of management;

- establish the forms and methods of public administration;

- regulate the procedure for passing civil service in government bodies and other state bodies, administration in institutions and organizations, determine the duties and rights, as well as the legal status of local government bodies, public associations in the field of public administration;

- determine the ways to ensure compliance with the rule of law in public administration;

- regulate management relations in the social, cultural, political and economic spheres, etc.

As an integral part of Russian law, administrative law is closely related to all branches of law, since it jointly regulates public relations. So, with constitutional law, it regulates social relations developing in the sphere of state structure, the relationship between the individual and the state, the organization of state power and its implementation on the basis of division into legislative, executive and judicial; with financial - public relations in the field financial activities states, as well as arising in the process of accumulation and distribution Money constituting the monetary funds of the state, defining the competence of financial and tax authorities and regulating the procedure for their organization and activities; with civil - social relations of a property nature in the sphere of powers of the executive power and its officials; with labor - relations arising in the process of labor of civil servants, and other issues related to labor protection and compliance with labor legislation; with criminal - in the field of combating offenses.

The place of administrative law in the system of Russian law is determined by the nature and importance of the social relations regulated by it. Its specificity and difference from other branches of law are that it regulates, first of all, managerial relations that develop in the sphere of management and executive activity of the state represented by its bodies. At the same time, administrative law is a legal science, which is a system of scientific views and ideas, knowledge and theoretical provisions on the branch of administrative law and the subject of its regulation.

The science of administrative law investigates public administration, i.e., executive, executive-administrative and administrative activities... Investigated legal forms and management methods; the legal status of subjects in the field of public administration; administrative and legal status of civil servants; control methods; ways to comply with the rule of law, etc.

The result of scientific research is the development of recommendations and proposals aimed at increasing the efficiency of administrative and legal regulation and improving the practice of applying the norms of administrative law in all spheres and branches of management. The science of administrative law is designed to develop scientific concepts and categories that it uses. This reveals its influence on the development and improvement of the executive activity and the mechanism of public administration. Thus, the science of administrative law contributes to the solution of the problems facing society in the conditions of building a legal state.

The theoretical basis of the science of administrative law is the philosophical and general sociological sciences, the provisions of the theory social management, general theory law and state. The regulatory framework of the industry is the Constitution of the Russian Federation, constitutions and statutes of the constituent entities of the Federation, laws, decrees, acts of executive authorities. The works of domestic and foreign lawyers play an important role.

The methodological basis of the science of administrative law is the historical, comparative legal, logical, formal legal and sociological research methods. The science of administrative law is designed to serve the interests of the individual, society and the state.

The science of administrative law is associated with many branches of law: with the theory of law and state, history of state and law, constitutional law. Since they contain the initial theoretical provisions common to all branch legal sciences, their study should precede the study of the science of administrative law. Along with this, the study of financial, land, environmental, civil law should be preceded by the study of administrative law, since without knowledge of management issues and administrative and legal regulation, most of the problems of other branches of law cannot be comprehensively and deeply understood. Labor, criminal, criminal procedural, civil procedural law are closely related to the science of administrative law on certain related issues.

Thus, administrative law is of great practical importance for the life of the state and society.

1.2. Subject and method of administrative law

The science of administrative law is an integral part of legal science. It is a system of scientific views and ideas, knowledge and theoretical provisions on the branch of administrative law.

The subject of the study of administrative law as a science includes:

- the legal status of citizens (individuals) in the field of public administration;

- the legal status of government bodies;

- the legal status of non-governmental associations in the field of management, as well as enterprises, institutions, organizations;

- the administrative and legal status of government and public servants;

- legal forms and methods of management;

- ways to ensure the rule of law and discipline in public administration;

- administrative process and its types;

- systems of general, sectoral and cross-sectoral management and regulation of the management of the norms of administrative law;

- administrative and jurisdictional activities.

Any branch of the legal system is subdivided into legal institutions- separate complexes of legal norms regulating social relations of a particular type. For administrative law, in particular, these are the institutions of administrative responsibility and administrative coercion.

Branches of Russian law differ primarily in the subject and method of legal regulation. The subject of any branch of law is the circle of social relations that are governed by its norms.

The subject of administrative law is a set of social relations that develop in the process of organization and activities of the executive branch, regulated by the norms of administrative law. This group of social relations is directly related to state management activities, and therefore in a generalized form is called management.

VD Sorokin considers the social and legal environment as a single subject of legal regulation.

However, when defining the subject of administrative law, it is necessary to pay attention to the following exceptions:

- not all managerial relations are included in the subject of administrative law, for example, relations arising in connection with management in non-state formations - in private organizations, public associations. At the same time, the norms of administrative law have an impact on the activities of these formations;

- not all relations with the participation of executive authorities are included in the subject of administrative law. So, acquiring property, one or another executive authority makes a property transaction in accordance with the norms of civil law. The conclusion of such transactions is not included in the content of actions for the implementation of the executive branch.

How do the norms of administrative law regulate its subject matter? They establish, first of all, the forms and methods of public administration, as well as methods of ensuring the rule of law in public administration.

The norms of administrative law regulate the procedure for the formation of executive power bodies, their competence, powers of officials of these bodies; the relationship of executive authorities with other state bodies, public associations, enterprises and citizens.

The norms of administrative law determine the legal status of citizens, local governments, public associations and other non-state formations in the field of government. Finally, they regulate managerial relations in the administrative-political, socio-cultural and economic spheres.

Subjects management relations there can be everyone to whom the norms of administrative law grant powers and to whom they assign certain responsibilities regarding the implementation of managerial functions.

Managerial relationships are diverse. Depending on the characteristics of their participants, management relations can be divided into the following relations:

- between subordinate subjects of the executive power, located at different organizational and legal levels (for example, higher and lower bodies);

- between non-subordinate subjects of executive power, located at the same organizational and legal level (for example, two ministries, administrations of two regions);

- between the subjects of executive power and state associations (corporations, concerns, etc.), enterprises and institutions that are in their organizational subordination (jurisdiction);

- between the subjects of executive power and state associations, enterprises and institutions that are not under their organizational subordination (jurisdiction) (on issues of financial control, administrative supervision, etc.);

- between the subjects of the executive power and the executive bodies of the local self-government system;

- between the subjects of executive power and non-state economic and socio-cultural associations, enterprises and institutions (commercial structures, etc.);

- between the subjects of executive power and public associations;

- between the subjects of executive power and citizens.

In all these types of management relations, one or another is involved executive agency... Without them, managerial relations in the administrative-legal sense cannot arise, because only they are able to legal form to express the will and interests of the state, as well as to exercise state power.

Management relations can be classified into two groups depending on the specific goals of their emergence:

1) internal(or intra-organizational, intra-system, intra-apparatus) - relations associated with the formation of management structures, the determination of the basis for interaction between them and their subdivisions, with the distribution of duties, rights and responsibilities between employees of the administrative body, etc .;

2) external - associated with a direct impact on objects that are not part of the system of executive authorities (for example, citizens, public associations, commercial structures).

If the subject of administrative law allows you to discover the scope of legal regulation, then the method is the means of this regulation.

Administrative law method a set of techniques and methods by which management relations are regulated.

Any branch of law uses three legal possibilities as means of legal regulation - prescription, prohibition, permission. Together, they constitute the content of the means of legal influence on social relations.

Prescriptions - imposition of a direct legal obligation to perform certain actions under the conditions provided for by the legal norm.

Prohibitions - in fact, the same prescriptions, but of a different nature, namely, the imposition of a direct legal obligation not to perform certain actions under the conditions stipulated by the legal norm.

Permissions - legal permission to perform certain actions under the conditions stipulated by the legal norm, or to refrain from performing them at its own discretion.

Methods of legal regulation are ways of influencing the will and behavior of participants in legal relations. Methods of legal regulation typical for administrative law:

– method of power - submission, or direct management method - relations within the framework of administrative law are based on the subordination of one participant to another;

– matching method - regulates relations between participants who are not subordinate to each other;

– equality method - subjects that are at the same level of the state mechanism take joint actions in the form of an administrative agreement.

Features of administrative and legal regulation of managerial social relations arising from the essence of state management activities and the subject of administrative law:

- the mechanism of administrative and legal regulation is characterized by direct means of an administrative type, i.e., prescriptions. They find their direct expression in the fact that one side of the regulated relationship is given a certain amount of legally authoritative powers addressed to the other side;

- administrative legal regulation assumes the one-sided expression of the will of one of the participants in the relationship (i.e., the power relationship).

The essence of the methods of administrative and legal regulation of management relations includes:

- establishment of a certain order of actions;

- providing an opportunity to perform or not to perform actions provided for by an administrative-legal norm, in the conditions determined by this norm;

- providing the opportunity to choose one of the options for proper behavior provided for by the administrative-legal norm;

- prohibition of certain actions on pain of applying the appropriate mechanisms of legal responsibility.

1.3. Administrative law system

From a general theoretical standpoint, the system of any branch of law is represented by the following construction: branch of law - sub-branches - legal institutions - legal norms.

Administrative law system it is a set of interrelated administrative and legal institutions and norms.

Administrative and Legal Institute there is a set of relatively separate administrative and legal norms governing a qualitatively homogeneous group of management relations.

Administrative law are subdivided into the norms of the General and Special parts. This division formed the basis for the construction of administrative law as an academic discipline.

The norms of administrative law are grouped by legal institutions, for example, institutions of public service, administrative responsibility.

In the General part, administrative and legal norms are grouped according to the most basic, generalizing problems related to the entire system of public administration. The scheme of the General part of administrative law can be represented as follows:

- norms and institutions that consolidate the principles of public administration;

- norms and institutions that regulate the administrative and legal status of citizens (individuals);

- norms defining the order of organization and the administrative and legal status of executive authorities (public administration), as well as other subjects of management;

- norms governing civil service and determining the legal status of civil servants;

- norms regulating the administrative and legal statuses of non-governmental organizations and their representatives;

- norms defining the forms and methods of public administration;

- norms governing administrative and jurisdictional activities;

- norms ensuring the legality of management.

Administrative and legal norms governing public relations arising in certain branches of public administration constitute a special part of administrative law. This part consists of three blocks:

1) management of the economy (industry, agriculture, construction and housing and communal services, transport complex, communications, use and protection of natural resources, trade, finance and credit, etc.);

2) management of the social and cultural sphere (education, science, culture, health care, labor and social development, etc.);

3) management of the administrative and political sphere (defense, security, internal affairs, foreign affairs, justice, etc.).

Administrative law is one of the largest and most complex branches of Russian law. This is primarily due to its subject matter, a wide range of management relations.

The textbook and workshop reveal the essence of the main institutions of administrative law that regulate the administrative and legal status of individual subjects of law and executive authorities, the legal status of civil servants, forms and methods of government; administrative responsibility; administrative process; ensuring the rule of law in the field of public administration; administrative and legal organization of management in the branches of material production, in the socio-cultural and administrative-political spheres. Each chapter is accompanied by a practical part containing test questions, assignments, tasks, as well as business games and tests, which will allow students to better assimilate theory and acquire the skills and abilities necessary for practical work.

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25
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2017

Administrative law (3rd ed., Revision and additional) (Bakhrakh D.N., Rossinsky B.V., Starilov Yu.N.)

ISBN: 978-5-468-00053-3
Format: PDF, Scanned pages, OCR without errors
Bakhrakh D.N., Rossinsky B.V., Starilov Yu. N.
Year of issue: 2008
Genre: Right
Publisher: Norma
Russian language
Number of pages: 815

Description: The textbook analyzes the main institutions of Russian administrative law in accordance with the curriculum. In the third edition, the authors took into account the serious changes that have occurred in recent years in the system of public administration, in the field of administrative legislation. The concept of administrative and legal relations, issues of public administration and executive power, administrative and legal regimes, etc. are considered.

For students, graduate students and teachers of law universities, researchers, employees of state and municipal authorities.




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Publisher: Politizdat
Russian language
Number of pages: 319
Description: In the book of the General Secretary of the Central Committee of the CPSU, Chairman of the Presidium of the Supreme Soviet of the USSR Comrade Yu.V. Andropov includes speeches, articles and speeches, which highlight topical issues of the internal and foreign policy of the CPSU. It includes some materials from the collection published in 1979, as well as the work of the subsequent period.
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Fundamentals of General Chemistry, Volume 1-2, 3rd ed. (Nekrasov B.V.)




Author: Nekrasov B.V.
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Genre: Chemistry
Publisher: Chemistry
Russian language
Number of pages: 662 + 695
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TOPICAL PROBLEMS OF ADMINISTRATIVE LAW AND PROCESS

Stakhov Alexander Ivanovich,

Stakhov Alexander Ivanovich, Head of the Department of Administrative Law and Procedure named after V.I. N.G. Salischeva Russian state university Justice, Doctor of Law, Professor

The article substantiates the need to identify differentiated administrative and procedural forms of state control and supervision that have formed in the Russian Federation at the present time. For these purposes, a distinction is made between state control and state supervision, carried out in administrative and procedural forms, such special interrelated categories as "regulatory mandatory requirements" and "individualized mandatory requirements", "administrative procedure of state control and supervision", "administrative control and supervisory proceedings≫, ≪proceedings on cases of administrative offenses detected within the framework of administrative procedures of state control and supervision≫, etc.

Keywords: state control, state supervision, executive bodies, administrative procedure, mandatory requirements, violations mandatory requirements, administrative and legal coercion.

Administrative Procedure Forms of State Control and Supervision Exercised in Russia

Stakhov Aleksandr I., Head of the Department of Administrative Law and Procedure named after N.G. Salischeva of the Russian State University of Justice Doctor of Law, Professor

The article substantiates the need for the provision of diff erentiated administrative and procedural forms of state control and supervision, formed in the Russian Federation at the present time. For these purposes, a distinction of state control and state supervision in the administrative and procedural forms are introduced such special interrelated categories as “normative mandatory requirements” and “individualized mandatory requirement”, “administrative procedure of the state control and supervision,” “administrative enforcement proceedings ”,“ proceedings on cases of administrative offenses identified in the administrative procedures of state control and supervision ”, etc.

Key words: state control, state supervision, bodies of Executive power, administrative procedure, mandatory requirements, violations of the mandatory requirements, administrative law enforcement

Olga Kokurina,

Olga Kokurina, Class 3 Acting State Counselor of the Russian Federation, Doctor of Law

The work is devoted to the problem of functions of award law in the domestic legal system. The analysis of the concept and definitions of the functions of law in legal science is given. The functional characteristics of the award law presented in the legal literature are considered. The main functions of the award law as an intersectoral institution of the domestic legal system are revealed. These include the following directions of the impact of the award law on public relations, legal consciousness and human behavior: axiological, teleological, premium, motivational and stimulating, value-orientating, educational, ideological, information and communication functions; functions of state assessment, integration, cultural, historical and social memory, social status and social mobility.

Keywords: axiology and teleology, action of law, institute of state awards, award law, legitimate social activity, social and legal functions, functions of the institution of state awards.

Main Functions of Inter-Branch State Award Institution in Russian Law: Value-Based Regulatory Approach

Kokurina Olga Yu., Class 3 Active State Advisor of the Russian Federation Doctor of Law

The work is devoted to the problem of the functions of the award law in the national legal system. The analysis of concept and definitions of functions of law in legal science is given. Functional characteristics of the award law presented in the legal literature are considered. The main functions of the award law as an interdisciplinary institute of the national legal system are revealed. They include the following areas of the award law actions to public relations, legal awareness and people’s behavior: axiological, teleological, premium, motivational-stimulating, value-oriented, educational, ideological, information-communicative functions; functions of state evaluation, integration; cultural, historical and social memory; social status and social mobility.

Key words: axiology and teleology, functions of state awards institute, law infl uence, legitimate social activity, social and legal functions, state awards institute, state awards law

Parugaev Yuri Ilyich,

Popugaev Yuri Ilyich, Professor of the Department of Administrative Law of the Moscow University of the Ministry of Internal Affairs of Russia named after V.I. V.Ya. Kikotya, Candidate of Legal Sciences, Associate Professor

The essence, purpose and general characteristics of the administrative-tort legislation of the Russian Federation, the main stages of its development and the latest novels are revealed.

Key words: administrative-tort legislation, the Code of Administrative Offenses of the Russian Federation and the legislation of the constituent entities of the Russian Federation on administrative offenses.

Essence, Designation and General Characteristics of Administrative Tort Legislation of the Russian Federation

Popugaev Yury I., Professor of the Department of Administrative Law of the Kikot Moscow University of the Ministry of Internal Affairs of Russia Candidate of Legal Sciences, Assistant Professor

Disclosed the entity assigning and General characteristics of the administrative tort laws of the Russian Federation, the main stages of his development and past novels.

Key words: administrative and tort law, the code of administrative offenses and the legislation of the constituent entities of the Russian Federation on administrative offenses.

Kanunnikova Natalia Gennadievna,

Kanunnikova Natalya Gennadievna, Acting Head of the Department of State and Civil Law Disciplines of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences, Associate Professor

The article provides a historical and philosophical analysis and presents a characteristic modern approaches to the theory of public administration, the definition of its concept. The author investigated various interpretations of theoretical foundations public administration of both foreign and domestic scientists. Some issues related to the theoretical aspects of public administration, its relationship with the executive branch are considered. The author has systematized the legal characteristics of these institutions, developed at different times by scientists-philosophers and scientists-administrativeists.

Key words: public administration, theory of public administration, administrative law, the theory of separation of powers, executive power, administrative scientists.

On Theoretical Aspects of Public Administration

Kanunnikova Natalya G., Interim Head of the Department of State, Civil and Legal Disciplines of the North-Caucasian Institute for Continuing Education (branch) of the Krasnodar University of the Ministry of the Interior of Russia Candidate of Legal Sciences, Assistant Professor

The article gives a historical and philosophical analysis and characteristics of modern approaches to the theory of public administration, definition of this notion. The author reviews various interpretations of theoretical fundamentals of public administration made by foreign and Russian scientists. There are considered some issues related to the theoretical aspects of public administration, its correlation with the executive power. The author classifies legal characteristics of these institutions developed in various periods of time by philosophers and administrative law scientists.

Key words: public administration, public administration theory, administrative law, theory of separation of powers, executive power, administrative law scientists.

Starostin Sergey Alekseevich, Fatyanov Aleksey Aleksandrovich,

Sergey Starostin, Professor of the Department of Administrative Law and Procedure, Moscow State Law University named after O.E. Kutafina (Moscow State Law Academy), Doctor of Law, Professor

Fatyanov Alexey Alexandrovich, Head of the Department of State Legal and Criminal Law Disciplines of the Russian University of Economics. G.V. Plekhanov, Academician of the Russian Academy of Natural Sciences, Doctor of Law, Professor

The article deals with the possibility and conditions of legislative consolidation of the category "criminal offense". The positive and negative consequences of such a decision are considered.

Key words: criminal offense, administrative responsibility, criminal responsibility.

Criminal Offence: Legal Necessity or Just Another Beautiful Theory?

Starostin Sergey A., Professor of the Department of Administrative Law and Procedure of the Kutafin Moscow State Law University (MSAL) Doctor of Law, Professor

Fatyanov Aleksey A., Head of the Department of State and Legal, Criminaland and Legal Disciplines of the Plekhanov Russian University of Economics Member of the Russian Academy of Natural Sciences (RANS), Doctor of Law, Professor

The article focuses on the possibility and conditions for legislative fastening of the category of “criminal offense”. Examines the positive-and the negative consequences of such a decision.

Key words: criminal offence, administrative responsibility, criminal liability

ADMINISTRATIVE REFORM

Zueva Lyudmila Yurievna,

Zueva Lyudmila Yurievna, Deputy Head for Academic Affairs, Professional Training Center of the Ministry of Internal Affairs of Russia for the Ulyanovsk Region, Candidate of Legal Sciences

The article examines the history of the development of the principle of independence of judges in the national legislation, the problems of its implementation at the present time, considers the ways of their solution.

Key words: constitutional principle, rule of law, independence of judges, administrative proceedings.

On Implementation of Judicial Independence Principle in Administrative Proceedings

Zueva Lyudmila Yu., Deputy Head for Academic Affairs of the Professional Training Center of the Department of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk Region Candidate of Legal Sciences

The article investigates the history of judicial independence principle development in the national legislation, current issues of its implementation and solutions.

Key words: constitutional principle, law-governed state, judicial independence, administrative proceedings

Shevtsov Alexander Valerievich, Shevtsova Natalia Igorevna,

Shevtsov Aleksandr Valerievich, Professor of the Department of Management of the Activities of Units for the Protection of Public Order of the Academy of Management of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences, Associate Professor

Shevtsova Natalia Igorevna, Inspector of the Organizational and Analytical Department of the Academy of Management of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences

The article explores theoretical aspects improving the legal regulation of administrative procedures implemented by police officers of the Ministry of Internal Affairs of Russia. These regulatory procedures are predominantly positive in nature and are implemented in an administrative-procedural form. Together with jurisdictional proceedings, administrative procedures form a single administrative police process. Unlike administrative-jurisdictional proceedings, which imply the issuance of procedural decisions to resolve administrative-legal disputes and the application of measures of administrative coercion, administrative procedures provide for the issuance of non-normative individual acts aimed at resolving administrative cases of an indisputable positive nature within the framework of the implementation of state functions in the field of public administration of the sphere. internal affairs, incl. by providing public services.

Key words: administrative process, administrative procedures, administrative procedural proceedings, implementation of state functions, provision of public services, administrative regulation, police of the Ministry of Internal Affairs of Russia.

On Improvement of Administrative Procedures Implemented by Officials of Police of the Ministry of Internal Affairs of Russia

Shevtsov Aleksandr V., Professor of the Department of Management of Operations of Subdivisions Securing Public Order Maintenance of the Management Academy of the Ministry of the Interior of the Russian Federation Candidate of Legal Sciences, Assistant Professor

Shevtsova Natalia I., Inspector of the Organization and Analytics Department of the Management Academy of the Ministry of the Interior of the Russian Federation Candidate of Legal Sciences

The article studies theoretical aspects of improving legal framework of administrative procedures used by police officers of the Interior Ministry of Russia. These regulative procedures are mostly positive and are realized through administrative procedure. Together with jurisdictional production they form a unified police administrative procedure. Administrative and jurisdictional production that involves administrative provisions used to resolve administrative law disputes and use of coercive measures. Unlike the administrative procedures are related to individual non-legislative acts aimed at dealing with indisputable positive matters in the sphere of state functions implementation when it comes to public management in the internal affairs, public service delivery included.

Key words: administrative process, administrative procedures, procedural production, state functions implementation, public service delivery, administrative regulation, police of the MIA of Russia

Kazachkova Zemfira Mukharbievna, Kazachkov Vladimir Alexandrovich,

Kazachkova Zemfira Mukharbievna, Professor of the Department of Administrative and Financial Law of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Doctor of Law, Professor

Kazachkov Vladimir Aleksandrovich, Associate Professor of the Department of National and Regional Economics of the Odintsovo Branch of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia, Candidate of Economic Sciences

The article analyzes the main directions of improving the administrative and legal regulation of the securities market in connection with serious institutional changes in legislation, including the Code of Administrative Offenses of the Russian Federation, in terms of legal regulation of administrative responsibility for offenses in the securities market, as well as due to the relevance of state legal policy to counter insider trading and market manipulation.

Key words: securities market, financial market, market manipulation, insider information, tort, administrative responsibility, corporate responsibility.

Administrative and Legal Regulation of Securities Market: Tendencies and Contradictions

Kazachkova Zemfira M., Professor of the Department of Administrative and Financial Law of the All-Russian State University of Justice (ARSUJ) Doctor of Law, Professor

Kazachkov Vladimir A., ​​Assistant Professor of the Department of National and Regional Economics of the Odintsovo branch of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation Candidate of Economic Sciences

This article analyzed the main directions of development of legal regulation of securities market in the field of essential changes in institutional foundation of legislation, including codifying Administrative Act, in the area of ​​the administrative liability and in the field of shaping the state policy against insider trading and market manipulation.

Key words: securities, securities market, financial market, market manipulation, insider information, delict, administrative liability, corporate liability.

Igor Ponkin,

Ponkin Igor Vladislavovich, Professor of the Department of State and Municipal Administration of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Doctor of Law, Professor

The article continues the cycle of author's scientific materials devoted to the theory of public administration. The article is devoted to the study of the content of the so-called. Agile approach in public administration and the real possibilities of its implementation.

Keywords: age-approach, public administration, public law, project-oriented public administration, efficiency of public administration, deviantology of public administration, administrative law, theory of public administration

On Agile Approach to Public Administration

Ponkin Igor V., Professor of the Department of State and Municipal Management of the Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration Doctor of Law, Professor

The article continues the author's series of scientific materials on the theory of public administration. The article is devoted to the study of the contents of the so-called Agile-approach in public administration and the actual possibilities of its realization.

Key words: Agile approach, public administration, public law, project-oriented public administration, efficiency of public administration, deviantology of public administration, administrative law, general theory of public administration.

Dmitry Nechevin, Leonard Mikhailovich Kolodkin,

Dmitry Nechevin, Honored Lawyer of the Russian Federation, Professor of the Department of Administrative Law and Procedure, Moscow State Law University named after O.E. Kutafina (Moscow State Law Academy), Doctor of Law, Professor

Kolodkin Leonard Mikhailovich, Honored Scientist of the Russian Federation, Professor of the Department of Psychology, Pedagogy and Organization of Work with Personnel of the Academy of Management of the Ministry of Internal Affairs of Russia, Doctor of Law, Professor

The article analyzes the legal (international legal) issues of the Nuremberg, Tokyo and Khabarovsk trials, which became an epoch-making world event of legal civilization. He not only summed up and legally closed the results of the Patriotic War, where Soviet Union played a major role in the defeat of German fascism, but also served as the basis for the birth of a new international legal order in the world, laid the foundation for legal civilization - the rights and freedom of the individual.

Keywords: Nuremberg, Tokyo and Khabarovsk trials, world legal order, civilization, World War II, fascist Germany, international military tribunal, crime against humanity, Charter of the international military tribunal, Barbarossa plan, OST plan, indictment, Iron Curtain, psychological warfare, globalization, localization, latency period.

Tokyo and Khabarovsk Judicial Proceedings - Ominous Warning to Modern Aggressors

Nechevin Dmitry K., Honored Lawyer of the Russian Federation Professor of the Department of Administrative Law and Procedure of the Kutafin Moscow State Law University (MSAL) Doctor of Law, Professor

Kolodkin Leonard M., Honored Scientist of the Russian Federation Professor of the Department of Psychology, Pedagogics and Staff Management of the Management Academy of the Ministry of the Interior of the Russian Federation Doctor of Law, Professor

The article analyzes the legal (international legal) issues of the Nuremberg Trials, which an epoch-making even of legal civilization. Nuremberg Trial not only summand up legally closed the results of the Second World War, where the Soviet Union played a major role in defeating German fascism, but also served as the basic for the birth of a new international legal order in the world, laid the foundation of legal civilization - human rights and freedoms.

Key words: Nuremberg, Tokyo and Khabarovsk trials, world order, civilization, the Patriotic War, fascist Germany, the international military tribunal, the crime against humanity, the “OST”, the indictment, the iron curtain, the psychological war, Globalization, localization, latent period.

ADMINISTRATIVE RESPONSIBILITY AND ITS APPLICATION

Gerasimenko Yuri Vasilievich, Banshchikova Svetlana Leonidovna,

Gerasimenko Yuri Vasilievich, Honored Lawyer of the Russian Federation, Commissioner for the Protection of the Rights of Entrepreneurs in the Omsk Region

Banshchikova Svetlana Leonidovna, Associate Professor of the Department of State and Legal Disciplines of the Siberian Institute of Business and Information Technologies

The authors of the article, analyzing the activities of the territorial commissions for minors and the protection of their rights, units for minors of the internal affairs bodies for examining the living conditions and upbringing of a child, as well as the peculiarities of the legal regulation of this procedure in Russia, propose to consider this survey as a measure of ensuring the proceedings on cases about administrative offenses. The article substantiates the need for amendments and additions to the Code of Administrative Offenses of the Russian Federation and the Federal Law “On the Police”.

Key words: examination, act, rights, proceedings on cases of administrative offenses, commissions, police, security measure.

Examination of Juvenile's Household and Living Condition as Means of Securing Proceedings in Administrative Offence Case

Gerasimenko Yury V., Honored Lawyer of the Russian Federation Business Rights Commissioner of the Omsk Region

Banschikova Svetlana L., Assistant Professor of the Department of State and Legal Disciplines of the Siberian Institute of Business and Information Technologies

The authors of the article, analyzing the activities of the territorial commissions on the affairs of minors and protecting their rights, units for the affairs of minors of internal affairs agencies on the examination of the living and upbringing conditions of the child, as well as the peculiarities of the legal regulation of this procedure in Russia, suggest that a survey of the family and living conditions of the minor Measure of ensuring the production of cases on administrative offenses; In this connection, they justify the necessity of introducing amendments and additions to the Code of Administrative Offenses of the Russian Federation and the Federal Law “On Police”.

Key words: examination, act, law, proceedings on administrative offenses, commissions, police, security measure.

Korchagina Ksenia Alexandrovna, Turovskaya Victoria Alexandrovna,

Korchagina Ksenia Aleksandrovna, Lecturer of the Department of Administrative Law of the Rostov Law Institute of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences

Turovskaya Victoria Aleksandrovna, head of the press service, chief specialist-expert of the department of legal support, civil service, personnel, affairs management and civil defense Department of Forestry in the Far Eastern Federal District

The article describes the negative aspects of securing in the legislation of the Russian Federation an open list of methods for notifying a legal entity about a scheduled inspection, which can lead to the cancellation of its results and contribute to the emergence of barriers to bringing legal entities to administrative responsibility, provided for in Article 19.4.1 of the Code of Administrative Offenses of the Russian Federation.

Key words: scheduled inspections, state control (supervision) body, municipal control body, notification procedure.

Gaps in Legal Regulation Concerning Procedure of Notification of Start of Scheduled Inspections of State Control (Supervision) and Municipal Control Authorities as Favorable Conditions for Inspection Result Cancellation under Formal Grounds and Barriers against Bringing Legal Entities to Administrative Liability Stipulated by Article 19.4.1 of the Administrative Offence Code of the Russian Federation

Korchagina Ksenia A., Lecturer of the Department of Administrative Law of the Rostov Law Institute of the Ministry of Internal Affairs of Russia Candidate of Legal Sciences

Turovskaya Viktoria A., Head of the Press Relations Service Chief Expert of the Department of Legal Support, State Service, Personnel, Administration and Civil Defense of the Forestry Department for the Far Eastern Federal District

In the article negative sides of fixing in the legislation of the Russian Federation of the open list of ways of the notification of the legal entity on carrying out planned inspection which can lead to cancellation of its results are described and promote emergence of barriers to involvement of legal entities to the administrative responsibility provided by article 19.4.1 Code of the Russian Federation on Administrative Offences.

Key words: planned inspections, body of the state control (supervision), body of municipal control, notifying order.

ADMINISTRATIVE PRACTICE

Bondarenko Vasily Albertovich, Zhdanov Nikolay Mikhailovich,

Bondarenko Vasily Albertovich, Prosecutor of the Soviet Administrative District of Omsk, Senior Counselor of Justice

Zhdanov Nikolay Mikhailovich, Associate Professor of the Department of Administrative and Financial Law of the Omsk Law Academy, Candidate of Legal Sciences, Associate Professor

The article attempts to analyze certain provisions of the legislation regulating the sale of alcoholic beverages, and the practice of their application, makes proposals aimed at improving law enforcement in this area.

Key words: legal regulation and rules for the sale of alcoholic beverages, places of sale of alcoholic beverages, administrative liability for violation of the rules for the sale of alcoholic beverages.

Issues of Law Enforcement Practice in Alcohol Sale

Bondarenko Vasily A., Prosecutor of the Sovetsky Administrative District of Omsk Senior Counselor of Justice

Zhdanov Nikolay M., Assistant Professor of the Department of Administrative and Financial Law of the Omsk Law Academy Candidate of Legal Sciences, Assistant Professor

The article deals with the analysis of some provisions of the legislation governing alcohol trade, their practical use. The authors give some recommendations for the improvement of law enforcement activity in the field.

Key words: legal regulation, rules of alcohol trade, places of alcohol trade, administrative responsibility for alcohol trade

Senatova Ekaterina Vasilievna,

Senatova Ekaterina Vasilievna, Associate Professor of the Department of Administrative and Financial Law of the Academy of Law and Management Federal Service execution of sentences, candidate of legal sciences, associate professor

The article is devoted to the analysis of the correlation between the norms of administrative and criminal-executive law in the exercise by convicts of the subjective right to appeal. The author points to the regularity of the regulation of relations related to the exercise by convicts of the right to appeal to state bodies and local self-government bodies, by the criminal-executive legislation with the key role of the norms of administrative law. The necessity of adopting a special regulatory framework for the implementation by institutions and bodies of the penal system of the function of considering appeals of citizens, convicts and persons in custody is substantiated.

Key words: convict, law, appeal, administration, subject, subject of regulation, legal relationship, administrative-legal norm, criminal-executive legislation.

Correlation between Provisions of Administrative and Penal Law at Exercising by Convicts of Legal Right to Refer to Court

Senatova Ekaterina V., Assistant Professor of the Department of Administrative and Financial Law of the Academy of Law and Management of the Federal Penitentiary Service of Russia Candidate of Legal Sciences, Assistant Professor

The article is devoted to analysis of the correlation of norms of administrative and criminal law in the implementation of subjective rights of prisoners to appeal. The author points to a pattern of regulation of relations connected with the implementation of the convicted persons the right to address state authorities and local self-government bodies, criminal-executive legislation, with a key role of administrative law. The necessity of enactment of special legal frameworks for the implementation of the institutions and bodies of criminal-Executive system functions on consideration of references of citizens, prisoners and persons in detention.

Key words: convicted, right, title, authority, entity, subject to regulation, legal, administrative-legal norm, criminal-executive legislation.

TRIBUNE FOR YOUNG SCIENTIST

Kritskaya Olga Vasilievna,

Kritskaya Olga Vasilievna, postgraduate student of the Department of Administrative and Financial Law of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)

The article analyzes the development of administrative responsibility of officials on the example of the Code of Administrative Offenses of the Russian Federation. The concept of an official is considered, a new definition is proposed.

Key words: administrative responsibility, the concept of an official, the development of the norms of the Code of Administrative Offenses of the Russian Federation.

Evolution of Notion of Official Based on Example of the Administrative Offence Code of the Russian Federation

Kritskaya Olga V., Postgraduate Student of the Department of Administrative and Financial Law of the All-Russian State University of Justice (ARSUJ)

The article analyzes the development of administrative responsibility of officials on the example of the Code of Administrative Offenses of the Russian Federation. The notion of an official is considered, a new definition is proposed.

Key words: administrative responsibility, concept of an official, development of the Code of Administrative Offenses of the Russian Federation.

Loy Elena Vladimirovna,

Loy Elena Vladimirovna, Researcher, Laboratory for Legislation Expertise, Institute of Applied Economic Research, Russian Academy of National Economy and Public Administration under the President of the Russian Federation

The legislation and existing examples of the implementation of the institution of anti-corruption expertise of regulatory legal acts in the Russian Federation are considered. The author describes the mechanism for carrying out anti-corruption expertise, gives a description of the main types of anti-corruption expertise. The author also highlighted a number of problems in the implementation of anti-corruption expertise and proposed potential ways to solve them. Taking into account the available results of the implementation of anti-corruption expertise in the Russian Federation, the author made a conclusion about the possibility of further improving the institution and further introducing its mechanisms and tools into Russian practice.

Key words: anti-corruption expertise; corruption; experts; efficiency

Prospects of Improvement of Anti-Corruption Examination Institution in Context of Administrative Reform Implementation

Loy Elena V., Research Scientist of the Laboratory for Expert Study of Legislation of the Institute of Applied Economic Research of the Russian Presidential Academy of National Economy and Public Administration

We consider legislation and practice application of the development of the anti-corruption inspection institute in the Russian Federation. The author described the mechanism of the anti-corruption inspection, the main types of the anti-corruption inspection. The author also described problems in the sphere of the anti-corruption inspection and the ways of their solving. As the sphere of the anti-corruption inspection shows some positive results, the author concluded that the anti-corruption institute in the Russian Federation should be further developed and its mechanisms and instruments should be put in the practice.

Key words: anti-corruption inspection, corruption, effectiveness, experts.

Kashuro Olga Alexandrovna,

Kashuro Olga Aleksandrovna, postgraduate student of the Department of State and Municipal Administration of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation

The article is devoted to the study of complex and atypical forms and models of decentralization in public administration. The article presents the author's models of public administration: level-dissociated, level-associated (contamination), polysubject intra-level and one-subject intra-level.

Key words: decentralization of public administration, models of decentralization of public administration, level-by-level-associated (contaminated) model of public administration, polysubject intra-level model of public administration, mono-subject intra-level model of public administration.

Complicated and Uncharacteristic Forms and Models of Public Administration Decentralization

Kashuro Olga A., Postgraduate Student of the Department of State and Municipal Management of the Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration

The article is devoted to the study of complex and atypical forms and models of decentralization in public administration. The author's models of state management are presented in the article: level-dissociated, level-consonant (contamination), poly-subject intra-level and mono-subject intra-level.

Key words: decentralization of public administration, models of decentralization of public administration, level-dissociated model of public administration, level-consonant (contamination) model of public administration, poly-subject intra-level model of public administration, mono-subject intra- level model of public administration.

REVIEWS

Dugenets Alexander Sergeevich,

Dugenets Alexander Sergeevich, Honored Lawyer of the Russian Federation, Doctor of Law, Professor

Review of Thesis “Administrative Liability for Failure of Juveniles’ Parents or Other Legal Representatives to Discharge Obligations on Their Support and Upbringing ”by S.L. Banschikova

Dugenets Aleksandr S., Honored Lawyer of the Russian Federation Doctor of Law, Professor

Alexey Pozdnyshov,

Alexey Pozdnyshov, Dean of the Law Faculty of the Rostov State Economic University (RINH), Doctor of Law, Professor

Review of Monograph Script “Development of Theory and Improvement of Public Administration Practice in Ensuring Civil Society Security” by A.M. Voronov and A.M. Gogolev

Pozdnyshov Aleksey N., Dean of the Law Faculty of the Rostov State University of Economics (RSUE) Doctor of Law, Professor

CONFERENCE INFORMATION

Mitskevich Lyudmila Abramovna, Vasilyeva Anna Fedotovna,

Mitskevich Lyudmila Abramovna, Professor of the Department of Constitutional, Administrative and Municipal Law of the Law Institute of the Siberian Federal University, Candidate of Legal Sciences, Associate Professor

Vasilyeva Anna Fedotovna, Associate Professor of the Department of Constitutional, Administrative and Municipal Law of the Law Institute of the Siberian Federal University, Candidate of Legal Sciences, Associate Professor

Inter-Disciplinary Scientific and Practical Round-Table Conference “Administrative Discretion”

Mitskevich Lyudmila A., Professor of the Department of Constitutional, Administrative and Municipal Law of the Law Institute of the Siberian Federal University Candidate of Legal Sciences, Assistant Professor

Vasilyeva Anna F., Assistant Professor of the Department of Constitutional, Administrative and Municipal Law of the Law Institute of the Siberian Federal University Candidate of Legal Sciences, Assistant Professor

List of articles published in the Administrative Law and Procedure journal in 2017