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Courier of Kutafin Moscow State Law University (MSAL))

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No 1 (2018)
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EXPERT OPINION

13-23 259
Abstract
The article reveals the main directions of the current stage of the administrative supervision reform in Russia: 1) improvement of the openness and information interaction between state bodies in conducting inspections; 2) establishment of a moratorium on conducting scheduled inspections of the small businesses; 3) introduction of a risk-oriented model of supervisory activities. Prospects of the supervisory activities reform in connection with the adoption of the same named priority program are considered and a submission to the State Duma of the draft Federal law «On the state control (supervision) and municipal control in the Russian Federation».
24-30 250
Abstract
This article examines key aspects of administrative reforms such as reasons for reforms, their purpose, why are they necessary and what results we aim to receive.
31-38 277
Abstract
In the article approaches to understanding of administrative reform, directions of development and questions for realization concepts of reform are considered. The above statements are supported by examples from the practice of public administration.
39-47 371
Abstract
The article deals with the reforms during the reign of Peter the Great, in the times of Witte and Stolypin.

VECTOR OF LEGAL SCIENCE

48-54 259
Abstract
The article is devoted to topical in the theoretical and applied aspects of the development of civil service in the law enforcement sphere within the framework of the administrative reform carried out in our country. In the article, based on the analysis of theoretical sources, legislation and law enforcement practice, the main directions of the development of civil service in the law enforcement sphere have been defined as an independent type of public service. Proposals have been made for the development and adoption of the Concept of the Civil Service in the Law Enforcement of the Russian Federation (for the period 2017-2025), which will ensure the progressive development of legislation and law enforcement practice, bring the theory and practice of state-legal construction in this sphere to a qualitatively new level corresponding to Needs of society and the state.
55-63 200
Abstract
The article assesses the legal and administrative content of typed of functions of Executive authorities, developed in the course of administrative reform 2003-2013. On the basis of the complex analysis developed in Russia an array of administrative and administrative-procedural legislation are compiled lists of typed legal and administrative tasks and functions of Executive authorities, which are proposed to be codified in the Federal law «About system of Federal bodies of Executive power in the Russian Federation», logically the final administrative reform.
64-69 1021
Abstract
The article reveals the importance of administrative responsibility institute in subjects of the Russian Federation, reviews the process of its development in state. Proposed concrete measures to improve legislation on administrative responsibility in constituent entities of the Russian Federation.
70-77 430
Abstract
The article analyzes the normative legal basis of implementation of federal state supervision in the field of road safety discusses the ways remedy existing deficiencies in legal regulation of this activity.
78-84 365
Abstract
The article is devoted to the Institute of bailiffs in the Russian Federation, which is of great importance, since the activities of bailiffs affects the interests of millions of citizens and organizations, is aimed at real, correct and timely execution of judicial acts, acts of other state bodies and officials, maintenance of the established order of activity of courts, enforcement of legislation on criminal proceedings, protection of rights and freedoms of citizens and organizations. At the same time, in the process of administrative reform, the Institute of bailiffs from the time of his birth to the present stage undergoes numerous legal changes as a result of state policy, socio-economic backgrounds, at different stages of the activities of bailiffs change their legal status. These and other questions are considered in the article.
85-93 215
Abstract
This article is devoted to the development of the system of prevention of administrative offences in modern conditions, the author studied main steps of its genesis, development and reforming. It is given evaluation of the role of non-governmental formations in preventive activity. The author suggests some adjustments into the Federal law «On principles of system of offences prevention in the Russian Federation». The author pays attention to necessity to elaborate disciplinary measures, as one of main element of treatment.
94-98 271
Abstract
In article the questions of administrative law and process reflected in laws a dawn of Hammurabi are considered. The laws adopted in the 18th century BC are urgent and today. They regulated various parties of the public relations in Ancient Babylon. This legal monument is of interest and to the modern lawyer.
99-109 499
Abstract
The article states formed and not eliminated during the administrative reform in the Russian administrative law gap - lack of legislative framework of realization of administrative procedures, adoption and implementation of administrative acts, as well as legally fixed the general principles of administrative law, public administration. The history and logic of the development of European legislation on these issues are briefly revealed. Based on a critical analysis of international experience and experimentations of Russian legislator author presents his own project of the federal law on administrative procedures and administrative acts.
110-116 243
Abstract
In the article there is a speech about formation of system of administrative-legal protection of population and territories from emergency situations of natural and technogeneous character. Proposed concrete measures to improve legislation and organization of the Russian system of prevention and liquidation of emergency situations, strengthening the role of law enforcement.
117-120 229
Abstract
There is refers about necessity of improvement of purpose and prescription of administrative responsibility in article. The authors reason about correlation of terms «administrative responsibility» and «administrative punishment» and also about legal and factual prescription of administrative punishment at the present time.
121-127 192
Abstract
In the article the peculiarities of state regulation of ensuring road safety abroad: guidelines, criteria and responsibility.
128-134 373
Abstract
The article presents materials of all-Russian scientific-practical conference, which took place on 20 April 2017 at the Academy of law and management of Federal service of execution of punishments on the theme «the Administrative activity of law enforcement bodies of the Russian Federation and foreign countries», devoted to the 15th anniversary of the Department of administrative and financial law, Academy of law and management of Federal service of execution of punishments.
135-143 268
Abstract
The article discusses topical issues of fighting corruption in public administration in the process of implementing administrative reform at the present stage of development of the Russian Federation. The authors present an analysis of various scientific and theoretical sources, as well as the main anti-corruption regulatory legal acts. It is concluded that administrative reform has become the basis for the current anti-corruption policy in the Russian Federation.
144-150 265
Abstract
This article presents the legal situation that currently exists on the market of securities upon cancellation of qualification certificates of financial market specialists. The law is not a regulated exercise of the Central Bank of the Russian Federation this feature, which was a violation of the due process rights of those individuals. The paper also identifies the gaps in the legislation concerning grounds for deprivation of qualification certificate of financial market professionals.
151-157 509
Abstract
The article discusses the features of modern administrative procedure legislation. Drawn attention to the factors affecting the development of the administrative procedure legislation, the role of solutions higher judiciary of the Russian Federation, are the system of administrative procedure legislation, stand out legal risks that may occur in the development process of administrative procedure legislation.

FOREIGN EXPERIENCE

158-166 306
Abstract
The article analyzes the administrative and tort legislation of Germany for possible use German experience in reform-the formation of administrative-tort and criminal legislation of Russia and the possibility of transferring part of administrative violations in the category of criminal offences.
167-173 200
Abstract
The paper examines the evolution of Italian legislation on transparency in Public Administration.

TRIBUNE FOR YOUNG SCIENTIST

174-180 262
Abstract
The article examines the problems of applying administrative coercion measures by the internal affairs bodies and suggests concrete ways to improve it.
181-187 371
Abstract
The article be the state and ways of improvement of the Institute of exemption from administrative responsibility. The possibility of the development of this institution in the legislation on administrative violations at the level of constituent entities of the Russian Federation.
188-194 236
Abstract
In article are considered questions of the relationship of the Institute of administrative responsibility, legal regulation and public administration in the field of immigration processes, characterized by the presence of are problems of application of administrative responsibility for violation of immigration rules related to lack of pinning uke-related rules into a single legal act.
195-200 239
Abstract
The article discusses on some problems connected with attraction to the prevention of administrative offences in the fiscal sphere and attraction to administrative responsibility for violation of fiscal legislation, and analyzes relevant rules of the administrative code of the Russian Federation and points of view of scientists and experts in the field of criminology.

BOOKSHELF OF THE DEPARTMENT

LAW IN HISTORICAL REFRACTION. Legal Monuments

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

ИЗ ПЕРИОДИКИ ПРОШЛОГО

ПОСТСКРИПТУМ ИСТОРИЧЕСКИЕ ЛИЧНОСТИ

ЮРИДИЧЕСКИЕ СОБЫТИЯ В ДАТАХ



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)