© Smolensky M. B., Drigola E. V., 2014

© KnoRus LLC, 2014

Foreword

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

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

Administrative law influences the course of social development. Accordingly, the science of administrative law occupies a large place in the system of legal science, it faces the task 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.

The academic discipline "Administrative Law of the Russian Federation" aims to give students and listeners in the process of studying it 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 regulatory legal acts relating to the regulation of relations in the field of administrative law, correspond to 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

The 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, i.e. 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 the principles, norms and institutions; 3) how academic discipline, based on the data of science and practice, exercising executive power.

The 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 managerial relations that arise in the implementation of various forms of state activity, as well as relations that arise in the sphere of executive power. Administrative and legal norms, as well as other legal norms, are established by the state, i.e., authorized bodies of state power, and are generally binding. Their implementation is ensured by economic, organizational, socio-cultural activities and is 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.

Rules of administrative law:

- regulate the status and procedure for the formation of executive authorities, other government 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 forms and methods of state administration;

- regulate the procedure for performing 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 governments, public associations in the field of public administration;

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

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

Being integral part Russian law, administrative law is closely related to all branches of law, as it jointly regulates social relations. So, with constitutional law, it regulates social relations that develop in the sphere of state structure, the relationship between the individual and the state, issues of organizing state power and its implementation on the basis of division into legislative, executive and judicial; with financial - public relations in the sphere of financial activity of the state, as well as those 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 - public relations of a property nature in the sphere of powers of the executive branch and its officials; with labor - relations arising in the course of the work of civil servants, and other issues related to labor protection and compliance with labor laws; 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 it regulates. Its specificity and difference from other branches of law lies in the fact that it regulates, first of all, managerial relations that develop in the sphere of management and executive activities 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 about the branch of administrative law and the subject of its regulation.

The science of administrative law investigates public administration, that is, executive, executive-administrative and administrative activities. are being explored legal forms and methods of management; legal status of subjects in the field of public administration; administrative and legal status of civil servants; management methods; ways to comply with the law, etc.

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

The theoretical basis of the science of administrative law is the philosophical and general sociological sciences, the provisions of the theory of social management, the general theory of law and the state. Regulatory framework the industry is served by the Constitution of the Russian Federation, the constitutions and charters of the subjects of the Federation, laws, decrees, acts of executive authorities. An important role is played by the works of domestic and foreign lawyers.

The methodological basis of the science of administrative law is 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 the state, the history of the state and law, and constitutional law. Since they contain the original 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 the issues of management and administrative-legal regulation, most of the problems of other branches of law cannot be comprehensively and deeply understood. Labor, criminal, criminal procedure, civil procedure 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 about the branch of administrative law.

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

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

– legal status of government bodies;

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

– administrative and legal status of state and public servants;

– legal forms and management methods;

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

– administrative process and its types;

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

- Administrative and jurisdictional activities.

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

The branches of Russian law differ primarily in the subject and method of legal regulation. The subject of any branch of law is the range of social relations that are regulated 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 power, regulated by the norms of administrative law. This group of social relations is directly related to state-administrative activity, and therefore, in a generalized form, is called managerial.

VD Sorokin considers the socio-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 that develop 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. Thus, when 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 executive power.

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 ways to ensure the rule of law in public administration.

The norms of administrative law regulate the procedure for the formation of executive authorities, their competence, the powers of officials of these bodies; relations between executive authorities and 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 of management relations can be everyone to whom the norms of administrative law grant authority and to whom they impose certain duties regarding the implementation of managerial functions.

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

- between subordinate subjects of 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 under their organizational subordination (undertaking);

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

- between the subjects of 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 managerial relations, one or another executive body is involved. Without them, managerial relations in the administrative-legal sense cannot arise, because only they are able to legally express the will and interests of the state, as well as to exercise state power.

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

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

2) external - associated with a direct impact on objects that are not included in the system of executive authorities (for example, on 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 - the 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 provided for by the legal norm.

Permissions - legal permission to perform certain actions, under the conditions provided for by the legal norm, or to refrain from doing them at one's own discretion.

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

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

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

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

Features of the administrative-legal regulation of managerial public relations, arising from the essence of state-administrative activity and the subject of administrative law:

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

- administrative legal regulation implies the one-sidedness of the will of one of the participants in the relationship (i.e., power relations).

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

- Establishing a specific course of action;

- providing the opportunity to perform or not to perform actions provided for by an administrative-legal norm, under 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 under pain of application of appropriate legal liability mechanisms.

1.3. Administrative law system

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

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

Administrative Law Institute there is a set of relatively isolated administrative and legal norms that regulate a qualitatively homogeneous group of managerial relations.

Norms of administrative law 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 according to legal institutions, for example, institutions of public service, administrative responsibility.

The General Part grouped administrative and legal norms 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 enshrine the principles of public administration;

– norms and institutions regulating the administrative and legal status of citizens (individuals);

- norms that determine the procedure for organizing and the administrative and legal status of executive authorities (public administration), as well as other subjects of administration;

– norms regulating the civil service and defining 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 that ensure the legality of management.

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

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

2) management of the socio-cultural sphere (education, science, culture, healthcare, labor and social development and 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, a wide range of managerial relations.

25
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Administrative law (3rd ed., revised and supplemented) (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.
Release year: 2008
Genre: Law
Publisher: Norma
Russian language
Number of pages: 815

Description: In the textbook, in accordance with the program of the training course, the main institutions of Russian administrative law are analyzed. In the third edition, the authors took into account the major changes that have taken place in last years in the system of public administration, in the field of administrative legislation. The concept of administrative-legal relations, issues of public administration and executive power, administrative-legal regimes, etc. are considered.

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The textbook and workshop reveal the essence of the main institutions of administrative law, regulating the administrative and legal status of individual subjects of law and executive authorities, the legal status of civil servants, forms and methods of public administration; administrative responsibility; administrative process; ensuring the rule of law in the field of public administration; administrative-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 control questions, assignments, tasks, as well as business games and tests, which will allow students to better understand the theory and acquire the skills and abilities necessary for practical work.

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Administrative law and administrative responsibility: course of lectures / B. V. Rossinsky. - Moscow: Norma: INFRAM, 2020. - 352 p. - Text: electronic. - URL: http://website/catalog/product/1067563 read

978-5-91768-842-8

The course of lectures corresponds to the programs of administrative law for students studying in the direction of bachelor's degree "Jurisprudence", as well as the specialties "Legal support of national security" and "Law enforcement". The course of lectures summarizes the author's experience of lecturing on administrative law and administrative responsibility at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Moscow University of the Ministry of Internal Affairs of Russia, the Academy of the Investigative Committee of the Russian Federation, and a number of other universities. For students, cadets, graduate students, adjuncts and teachers of law schools and faculties, researchers, civil servants and municipal authorities, persons who improve their qualifications.

Rossinsky Boris Vulfovich

Administrative law: textbook / B.V. Rossinsky, Yu.N. Starilov. - 5th ed., revision. - Moscow: Norma: INFRA-M, 2018. - 576 p. - Text: electronic. - URL: http://website/catalog/product/922707 read

978-5-91768-599-1

The book is included in the collection:

Rossinsky Boris Vulfovich

Administrative law: textbook / B.V. Rossinsky, Yu.N. Starilov. - 5th ed., revision. - M. : Norma: INFRA-M, 2017. - 576 p. - Access mode: http://website/catalog/product/760335 read

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In the textbook, in accordance with the program of the training course, the main institutions of Russian administrative law are analyzed. In the fifth edition, the authors took into account the large-scale changes that have taken place in recent years in the public administration system, in the scope of administrative and administrative procedural legislation. The concept of administrative-legal relations, issues of public administration, organization and functioning of the executive power, public service, legal acts of government bodies, administrative-legal regimes, administrative-tort law, administrative coercion, administrative responsibility, administrative justice are considered. For students, graduate students and teachers of law schools and faculties, researchers, employees of state and municipal government.

Rossinsky Boris Vulfovich

Administrative law: Textbook for universities / Rossinsky B.V., Starilov Yu.N., - 6th ed., revision. - Moscow: Jur.Norma, Research Center INFRA-M, 2019. - 640 p. - Text: electronic. - URL: http://website/catalog/product/996119 read

978-5-91768-983-8

In the textbook, in accordance with the program of the training course, the main institutions of Russian administrative law are analyzed. In the sixth edition, the authors took into account the large-scale changes that have taken place in recent years in the public administration system, in the field of administrative and administrative procedural legislation. The concept of administrative-legal relations, issues of public administration, organization and functioning of the executive power, public service, legal acts of government bodies, administrative-legal regimes, administrative-tort law, administrative coercion, administrative responsibility, administrative justice are considered. For students, graduate students and teachers of law schools and faculties, researchers, employees of state and municipal government.

The book is included in the collection:

• KazNU them. al-Farabi. Right. Legal Sciences

Rossinsky Boris Vulfovich

Administrative law: Textbook for universities / B.V. Rossinsky, Yu.N. Starilov - Moscow: Yur. -599-1 - Access mode: http://website/catalog/product/503198 read

978-5-91768-599-1

In the textbook, in accordance with the program of the training course, the main institutions of Russian administrative law are analyzed. In the fifth edition, the authors took into account the large-scale changes that have taken place in recent years in the public administration system, in the scope of administrative and administrative procedural legislation. The concept of administrative-legal relations, issues of public administration, organization and functioning of the executive power, public service, legal acts of government bodies, administrative-legal regimes, administrative-tort law, administrative coercion, administrative responsibility, administrative justice are considered. For students, graduate students and teachers of law schools and faculties, researchers, employees of state and municipal government.

Korolev Andrey Nikolaevich

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978-5-91768-195-5

The book is included in the collection:

• KazNU them. al-Farabi. Right. Legal Sciences

Rossinsky Boris Vulfovich

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• KazNU them. al-Farabi. Right. Legal Sciences

Rossinsky Boris Vulfovich

Administrative responsibility: Course of lectures / B.V. Rossinsky. - 2nd ed., revised. and additional - M.: NORMA, 2009. - 512 p.: 60x90 1/16. (hardback) ISBN 978-5-468-00302-2 - Access mode: http://website/catalog/product/188919 read

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The book is included in the collection:

• KazNU them. al-Farabi. Right. Legal Sciences

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Administrative law: Textbook for universities / B.V. Rossinsky, Yu.N. Starilov - 5th ed., revision. - M.: Yur.Norma, NITs INFRA-M, 2016. - 566 p.: 60x90 1/16 (Hardcover) ISBN 978-5-91768-599-1 - Access mode: http://site/catalog/product /537572 read

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In the textbook, in accordance with the program of the training course, the main institutions of Russian administrative law are analyzed. In the fifth edition, the authors took into account the large-scale changes that have taken place in recent years in the public administration system, in the scope of administrative and administrative procedural legislation. The concept of administrative-legal relations, issues of public administration, organization and functioning of the executive power, public service, legal acts of government bodies, administrative-legal regimes, administrative-tort law, administrative coercion, administrative responsibility, administrative justice are considered. For students, graduate students and teachers of law schools and faculties, researchers, employees of state and municipal government.

Rossinsky Boris Vulfovich

Problems of the theory and practice of administrative responsibility: textbook for magistracy / otv. ed. B. V. Russian. - M. : Norma: INFRA-M, 2019. - 256 p. - Access mode: http://website/catalog/product/1025098 read

978-5-00156-001-2

The textbook was prepared for undergraduates of the Moscow State Law University named after O. E. Kutafin (MSAL), working in the research seminar "Problems of the Theory and Practice of Administrative Responsibility" as part of the master's program "Lawyer in Public Administration". When writing it, the results are summarized scientific work authors, their experience in teaching administrative and legal disciplines, in particular issues of administrative responsibility, as well as the preparation of textbooks, manuals, comments and other publications on the problems presented. This manual will be useful for students enrolled in other educational programs that involve the study of issues of administrative responsibility, graduate students, teachers of law schools and faculties.

CURRENT PROBLEMS OF ADMINISTRATIVE LAW AND PROCESS

Stakhov Alexander Ivanovich,

Stakhov Alexander Ivanovich, Head of the Department of Administrative Law and Process named after N.G. Salishcheva of the Russian State University of Justice, Doctor of Law, Professor

The article substantiates the need to identify differentiated administrative and procedural forms of state control and supervision that have been 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 procedural forms, such special interrelated categories as “normative mandatory requirements” and “individualized mandatory requirements” are introduced, “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.

Key words: state control, state supervision, executive authorities, administrative procedure, mandatory requirements, violations of 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

Kokurina Olga Yurievna,

Kokurina Olga Yurievna, Acting State Counselor of the Russian Federation, 3rd class, Doctor of Law

The work is devoted to the problem of the 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 areas of influence of award law on social relations, legal consciousness and people's behavior: axiological, teleological, premium, motivational-stimulating, value-oriented, educational, ideological, information and communication functions; functions of state assessment, integration, cultural, historical and social memory, social status and social mobility.

Key words: axiology and teleology, operation of law, institution of state awards, award law, lawful 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 inflation, legitimate social activity, social and legal functions, state awards institute, state awards law

Popugaev Yury Ilyich,

Popugaev Yury Ilyich, Professor of the Department of Administrative Law of the Moscow University of the Ministry of Internal Affairs of Russia. V.Ya. Kikotya, PhD in Law, Associate Professor

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

Key words: administrative and 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 offences.

Kanunnikova Natalya Gennadievna,

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

The article provides a historical and philosophical analysis and presents a description of modern approaches to the theory of public administration, the definition of its concept. The author explored various interpretations 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 systematized legal characteristics these institutions, developed at different times by philosophers and administrative scientists.

Key words: public administration, theory of public administration, administrative law, 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 the 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 Alexey Alexandrovich,

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

Fatyanov Aleksey Aleksandrovich, Head of the Department of State Law 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 misconduct". The positive and negative consequences of making such a decision are considered.

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

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 offense, administrative responsibility, criminal liability

ADMINISTRATIVE REFORM

Zueva Ludmila Yurievna,

Zueva Lyudmila Yuryevna, Deputy Head for Academic Affairs, Center for Professional Training 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 national legislation, the problems of its implementation at the present time, and considers ways to solve them.

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 Alexander Valerievich, Professor of the Department of Management of the Activities of Units for Ensuring the Protection of Public Order of the Academy of Management of the Ministry of Internal Affairs of Russia, PhD in Law, 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 officials of the Ministry of Internal Affairs of Russia. These regulatory procedures have a predominantly positive orientation and are implemented in the administrative procedural form. Together with jurisdictional proceedings, administrative procedures form a single administrative process of the police. Unlike administrative-jurisdictional proceedings, which imply the issuance of procedural decisions to resolve administrative-legal disputes and the application of administrative coercion measures, 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. through the provision of public services.

Keywords: 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 the 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 procedures. 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 Muharbievna, Kazachkov Vladimir Alexandrovich,

Kazachkova Zemfira Muharbievna, 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, 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 for improving the administrative and legal regulation of the securities market in connection with serious institutional changes in the legislation, including the Code of Administrative Offenses of the Russian Federation, in terms of the legal regulation of administrative liability for offenses in the securities market, as well as due to the relevance of the state legal policy to counter insider trading and market manipulation.

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

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.

Ponkin Igor Vladislavovich,

Ponkin Igor Vladislavovich, Professor of the Department of State and Municipal Administration of the Institute of Public Administration and Administration of the Russian Academy National economy and Public Service 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.

Key words: age approach, public administration, public law, project-oriented public administration, public administration efficiency, public administration deviantology, administrative law, public administration theory

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 implementation.

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.

Nechevin Dmitry Konstantinovich, Kolodkin Leonard Mikhailovich,

Nechevin Dmitry Konstantinovich, Honored Lawyer of the Russian Federation, Professor of the Department of Administrative Law and Procedure, Moscow State Law University named after O.E. Kutafina (MSLA), 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 epochal 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 freedoms of the individual.

Key words: Nuremberg, Tokyo and Khabarovsk trials, world legal order, civilization, Patriotic War, 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, latent 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, Pedagogy 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 Yury Vasilyevich, Banshchikova Svetlana Leonidovna,

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

Banshchikova Svetlana Leonidovna, Associate Professor, Department of State and Legal Disciplines, 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, divisions for minors of the internal affairs bodies to examine the living conditions and upbringing of the child, as well as the features of the legal regulation of this procedure in Russia, suggest considering this survey as a measure to ensure the proceedings about administrative offences. 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 at the Department of Administrative Law of the Rostov Law Institute of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences

Turovskaya Victoria Alexandrovna, head of the press service, chief specialist-expert of the department legal support, civil service, personnel, administration and civil defense Department of Forestry for the Far Eastern Federal District

The article describes the negative aspects of fixing in the legislation of the Russian Federation an open list of ways to notify 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, as 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 Offense 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 the 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 Nikolai Mikhailovich,

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

Zhdanov Nikolai Mikhailovich, Associate Professor of the Department of Administrative and Financial Law of the Omsk Law Academy, PhD in Law, Associate Professor

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

Keywords: legal regulation and rules for the sale of alcoholic products, places of sale of alcoholic products, administrative liability for violation of the rules for the sale of alcoholic products.

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 of the Federal Penitentiary Service, PhD in Law, Associate Professor

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

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

STAND OF THE YOUNG SCIENTIST

Kritskaya Olga Vasilievna,

Kritskaya Olga Vasilievna, post-graduate 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, Research Fellow, Laboratory for Legislation Expertise, Institute for 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 introduction of the institution of anti-corruption expertise of legal acts in the Russian Federation are considered. The author describes the mechanism for the implementation of anti-corruption expertise, gives a description of the main types of anti-corruption expertise. The author also identified a number of problems in the field of anti-corruption expertise and suggested potential ways to solve them. Taking into account the available results of the implementation of anti-corruption expertise in the Russian Federation, the author concluded that it is possible to further improve the institution and further introduce 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 into the practice.

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

Kashuro Olga Alexandrovna,

Kashuro Olga Alexandrovna, Postgraduate Student, Department of State and Municipal Administration, Institute of Public Administration and Administration, 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-consociated (contaminated), poly-subject intra-level and on-subject intra-level.

Key words: decentralization of public administration, models of decentralization of public administration, layer-by-level consociated (contaminated) model of public administration, poly-subject 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 dedicated 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 Alexander S., Honored Lawyer of the Russian Federation Doctor of Law, Professor

Pozdnyshov Alexey Nikolaevich,

Pozdnyshov Aleksey Nikolaevich, Dean of the Faculty of Law, 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

INFORMATION ABOUT THE CONFERENCE

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, PhD in Law, Associate Professor

Vasilieva Anna Fedotovna, Associate Professor of the Department of Constitutional, Administrative and Municipal Law of the Law Institute of the Siberian Federal University, PhD in Law, 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