In the article the urgent and important issues that arose during the discussion of bills, devoted to the legal institution of accreditation in Russia. It is shown, that the provisions of the legal act regulating the accreditation, insufficient exercise of normative-legal regulation of such complex legal phenomenon as accreditation. It is noted that the legal science has been unable to provide evidence-based recommendations on the legal regulation of accreditation as a legal instrument.
The article is devoted to the functioning of the permitting system in Russia. Accent is made on the authorization powers of the executive bodies of the constituent members of the Russian Federation. The features of demarcation of authorization powers between the Russian Federation bodies and the regional executive bodies on the subject of joint jurisdiction.
Рассматривается историческая перспектива вопроса ответственности государства и должностных лиц за вред, причиненный невластными субъектами. Затрагивается также исторический зарубежный опыт.
The article considers the system of public administration that has developed over a 25-year period under the influence of constitutional ideas and principles. It examines the constitutionally conditioned opportunities for the development of the institutions of state administration, the improvement of the legal status and the activities of the executive bodies, and the issuance of legal acts by them. The directions of realization of the potential of constitutional provisions in the sphere of administrative, administrative and procedural law, legal regulation of administrative procedures are analyzed.
The article jusitifies the need of overcoming the purely jurisdictional approach to the administrative law and overestimated role of the Administrative Code, as well as forming the anticipating support system for the country's functioning. Focus on organization of management of state affairs allow to develop a mechanism of stable influence of principles, institutes and norms of administrative law and development of other branches of law and, eventually, on social and economic and political process, stable international and legal development.
The article describes the stages of administrative law science development and explains the conditions for renewal of its certain provisions. A new system of science is proposed, modern administrative and legal institutes of regulation, competence of subjects, discretion, risks, etc., are considered in detail. Proposals on improvement of the administrative laws are subsantiated.
The article determines the role of the academic legacy of Honoured lawyer of the Russian Federation, Professor Nadezhda Georgievna Salischeva in forming the modern concept of administrative law and proceedings. The article contains an analysis of the main academic ideas and proposals of Professor Salischeva, aimed at improving public administration, administrative liability, and the establishment and development of the concept of administrative proceedings. The subject matter of the research in this article is Professor Salischeva’s academic work from both the Soviet and post-Soviet periods.
The article is devoted to punitive and restorative administrative enforcement measures for violations of tax legislation. The analysis of the system of these measures is constructed taking account of their purposes and the grounds for applying them, the method for them to secure the administration of justice, and the content of the measures in question. This has allowed the author to identify shortcomings both in the legal regulation and in the practice of applying mentioned administrative enforcement measures for violations of tax legislation, as well as to devise and propose in the article methods for solving the above problems.
In the article the author analyzes the problem of versatility of the law and manufacturability of administrative regulations. It is shown, that at the present stage the concept of technology in legally significant activities remains a metaphor.
The article reveals the problem of realization of criminal liability for willful evasion of disclosure or provision of information on the securities market. The author draws attention to the complexity of proving major damage as a necessary feature of the crime. As one of the options for increasing the effectiveness of Art. 185.1 Criminal Code RF the author considers the question of a possible replacement in her construction feature “major damage” on administrative prejudice.
The article is devoted to preclusive and injunctive administrative enforcement measures for violations of tax legislation. The analysis of the system of these measures is constructed taking account of their purposes and the grounds for applying them, the method for them to secure the administration of justice, and the content of the measures in question. This has allowed the author to identify shortcomings both in the legal regulation and in the practice of applying mentioned administrative enforcement measures for violations of tax legislation, as well as to devise and propose in the article methods for solving the above problems by making distinction of these measures in a proper manner.
The article considers the issues of structure and content of textbook «Administrative Law» which was published not long ago.
This article is dedicated to the role of Prof. Nadezhda G. Salischeva, who is a recipient of the title ‘Honoured Lawyer of the Russian Federation’, in drawing up the new draft Russian Code of Administrative Offences No. 957581-6 (the “new draft Code”). The article analyses the problems of the institution of administrative liability and examines how, in the new draft Code, account is taken of the proposals set out in Prof. Salischeva’s academic works and aimed at resolving the issues in question.