В процессе реорганизации системы и структуры

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Uploaded: 07.12.2009
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Examination of Administrative Law (2007)

Task 1

In the process of reorganizing the system and structure of federal executive authorities and their territorial bodies were issued following individual legal acts:
A) decisions of the Government were appointed Deputy Director of the Federal Migration Service and the Deputy Director of the Federal Agency for Healthcare and Social Development;
B) Decree of the Government of the Russian Federation have been released from the post of Deputy Minister of Finance and Director of the Federal Customs Service;
B) Order of the Minister of Economic Development and Trade was established territorial authority in the subject of the Russian Federation - the Office for State Reserves and was appointed its director;
D) order of the Minister of Justice as part of the central office was established five departments and staff number limit approved by the central unit;
D) decision of the governor approved the Regulations on the management of regional Civil Defence, emergency management and appointed its chief.
Give legal analysis of the above-mentioned legal acts in terms of: a) form; b) competence; c) The order of publication. If the act is published unentitled body or official, or in violation of procedure specify the competent authority with reference to the normative legal acts.

Task 2

During the passage of the federal public service officials were issued following individual legal acts and perform other legal actions:
A) by order of the Chief Minister of Territorial Administration of the RF subject was assigned a class rank the state adviser of the Russian Federation 3 classes;
B) by the decree of the governor dismissed Deputy Regional Minister on the grounds that the Regional Minister, whose position is related to the public office of the RF subject ("A") has resigned;
B) Deputy Federal Minister of having a class rank of State Councilor of Class 3, applied to the Prime Minister asking him to assign the next class rank, as he worked as Deputy Minister more than a year.
Give legal analysis of any public-relations office. What are the requirements for public office, which replace the parties involved. Which group of civil service positions are their positions, which ranks and the order in which they may be assigned?

Objective 3

Seller Mikheyev was brought to administrative responsibility under Art. 14.5 of the Administrative Code for a sale of chewing gum cost three rubles without the use of a cash register.
The District Court considered a complaint against the decision Mikheyeva Chief Tax Inspectorate ordered the cancellation of the decision and dismissal of the case, pointing out that although the actions Mikheyeva contain all the signs of an administrative offense under Art. 14.5 of the Administrative Code, but by virtue of insignificance, it should be freed from administrative liability.
In protest of the prosecutor of the regional court judge overturned the District Court's decision, leaving the decision of the chief of the tax inspectorate in force, pointing out that, firstly, Mikheev an administrative offense committed intentionally, because knew in advance about the need to use the CMC, as it has a painting in the employment contract, Secondly, insignificance may not apply to the formal structure, and third, the minor nature may recognize only body considering the case on its merits, rather than revise it on the complaint.
Give legal analysis of an administrative offense, with the characteristic features of the object, the objective side, the subject and the subjective side. Can I apply in this case, exemption from the administrative liability of insignificance, if so, under what conditions and how long

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