Pligin V.N. —
Problems of public law regulation of customs control (international legal aspects)
// International Law. – 2024. – ¹ 4.
– P. 63 - 73.
DOI: 10.25136/2644-5514.2024.4.72550
URL: https://en.e-notabene.ru/wl/article_72550.html
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Abstract: The subject of the study is the concept of customs control as a public law institution and the specifics of its international legal regulation. The author examines the main objectives and levels of supranational regulation of customs control. The analysis of international acts in the field of regulation of customs control and related institutions makes it possible to assess and correlate the integration and national regulation of customs control, while distinguishing the norms governing the conduct of control measures themselves (regulation of control and supervisory activities) and the norms establishing mandatory requirements (customs rules) for controlled entities. The problems of public law regulation of customs control are considered not only from the standpoint of international standards of customs regulation, but also taking into account the modern digital agenda, as well as Russia's counteraction to sanctions pressure. When working on the topic, the following research methods were used: comparative law, methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the study are : 1) international level of regulation of customs control should distinguish between universal international and regional integration levels of regulation;2) as the basic goals of supranational regulation of customs control, it is necessary to highlight the harmonization and unification of regulation, protection of the rights and legitimate interests of controlled persons; establishment of a minimum level of protection, universal standards for the protection of the rights and legitimate interests of controlled persons; ensuring regional economic integration; 3) special international treaties and agreements in the field of regulation of customs control are inexistent, but at the same time, all universal standards of customs regulation at the supranational level directly or indirectly relate to the regulation of the control activities of customs authorities; 4) the integration level certainly dominates in the international legal regulation of customs control. The author's special contribution to the research of the topic is the proposals on the relationship between national and supranational regulation of customs control. The conclusion is made about the problem of the embeddedness of national regulation in the integration mechanisms of legal regulation in which Russia participates (EAEU, BRICS).
Pligin V.N. —
Current issues of administrative responsibility: security aspects
// Security Issues. – 2024. – ¹ 4.
– P. 1 - 12.
DOI: 10.25136/2409-7543.2024.4.72636
URL: https://en.e-notabene.ru/nb/article_72636.html
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Abstract: The object of the study is the administrative responsibility, considered from the point of view of ensuring security. The author identifies the levels of scientific study of administrative responsibility in the context of security, which include: the administrative responsibility for violations of the requirements of certain types of security; the administrative responsibility in the field of security, its individual types; the administrative responsibility in the structure of the mechanism of legal influence, as one of the elements of the regulatory mechanism; the administrative responsibility as a means of ensuring security; the administrative responsibility as a guarantee of ensuring and maintaining the necessary level of security in a certain area of regulation. Special attention is paid to topical issues of administrative responsibility from the point of view of ensuring security. The administrative responsibility is justified from the standpoint of its place in the system of legal responsibility in general and in the structure of public legal responsibility, in particular. When working on the topic, the following research methods were used: methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the author are the provisions related to the identification and legal justification of several levels of scientific positioning of administrative responsibility in the context of security. The author highlights several key issues in the research of administrative responsibility in the context of security. Among them: contradictory trends in the direction of strengthening punishments and expanding the scope of relations protected by administrative law and at the same time liberalizing administrative responsibility on the part of the law enforcement officer; issues of delineation of administrative and criminal responsibility, problems of independence of administrative responsibility in the structure of public legal responsibility; issues of the effectiveness of the institution of administrative responsibility from the point of view of ensuring security as a legally protected value. All these issues are considered in the context of reforming the legislation on administrative responsibility and the upcoming "third" codification. A special contribution of the author is the construction of a theoretical model of the relationship between the institution of administrative responsibility and the concept of security.