Liability in administrative and municipal law
Reference:
Sidorov E.T., Nikonorov E.A.
On some features of the recognition of an administrative offense in the field of traffic as insignificant
// NB: Administrative Law and Administration Practice.
2024. ¹ 2.
P. 1-13.
DOI: 10.7256/2306-9945.2024.2.70664 EDN: ESFXWV URL: https://en.nbpublish.com/library_read_article.php?id=70664
Abstract:
The subject of the study was the legal norms contained both in Article 2.9 and in other norms of the Code of Administrative Offences of the Russian Federation, which empower a law enforcement officer, when considering a case of an administrative offense in the field of traffic, to release a person from administrative responsibility if the administrative offense is insignificant.The object of the study was the administrative legal relations that arise when a law enforcement officer implements the legal institution of releasing a person from administrative responsibility if an administrative offense is insignificant. The authors analyzed the positions of scientists who have studied this legal institution at various times. Special attention is paid to the decisions of the highest judicial authorities and judicial practice in this area by district and regional courts. The article proposes criteria for determining an administrative offense as a gross one, and substantiates the position that a gross administrative offense cannot be recognized as insignificant under any circumstances. The methodological basis of the research was the dialectical method of cognition, the fundamental principles of the scientific worldview. In the course of the study, methods of historical, comparative legal, concrete sociological, and statistical analysis were used. When preparing a scientific article, the authors of the article conducted a survey of traffic police officers. As a result of the conducted research, the following conclusions were formulated: 1. The range of public relations in the field of public administration protected by legislation on administrative offenses is so wide that it makes it impossible to establish specific criteria for recognizing an administrative offense as insignificant. 2. In order to fill this gap, the higher judicial authorities establish specific compositions of administrative offenses that cannot be recognized as insignificant. 4. It is necessary to introduce the concept of "gross administrative offense" in the Administrative Code of the Russian Federation, which should be understood as "administrative offenses, the repeated commission of which entails criminal liability." 5. Article 2.9 of the Administrative Code of the Russian Federation should be supplemented with the second part, which will contain the following legal norm: "Persons who have committed such administrative offenses, for which the repetition of their commission entails criminal liability, cannot be released from administrative responsibility in connection with the recognition of an act as insignificant."
Keywords:
traffic, liberation, Personal inspection, administrative responsibility, security measures, administrative tort, insignificance, administrative detention, oral remark, administrative offense
Administrative law, municipal law and human rights
Reference:
Madatov O.Y.
The problems of defining and applying the concepts of gender equality and gender inequality in Russian law
// NB: Administrative Law and Administration Practice.
2024. ¹ 2.
P. 14-29.
DOI: 10.7256/2306-9945.2024.2.70390 EDN: ESLSBT URL: https://en.nbpublish.com/library_read_article.php?id=70390
Abstract:
The article examines the issues of the emergence, development and current state of the scientific problem of defining the concepts of gender equality (inequality), as well as the law enforcement aspect of its solution in the Russian Federation and in foreign countries. The object of the study is public relations between the state and citizens of Russia on issues of equality of rights, freedoms, opportunities for their realization and obligations established by Part 2 of Article 6 and Part 3 of Article 19 of the Constitution of the Russian Federation. The subject of the study is the norms of constitutional (Part 2 of Article 6, Part 3 of Article 19 and paragraph "zh.1" of Part 1 of Article 72 of the Constitution of the Russian Federation), civil (part 1 of Article 12 of the RF IC) and administrative law (Part 2 of Article 3.9 and Part 2 of Article 4.2 of the Administrative Code of the Russian Federation), other normative legal acts and judicial acts defining gender equality (inequality) of citizens. In the course of the work, dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods were used. The aim of the study is to develop a uniform approach to establishing the concepts of gender equality (inequality) in order to eliminate the problems of ambiguous interpretation and conflict of legislation in modern science and law enforcement practice. This goal has determined the need to set and solve the following tasks: 1. Research on the concepts of gender equality (inequality) as legal categories in the Russian Federation and foreign countries. 2. Formulation of uniform definitions of gender equality (inequality). 3. Definition of the main difference between the concepts of gender equality (inequality). 4. Consideration of the possibility of applying the author's concepts of gender equality (inequality) in law enforcement practice and in normative acts. The study showed that there is no single approach to understanding gender equality (inequality) in modern science and law enforcement practice. Most modern concepts of gender equality (inequality) are based on the recognition of the equality of rights and freedoms of men and women. The author of the article puts forward the theory that gender equality is a right guaranteed by the state and international legal acts, freedom, duties and opportunities to achieve them in relation to citizens without gender separation, and gender inequality, on the contrary, acts as a discriminatory sign in relation to citizens depending on their gender.
Keywords:
society and the state, public relations, rights and freedoms, gender discrimination, gender equality, civil law, administrative law, international law, national law, constitutional law
Public law: New challenges and realities
Reference:
Kravchenko O.A.
Foreign experience in determining the validity of the will of the people
// NB: Administrative Law and Administration Practice.
2024. ¹ 2.
P. 30-52.
DOI: 10.7256/2306-9945.2024.2.43438 EDN: EQZQUM URL: https://en.nbpublish.com/library_read_article.php?id=43438
Abstract:
The subject of the study is the experience of foreign countries in the field of the authenticity of the will of the people when voting on direct forms of democracy. The paper examines democracy and the identification of the will of the people in Germany. It is proposed to distinguish broad and narrow approaches to understanding reliability when it comes to identifying the will of the people. Thus, a narrow approach is relevant only to the correctness of the vote count, and then the credibility of the will of the people should be defined as the correspondence of the final voting protocol to the actual will of the people, and with a broad approach it is proposed to consider it as the correspondence of the will of the people to the true and free will of the people. The classification of types of distortions of the will of a citizen (based on their nature) is revealed. The main conclusions of the study are the results of studying the foreign practice of organizing the determination of the reliable expression of the will of the people in direct forms of democracy. In a number of positions, foreign experience can be borrowed. Thus, it would be justified to legislatively and constitutionally consolidate the increasing importance of political parties in the sphere of forming the will of the people. Taking into account foreign experience, it is possible to introduce specific measures of criminal and civil liability of a casuistic orientation for non-fulfillment or violation of the procedural norms of the electoral process stipulated by law, entailing distortion of the will of voters. It seems that there is a need to introduce responsibility to the people and the entire deputy corps of the legislative authority as a whole, that is, the introduction of a popular vote of no confidence in this composition of the legislative authority if there are doubts about the reliability of the results of determining the will of the people. As guarantees of the real implementation of democracy and the power of the people, it would be necessary to provide for the adoption of the most important legislative acts in the field of determining the authenticity of the will of the people, only if there is a popular initiative.
Keywords:
delegation, power, the will of a citizen, voting, democracy, the will of the people, direct forms of democracy, votes, people, majority of votes
Public law: New challenges and realities
Reference:
Yakunina A.V.
Protection of privacy in the era of digital communication development
// NB: Administrative Law and Administration Practice.
2024. ¹ 2.
P. 53-62.
DOI: 10.7256/2306-9945.2024.2.70695 EDN: EPDVQZ URL: https://en.nbpublish.com/library_read_article.php?id=70695
Abstract:
This article examines the influence of technological progress on ensuring and protecting the privacy in the context of expanding digital communications. The level of expectations of a specific society regarding the state of privacy serves as a benchmark, either stimulating or weakening actions to improve national legislation. A sensitive attitude towards the perception of technology, based on common sense, will help avoid obvious violations of proportionality and maintain a balance between private and public interests in society. The author analyzes the impact of digital technologies on private life with the expansion of state support in this area, using the most influential corporations, Palantir Technologies Inc. and Cambridge Analytica, as examples, and proposes effective measures to safeguard personal data in the modern digital world. In preparing this article, a complex of methods was used, including comparative legal analysis, systemic analysis, historical legal method, and empirical methods for analyzing the practical implementation of legal norms. The scientific novelty of the research is determined by a comprehensive and thorough analysis of the impact of digital technologies on privacy, as the applied information technologies provide a greater opportunity for both conscious and unconscious violations of rights and freedoms. Additionally, the article discusses the ethical and legal aspects of using personal data of citizens and provides recommendations for improving confidentiality in the digital age. In this regard, the issue of privacy in the context of the evolution of digital communications becomes particularly relevant. The conclusion of the article discusses the importance of balancing public and private interests in the field of digital technologies and data protection and proposes ways to address this complex issue in the interests of all stakeholders.
Keywords:
impact assessment, transparency report, data protection, Cambridge Analytica, Palantir Technologies, digitization, personal data, confidentiality, privacy, digital communications
Public law: New challenges and realities
Reference:
Usov A.Y.
On the organization of prosecutorial and supervisory support for the implementation of the national project “Ecological Well-Being”
// NB: Administrative Law and Administration Practice.
2024. ¹ 2.
P. 63-74.
DOI: 10.7256/2306-9945.2024.2.71106 EDN: EVNXVE URL: https://en.nbpublish.com/library_read_article.php?id=71106
Abstract:
The author examines the relations between the Prosecutor's Office of the Russian Federation and supervisory support in the field of implementation of a national project in the field of ecology. The subject of the research is the practice of the prosecutor's offices of the constituent entities of the Russian Federation and the Prosecutor General's Office of the Russian Federation, the case law of the Supreme Court of the Russian Federation, the legislation of the Russian Federation and organizational and administrative documents of the Prosecutor General of the Russian Federation, the works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method; system method; methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The author examines the organization of supervisory support for national projects, in particular, the problems that arise during work with sources of information about violations of laws, the organization of systemic information interaction with the objects being inspected, the distribution of responsibilities among prosecutors, the formation of departmental reporting, interaction with specialists (experts) during inspections, as well as during inspections at various stages of implementation of national projects. The work classifies typical violations and analyzes specific examples at various stages of national project implementation, such as: organizing and conducting procurement; implementation of government contracts; payment of government contracts and other expenditure of budget funds; organization and implementation of subsequent maintenance of purchased equipment and constructed facilities. The author also substantiates the need to create a single expert institution in the Russian Federation.
Keywords:
environmental well-being, national project, law, supervisory support, ecology, prosecutorial activity, environment, prosecutor supervision, prosecutor's office, prosecutor