Abstract: The subject of the article is the range of theoretical problems of the institutions of administrative process, the problems of legal regulation of positive administrative procedures, used by executive authorities, performing administrative and regulatory functions. At the same time, in the Russian Federation there is no progressive and consistent development of the administrative process system. Since the Soviet period, there has been the institution of administrative jurisdiction, exercised mainly through the Code of Administrative offences of the Russian Federation. Since September 15, 2015, the Code of Administrative legal proceedings is functioning, together with the institution of administrative justice. However, the institution of administrative procedures is still fragmentary; its conceptual system hasn’t been developed yet. Positive administrative procedures are created, as a rule, by the public authorities implementing them. The country has a cumbersome and ineffective system of administrative procedures. The methodological basis of the article is formed by the current achievements of epistemology. The author apples the general philosophical and the systems methods, analysis, synthesis, analogy, deduction, the traditional legal methods (formal-logical and comparative-legal), and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that it is necessary to revive the ideas of creation of codified administrative-procedural legislation, promoting openness and efficiency of the executive authorities and civil servants. The main contribution of the author is the conclusion about the necessity to develop the institution of positive administrative procedures. The novelty of the study consists in the proposals about the development of the institution of administrative procedures.

Keywords: authorities, functions, administrative activities, state civil servants, executive authorities, administrative procedure, administrative process, administrative regulations, systematization, openness

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of the modern economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both public and private sectors of the economy. The article demonstrates the author’s positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author analyzes the concepts of development of law and economy in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on public and private sectors of the Russian economy. The author states that it is necessary to develop administrative-legal regulation of the economy; he proposes the measures for development of forms and methods of government regulation of the economy and provision of legal and organizational guarantees of legality in the Russian economy. 

Keywords: protection, safety, regulation, control, method, form, administration, economy, question, police

Abstract: The author considers the development of the normative-legal base of technical regulation in the context of economic development of the Russian Federation and the current problems of legislation in this sphere. Special attention is paid to the formation and improvement of the normative-legal base in the sphere of technical regulation within the integration processes in the Customs Union and the Eurasian Economic Community, the normative-legal base harmonization with the principles of the WTO, aimed at Russia’s economy development and economic relations expansion. The methodology of the research is based on the dialectical and the systems methods. The author also applies such general scientific methods as analysis, synthesis, generalization, and prognostication. The author concludes that an extensive legal base has been formed recently, which promotes the formation of integrated legislation in the sphere of technical regulation; the defining factor of legislation improvement is integration within the Eurasian Economic Community. At the same time, the set of normative legal acts still contains gaps and uncertainties, allowing violations of entrepreneurs’ rights; there’s still a lack of a clear hierarchical structure of regulations with the necessary correlations, covering all industrial sectors they can be used in.

Keywords: legislation updating, systematization of legislation, harmonization of legislation, development trends, normative-legal base, topical problems, state supervision, technical regulation, problem issues, integration processes

Abstract: The research subject is the modern condition and the perspective directions of the state supervision system reforming. Recently, the significant reforms have been undertaken in the sphere of Russia’s legislation about the state supervision, aimed at the improvement of oversight bodies’ activities, including the introduction of a risk-oriented state supervision system. The attempts are made to improve the executive authorities system, responsible for the supervision and control, aimed at the decrease of the redundant influence on various spheres of the market economy. One of the main recently discussed questions is the adoption of a new law on the state supervision and control. The methodology of the research is composed of the modern scientific methods, including the systems analysis, the historical method, and the methods of observation, synthesis and analysis. The author also applies sociological methods, the statistical method and the method of expert assessment. In the result of the research the author formulates the main problems of the modern state supervision system reforming. The author defines three main directions of reforms in this sphere: firstly, the improvement of the current Federal Law of December 26, 2008 No. 294; secondly, the optimization of the state supervision structures and functions; thirdly, the development of the new federal law on the state control and supervision. The article analyzes the main results of the performed reforms. 

Keywords: decrease of redundant functions, state function, executive authority, administrative law, state supervision, state control, administrative reform, public administration, control and supervision activities, provision of legality

Abstract: The subject of the study is disciplinary penalties imposed on public servants within official delictual disciplinary relations. The author analyzes the current system of disciplinary penalties imposed on state civil servants, military personnel and law enforcement officers. Particular attention is paid to the nature of disciplinary sanctions, the possibility of determining the extent of their impact on offenders. The author examines the individual types of disciplinary penalties, including demotion, in the sphere of the internal affairs, and dismissal, as a disciplinary penalty, identifies the shortcomings of legal regulation of these matters. The author applies the dialectical method of scientific cognition, the method of logical analysis and synthesis, the systems method, logical analysis, and the method of comparative jurisprudence. The novelty of the research lies in substantinating the necessity to expand the list of disciplinary penalties with punishments, having a material nature and consisting in the temporary restriction or deprivation of benefits of public service, or limiting career growth. This proves the necessity to differentiate the limits of disciplinary penalties in the form of monthly financial incentives cut, depending on the category of the disciplinary offense. It is proposed to exclude from the list of disciplinary sanctions, imposed on the officials of internal affairs agencies, such a type of disciplinary penalty as a transfer to lower official positions as a penalty, not conforming to international law provisions and being a form of forced labor. The author proposes to legislate the division of disciplinary penalties into primary and secondary, taking into consideration that a single disciplinary offense can be punished with a primary or a secondary penalty. The author declares the need for establishing common grounds for particular penalties imposition for particular types of misconduct. The author substantiates the proposal about legislative restriction of financial incentives for public officials incuring disciplinary penalty.

Keywords: additional penalty, primary penalty, disciplinary responsibility, official delictual disciplinary relationship, public servants, public service, disciplinary offenses, disciplinary penalty, dismissal, financial incentives cut

Abstract: The article focuses on legal and organizational problems of administrative offences qualification in Russia. The author analyzes the problems of qualification of administrative offences consisting in non-declaration or false declaration of goods. The author studies the legal grounds and the legal composition of the mentioned administrative offences, their forms and specificities of qualification by the officials of customs agencies, the order of their procedural registration, and the measures of law-enforcement practice improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the customs sphere, it is necessary to improve the procedural forms of administrative-legal sanctions imposition for the violation of legislation on administrative offences. The author states that it is necessary to develop the institution of administrative liability in the customs sphere; he proposes the measures for administrative offences qualification improvement. 

Keywords: identification, non-declaration, offence, sanction, qualification, liability, Declaration, Union, customs, goods

Abstract: The article focuses on the scientific knowledge and theoretical ideas about the condition and the ways of further development of social relations, arising in the sphere of imposition of administrative liability of lending agencies for the violation of current legislation on banking, including prudential requirements of the Central Bank of Russia. The author analyzes particular problems, caused by the dualism of sanctions in the Code of Administrative Offences and banking law of the Russian Federation. On the basis of theoretical researches and the practice of the mentioned norms application, the author formulates conclusions and proposals for the revealed problem elimination. The methodology of the research is based on the modern methods of scientific cognition, including the comparative-legal, the system-structural and the formal-legal methods and the systems analysis, the systems approach and other special scientific research methods. The novelty of the research is defined by the very formulation of the problem and the approach to its solving, taking into account that it hasn’t been sufficiently studied. This collision can be solved provided that the clause 1, part 1 of the article 74 of the Federal Law “On the Central Bank…” is excluded, and the article 15.26 of the Code of Administrative Offences is changed according to the author’s proposals. 

Keywords: administrative liability, fine, compulsory standards, banking, Bank of Russia, prudential requirements, banking law, warning, coercion, administrative-legal regulation

Abstract: The article is devoted to the analysis of the main stages and directions of Russian criminal legislation on crimes against the administrative order. The author studies Russian historical legal documents, demonstrates the connection of the history of the studied crimes with the evolution of the state. The author defines the prerequisites to differentiation of official malfeasances and managerial crimes and their classification as general or specific. The author notes that the increase of normative data on components of crimes against the administrative order is closely connected with the structure of relations between the person and the state and with the level of the state system bureaucratization. The research is based on the dialectical method of cognition combined with the system-logical, formal-legal, comparative-legal and historical analysis. The author also applies the methods of analysis, synthesis, modeling, prognostication, statistical and sociological methods, the principle of unity of the subject and the method of research, and the principle of scientific correctness. The novelty of the study consists in the conclusion that during the period under consideration, Russian law hadn’t only generalized the experience of the previous times, but systematized crimes against the administrative order; this systematization simultaneously was defined by and promoted defining the true legal nature of those crimes. 

Keywords: historical legal documents, systematization of law, history of law, official malfeasance, administrative order, crime, criminal law, public safety, arbitrariness, state violations

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of juvenile delinquency prevention. The author analyzes the concepts of legal regulation of German police’s preventive activities from the position of administrative-legal regulation of juvenile delinquency prevention. The main attention is paid to the development of methods and methodology of administrative-legal regulation of juvenile delinquency prevention using German experience. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that it is necessary to use the experience of law-enforcement agencies of Germany in preventing administrative offences committed by minors. The author of the paper analyzes the methods of specialized agencies, responsible for preventing juvenile delinquency in Germany, and possibilities to use them in Russia. The author proposes the ways to develop forms and methods of administrative-legal regulation of preventive activities in the sphere of internal affairs. 

Keywords: experience, delinquent, police, prevention, minors, child, juvenile, Germany, prevention, parents

Abstract: The study pays attention to the range of administrative social relations, emerging in the process of imprisonment, lacking for legal regulation. The research subject includes administrative-legal relations, arising in the process of imprisonment. The study is aimed at the analysis of the modern condition of Russian administrative and penal legislation, regulating social relations, arising in the process of imprisonment; researching the problems of legal regulation in this sphere, and making proposals about their elimination.The methodology of the research is based on the modern achievements of epistemology. The author applies general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), legal methods (formal-logical, the method of comparative-legal and systems and structural analysis, and applied study). The authors describe the law-enforcement practice of institutions and agencies of the penal correctional system; make proposals about the further enhancement of administrative and penal legislation in this sphere. On the base of the provisions of the theory of law, the authors differentiate penal and administrative social relations, arising in the process of imprisonment. They outline the range of social relations of this kind, lacking for administrative-legal regulation and its improvement (control over the penal institutions and agencies; initiating administrative supervision by penal correctional institutions; interaction of public authorities in the process of deportation of foreign citizens and stateless persons after penal service in Russia, etc.). The authors make proposals about the improvement of administrative and penal legislation in this sphere. The materials of the study can be used by the “Administrative Law” students, as the basis for scientific and journalistic articles, and for improving law-enforcement activities in this sphere. 

Keywords: interaction, supervision, control, police, penal correctional system, enforcement, legislation, relations, subordination, inspector

Abstract: The article studies the consideration of anonymous appeals by prosecution agencies. The object of the research is the range of legal relations, arising when dealing with anonymous appeals, their registration and consideration by prosecution agencies. The author pays special attention to the fact that the current legislation doesn’t prohibit consideration of anonymous appeals, containing information about offences, by prosecution agencies, but the legislation in this sphere should be improved. The author applies the comparative-historical method; he analyzes the provisions of various legal acts and different sources, and comes to the conclusion about the need for a more clear and consistent legal regulation of the legal regime of anonymous appeals, containing information about imminent crimes, the crimes that are being or had been committed, aimed at legal provisions adjustment. 

Keywords: consideration of appeals, illegal deed, procuracy oversight, prosecutor, offence, infringement of law, source of information, anonymous appeal, jurisdiction, supervision

Abstract: Computerization has a significant impact on the development of the society, on the relations between the state and citizens. The article shows the evolution of the concepts «Information society» and «Global information society». The author discusses the improvement of Russian normative legal base in the context of the global information society, emphasizes the importance of legal awareness of citizens by means of openness and accessibility as one of the main tasks of public authorities and local self-government. The author demonstrates the necessity to clarify normative legal formulations. The author applies the method of theoretical research of the works of Russian and foreign scholars, whose studies focus on the essence and the patterns of formation of the national and global information society. The author concludes that, with the rapid formation of legal acts and the change of the situation in the information society, new problems emerge: the preparation of normative legal acts doesn't always conform with the changing conditions; the integration of legislation in the allied branches is also problematic.  

Keywords: legal regulation, normative legal act, legislation, foreign legislation, global information society, information society, society, information policy, state, state information services

Abstract: The author carries out the brief review of changes in migration legislation. On January 11, 2015 the Federal Law of 31.12.2014 No 515 came into force; it amended the article 4.1 of the Code of Administrative Offences of the Russian Federation. Particularly, it provides the possibility to reduce, in particular cases, the sum of an administrative fine, which doesn’t exceed the minimal rate, prescribed in chapter II of the Code. The abovementioned Federal Law enforces the Decree of the Constitutional Court of the Russian Federation of 25.02.2014 No 4-P, providing for the possibility to impose the fine, which is lower than the lowest rate, prescribed in the provisions of the corresponding norms of the Code. The author of the study applies various scientific methods, including the method of comparative analysis of federal and regional legislation. Actual admission to work for a foreigner without a work permit is considered as the violation of order of foreigners admission to work in Russia (clause 1 of the annotation to art. 18.15 of the Code of Administrative Offences of the Russian Federation). In this case, the fact of work contract conclusion is not important. Registration of labor relations with a foreigner without a work permit is not considered as admission to work (clause 20 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of 17.02.2011 No 11). Consequently, such a situation doesn’t contain infringement of the law and the reasons for imposing administrative liability on the employer according to part 1, art. 18.15 of the Code of Administrative Offences. 

Keywords: Migration, foreign citizen, citizenship, Migration legislation, reduce the fine, administrative liability, patent, work permit, term of validity, employer