Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. —
Classification of administrative and preventive measures
// NB: Administrative Law and Administration Practice. – 2015. – ¹ 2.
– P. 72 - 88.
DOI: 10.7256/2306-9945.2015.2.15847
URL: https://en.e-notabene.ru/al/article_15847.html
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Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of prevention of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The paper presents the authors' positions towards the notion of administrative and legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative and legal regulation of prevention of offences. In addition, the article presents the theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative legal regulation. The article provides the authors' positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.)On the base of the research the authors conclude that at present in order to develop the rule of law in the sphere of activity of administrative legislation it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors lies in the statement about the need to develop administrative-legal regulation of prevention of administrative offenses. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activities, and the creation of legal and institutional guarantees of legality in Russia.
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. —
Identification of a subject of an administrative offence
// NB: Administrative Law and Administration Practice. – 2015. – ¹ 1.
– P. 62 - 80.
DOI: 10.7256/2306-9945.2015.1.15849
URL: https://en.e-notabene.ru/al/article_15849.html
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Abstract: The article is devoted to legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions about the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia.
Kostennikov M.V., Kurakin A.V., Vatel' A.Y. —
Anti-corrupt and ethic standards of public servants' code of behaviour
// Police and Investigative Activity. – 2014. – ¹ 2.
– P. 52 - 76.
DOI: 10.7256/2409-7810.2014.2.13873
URL: https://en.e-notabene.ru/pm/article_13873.html
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Abstract: The article considers the legal and organizational problems of realization of anti-corrupt standards of public servants' code of behaviour. It is stated that these standards are the part of their administrative and legal status. The author notes that with the help of various administrative and legal measures the state forms the milieu which is not susceptible to the deliquencies connected with corruption. Corruption threatens the Russian national security, impedes the development of democratic institutes and civil society in Russia, hampers the realization of citizes' constitutional rights. Corruption negatively affects the economical development, the development of the financial system and the infrastructure of the Russian state. The methodological base of the article contains the up-to-date achievements of epistemology. The author uses general philosophical, theoretical methods. Corruption in the state bodies favours the development of organized crime, creates conditions for the development of hotbeds of extremism and terrorism, threatens the realization of national projects, undermines all state legal reforms which are being held in Russia. These and other problems make it necessary to create administrative and legal mechanism of combating corruption in the work of public servants, and to establish the institute of administrative justice.