Sizov I., Vasilenko G.N. —
Declaring as a part of a positive jurisdictional institutional administrative procedure school
// Administrative and municipal law. – 2016. – ¹ 3.
– P. 270 - 272.
DOI: 10.7256/2454-0595.2016.3.15712
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Abstract: Institutional approach in the study of administrative law annually requires particular novations due to the changes in the legislation and appearance of new research subjects. The authors of the article attempt to convince the colleagues of the necessity to consider the problem of including the institution of declaring in the course of administrative law. Declaring as an administrative institution had been forming in Russia sequentially during a long period of time, but has experienced qualitative changes only recently. Today it may safely be said that the institution of declaring has finally overcome the limits of the common intersectoral institution of tax and customs law, has acquired the qualities and features characterizing it as an independent administrative-legal institution. In the context of intensive development and updating of the legal matter of administrative law, the new forms and methods of legal research appear, certain administrative-legal institutions transform, thus acquiring a new role in the system of institutions of administrative law. Administrative legal institution of declaring is a set of administrative legal provisions, regulating social relations, appearing after informing of the authorities by physical and legal persons, in accordance with the procedure established by law, about their incomes, the incomes of third parties, about the correspondence of funds, possessions, and other material objects, belonging to them, or goods or services, produced by them, to the regulatory qualitative or (and) quantitative indexes, for the purpose of the intraeconomic and state control (supervision) in the fields of activity, defined by administrative legislation.
Sizov I. —
Directions of migration legislation improvement
// Administrative and municipal law. – 2016. – ¹ 1.
– P. 107 - 110.
DOI: 10.7256/2454-0595.2016.1.15567
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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.
Sizov I. —
Particular aspects of administrative liability for the violation of the rules of stay in the Russian Federation for foreign nationals and stateless persons
// Administrative and municipal law. – 2015. – ¹ 12.
– P. 1274 - 1276.
DOI: 10.7256/2454-0595.2015.12.15328
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Abstract: The article is devoted to the study of particular aspects of imposition of administrative liability on legal entities for the violation of migration legislation, aimed at its improvement and observation of rights and freedoms of foreign nationals on the territory of the Russian Federation. The author considers the issues of administrative liability for allocation of accommodation or transport, or for any other services to a foreign national or a stateless person, staying in the Russian Federation, out of the existing order or rules of transit through the territory. The author applies the method of comparative analysis and empirical and analytical materials provided by the officials of the Federal Migration Service of the Russian Federation. The author concludes that it is not important whether the premises are living or not according to the legislation; the only important is the fact that they had been used for living. If the examination shows that the premises had been used for living, e.g. reveals resting places, places for cooking or meal, then the allocation of such an accommodation will be considered as a ground for sanctions imposition.
Sizov I. —
Work patent for a foreign national
// Administrative and municipal law. – 2015. – ¹ 11.
– P. 1128 - 1130.
DOI: 10.7256/2454-0595.2015.11.15329
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Abstract: The article is devoted to the study of the procedure of obtaining of a work patent for a foreign national, its differences from a work permit, and certain problems of the transitional period. The author considers the issues of preparation, the procedure of obtaining of the Russian language certificate, the restrictions for foreign nationals employment under a patent, the differences between a work patent and a work permit; the author studies the new terminology in the sphere of labour migration presented in the Labour Code of the Russian Federation and the Federal Law No 115 “On the legal status of foreign citizens in the Russian Federation” of 25.07.2002. The author applies comparative analysis and studies the empirical and analytical materials provided by law enforcers. On January 1, 2015 the amendments to the Federal Law No 115 came into force, which had been adopted by the Federal Law No 357 “On the amendments to the Federal Law “On the legal status of foreign citizens in the Russian Federation” and certain legal acts of the Russian Federation” of 24.11.2014. Since January 1, 2015 the citizens of visa-free countries can work in the Russian Federation under the patents issued by the Federal Migration Service of the Russian Federation.