Egupov V.A., Loginov E.A. —
Peculiarities of Implementing the Measures of Administrative Proceedings in the Field of Customs Affairs
// NB: Administrative Law and Administration Practice. – 2019. – ¹ 2.
– P. 30 - 37.
DOI: 10.7256/2306-9945.2019.2.29041
URL: https://en.e-notabene.ru/al/article_29041.html
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Abstract: The subject of the research is the rules and regulations of administrative and customs law, theoretical and law-enforcement practice. The object of the research is the social relations arising in the sphere of implementing the measures of administrative proceedings in the field of customs affairs. The authors of the article describe the essence, meaning and peculiarities of imlementing such administrative measures as administrative detention, delivery, vehicle inspection, arrest of goods, temporary ban of activity and other measures. Moreover, the authors of the article demonstrate the correlation of measures of administrative proceedings. The methodology of the research includes the dialectical method, formal law, analytical, comparative law method and deduction. The novelty of the research is caused by the fact that the authors try to demonstrate peculiarities of activities undertaken by the customs authorities to implement the measure sof administrative proceedings under their jurisdiction. The main conclusions of the research are the following: 1. There is an acute need to develop practical recommendations on how to implement measures for the violation of customs law as well as to provide a better mechanism of their administrative regulation. 2. Essential drawback of the regulation of implementating administrative measures for the violation of customs rules is that Article 27 of the Code of the Russian Federation on Administrative Offences does not have an express reference to the appealability of a particular measure which is a limitation of individual's procedural rights.
Egupov V.A., Loginov E.A. —
Some Aspects of Legal Measures to Prevent Substance Abuse of Minors
// Police activity. – 2018. – ¹ 1.
– P. 39 - 45.
DOI: 10.7256/2454-0692.2018.1.26150
URL: https://en.e-notabene.ru/pdmag/article_26150.html
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Abstract: The subject of the research of the criminal law, administrative law and civil law provisions that serve as the legal measures to fight against drug abuse of the most vulnerable part of the society, the underaged. The object of the research is the social relations between law enforcement authorities, social organisations, minors and their legally authorized representatives that may arise in the field of prevention of drug and substance abuse of minors. The authors of the article underline the importance of not only legal measures of drug abuse prevention but also pedagogical measures that should be performed in combination with legal measures. Apart from coercive measures, such issues as persuasion measures and special training of officials are also growing important. The research methodology implies a combination of general and special research methods such as dialectical analysis, formal law, comparative law and content-analysis. The novelty of the research is caused by the fact that the authors have attempted to offer a number of rules for creating drug and substance abuse preventive programs for minors. In addition, the novelty of the research also lies in the authors' discussion about the need to apply all legal measures available, i.e. criminal law, administrative law and civil law measures. The authors prove that one should not focus on crimina law measures only and associated measures of official enforcement. The main conclusion of the research is that it is impossible to achieve the proper efficiency of drug abuse prevention, especially of minors, by using only legal enforcement and prohibitions.
Egupov V.A. —
Administrative liability for the citizens of the Russian Federation residing without a registration
// Administrative and municipal law. – 2016. – ¹ 4.
– P. 305 - 310.
DOI: 10.7256/2454-0595.2016.4.16990
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Abstract: The research object is the range of social relations in the sphere of residence registration of the citizens of the Russian Federation and administrative liability for the absence of the residence registration in the living accommodation. The research subject covers the provisions of the article 19.15.1 of the Code of Administrative Offences of the Russian Federation, and the provisions of the Constitution of the Russian Federation and the Federal Law of 25 June 1993 ¹ 5242-1 (version of 31 December 2014) “On the right of citizens of the Russian Federation to the freedom of movement and residence within the territory of the Russian Federation”. The leading research method is the dialectical approach together with the critical vision of the gaps and the drawbacks of the legislation in the sphere of registration, and the liability for its violation. The author offers to limit administrative liability for residing without a registration, and to impose it only on the potentially dangerous citizens of the Russian Federation. The residence registration and the liability for its absence should be abolished for law-abiding citizens. The necessity to have a residence registration for law-abiding citizens hampers the implementation of the right to the freedom of movement and residence. The residence registration should be obligatory for the citizens having a criminal record for intentional crimes, having asocial way of life, registered in narcological or psychoneurologic dispensaries, or other socially dangerous persons.
Egupov V.A. —
Registration as a form of restriction of the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence
// Police activity. – 2016. – ¹ 3.
– P. 281 - 285.
DOI: 10.7256/2454-0692.2016.3.17003
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Abstract: The research object is the range of social relations appearing in the sphere of registration of citizens of the Russian Federation. The research subject includes the provisions of the Constitution of the Russian Federation related to the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation and the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation” which, in the author’s opinion, restrict the abovementioned right. The purpose of this article is to define the essence and the social function of registration, to analyze administrative-legal regulation of registration as a government activity aimed at fixation and generalization of notifying information about the citizens for the purpose of ensuring the necessary conditions for exercising of rights and freedoms by the citizens and fulfilling their duties to other citizens, the state and the society, and clarifying the reasonability of registration as a form of the citizens’ constitutional rights to freedom of movement and choice of place of stay and residence restriction. The research methodology is based on the dialectical approach together with the critical analysis of the imperfections of the current legislation in the sphere of registration. Moreover, the author applies the comparative-legal and the formal-logical methods. The scientific novelty of the study consists in the attempt at a complex analysis of the provisions of the current legislation in the sphere of registration. The author concludes that registration in democratic states, which Russia according to its constitution belongs to, shouldn’t be a form of restriction of the right of law-abiding citizens to freedom of movement and choice of place of stay and residence within the country. A notifying character of registration should exclude administrative liability for the absence of registration for law-abiding citizens and at the same time it should oblige the persons of no fixed abode and the persons potentially dangerous for the society and the state to register at their place of stay without any delay. The control over the performance of this obligation should be carried out by the Federal Migration Service bodies and the internal affairs bodies.