Bylinin I.A. —
Control (supervision) of road safety in the paradigm of the ongoing administrative reform
// NB: Administrative Law and Administration Practice. – 2022. – ¹ 2.
– P. 26 - 37.
DOI: 10.7256/2306-9945.2022.2.37813
URL: https://en.e-notabene.ru/al/article_37813.html
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Abstract: The subject of the study is the normative legal acts regulating the activities of state authorities for the control (supervision) of road safety, law enforcement practice, the study of author's points of view on improving control and supervisory activities.
The object of the study is the social relations arising during the control (supervision) of citizens and organizations engaged in activities in terms of compliance with mandatory requirements in the field of road safety.The purpose of the study is to improve legislation in the field of state control (supervision) by state authorities, to prevent, detect and suppress violations of mandatory requirements, through the prevention of violations, assessment of compliance by citizens and organizations with mandatory requirements, identification of their violations, as well as taking measures to curb the identified violations of mandatory requirements.
 The scientific novelty of the article consists in the proposal of additions and amendments to the current legislation on state control (supervision) and the presentation of Article 2 of Federal Law No. 248 -FZ "State Control (Supervision) and municipal Control" in an amended version. The amendments will make the mechanism of state control (supervision) of persons carrying out activities in accordance with the requirements more transparent and accessible in terms of pre-trial appeal. The controlled person should have the right to choose to file a complaint.
The study used universal dialectical, logical, formal-legal, comparative analysis, hermeneutic methods.
Bylinin I.A. —
On the oversight activity with regards to carpooling and exercising federal state supervision in the area of road safety to its participants
// NB: Administrative Law and Administration Practice. – 2021. – ¹ 2.
– P. 18 - 25.
DOI: 10.7256/2306-9945.2021.2.35692
URL: https://en.e-notabene.ru/al/article_35692.html
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Abstract: The subject of this research is the normative legal acts that regulate responsibility for nonobservance of mandatory requirements on ensuring road safety in the context of using online services for joint trips (carpooling), law enforcement practice, and consideration of the author’s perspective on the improvement of carpooling. The object of this research is the public relations that emerge while using online services for joint trips that involve personal vehicles with partial compensation for driver’s expenses (carpooling). The goal of this article is to improve legislation in the area of state oversight over the activity of individuals operating vehicle for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or a charter contract. The scientific novelty lies in proposing amendments to the current legislation in the sphere of exercising state supervision of ensuring road safety and interpretation of the Article 20 of the Federal Law No.196-FZ “On The Road Safety” in a new revision. The introduced changes would allow state supervision of the individuals operating vehicles for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or charter contract. The adopted measures may contribute to elimination of factors that lead to commission of administrative offenses.
Bylinin I.A. —
To the question of administrative legal regulation of carsharing and implementation of the federal state monitoring in the area of ensuring road traffic safety to the parties involved
// NB: Administrative Law and Administration Practice. – 2020. – ¹ 3.
– P. 17 - 27.
DOI: 10.7256/2306-9945.2020.3.33883
URL: https://en.e-notabene.ru/al/article_33883.html
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Abstract: The subject of this research is the normative legal acts that regulating responsibility for failure to comply with statutory requirements on ensuring road traffic safety in the context of short-term car rentals, law enforcement practice, statistical analysis of traffic accidents involving the vehicles provided by carsharing companies, as well as terms for their provision. The object of this research is the social relations emerging in the context of short-term car rentals owned by legal entities and individual entrepreneurs. The goal of this work consist in the attempt to improve the administrative legislation on bringing to responsibility legal entities and individual entrepreneurs who provide short-term rental services to citizens. The scientific novelty lies in legal regulation of the definition of “carsharing” on the level of federal legislation, as well as in amendments to the terms of the contract that would eliminate inconsistency of case law with regards to civil law relations and bringing to administrative responsibility of the persons who fail to comply with statutory requirements on ensuring road traffic safety. The proposed by the author concept of “carsharing” would allow imposition of obligations upon the leaseholders on compliance with road traffic safety requirements placed on the legal entities and individual entrepreneurs while operating a vehicle in accordance with the Federal Law No. 196-FZ of 12.10.1995 "On Road Traffic Safety".
Bylinin I.A. —
On the Question about the Legal Regulation of the Administrative Status of Physical Entities Who Use Individual Electric Motor Vehicles Unfit for Public Road Traffic
// NB: Administrative Law and Administration Practice. – 2019. – ¹ 5.
– P. 15 - 20.
DOI: 10.7256/2306-9945.2019.5.30756
URL: https://en.e-notabene.ru/al/article_30756.html
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Abstract: The subject of the research is the legal acts that regulate the use of individual electric motor vehicles that are unfit for public road traffic, relevant law-enforcement practice and analysis of particular cases of road traffic accidents that involved individuals with electric motor vehicles as well as technical specification of such vehicles. In his research Bylinin analyzes social relations between state authorities and individuals using electric motor vehicles unfit for public road traffic. In the course of his research Bylinin hasx used dialectical analysis methods that rae used to analyze social and legal phenomena as well as general and specific research methods such as system-structured analysis, logical legal analysis, comparative law method, statistical analysis, sociological and others. The main result of the research is that the author has clarified the system of legal regulation of the administrative status (rights and responsibilities) of individuals who use electric motor vehicles unfit for public road traffic (Segways, unicycles, hoverboards, and the like).