Sultanov K.A. —
Features of consideration of cases on challenging the laws of the subjects of the Russian Federation on administrative offenses
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 4.
– P. 93 - 105.
DOI: 10.7256/2306-9945.2023.4.40631
URL: https://en.e-notabene.ru/al/article_40631.html
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Abstract: According to the Constitution of the Russian Federation, administrative and administrative procedural law are jointly administered by the Federation and its regions. The article, based on the analysis of the practice of consideration by courts of administrative cases on challenging normative legal acts adopted by legislative bodies of state power at the regional level, highlights the features of consideration, identifies problematic issues and prospects for the rule-making of state bodies of public authority of the subject of the Russian Federation. The laws of the constituent entities of the Russian Federation on administrative offenses are also joint issues of federal and regional legislative authorities. When appealing against such regulations, the courts are guided by both the Administrative Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The main conclusion of the study is that there is currently a judicial practice on challenging the laws of the regions of the Russian Federation on administrative offenses that contradict federal legislation. Despite detailed checks of the laws before adoption, the problem of the existence of illegitimate regional laws remains relevant. Specific examples are given on the adoption of regional acts on administrative offenses with exceeding the powers of a subject of the Russian Federation. The novelty of the research lies in the assessment of the current state of legislation and judicial practice of its implementation. The author's special contribution to the research of the topic is to identify ways to further improve and prospects for the development of the procedure for adopting and challenging regional laws on administrative offenses. The practical significance of the research lies in the development of scientifically-based proposals for additional in-depth understanding and development of legal relations in the field of rulemaking at the regional level, including from the point of view of judicial norm control.
Sultanov K.A., Ustinov P.V. —
Topical Issues of Improving the Legislation of the Russian Federation Constituents on Administrative Responsibility
// Administrative and municipal law. – 2018. – ¹ 10.
– P. 29 - 34.
DOI: 10.7256/2454-0595.2018.10.27499
URL: https://en.e-notabene.ru/ammag/article_27499.html
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Abstract: The authors of the article analyze topical issues and the role of internal affairs bodies in the implementation of the legislation of the Russian Federation constituents on administrative offences. The authors analyze the most recent changes in the federal legal acts and regional acts that regulate the procedure of instituting administrative action based on the Russian Federation constituents' laws. The authors offer particular recommendations that would allow to eliminate the issues caused by the treaties of transfer of authority to police officers to initiate proceedings on adminitrative offences based on the regional laws. The methodology of the research implies a combination of the most commonly used research methods and techniques such as synthesis and analysis of applicable laws, formal law method, and structured logical statement. The main conclusion of the research is that there are certain administrative laws of the Russian Federation constituents that contradict to the federal law. The authors provides particular examples when regional administrative acts are issued with the excess of jurisdiction of the Russian Federation constituent. The novelty of the research is caused by the authors' evaluation of the current state of legislation and its practical implementation. The authors' contribution to the topic is the fact that they define areas of improvement and prospects of the development of regional laws on administrative offences taking into account the Federal Law No. 247 about the need in treates between regional authorities and the Ministry of Internal Affairs of Russia on the transfer of authority. The practical importance of the research is caused by the fact that the authors give scientifically grounded recommendations on how to create draft treaties as part of the police execution of the regional legislation.
Sultanov K.A., Abasov M.M. —
Administrative Responsibility for Violations in the Field of the Counterfeit Alcohol Turnover under the Legislation of the Russian Federation Constituents
// Administrative and municipal law. – 2018. – ¹ 2.
– P. 19 - 24.
DOI: 10.7256/2454-0595.2018.2.25864
URL: https://en.e-notabene.ru/ammag/article_25864.html
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Abstract: The authors of this research focus on oustanding issues of the Russian Federation laws on administrative offences in the field of counterfeit alcohol turnover. They analyze the main contradictions between federal and regional laws on administrative offences and offer recommendations to eliminate these. The authors analyze recent changes and amendments to federal and regional laws that regulate the procedure for bringing to administrative responsibility in the field of alcohol turnover as well as activity of regional authorities and local authorities aimed at elimination of administrative responsibility. The make recommendations on how to improve administrative laws of the Russian Federation constituents. The methodology of the research implies a combination of the most commonly used research methods and techniques including analysis and synthesis, formal law method, structured logic representation of the material, and comparative law analysis. The main conclusion of the research is that there are administrative laws of the Russian Federation constituents that contradict to federal laws and regulations. Despite detailed analysis of laws before issuing them, the problem of illegitimate regional laws remains. The authors provide particular examples when regional administrative laws were adopted exceeding the limits of the Russian Federation constituent's authority. The novelty of the research is caused by the fact that the authors evaluate the current state of law and implementation practice. The authors' special contribution to the topic is their description of areas of improvement and development prospects of the process of regional administrative laws adoption. The practical importance of the research is caused by the fact that the authors provide scientifically proved recommendations regarding development of the regional administrative law.
Sultanov K.A., Krasnoglazov A.Y. —
Peculiarities of police officers’ appeal against a court decision due to the leniency of administrative punishment
// Administrative and municipal law. – 2017. – ¹ 7.
– P. 17 - 24.
DOI: 10.7256/2454-0595.2017.7.22390
URL: https://en.e-notabene.ru/ammag/article_22390.html
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Abstract: The research subject is the issues of police officers’ appeal against court decisions on administrative cases due to the leniency of imposed administrative punishment. The research object is the certain stage of administrative proceedings - appeal against court decisions. The authors study the modern principles and normative framework of the procedure of appeal against court decisions by police officers. Special attention is given to the procedure of appeal against decisions at the municipal level. The authors describe the cases when police officers have the right to appeal against court decisions if the imposed punishment is a fine. The authors formulate particular recommendations for execution of procedural documents for the commitment for trial. The research methodology includes the set of the most commonly used methods and research techniques including analysis and synthesis of the legislation on the problem in question, the formal-legal method, structural and logical narration of the cases under study, comparative-legal research. The authors conclude that it is legally acceptable if police officers appeal against court decisions due to the leniency of the imposed punishment. The authors give particular recommendations for the execution of procedural documents for commitment for trial for the purpose of imposition of a more severe punishment. The scientific novelty of the study consists in the assessment of the present condition of legislation and the practice of its implementation in appeals against court decisions. The particular contribution of the authors is the elaboration of the ways of further improvement and the prospects of development of the procedure of appeal against court decisions by police officers without the involvement of the procuracy authorities. The practical importance of the study consists in the elaboration of scientifically grounded recommendations for the execution of documents for commitment for trial, specification of a subject and a reason for appeal.
Sultanov K.A. —
Issues of initiation of administrative investigation into an unidentified person
// NB: Administrative Law and Administration Practice. – 2017. – ¹ 3.
– P. 57 - 63.
DOI: 10.7256/2306-9945.2017.3.22411
URL: https://en.e-notabene.ru/al/article_22411.html
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Abstract: The research subject is the ussies of initiation of administrative investigation into an unidentified person. The research object is administrative investigation as a stage of administrative proceedings. The author studies the normative framework and draft laws regulating investigation into unidentified persons. Special attention is given to the procedure of initiation of administrative investigation in territorial bodies of the Ministry of Internal Affairs. The author describes the cases when it is impossible to initiate investigation into an unidentified person. The author formulates particular recommendations for the formation of a unified law enforcement practice of administrative proceedings in territorial bodies of the Ministry of Internal Affairs. The research methodology is determined by the set of the most commonly used research methods including analysis and synthesis of legislation about the topic under study, the formal-legal method, structural-logical exposition of the material, comparative-legal method. The author concludes about the illegitimacy of initiation of administrative investigation into an unidentified person in a similar way to criminal proceedings. The author specifies particular recommendations for the formation of single law-enforcement practice of administrative proceedings in territorial bodies of the Ministry of Internal Affairs. The scientific novelty of the study consists in the assessment of the current condition of legislation on administrative investigation. A special author’s contribution is the definition of ways of further improvement and the prospects of development of the procedure of initiation of investigation in particular persons. The practical significance of the study consists in elaboration of scientifically grounded proposals about elimination of violations of the procedure of imposition of administrative sanctions.