Kulesh E.A., Likholet E.N. —
To the question of prospects for creation and functionality of municipal branches of protection of public order
// Administrative and municipal law. – 2020. – ¹ 1.
– P. 37 - 45.
DOI: 10.7256/2454-0595.2020.1.30643
URL: https://en.e-notabene.ru/ammag/article_30643.html
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Abstract: The subject of this article is the current legislation of the Russian Federation pertaining to establishment and potential implementation of the norms on the functions of protection of public order by the municipal authorities. Based on the conducted analysis, the authors determine problematic issues in legal regulation of application of these norms, explore foreign experience in the sphere of protection of public order, and consider the prospects for application of this experience in the Russian Federation. The main conclusions of the study consist in proposals on creation of an independent institution of municipal police, prospects for further work within the framework of development of the project of Federal Law “On Municipal Police in the Russian Federation”, taking into account delineation of authority of municipal police and the centralized apparatus of police sub-branches of internal affairs departments; complete transfer of the police patrol functions to the municipal authorities on protection of public order; formation of the mechanism of interaction between the internal affairs authorities and municipal police. The original conclusions made in this research are aimed at helping in preparation of the normative legal framework pertaining to legal position and organization of the work of municipal authorities on protection of public order, as well as formation of the mechanism of interaction between the internal affairs authorities and municipal police.
Kulesh E.A., Likholet E.N. —
Concerning the Question about Reformation of the State Management in the Sphere of Migration
// Administrative and municipal law. – 2018. – ¹ 1.
– P. 23 - 29.
DOI: 10.7256/2454-0595.2018.1.24831
URL: https://en.e-notabene.ru/ammag/article_24831.html
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Abstract: The subject of the research is the legal acts of different legal power that regulate the grounds and extent of competences assigned to migration subdivisions as part of internal affairs authorities of th eRussian Federation. The authors of the article also share their opinion regarding the entire internal affairs system of the Russian Federation. The authors view the subject matter from the point of view of the legal regulation of migration subdivisions' competences taking into account the current internal affairs system of the Russian Federation, analyze opportunities and efficiency of their implementation at the stage of reformation of Russia's Ministry of Internal Affairs structure. The research is based on the analysis of the history of migration authorities developent, applicable legal acts and regulations, their comparison, discovery and description of certain problems that may arise in the process of legal regulation of competences of the aforesaid subdivisions created and functioning at different territorial levels of the internal affairs bodies of the Russian Federation. The main results of the research include description of special competences of migration subdivisions at different levels of state management, particlarities of the legal regulation of their competences and activity arrangement, problems the Ministry of Internal Affairs faces and their solutions. The novelty of the research is caused by the fact that so far there have been no integral researches of the legal regulation of powers and migration subdivisions' activity arrangement under the conditions of reformation of Russia's Ministry of Internal Affairs structure. Conclusions made by the authors may be applied for improving the legal basis that regulates the legal position and migration subdivisions' activity arrangement at internal affairs bodies of the Russian Federation.
Kulesh E.A. —
Legal framework of the institution of “undesirable residence” of foreign nationals in the Russian Federation in the context of the internal affairs bodies system reforming
// Administrative and municipal law. – 2017. – ¹ 1.
– P. 57 - 68.
DOI: 10.7256/2454-0595.2017.1.21505
URL: https://en.e-notabene.ru/ammag/article_21505.html
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Abstract: The research subject is the system of various statutory instruments regulating the possibility and legality of the internal affairs bodies’ decisions on the undesirability of residence of foreign nationals in the Russian Federation. The author considers the problem from the position of internal affairs bodies participation in the process of migration regulation and state security provision via control and supervision mechanisms in the considered sphere. The research is based on the analysis of the current Russian legislation, detection of its gaps, prognostication of the related problems and defining the directions of improvement of particular legal provisions in the considered context. The author, on the one hand, detects and systematizes the key statutory instruments in this sphere in respect of internal affairs bodies, and on the other hand, particularizes the existing legislative gaps. This issue hasn’t been studied in the context of internal affairs bodies’ activities so far.