Suponina E.A., Dolgikh I.P. —
Petty crime: quo vadis?
// Legal Studies. – 2020. – ¹ 2.
– P. 20 - 29.
DOI: 10.25136/2409-7136.2020.2.31812
URL: https://en.e-notabene.ru/lr/article_31812.html
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Abstract: The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.
Suponina E.A., Markevich A.S. —
On the prospects of compulsory community service as a form of administrative punishment
// Legal Studies. – 2017. – ¹ 1.
– P. 91 - 97.
DOI: 10.7256/2409-7136.2017.1.19035
URL: https://en.e-notabene.ru/lr/article_19035.html
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Abstract: The article contains the analysis of the legal nature and the specificity of compulsory community service as an element of the administrative punishment system; the mechanism of implementation of this form of administrative punishment; the prospects of its optimization and the problems of its correlation with administrative arrest. The research subject includes the provisions of administrative tort law regulating the content, reasons and procedure of use of compulsory community service as a punishment; the activities of specialized bodies aimed at its implementation and the statistical and empirical data on this issue. The authors apply modern achievements in epistemology and administrative tort law. The research methodology is based on general scientific and specific research methods. The authors use the historical, statistical, sociological, comparative-legal, formal-logical, system-structural and other research methods and the method of expert assessment. The scientific novelty of the study consists in its subject – the establishment and application of such a comparatively new for Russian legislation form of punishment as compulsory community service. The authors assess the possibility to extend the scope of compulsory community service on persons of no fixed abode and permanent source of income.
Suponina E.A. —
The Question of the Protection of Confidential Information in Cases of Administrative Offences Committed by Minors
// Police and Investigative Activity. – 2016. – ¹ 4.
– P. 1 - 8.
DOI: 10.7256/2409-7810.2016.4.19535
URL: https://en.e-notabene.ru/pm/article_19535.html
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Abstract: The subject of the research is the issues of implementing the rights of minors to information and information protection when considering cases on administrative offences to the competent bodies. The purpose of the research is a theoretical and applied analysis and justification of the ways of efficiency of forms and methods of fight against violations of information rights of minors in the process of proceedings on affairs about administrative offences of minors, primarily at the stage of consideration of such cases. The object of the research is a set of social relations arising in the process of creation, distribution and consumption of information directly related to the guarantees of rights of minors to informatin as an essential fact of their reality. The methodological basis of the research involves dialectical research method, hiostorical, systems, and complex analysis as well as special research methods such as historical, logical, systems, structural-functional, comparative-legal, formal-dogmatic, etc. Application of various methods and their combinations has allowed to understand and reveal the subject of the research. In the course of the research the author has used provisions of the general throgy of the human rights, social management systems, generally accepted standards of international law, provisions of the theory of law and state, civil, criminal, administrative law and other legal sciences. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the author discusses the problems of information security in proceedings on minors' administrative offences run by internal affairs bodies and bodies dealing with Departments of Internal Affairs in the process of solving mutually set goals based on the analysis of the applicable legislation of the Russian Federation in the sphere of information protection. Based on the analysis of standard regulations and law enforcement practice the author carries out a research of the information system used in administrative offences proceedings as well as classifies and describes different kinds of information constituting this sytem. The author of the article theoretically substantiates the main areas for improving the information protection system in the course of proceedings on administrative offences commited by minors and suggests certain amendments to the Administrative Offenses Code of the Russian Federation, information legislation, regulatory and legal framework regulating social relations in the sphere of protecting the rights and interests of minors as a special population category of our country.