Lomov I.S. —
The problems of state registration of amusement parks in the Russia and the implementation of control (supervision) over the activities of their operators
// Legal Studies. – 2024. – ¹ 10.
– P. 66 - 77.
DOI: 10.25136/2409-7136.2024.10.71834
URL: https://en.e-notabene.ru/lr/article_71834.html
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Abstract: Providing entertainment services to the public is an integral part of the general economic activity of entrepreneurship and business in the Russian Federation. The use of attractions for such purposes is a sought-after and profitable occupation, although it is fraught with high danger and risks. Since the early 2000s, the number of individual entrepreneurs and legal entities operating amusement rides has been growing in the Russian Federation, along with the growing number of consumers of such services, the vast majority of whom are incapacitated children. Every year, thousands of attractions of various types are operated throughout the Russian Federation, located outside and inside the premises, on water and land, having a mechanized and non-mechanized type of operation. The main problem is the legality of their work in terms of compliance by operators with all available safety requirements. Unfortunately, cases of various failures in the operation of attractions related to the negligence of those responsible for their safe operation and technical malfunctions are not uncommon, and have serious consequences for the life and health of entertaining visitors. The Government of the Russian Federation, realizing the importance of regulatory legal regulation of this area, has been developing a whole layer of legislation since 2016. Our research is designed to describe and identify the problems of two main areas of such regulation: state registration of attractions and control (supervision) over the activities of individual entrepreneurs and legal entities operating attractions. The main objective of the study is to make proposals on changing the current legislation governing the safe operation of attractions. The scientific novelty lies in the fact that the study offers the legislator ways to solve the accumulated regulatory problems related to the work of the State Technical Supervision bodies of the Russian Federation as a public authority exercising control (supervision) and state registration of attractions. Such proposals are unique in the scientific community and have not been described before by the authors of the research, since the regulatory sphere of public regulation of the safe operation of attractions is extremely young and requires further normative development.
Lomov I.S. —
Features of the implementation of control (supervisory) activities in the field of the technical condition of self-propelled machines and other types of equipment by the State Technical Supervision bodies of the Russian Federation
// Administrative and municipal law. – 2024. – ¹ 3.
– P. 30 - 44.
DOI: 10.7256/2454-0595.2024.3.69812
URL: https://en.e-notabene.ru/ammag/article_69812.html
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Abstract: The year 2024 is a natural continuation of the reform of control (supervisory) activities, which began in 2020 in the Russian Federation. The concept of improving control (supervision) activities adopted by the Ministry of Economic Development until 2026 defined the final "philosophy" of control (supervision). It immediately became clear that the implementation of certain control (supervisory) functions is not possible without the reform of the activities of individual executive authorities performing these functions. The subject of our research is the specifics of the control (supervisory) activities of the State Technical Supervision bodies of the Russian Federation in 2024 under the conditions of the moratorium and the development of the concept of improving control (supervisory) activities until 2026. Our article aims to propose approaches that allow for the integration of supervision of self-propelled vehicles into a new reality aimed at reducing the pressure of the state, as a power machine, on economic entities. In addition, the subject of the study also includes the definition of generally applicable signs, tasks and principles of control (supervision). The definition of similarities and differences between the concepts of "control" and "supervision" does not remain without attention of the author. The scientific novelty of the study lies in the proposed ways to change the current activities of Gostekhnadzor bodies related to the implementation of control (supervision) in the field of the technical condition of self-propelled machines and other types of equipment, namely, amendments to the current legislation of the Russian Federation regulating this area. An important conclusion of the study should be the identification of the inapplicability of a risk-based approach to all types of control (supervision).
In addition, we propose a structure of general requirements for the organization and supervision of self-propelled vehicles, as well as a change in the current version of Article 9.3 of the Administrative Code of the Russian Federation, corresponding to new realities and allowing, within the framework of a "permanent raid", to bring to administrative responsibility drivers of self-propelled vehicles that violate mandatory requirements in the field of their technical condition.
Lomov I.S. —
Actual Problems of Execution of Administrative Deprivation of the Right to Drive Vehicles on the Example of Interaction of Traffic Police and Gostechnadzor Bodies of Russian Federation
// Legal Studies. – 2023. – ¹ 4.
– P. 24 - 34.
DOI: 10.25136/2409-7136.2023.4.39863
URL: https://en.e-notabene.ru/lr/article_39863.html
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Abstract: Our article is designed to identify the actual problems of the execution of administrative punishment in the form of deprivation of the right to drive vehicles of all kinds on the example of the interaction of traffic police and Gostekhnadzor bodies in the Russian Federation and propose their solution. The relevance of our topic is related to the annual increase in the number of registered vehicles in the Russian Federation, for the management of which more and more certificates are issued. At the same time, being an unconditional source of increased danger, the vehicle and the person driving it on the basis of the right granted by the state always bear the risk of harm to health, human life, the environment, property, which naturally can lead to violation of the foundations of the constitutional order, morality, rights and legitimate interests of people. The main objective of our article is to determine the theoretical foundations of the state's activities to endow subjects of administrative and legal relations with the right to drive vehicles, as well as to consider the reasons for the ineffectiveness of interaction between traffic police and Gostekhnadzor bodies in the Russian Federation for the execution of administrative punishment in the form of deprivation of the right to drive vehicles. The uniqueness of the work and its scientific novelty lies in the fact that compliance with the provisions of the Code of the Russian Federation on the execution of administrative punishment in the form of deprivation of the right to drive vehicles is proposed to be achieved by introducing into practice the activities of the traffic police and Gostechnadzor bodies in the Russian Federation, the practical experience of interaction between the inspection of Gostechnadzor of the Kursk region with the territorial divisions of the traffic police of the Kursk region, which has already been implemented for two years areas.