Kurakin A.V., Kostennikov M.V., Saidov Z.A. —
The questions of administrative-legal regulation of migration
// Administrative and municipal law. – 2020. – ¹ 2.
– P. 39 - 52.
DOI: 10.7256/2454-0595.2020.2.32375
URL: https://en.e-notabene.ru/ammag/article_32375.html
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Abstract: This article explores the issues of legal regulation of migration processes, with attention paid to the fact that this issue carries a global character, since migration determines social and economic development of the country. Its various segments are highlighted which are logically interconnected and form a uniform migration process. The social and economic significance of migration and importance of legal regulation of such relations is proved. The article substantiates the thesis that the efficiency of legal regulation of migration relations is predefined by the quality of management in this sphere. The need is justified for a more flexible order of regulation of migration relations, and proposals are made on development of internal migration process. Attention is turned to the practical functionality of the principles of administrative-legal regulation of migration relations. The authors underline the causes preventing the intensification of the internal migration process, as well as substantiate the importance of the principles that constitute the the system of legal influence; thereupon, the work defines the system of principles of migration regulation.
Kostennikov M.V., Maksimov S.N. —
Principles of economic safety ensuring in administrative law
// NB: Administrative Law and Administration Practice. – 2016. – ¹ 2.
– P. 21 - 29.
DOI: 10.7256/2306-9945.2016.2.18754
URL: https://en.e-notabene.ru/al/article_18754.html
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Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of economic safety. The authors analyze the concepts of legal regulation of economic relations from the position of administrative-legal regulation of their safety ensuring. The paper demonstrates the authors’ positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations’ safety. The authors analyze the concepts of development of law and economics in the modern situation. The paper shows the authors’ positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The authors state that it is necessary to develop administrative-legal regulation of economic safety. The paper contains the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of Russia’s economy.
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P. —
On the issue of classification of administrative and preventive measures
// Administrative and municipal law. – 2015. – ¹ 9.
– P. 913 - 920.
DOI: 10.7256/2454-0595.2015.9.15782
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Abstract: The article focuses on the problems of legal and organizational measures of administrative and legal regulation of administrative offences prevention. The authors analyze the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The article demonstrates the authors' position on the notion of administrative-legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article demonstrates the authors' position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (the statistical methods, expert evaluation, etc.).The authors conclude that currently in order to provide the rule of law in the ambit of administrative law it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors is the statement of the need for the development of administrative-legal regulation of administrative offences prevention. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity and the creation of legal and institutional guarantees of legality in our country.
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P. —
On the issue of personal traits of a subject of an administrative offence
// Administrative and municipal law. – 2015. – ¹ 8.
– P. 830 - 837.
DOI: 10.7256/2454-0595.2015.8.15794
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Abstract: The subject of the research is a range of legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions on the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia.
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P. —
Reasons for and conditions of administrative offences (delicts)
// Administrative and municipal law. – 2015. – ¹ 7.
– P. 676 - 683.
DOI: 10.7256/2454-0595.2015.7.15821
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Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The authors carry out the theoretical and legal analysis of the existing concepts regulating this process. The article presents the authors’ attitudes towards the notion of administrative-legal prevention of offences and ascertainment of personal and professional traits of the subject of administrative delict. The main attention of the authors is paid to the development of methods and methodology of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The article provides the authors’ attitudes towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The authors conclude that at present in order to provide nomocracy in the sphere of application of administrative legislation it is necessary to enhance the forms and methods of ascertainment of reasons and conditions of administrative offences. The main contribution of the authors is the statement about the need for the development of administrative-legal regulation of revelation of the potential subjects of administrative delicts. The novelty of the research lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities and to create the legal and organizational guarantees of legality in Russia.
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P. —
Forecasting of administrative delinquency and evaluation of its effectiveness in the police activities
// Administrative and municipal law. – 2015. – ¹ 5.
– P. 473 - 481.
DOI: 10.7256/2454-0595.2015.5.14999
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Abstract: The article focuses on legal and organizational problems related to forecasting of administrative delinquency and evaluation of its effectiveness in the police activities. The object of the article is the range of social relations associated with the forecasting of administrative delinquency. The authors consider the components of the mechanism of forecasting of administrative delinquency and make the proposals for improvement of its effectiveness in the activities of the police. The main attention is paid to the development of the criteria of administrative delinquency forecasting efficiency.
The methodology of the research is based on the modern achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical methods, expert evaluations, etc.). In the result of the study of administrative delinquency in the police activities the authors conclude that the abovementioned sphere of internal affairs is not efficient enough. In this regard, at present it is important to develop the legal base for the police activities in the sphere of forecasting of administrative delinquency. The main contribution of the authors is the attention paid to this problem. The novelty of the research lies in the development of the instruments of administrative delinquency forecasting.
Kurakin A.V., Kostennikov M.V., Badulin A.D., Tregubova E.V., Kareeva-Popelkovskaya K.A. —
Problems of administrative responsibility application in cases of violation of legislation in the sphere of state regulation of spirituous and alcohol-containing production
// Administrative and municipal law. – 2015. – ¹ 3.
– P. 275 - 282.
DOI: 10.7256/2454-0595.2015.3.13849
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Abstract: The subject of the research is the complex of problems of a scientific and practical character connected with the application of measures of administrative responsibility for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The object of the research includes public relations appearing in the process of administrative measures application for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The authors pay special attention to the content and the principles of administrative responsibility in the sphere in question and formulate the suggestions about the enhancement of its realization. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the theoretical and the general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal logical) and the methods used in special sociological research (the statistical method, expert evaluations, etc). The article explains the necessity of extension of protective effect of administrative responsibility measures applied for the violation of order of production and distribution of ethyl alcohol, spirituous and alcohol-containing production, reveals the material and procedural components of administrative responsibility in this sphere. The study theoretically substantiates and reveals the mechanism of administrative measures realization in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. Moreover, the authors come to the conclusion about the necessity of inclusion of licence abolition as an administrative punishment for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production.
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P. —
On the issue of the reasons and the conditions of administrative delicts
// Administrative and municipal law. – 2015. – ¹ 2.
– P. 152 - 159.
DOI: 10.7256/2454-0595.2015.2.14281
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Abstract: 1. The subject of the article includes legal and organizational problems of revelation of causes and conditions of administrative delicts. The object of the article is a range of public relations in the sphere of prevention and prophylaxis of administrative offences. The authors pay special attention to the forms and methods of activities of state power and administration bodies aimed at the prevention of administrative offences. Special attention is paid to the theory of this problem; the article formulates the proposals about the improvement of the legislation in the sphere of administrative offences. Also, special attention is concentrated on the logical connection of administrative offences and criminal delicts. 2. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in specific sociological researches. 3. The main conclusions of the research relate to the improvement of the legislation on administrative offences. The originality of this paper consists in the fact that it presents a comprehensive evaluation of public authorities' activities in the sphere of offences prevention; substantiates the use of the system approach in the sphere of crimes and administrative offences prevention. The specific contribution of the article consists in the conclusion that the achievement of significant results in provision of the rule of law and protection of the rights of citizens from various illegal encroachments is possible only on the basis of a complex approach to crime prevention.
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P. —
Legal regulation of the activities of the police in crime prevention in foreign countries
// Police activity. – 2015. – ¹ 1.
– P. 24 - 34.
DOI: 10.7256/2454-0692.2015.1.14255
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Abstract: The subject of the article contains the legal and organizational problems of the police activities on crime prevention in foreign countries. The object of the article is the circle of social relations connected with the prevention of administrative offences. The authors pay special attention to the forms and methods of activity of the police in prevention of administrative offences in foreign countries. Special attention is paid to the theoretical aspects of this problem. The methodology of the article is based on the modern achievements of epistemology. The authors used the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in the concrete sociological research. The main conclusions touch upon the improvement of the legislation on administrative offences. The novelty of this paper lies in the fact that it carried out a comprehensive assessment of the activities of the police in the prevention of various offenses and justified the system approach which is appropriate to use in combating crimes and administrative offences. The specific contribution of the article is that it's made the conclusion that a significant result in ensuring the rule of law and the protection of citizens' rights from various illegal encroachments can be achieved only on the basis of an integrated approach to crime prevention.
Kurakin A.V., Kostennikov M.V. —
// Administrative and municipal law. – 2014. – ¹ 3.
– P. 294 - 298.
DOI: 10.7256/2454-0595.2014.3.11252
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Kostennikov M.V. —
// Police activity. – 2014. – ¹ 3.
– P. 301 - 309.
DOI: 10.7256/2454-0692.2014.3.12361
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Kurakin A.V., Kostennikov M.V., Kareeva-Popelkovskaya K.A. —
// Administrative and municipal law. – 2014. – ¹ 2.
– P. 141 - 157.
DOI: 10.7256/2454-0595.2014.2.10640
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Kurakin A.V., Kostennikov M.V., Obydenov V.V. —
// Police activity. – 2014. – ¹ 2.
– P. 179 - 190.
DOI: 10.7256/2454-0692.2014.2.11172
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Kurakin A.V., Kostennikov M.V., Tregubova E.V. —
// Law and Politics. – 2013. – ¹ 13.
– P. 1804 - 1812.
DOI: 10.7256/2454-0706.2013.13.9865
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Kurakin A.V., Kostennikov M.V., Tregubova E.V. —
// Law and Politics. – 2013. – ¹ 13.
– P. 1804 - 1812.
DOI: 10.7256/2454-0706.2013.13.42342
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Kostennikov M.V., Trofimov O.E. —
// Police activity. – 2013. – ¹ 6.
– P. 402 - 412.
DOI: 10.7256/2454-0692.2013.6.10393
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Kurakin A.V., Kostennikov M.V. —
Administrative process and its implementation in police activities.
// Police and Investigative Activity. – 2013. – ¹ 4.
– P. 1 - 44.
DOI: 10.7256/2306-4218.2013.4.9250
URL: https://en.e-notabene.ru/pm/article_9250.html
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Abstract: In this article based upon the scientific experience the author views the construction of administrative process. It is noted in the article that currently the administrative process is more than just a combination of administrative procedures, its contents should include administrative procedures and regulations. Administrative process is an integral part of legal process and they relate to each other as a part and a whole. Administrative procedural norms may be established both at the federal and the regional levels. The modern administrative process includes administrative jurisdiction process, positive administrative process, including various positiv procedures (proceedings) and regulations. Administrative procedures are actively introduced both into the economic and law-enforcement activities It is noted that administrative regulation as a complex normative document may establish the procedure for interaction among the structural divisions of federal executive bodies and state non-budgetary foundations or their officials. The authors also provide a classification of administrative regulations.
Kostennikov M.V., Trofimov O.E. —
// Police activity. – 2013. – ¹ 4.
– P. 276 - 288.
DOI: 10.7256/2454-0692.2013.4.9437
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Kurakin A.V., Kostennikov M.V. —
// Police activity. – 2013. – ¹ 3.
– P. 1 - 1.
DOI: 10.7256/2454-0692.2013.3.8995
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