Abstract: The institution of an “official” in the sphere of public administration has been drawing attention of scientists of various generations. The theoretical fundamental for the studies of the institution of “official” were brought forth in the scientific works of the state law scholars of late XIX and early XX centuries. The institution of “official” became the center of attention starting from 1990s. This period of time may be characterized with the intensive reforms of the institution of the public services and administrative delict legislation. This is the period when there are attempts to substantiate the need to develop the uniform interdisciplinary definition of an “official” and to find the ways to clarify its administrative legal contents. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Currently the Russian legislation on the public service is undergoing the process of its formation. In spite of the measures implemented in the late years, it still is not possible to achieve appropriate quality of legal regulation of the relations regarding public service. There are unresolved problems regarding the corruption in the sphere of public service, lack of modern methods for planning the works of state servants, etc.

Keywords: service, official, function, competence, person, corruption, public character, administration, law, obligation. Administrative and municipal law: business, economics, and finances.

Abstract: The article concerns topical problems of organization of agricultural trade in the condition of freedom of entrepreneurship within the framework of the historical aspect of the Russian reality in the 2nd half XIX — early XX centuries. The object of studies involves the process of purposeful influence of the state upon the relations in the sphere of trade in flax and hemp with the help of legal norms, as provided for in the legislative acts of the 2nd half XIX and early XX centuries, as well as the legal relations themselves. The chronological framework of the study involve the period starting from 1881 to 1913, as the time when the Great Bourgeois reforms were over and the free trade developed within the “freedom of trades” principle. At this period of time the Government of the Russian Empire has once again paid attention to the need for the public interference of the state into the flax and hemp trade in order to resolve the most acute of its problems. Analysis of normative legal acts and studies of the archive documents of the Russian Empire, which are brought by the author into the scientific turnover for the first time, have allowed to single out the historical specificities of the Russian mechanism of legal regulation of trade in flax and hemp. The author discusses its main agenda, among which the central place was held with the fight with the falsifying these goods, the author analyzed the measures aimed at the resolution of these problems and conclusions are made regarding their efficiency level.

Keywords: legal regulation, trade, flax, hemp, falsification, export, quality, price, supervision, seller, producer, intermediary, law, circular regulation.

Abstract: This article concerns the issues of definition of the term “public security”. This term is often mentioned in various normative legal acts of all levels, and also in the Constitution of the Russian Federation, however, the definition of this term was not legislatively provided for. So, on November 20, 2013 the President of the Russian Federation has approved the new Public Security Concept in the Russian Federation, and for the first time it did provide for the definition of the “public security”. However, this definition does not correspond to the pre-existing scientific views of it. Via the comparative legal analysis and historical retrospective the author studies the definition of the “public security” as provided for by the Public Security Concept in the Russian Federation. The scientific novelty is due to the fact that there is currently no comparative legal analysis of the definition of the term “public security”. The author makes a conclusion that the legislator correctly excludes some ambiguous formulations from the definition, and it allows to individualize the public security as a type of national security. Also, the legislative provisions for the definition of public security allows to make the provisions of normative legal acts more specific and to improve their further practical application.

Keywords: public security, Concept, Nizhny Novgorod region, national security, President of the Russian Federation, public order, administrative legal guarantees, administrative law, types of security, comparative legal analysis.

Abstract: The article is devoted to the topical aspects of defining place and role of the injunction measures in the cases regarding violations of the customs rules in the administrative jurisdiction activities of the customs bodies in the conditions of functioning of the Customs Union and integration of Russia into the Eurasian Economic Union. The author studies the legal fundamentals, definition, meaning, qualification, specific features, role of injunction measures in administrative jurisdiction activities of the customs bodies, as well as the procedural regulation. One of the directions of the lawenforcement activities of the customs bodies in Russia is fighting the administrative offences in the spheres of customs. According to the Art. 7 of the Customs Code of the Customs Union the customs bodies “administer administrative process (implement the proceedings) on administrative offence cases in the sphere of customs matters and bring persons to administrative responsibility in accordance with the legislation of the Member States of the Customs Union. Efficiency of proceedings on such cases much depends on application of injunctions, which are actively used by the customs bodies officials in the process of investigation of the administrative offences. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Currently Russia is the member of the Customs Union, and it actively pursues the path of economic integration in the Eurasian Economic Union, which was formed in May of 2014, optimizing the government bodies responsible for the economic functions of the state. The Federal Customs Service, being a federal executive government body holds one of the dominant positions within the system of guarantees of economic security of the state. According to the legislation it implements the functions on the development of the state policy and normative legal regulation in the sphere of guarantees of economic security of the state. In accordance with the legislation it implements the functions on development of the state policy and normative legal regulation in the sphere of customs, control and supervision in this sphere, fiscal and law-enforcement functions.

Keywords: customs, customs official, coercion, responsibility, control, influence, sanction, method, form, control.

Abstract: The author evaluates the issues of application of sanctions of confiscation of the means of commission or an object on administrative offence from persons, not being owners of such property. According to the opinion of the Constitutional Court of the Russian Federation, and the current legislators, who have amended the Administrative Offences Code of the Russian Federation, application of confiscation of means of commission or an object of an administrative offence as a punishment for the administrative offence from a person, who is not an owner of such an object, is not admissible. An exception is made only for the confiscation in the cases for the violation of the customs rules. When making a decision, the Court has studied a specific case, when the punishment was assigned according to one of the articles of the special part of the Administrative Offences Code of the Russian Federation providing for confiscation. At the same time, the court has made a conclusion that it is prohibited to apply confiscation in all of the norms of the Code providing for it (with an exception of the violations of the customs rules). The article contains analysis and comparison of the positions and substantiations of the Constitutional Court of the Russian Federation on the issues of application of confiscation for the administrative offences, as reflected in the decisions for the period between 1999 and 2011. The author also evaluates the positions of other authors on this issue. Via the systemic analysis of other norms of law the author provides his opinion on this issue. The author has studied judicial practice of the late years on the issues of confiscation applied by the courts as punishment for the administrative offences cases, including the practice on customs offences, where the confiscation of the object or means of commission of an administrative offence from an non-owner is acceptable. For the first time the author has studied the consequences of this decision upon the legal practice. Based upon the data provided by the Judicial Department of the Supreme Court of the Russian Federation it is noted that the application of confiscation by the courts in administrative offences cases has practically ceased, except for the cases on violations of the customs rules. Most of the confiscated goods is currently destroyed, due to the fact that such goods are prohibited or limited in their legal turnover. Another consequence of prohibition of confiscation from the non-owner became inequality between the offender being an owner or holder of the object or means of commission of an administrative offence. It is possible to confiscate an object or means of committing an offence, but one cannot apply the same measures to the mere holder of such an object or means. It is proposed to improve the interaction of the state government bodies regarding operative amendments in the legislation regarding the norms, which have been recognized as being unconstitutional by the Constitutional Court of the Russian Federation. There is a proposition for the Constitutional Court to actively use the right of legislative initiative in order to fill in the gaps in the abolished legal norms.

Keywords: confiscation, customs bodies, owner, holder, goods, abuse of right, administrative offence, protection of the property of an owner, means of committing an offence, object of an administrative offence.

Abstract: It is recognized in the modern administrative legal practice on payment of fines that there is a sixty-days period for the voluntary payment. However, this is not correct. In this article the authors pay attention to the periods when a person may voluntarily implement the decision, and the period when the decision is enforced by a competent official. As a general rule based upon part 1 of Art. 32.2 of the Administrative Offences Code of the Russian Federation there is a sixty-days period for the voluntary payment of the decision imposing fine in an administrative offence case. That is, there is need for a document proving payment of fine, as well as the information of its payment in the databases. At the same time, no one pays attention to Chapter 31 of the Administrative Offences Code of the Russian Federation directly providing that a decision on administrative offence case is obligatory for implementation from the moment, when it enters into force. It should be implemented by a judge, official body or an official, who has issued the relevant decision, and the decision should be sent for implementation within three days period, when it should be transferred to an official competent to implement it, and this requirement is not fully conformed to, so the principle of inevitability of punishment.

Keywords: implementation, proceedings, suspension, extension, period, administrative, offence, decision, body, competent.

Abstract: The principles play the foremost significant role in the implementation of the main provisions of the administrative responsibility institution. The problem of definition of principles of legal responsibility still does not have an uniform solution. The current Administrative Offences Code of the Russian Federation provided in its Art. 1.3 only for the objects of competence of the Russian Federation, and it had a negative impact upon the regional law-making activities and legal practice. Regarding the administrative responsibility both the general constitutional and special principles are applied. The authors use the main provisions of the general scientific dialectic method of scientific cognition, as well as systemic method, historical legal studies, comparative legal methods, and various techniques of formal logic Implementation of administrative punishments is based upon certain clearly established rules, which are called “principles” in the legal literature. Currently the practice of application of principles of administrative responsibility is based upon both the specific features of implementation of legal norms in a nation state, and attention to the global legal problems. Based upon the critical analysis of the modern condition of administrative delict legislation of the constituent subjects of the Russian Federation the authors substantiate propositions for the improvement of the legal regulation of responsibility principles.

Keywords: administrative offence, principles for establishing responsibility, administrative delict legislation, administrative responsibility, administrative delict policy, regional legislation, principle of succession, principle of efficiency, principle of legal certainty, principle of proportionality of punishment.

Abstract: The object of studies in this article involves legal responsibility of political public non-governmental organizations (NGOs) and types of responsibility of such organizations. The author analyzes the existing opinions in the sphere of application of certain types of responsibility of NGOs in the Russian legal doctrine. In this respect the authors distinguish positive and negative legal responsibility, providing brief characteristics of each sub-type of responsibility in certain situations, as well as viability of application of certain types of responsibility in certain situations. Methodology of studies is viewed from the standpoint of materialistic dialectics, the authors use general scientific cognition methods — system, generalization and analysis of scientific, normative and practical materials, methods of dialectic cognition. The scientific novelty of this article is due to the studies of the legal responsibility of political public NGOs within the framework of the modern Russian legislation, as well as the specific features of relations between the state and the subject involved in the administration of public affairs in the process of application of certain legal norms in cases of administrative offences.

Keywords: non-governmental organizations, positive responsibility, legal responsibility, negative, administration, public affairs, society, democracy, citizens.

Abstract: The object of studies involves the stages of election campaign for the position of the Mayor of the City of Novosibirsk (January — April, 2014), since in the opinion of the author its results were defined by the implementation of changes in the Russian election legislation in the late years. This election campaign for the position of the head of the municipal entity was one of the latest, and the political parties, which were formed after the party reform of 2012 could take an active part in it, proposing candidates without collecting signatures of electors. Absence of an obligation to provide signatures of electors made the political parties universal instruments for guaranteeing nomination and registration of candidates. Decisions of the Novosibirsk City Municipal Election Commission and the judicial bodies had a decisive value for the comprehensive analysis of the election campaign reflecting its specific features. Contents of the stages of the election process allows to note the positive effect of the legislative provisions of 2014 providing for the criteria for the support of the political party by the electors, and if these criteria are satisfied, the party does not need to provide signatures of the electors. Special attention is paid to the election disputes, which were resolved in the course of the elections both by the election committees and the judicial bodies. Author makes proposals for the improvement of the Russian legislation.

Keywords: election law, elections, subjects of election law, election commission, head of the municipal entity, political parties, municipal self-government, municipal service, municipal self-government bodies, laws.

Abstract: The article concerns legal and organizational problems regarding prophylactic activities of the minors affairs departments, and the proposals are made for the improvement of these activities. The pedagogical prophylactics in the activities of the Minors Affairs Departments (MAD) is the system of educational influences upon the minors in the course of which the deviations in their morals and behavior are corrected and their personal qualities are formed in conformity with the social and moral norms acceptable in the society and state. Early prophylactics plays an important role for the MAD, and its objects are juveniles showing signs of moral and behavioral deviations, but who are not yet profoundly socially and pedagogically neglected in respect of their behavior, while still their behavior deviations causes concern. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). In the opinion of the author the primary direction of the MAD is early prophylactics of the unlawful behavior of minors in the process of joint pedagogical activities of teachers (heads) of schools and the staff of the Minors Affairs Divisions with due consideration for the territory in which a certain school is situated and of which the students are residents, including its economic, mental, natural, cultural, etc. specificities). It is important to start early prophylactics of the offences and crimes of minors at the start of school education both with the students and their parents. Taking into consideration the importance of early prophylactics of minors crime, it seems necessary to provide the early prophylactics as a dominant practice implemented by joint efforts of teachers (directors) of schools and Minors Af fairs Divisions staff.

Keywords: police, MAD, MIA, officer, prophylactics, education, prevention, offence, children, minors.

Abstract: The article concerns theoretical and legal issues regarding the competence of prosecutor and contents of the object of prosecutor supervision over compliance with the laws by the bodies and officials implementing operative investigation activities. The author studies specific features of this type of prosecutor supervision and its differences from the inquiry and preliminary investigation. It is noted in the article that according to Art. 45 of the Constitution of the Russian Federation each person is guaranteed with the state protection of basic human rights and freedoms. In this respect the state has to form and guarantee such a legal order, where any natural person and legal entity could have a real possibility to protect his rights and lawful interest and to gain adequate support from the state. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The said normative provisions should be implemented in all directions of prosecutor functioning including the supervision over compliance with the law of the subjects of operative investigation activities, inquiry and preliminary investigation. The competence of the prosecutor in this sphere is regulated with the provisions of Art. 29 and 30 of the Law on Prosecution, norms of criminal procedural legislation, as well as other federal laws regulating the activities of judicial and law-enforcement bodies.

Keywords: supervision, prosecutor, police, operative investigation activity, method, form, petition, prevention, control, competence.

Abstract: In this article based upon the scientific analysis of the problems of administrative jurisdiction the author provides recommendations for the improvement of administrative jurisdiction legislation, defining specific features of administrative jurisdiction activities in the spheres of finances, taxes, levies, insurance, securities market, federal executive bodies, Central Bank of the Russian Federation. Administrative jurisdiction is a type of law-enforcement administrative procedural activity of the competent public body usually, a state executive body) on dealing with and resolving administrative jurisdiction cases, disputes, implementation of sanctions and protection of protective legal relations with the application of means of public coercion (administrative, disciplinary, etc.) which is regulated by law. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Administrative jurisdiction includes administrative proceedings: proceedings on cases on administrative offences; proceedings on claims of citizens regarding acts or activities (inactions) of public government bodies and officials; disciplinary proceedings, enforcement proceedings. Additionally, administrative jurisdiction involves specific disciplinary activities in various spheres and areas of public administration. Specifically, in the spheres of finances, taxes, levies, insurance, securities market there are proceedings on tax, budget offences, proceedings on offences on legislation of the Russian Federation on the insurance fees, proceedings regarding violations of the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”.

Keywords: jurisdiction, tax, levy, fee, police, Administrative Offences Code of the Russian Federation, offence, elements of an offence, administration, finances.

Abstract: Salischeva N.G. currently teaches at the Faculty of Advanced Training for the Judges at the Russian Academy of Justice. Thanks to her valuable service to both society and state N.G. Salischeva was awarded with state awards of the USSR and the Russian Federation, including the Order of the Red Banner of Labor, Order of the Friendship among the Peoples, various medals and acknowledgements of the President of the Russian Federation, the Supreme Court of the Russian Federation, the President of the Russian Academy of Sciences. She has the honorary title of the Merited Lawyer of the Russian Federation. For 50 years N.G. Salischeva has been supporting the idea of formation of administrative justice system in Russia. Her principal position, hard work, and substantiated approach provide a fine example of serving the interests of science. The input of Nadezhda Georgievna Salischeva into the the development of administrative law and process can hardly be overestimated, since its impact is great. The Board of Editors of the Journal “Administrative and Municipal Law” and the Nota Bene Publishing House cordially congratulate Nadezhda Georgievna Salischeva on the wonderful anniversary, wishing her good health, happiness and new achievements. Relatives, friends, colleagues, students and esteemers wish you good health, prosperity and new creative achievements!

Keywords: Salischeva Nadezhda Georgievna, anniversary, administrative law, law-making activity, control activity, judicial practice, administrative judicial procedure, administrative procedure, public administration, administrative responsibility.

Abstract: In this article the author studies theoretical issues regarding organizational legal means of defining the limitation of proof in criminal cases regarding ethnic crimes, as well as some problems of correlation and interrelation between these limitation and the object of proof in the cases within this category. It is noted in the article that preliminary investigation on criminal cases on ethnic crimes, especially if such crimes are committed by an organized group of persons, or if they are characterized with a number of illegal acts always involves some difficulties in part of organization, collection and investigation of procedural evidence. In this respect it should be noted that the results of operative investigation activities, including those retrieved with secret investigation, may mostly be used as orienting information. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). It is noted in the article that the legal institution of the object of proof is closely related to the limits (boundaries) of proof, which are understood as necessary and sufficient level of examination of circumstances within the object of proof, allowing for factual and legal substantiation of the decisions made in the process of proceedings in a case. These are characteristics of the result of the process of proof, reflecting dialectic of quality and quantity changes in the knowledge on the circumstances of the cases, revealing the cognitive activity in the dynamics of its development from the probabilities to verifiable knowledge.

Keywords: process, crime, offence, elements of an offence, responsibility, ethnical, investigation, proof, evidence, criminal.

Abstract: The article concerns specific features of interaction between the state government bodies and civil society institutions. The author provides administrative legal characteristics of participation of the civil society institutions in the sphere of implementation of the public administration. The author makes a conclusion on the presence of two interrelated problems in the sphere of interaction between the state government and civil society institutions. Firstly, while institutional fundamentals for the interaction between the state and civil society are provided, the society is not ready for active interaction and it is not an equally important partner in these relations. Secondly, the mechanism for such an interaction requires stage-by-stage implementation in order to involve the society in the participation of public administration. The author analyzes the role of interaction between the state bodies and civil society in the sphere of reform of public administration via fighting corruption. The author provides comparative legal analysis of current legislation regulating various aspects of interaction between society and state and representative data of various non-governmental organization based upon polls among the citizens and business structures in order to reveal their opinions on the situation in the sphere of civil society in Russia. Scientific novelty of this article is due to the fact that for the first time it provides analysis of the problems of interaction between the stage government bodies and civil society both in general, and from the standpoints of fighting corruptions and gaps in their administrative legal regulation. Raising efficiency of interaction between the government and civil society is de facto declarative, while being one of the directions of administrative reform. Interaction between the government and civil society did not result in either real influence of society upon the administrative decision-making of the government bodies, or the control over the activities of the state apparatus by the people, or fighting corruption. However, changes in the policy on raising efficiency of public administration is already aimed at a comprehensive solution of the problems in these spheres targeting at the social and public-private partnership. Accordingly, the measures taken in order to involve the citizens into modernization of public administration should work. Therefore, comprehensive solution of the problems in the sphere of interaction between the state and civil society should have a positive influence upon the involvement of the latter in fighting corruption.

Keywords: public administration, regulation, civil society, interaction, fighting corruption, administrative reform, efficiency, concept, anti-corruption policy.

Abstract: Current Russian legislation provides that anti-corruption expertise of normative legal acts and drafts of normative legal acts of state government and municipal bodies is one of the directions in the sphere of fighting corruption (Federal Law of December 25, 2008 N. 273-FZ “On Fighting Corruption”, Federal Law of July 17, 2009 N. 172-FZ “On Anti- Corruption Expertise of Normative Legal Acts and Drafts of Normative Legal Acts”). This article is devoted to the issues of holding an independent anti-corruption expertise, its specificities and recommendations for the practical application of normative legal acts regulating the procedure for this expertise. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The article provides analysis of the foremost important principles and aspects of application of norms of the Russian legislation on holding independent anti-corruption expertise. In the process of studies based upon the analysis of the legal practice, the author reveals existing problems in this sphere and proposes possible solutions to overcome these problems. The conclusions of the article may be of use for the state government and municipal bodies, law-enforcement bodies, as well as persons and legal entities qualified as independent experts by the Ministry of Justice of the Russian Federation.

Keywords: state government bodies, municipal bodies, normative legal acts, drafts of normative legal acts, efficiency, independent expert, principles, subjects of anti-corruption expertise, fighting corruption, anti-corruption expertise.

Abstract: The object of studies involves legal regulation of the activities of the specialized federal anti-corruption body: the Presidential Anti-Corruption Department. The goal of the study is to describe goals and targets, competence and structures of the Expert Council under the auspices of the Presidential Anti-Corruption Department. The target of the study is to reveal the contents of the main goals of the Expert Council under the auspices of the Presidential Anti-Corruption Department, as well as the main spheres of its competence and to propose the measures for the improvement of regulation of activities of the Expert Council under the auspices of the Presidential Anti-Corruption Department in the sphere of fighting corruption. The main method of studies was the traditional dialectic cognition method and the general scientific methods based upon it, such as analysis, comparison, etc. The article for the first time in legal literature provides description and explanation of legal regulation of the activities of the specialized federal anti-corruption body — the Expert Council under the auspices of the Presidential Anti-Corruption Department, as well as description of its activities, main goals, competence and structures. Also, some measures are offered for the improvement of legal regulation of activities of this body.

Keywords: corruption, fighting corruption, anti-corruption body, expert council, anti-corruption policy, structure of the Council, goals of the Council, purposes of the Council, fighting corruption, expert body.

Abstract: The object of studies involves the norms of the Federal Law “On Prosecution of the Russian Federation”, provisions of departmental organizational document of the Prosecutor-General of the Russian Federation, legal practice and positions of scientists regarding application of the prosecutor warning on inacceptable violations of law as means of prosecutor reaction. The author analyzes various points of view on the basic characteristics revealing the legal nature of this type of act, he studies legal practice, including the practice outside the scope of direct legislative regulation, showing the defects in the legal regulation and offering the possible solutions. The position presented in this article was based upon the methods of analysis of legal practice and positions of scholars, as well as comparative legal method. The scientific novelty of the study is due to an attempt to understand and generalize the practical experience in cases of prosecutors sending officials written warning on inacceptable violations of law, it also allowed to bring together the positions of scholars mentioning this type of prosecutor reaction measures in their works. As a conclusion the author offers to introduce certain amendments into the current legislation, as well as expressing opinion on the need for legislative provisions for some efficient practical mechanisms of implementation of the said activities.

Keywords: prosecution, prosecutor, prosecutor supervision, sphere of supervision, competence of a prosecutor, warning, act of reaction, official, violation of law, prevention of violations.