Administrative law, municipal law and institutes of democracy
Reference:
Nagaitsev V.V., Pustovalova E.V., Savchenko M.S., Petrenko E.G., Goncharov V.V.
The influence of civil society institutions on the fiscal policy of the state
// Administrative and municipal law.
2024. № 3.
P. 1-18.
DOI: 10.7256/2454-0595.2024.3.70332 EDN: YMGIGW URL: https://en.nbpublish.com/library_read_article.php?id=70332
Abstract:
This article is devoted to the analysis of the influence of civil society institutions on fiscal policy in the Russian Federation. The paper examines the structure of civil society in Russia, examines the place and role of its various institutions (primarily the institute of public control) in the system of legal guarantees for the implementation and protection of both the system of constitutional principles and the system of human and civil rights and freedoms, the rights and legitimate interests of public associations, as well as other non–governmental non-profit organizations. The article analyzes the essence and content of the fiscal policy of the state, its place and role in the state policy of the Russian Federation. The paper examines the main factors influencing the formation and development of the fiscal policy of the Russian state. This article uses a number of scientific research methods: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors analyzed various approaches to defining the concepts of civil society and fiscal policy of the state, developed and justified the author's definitions of these concepts. The paper substantiates the role of civil society in the system of factors determining the directions of development of the fiscal policy of the Russian Federation. The article analyzes the main directions of the impact of various civil society institutions on the formation and development of the fiscal policy of the Russian Federation. The paper formalizes and explores the main problems that hinder the optimization of the processes of influence of civil society institutions on the processes of formation and development of the fiscal policy of the Russian state. The authors have developed and substantiated a system of measures to resolve these problems aimed both at the development of Russian civil society as a whole and at optimizing fiscal policy in the Russian Federation.
Keywords:
tax control, budget control, democracy, public control, Russian Federation, state, fiscal policy, civil society, institution, influence
Theory and science of administrative and municipal law
Reference:
Barkova A.V., Chernyshenko I.G.
Repressive nature of the application of administrative sanction provided by part 1 of article 20.25 of the CAO RF (failure to pay an administrative fine within the term provided by the CAO RF) and the need to take into account circumstances mitigating administrative punishment
// Administrative and municipal law.
2024. № 3.
P. 19-29.
DOI: 10.7256/2454-0595.2024.3.68782 EDN: HOMJVI URL: https://en.nbpublish.com/library_read_article.php?id=68782
Abstract:
In this article the authors have investigated the issue of the peculiarities of application of the sanction of article 20.25 of the CAO RF, presented statistical data indicating the dynamics of bringing to administrative responsibility under article 20.25 of the CAO RF for the last few years. In the course of writing this article the authors used universal dialectical, logical, statistical, formal-legal, hermeneutical methods of research. On the example of judicial practice the unfair and punitive nature of the sanction under consideration is shown. The authors present the positions of scientists regarding the goals of the legislator and law enforcer on the establishment and implementation of this administrative punishment, including: S.M. Zyryanov, P.P. Serkov, Z.I. Magomedova, A.V. Zhiltsov, F.K. Batenov and others. As a result of the study, the authors concluded that it is advisable to apply other (similar) legal means of influence on the offender who has not paid the fine on time, except for imposing a double fine. The present article is also a warning to legislators and law enforcers against potential injustice in the part of imposing a double fine. The authors' proposals contribute to the development of more balanced and fair mechanisms to influence the offender. The authors hope that their study will serve as a basis for reform in this area of law enforcement, contributing to the improvement of administrative legislation and judicial practice in favour of preventive over punitive policies.
Keywords:
court practice, public interest, failure to pay a fine, mitigating circumstances, administrative punishment, legal issues, legal technique, fairness, legal remedies, sanction
Administrative and municipal law: forms and methods of implementation (practice)
Reference:
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. № 3.
P. 30-44.
DOI: 10.7256/2454-0595.2024.3.69812 EDN: HNZTYY URL: https://en.nbpublish.com/library_read_article.php?id=69812
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.
Keywords:
The concept of improving the CND, Mandatory requirements, The moratorium, The object of supervision, Controlled person, Risk indicators, Constant raid, A risk-based approach, Control and supervision, Self-propelled vehicles
Administrative law, municipal law and institutes of democracy
Reference:
Denisov Y.P., Staurskii E.S., Staurskii S.S.
Administrative and legal aspects of voter information in the Russian Federation
// Administrative and municipal law.
2024. № 3.
P. 45-61.
DOI: 10.7256/2454-0595.2024.3.70405 EDN: HTGEBP URL: https://en.nbpublish.com/library_read_article.php?id=70405
Abstract:
The object of the study is the system of information support for voters in the Russian Federation. The subject of the scientific article is the administrative and legal aspects of informing Russian voters, analyzed in the context of modern socio-political processes. The authors consider in detail such aspects of the topic as the ratio of information and campaigning in the course of public administration of elections, responsibility for administrative offenses in the field of information support of the electoral process, the ambiguity of the administrative and legal status of a candidate in elections and the problems of administrative and legal regulation of voter information carried out by various subjects. Special attention is paid to the problems and prospects for the development of administrative and legal regulation of voter information in the context of today's technological and geopolitical challenges. Based on the understanding of modern scientific research and innovative approaches, as well as the experience of the 2024 election campaign for the election of the President of the Russian Federation, the authors also touch upon some problems of digitalization of the electoral process. The study is based on a systematic approach that allows us to study the mechanism of public administration of voter information as a set of inextricably interrelated and interacting elements organized as a single whole. The work uses a whole range of scientific research methods: formal-logical; comparative-legal; sociological and so on. The main conclusions of the conducted research are the authors' proposals with scientific novelty on clarifying the status of a candidate and legislative legal differentiation of the statuses of "registered" and "nominated candidates", clearer administrative and legal regulation of the voter information mechanism carried out by various entities, and the introduction of administrative responsibility directly for violations in the field of voter information.
Keywords:
information support, information, administrative and legal regulation, public authority, public legal system, elections, public administration, voter information, electoral process, administrative and legal statuses
Public service, municipal service and issues in the fight against corruption
Reference:
Kuryndin P.A.
Digitalization of control and supervisory activities as a tool for combating corruption
// Administrative and municipal law.
2024. № 3.
P. 62-78.
DOI: 10.7256/2454-0595.2024.3.43974 EDN: HVZPCE URL: https://en.nbpublish.com/library_read_article.php?id=43974
Abstract:
The subject of the study is the process of combating corruption, which, due to its changing forms and methods, should be permanent and comprehensive. Moreover, all levels of society are affected by corruption. Digitalization of administrative procedures makes it possible to increase the efficiency of public administration and ensure transparency of decisions. At the same time, it is necessary to assess how the goals and the reality of their implementation coincide. Russia has adopted yet another anti-corruption plan, which is "reinforced" by the introduction of a new Poseidon system that ensures compliance with anti-corruption requirements by various officials. However, the constant bias towards digitalization of administrative procedures and control and supervisory activities cannot automatically lead to the eradication of corruption. It only creates prerequisites. In addition, policy documents in Russia do not set such goals, including even existing international legal acts. Digitalization has many advantages – it is the ease, simplicity and speed of decisions. In fact, the electronic form of control is convenient: you do not need to wait long, prepare documents, the control body can check everything at once. Also, digitalization has already shown effectiveness in reducing "everyday" corruption. However, there is no detailed statistics on the results of appealing control measures in open data. It is impossible to assess what was appealed, what decisions were made and what problems arose. At the same time, the ubiquitous electronic form will not get rid of negative phenomena – there is no single standard of interaction between an administrative body and a non-governmental entity. Regulatory legal acts do not take into account one important aspect: not all individuals have access to the Internet.
Keywords:
EAEU, the right to be heard, good governance, household corruption, administrative reform, control and supervision, administrative procedures, digitalization, corruptogenicity, anti-corruption