Public service, municipal service and issues in the fight against corruption
Reference:
Madatov O.Y.
Reforming the justice process as a basis for combating corruption
// Administrative and municipal law.
2024. № 5.
P. 1-17.
DOI: 10.7256/2454-0595.2024.5.71693 EDN: BCUENM URL: https://en.nbpublish.com/library_read_article.php?id=71693
Abstract:
Despite the ongoing measures to combat corruption in the judicial system of the Russian Federation, there remain cases when the presiding judge in a case is guided not by the norms of laws, but by personal and other material interests, which necessitates a change in the approach to identify, eliminate the causes, prevent, disclose, investigate corruption offenses, minimize and eliminate such offenses. The subject of the study is the norms of constitutional, civil and administrative law, other normative legal and judicial acts defining the procedural provisions of ongoing trials in the Russian Federation. The purpose of the research is to study the existing measures to combat corruption in the judicial system, as well as to develop proposals aimed at identifying and suppressing them. In the course of the research, the following methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods. The study analyzes the main legislative provisions related to combating corruption, as well as procedural norms of the law of judicial processes. The novelty of the research is the consideration of judicial instances as a single entity, where judges are divided not by specific courts where they carry out their official activities, but by internal conviction, and judges are united depending on the judicial instance. At the same time, the concealment of information about the judges themselves and the introduction of certain prohibitions on establishing their identity by the participants in the process will not only reduce the dependence of judges on the participants in the process, but also increase their personal security and reduce corruption. The analysis of the conducted research allowed us to establish that currently in the Russian Federation there are cases of corruption in the judicial system, where one of the main directions is the imposition of an illegal and unjustified court order, and in some cases the acquittal of a person who committed a crime. In this regard, it is proposed to reform the process of justice, which is based on the concealment of information about the identity of the presiding judges.
Keywords:
concealment of information, personal data, reformation, digitalization, judges, the trial, judicial system, rights, corruption, operational activities
Theory and science of administrative and municipal law
Reference:
Palatin A.V.
Topical issues of improving legislation on rehabilitation in case of illegal administrative prosecution
// Administrative and municipal law.
2024. № 5.
P. 18-35.
DOI: 10.7256/2454-0595.2024.5.71798 EDN: IZLZQU URL: https://en.nbpublish.com/library_read_article.php?id=71798
Abstract:
This article examines ways to improve the institute of rehabilitation of individuals and legal entities illegally brought to administrative responsibility in Russian administrative law. The substantiation is given that the institute of administrative and legal rehabilitation consists of a set of actions aimed at making a decision to terminate administrative prosecution on rehabilitative grounds, restoring an innocent person to violated rights and compensation for harm caused. At the same time, there are no legal norms in the Administrative Code of the Russian Federation regulating the consequences taking place after a decision is made to terminate administrative and legal prosecution on rehabilitating grounds and to restore an innocent citizen's violated rights. According to the author, the currently available civil law mechanisms for compensation for harm are not able to fully ensure compliance with the legal consequences of rehabilitation in case of unlawful administrative prosecution. Based on the analysis of practical proposals put forward by scientists, the necessity is justified and ways of implementing legal regulation of administrative and legal rehabilitation using public legal mechanisms are proposed. The main conclusions of the study are that the right guaranteed by Article 53 of the Constitution of the Russian Federation to everyone to compensation by the state for harm caused by illegal actions (or inaction) of public authorities or their officials should be reflected in sectoral (administrative) legislation. For the development of the rehabilitation, it is important to use the experience of countries that recognize in national administrative legislation the right to rehabilitation and compensation for harm caused to an individual or legal entity by illegal actions of the authorities of jurisdiction. Such experience is important for the development of the institute of rehabilitation in Russian administrative legislation. The introduction of the rehabilitation into Russian administrative legislation will not only ensure the rights guaranteed by the Constitution of the Russian Federation, but also improve the quality of the administrative process (in terms of proceedings on administrative offenses).
Keywords:
administrative legislation, state responsibility, public relations, restoration of violated rights, compensation for moral damage, procedural mechanisms for rehabilitation, compensation for harm, administrative responsibility, rehabilitation, observance of human rights
Public and municipal service and the citizen
Reference:
Rukoleev V.A., Savoskin A.V.
Request for information on the activities of the authorities: is there a need for separate regulation?
// Administrative and municipal law.
2024. № 5.
P. 36-49.
DOI: 10.7256/2454-0595.2024.5.71706 EDN: ERONAP URL: https://en.nbpublish.com/library_read_article.php?id=71706
Abstract:
The article is devoted to the study of the information request, its relationship with the traditional types of appeals. In particular, on the pages of this work, a comprehensive comparison of the request for information with the application is carried out, the place of the request for information is determined, its role in the existing system of citizens' appeals. The authors have made an attempt to understand the reasons for the existence of special regulation of information requests. The topic is relevant due to the fact that currently law enforcement practice indicates the lack of demand among the general population for such a type of appeal as a request for information, unlike traditional types of appeals. The chosen research topic has received great relevance due to the presence in the vast legal literature of a dispute about the need to unify the legal regulation of public relations related to the realization of the right to appeal and the right to information. The article reflects the positions "for" and "against" the elimination of largely duplicative legal norms. The subject of the study is the provisions of normative legal acts in the field of regulating the types of appeals, their submission and consideration in the exercise by citizens of the constitutional right to both appeal and information. Methodological basis of the research: to solve all the tasks set, general scientific and special legal methods were used, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), a systematic method, as well as a formal legal method can be distinguished. The scientific novelty of the study is due to the fact that it shows the current state of the normative consolidation of the institute of information request. According to the results of the study, the authors proposed to abandon the irrational accumulation of the legal array and exclude the norms on information requests from the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Governments" and the Federal Law "On Ensuring Access to Information on the Activities of Courts in the Russian Federation". In their opinion, the specifics of dealing with such appeals can be reflected in the Federal Law "On the procedure for considering appeals from Citizens of the Russian Federation." However, it is important to maintain a balance between the interests of the authorities and the rights of citizens to appeal and information in order to prevent unjustified restrictions on these rights.
Keywords:
legal regulation, the official, the authority, citizen, the right to appeal, the right to information, appeal, Request for information, information, intelligence
Liability in administrative and municipal law
Reference:
Kleimenova A.N., Mishin K.D.
Analysis of judicial practice in cases of administrative offenses detected during customs control after the release of goods
// Administrative and municipal law.
2024. № 5.
P. 50-62.
DOI: 10.7256/2454-0595.2024.5.70586 EDN: ERZUEA URL: https://en.nbpublish.com/library_read_article.php?id=70586
Abstract:
The subject of the study is judicial practice in cases of administrative offenses in the field of customs, detected during customs control after the release of goods. The relevance of the research topic is due to a decrease in the verification actions carried out by customs authorities at the stage of declaring goods, as well as the general trend to simplify and accelerate the process of moving goods across the customs border of the Eurasian Economic Union. The liberalization of customs policy leads to an increased risk of violations of the customs legislation of the EAEU and the legislation of the Russian Federation on customs regulation, as well as an increase in the role of customs control after the release of goods in the customs administration system. In the process of monitoring after the release, a large number of facts of violation of customs legislation are revealed annually, cases of administrative offenses are initiated accordingly, additional customs payments are charged to the budget of the Russian Federation. At the same time, in parallel, there is an extensive judicial practice on appeal by participants of foreign economic activity against these decisions. When writing a scientific paper, the following methods were used: logical method (when presenting the material of a scientific article); method of system-structural analysis (when studying concepts related to the implementation of customs control after the release of goods); comparative legal method; statistical method, etc. Based on the analysis of judicial practice, it was found that the most frequent subjects of appeal are decisions of customs authorities: on changing the classification code of goods; on adjusting the customs value, as well as improper application by customs authorities of substantive law, violation of procedural legislation. In turn, the most common cases of unreliable declaration of goods are the following illegal acts: incorrect determination of the customs value of goods aimed at underestimating the amount of customs duties payable, in particular: incorrect inclusion in the structure of the customs value of the costs of transporting goods; not including in the structure of the customs value of additional charges in the form of licensing and other similar payments for use of intellectual property objects; provision of invalid documents containing information on the customs value of goods; indication of the HS code that does not correspond to the transported goods, which has a lower customs duty rate.
Keywords:
customs value adjustment, customs payments, customs value, false declaration of goods, customs control, customs verification, administrative offense, administrative responsibility, customs law, composition of an administrative offense
Administrative law, municipal law and issues in education
Reference:
Slanov O.T., Dzodzikov Z.U., Hugaeva R.G., Bekoeva T.A.
On some problems of the implementation of the constitutional right to higher education in Russia
// Administrative and municipal law.
2024. № 5.
P. 63-76.
DOI: 10.7256/2454-0595.2024.5.71910 EDN: ESPGAP URL: https://en.nbpublish.com/library_read_article.php?id=71910
Abstract:
The subject of this article is the nature, meaning and content of the constitutional right to higher education in the sense given by the Constitution of the Russian Federation, legislation and law enforcement practice. The study provides a meaningful analysis of part 3 of Article 43 of the Constitution of the Russian Federation, reveals the intentions of the developers of the constitutional text. The article analyzes the constitutional right to education in the context of the Bologna system, gives a nuanced characterization of this right primarily through the possibility of exercising this right free of charge. The social nature of the policy of the Russian state is shown, which is manifested in an increase in the share of foreign students in Russian universities; expansion of opportunities for obtaining a second higher education for citizens with disabilities; expansion of forms of free higher education. The main research methods are: – general research methods: comparison and description; – general scientific: dialectical and dialectological methods; – private scientific: sociological and axiological methods; - special research methods: comparative legal and formal legal. The authors analyze in detail the issue of the implementation of the constitutional right to higher education in the current legislation on education, and draw attention to a number of important changes in relevant normative legal acts. It is concluded that point-by-point amendments to the legislation on education significantly expand the possibilities of access to free forms of higher education. Within the framework of the legal experiment in the Russian Federation, the search for the most rational form of higher education organization continues. The article focuses on the problems of the Bologna education system and analyzes it. It is stated that the discussion on the internal organization of higher education has not yet been completed and the Russian state has yet to find legal forms for rationalizing the activities of higher education institutions. Using an empirical research method, the authors provide comments on current legislation and an analysis of judicial practice, which represent a certain scientific novelty and arouse interest in the systematic positions of the authors presented in the work in relation to the issue under study.
Keywords:
human rights, free education, constitutional law, right to education, Bologna system, master's, bachelor's, higher education, education system, jurisprudence