Citations count: 27
Reference:
Gorian E., Netrusov Y. —
Perspectives for Implementing Part 1 of Article 6.21 of The Code of the Russian Federation on Administrative Offences in Relation to the Decisions of The European Court on Human Rights of June 20, 2017 Regarding the Case 'Baev and Others against the Russian Federation' (Complaints 67667/09, 44092/12, 56717/12)
// Administrative and municipal law.
– 2017. – ¹ 12.
– P. 34 - 47.
DOI: 10.7256/2454-0595.2017.12.24819 URL: https://en.nbpublish.com/library_read_article.php?id=24819
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Abstract:
The authors of this article analyze the problems and perspectives of implementing provisions of the Russian law prohibiting propaganda of non-traditional sexual relations relations to the underaged taking into account decisions made by The European Court of Human Rights. The authors touch upon approaches and arguments of international and national judicial authorities and analyze judicial practice o fRussian courts on implementing the provisions of The European Court on Human Rights on restriction of rights and discrimination. The authors deine drawbacks of the Russian law prohibiting propaganda of non-traditional sexual relations to the underaged. The methodological basis of the research includes system-structure, formal-logical and hermeneutical methods. Special law methods used by the authors included cmparative law and formal law methods. Based on the authors, Russian Federation courts tend to ignore arguments of The European Court on Human Rights and demonstrate a conservative approach appealing to traditional values and religious morals while ignoring scientifically proved facts. The European Court on Human Rights' approach is based on facts about society's development and modernization of social relations as well as scientifically proved data. The term 'non-traditional sexual relations' used by the Russian legislation is also very contradictory and not defined by the law in full which makes it difficult to implement the provisions of the law and violates the principle of legal certainty. The decision would be to exclude the provisions prohibiting propaganda of non-traditional sexual relations to the underaged from the shere of law.
Citations count: 7
Reference:
Sultanov K.A., Ustinov P.V. —
Topical Issues of Improving the Legislation of the Russian Federation Constituents on Administrative Responsibility
// Administrative and municipal law.
– 2018. – ¹ 10.
– P. 29 - 34.
DOI: 10.7256/2454-0595.2018.10.27499 URL: https://en.nbpublish.com/library_read_article.php?id=27499
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Abstract:
The authors of the article analyze topical issues and the role of internal affairs bodies in the implementation of the legislation of the Russian Federation constituents on administrative offences. The authors analyze the most recent changes in the federal legal acts and regional acts that regulate the procedure of instituting administrative action based on the Russian Federation constituents' laws. The authors offer particular recommendations that would allow to eliminate the issues caused by the treaties of transfer of authority to police officers to initiate proceedings on adminitrative offences based on the regional laws. The methodology of the research implies a combination of the most commonly used research methods and techniques such as synthesis and analysis of applicable laws, formal law method, and structured logical statement. The main conclusion of the research is that there are certain administrative laws of the Russian Federation constituents that contradict to the federal law. The authors provides particular examples when regional administrative acts are issued with the excess of jurisdiction of the Russian Federation constituent. The novelty of the research is caused by the authors' evaluation of the current state of legislation and its practical implementation. The authors' contribution to the topic is the fact that they define areas of improvement and prospects of the development of regional laws on administrative offences taking into account the Federal Law No. 247 about the need in treates between regional authorities and the Ministry of Internal Affairs of Russia on the transfer of authority. The practical importance of the research is caused by the fact that the authors give scientifically grounded recommendations on how to create draft treaties as part of the police execution of the regional legislation.
Citations count: 6
Reference:
Kulakov N.A. —
Means of Control and Supervision as the Direction of Administrative Protection of Intellectual Property of the Russian Federation
// Administrative and municipal law.
– 2018. – ¹ 5.
– P. 17 - 23.
DOI: 10.7256/2454-0595.2018.5.26283 URL: https://en.nbpublish.com/library_read_article.php?id=26283
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Abstract:
The article is devoted to the problems that may arise in the process of state control and supervision over intellectual property protection of the Russian Federation as a right holder as well as means of administrative responsibility as the means of legal protection of the aforesaid rights. The focus of the research covers is the combination of the main local acts that regulate control supervisory activity of state authorities in the sphere of protection of intellectual property of the Russian Federation, administrative laws, and relevant researches. The purpose of the research is to outline problems that relate legal regulation of protection of intellectual property of the Russian Federation as a right holder, and to offer certain solutions. The author has applied such methods as dialectics, analysis, synthesis, deduction, formal law, comparative law and interdisciplinary law analysis. As a result of the research, the author concludes that the Russian Federal Service for Intellectual Property (Rospatent) is the main actor of state control (supervision) in the sphere of legal protection of intellectual property of the Russian Federation. Based on the results of the research, the author emphasizes the need to extend jurisdictional powers of Rospatent, in particular, grand Rospatent the power to draw out protocols on administrative offences as set forth by the first part of Article 7.12 of the Administrative Offenses Code of the Russian Federation, and make relevant amendments to the law. In the author's opinion, this is the solution that would raise efficiency of administrative protection of intellectual property of the Russian Federation.
Citations count: 5
Reference:
Agamagomedova S. —
Optimization and Systematization of Administrative Procedures in the Customs Code of the Eurasian Economic Union
// Administrative and municipal law.
– 2018. – ¹ 1.
– P. 37 - 47.
DOI: 10.7256/2454-0595.2018.1.24580 URL: https://en.nbpublish.com/library_read_article.php?id=24580
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Abstract:
The object of the research is the legal regulation of administrative procedures in the Customs Code of the Eurasian Economic Union. Based on the comparative analysis of the provisions of the Customs Code of the Customs Union and Customs Code of the Eurasian Economic Union, the author concludes that there has been certain systematization and optimization of administrative procedures performed by customs authorities, in particular, control or supervisory agencies. In addition, the author describes trends and changes in the legal regulation of administrative procedures such as acceleration and simplification of customs operations, extention of the regulation intergration level, and impact of information technologies. The main research methods include systems and comparative law analysis, classification, historical law and formal legal law methods. The novelty of the research is caused by the fact that the author defines and offers a classification of new customs laws issued within the framework of the Eurasian Economic Union. The author focuses on administrative procedures of customs authorities' activity under the conditions of integration and defines regular patterns of the legal regulation of administrative procedures, procedures performed by customs authorities, and concludes that there has been a tendency towards decreasing the control and supervisory influence on business activities.
Citations count: 5
Reference:
Nikiforov M.V. —
Legal regime of subordinate acts of the Investigative Committee of the Russian Federation
// Administrative and municipal law.
– 2017. – ¹ 10.
– P. 1 - 15.
DOI: 10.7256/2454-0595.2017.10.23924 URL: https://en.nbpublish.com/library_read_article.php?id=23924
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Abstract:
The article studies social relations connected with the operation of legal regime of subordinate acts of the Investigative Committee of the Russian Federation. The author considers such aspects of the topic as the history of formation of legal regime of the acts under discussion, the forms and the subjects of their issuing. The author studies the reasons for issuing and formalization of the procedure of anti-corruption examination of such acts. Special attention is given to the problem of adoption of administrative-legal normative acts of the Investigative Committee of the Russian Federation. The research methods are predetermined by the purpose of the study and include analysis, synthesis, the comparative-legal method, legal modeling and classification. The scientific novelty consists in the fact that the author is one of the first scholars in Russian jurisprudence who describes the characteristics of legal regime of subordinate normative acts of the Investigative Committee of the Russian Federation. The author’s contribution consists in the detection of the tendencies of formation and operation of this regime using concrete examples of lawmaking.
Citations count: 4
Reference:
Kabytov P.P. —
Administrative Status of Contract System Participants in the Field of the Procurement of Goods, Works, and Services for State and Municipal Needs
// Administrative and municipal law.
– 2018. – ¹ 7.
– P. 26 - 36.
DOI: 10.7256/2454-0595.2018.7.27039 URL: https://en.nbpublish.com/library_read_article.php?id=27039
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Abstract:
The subject of this research is the administrative status of state authorities and local government as well as other actors that are granted public competences as contract system participants. Based on the analysis of the contract system law and definitions of 'administrative status of public authority' offered by the administrative law doctrine, Kabytov provides a description of the administrative status of contract system participants. The author of the article pays special attention to the legal consolidation of the administrative status of contract system participants. The methodological basis of the research involves general scientific methods (formal logic, structured systems approach) and special scientific methods (formal law analysis, dogmatic analysis, interpretation of law). The scientific novelty of the research is caused by the fact that the author carries out a complex analysis of the administrative status of contract system participants and gives recommendations on how to improve the current contract system law. The results of the research are of great practical importance and can be used in the policy-making process of the Russian Federation. As a conclusion, the author describes the main areas of the contract system legislation that should be improved, as well as a set of legal measures that are needed to be undertaken in order to improve them. This includes: 1. legitimization of grounds for reauthorization of control competences in the field of procurements between local government and state authorities of the Russian Federation; 2. improvement of the current law applicable to procurements through distribution of competences and consolidation of regulatory acts; and 3. establishment of formalized requirements and criteria for centralisation of procurements, and its efficiency evaluation system.
Citations count: 4
Reference:
Popova S.M., Yanik A.A., Karpova S.F. —
Transformation of Russia's Migration Policy: stages, features, problems (1989-2023)
// Administrative and municipal law.
– 2023. – ¹ 4.
– P. 24 - 51.
DOI: 10.7256/2454-0595.2023.4.43666 EDN: VBXQFC URL: https://en.nbpublish.com/library_read_article.php?id=43666
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Abstract:
The article presents the results of the analysis of the fundamental documents of the migration policy of the Russian Federation of the last 30 years, the purpose of which was to identify changes in the fundamental approaches of the authorities in relation to migration and the corresponding legal and institutional changes.
An array of normative legal acts of the Russian Federation from 1989 to 2023 (about 100 documents), concepts of migration policy, materials of speeches by the Head of State, meetings of various interdepartmental commissions and high-level profile working groups were used as sources. The study used comparative legal analysis; content analysis; synchronous analysis; general logical approaches and methods. The obtained results allowed us to identify seven stages of the evolution of the Russian migration policy. The boundaries in which the "fluctuation of the course" of migration policy occurs are determined. It is shown that the priorities that the migration policy should correspond to are equally significant, but competing, which leads to inconsistency of the measures taken. It is noted that in recent years, migration policy has been increasingly using adaptive management technologies, which contains risks for long-term goal-setting. The definition of the concept "limits of policy variability" is given. It is concluded that it is necessary to develop a long-term Strategy of the state migration policy, which will take into account the systemic nature of the phenomenon of migration and the multilevel effects that arise as a result of the impact on the migration situation.
Citations count: 4
Reference:
Lapin A.V. —
Development of the National Innovation System as a Mandatory Condition for Technological Changes and Industrial Growth
// Administrative and municipal law.
– 2018. – ¹ 4.
– P. 26 - 41.
DOI: 10.7256/2454-0595.2018.4.26423 URL: https://en.nbpublish.com/library_read_article.php?id=26423
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Abstract:
The subject of the article is the administrative legal relations that may arise in the sphere of innovation activity. The object of the article is the current national innovation system. The athor of the article analyzes the legal grounds for the innovation path of the development of the real economic sector and describes the quality of state management of economic processes, and proves the need in institutional, structural and technologies changes as the elements of the systems approach to development of the national innovation system. The author pays special attention to the analysis of strategical and policy documents that contain elements of the national innovation system. The author concludes that there is no single approach of scientists to understanding the mechanism of improvement of Russia's national innovation system and ways to fix relevant guidelines in legal acts. The methodological basis of the research implies modern achievements of the theory of knowledge. In the process of the research the author has used the general method of philosophical resaerch, systems analysis, expert analysis, event analysis, traditional legal methods (formal law, comparative law) as well as structural and statistical analysis. The novelty of the research is caused by the fact that the author makes recommendations regarding development of the national innovation system based on the improvement of the system of national innovation law which implies administrative regulation of the innovation development of our country's industry. The author of the article provides all necessary argumenents to prove the need in complex regulation of the innovation development of the real economic sector for development and assessment of technologies changes and industrial growth in the real economic sector.
Citations count: 3
Reference:
Kireeva A.V. —
Public-Private Partnership in the sphere of control and coercion – a new element of the state mechanism
// Administrative and municipal law.
– 2017. – ¹ 4.
– P. 47 - 58.
DOI: 10.7256/2454-0595.2017.4.22469 URL: https://en.nbpublish.com/library_read_article.php?id=22469
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Abstract:
The research subject is the impact of new directions of public-private partnership, forming in the sphere of state control and coercion, on the state mechanism. The author studies the works of legal scholars for the last several years, dealing with various aspects of private organizations’ performance of functions of control, supervision and coercion. The author shows that the problem of the role of public-private partnerships in the state mechanism hasn’t been studied so far comprehensively enough; at the same time, traditional approaches to defining the state mechanism prevail in the scientific literature; they don’t provide for the opportunity of partial delegation of functions of control, supervision and coercion, performed by public authorities, to the entities without this status. The research methodology is based on the works of S.S. Alekseev, D.N. Bakhrakh, P.V. Demidov, V.V. Zakharenkov, A.B. Zolotareva, A.E. Ziat’kov, A.D. Kerimov, Ya.S. Kleimenov, V.V. Lazarev, S.V. Lipenia, D.A. Limareva, M.M. Magomedrasulov, N.I. Matuzov, A.V. Mal’ko, A.N. Pigolkin, and others. The author concludes that the state mechanism is being transformed at the present time; it’s been extending, and now it includes new social relations, which haven’t been typical for it previously. Since the problem of the state mechanism extension hasn’t been studied by Russian legal science comprehensively enough, the possible risks of delegation of functions of control, supervision and coercion to private entities haven’t been estimated either. At the same time, in practice, the legislation, regulating the issues of control and supervision, has been including new elements, which can be considered as the examples of delegation of some functions, which have been traditionally performed by public authorities, to private entities: from the development of the rules for some markets and quasi-licensing, to the creation of opportunities of agreements between self-regulatory organizations and public oversight authorities on the basis of which public authorities reduce the general number of inspections of the self-regulating organizations’ members, or completely refuse of scheduled inspections, and reserve only the right to organize unscheduled inspections.
Citations count: 3
Reference:
Lapina M.A. —
Legal Regulation of Russia's National Innovation System
// Administrative and municipal law.
– 2017. – ¹ 12.
– P. 26 - 33.
DOI: 10.7256/2454-0595.2017.12.24762 URL: https://en.nbpublish.com/library_read_article.php?id=24762
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Abstract:
The subject of the research is the current legal standards that regulate innovative activity in the Russian Federation. The object of the research is the social relations that encourage the development of Russia's national innovation system. One of the essential conditions for the establishment and development of innovative economy is the creation of the ecomic and legal regulation system for innovative activity in the Russian Federation. In her research Lapina carries out an analysis of the legislation on innovative activity, defines problems of legal regulation of the national innovation system, and makes recommendations on how to improve the current legislation in order to encourage better development of Russia's innovative economy. The author pays special attention the the role of public administration, and importance of federal executive authorities' competences that affect the legal regulation of innovative activity. The methodological basis of the research includes recent findings and achievements of the knowledge theory. In the process of her research Lapina has used general philosophical methods, systems analysis, expert analysis, event analysis, and traditional legal research methods (formal logic and comparative law) as well as structural analysis. Lapina ends her research with the conclusion that there is no legal act that would fully regulate innovative activity of economic entities. Authorities that regulate innovative activity and their competences are set forth by numerous legal acts of different nature. Based on her analysis of legal acts and other official documents, the author of the article emphasizes the need to establish a basic federal law on innovative activity.
Citations count: 3
Reference:
Kurakin A.V., Karpukhin D.V., Popova N.F. —
Principles for Differentation Between Matters Under Jurisdiction and Competences of the Russian Federation State Authorities and Their Actors
// Administrative and municipal law.
– 2018. – ¹ 11.
– P. 19 - 35.
DOI: 10.7256/2454-0595.2018.11.28228 URL: https://en.nbpublish.com/library_read_article.php?id=28228
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Abstract:
The subject of the article is the legal norms contained in the Constitution of the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Authorities of the Government of the Subjects of the Russian Federation”, establishing the basic starting principles for distinguishing between the joint jurisdiction of the Russian Federation and its subjects powers between the Russian Federation and the constituent entities of the Russian Federation in order to determine the prospects for improving the techniques of legal techniques tion assumptions set forth in the present law. The methodological basis of the article consists of a formal logical, interpretative, logical, comparative research methods. Formal legal, logical and interpretational methods were used in the analysis of the specific content of legal regulations relating to the structuring of the principles of delimitation of competences and powers between the Russian Federation and the subjects of the Russian Federation. The novelty of the article lies in the wording of principles proposed by the authors arising from the provisions of the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation", as well as in the formulation of specific proposals for improving the said Federal Law mechanisms related to the detailed regulation of the formation and activities of state bodies of the subject of the Russian Federation.
Citations count: 3
Reference:
Kravchenko A.G., Ovchinnikov A.I., Mamychev A.Y., Vorontsov S.A. —
Usage of digital technologies in the area of corruption prevention
// Administrative and municipal law.
– 2020. – ¹ 6.
– P. 52 - 63.
DOI: 10.7256/2454-0595.2020.6.33458 URL: https://en.nbpublish.com/library_read_article.php?id=33458
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Abstract:
The subject of this article is certain anti-corruption trends that utilize digital technologies and can be taken into account in setting the priorities of anti-corruption legal policy of the Russian state. The author examines new opportunities for corruption prevention in the conditions of systematic implementation of information and communication technologies in the area of public administration. The goal of this work is to outline new opportunities for corruption prevention using digital technologies in public administration and various spheres of social life. The scientific novelty lies in the generalization and comprehensive analysis of digital technologies in the area of corruption prevention. The conclusion is made that the new digital technologies create unprecedented opportunities for modification of the model of anti-corruption policy, shifting the focus from administrative, criminal and other mechanisms of bringing to responsibility the participants of corruption relations to the benefit of development of the mechanisms for technical incapability, economic insolvency and inexpediency of corruption actions, ties and relationships. The information and communication technologies on their own are the tool of legal policy; not self-standing and without reference to the general principles of corruption prevention, they are able to generative destructive occurrences of technocratic bureaucracy, totalitarian political control, and systemic violations of human rights and freedoms.
Citations count: 3
Reference:
Gorian E., Barannik I.N. —
Provision of Information Security in the Financial Sector As Part of Implementation of National Program 'Digital Economics of the Russian Federation'
// Administrative and municipal law.
– 2019. – ¹ 4.
– P. 27 - 40.
DOI: 10.7256/2454-0595.2019.4.29911 URL: https://en.nbpublish.com/library_read_article.php?id=29911
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Abstract:
The object of the research is the relations that arise in the process of implementation of National Program 'Digital Economics', in particular, provision of information security in Russia's financial system. The researchers define the role of state financial regulatory authority in implementation of the aforesaid program taking into account special features of such financial regulatory authority's legal status. They also analyze key documents that constitute regulatory mechanisms of information security in Russia's financial and banking systems. The authors describe particular activities of Information Security competence center and prove the need to appoint the Bank of Russia as such competence center. In the course of their research the authors have used general research methods (structural-functional and hermeneutical) and special research methods (formal law and history of law methods). According to the authors, despite a serious constitutional legal status and practical experience in provision of security at financial institutions, National program 'Digital Economics of the Russian Federation' does not use potential of the financial regulatory authority to the full extent, even though objectives to be achieved by the competence center are of state nature and thus should be performed by a competent authority. As a proof and logical outcome of declaring an impmortant role of financial regulatory authority, the government must appoint the Bank of Russia as the competence center for the federal project 'Digital Economics' because this financial regulatory authority has all necessary organizational and legal competences and material resources (FinCERT).
Citations count: 3
Reference:
Goncharov V.V., Petrenko E.G., Borisova A.A., Tolmacheva L.V., Dmitrieva I.A. —
The System of Social Trust (Social Rating) in China: Problems and Prospects of Implementation in the Russian Federation
// Administrative and municipal law.
– 2023. – ¹ 3.
– P. 78 - 91.
DOI: 10.7256/2454-0595.2023.3.39983 EDN: TLCPOC URL: https://en.nbpublish.com/library_read_article.php?id=39983
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Abstract:
This article is devoted to the analysis of problems and prospects of development of the social trust system (social rating) in the People's Republic of China. At the same time, the authors conclude that the development and implementation by the state of behavioral control systems for both individuals and legal entities is a necessity to ensure optimal management of all areas of society. However, their implementation should be carried out under the constant supervision of civil society institutions (in particular, through the functioning of the institute of public control). The author uses a number of methods of scientific research, in particular: analysis; synthesis; interpolation; extrapolation; comparative legal; historical; sociological and a number of others.
The paper examines the genesis of the social trust system (social rating) in the People's Republic of China, formalizes and justifies the author's classification of the stages of its formation and development, analyzes the impact of this system on the processes of implementation and protection of the system of constitutional rights and freedoms of citizens of the People's Republic of China, identifies and formalizes not only the main problems hindering the development of this system, but also the main directions of this development. The paper analyzes the impact of the social trust system (social rating) in China on the formation and development of behavioral surveillance systems initiated by public authorities in various countries, including the Russian Federation.
Citations count: 3
Reference:
Vayshnarovich G.V. —
On the problem of guaranteeing the right of citizens of the Russian Federation, who are not the members of electoral associations, to be elected as deputies of a municipal representative body according to the proportional election system
// Administrative and municipal law.
– 2017. – ¹ 5.
– P. 22 - 32.
DOI: 10.7256/2454-0595.2017.5.23261 URL: https://en.nbpublish.com/library_read_article.php?id=23261
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Abstract:
The paper studies the problem of guaranteeing the right of citizens of the Russian Federation, who are not the members of electoral associations, to be elected as deputies of a municipal representative body according to the proportional electoral system. The author formulates the peculiarities and common features of the legislation of Russia, which allow organizing municipal election based on the proportional election system. The paper studies the law-making experience of the Russian Federation and its regions in the sphere of electoral law for the further improvement of legal regulation of municipal election. The author uses the dialectical, logical and specific methods of cognition (formal-legal and comparative-legal). The author studies judicial practice in this sphere and the scholars’ positions, analyzes and generalized legislative provisions of the territories of the Russian Federation, and detects shortcomings, gaps and contradictions of the legislative acts of particular regions of Russia. The author attempts at formulating the proposals about amending the federal legislation with regard to the federal guarantees.
Citations count: 3
Reference:
Alekseenko A.P., Sonin V.V. —
Peculiarities of China’s legislation on public service
// Administrative and municipal law.
– 2017. – ¹ 8.
– P. 40 - 52.
DOI: 10.7256/2454-0595.2017.8.23855 URL: https://en.nbpublish.com/library_read_article.php?id=23855
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Abstract:
The research subject is the set of provisions of Chinese and Russian legislation regulating relations in the sphere of public service. The authors study the peculiarities of China’s law “On public service” and the related subordinate acts. Special attention is given to the provisions of this law, which would be appropriate to use for the administrative reform in Russia. The authors analyze the provisions of the Chinese legislation concerning entering public service, training public servant and preventing corruption among officials. For the profound study of Chinese legislation, the authors use the comparative-legal and formal-legal research methods, analysis and synthesis. As empirical materials, the authors use reports of mass media. The scientific novelty of the study consists in the fact that it considers the modern China’s legislation on public service and pays attention to the detection of provisions, which could be used by the Russian legislator. Based on the conducted research, the authors formulate recommendations for the improvement of the Russian legislation on public service, particularly, in the sphere of training public officials and their entering on public service.
Citations count: 2
Reference:
Egupov V.A., Loginov E.A., Pogrebnaya Y.K. —
Particularities of the Legal Regulation of the Currency Control in the Eurasian Economic Union
// Administrative and municipal law.
– 2018. – ¹ 2.
– P. 10 - 18.
DOI: 10.7256/2454-0595.2018.2.25739 URL: https://en.nbpublish.com/library_read_article.php?id=25739
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Abstract:
The object of the research is the currency relations arising in the process of currency regulation and control in the Eurasian Economic Union. The authors of the article focus on the relationship between currency regulation and currency control as the whole and the parts and point out the main directions for currency control. They also conclude that currency control is one of the means to guarantee and defend economic intersts of the country. The authors of the article set forth the main tasks and goals of currency control at the modern stage and these are the tasks and goals that need an immediate solution. The authors also emphasize the importance of licensing as the main administrative means of control over banking activity in the fields of currency exchange operations and international economic activity. The main research method used by the authors is the dialectical approach combined with the authors' critical evaluation of imperfections and gaps in the current currency legislation. In addition, the authors have also applied the methods of comparative analysis, deduction, formal logic and others. The authors' special contribution to the topic is their description of the main tasks and targets that need an immediate solution, in particular, bringing the currency and international economic laws of the Russian Federation into compliance with the international treaties of the Eurasian Economic Unioni; preparation of a draft law on currency regulation and currency control. The scientific novelty of the research is caused by the fact that the authors offer their own understanding of currency regulation and currency control as administrative measures to influence international economic relations. At the end of their research, the authors conclude that being part of state currency policy, currency control is an instrument for implementation of protective and regulatory functions of the state that guarantees economic security and economic independence of the state.
Citations count: 2
Reference:
Manin I. —
Polynesian Natural Resource Law Features
// Administrative and municipal law.
– 2023. – ¹ 2.
– P. 90 - 118.
DOI: 10.7256/2454-0595.2023.2.40851 EDN: GNXJXZ URL: https://en.nbpublish.com/library_read_article.php?id=40851
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Abstract:
The object of the study is the relations of nature management in the Polynesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the Polynesian countries: the United States of America (Hawaii, American Samoa, unincorporated territories), the Kingdom of New Zealand (Cook Islands, Niu, Tokelau), the United Kingdom of Great Britain and Northern Ireland (Pitcairn Islands), an Independent State Samoa, the Republic of Kiribati, the Kingdom of Tonga, the Kingdom of Tuvalu, the French Republic (French Polynesia, Wallis and Futuna), the Republic of Chile (Isla de Pasqua and Juan Fernandez). The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. In addition to the traditional, the researcher identifies a new type of property – family ownership of land, distinguishing it from communal, tribal and ancestral, and also draws attention to the inequality of ownership forms and discrimination in this area by the English crown of formally independent states and their citizens. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. This is one of the few scientific publications in the World on the natural resource law of the Polynesian States. The author discusses with foreign scientists, analyzing foreign doctrine and legislation. At the same time, violations are noted in the implementation and implementation of the norms of international maritime law in the Pacific Ocean; the creation by the collective West of natural resource reserves, regulatory legal bases and state mechanisms for the exploitation of the Polynesian environment in case of need (economic need and (or) global conflict).
Citations count: 2
Reference:
Gorian E. —
Institutional Mechanisms of Ensuring the Critical Information Infrastructure Safety in the Russian Federation and Singapore: Comparative Law Analysis
// Administrative and municipal law.
– 2018. – ¹ 9.
– P. 49 - 60.
DOI: 10.7256/2454-0595.2018.9.27762 URL: https://en.nbpublish.com/library_read_article.php?id=27762
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Abstract:
The object of the research is the relations arising in the process of using the national legal mechanism of cybersafety. The subject of the research is the particular legal acts that are issued in the sphere of regulation of critical information infrastructure safety in the Russian Federation and Singapore as well as international standards therein. The author of the article examines institutional mechanisms of ensuring the safety of the critical information infrastructure and analyzes law-making and law-enforcement processes in the sphere of information security. Goryan outlines drawbacks and benefits of the aforesaid national mechanisms and offers suggestions on how to improve the Russian mechanism. In order to obtain valid research results, the author has applied a number of general research methods (structured system analysis, formal law and hermeneutical methods) and special research methods (comparative law and formal law analysis). From the point of view of international standards, the Russian Federation and Singapore demonstrate a relatively high level of critical information infrastructure safety. The drawback of the Russian law is the fact that there is no legal regulation of the process of information network identification as objects and organisations of critical information infrastructure. The peculiar feathre of the Russian mechanism is the multiple number of actors that ensure the critical information infrastructure safety unlike the Singapore mechanism that has only one department. However, the Russian mechanism has such advantanges as the involvement of the service that has special forces and competences as well as procedural means to make a fast reponse to cyber attacks. As a result, the author concludes that there is a need to study and perhaps legally enforce such instruments of critical information infrastructure safety as training and audit of critical information infrastructure actors as it is done in Singapore.
Citations count: 2
Reference:
Obraztsov S.V. —
Peculiarities of administrative responsibility under article 12.25 of the Administrative Offences Code of the Russian Federation
// Administrative and municipal law.
– 2017. – ¹ 7.
– P. 25 - 30.
DOI: 10.7256/2454-0595.2017.7.23621 URL: https://en.nbpublish.com/library_read_article.php?id=23621
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Abstract:
The author analyzes the provisions of Russian administrative legislation related to the issues of imposing responsibility on drivers for not stopping upon the request of a police officer. The author analyzes the situation of intersection of two norms of the Administrative Offences Code: part 2 article 12.25 and part 1 article 19.3. The author concludes about the necessity to introduce changes into the sanction contained in part 2 article 12.25 of the Code thus eliminating the current competition between these norms. The article reveals the peculiarities of administrative responsibility for not stopping upon the request of a police officer. The author uses the formal-logical method and system analysis of the provisions of Russian legislation and comparative jurisprudence. The author formulates two variants of solving the problem of intersection of two articles:
To eliminate part 2 article 12.25 from the Code as a provision repeating part 1 article 19.3 of the Code;
To introduce changes into part 2 article 12.25 of the Administrative Offences Code.
Citations count: 2
Reference:
Gorian E. —
Cybersecurity law of the People’s Republic of China as a key instrument for ensuring information security of the banking and finance system
// Administrative and municipal law.
– 2020. – ¹ 3.
– P. 47 - 55.
DOI: 10.7256/2454-0595.2020.3.32677 URL: https://en.nbpublish.com/library_read_article.php?id=32677
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Abstract:
The object of this research is the legal relations that emerge in ensuring informations security of the banking and finance system of the People’s Republic of China. The work characterizes China’s cybersecurity law, which was enacted in 2017. The author determines the key positions of this statutory act that establishes the foundation for national institutional and normative-legislative mechanism of ensuring information security of the banking and finance sectors as objects of critical information infrastructure. China’s cybersecurity law represents a fundamental piece of legislation that defines the principles, mechanisms and order of ensuring information security. It defines critical information infrastructure through nomenclature of the sectors and indication of criteria for designation of one or another sector as critical information infrastructure. The banking and finance sector meets such criteria, thus ensuring its information security is based on the general positions of this legislation. The law determines the regime of protection of personal data, as well as obligations of network carriers that are included into the institutional mechanism of provision of cybersecurity. All aforementioned facts make China’s cybersecurity law a key legislative instrument of the mechanism of ensuring information security of the banking and finance system.
Citations count: 2
Reference:
Molotov A.V., Ivanov A.V. —
On financial guarantees for former public officials in the regions of the Russian Federation
// Administrative and municipal law.
– 2017. – ¹ 6.
– P. 15 - 26.
DOI: 10.7256/2454-0595.2017.6.23327 URL: https://en.nbpublish.com/library_read_article.php?id=23327
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Abstract:
The research object is social relations in the sphere of creation and implementation of the system of social guarantees for former public officials in the regions of the Russian Federation. The authors consider such aspects of the topic as the guarantees of pension rights of former public officials in the regions of the Russian Federation and the problem of compensation payments to this category of citizens, who have retired on their own volition or upon the expiration of the term of office. Special attention is given to the analysis of the legislation of particular regions of the Russian Federation, which have different approaches to formalization of such guarantees or their particular elements. The research methodology includes general scientific methods of dialectical materialism, generalization and analysis, and specific historical method and the method of comparative jurisprudence. This work is one of the first attempts to study the institution of social guarantees for former public officials in the regions of the Russian Federation with regard to the latest changes in the legislation and law enforcement practice in this sphere. The authors formulate the substantiated and reliable conclusions and proposals about the further improvement of legal regulation of this sphere of social relations.
Citations count: 1
Reference:
Trofimov E.V., Garsia S.D. —
Anti-corruption declaring in public service: comparative legal research in the ethical paradigm
// Administrative and municipal law.
– 2020. – ¹ 6.
– P. 10 - 30.
DOI: 10.7256/2454-0595.2020.6.33600 URL: https://en.nbpublish.com/library_read_article.php?id=33600
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Abstract:
Leaning on the analysis of legal sources of Russia, a number of European and Asian countries, South and North America, this article explores the institution of anti-corruption declaring in public service. The goal consists in substantiation of methodological approaches, which would allow, with a certain degree of accuracy in the context of ethical paradigm, comparing the integral Institution of legal regulation of anti-corruption declaring in different countries, as well as utilizing these approaches in comparative legal research based on Russian and foreign materials for determination of substantial differences that require scientific comprehension and practical response. As a result of the conducted research, the author acquired data on several indicators of trust as an service-ethical purpose for disclosure of personal information by public officials, namely by volume of the disclosed personal information, nature of the source of the declared records, openness of declarations and their verifiability. Foreign declaring traces two main approaches: service-ethical and instrumental. In Russia, the Institution of declaring is of clear instrumental nature, which raises a question of the prospects for implementation of service-ethical approach, first and foremost, with regards to release of declarations of the officials. This question should depend on the actual goals of national policy.
Citations count: 1
Reference:
Manin I. —
Legal regime of subsoil use in Australia
// Administrative and municipal law.
– 2021. – ¹ 2.
– P. 54 - 68.
DOI: 10.7256/2454-0595.2021.2.34270 URL: https://en.nbpublish.com/library_read_article.php?id=34270
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Abstract:
The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.
Citations count: 1
Reference:
Shurukhnova D.N., Bondar' E.O. —
Assessment of reasons for gaining tax benefit by tax payers
// Administrative and municipal law.
– 2017. – ¹ 5.
– P. 1 - 8.
DOI: 10.7256/2454-0595.2017.5.22762 URL: https://en.nbpublish.com/library_read_article.php?id=22762
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Abstract:
The research subject is the analysis of reasons for gaining tax benefit by tax payers as assessed by commercial courts. The authors consider the alternative positions of both the supporters of formalization of the signs of an unfounded tax benefit in the Tax Code of the Russian Federation, and those who think that the formation of law enforcement approaches to this problem can replace the source of law establishing the criteria of negligence and the lack of due prudence. The authors study the circumstances, which can lead to the classification of a benefit as unfounded, and the facts, which, considered individually (without an account for other circumstances), cannot speak for the absence of reasons for a tax benefit. Special attention is given to the problem of the absence of a mechanism of prevention of abuse of rights for the purpose of taxes minimization and obtaining an unfounded tax benefit in the Russian legislation on taxation and revenue. The authors conclude it is impossible to foresee a comprehensive list of criteria, but the legislation must contain a general idea of deliberate acts aimed at unfounded gaining of tax benefit.
Citations count: 1
Reference:
Tkacheva L.V. —
New legal instruments of regulation of economic relations in the Republic of Crimea and the federal city of Sevastopol
// Administrative and municipal law.
– 2017. – ¹ 11.
– P. 21 - 29.
DOI: 10.7256/2454-0595.2017.11.24646 URL: https://en.nbpublish.com/library_read_article.php?id=24646
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Abstract:
The research object is the set of legal relations occurring in the process of using and functioning of new legal instruments of regulation of economic relations via a special administrative and legal regime on the territory of the Republic of Crimea and the federal city of Sevastopol. The research subject is the system of statutory instruments regulating the mechanism if introduction and using of a special administrative and legal regime of a free economic zone on the territory of the Republic of Crimea and the federal city of Sevastopol, and regulating the state control over its implementation. The author uses comparative-legal analysis to estimate different legislative provisions and scientific and methodological aids in the process of studying the specificity of special administrative and legal regimes of economic activity. Based on the assumption that the legislation, regulating economic relations, should promote economic growth and structural transformation of the Russian economy, the author analyzes and systematizes the new legal instruments guaranteeing effective realization of regional and national policy in the business sphere in the regions of their using. The author demonstrates that the measures of regulation of a special legal regime in the Republic of Crimea and the federal city of Sevastopol serve as the key auxiliary instrument necessary for the formation of the economic space of the created free economic zone and oriented to the attraction of foreign investments.
Citations count: 1
Reference:
Loginov A.N. —
On the Question about the Legal Definition of 'Advertisement' and How it Relates to the Term 'Advertising Activity'
// Administrative and municipal law.
– 2019. – ¹ 3.
– P. 1 - 11.
DOI: 10.7256/2454-0595.2019.3.29546 URL: https://en.nbpublish.com/library_read_article.php?id=29546
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Abstract:
The subject of the research is effective legal provisions, explanations of higher courts and law-enforcement practice, explanations of supervisory authorities and research concepts that deal with or are fully devoted to the terms 'advertisement' and 'advertising activity'. The author of the article analyzes definitions, relevance of these terms and make his own suggestions on what should be changed. The researcher particularly focuses on each specific feature of advertisement as these are described by the law. As a result of his research, the author emphasizes the need to amend the current definition of 'advertisement', exclude some features, reform and unify laws and explanations of supervisory authorites on the matter. The methodological basis of the research includes dialectical method, general research methods (analysis, synthesis, comparison) and special research methods (formal law method, systems approach, structural-functional, formal law method, comparative law method). The novelty of the research is caused by the fact that the author offers a new approach to the definition of advertisement that includes a detailed analysis of its special features. The researcher suggests to introduce new laws and change practice of supervisory authorities. The main conclusion of the research is that the current definition of 'advertisement' is out-of-date. The author points out what parts of the definition should be changed and what parts of the definition should be analyzed further to make a final definition. The researcher also emphasizes the need to add a new definition and particular laws concerning adivertisement taking into account current explanations of judicial and supervisory authorities.
Citations count: 1
Reference:
Krylov O.M. —
Money Substitute as a Legal Category
// Administrative and municipal law.
– 2019. – ¹ 6.
– P. 41 - 49.
DOI: 10.7256/2454-0595.2019.6.31342 URL: https://en.nbpublish.com/library_read_article.php?id=31342
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Abstract:
The growing popularity of money substitute is a consequence of impossibility to satisfy social needs (property, rights, etc.) with money only. Giving a short-term positive economic effect, money substitutes compete with state money and disarrange money circulation. Important role in the limitation of money substitutes is played by the legal means which efficient use is possible only if there is a clear definition of the legal category 'money substitute'. At the same time, provisions of the Russian law do not give such a definition and academic community keeps debating over the issue. Money substitute is understood more as a means of payment which limits the scope of its application. To make his research valid, the researcher has applied the comparative law method (to compare the definitions of money and money substitute as well as similar legal categories), logical theoretical methods and others. As a result of the research, the author tries to define the contents of the legal category 'money substitute' form the point of view of the main economic functions they perform. This allows to distinguish this legal category and similar categories and ensures efficient use of legal means that narrow the scope of the use of money substitute.
Citations count: 1
Reference:
Ovchinnikov A.I., Nefedovskii G.V. —
Interaction between church and state in light of constitutional amendment with the mention of “faith in God”
// Administrative and municipal law.
– 2020. – ¹ 5.
– P. 23 - 37.
DOI: 10.7256/2454-0595.2020.5.33318 URL: https://en.nbpublish.com/library_read_article.php?id=33318
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Abstract:
The subject of this research is the constitutional amendment related to mentioning the name of God in the context of interaction between the Russian Orthodox Church and the state in the conditions of establishment of a new postsecular reality. Attention is turned to the new trends in state legal development of Russian and foreign countries, caused by more tolerant and friendly attitude of government institutions to religion. Analysis is conducted on “pros” and “cons” of this amendment from various perspectives: legal values, history of state and law, human rights to liberty of conscience. The objections against this amendment are viewed through the prism of arguments of secularity of the state. Research methodology is based on the axiological, historical and comparative-legal analysis of the problem. The main conclusions consist in the following statements: it is necessary of acknowledge the promptness of constitutional recognition of such value as “faith in God” from the position of the common unifying idea in terms of the Russian federalism; such amendment would contribute to more effective legal regulation of the religious rights and freedoms; it would regulate state-confessional relations; constitutionalization of religious values leads to insurance of human rights to liberty of conscience, as well as protection of the feelings of believers and religious security of the society. Acceptance of constitutional amendment with the mention of “faith in God” is reasonable and timely; and its placement within the Chapter of “Federal Structure” is justified, although in would be more appropriate in the preamble.
Citations count: 1
Reference:
Odoev O.S. —
On the Definitino of Administrative Prejudgement in the Criminal Law of Russia and CIS Countries
// Administrative and municipal law.
– 2019. – ¹ 2.
– P. 1 - 11.
DOI: 10.7256/2454-0595.2019.2.21855 URL: https://en.nbpublish.com/library_read_article.php?id=21855
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Abstract:
In his research Odoev analyzes situations when the law relates particular penal consequences to the prior use of administrative measures. In the theory of criminal law, these situations are called “administrative prejudgement”. On the basis of the scientists' points of view established in the doctrine, as well as the results of the interviews of the law enforcers, the author offers an original definition of administrative prejudgement. In addition, the author makes suggestions about the legal nature of administrative prejudgement and the main features that characterize it. The methodological basis of the research is composed of general research methods (methods of induction and deduction, formalization, generalization, idealization, activity, methods of analysis and synthesis, interviewing, etc.) as well as special research methods (comparative legal, formal legal, sociological and legal and etc.). The main result of the research is that the author proposed an original definition of the concept of administrative prejudgement. In addition, the author came to the conclusion that administrative prejudgement is a kind of the actual composition that is formed from, firstly, from the state of administrative punishment of a person and secondly from the criminal offense committed by that person.
Citations count: 1
Reference:
Tugushev A.K. —
On the concept and classification of customs procedures within the Eurasian economic union
// Administrative and municipal law.
– 2017. – ¹ 7.
– P. 31 - 38.
DOI: 10.7256/2454-0595.2017.7.23550 URL: https://en.nbpublish.com/library_read_article.php?id=23550
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Abstract:
The piece studies theoretical aspects of customs procedures application within the territory of the Eurasian economic union. The research subject is the set of norms, regulating customs procedures, and theoretical provisions of scientific literature on the problem of interpretation of customs procedures, the peculiarities of their application and classification. The purpose of the research is to formulate and to substantiate an alternative definition of the notion of a “customs procedure” and classify customs procedures. The author uses such scientific methods as dialectics, analysis, synthesis, deduction, induction, and the formal-legal and comparative-legal methods. The author concludes that the legal definition of the notion of “customs procedure” is not comprehensive enough. The author proposes his own definition of a “customs procedure”, which is to be understood as the procedure of using and/or operating goods within/beyond the customs territory of the Eurasian economic union, which depends on the purpose of movement of goods and determines the set of tariff and nontariff measures applied to goods, as well as prohibitions and restrictions. The author classifies customs procedures according to such criteria as the intended purpose of a procedure, the direction of movement of goods, territorial restriction, the term of validity of the status of goods, need for a special infrastructure, terms of release and preferences. Theoretical provisions, formulated in the article, are original and can promote the development of administrative and customs law.
Citations count: 1
Reference:
Zanko T.A. —
Analysis of periodicity of amending the regulations on federal executive authorities
// Administrative and municipal law.
– 2017. – ¹ 8.
– P. 14 - 18.
DOI: 10.7256/2454-0595.2017.8.23780 URL: https://en.nbpublish.com/library_read_article.php?id=23780
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Abstract:
Based on the legal statistics methodology, the author analyzes the periodicity of amending the regulations on federal executive authorities. To achieve the research goal, the author systematizes the current regulations on federal executive authorities, calculates average and absolute indexes in different groups of federal executive authorities. The considered indexes characterize the stability level of legal support of federal executive authorities, the quality of strategic planning in defining their legal status. The author uses the formal-legal, structural-functional and statistical methods, which help carry out a complex study of periodicity of amending the regulations on federal executive authorities. As a result, the author detects the average periodicity of amending the regulations on federal executive authorities, which numbers 214 days. The author finds out that the regulations on federal ministries change more frequently than others. The calculations demonstrate that the regulations on federal executive authorities of the “Presidential block” are more stable compared with federal executive authorities, managed by the Government of the Russian Federation.
Citations count: 1
Reference:
Purge A.R. —
Regarding the Need to Extend the Administrative Regulation of Family Relations in Russia
// Administrative and municipal law.
– 2018. – ¹ 8.
– P. 1 - 6.
DOI: 10.7256/2454-0595.2018.8.24751 URL: https://en.nbpublish.com/library_read_article.php?id=24751
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Abstract:
The present article is devoted to the administrative regulation of family relations in the Russian Federation. The aim of imposing administrative responsibility in family relations is to protect the rights and legal interests of all family members in accordance with the law of the Russian Federation. The object of the research is the actual social relations that may arise in the process of state regulation of family and childhood. The subject of the research is the standards of administrative and family law that ensure efficiency of the legal regulation of family relations. In the course of the research Purge has used general research methods (philosophy, logics, gnoseology) as well as formal law approach that allows to define legal terms, classify them, interpret legal acts, etc. The main conclusion made by the author is that there is a certain need to extend the administrative regulation of family relations, in particular, the parent-and-child relations. The theoretical novelty of the research is caused by the fact that the author provides additional arguments that prove the need to reinforce administrative (public law) beginning in the legal regulation of family relations. The practical novelty of the research is caused by the author making suggestions de lege ferenda regarding efficient legal regulation of family relations.
Citations count: 1
Reference:
Kalashnikov S.V. —
Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation
// Administrative and municipal law.
– 2021. – ¹ 3.
– P. 32 - 46.
DOI: 10.7256/2454-0595.2021.3.35915 URL: https://en.nbpublish.com/library_read_article.php?id=35915
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Abstract:
The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.
Citations count: 1
Reference:
Manin I. —
Melanesian States Natural Resource Law Features
// Administrative and municipal law.
– 2023. – ¹ 3.
– P. 23 - 64.
DOI: 10.7256/2454-0595.2023.3.41034 EDN: FGAEFF URL: https://en.nbpublish.com/library_read_article.php?id=41034
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Abstract:
The object of the study is the relations of nature management in the Melanesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Melanesia: the Commonwealth of Australia, the French Republic, the Republic of Vanuatu, the Republic of Fiji, the Solomon Islands, the Republic of Nauru, the Independent State of Papua New Guinea, the Republic of Indonesia. The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects, as well as contractual and directive grounds. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Australian Antarctic territories. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal studies of Melanesia are insignificant, one of the few Russian scientific publications about this Pacific region is presented to your attention, while the available works are largely outdated, and some jurisdictions are covered in the domestic press for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the Solomon Islands in the Russian Federation. At the same time, violations of the implementation and implementation of the norms of international maritime law in the Pacific Ocean by the Melanesian States are noted, as well as cases of the establishment of a national legal regime of Antarctic territories; it highlights not only the seizure of resource bases by the collective West, but also the incorporation of sovereign States, which is a modern form of establishing colonial dependence.
Citations count: 1
Reference:
Bezrukavaya N.I. —
The Subject of Prosecutor Participation in Administrative Proceedings
// Administrative and municipal law.
– 2018. – ¹ 4.
– P. 18 - 25.
DOI: 10.7256/2454-0595.2018.4.26600 URL: https://en.nbpublish.com/library_read_article.php?id=26600
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Abstract:
The author of the article analyzes participation of prosecutor in administrative court proceedings. In her article Bezrukavaya discusses the views of leading academics regarding the subject of prosecutor's supervision. She differentiates between the subject of prosecutor's supervision and the subject of prosecutor participation in court proceedings, defines general and special components of the subject of relevant prosecutor's activity, and touches upon particular features of the subject of prosecutor's participation in individual categories of administrative proceedings as well as that at different stages of court proceedings. The author also gives a list of means of prosecutor's response to violations that may be discovered in the course of proceedings. The research is based on the dialectical research method, and the author also applies the following methods: systems analysis, logical analysis, comparative law analysis. The novelty of the research is caused by the fact that for the first time in the academic literature Bezrykavaya defines the subject of prosecutor's participation in administrative proceedings and defines general and special components thereof. For the first time in the academic literature the author also offers a list of prosecutor's responses to violations that may be discovered during proceedings. As a conclusion, the author emphasizes the theoretical and practical importance of defining the subject of relevant prosecutor's activity and underlines the need to apply means of prosecutor's responses described herein.
Citations count: 1
Reference:
Nesterov A.V., Muromtsev G.I., Vasilenko A.S. —
On the Procedural Role of a Competent Person in Digital Technologies
// Administrative and municipal law.
– 2019. – ¹ 1.
– P. 36 - 41.
DOI: 10.7256/2454-0595.2019.1.28622 URL: https://en.nbpublish.com/library_read_article.php?id=28622
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Abstract:
Scientific and technological progress creates the need in a digital transformation of the society which makes lawyers think about ways of developing necessary laws for the digital environment. A new surge of interest in “artificial intelligence”, systems built on neural networks with in-depth training and blockchain technology provokes discussion about the use of intelligent agents in legal proceedings. The object of the research is the procedural relations arising between the participants in criminal proceedings taking into account technological progress. The object of the research is the procedural relations arising between the participants in criminal proceedings taking into account technological progress. The subject of the research is the laws and acts regulating the organization and activities of participants in criminal proceedings. In this article, on the basis of a systematic approach, the authors consider controversial issues related to the possible transformation of the investigator's specialty into its smart software image as an intelligent agent. The main contribution of the authors to the study of the topic is the assertion that this is an idealistic idea that will never be implemented in the activities of law enforcement and judicial authorities. The main conclusion of the study is the thesis about the need to draw attention to the substantially new training of investigative personnel and judges.
Citations count: 1
Reference:
Nobel A. —
The importance of the principles of proceedings in cases of administrative offenses and the form of their consolidation
// Administrative and municipal law.
– 2022. – ¹ 1.
– P. 10 - 15.
DOI: 10.7256/2454-0595.2022.1.30812 URL: https://en.nbpublish.com/library_read_article.php?id=30812
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Abstract:
The subject of the article is the norms of legislation on administrative offenses: the Code of the Russian Federation on Administrative Offenses, the Constitution of the Russian Federation, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950, regulating the principles of proceedings in cases of administrative offenses. The author carried out a comparative analysis of scientific views on the ways and forms of fixing the principles of proceedings in cases of administrative offenses, as well as the relationship of the concepts of "rule of law" and "legal principle". The methodological basis was made up of general scientific methods of cognition: analysis, synthesis, comparison and private scientific methods of cognition: formal legal, comparative legal. The author notes the special position of the principles of proceedings in cases of administrative offenses as regulatory entities and comes to the conclusion about their importance for the regulation of proceedings in cases of administrative offenses. The article substantiates the position on the need to distinguish between the legal principles of proceedings in cases of administrative offenses, enshrined in the legislation on administrative offenses and the principles of a non-legal nature existing in the science of administrative law. The opinion is expressed that the objectification of the principles of proceedings in cases of administrative offenses in the legislation on administrative offenses is carried out through textual and semantic methods of normative expression.
Citations count: 1
Reference:
Vinnitskiy A.V. —
Continuation of discussion on administrative responsibility of trustee in bankruptcy in light of preparation of the project of new Code of Administrative Offences of the Russian Federation
// Administrative and municipal law.
– 2020. – ¹ 2.
– P. 1 - 18.
DOI: 10.7256/2454-0595.2020.2.31888 URL: https://en.nbpublish.com/library_read_article.php?id=31888
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Abstract:
The subject of this research revolves the around the normative precepts pertaining to administrative responsibility of bankruptcy trustees (Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation) in their systemic relation with other articles of the Code, regulatory norms of legislation on bankruptcy, as well as relevant provision of the legal doctrine. The author studies, generalizes and critically analyzes the vast case law of arbitration courts on the most important issues of administrative responsibility of bankruptcy trustees. The work employs the administrative practice of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The conducted research allows making the following conclusions pertaining to administrative responsibility of bankruptcy trustees: 1) need for introduction of the concept of abuse of the right to initiate administrative prosecution of trustees; 2) impermissibility of the circumvention by the Rosreests authorities of the legislation on state control through the institution of administrative prosecution; 3) impermissibility of the frequently used extended interpretation of the Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 4) reasonableness of clarification of the element of redundancy pertaining to the Part 3 .1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 5) fundamental impermissibility of the “mitigating requalification” of the act from the Part 3.1 to the Part 3 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation. The conclusions are extrapolated to adjoining elements of administrative violations. The author proposes consideration of the discovered general flaws of legal regulation in the context of work being conducted on preparation of the project of new Code of Administrative Offences of the Russian Federation.
Citations count: 1
Reference:
Khalilov G. —
Local Government in the Vertical Division of Power
// Administrative and municipal law.
– 2019. – ¹ 2.
– P. 26 - 35.
DOI: 10.7256/2454-0595.2019.2.22986 URL: https://en.nbpublish.com/library_read_article.php?id=22986
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Abstract:
The article is devoted to the local self-government in the vertical division of power. It is shown that local governments perform control functions directly on the ground and act as a free element from the legal point of view of the mechanism of power. Organization of local government linked with a number of factors and in most cases is due many structural feasibility of administrative-territorial division of the state. Reasonable and legal division of the administrative-territorial units of the state directly influences the activity of local self-government established in these units. These issues are regulated by special laws, taking into account the scale of institutions, demographic, ethnic, social positions and other things. Differences in the distribution of units of administrative and territorial divisions in the certain states also affects to the local government. According to the legislation of the countries, in the local administrative-territorial unit, along with local governments, the activity of the head of the state administration is also noted. This parallelism is not typical for the Republic of Azerbaijan. But in countries with a more democratic legislative system, the right to express disloyalty to the head of the local state administration of the corresponding territorial unit is expressed by a majority of the deputies of local self-government. This shows that in these countries local government is not part of the system of state power, and here the separation of power is fully provided. Unfortunately, due to the state of war, the tendencies of ethnic separatism and for other reasons, the formation of such legislation in the Republic of Azerbaijan was not possible.
Citations count: 1
Reference:
Kravchenko A.G. —
Deformation of the Legal Mentality in Administrative Law-Enforcement State Policy
// Administrative and municipal law.
– 2019. – ¹ 1.
– P. 7 - 16.
DOI: 10.7256/2454-0595.2019.1.28549 URL: https://en.nbpublish.com/library_read_article.php?id=28549
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Abstract:
The article is devoted to the problem of deformation of the legal mentality of officials expressed in the administrative law enforcement policy of Russia. The object of the research is the legal mentality, and the subject of the research is the administrative law enforcement policy reflecting the characteristics of the state of the legal mentality of the Russian law enforcement bureaucracy. The purpose of the research is to examine the phenomenon of deformation of the legal mentality of the law enforcer using the example of a specific rule of law. At the same time, a hypothesis is put forward in the article, tested in the course of the study, according to which the deformations of the legal mentality in law enforcement are caused by spiritual and moral distortions. The methodological basis of the article included general resarch methods (dialectical method, system-structural method, analysis and synthesis) and special research methods: comparative law, formal law, hermeneutical method, axiological, etc. The methodology of the research is based on the analysis of law enforcement activities related to the distortion of the value, logical, semantic and target characteristics of the applicable rule of law under the uncertainty of its official interpretation. The scientific novelty of the research is caused by the following: firstly, consideration of a special form of deformation of the legal consciousness of officials based on formally dogmatic legal thinking, and secondly, the originality of the approach to the methodological understanding of the problem of an objective assessment of the distortion of the value characteristics of the legal mentality in law enforcement. In conclusion, the author formulates conclusions containing generalizations of the research, including theses on the relationship between the legal understanding of the law enforcer and the spiritual and moral matrix of his legal conscience, the presence of interrelated causes of legal deformations and the need to improve the policy of generalizing administrative practices, the legal technique of the legislator as the most real and effective means of countering such distortions.
Citations count: 1
Reference:
Galitskaya N.V. —
Legal regulation of anti-terrorist security: the experience of modern China.
// Administrative and municipal law.
– 2022. – ¹ 3.
– P. 34 - 46.
DOI: 10.7256/2454-0595.2022.3.38509 EDN: THDGUS URL: https://en.nbpublish.com/library_read_article.php?id=38509
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Abstract:
Effective provision of anti-terrorist security of modern Russian society is impossible without knowledge of the legal regulation ensuring such security in other states, especially neighboring "friendly" ones - this hinders the effectiveness of interaction within the framework of international cooperation. It should be noted that this issue is particularly relevant today due to the active military confrontation of the Russian Federation with "unfriendly" states on the territory of Ukraine. In our opinion, the legislative and practical activities of the Chinese authorities can be useful for extrapolating to Russian security problems, especially due to the fact that China is classified as a country with a low level of terrorism, while the Russian Federation is among the countries with an average level of terrorist activity. The article makes a legal analysis of the state regulation of anti-terrorist security of the People's Republic of China. The object of the study is social relations arising in the process of state regulation of counter-terrorism in China. The subject of the study is the legal acts of the People's Republic of China of anti-terrorist orientation. The purpose of the study is identification of useful and effective practices of countering the ideology of terrorism in China for the possibility of subsequent implementation into the legal framework of Russian legislation.
The method of comparative law, the method of analysis and synthesis are employed by the author.
The author studied China's legislation on countering terrorism and came to conclusion about the need to adopt its positive experience in Russia. It is necessary to consider the possibility of creating your own social networks, analogues of foreign ones, it is also worth adopting the experience of creating educational centers for people affected by extremism and terrorism. In order to ensure the rights of citizens in cyberspace and the fight against terrorism, it is possible to use China's experience with user verification when logging on to the Internet.
Citations count: 1
Reference:
Amelin R.V. —
Legal relations in the sphere of creation and use of state information systems
// Administrative and municipal law.
– 2017. – ¹ 9.
– P. 32 - 49.
DOI: 10.7256/2454-0595.2017.9.23803 URL: https://en.nbpublish.com/library_read_article.php?id=23803
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Abstract:
The research subject is the nature of legal relations in the sphere of government control of creation, launching and use of information systems. The author classifies legal relations as those related to the creation of state information systems (creation, launching, use, support, development, decommission) and connected with their use (delivery of information, access to information, use of state information systems), and those connected with the ownership right to state information systems and their components. The author analyzes the object, subject composition and the content of such legal relations. To characterize each group, the author uses the method of generalization. The author concludes that the relations, connected with the creation of state information systems, are of administrative-legal nature. At the same time, the relations if the field of their use are connected with the information inside the information system, and therefore can be classified as information legal relations. The author’s classification and conclusions are fundamentally important for information and administrative law.
Citations count: 1
Reference:
Kurakin A.V., Karpukhin D.V. —
Legal entity’s guilt of violations in financial sphere: formal-legal and law-enforcement aspects of the problem
// Administrative and municipal law.
– 2017. – ¹ 10.
– P. 49 - 65.
DOI: 10.7256/2454-0595.2017.10.24396 URL: https://en.nbpublish.com/library_read_article.php?id=24396
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Abstract:
The research subject is the current provisions of the Administrative Offences Code, the Tax Code, the Budget Code of the Russian Federation, the Federal Law “On the Central Bank of the Russian Federation (the Bank of Russia)”, which establish the concept and the content of legal entity’s guilt for tax, administrative, budget and bank offences, and the interpretative acts of judicial bodies, which contain interpretation of normative directions about guilt for administrative, tax, budget and bank offences. Codified acts, regulating budget and bank segments of the financial sphere, establish three fundamentally different formulations of a question about the evidentiary of admission of guilt of a legal entity for incriminated offences. The uncodified act – the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)”, in fact formulates the definition of a bank offence and contains a comprehensive list of administrative sanctions for the violation of bank legislation. The research methodology is based on the modern achievements in epistemology. The authors use theoretical and general philosophic methods (dialectics, the system method, analysis, synthesis, analogy, deduction and modeling); traditional legal methods (formal logical and interpretational methods, which are used for the analysis of particular content of provisions, establishing the concept and the content of quilt of administrative, tax, budget and bank offences); the comparative method is used to compare normative directions regulating the concept and content of guilt of tax, administrative and budget offences. The authors conclude that the codified acts in the financial sphere (the Tax Code, the Administrative Offences Code, and the Budget Code) contain three concepts of understanding of guilt (subjective, objective and interfacing) of a legal entity for offences, which have been formulated by scholars at the scientific and theoretical level. The chronological framework of adoption of these codes marks the tendency of shift from the subjective concept of guilt to the objective incrimination.
Besides, the provisions of the Administrative Offences Code compete with the provisions of the Federal Law in the issues of regulation of imposition of legal responsibility by the Bank of Russia on credit organizations in accordance with the directions of the Administrative Offences Code and the Federal Law. The authors compare the subjective and objective concepts of guilt of a legal entity for offences in the financial sphere with the real normative models of guilt contained in the codes, and with the normative and casual interpretation, which has formed in judicial practice. The scientific novelty of the study consists in the comparative-legal analysis of normative constructs of guilt of a legal entity for offences in the financial sphere at the level of codified acts and the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and affirmation of an interfacing construct of guilt of a legal entity, contained in the Administrative Offences Code, gravitating toward objective incrimination.
Citations count: 1
Reference:
Grigorev I.V., Kripak M.V. —
Particular Features of Disciplinary Liability of Public Employees for Corruption Offences
// Administrative and municipal law.
– 2018. – ¹ 5.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2018.5.26604 URL: https://en.nbpublish.com/library_read_article.php?id=26604
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Abstract:
The article is devoted to particular problems of the legal regulation of disciplinary liability of state officials in case they violate the anti-corruption law. The authors of the article analyze particular elements of the legal status of officials that are of anti-corruption nature. They outline the problems that relate to a possibility of imposing a punishment on state officials, in particular, dismissal as a result of the loss of confidence. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation regarding bringing state officials to disciplinary liability. The methodological basis of the research included general research methods such as systems analysis and generalisation of normative, scientific and practical guidelines; as well as special research methods, in particular, comparative law method, technical legal method, and etc. The novelty of the research is caused by the fact that it presents an integral research of legal issues that relate to disciplinary responsibility of state officials. One of the most important results of the research is the authors' recommendations on improving the current law on corruption of state officials and analysis of current law enforcement practice on the matter.
Citations count: 1
Reference:
Damm I.A. —
Anti-Corruption Education in Higher Educational Organizations: Basic Trends and Implementation Issues
// Administrative and municipal law.
– 2018. – ¹ 6.
– P. 36 - 48.
DOI: 10.7256/2454-0595.2018.6.26763 URL: https://en.nbpublish.com/library_read_article.php?id=26763
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Abstract:
The subject of the research is the statutory provisions of the Russian Federation legislation on corruption prevention, regulatory and departmental normative legal acts as well as local normative acts that focus on the contents and anti-corruption education procedure. In his research Damm focuses on legal and organising capacities of a higher educational organisation to implement anti-corruption education. The researcher pays special attention at describing successful practices of anti-corruption educational activities oriented at both educational organisation employees and students. In his research the author has used the dialectical research method as well as structured system analysis, formal logic method, and others. The research carried out has demonstrated that educational organisations face difficultis of methodological, legal and organisational nature when they implement anti-corruption education. In his research Damm describes the basic trends of the Siberian Federal University in anti-corruption education of employees and students, defines the key problems and offers his solutions thereto.
Citations count: 1
Reference:
Gorian E. —
Singapore state strategy on development of intellectual property: normative-legal and institutional aspects
// Administrative and municipal law.
– 2020. – ¹ 1.
– P. 10 - 21.
DOI: 10.7256/2454-0595.2020.1.31490 URL: https://en.nbpublish.com/library_read_article.php?id=31490
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Abstract:
The objects of this research is the relations emerging in implementation of state strategy on development of intellectual property in Singapore. The work expounds the significance of normative-legal and institutional elements of state mechanism of protection of intellectual rights in realization of the strategy, The author highlights the key aspects of implementation of the strategy on transforming Singapore into a hub of intellectual property in Asia that determine the coordinative role of the state in this process. Research is conducted on the Intellectual Property Hub Master Plan of 2013, forming the content of state strategy for development of intellectual property in Singapore. The Singapore’s Intellectual Property Hub Master Plan intends close cooperation and interaction between all institutional elements of national mechanism of protection of intellectual rights. The normative framework for implementation of this plan consists in the legislation, which employs international standards in the area of intellectual property. Singapore’s state development strategy is aimed at attaining the leading position in the region and the world by creating the system of alternative settlement of disputes, qualitative and quantitative strengthening of the pull of specialists in the sphere of intellectual property, involvement of private sector, connecting the state to international bases and systems, reexamination of tax breaks and preferences, as well as stimulation of scientific research and proliferation of the experience of strategic planning.
Citations count: 1
Reference:
Chebotareva I.A. —
Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy
// Administrative and municipal law.
– 2020. – ¹ 1.
– P. 22 - 36.
DOI: 10.7256/2454-0595.2020.1.31822 URL: https://en.nbpublish.com/library_read_article.php?id=31822
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Abstract:
The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.
Citations count: 1
Reference:
Markova O.S. —
Common Features of Administrative Offences and Crimes
// Administrative and municipal law.
– 2018. – ¹ 6.
– P. 1 - 8.
DOI: 10.7256/2454-0595.2018.6.26952 URL: https://en.nbpublish.com/library_read_article.php?id=26952
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Abstract:
The subject of the research is the common features attributable to administrative offences and crimes. The author of the article focuses on such features as the social danger (social harm), illegality, guilt, punishability, procedural order and government action. Markova analyzes the positions of academics that studied the issues of correspondence of unlawful acts. The author criticizes the opinions of authors that believe administrative offence not to have the feature of social danger. Markova provides arguments why she believes that most of administrative offences has that feature just like criminal offences. The methodological basis of the research includes general research methods such as analysis, synthesis, induction and deduction. The main research method is the comparative law method that allowed to compare and define common features of administrative and criminal offences. As a result of the research, the author concludes that administrative offences and crimes that interfere with the social relations and disturb established legal order have common features. The primary task of a legislator is to define the place of an unlawful act within the system of the national law that is dictated by objective reasons but not only the will of a legislator. These objective reasons include the social standard of living, legal consciousness and legal culture, customs and traditions of a nation, economic situation in the country, foreign poilcy, etc.
Citations count: 1
Reference:
Averyanova M.I., Gusev A.Y. —
Social security of state civil servants in form of insurance
// Administrative and municipal law.
– 2020. – ¹ 4.
– P. 25 - 44.
DOI: 10.7256/2454-0595.2020.4.32750 URL: https://en.nbpublish.com/library_read_article.php?id=32750
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Abstract:
The subject of this research is the legal norms and law enforcement practice in the area of social security of civil servants trough implementation of insurance mechanism. The object of this research is insurance as a special organizational-legal form of social security of the citizens. A detailed analysis is conducted on the various forms and types of insurance (compulsory and voluntary, social and state), offered by a legislator in social security of this category of employees. Special attention is given to the compulsory state social insurance, its legal nature, peculiarities of medical insurance of civil servants. The scientific novelty consists in carrying out a summarized analysis of the development and current state of legal regulation and law enforcement practice on the questions of establishment and implementation of insurance mechanisms of social security of civil servants. It is determined that the right of civil servants to social security is exercised mostly through implementation of various forms and types of insurance mechanisms of heterogeneous sectoral nature. The compulsory state social insurance is envisaged only with regards to civil and municipal servants, and represents a subtype of compulsory social insurance. There is a need for legalization of this concept by means of introduction of corresponding amendments to social-insurance legislation. Compulsory state insurance also has the key features of social-security relations, which allows viewing it as one of the organizational-legal forms of the system of social security. The author suggests regulating the question of insurance coverage of civil servants on the federal level in case of infliction of harm to their life and health while on service, as well as pass a law on medical insurance of public servants.
Citations count: 1
Reference:
Shilekhin K.E. —
Approach towards classification of the types of legal responsibility
// Administrative and municipal law.
– 2021. – ¹ 3.
– P. 21 - 31.
DOI: 10.7256/2454-0595.2021.3.35436 URL: https://en.nbpublish.com/library_read_article.php?id=35436
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Abstract:
The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.
Citations count: 1
Reference:
Agamagomedova S. —
Administrative and customs procedure: the problem of correlation of the concepts
// Administrative and municipal law.
– 2017. – ¹ 6.
– P. 27 - 34.
DOI: 10.7256/2454-0595.2017.6.23400 URL: https://en.nbpublish.com/library_read_article.php?id=23400
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Abstract:
The research object is the correlation between such concepts as administrative procedure and customs procedure. The concept of customs procedures is one of the key ideas of customs legislation. The author raises the problem of defining the correlation between administrative and customs procedures in the current legislation and fundamental science. To solve this problem, the author singles out the legal and doctrinal concepts of customs procedure and offers positioning these concepts within the formula: administrative procedures – administrative procedures of customs law – customs procedures. The research methodology includes general scientific methods, such as the historical and system methods and analysis and specific methods of jurisprudence, primarily the formal-logical, which allows defining legal notions and detecting their characteristics. The author formulates the provisions about the correlation between the concepts of administrative procedure and customs procedure, raises the problem of their correlation within the legislative framework and fundamental science. The scientific novelty consists in the proposed formula of correlation of these concepts. The author elaborates the classification of administrative procedures in the sphere of customs legislation, which are the varieties of administrative procedures.
Citations count: 1
Reference:
Vinokurov A.Y. —
Involvement of a specialist by a prosecutor during checks of compliance with a law
// Administrative and municipal law.
– 2017. – ¹ 10.
– P. 16 - 23.
DOI: 10.7256/2454-0595.2017.10.24121 URL: https://en.nbpublish.com/library_read_article.php?id=24121
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Abstract:
The research subject is the changes that have been introduced into the Federal Law “On the Prosecution Service of the Russian Federation” dealing with the involvement of specialists by a prosecutor during checks of compliance with laws. The author notes that legislative novels dictate new tasks to prosecutors, since the position of the Constitutional Court has changed the role of bearers of special knowledge and shifted it towards expert and analytical assistance to prosecutors. The author uses various research methods, including the comparative-legal, which help achieve the research tasks. The scientific novelty consists in the fact that the article is the first to study the institution of involvement of a specialist for checks of compliance with laws by prosecutors in the context of the new realia. The author emphasizes that due to the current changes, it is necessary to elaborate new approaches to the application of special knowledge in prosecutors’ work. It requires serious scientific consideration.
Citations count: 1
Reference:
Kurakin A.V., Karpukhin D.V., Ostroushko A.V., Merkushova O.V. —
The Problems of the Legal Improvement of Protection of Children From Inducement to Suicide
// Administrative and municipal law.
– 2018. – ¹ 3.
– P. 10 - 26.
DOI: 10.7256/2454-0595.2018.3.26282 URL: https://en.nbpublish.com/library_read_article.php?id=26282
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Abstract:
The subject of the research is the effective provisions of the Federal Law No. 149 On Information, Information Technologies and Information Protection of July 27, 2006. The aforesaid provisions define the kind of information that could be harmful for children, and establish the procedure of applying enforcement measures for distribution of such information. Legal acts of the Ministry of Education and Science of the Russian Federation recommend measures for parents to avoid distribution of harmful information among minors. These are the issues that constitute the subject of the present article. The methodological basis of the research involves recent achievements and findings of science. The authors of the article have applied theoretical methods and methods of philosophical research (dialectics, analysis, synthesis, analogy, deduction) and traditional law methods (formal logic to analyze the contents of the aforesaid provisions). The main conclusion made by the authors as a result of their research is that measures of parental and pedagogical control considerably outstrip criminal penalties for inducement to suicide on the Internet. The main contribution made by the authors of the article is their soundly based and legal research of the mechanisms of state and social control for the purpose of developing a single algorithm of interaction between competent powers and social institutions aimed at prevention of Internet suicidal threats. The novelty of the research is caused by the fact that the authors offer an integral approach to the problem of teenager suicide by analysing legal measures and developing institutions of social control (parents and teachers) as well as scales and indicators that can be used to establish a single approach paper that would integrate all forms of control for ensuring child security on the Internet.
Citations count: 1
Reference:
Zeinalov F.N. —
The Need to Improve the Legal Status of a Cyclist as a Participant of Road Traffic
// Administrative and municipal law.
– 2018. – ¹ 10.
– P. 1 - 5.
DOI: 10.7256/2454-0595.2018.10.27426 URL: https://en.nbpublish.com/library_read_article.php?id=27426
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Abstract:
The subject of the research is the legal relations in road traffic safety. The object of the research is the social relations arising between drivers of vehicles, motorbikes, cycles, and executor of law. The aim of the research is to analyze the legal base that regulates the status of cyclists in cases when they are prescribed to move along the traffic way. The author analyzes the regulations and laws that confirm the movement of cyclists in aforesaid cases, experience of the foreign states in the legal confirmation of cyclist movements, and historical aspect of the legal regulation of the matter. The author pays attention to the contradictions of the current Rules and emphasizes the need to make amendments thereto. The methodological basis of the research includes philosophy, fundamental provisions of the theory of law and statehood, generalisation of practical experience and application of the methods of logical and system analysis. The scope of the application of the results covers law-enforcement activity of law bodies, educational process, and research activity on road traffic safety issues. The novelty of the research is caused by the practical and theoretical importance of the law enforcement issues related to the road traffic safety as well as the need to improve the legal mechanism of classification of administrative offences in this sphere. In conclusion, the author suggests to make amendments to the Road Traffic Rules of Russia and reduce the number of conflict points between road traffic participants by obliging cyclists to perform a safe crossing of the driveway and to dismount from a cycle when passing through road crossings that do not have ways for pedestrians and cyclists.
Citations count: 1
Reference:
Purge A.R. —
Administrative Procedure for Marriage Registration in the Russian Federation and Some Islamic Countries
// Administrative and municipal law.
– 2018. – ¹ 10.
– P. 16 - 28.
DOI: 10.7256/2454-0595.2018.10.27865 URL: https://en.nbpublish.com/library_read_article.php?id=27865
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Abstract:
This article is devoted to the legal regulation of the administrative procedure for marriage registration in the Russian Federation and some Islamic countries. The author pays special attention to the description of the conditions for marriage registration and comparative analysis of these conditions in Russia and Islamic countries. The object of the research is the actual social relations arising as a result of marriage registration in the Russian Federation and some Islamic countries. The subject of this research is the legal provisions of administrative, family and civil law that ensure efficiency of the legal regulation of the aforesaid relations. In the course of the research the author has used general research methods (philosophy and logics) as well as comparative law and formal law approaches that allow to create a legal definition and carry out a comparison thereof. The main conclusion fo the research is that it is possible to extend conditions for marriage registration in a particular Russian Federation constituent in accordance with religious traditions of individuals inhabitting the territory. The theoretical novelty of the research is caused by the fact that the author carries ot a comparative anlaysis of the legal provisions of the Russian Federation and Islamic countries that regulate the aforesaid relations. The practical novelty of the research is caused by the fact that the author makes particular suggestions regarding the legal regulation of the marriage registration in the Russian Federation taking into account the experience of Islamic states.
Citations count: 1
Reference:
Svechnikova V.V. —
Evolution of Legal Regulation of State Accreditation of Educational Activities in Russia
// Administrative and municipal law.
– 2022. – ¹ 4.
– P. 34 - 50.
DOI: 10.7256/2454-0595.2022.4.39233 EDN: MXNTDC URL: https://en.nbpublish.com/library_read_article.php?id=39233
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Abstract:
Education provides opportunities for self-realization and development of talents, that is, ensures the achievement of the corresponding national development goal. Therefore, control over the quality of education should be brought to a new level, taking into account the concept of the ongoing reform of control and supervisory activities and information technology development. In this paper, the author, based on the historical-legal and formal-legal method, offers the author's approach to the periodization of the legal regulation of accreditation as a form of control over the quality of education. The author notes that the modern model of quality control of education is based on the assessment of the performance of accreditation indicators and is the result of the evolution of quality control of higher education in Russia. In general, the development of legal regulation of accreditation in the field of education includes, according to the author, 4 stages: "The formation of certification and accreditation as interrelated forms of control" (1987-2007); "Unification of certification and accreditation procedures" (2007-2010); "Improvement of state accreditation procedures. Introduction of accreditation expertise" (2010-2021); "Addition of state accreditation with accreditation monitoring tools" (2021–present). It is revealed that accreditation monitoring is becoming a new form of control activity, which is systematic. Additionally, within the framework of the conducted research, the author has developed some proposals for improving the legal regulation of accreditation monitoring.
Citations count: 1
Reference:
Lapin A.V. —
Improving the System of Technical Rate Setting as a Mandatory Condition of State Industrial Growth Policy
// Administrative and municipal law.
– 2018. – ¹ 10.
– P. 43 - 51.
DOI: 10.7256/2454-0595.2018.10.27969 URL: https://en.nbpublish.com/library_read_article.php?id=27969
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Abstract:
The subject of this article is the administrative relations that arise in the process of standartization and technical regulation. The object of the research is the system of technical standartization. The author of the article provides an insight into the development of the Russian system of technical standartization as an element of the institution of administrative law. The results of the analysis of applicable legislation on standartization and technical regulation prove the factt that the system of technical standartization has contradictory provisions and lacks logical approaches to the definition of association between participants of these relations under the conditions of globalization of technological processes and product manufacture of products. Lapin gives arguments that prove the need in regulation of the system of technical regulation and its legal administration for the development and evaluation of technological changes and industrial growth in economic sectors. The methodological basis of the research implies the latest achievements in the theory of knowledge. In the process of the research the author has also applied general philosophical methods, systems analysis, expert analysis, event analysis and traditional legal methods (formal law and comparative law methods) as well as structural and statistical analysis. The novelty of the research is caused by the fact that the author gives recommendations on how to develop the system of technical standartization based on the improvement of the law on standartization and technical regulation that implies administrative law regulation of the technical standartization system of our country based on the single federal law that should combine two applicable laws, Law on Standartization of the Russian Federation and Law on Technical Regulation.
Citations count: 1
Reference:
Lapina M.A. —
Legal aspects of the system of organization of public administration of the territories in the Russian Federation
// Administrative and municipal law.
– 2020. – ¹ 2.
– P. 26 - 38.
DOI: 10.7256/2454-0595.2020.2.32443 URL: https://en.nbpublish.com/library_read_article.php?id=32443
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Abstract:
The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.
Citations count: 1
Reference:
Amelichkin A.V. —
On the legal problems of operation of highly automated vehicles in road traffic
// Administrative and municipal law.
– 2021. – ¹ 3.
– P. 59 - 73.
DOI: 10.7256/2454-0595.2021.3.35319 URL: https://en.nbpublish.com/library_read_article.php?id=35319
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Abstract:
The subject of this research is the system of legal relations in area of ensuring road safety in terms of operation of highly automated vehicles on public roads. The object of this research is social relations arising in the context of operation of highly automated vehicles traffic on public roads. The goal of this article consists in examination of the normative legal framework that regulates the peculiarities of operation of highly automated vehicles, as well as in development of recommendations for improving the normative legal framework. The author explores the issues of normative legal regulation of operation of highly automated vehicles on public roads. Special attention is given to the current issues of legal nature. The novelty is defined by the need to improve legal mechanism for the operation of highly automated vehicles on public roads. The author identifies the problems and offers solution on enhancing road safety in terms of operation of highly automated vehicles on public roads for protecting the road users. The conclusion is made on the need to revise the normative legal acts in the area of ensuring road safety for the purpose of achieving a positive result from implementation of highly automated vehicles into road traffic. The acquired results can be used in the legislative activity of government authorities, law enforcement practice, educational process of the educational institutions, scientific research of the experts on ensuring road safety, improvement of the branches of the Russian legal system.
Citations count: 1
Reference:
Kuleshova I.Y. —
Problems of effectiveness of administrative responsibility assignment for the violation of advertising regulations
// Administrative and municipal law.
– 2017. – ¹ 3.
– P. 41 - 49.
DOI: 10.7256/2454-0595.2017.3.21381 URL: https://en.nbpublish.com/library_read_article.php?id=21381
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Abstract:
The paper studies the legal nature of administrative responsibility of subjects of advertising for the violation of advertising regulations and the problems of its effectiveness in relation to each of the subjects. The author proves the necessity to extend the list of administrative punishments for inappropriate advertising and to tighten responsibility in terms of ensued negative impact on the advertisement consumers. The author offers two ways of the current advertising regulations improvement and harmonization. Such an approach can promote improvement of the quality of legal regulation of social relations in the sphere of advertisements production and dissemination. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to guarantee law and order in the sphere of advertising, it is necessary to optimize the quality of administrative instruments applied to the subjects producing and disseminating inappropriate advertising. The author formulates the new version of the article of the Administrative Offences Code of the Russian Federation establishing responsibility for inappropriate advertising.
Citations count: 1
Reference:
Alkhutova E.Y. —
Peculiarities of coordination work of modern prosecution agencies
// Administrative and municipal law.
– 2017. – ¹ 4.
– P. 69 - 76.
DOI: 10.7256/2454-0595.2017.4.22309 URL: https://en.nbpublish.com/library_read_article.php?id=22309
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Abstract:
The research subject is the problem of correlation between coordination and interaction with law enforcement and controlling bodies in the work of a prosecutor; the peculiarities of the work of prosecution agencies aimed at the coordination of control and supervision over business entities, local authorities and their officials, public authorities of territorial units of the Russian Federation and their officials. The author considers and analyzes the changes in the legislation in regard to empowering prosecution agencies with new coordination responsibilities, in addition to the coordination of the work of law enforcement agencies aimed at the struggle against crime. The research methodology is based on the general scientific method of cognition; the author applies the comparative and the system-structural methods and logical analysis. The author concludes that legislative novels should lead to the changes in law enforcement practice. Taking into account the essence of prosecution agencies’ coordination of law enforcement agencies’ work aimed at the struggle against crime, and the recent changes in the legislation, the author outlines other directions of the activities of prosecution agencies, aimed at coordination, which can be considered as the coordination work of prosecution agencies.
Citations count: 1
Reference:
Lokhmanov D.V. —
Administrative and jurisdictional activities of the Federal Antimonopoly Service of the Russian Federation in the banking sector
// Administrative and municipal law.
– 2017. – ¹ 6.
– P. 114 - 122.
DOI: 10.7256/2454-0595.2017.6.23105 URL: https://en.nbpublish.com/library_read_article.php?id=23105
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Abstract:
The article studies administrative and jurisdictional activities of the Federal Antimonopoly Service (FAS) of Russia in the banking sector. State antimonopoly policy in the banking sector is one of the most important mechanisms guaranteeing the achievement of socio-economic goals in the social life. The author considers the process of interaction between the FAS of Russia and credit organizations; reveals the problem of reporting wrong information by credit organizations upon the requests from the antimonopoly authority, and the problem of inconsistency of the conditions about the full value of a credit with the Federal law of 21.12.2013 No 353 “On consumer credit (loan)” and the Decision of the Plenum of the Supreme Commercial Court of the Russian Federation No 58 of 08.10.2012. The research methodology is based on the modern achievements in epistemology. The author uses general philosophical and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological researches (statistical, expert evaluations, etc.). The author concludes that the FAS of Russia and the Bank of Russia should develop joint statutory instruments in order to formulate the concept and the list of banking services and the procedure of calculation of the production cost of a unit of banking service (and/or an analogous indicator), and formalize the peculiarities of credit services advertising with account for the position of the Supreme Commercial Court of the Russian Federation. The scientific novelty of the study consists in the proposals about the improvement of administrative and jurisdictional activities of the Federal Antimonopoly Service of Russia.
Citations count: 1
Reference:
Koryachentsova S.I. —
Separate aspects of prosecutorial supervision over the urban development legislation and restitution for damages caused by urban development decisions
// Administrative and municipal law.
– 2020. – ¹ 4.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2020.4.32596 URL: https://en.nbpublish.com/library_read_article.php?id=32596
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Abstract:
This article makes an attempt to describe the peculiarities of regulation of urban development decisions and management in the sphere of urban development, as well as determine contradictory mechanisms of protection of the rights of landholders through restitution for damages in terms of modification of a number of urban development documents. The subject of this article is the theoretical and legal grounds of the activity of prosecutorial authorities in supervising the execution of laws in the sphere of urban development. The object of this research is the legal relations established in the process of organization and realization of prosecutorial supervision in the indicated sphere. The goal consists in the analysis of correspondence of legislation in the sphere of urban development based on the existing theoretical provisions of organization and realization of prosecutorial supervision. The author used the method of analysis of the documents and official materials, determination of peculiarities in the area of land management and urban development, taking into account normative regulation of the documents of land use planning. The scientific novelty consists in the proposed formulation of substantiated recommendations on the unified legislative regulation of the questions of restitution for damages to landholders as one of the mechanism of protection of rights of the proprietors in terms of modification of a number of urban development documents. It is underlined that the prosecutors should account the shortcoming made by the authorities of urban development administration in implementation of the functions on elaboration of the documents of land use planning. The author gives recommendations to the prosecutors that can be applied in evaluating the lawfulness of such documents. In conclusion it is noted that despite the dynamic development of Russian legislation, there is currently no effective means for protection of rights of the landholders in terms of modification of the documents of urban development zoning, which acknowledges the need for further improvement of legislation in this sphere.
Citations count: 1
Reference:
Kulakov N.A. —
Administrative status of organizations performing collective management of intellectual rights
// Administrative and municipal law.
– 2017. – ¹ 5.
– P. 44 - 52.
DOI: 10.7256/2454-0595.2017.5.22402 URL: https://en.nbpublish.com/library_read_article.php?id=22402
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Abstract:
The paper studies the peculiarities of administrative status of non-profit organizations performing collective management of author's and associated rights. The research subject is the set of normative acts establishing the range of authorities of organizations performing collective management of author's and associated rights in the Russian Federation. The purpose of the research is the comparative analysis of administrative status of organizations, performing collective management of author's and associated rights, and public authorities responsible for administrative protection of intellectual property. The research methodology is based on dialectics, analysis, synthesis, deduction, the formal-logical method, the comparative-legal method and the method of intersectoral legal studies. The author concludes that the accredited organizations, performing collective management of author's and associated rights, according to their administrative status, are one of the subjects of administrative protection of intellectual property. Despite their non-state status, via accreditation, these organizations get functions, which in fact are public-law functions aimed at intellectual property protection. The author formulates the set of proposals about amending the legislation, which, in the author’s opinion, would improve the effectiveness of accredited organizations, responsible for collective management of intellectual and associated rights, and would help reduce the impact of corruptogenic factors on this sphere of activity.
Citations count: 1
Reference:
Gorian E. —
Labor inspection in a legal mechanism of the struggle against child labor: international standards
// Administrative and municipal law.
– 2017. – ¹ 5.
– P. 9 - 21.
DOI: 10.7256/2454-0595.2017.5.22854 URL: https://en.nbpublish.com/library_read_article.php?id=22854
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Abstract:
The research object is the struggle against child labor. The author outlines the peculiarities of a legal mechanism of child labor elimination via the involvement of employers and their associations, social organizations and labor unions. The author studies international recommendations and the tendencies of involvement of labor inspectors, and the aspects of their interaction with employers and labor unions in the mechanism of child labor prevention. The author emphasizes the coordinating role of international organizations in the elimination of child labor, particularly in informal sectors of the economy. To acquire the most reliable scientific results, the author uses the range of general scientific methods (system-structural, formal-logical and hermeneutical) and specific legal methods of cognition (comparative-legal and formal-legal). They are used as a complex. Labor inspectors play a significant role in the elimination of child labor. They are entitled to hold inspections and oblige employers to meet international standards in child labor elimination. Nowadays, the role of labor inspectors has transformed from a merely controlling to coordinative. They can make tangible contribution to the elimination of child labor in informal sectors of the economy. The tripartism principle, typical for the international regulation of labor, is being implemented with the help of labor inspectors.
Citations count: 1
Reference:
Vronskaya M.V., Krivtsova K.E. —
The 'Far Eastern Hectare' Legal Regime: Important Regulation and Implementation Issues
// Administrative and municipal law.
– 2018. – ¹ 11.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2018.11.28105 URL: https://en.nbpublish.com/library_read_article.php?id=28105
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Abstract:
The subject of the research is the legal regulation of the Far Eastern lands that are granted based on the rental and lending right. The object of the research is the actual problems that may arise in the process of regulation and implementation of the Far Eastern Hectare state policy. The authors examine such aspects of the topic as the absence of a proper control over observation of land regulations, imperfection of the To the Far East federal information system, vast 'grey zones' that do not allow to give out land pieces, absence of particular criteria when re-issuing a freehold land, and the problem of property pieces that have never been registered before. The methodological basis of the research involves general and special research methods such as analysis, induction, comparison, hermeneutical and dogmatic analysis. This is the first time when the gratuitous use institution is studied by a law researcher through the analysis of the law on the Far Eastern hectare which proves the novelty and importance of the research. In the course of their analysis of the Far Eastern hectare law, the authors raise important problems that may arise in the process of its regulation and implementation and offer their solutions, in particular: 1. To amend the laws regulating the use land resources of intended purposes by conducting routine inspections by competent authorities half a year; 2. To set forth criteria for purchasing a land piece at the end of a five-year term of the land use, or to apply the principle of the payable land use and to make necessary amendments to the provisions of a special law; 3. To increase the term of inspection of a land piece up to 60 calendar days; 4. to take measures to cover 'grey zones' that would allow to uncover more unoccupied land pieces.
Citations count: 1
Reference:
Zajkova S.N. —
The complexity of ensuring safety in inland waterway transport
// Administrative and municipal law.
– 2023. – ¹ 4.
– P. 65 - 79.
DOI: 10.7256/2454-0595.2023.4.43672 EDN: VTRRIQ URL: https://en.nbpublish.com/library_read_article.php?id=43672
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Abstract:
Legal analysis of inland waterway transport security and transport safety is of theoretical and practical importance. The following issues are relevant: uniform interpretation of the terms used in the Russian legislation what concerns ensuring security, in general, and transport industry, in particular; systematizing multiple entities aimed at providing and participating in the protection and defence of river transport facilities and infrastructure; improving preventive mechanism of protection from unlawful interference acts. The growth of accident rate entails the need to refine the current administrative law mechanism. The research goal is an attempt to work out proposals aimed at improving protection effectiveness of river traffic of passengers and hazardous goods. The objectives of the research are to conduct a legal analysis of the legal framework designed to ensure the safety of inland waterways and transport safety on inland water transport; to systematize a variety of definitions used while regulating safety issues.
Based on the analysis, the author singled out the following types of inland waterway transport security: navigation security, and security of inland waterways and their infrastructure. The fact there are no legal norms regulating transport security in the Inland Water Transport Code of the Russian Federation testifies to the lack of both comprehensive security and the stipulated legal mechanism that can be used to protect this type of transport from various types of threats, including acts of unlawful interference. In order to boost the security of vessels and river ports, the author suggests to add the transport security passport of a ship to the documented system of measures used to manage ship security; to review the mandatory requirements established to ensure the safety and transport security of vessels in order for such demands not to overlap and not to impose unreasonable burden on business entities; to compare control and supervision activities on inland water transport by objects of protection in terms of navigable hydraulic structures.
Citations count: 1
Reference:
Gorian E. —
Personal data security in PRC: vectors of improving legal regulation in the financial and banking sector
// Administrative and municipal law.
– 2021. – ¹ 5.
– P. 15 - 32.
DOI: 10.7256/2454-0595.2021.5.36237 URL: https://en.nbpublish.com/library_read_article.php?id=36237
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Abstract:
The object of this research is the legal relations in the sphere of regulation of personal data security in the financial and banking sector of the People's Republic of China. The characteristics is given to the current legislation of China (Civil Code, Personal Information Protection Law, and Cybersecurity Law), existing or draft bylaws in the field of personal data security. Attention is given the second revision of the draft law on personal information protection, as well as determination of the institutional mechanism for ensuring personal data security. The article examines the peculiarities of regulation of relations in the sphere of ensuring personal data security in the financial and banking sector, as well as characterizes the role of the financial regulator in this mechanism. The development of the mechanism for personal data protection is at completion stage; besides the adoption of the Civil Code of the People's Republic of China, which establishes the framework for regulation, two of the three special laws – Personal Information Protection Law and Cybersecurity Law – have already been adopted. The flagship law on Personal Information Protections is expected to be adopted by 2021. The aforementioned laws encompass all spheres of information security and ensure strong data protection regime: outline the scope of regulation, objects and subject composition, responsibility, and institutional control mechanism. The legal regime covers such aspects of relations as personal data of deceased persons, persons with reduced capabilities (due to age and health), as well as transnational data transfer. At this point, the financial and banking sector features a number of bylaws that set strict standards for ensuring personal information protection. The leading role in this mechanism is played by the financial regulator – the People's Bank of China. The standards adopted by the People’s Bank of China require further examination, which would allow formulating recommendations for the improvement of the Russian legal system.
Citations count: 1
Reference:
Alekseenko A.P. —
Government control of on-exchange trading in China
// Administrative and municipal law.
– 2017. – ¹ 9.
– P. 10 - 19.
DOI: 10.7256/2454-0595.2017.9.24053 URL: https://en.nbpublish.com/library_read_article.php?id=24053
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Abstract:
The research subject is the set of provisions of the legislation of China regulating the relations in the sphere of government control of on-exchange trading. Since the control of on-exchange trading mainly consists in the control of the creation of various exchanges, the author considers the types of Chinese entities, which have the right to organize on-exchange trading, and their features. For this purpose, the author analyzes the laws of China and subordinate statutory acts connected with the creation of exchanges and trading platforms. To study the legislation of China, the author uses comparative-legal, descriptive and formal-legal research methods, analysis and synthesis. The scientific novelty of the study consists in the systematization of subjects, which have the right to organize on-exchange trading in China. The author describes the characteristic features of stock and futures exchange and trading platforms. Based on the analysis of the Chinese legislation, the author defines the significant criteria for the creation of the system of government control of on-exchange trading. The author formulates the directions of the legislation improvement.
Citations count: 1
Reference:
Baldina A.S. —
On the issue of introduction of qualification criteria for inspectors of federal supervisory bodies of executive authorities
// Administrative and municipal law.
– 2017. – ¹ 10.
– P. 41 - 48.
DOI: 10.7256/2454-0595.2017.10.24275 URL: https://en.nbpublish.com/library_read_article.php?id=24275
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Abstract:
Professional performance of tasks and functions, imposed on government bodies, by public servants should be considered as the key prerequisite of effective performance of a certain type of government service. High proficiency of inspectors of federal supervisory bodies of executive authorities is an important condition of effectiveness of supervisory activity. The research subject of this article is the topical question about the possibility to introduce qualification criteria for inspectors of federal supervisory bodies of executive authorities. Special attention is given to the legal status of inspectors of such bodies. The research methodology is based on general scientific methods (analysis, induction, deduction) and specific research methods (formal-legal, comparative-legal), which are traditionally used in Russian jurisprudence. The author concludes that the problem of introduction of qualification criteria for inspectors can be solved only in the context of system optimization of supervisory bodies and their powers and significant reduction of forms of supervisory activities. The author defines general qualification criteria, which are proposed to be considered as elements of the general legal status of inspectors of federal supervisory bodies of executive authorities, which perform supervisory duties.
Citations count: 1
Reference:
Malinenko E.V. —
Regarding Unification of Constitutions and Regulations of the Russian Federation Constituents and Constitution of the Russian Federation in Local Government Matters
// Administrative and municipal law.
– 2019. – ¹ 3.
– P. 28 - 35.
DOI: 10.7256/2454-0595.2019.3.29524 URL: https://en.nbpublish.com/library_read_article.php?id=29524
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Abstract:
In this article Malinenko carries out research that contributes to the reinforcement of local government based on the analysis of constitutions and regulations of the Russian Federation constituents. The subject of the research is the legal norms and provisions set forth by the Constitution of the Russian Federation, constitutions and regulations of the Russian Federation constituents, and their practical implementation. The object of the research is the social relations arising in the process of unification of constitutions and regulations of the Russian Federation constituents as well as Constitution of the Russian Federation in local government matters. The aim of the research is to analyze legal provisions that regulate local government in the Russian Federation. The methodological basis of the research includes general research methods, special attention is being paid to the dialectical method of analysis of state legal and social phenomena. The researcher has applied general research methods as well as formal law and comparative law methods. The result of the research is the classification of constitutions and regulations of the Russian Federation constituents that contribute to the development of local government trends. The novelty of the research is caused by the classification of constitutions and regulations of the Russian Federation constituents as well as emphasis on the need to unify these constituents and regulations regarding local government. According to the author, the classificaiton offered may contribute to the development of municipal units in practice and provide tools of efficient development of municipal units including advanced development territories in the theory of constitutional law.
Citations count: 1
Reference:
Zeinalov F.N., Gubenkov O.E., Mikhaleva I.S. —
On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test
// Administrative and municipal law.
– 2020. – ¹ 2.
– P. 19 - 25.
DOI: 10.7256/2454-0595.2020.2.32131 URL: https://en.nbpublish.com/library_read_article.php?id=32131
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Abstract:
The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.
Citations count: 1
Reference:
Damm I.A., Ron'zhina O.V. —
Burning problems of the procedure of informing about the situation of the conflict of interest by the head of a municipal unit and a city district
// Administrative and municipal law.
– 2017. – ¹ 3.
– P. 11 - 21.
DOI: 10.7256/2454-0595.2017.3.22334 URL: https://en.nbpublish.com/library_read_article.php?id=22334
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Abstract:
The paper studies Russian statutory instruments regulating the procedure of conflicts of interest prevention and management by the head of a municipal unit and a city district. The authors consider such aspects of the topic as the formalization of the responsibility of the head of a municipal unit to inform about personal interest in official duties, which causes or can cause the conflict of interest, and the problems of performance of such a responsibility. Special attention is paid to the analysis of the possible directions of development of federal legislation related to the procedure of informing about the conflict of interest by the highest officials of municipal units and city districts. The authors apply the dialectical method of cognition, and the system-structural, formal-logical and other methods. The authors conclude about the lack of normative formalization of the procedure of reporting about the conflict of interest by the highest officials of municipal units and city districts. The official (body), which should be informed, the terms, the form, the procedure, and the results of consideration of such reports haven’t been regulated. At the same time, the failure to perform such a responsibility is the reason for the resignation of the highest official of a municipal unit or a city district. The authors consider different variants of possible behavior of the highest official of a municipal unit or a city district in case of the situation of the conflict of interest, and offer the ways to eliminate this legal gap.
Citations count: 1
Reference:
Averyanova M.I. —
Legal regulation of social services in the regions of the Russian Federation
// Administrative and municipal law.
– 2017. – ¹ 6.
– P. 35 - 49.
DOI: 10.7256/2454-0595.2017.6.22959 URL: https://en.nbpublish.com/library_read_article.php?id=22959
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Abstract:
The research subject is the set of legal provisions regulating the peculiarities of social services in the regions of the Russian Federation in the context of reforming the legislation in the sphere of social services. The purpose of the study is to analyze the set of problems in the sphere of legal regulation of social services on the regional level. The study is based on the legislative acts in the sphere of social services of Arkhangelsk, Ivanovo and Nizhny Novgorod regions. Special attention is given to the types of social services in these regions and to the problem of establishment of the charge for social services. The author applies system analysis and the comparative legal method of scientific cognition. The scientific novelty of the study consists in the complex legal analysis of the legal provisions of the federal and regional legislation in the sphere of social services; in the comparison of legal regulation of social services in Russian regions, and in the development of recommendations and proposals about the further improvement of social legislation in Russia. The results of the research can be used in the law making activities of federal and regional authorities aimed at the improvement of legal regulation of social services, and in research activities.
The author formulates the following proposals:
1) Some services, offered in the regions of the Russian Federation in the sphere of social welfare, are the same as social services, which should be guaranteed by regional authorities in accordance with other provisions in the sphere of social welfare (particularly, in the sphere of health protection and healthcare delivery) and the provisions of other branches of law (for example, in the sphere of education). This fact proves a complex and intersectoral nature of social services;
2) It is necessary to formalize not an approximate but a minimal list of social services on the federal level according to the types of social services with an opportunity to extend this list on the regional and municipal levels;
3) It is necessary to formalize on the federal level the methodological recommendations for the detection of persons who need social services, containing particular measures, which would help reveal such persons.
Citations count: 1
Reference:
Lukashevich S.V., Yashnova S.G. —
Transportation of Passengers by Vehicle Transport: New Rules for Transportation of Children
// Administrative and municipal law.
– 2018. – ¹ 1.
– P. 30 - 36.
DOI: 10.7256/2454-0595.2018.1.25531 URL: https://en.nbpublish.com/library_read_article.php?id=25531
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Abstract:
The subject of the article is the effective Traffic Laws, provisions of the Code of the Russian Federation on Administrative Offenses, State Standards that regulate the rules for transportation of children, definition, features and types of child restraint, and interpretative acts of judicial authorities that interpret regulatory prescriptions of child restraint. The aim of the article is to define difficulties that may arise in the process of applying new rules for transportation of little passengers. Starting from July 2017, The Traffic Laws set forth a new criterion for classification of child restraint which is the height of a child. However, there is no definition of 'child restraint' in The Traffic Rules and there is no such criterion as a child's height in the current classification of child restraint. The methodological basis of the research includes recent theoretical findings and concepts. In the process of the research the authors have used theoretical, general philosophical, traditional legal research methods, and comparison that was used to compare regulatory provisions that regulate the definition and features of child restraints. The main conclusion made by the authors is that the latest amendment to The Traffic Rules provide a clear notion of what restraints can be used to transport little passengers. The main contribution made by the authors is the substantiation of these amendments made in Part 3 of Article 12.23 of the Code of the Russian Federation on Administrative Offenses and Subclause 1.2, 2.1.1 of The Traffic Rules. The novelty of the research is caused by the fact that the authors carry out a comparative law analysis of changes and amendments made to The Traffic Rules that came into force in summer of 2017.
Citations count: 1
Reference:
Mazein A.V. —
Detection of citizens’ communications on the Internet that require a response as a new form of administrative activity
// Administrative and municipal law.
– 2021. – ¹ 1.
– P. 1 - 14.
DOI: 10.7256/2454-0595.2021.1.35047 URL: https://en.nbpublish.com/library_read_article.php?id=35047
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Abstract:
This article examines the legal regulation of detection of citizens’ communications on the Internet s that require a response from the government authorities. The relevance is substantiated by the increase in the number of publications on Internet that require a response, as well as by the fact that the corresponding legal relations are not regulated by the Federal Law “On the Procedure for Considering Appeals of the Citizens of the Russian Federation". Since such form of administrative activity obtained a wide circulation in 2020 and needs further research, analysis is conducted on the practice of legal regulation of the indicated questions. The author concludes that the legal acts of all constituent entities of the Russian Federation on this question are similar: they determine the procedure for detection of information that requires a response, its processing, and posting the results of consideration. Analysis is performed on the structure of the subjects engaged in this administrative activity; emphasis is placed on the involvement of nongovernmental organizations in this process. In the conditions of digitalization of administrative activity, many regions utilize the automated Incident Management System to facilitate coordination of all citizens’ communications that require a response. It is noted that the Regional Management Centers have been established for improving the process of detection of citizens’ communications that require a response. Analysis of the system of such relations between the government and the citizens allows continuing research on the problematic issues of working with the Internet resources – falsity of information, anonymous publications, need for immediate response, etc.
Citations count: 1
Reference:
Lolaeva A.S. —
Legal regulation of the use of information and communication technologies in the activities of public authorities
// Administrative and municipal law.
– 2022. – ¹ 1.
– P. 42 - 50.
DOI: 10.7256/2454-0595.2022.1.37359 URL: https://en.nbpublish.com/library_read_article.php?id=37359
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Abstract:
The article examines the issues of legal regulation of the use of information and communication technologies in the activities of public authorities. The relevance of the topic is due to the universal digitalization of public relations, including the activities of public authorities. The widespread informatization of various spheres of society, their economic activities, the development and introduction of modern data transmission devices, the expansion of computer networks led to a sharp increase in the volume of processed information, and modern society began to be called informational. The process of informatization of society is gradually taking place. Various information and communication technologies are also actively used in the field of public administration in Russia. The processes of informatization and information support are increasingly active in the digital economy of Russia. Technologies and their application are turning from a specialized professional field into a key issue in the sphere of public administration. In the general understanding, information and communication technologies are a process that includes a set of tools and methods for the implementation of operations for the collection, registration, accumulation, processing and transmission of information based on hardware and for the purpose of solving management tasks. The author formulates the conclusion that information and communication technologies are increasingly being used in the activities of public authorities. Informatization of the activities of public authorities in the Russian Federation is an indispensable and important stage in the formation of the information society, as well as the leading direction of reforming the entire system of public administration.
Citations count: 1
Reference:
Vinnitskiy A.V. —
Administrative responsibility of bankruptcy commissioners: dynamics and practice of application of the new provisions of the Administrative Offences Code of the Russian Federation
// Administrative and municipal law.
– 2017. – ¹ 12.
– P. 11 - 25.
DOI: 10.7256/2454-0595.2017.12.24877 URL: https://en.nbpublish.com/library_read_article.php?id=24877
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Abstract:
The research subject is normative regulations about administrative responsibility of bankruptcy commissioners: blanket rules contained in the parts 3 and 3.1 of the article 14.13 of the Administrative Offences Code of the Russian Federation in their system interrelation with other provisions of the Code and regulative provisions of bankruptcy legislation. The author studies and generalizes legal positions of the Constitutional Court of the Russian Federation and the vast judicial practice on the most important issues of administrative responsibility of bankruptcy commissioners. The author uses the set of methods of cognition used in the modern science, including the dialectical and materialistic method and the related general and specific scientific methods and general logical techniques (abstraction, analysis, synthesis, analogy, generalization, etc.). As a general scientific method, the author uses system analysis, as specific scientific methods – special-juridical and historical-juridical methods. The author substantiates the range of new changes in legislation on administrative responsibility of bankruptcy commissioners: 1) refusal of blanket composition of delictual rules and formalization of the system of compositions, which would properly differentiate offences and punishments for them; 2) formalization of alternative sanctions on all differentiated compositions of crimes or the possibility to impose punishments beyond the sanctions described in the provisions of the Special part of the Administrative Offences Code; 3) preservation of disqualification for gross and repeated infringements and infringements causing damage; 4) radical reduction of reasons for initiation of administrative procedures; 5) change of admissibility of cases.
Citations count: 1
Reference:
Ivanova I.A. —
Speaking of the Legal Regulation of the Institution of Judicial Normative Control in Administrative Legal Proceedings
// Administrative and municipal law.
– 2018. – ¹ 5.
– P. 37 - 45.
DOI: 10.7256/2454-0595.2018.5.26569 URL: https://en.nbpublish.com/library_read_article.php?id=26569
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Abstract:
The subject of the research is particular issues of the legal regulation of the institution of judicial normative control in administrative legal proceedings of the Russian Federation. In her article Ivanova analyzes provisions of the Russian Federation Administrative Court Procedure Code that regulates proceedings related to cases involving the contesting of normative legal acts. The objectives of the research are as follows: 1. to define criteria for classying judicial normative control as direct or indirect, abstract or concrete, as well as the relation between them; 2. to analyze provisions of the Russian Federation Administrative Court Procedure Code that may be applied to the abstract or concrete criterion offered by the author. In the course of her research Ivanova has applied such research methods as analysis and sythesis, formal law method, and etc. The main conclusions of the research imply the following theses: 1) The criterion for differentiating between direct and indirect normative control is the way a judicial audit corresponds to the matter of asserted claims (in particular, whether normative control has the purpose to challenge regulations or protect one's legal rights); the criterion for classifying normative control as abstract or conrete is judicial activity (consequently, monitoring of legality of regulations for public interest or protection of private interests). 2. In its judicial acts, the Supreme Court of the Russian Federation states that proceedings that challenge regulations should be carried out as abstract normative control. Nevertheless, based on the criterion offered by the author to differentiate between abstract or concrete normative control, regulations of the Russian Federation Code of Administrative Procedure Code demonstrate elements of both abstract and concrete normative control.
Citations count: 1
Reference:
Gorian E. —
Identification of Critical Information Infrastructure Facilities in the Russian Federation and Singapore: Comparative Law Aspect
// Administrative and municipal law.
– 2018. – ¹ 11.
– P. 44 - 56.
DOI: 10.7256/2454-0595.2018.11.28211 URL: https://en.nbpublish.com/library_read_article.php?id=28211
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Abstract:
The object of the research is the relations that may arise in the process of the identification of the critical information infrastructure facilities for safety reasons. Goryan analyzes the main constituent elements of the legal mechanisms of the critical information infrastructure identification in the Russian Federation and Singapore. He describes the legal status of competent actors and the procedure of the critical information infrastructure identification. The researcher defines both similarities and differences in the legal regulation of the identification process as well as drawbacks and benefits of the mechanisms of critical information infrastructure identification. He also makes suggestions on how to improve the current Russia's regulation mechanism. To achieve better and more valid results, the author has applied a number of general research methods (structured systems approach, formal law and hermeneutical analysis) and special research methods (comparative law and formal law methods). As a result of his research, Goryan emphasizes the need to eliminate the drawbacks of the Russian mechanism of the critical information infrastructure identification using the experience of Singapore and clarifying the prcedure of categorization of critical information infrastructure facilities, extension of powers and appeal of actions (decisions) of a competent actor (Federal Service for Technical and Export Control).
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