Question at hand
Reference:
Eskindarov M.A.
Systematization of Measures of State Coercion as a Factor of Sustainable Development of Financial and Economic Activity
// Financial Law and Management.
2015. ¹ 2.
P. 110-113.
URL: https://en.nbpublish.com/library_read_article.php?id=66743
Abstract:
In his article Eskindarov discusses the rules of different branches of law that govern public relations in the financial and economic sphere. Nowadays Russian legislation that governs financial and economic relations faced the situation when a significant amount of measures of state coercion that are applied to economic entities are spread out in the industry regulations and this causes many difficulties in the law enforcement. Russia's economy has been undergoing hard times in recent years. The dramatically changed world 's geopolitical situation after Crimea joined Russia, sanctions regime that followed it, falling of oil prices, and increased volatility in rates of major world currencies determined the increased role of the state in ensuring the stability of the country, preventing and overcoming the crisis. A special role in overcoming these negative tendencies is assigned to small and medium-sized businesses. In the process of writing this article the following methods were used: deduction and induction, systems approach, problem analysis and synthesis. Legal regulation in this sphere should be subjected to the systems analysis, and the uniform criteria for the unification of the measures of state coercion should be determined. This will allow to improve the administrative and legal legislation, to implement the measures of state coercion in the financial and economic sphere, and would make the legislation more effective and comprehensible for all the participants of financial and economic activity.
Keywords:
administrative punishment, measures of state coercion, wrongful act, economic sanctions, offence, violation of law, business, entrepreneurship, business entities, economic entities, financial and economic sphere, unification, systematization
Question at hand
Reference:
Lapina M.A.
On the Need to Systematize the Measures of Government Coercion in the Sphere of Legislation of the Russian Federation
// Financial Law and Management.
2015. ¹ 2.
P. 114-119.
URL: https://en.nbpublish.com/library_read_article.php?id=66744
Abstract:
In her article Lapina examines provisions of different branches of law that regulate social relations in the financial and economic sphere. The article is devoted to the content and nature of state coercion and peculiarities of the classification of administrative enforcement measures as a form of state coercion. The example of budget, banking and securities market legislations demonstrated the lack of a unified system of measures of state coercion in the Russian Federation. The researcher emphasizes the need for the integrated improvement of the system of measures of state coercion in all spheres and areas of public administration including finances. In the process of writing this article the following methods were used: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law research and other methods that are usually used in legal research. According to the researcher, such improvement should involve the entire system of Russian legislation, i.e. not only sectoral legislation that contains field-specific measures of state coercion but also unified laws that establish different kinds of legal responsibility and describe the system of associated measures (forms) of punishment (criminal, administrative, disciplinary, etc.) for violation of law.
Keywords:
financial sphere, public administration, securities market, legislation of the Russian Federation, banking sector, supervisory response measures, special enforcement measures, budget enforcement, administrative enforcement, government coercion
Question at hand
Reference:
Spiridonov P.E.
The Essence and Features of Administrative Enforcement as a Form of Government Coercion
// Financial Law and Management.
2015. ¹ 2.
P. 120-124.
URL: https://en.nbpublish.com/library_read_article.php?id=66745
Abstract:
The paper examines the essence and features of administrative enforcement as a form of state (government) coercion. Various points of view on the concept, nature and features of state coercion are discussed. Attention is paid to the fact that enforcement as a method of control is inseparably linked to the methods such as persuasion and encouragement. At the same time, these methods are equal to each other and none of them have priorities in terms of their application. The author of the article also focuses on the fact that in government it is impossible to be limited to a strictly defined sequence of application of management techniques. In the process of writing this article the following methods have been used: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. It is concluded that administrative and legal measures are flexible in their application when the same measure can have different goals and objectives, often these are preventive measures, i.e. they are aimed at preventing the occurrence of negative or harmful consequences.
Keywords:
encouragement, enforcement, administrative measures, preventive measure, security, persuasion, administrative and legal deterrence, administrative responsibility, administrative enforcement, government coercion
Question at hand
Reference:
Shevchenko Yu.P., Kositsin I.A.
Some Aspects of the Relation between Government and Non-Government Coercion
// Financial Law and Management.
2015. ¹ 2.
P. 125-128.
URL: https://en.nbpublish.com/library_read_article.php?id=66746
Abstract:
The authors of the article analyze the essence of enforcement. A comparison of the positions of the legislator to regulate government and non-government coercion is made. Legal gaps in the legislation on private security activities have been demonstrated. Based on the analysis of legal regulation of the use of physical force by law enforcement agencies, voluntary people's guard as well as citizens, the authors have formulated a proposal to improve the legal regulation of the use of physical force by private security guards. Defense of their own rights and interests is a natural function of all organized social structures. Therefore, the authors believe that a government does not have a right to establish a monopoly on security activities as a defense of their rights. In the process of writing this article the authors have used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors suggest that Article 16.1 of the law 'On Private Detective and Security Activity in the Russian Federation' should be read as follows: 'Private security guards have the right to apply physical force where soft power methods do not allow a security agency to accomplish their duty to apprehend a person who has committed a security incident trying to seize the guarded property or violating the on-site and/or access control as well as in cases when the use of special security means or firearm is allowed by the present Law'.
Keywords:
degree of crime, private security activities, physical force, enforcement, coercion, security guard, coercive measures, enforcement measures, law, government coercion, non-government coercion
Question at hand
Reference:
Melekhin A.V.
Problems of Increasing the Efficiency of Government Coercion Applied in Various Spheres of Public Life
// Financial Law and Management.
2015. ¹ 2.
P. 129-136.
URL: https://en.nbpublish.com/library_read_article.php?id=66747
Abstract:
The subject of the research is the provisions of different branches of law regulating social relations in various spheres of social life. In his article Melekhin analyzes the reasons for the lack of efficiency of public administration, identifies the problems of efficiency of measures of government coercion in various fields and provides suggestions to improve it. According to the author of the article, it is also necessary to take into account legitimacy of law themselves, i.e. whether they have justified and reasonable requirements or not. The author emphasizes the need to create the strategy of the development of Russian law that would become an integral part of the Russian state and society. In the process of writing this article the author has used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author concludes that in order to create an efficient mehanism of the execution of judgements of the Constitutional Court of the Russian Federation, it is necessary to cover the legal liability of officials (including officials with special status) who represent all branches of governance and bear the responsibility to execute these judgements including their dismissal from office in case they fail to perform their obligations.
Keywords:
responsibility, government coercion, governance, efficiency, increase in efficiency, social life, Russian law, Russian society, enforcement, constitutional court
Question at hand
Reference:
Truntsevskiy Yu.V.
Classification of Enforcement Measures in Criminal Law
// Financial Law and Management.
2015. ¹ 2.
P. 137-144.
URL: https://en.nbpublish.com/library_read_article.php?id=66748
Abstract:
In his article Truntsevsky defined the concept of measures of criminal law and offered his classification of enforcement measures in criminal law. Depending on the common goals of criminal law activity, the measures have been divided into the following groups: measures of crime prevention and suppression and measures of execution of criminal liability. Depending on the nature of criminal law activity, all the measures stated in the Criminal Code of the Russian Federation have been divided into: measures of crime prevention, precime mesures, reconstructive measures and corrective measures (penalty (punishment) and probation); measures of execution of criminal liability; measures of single non-rehabilitating decriminilization and therapeutic intervention. In the process of writing this article Truntsevsky has used the following research methods: hermeneutical and systems approaches, methods of synthesis and analysis, induction and deduction, comparative law method and other methods that are usually used in legal research. The results of the analysis of criminal legislation regulating the mechanism of criminal law enforcement applied to participants of social relations have allowed to provide a definition of the concept of 'enforcement measures of criminal law' as legally fixed forms and means of special activity performed by the government, society and particular citizens for the purpose of achieving both the common goals of crime combating (prevention, suppression of crime, minimization and/or elimination of crime consequences) and individual goals of each group of enforcement measures.
Keywords:
combating crime, criminal legislation, suppression of crime, crime prevention, probation, punishment, criminal responsibility, criminal law, Criminal Code, coercive measures
Question at hand
Reference:
Stepanenko Yu.V.
Draft Code of the Russian Federation on Administrative Offences (General Part): First Impressions
// Financial Law and Management.
2015. ¹ 2.
P. 145-153.
URL: https://en.nbpublish.com/library_read_article.php?id=66749
Abstract:
In January 2015 a group of the State Duma deputies introduced the draft federal law No. 703192-6 'The Code of the Russian Federation on Administrative Offenses. General Part'. Introduction of the General Part of the Code of the Russian Federation on Administrative Offences drew attention of many researchers and encouraged lively discussion regarding alternative choices of modernization of the administrative tort legislation in the Russian Federation. In the process of writing this article the author has used the following research methods: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Suggestions have been made on the methodology and organization of legislative activities for the implementation of this legislative initiative. The researcher concludes that there is a certain need to create and simultaneously work on the preparation of the law in three interdepartmental work teams as well as to arrange for a public discussion of the draft law on the Internet.
Keywords:
modernization of legislation, federal law, Code of the Russian Federation, administrative offence, administrative liability, administrative tort legislation, legislative activity, legislative initiative, legislative act, administrative proceedings
Question at hand
Reference:
Popova N.F.
On the Question of the Appliance of Enforcement Measures to Government Officials
// Financial Law and Management.
2015. ¹ 2.
P. 154-162.
URL: https://en.nbpublish.com/library_read_article.php?id=66750
Abstract:
The article reveals the differences in bringing to disciplinary, financial and administrative responsibility of civil servants, military personnel and government officials with special ranks, and law-enforcement officials. In her article Popova provides data regarding law enforcement practice of bringing to administrative responsibility. Thus, during the first half of 2014, 133 officials working at state and municipal control (supervisory) agencies got a notice and 67 officials were subject to fine for a failure to observe the legal requirements for state control (supervision) (Article 19.6.1). In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The results of the analysis of legal practice demonstrate that government officials are rarely disqualified for their failure to observe legal requirements. The Code of the Russian Federation on Administrative Offences has Article 19.1 that specifies the universal crime components of 'usurpation of power'. According to the Article, all civil servants can be brought to administrative responsibility but not only persons who have a special status of a government official.
Keywords:
liability, responsibility, disciplinary responsibility, administrative responsibility, civil servants, military personnel, have special ranks, government officials, law enforcement agencies, differences, coercive measures
Question at hand
Reference:
Bulatetskiy S.I.
Features of Revealing and Documenting Offences Related to the Retail Sale of Alcoholic Beverages to a Minor
// Financial Law and Management.
2015. ¹ 2.
P. 163-166.
URL: https://en.nbpublish.com/library_read_article.php?id=66751
Abstract:
Preventon of unlawful acts committed by minors and involving minors. The author of the article analyzes the work of territorial bodies of internal affairs under Part 2.1 of Article 14.16 of the Code of the Russian Federation on Administrative Offences 'Retail of alcoholic products to a minor if this action does not contain a criminally punishable act" to bring officials, individuals and legal entities to justice. Versions of participation of minors in preventive actions conducted together with police are considered. In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Noteworthy that Part 2.1 of Article 14.16 of the Code of the Russian Federation on Administrative Offences No. 195 of December 30, 2001 (hereafter the Administrative Offences Code) prohibits only retail of alcoholic products to a minor while other forms of dispossession (transfer by gift, exchange, wholesale, etc.) are not punishable.
Keywords:
legislation, measures, administrative coercion, law-enforcement bodies, prevention, suppression, application, norms, standards, retail, alcoholic beverages
Question at hand
Reference:
Ostroushko A.V.
Restricting Access to Websites as an New Procedure of Government Coercion
// Financial Law and Management.
2015. ¹ 2.
P. 167-173.
URL: https://en.nbpublish.com/library_read_article.php?id=66752
Abstract:
The Russian Federation is committed to a state policy aimed at ensuring the rule of law and respect for human rights in the national sector of the Internet. Developed and adopted legal acts in this area are aimed at ensuring the information security of the state, citizens and business entities. Therefore, implementation of adequate methods of combating illegal content distribution has become an urgent need for public authorities. Comparative analysis of international law and European legislation led to the conclusion on the admissibility and feasibility of the informational intervention process through a global network to prevent the negative content spreading. The Russian Federation has introduced a procedure for limiting access to information distributed in violation of the law. Systems analysis of existing legislation showed that none of the procedural branches of Russian law have no state enforcement measures to prevent the spread of forbidden information on the Internet before the court decision comes into force. It is proposed to consider restricting access to Internet sites containing improper information as a measure of government coercion. The researcher emphasizes the need to include a procedure for limiting access to information on the Internet as a measure to ensure the Russian Criminal Procedure Code, the Code of Administrative Offences, the Code of Administrative Procedure and the Code of Civil Procedure.
Keywords:
access restriction, measures to ensure, information, malicious content, information offenses, Internet, information security, court procedures, state (government) enforcement, procedural law
Question at hand
Reference:
Ruchkina G.F.
Some Features of the Antimonopoly State Control over Observance of Legislation in the Sphere of Management of Apartment Buildings
// Financial Law and Management.
2015. ¹ 2.
P. 174-182.
URL: https://en.nbpublish.com/library_read_article.php?id=66753
Abstract:
Nowadays state competition policy is of outmost importance. Competition policy is the policy that establishes mandatory rules in the sphere of business competition and provides for particular legal arrangements to enforce these rules. Competition policy is also a set of actions that are conducted by special authorities with reference to business entities and aimed at their observance of the aforesaid rules. In her research Ruchkina examines the activity of a competition authority and analyzes different instruments implemented by such an authority to protect competition in the sphere of the management of apartment buildings. According to the researcher, a state antimonopoly authority should pay more attention to the advocacy of competition in this sphere, i.e. conduction of activities aimed at shaping public opinion, explanation of the advantages of competition economics and interpretation of the povisions of the competition law and the scope of activity of the Federal Antimonopoly Service of Russia. In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the researcher, it would be enough to oblige managers of building apartments to post information provided by the Federal Antimonopoly Service of Russia for the purpose of giving more information to citizens regarding the competition law and antimonopoly regulation in the sphere of housing legislation in Russia. In this case, managers of apartment buildings will be able to provide their tenants with all the neessary information by posting it on local websites and information boards at management offices and apartment buildings.
Keywords:
management companies, management of apartment buildings, competition protection, competition (antimonopoly) authority, state control, competition policy, state competition policy, business entities, antimonopoly control, competition law
Question at hand
Reference:
Bashlakov-Nikolaev I.V.
Coercive Measures in the Field of Business Competition Protection
// Financial Law and Management.
2015. ¹ 2.
P. 183-194.
URL: https://en.nbpublish.com/library_read_article.php?id=66754
Abstract:
In this paper the author examines the legal and administrative measures for the protection of competition, i.e. measures conducted by antimonopoly agencies to prevent avoidance, restriction or elimination of competition in accordance with the Competition Protection Law. The author proposes different classifications of measures performed by antimonopoly agencies in the sphere of business competition protection as a result of violations of the antimonopoly legislation. The author divides all measures of administrative enforcement into the two groups:
1. The administrative responsibility measures.
2. Measures to ensure implementation of legislation in the sphere of competition protection (i.e. enforcement measures).
In the proccess of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research.
The author also focuses on the administrative preclusive and interim measures the specificity of which is that they protect social relations with reference to public bidding and conclusion of treaties rather than social relations in the sphere of business competition as they are. According to the author, these relations should soon include relations connected with the order of procedures in the field of urban planning and land relations.
Keywords:
competition, administrative measures, liability, antimonopoly (competition) law, competition protection, administative enforcement, legal measures, administrative responsibility, preventive measures, interim measures
Question at hand
Reference:
Solov'ev A.K.
Measures of State Coercion in the Sphere of Social Protection of Citizens: Tax Burden or Efficient Investment
// Financial Law and Management.
2015. ¹ 2.
P. 195-198.
URL: https://en.nbpublish.com/library_read_article.php?id=66755
Abstract:
The pension system of Russia is a multicomponent dynamically changing economic system. A stable functioning of this system depends on a whole range of factors including demographic and macroeconomic factors, labour, forms (models) of the state provision of pensions (insurance, pension saving, budgetary pension). Efficient functioning of the pension system depends on many factors. Noteworthy that the isolated consideration of the mechanism of influence of, for example, demographic factors on the pension system without considering the influence of other factors, for example, macroeconomic factors, inevitably fixes the fact of financial instability of the Russian pension system in the long-term prospect. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, in order to resolve the basic problems of the pension reform, it is necessary to define the economic and legal status of insurance premiums as a composite (deferred) component of salary. This would allow to answer the perennial question about the economic status of the entire pension system, in particular, the question about the who these contributions belong to. At the same time, it is necessary to clarify particular parameters and standards for defining the price of labor power at the country level.
Keywords:
state pension debt, pension rights, pension system, pension reform, social protection, insurance premiums, contributions, price of labor power, pensioner, government obligations
Question at hand
Reference:
Shpakovskiy Yu.G.
Problems of Increasing the Efficiency of Financial Control in the Sphere of Environmental Protection and Ecological Safety under the Conditions of Accession of the Russian Federation to the World Trade Organization
// Financial Law and Management.
2015. ¹ 2.
P. 199-207.
URL: https://en.nbpublish.com/library_read_article.php?id=66756
Abstract:
Upon performance of the agreements made as the part of WTO accession, conflicts and gaps in the effective legislation on environmental protection and ecological safety create an objective need to carry out an integrated analysis as well as to systematize the existing legal regulations and improve the effective legislation and law enforcement practice. The author of the present article provides a comprehensive analysis of the provisions of international law and federal law regulating relations in the sphere of environmental protection, ecological safety and law enforcement in order to develop practical recommendations aimed at improving the reporting activity. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author of the article, in order to analyze and predict the impact on the natural environment and ecological safety that Russia's accession to the WTO may inflict, it would be useful to prepare the national assessment of environmental consequences of the accession of the Rusian Federation to the WTO and to develop a draft Program of legal regulation of improvements in the country's legislation in accordance with the WTO requirements. The author of the present article discusses other solutions of this problem as well.
Keywords:
environmental management, ecological safety, environment, financial control, WTO, The natural environment, environmental consequences, state resources, safe environment, greening the economy
Question at hand
Reference:
Svinukhov V.G., Senotrusova S.V.
Coercion in Customs Payment
// Financial Law and Management.
2015. ¹ 2.
P. 208-212.
URL: https://en.nbpublish.com/library_read_article.php?id=66757
Abstract:
Enforcement of customs duties is a system of preventive, preclusive and restorative measures established the legislation of the Eurisan Economic Union and the Russian Fedeation and applied to taxpayers (physical and legal entities) in order to render control and ensure legality in the sphere of customs payments, to observe the payment rules and to receive data about taxpayers paying or non-pyaing their customs duties and, in case of violation of the customs law, to implement measures of financial, administrative or criminal responsibility. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Forced recovery of customs duties is a type of state coercion. It is shown that the forced recovery of customs duties involves the use of the judicial and executive powers established by the law enforcement measures to prevent and punish misconduct of legal entities as well as to eliminate harmful social consequences of such behavior. The system of customs enforcement measures can be differentiated by its significance, strength and the scope of application.
Keywords:
Customs Union, customs duties, physical entities, legal entities, enforced recovery, customs enforcement, payment of customs duties, customs code, state coercion, customs charges
Question at hand
Reference:
Bobrova O.G.
Coercive Administrative Measures and Legal Assistance of Customs Authorities
// Financial Law and Management.
2015. ¹ 2.
P. 213-221.
URL: https://en.nbpublish.com/library_read_article.php?id=66758
Abstract:
The article focuses on the coercive administrative measures used by customs authorities (in particular, in case of cutoms violation). Types of legal assistance between the Eurasian Economic Union customs authorities in administrative matters are shown as a unique tool for law enforcement activity and coercive administrative measures allowing to extend the jurisdiction of a customs authority of one member state over the territory of another member state. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, coercive administrative measures can be implemented by customs authorities not only within the Russian Fedeation but also in the territory of the Eurasian Economic Union member states by using legal assistance tools. Thus, the Eurasian Economic Unity international legal framework allows to extend the jurisdiction of a customs authority of one member state over the other.
Keywords:
legal assistance, international legal framework, administrative coercive measures, customs violation, customs offence, customs authority, mutual legal assistance, mutual administrative assistance, Eurasian Economic Union, administrative offenses, jurisdiction
Question at hand
Reference:
Sbirunov P.N.
Certain Aspects of the Implementation of Measures of State Coercion in the Sphere of Land Relations
// Financial Law and Management.
2015. ¹ 2.
P. 222-230.
URL: https://en.nbpublish.com/library_read_article.php?id=66759
Abstract:
Summarizing the results of the analysis of legal provisions regulating measures of administrative enforcement in the sphere of land relations and their practical implementation by executive authorities, it is necessary to note that implementation of coercive measures in the sphere of land relations should be based on the principle of delineation of authority between federal executive agencies entitled to carry out a state land superivision and take into account that forced disposition of the right to land should be applied only when there are particular grounds for such application under the civil and land legislation. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Based on the analysis of legal provisions of the Russian Civil Code, Land code of the Russian Federation, other federal laws and regulations and court practice the author of the article identifies and discusses special features of the procedure of application of measures of state coercion for violations and offences in the sphere of land relations.
Keywords:
seizure of land, executive branch of the government, land offense, state land supervision, use of land, involuntary termination of rights, right to land, land relations, state coercion, civil legislation
Question at hand
Reference:
Bayteryakov R.E.
Possibility of Introducing Criminal Liability of Legal Entities (the Case Study of the Largest Taxpayers)
// Financial Law and Management.
2015. ¹ 2.
P. 231-234.
URL: https://en.nbpublish.com/library_read_article.php?id=66760
Abstract:
Legal regulation of the largest taxpayers usually means excessive involvement of the government in their activities. When a guilty person, either physical or legal entity, is brought to tax or administrative liability, the composition of the offense and the socially dangerous acts are often identical. However, besides administrative or tax liability, legal researchers offer to impose criminal liability on legal entities that seems unreasonable. There is a draft law on these amendments that has been already introduced at the State Duma of the Federal Assembly of the Russian Federation. Based on the analysis of Russian legal science and system of law, the author of the present article believes that intruduction of criminal liability of legal entities is unreasonable. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. In case of bringing a legal entity to criminal liability, a large taxpayer can be subject not only to fine for an administrative offence but also to other measures of state influence as it is established by the draft law. Meanwhile, it is more difficult to establish guilt of a legal entity due to many contradictions regarding this matter that exist in legal science. According to the author, in this case it would be more reasonable to apply the pinciple of strict liability set forth by the Code of the Russian Federation on Administrative Offenses. C
Keywords:
tax authority, administrative offense, tax offense, crime, criminal responsibility, the largest taxpayers, legal entities, Criminal Code, inactive company, administrative investigation
Question at hand
Reference:
Lokhmanov D.V.
Possible Enforcement Action for Violation of the Federal Law 'On the Financial Authorized Representative of Consumer Rights at Financial Organizations'
// Financial Law and Management.
2015. ¹ 2.
P. 235-239.
URL: https://en.nbpublish.com/library_read_article.php?id=66761
Abstract:
At the present time Russian law does not have a effective institution of pre-trial settlement of disputes between physical entities, consumers of financial services, and organizations. Success of such an institution will directly depend on coercive measures a financial representative will be entitled to. The given draft law and associated amendments to other federal laws will be required to provide real mechanisms for the implementation of powers by financial ombudsman and the ability of credit organizations to additional types of liability. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, it is important to define particular functions and powers of the service of a financial ombudsman. This would allow to make the right decisions regarding the iternal structure of the insitution and dispute resolution procedures. Based on the author, it is also a disputable question whether administrative responsibility should be imposed on financial organizations that are not members of the Service of Financial Representatives due to the status and nature of legal relations arising between the Service and such organizations considering the fact that the service of financial representatives is a non-profit organization.
Keywords:
personal finance, banking services, pre-trial settlement, bank account, coercive measures, administrative responsibility, responsibility, ombudsman, financial ombudsman, financial literacy
Question at hand
Reference:
Nikolaev V.V.
Restriction of Access to an Internet Resource as a Measure of the state Coercion
// Financial Law and Management.
2015. ¹ 2.
P. 240-245.
URL: https://en.nbpublish.com/library_read_article.php?id=66762
Abstract:
Along with generally known types of legal responsibility (administrative, disciplinary, civil or criminal) for violations in the sphere of information protection (Article 17 of the Federal Law No. 149 of July 27, 2006 'On Information, Infomation Technologies and Information Protection'), it is also necessary to touch upon the problems that may arise when someone posts illegal infomation on the Internet. The current state of the web space demonstrates a wide distribution of illegal information. The aim of this study is to create a theoretical basis and prove the practical significance of extrajudicial blocking of websites that contain illegal information. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Due to the nature of the global web, certain difficulties arise in determining jurisdiction and as a consequence, offenders can avoid liability. The article presents the author's interpretation of information enforcement and considers the proboem of restricting access to Internet resources. The author analyzes the Unified Register of Prohibitted Domain Names and demonstrates the need to limit the spread of illegal content on the Internet.
Keywords:
negative information, illegal information, enforcement, access restriction, Internet, forbidden information, state coercion, illegal content, Internet sites, extrajudicial blocking of sites
Question at hand
Reference:
Chepurnykh D.A.
Law Enforcement Activities for Administrative Offenses in the Field of Traffic Safety
// Financial Law and Management.
2015. ¹ 2.
P. 246-253.
URL: https://en.nbpublish.com/library_read_article.php?id=66763
Abstract:
Technological development and growing global economic activity encourage the rapid evolution of the transport system. In this research the topical issues connected with the commission of road accident and administrative offenses by the drivers who are in an alcohol intoxication are revealed. Using methods of scientific knowledge, the author offers possible solutions of the outlined problems such as equipping vehicles with special technical devices and creation of statutory documents for legal assistance and regulation of associated relations. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Transport vehicles that may cause serious road accidents include those that are usually used to transfer passengers, goods or freight and to perform service or corporative tasks. According to the author, this is the type of vehicles legal and technical regulations and particular guidelines should apply to. Such vehicles should be equipped with special controlled intelligent systems that would detect drunk drivers (ignition interlock device or breath alcohol ignition interlock device).
Keywords:
vehicle, traffic safety, alcohol interlock ( breath alcohol ignition interl, drunk driver, administrative coercion, administrative responsibility, safety of citizens, administrative enforcement, alcohol intoxication, car owner
Question at hand
Reference:
Pavlikov S.G.
Acts of National Courts and International Acts in the Field of Public Administration (on the Example of Ensuring the Constitutional Right to Life)
// Financial Law and Management.
2015. ¹ 2.
P. 254-260.
URL: https://en.nbpublish.com/library_read_article.php?id=66764
Abstract:
The initiative of the Supreme Court of the Russian Federation has allowed to resolve one of the most important law enforcement issues related to the consitutional right to life based on the implementation of the provisions of international law. The question about the death penalty in Russia as an exceptional measure of punishment has been discussed by the academic community since 1993 when the present Constitution of the Russian Federation was adopted. The problem of death penalty as a type of criminal punishment for extremely severe crimes still remains the matter of lively scientific discussions. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article analyzes the problem of the relation between acts of national courts and international acts on the example of the most "intrusive" sphere of government administration and influence associated with the death penalty. According to the author of the article, further development of legal precedents of the Supreme Court of Russia may lead to a higher level of protection of the human rights and freedoms.
Keywords:
rights, Constitution, protocol, Supreme Court, resolution, plenary assembly, European Convention, Convention, person, death penalty
Question at hand
Reference:
Lapina M.A., Karpukhin D.V.
Application of Measures of State Coercion as an Independent Type of Administrative and Jurisdictional Proceedings
// Financial Law and Management.
2015. ¹ 2.
P. 261-266.
URL: https://en.nbpublish.com/library_read_article.php?id=66765
Abstract:
The last decade was marked by the rapid development of the financial and real sectors of the Russian economy. This fact led to the development of administrative and legal regulation of industry, agriculture, finance, banking and securities market. While forming a legal space of interaction of subjects of these spheres of life the government greatly expanded the segment of administrative-preventive, administrative-preclusive and administrative-punitive measures of administrative coercion. Recent measures are concentrated on various regulations such as laws and subordinate acts and are applied through out-of-court or in-court procedures which causes numerous difficulties in the doctrinal justification of a particular place of administrative proceedings in the system of administrative process. The present article is devoted to analysis of mentioned problems. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors of the article conclude that along with other administrative and jurisdictional proceedings such as complaint management, disciplinary and administrative proceedings there is an independent type of administrative and jurisdictional proceeding on application of state coercive measures conducted by executive authorities on an extrajudicial basis.
Keywords:
entity, administrative jurisdiction, measures of administrative coercion, executive authorities, subjects of administrative jurisdiction, administrative process, state coercion, extrajudicial procedure, administrative law, administrative proceedings
Question at hand
Reference:
Verbitskaya M.A.
Legal Description of an Interview of a Victim in Legal Proceedings on Administrative Violations
// Financial Law and Management.
2015. ¹ 2.
P. 267-272.
URL: https://en.nbpublish.com/library_read_article.php?id=66766
Abstract:
Pursuant to Part 2 of Article 26.2 of the Code of the Russian Federation on Administrative Offeies, testimony of a victim is one of the sources of evidence in legal proceedings on administrative violations. Thus, the legislation provides for the right of a victim to give explanations during administrative proceedings (Part 2 of Article 25.5 of the Code of the Russian Federation on Administrative Offences). This right of a victim means that he or she may give written or verbal explanations regarding the administrative offence and refer to factual circumstances of the case. The author of the present article considers the legal features of interviewing a victim in the course of legal proceedings on cases of administrative offences. Along with the term 'explanation' with reference to a victim, the Code on Administrative Offences also contains the term 'testimony'. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author offers to distinguish these concepts, to reinforce the interview of the victim with the possibility of applying of administrative coercive measures to the victim in case of his or her abusing their procedural rights and failing to comply with procedural obligations. Acording to the author, it would be also reasonable to acknowledge liability of a victim for giving false evidence. The article also focuses on the issue of legislative recognition of responsibilities of the victim.
Keywords:
witness, victim, explanation, testimony, administrative coercion, responsibilities, interview, proof, procedural obligations, suspect
Question at hand
Reference:
Kotlyarov Yu.V.
Law Enforcement Aspects of the Application of Measures of State Coercion in the Sphere of Technical Regulation
// Financial Law and Management.
2015. ¹ 2.
P. 273-278.
URL: https://en.nbpublish.com/library_read_article.php?id=66767
Abstract:
Technical regulation is the legal regulation of relations in the field of establishment, implementation and enforcement of mandatory requirements for products, technologial processes, processes of use, storage, transportation, marketing and recycling as well as the legal regulation of relations in the field of conformity assessment. To put it simply this is a list of obligatory rules beyond the scope of whic manufacturers should not go to ensure the product safety. With regard to product, state control (supervision) over observance of technical regulations is carried out exclusively at the stage of circulation products on the market. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, existing legislation does not provide for a precise and unavoidable responsibility of the manufacturer for the safety and quality of supplied products, does not encourage producers to establish stable relationships with reliable suppliers and to require them to prove the safety and quality of the manufactured products and to withdraw defected products revealed by control and supervisory authorities. Measures of state coercion in the sphere of technical regulation are repressive, in some cases being redundant. At the same time, there is no differentiated approach to the classification of violations in terms of severity of consequences of their violation. Measures of state coercion are applied without fully recognizing the principles of justice, individualization of legal liability and adequacy of punishment to the severity of the offense. Based on the author, it is necessary to develop common principles for selecting sanctions for violations of various degrees of danger and to ensure the application of timely and appropriate measures of state coercion.
Keywords:
control, legal base, regulatory base, technical regulation, state supervision, manufacturer, state coercion, clearance confirmtion, defective goods, sanctions
Question at hand
Reference:
Petrova T.A.
Measures of Administrative Enforcement Applied by Internal Affairs Bodies
// Financial Law and Management.
2015. ¹ 2.
P. 279-283.
URL: https://en.nbpublish.com/library_read_article.php?id=66768
Abstract:
State coercion plays one of the most important roles in the process of law and order enforcement. Administrative enforcement is a type of state coercion. Used as an affective mean against offenders of the established code of behavio, administrative enforcement is more often, compared to criminal enforcement, applied by many state authorities on an everyday basis including internal affairs agenies during public order maintenance. Measures of administrative enforcement are quite diverse and sometimes applied not only to punish defenders. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article describes administrative coercive measures, their distinctive features and differences from other measures of state coercion, offers a classification these measures and touches upon the grounds and peculiarities of their use by police. The author underlines that the legal features as well as the list of administrative coercive measures are constantly improving due to the development of the scope of their application and complication of social relations nowadays. Therefore, administrative coercive measures fixed by the existing legislation of the Russian Federation may be extended as and when necessary.
Keywords:
legal provisions, measures, administrative, coercion, enforcement, law enforcement bodies, prevention, suppression, application, legislation, offender
Question at hand
Reference:
Popova N.N.
Application of Coercive Measures for Infringements of Legislation on the Legal Regime of Cultural Heritage Objects
// Financial Law and Management.
2015. ¹ 2.
P. 284-290.
URL: https://en.nbpublish.com/library_read_article.php?id=66769
Abstract:
Considering the processes of natural wearing of historical memorials with time as well as their great importance for the spiritual life of nations, cultural objects should be assigned a special legal status that would allow to avoid their destruction or damage. The article reveals the basic requirements of an object of cultural heritage and points out associated violations of rules for which administrative responsibility is imposed. It is underlined that in 2013 and 2014 the refined old and new types of crime, increased penalties, changesin jurisdiction of cases on administrative offences in sphere of protection of historical and cultural monuments were introduced taking into account the legislative innovations. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The Federal Laws No. 96 of May 7, 2013 and No. 315 of October 22, 2014 are aimed at the solution of the aforesaid problems and protection of cultural heritage. The existing version of the Code of the Russian Federation on Administrative Offences describes 16 types of administrative offences (Articles 7.13 - 7.16, 7.33, Part 18 of Article 19.5) that have the same object, i.e. social relations arising during preservation, use, promotion and protection of cultural heritage objects. The author of the article also provides examples of administrative court proceedings on the matter.
Keywords:
state coercion, seizure, cultural heritage object, object of archaeological heritage, land of historical and cultural purpose, administrative offence, administrative responsibility, administrative fines, historical monument, cultural heritage
Question at hand
Reference:
Lapina M.A., Karpukhin D.V.
Summary
// Financial Law and Management.
2015. ¹ 2.
P. 291-294.
URL: https://en.nbpublish.com/library_read_article.php?id=66770
Abstract:
The subject of the research is the problem of systematization of measures of state coercion that was discussed at a scientific "Round Table" named "Systematization of measures of government coercion". Systematization of measures of state coercion is necessary due to the need to raise the question about the ratio of sanctions regulating legal liability and sanctions containing the measures of state coercion. The result of the work of the "Round Table" was a series of important conceptual scientific methodological conclusions that can be used by researchers in further development of this problem. The authors have used the following scientific methods: hermeneutical and systems approaches, methods of analysis and synthesis, induction and deduction, comparative law method, etc. Based on generalization of the work of the Round Table "Systematization of measures of government coercion" the authors have made brief conclusions. It is noted, firstly, that the Round Table made a serious scientific contribution to the development of the substantive and procedural aspects of the regulation of measures of government coercion; secondly, researchers participating in the Round Table emphasized the need for systematization of measures of government coercion.
Keywords:
sanctions, provisions, regulation, financial activity, economic activity, systematization of measures, government coercion, Russian legislation, optimization, legal liability
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