Reference:
Lomov I.S..
The problems of state registration of amusement parks in the Russia and the implementation of control (supervision) over the activities of their operators
// Legal Studies.
2024. № 10.
P. 66-77.
DOI: 10.25136/2409-7136.2024.10.71834 EDN: GBEREI URL: https://en.nbpublish.com/library_read_article.php?id=71834
Abstract:
Providing entertainment services to the public is an integral part of the general economic activity of entrepreneurship and business in the Russian Federation. The use of attractions for such purposes is a sought-after and profitable occupation, although it is fraught with high danger and risks. Since the early 2000s, the number of individual entrepreneurs and legal entities operating amusement rides has been growing in the Russian Federation, along with the growing number of consumers of such services, the vast majority of whom are incapacitated children. Every year, thousands of attractions of various types are operated throughout the Russian Federation, located outside and inside the premises, on water and land, having a mechanized and non-mechanized type of operation. The main problem is the legality of their work in terms of compliance by operators with all available safety requirements. Unfortunately, cases of various failures in the operation of attractions related to the negligence of those responsible for their safe operation and technical malfunctions are not uncommon, and have serious consequences for the life and health of entertaining visitors. The Government of the Russian Federation, realizing the importance of regulatory legal regulation of this area, has been developing a whole layer of legislation since 2016. Our research is designed to describe and identify the problems of two main areas of such regulation: state registration of attractions and control (supervision) over the activities of individual entrepreneurs and legal entities operating attractions. The main objective of the study is to make proposals on changing the current legislation governing the safe operation of attractions. The scientific novelty lies in the fact that the study offers the legislator ways to solve the accumulated regulatory problems related to the work of the State Technical Supervision bodies of the Russian Federation as a public authority exercising control (supervision) and state registration of attractions. Such proposals are unique in the scientific community and have not been described before by the authors of the research, since the regulatory sphere of public regulation of the safe operation of attractions is extremely young and requires further normative development.
Keywords:
Biomechanical effects, The field of entertainment, Safety requirements, Technical regulation, Constant raid, Federal Law, Technical regulations, Attraction, Control and supervision, State registration
Reference:
Vasileva Y.V..
Legal provision of national economic security in the face of unprecedented sanctions pressure
// Legal Studies.
2024. № 1.
P. 61-72.
DOI: 10.25136/2409-7136.2024.1.69699 EDN: JAEKMQ URL: https://en.nbpublish.com/library_read_article.php?id=69699
Abstract:
The subject of the study is normative and other legal acts, materials of law enforcement practice, provisions of domestic legal theory concerning the security of the Russian economy in the context of sanctions pressure. The object of the study is public relations regulated by regulatory acts that consolidated anti-sanctions measures. The purpose of the research is to study, generalize, theoretical and practical understanding of the legal regulation of ensuring the economic security of the Russian Federation, to develop on this basis a set of theoretical conclusions, legislative proposals and practical recommendations that provide a modern understanding of legislation in the field under consideration. Special attention is paid to the analysis of the main anti-sanctions measures taken in the Russian Federation to counteract restrictions in the economic sector, which made it possible to stabilize the situation in the Russian national economy as soon as possible. The methodological basis for achieving the set research goal was the methods of complex, systemic, comparative legal, informational, and statistical analysis. The conclusions of the study also have a scientific novelty: in the context of the strengthening of existing and the emergence of new challenges and threats to economic security, the Russian Federation maintains a fairly high level of economic sovereignty and socio-economic stability. Our country needs to continue its policy of rapid response to the sanctions pressure of unfriendly states, regulatory acts are required to be adopted aimed at structural changes in the Russian economy and reducing the dominance of Western instruments in foreign trade relations, infrastructure development and strengthening partnerships with friendly states, investment development, active improvement of digital financial technologies, updating and prolonging the implementation of national projects. The above measures should contribute to improving the well-being of Russian citizens and ensuring sustainable socio-economic development of Russia.
Keywords:
challenges, prohibitions, welfare, sustainable development, socio-economic development, legal support, sanctions, economic security, national security, threats
Reference:
Petrovskaya M.I..
Temporary Asylum: Problems of Public Administration, Statistics and Administrative Legal Regulation
// Legal Studies.
2023. № 11.
P. 108-119.
DOI: 10.25136/2409-7136.2023.11.68892 EDN: NOXKAU URL: https://en.nbpublish.com/library_read_article.php?id=68892
Abstract:
The author examines the current issues of the institution of temporary asylum in the context of the current administrative and legal regulation and public administration practice. The article pays attention to the problems of implementing the institution of temporary asylum known in the literature, associated with the complex administrative procedure for granting temporary asylum status and the long period of consideration of an application for status, as well as the falling demand for refugee and temporary asylum institutions, reflected in statistical data. The object of the study is the public relations arising in the field of forced migration. The subject of the study is the public relations that arise regarding the implementation of public administration in the process of granting temporary asylum status. The purpose of this article is to develop proposals for reforming the administrative and legal regulation of the institution of temporary asylum in the Russian Federation in the system of public management of forced migration in Russia. The scientific novelty of this article consists in conducting a qualitative analysis of the provision of refugee status and temporary asylum based on statistical data from government agencies and other sources in the field of forced migration in Russia. Particular attention is paid to forced migrants from Ukraine in the context of existing problems. A systemic problem of inconsistency between statistical data on the granting of refugee status, temporary asylum and citizenship of the Russian Federation and the actual socio-political situation has been identified. In conclusion, proposals for modernizing the current legislation in the field of forced migration are formulated, including the vesting of statistical powers in the field of forced migration of the Russian Ministry of Internal Affairs, as well as the introduction into administrative and legal practice of a new legal status - “temporary protection”
Keywords:
migration, temporary protection, administrative and legal regulation, public administration, forced migration, statistics, forced migrant, refugee, temporary asylum, citizenship
Reference:
Gorbunov I.A..
Administrative Liability for Illegal Obtaining of Classified Information
// Legal Studies.
2023. № 6.
P. 48-55.
DOI: 10.25136/2409-7136.2023.6.39670 EDN: CPEGGI URL: https://en.nbpublish.com/library_read_article.php?id=39670
Abstract:
The high relevance of the topic is due to the appearance in 2021 of article 13.14.1 of the Code of Administrative Offenses of the Russian Federation. This scientific article attempts to form a comprehensive (systematized) understanding of the composition of an administrative offense, which is expressed in the illegal obtaining of classified information. Due to the fact that administrative liability for this offense has arisen relatively recently, many theoretical aspects related to its study have not yet reached a deep scientific understanding. The same applies to law enforcement practice under article 13.14.1 of the Code of Administrative Offenses of the Russian Federation, which has not yet been formed. The article substantiates the importance of proper systematization of normative legal acts that establish the legal regime of classified information, which will ensure the correct application of article 13.14.1 of the Code of Administrative Offenses of the Russian Federation, as well as the need to form law enforcement practice, within which the subjective and objective signs of this offense will be more clearly formulated
Keywords:
structure of administrative law, undisclosed information, information law, administrative law, public law sciences, information security, information protection, administrative responsibility, confidentiality, classified information
Reference:
Pletnikov V.S..
Protection of wildlife sites: individual legal constructions and models of their implementation (regional features)
// Legal Studies.
2023. № 5.
P. 12-23.
DOI: 10.25136/2409-7136.2023.5.40787 EDN: YPGCNI URL: https://en.nbpublish.com/library_read_article.php?id=40787
Abstract:
The author focuses on the fact that the normative legal structure is implemented within the framework of various models. Moreover, every model that has developed in practice has the right to exist, of course, with the exception of defective models (including those recognized as such). Close attention is paid to the peculiarities of the application of certain legal constructions due to the models of its implementation (Articles 258 of the UKRF, Articles 7.11 and 8.37 of the Administrative Code of the Russian Federation). Special attention should be paid to the generalization of the practice of applying norms that ensure the protection of wildlife objects in the regions of Russia. At the same time, the emphasis is placed on those norms that are implemented depending on the region. The analysis, comparative research, as well as the legal and technical method used to prepare the text of the article, allowed us to formulate conclusions and recommendations aimed at solving problems arising in the field of protection of wildlife objects, both for employees of the bodies of inquiry and for supervising prosecutors. In particular, in order to give uniformity to legal practice, the implementation of legal construction strictly within the framework of a single model, it is necessary: 1) the legislator should pay close attention to the quality of the legal structure being formed; 2) to oblige the subject with the right of official interpretation, in case of occurrence of various models of implementation of the normative establishment, with a certain periodicity, to prepare materials explaining the content; 3) police officers should be guided by the explanations contained in the acts of interpretation; 4) in the extraction of hunting resources without permission and without the person in whose name the permit was issued, the act must be considered illegal hunting; 5) it is necessary to strengthen control by supervising prosecutors over the content of the decisions issued on the refusal to initiate criminal proceedings, on the initiation of criminal cases and the suspension of criminal proceedings, on the facts of illegal hunting.
Keywords:
administrative offense, crime, violation of hunting rules, illegal hunting, model in jurisprudence, legal construction, wildlife protection, animal world object, police officer, administrative responsibility
Reference:
Lomov I.S..
Actual Problems of Execution of Administrative Deprivation of the Right to Drive Vehicles on the Example of Interaction of Traffic Police and Gostechnadzor Bodies of Russian Federation
// Legal Studies.
2023. № 4.
P. 24-34.
DOI: 10.25136/2409-7136.2023.4.39863 EDN: YGXCJA URL: https://en.nbpublish.com/library_read_article.php?id=39863
Abstract:
Our article is designed to identify the actual problems of the execution of administrative punishment in the form of deprivation of the right to drive vehicles of all kinds on the example of the interaction of traffic police and Gostekhnadzor bodies in the Russian Federation and propose their solution. The relevance of our topic is related to the annual increase in the number of registered vehicles in the Russian Federation, for the management of which more and more certificates are issued. At the same time, being an unconditional source of increased danger, the vehicle and the person driving it on the basis of the right granted by the state always bear the risk of harm to health, human life, the environment, property, which naturally can lead to violation of the foundations of the constitutional order, morality, rights and legitimate interests of people. The main objective of our article is to determine the theoretical foundations of the state's activities to endow subjects of administrative and legal relations with the right to drive vehicles, as well as to consider the reasons for the ineffectiveness of interaction between traffic police and Gostekhnadzor bodies in the Russian Federation for the execution of administrative punishment in the form of deprivation of the right to drive vehicles. The uniqueness of the work and its scientific novelty lies in the fact that compliance with the provisions of the Code of the Russian Federation on the execution of administrative punishment in the form of deprivation of the right to drive vehicles is proposed to be achieved by introducing into practice the activities of the traffic police and Gostechnadzor bodies in the Russian Federation, the practical experience of interaction between the inspection of Gostechnadzor of the Kursk region with the territorial divisions of the traffic police of the Kursk region, which has already been implemented for two years areas.
Keywords:
certificate, The right to manage, special right, Administrative punishment, Administrative responsibility, Self-propelled vehicles, Vehicles, Judgment, Execution of punishment, state technical supervision and traffic police
Reference:
Druzhinin A..
Accreditation monitoring as a tool for assessing compliance with accredited indicators of educational programs of higher education.
// Legal Studies.
2022. № 12.
P. 32-43.
DOI: 10.25136/2409-7136.2022.12.38312 EDN: NHZYBB URL: https://en.nbpublish.com/library_read_article.php?id=38312
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Abstract:
The subject of this article is the transformation of the system of state regulation of higher education and, in particular, the procedures for state accreditation of educational activities. The reform of the system of state accreditation of educational activities creates a number of opportunities for the management teams of educational institutions of higher education. The article presents an assessment of how the new law enforcement practice can affect the quality management of education in higher education institutions based on the analysis of current regulatory legal acts and new legislation. For this purpose, general scientific and special legal methodology (formal legal, comparative legal) was used in the research process. The novelty of the research lies in the application of interdisciplinary approaches to the study of the subject, in combining the results of the analysis of normative legal acts with an assessment of the impact of law enforcement practice on the management system of organizations of higher education and new opportunities to improve the quality of educational programs. At the same time, the conclusion is made about the possibility of greater concentration of teams of organizations on improving the quality of educational programs due to the reduction of the bureaucratic burden on the teaching staff.
Keywords:
administrative law, assessment of the quality of education, law enforcement practice, executive authorities, state regulation of education, Federal Law on Education, accreditation monitoring, state accreditation, state control supervision, Higher education
Reference:
Ostroushko A.V..
On the Need to Improve the Conceptual Apparatus in the Field of Information Infrastructure Regulation
// Legal Studies.
2022. № 9.
P. 52-61.
DOI: 10.25136/2409-7136.2022.9.38806 EDN: RCMMSJ URL: https://en.nbpublish.com/library_read_article.php?id=38806
Abstract:
The subject of the study is the existing conceptual apparatus related to the issues of legal regulation of the processes of creation and functioning of a stable and secure information infrastructure in the Russian Federation. It is revealed that there is an insatiable need to analyze the existing legislative innovations in order to improve and develop a comprehensive mechanism for regulating the studied relations. The current normative acts were analyzed for identification of: the presence of a legal interpretation of the terms available in them; consistency of definitions available in different branches of law; correlation of legal definitions with established concepts in the technical sciences; accessibility of understanding of terms for the law enforcer in order to exclude heterogeneous law enforcement. The main conclusions of the study are: improving the mechanism of legislative regulation of activities is an important direction for the creation of a stable and secure information and telecommunications infrastructure; there is no strictly coordinated conceptual apparatus of information and telecommunications infrastructure in Russia; legislative allocation of a single information space of the Russian Federation is overdue, for which criteria have been developed that can be used by the legislator; a proposal has been put forward on the need to adopt a special federal law regulating information and telecommunications infrastructure.
Keywords:
The Internet, improvement, inconsistency, absence, legal definitions, terminology, legal regulation, telecommunication information structure, problems, information infrastructure
Reference:
Solovyev A.A..
Legal regulation of implementation of measures associated with compulsory medical treatment in certain US states
// Legal Studies.
2022. № 1.
P. 51-59.
DOI: 10.25136/2409-7136.2022.1.36012 URL: https://en.nbpublish.com/library_read_article.php?id=36012
Abstract:
The subject of this article is the questions of legal regulation of administrative and judicial procedures associated to compulsory medical treatment in the United States. Due to the reference legal regulation in legislation of the states, the research is conducted on the example of Connecticut, Maine, and Florida. Special attention is given to the following aspects: the list of persons who have the right to submit a corresponding request; the requirements for it; the procedure for medical examination of a person, hospitalization, its extension or termination; judicial consideration of the questions of compulsory hospitalization. The novelty lies in carrying out a comparative analysis of the procedures implemented in Connecticut, Maine, and Florida with regards to persons suffering from alcohol and drug addiction, mental illnesses, and active tuberculosis. The conclusion is made that the legislation of the indicated US states effectively combines the administrative and judicial procedures pertinent to compulsory medical treatment.
Keywords:
administrative law, administrative procedures, judicial procedures, compulsory medical intervention, USA, foreign experience, administrative proceedings, medical law, comparative jurisprudence, hospitalization
Reference:
Novgorodov D..
On the possibility of replacing administrative fine with another type of administrative penalty
// Legal Studies.
2021. № 5.
P. 42-47.
DOI: 10.25136/2409-7136.2021.5.35668 URL: https://en.nbpublish.com/library_read_article.php?id=35668
Abstract:
The object of this research is the social relations arising with regards to bringing to administrative responsibility and imposition of administrative penalties in the form of administrative fine on the persons who have committed administrative offenses. The subject of this research is the current administrative legislation of the Russian Federation that regulates the procedure for bringing the offenders to administrative responsibility, as well as the materials of judicial statistics and practice on imposition of administrative penalties in the form of fines. Analysis is conducted on the amendments in administrative legislation that took place in recent years. The author compares the judicial statistics for the period from 2015 to 2019. The novelty consists in the fact that having analyzed the amendments in administrative legislation and judicial statistics, the author concludes that the practice of bringing the offenders to administrative responsibility testifies to the lack of effectiveness of the taken measures. The growing number of offenses indicates that administrative responsibility does not achieve the goals set by the Part 1 of the Article 3.1 of the Code of the Russian Federation on Administrative Offenses. The natural response of the legislator to low efficiency consists in increasing the size of administrative penalties and application of stricter sanctions, but it won’t produce the desirable effect. Therefore, the author offers to develop and adopt a new procedure for replacing one type of administrative penalty with another.
Keywords:
statistics, Mandatory work, Administrative penalty, Warning, punishment, Administrative responsibility, offense, Administrative law, Administrative legislation, Substitution of punishment
Reference:
Beketov O.I., Maile A.D., Goman O.S., Surgutskov V.I..
Models of legal regulation of sales of personal weapons in foreign countries (on the example of the United States, Germany, and Japan)
// Legal Studies.
2020. № 11.
P. 39-51.
DOI: 10.25136/2409-7136.2020.11.34726 URL: https://en.nbpublish.com/library_read_article.php?id=34726
Abstract:
The object of this research is the social relations established with regards to the sales of personal weapon in the United States, Japan, and Germany. The subject of this research is the legislation of the aforementioned countries, which regulates the sales of weapon for civilian population. The key goal lies in elaboration of the models of legal regulation of the sales of personal weapons based on the analysis of normative legal acts. The article reveals the peculiarities of establishment, development, and current state of legal regulation of sales of personal weapons abroad using the example of three countries – United States, Germany, and Japan. The scientific novelty of the conducted research consists in description of the three contrasting models of legal regulation of sales of personal weapons: liberal-permissive, prohibitory-paternalistic, and combinatory. The conclusion is made that the choice of the method of legal regulation of sales of personal weapons depends on the objective factors the country exists in, namely: social, political, cultural, ideological, religious, as well as historical experience of the country, regulation of domestic social issues, population mentality, presence or absence of the “war status”. There is yet no universal model for regulation of the sales of personal weapon. Most efficient implementation of the indicated models is possible only in case of the balanced consideration of all objective actors for each particular country.
Keywords:
USA, civil weapons, prohibition, control, authorization, turnover, legal regulation, model, Germany, Japan
Reference:
Nikitin V..
Mandatory and voluntary standards and norms of technical regulation in the activity of construction companies (legal aspect)
// Legal Studies.
2020. № 10.
P. 1-14.
DOI: 10.25136/2409-7136.2020.10.32076 URL: https://en.nbpublish.com/library_read_article.php?id=32076
Abstract:
The subject of this research is the correlation between standards and technical regulation in construction sector, as well as the examination of practical consequences of various legal regimes – and mandatory and voluntary for business activity of construction companies in the Russian Federation. Standards and technical regulation of industry are viewed as legal norms in the context of progress made on harmonization of Russian law, legislation of the Customs Union, and regulations of the World Trade Organization. In this regard, standards are considered as voluntary set of norms, adherence to which is declared by the contractors and service providers, and controlled by independent organizations that conduct verification of adherence. The norms of technical regulations are referred to as mandatory norms. The conclusion is formulated on the essential voluntary nature of standards and mandatory nature of technical regulations. The author clarifies the concept of the basic goal of standardization – achievement of high quality, and the key goal of technical regulation – achievement of safety in the process and in usage of the results. Practical limitations of application of the formulated conclusions in the activity of construction companies are outlined. The author also concludes on deformation of the general framework concept of voluntary and mandatory norms of technical regulation in construction sector towards increasing the number of mandatory requirements. Such deformation is a result of passing a separate law – Technical Regulations on the Safety of Buildings and Structures, which is special in regards to the Law on Technical Regulation, as well as to multilevel and thus often contradictory regulation of technical norms in construction sector.
Keywords:
Urban development code, technical reglament, WTO, standards, technical regulation, design, construction, construction contracts, industrial security, industrial regulation
Reference:
Savichev A..
Administrative-legal models of state management of tourism sector in the Russian Federation
// Legal Studies.
2020. № 10.
P. 15-26.
DOI: 10.25136/2409-7136.2020.10.34277 URL: https://en.nbpublish.com/library_read_article.php?id=34277
Abstract:
The formation of optimal system of state management of tourism sector is one of the most relevant problems of tourism development in Russia and abroad. The subject of this research is peculiarities of the models of state management of tourism sector, as well as federal and regional normative legal acts that establish the structure of executive branches and determine the competence of bodies that have special authority in tourism sector. The article explores the administrative-legal aspect of the foreign model of state management of tourism sector. The author reviews the evolution of formation of executive branches in the Russian tourism sector in pre-revolutionary, Soviet, and modern periods; as well as gives assessment to the existing model of tourism management in the Russian Federation in light of the Presidential Decree No. 372 of 06.05.2020 “On the Enhancement of State Administration in the Sphere of Tourism and Tourist Activities”. This article is first to analyze the models of state management of tourism sector implemented on the level of the federal subjects of Russia. The author comes to the following conclusions: the reform of national tourism administration will be continued; the most common model in the subjects of the Russian Federation is the model of cross-sector regulation of tourism.
Keywords:
regional tourist administration, national tourist administration, constituent entities of the Russian Federation, Ministry of Economic Development, The Russian Government, Russiatourism, executive authorities, public administration of tourism, model of public administration, tourism
Reference:
Solovyev A.A..
General problems of legal regulation of administrative and judicial procedures related to compulsory medical treatment in foreign countries
// Legal Studies.
2020. № 1.
P. 10-19.
DOI: 10.25136/2409-7136.2020.1.29649 URL: https://en.nbpublish.com/library_read_article.php?id=29649
Abstract:
The subject of this research is the questions of legal regulation of administrative and judicial procedures related to compulsory medical treatment in foreign countries. Such measures may be applied to persons suffering from dangerous infectious diseases and various addictions; however, in majority of countries are applied to persons with severe mental disorders. The experience of foreign countries in the area of legal regulation on implementation of the indicated procedures differs which requires conducting the comparative legal research. The scientific novelty consists in the fact that the author is first within the Russian legal science to carry out a comparative analysis of the administrative and judicial procedures associated with compulsory medical treatment used abroad. Particularly, the author explores such measures as compulsory ambulatory treatment and forced hospitalization, criteria for determining danger to others, as well as personal rights to individual to whom these measures are applied.
Keywords:
hospitalization, compulsory treatment, administrative law, administrative procedure, judicial proceedings, administrative court process, foreign experience, patient's right, danger to the community, mental illness.
Reference:
Zaborovskaia I., Rekova V.S., Platonova V.I., Rezhapova I.M..
Anti-Corruption Sense of Justice as an Overriding Factor of Personality Development of a Penal Correction System Officer
// Legal Studies.
2019. № 10.
P. 39-48.
DOI: 10.25136/2409-7136.2019.10.27521 URL: https://en.nbpublish.com/library_read_article.php?id=27521
Abstract:
The need in corruption prevention and the necessity to create the anti-corruption legal base are recognized by all states. This particular research is devoted to modern trends in corruption observed inside the penal system. The authors analyze views of researchers on this phenomenon as well as anti-corruption solutions and prove the importance of developing anti-corruption sense of justice and moral education of penal corection system officers. They also offer particular prevention measures aimed at developing anti-corruption sense of justice of officers. In the course of their research the authors analyze provisions of the federal law No, 273 On Corruption Prevention dated December 25, 2008 and offer measures aimed at anti-corruption behavior of officers. As a result of their research, the authors emphasize the need to develop anti-corruption policy and anti-corruption culture as well as the need to teach anti-corruption behavior and sense of justice to penal correction system officers and the need to discover and eliminate causes of corruption. They also conclude that there is a need to develop anti-corruption standards that are being developed by state authorities today for particular spheres of social relations.
Keywords:
anti-corruption policy, anti-corruption, penal system, penal correction system, anti-corruption culture, anti-corruption behavior, employees of a penal correction system, bribe, sense of justice, corruption prevention
Reference:
Karpukhin D.V., Ostroushko A.V..
Concerning the Legal Nature of Notifications About the Use of Budgetary Enforcement Measures
// Legal Studies.
2019. № 10.
P. 49-58.
DOI: 10.25136/2409-7136.2019.10.30928 URL: https://en.nbpublish.com/library_read_article.php?id=30928
Abstract:
The object of the research is codification of budgetary relations arising in the process of implementation of budgetary enforcement measures. In 2013 the Budgetary Code of the Russian Federation offered a completely new two-level administrative procedure construction that implied fixation of the grounds for implementation of budgetary enforcement measures in notifications about the use of budgetary enforcement measures and decisions that such measures shall be applied. Analysis of the law enforcement practice of using the aforesaid budgetary enforcement measures has demonstrated that there is a problem defining the legal nature of notifications about the use of budgetary enforcement measures. The research is based on the combination of general and special research methods used in social and legal studies. The methodological basis of the research includes the dialectical method with typical requirements of objectivity, versatility, historicism and specificity of truth. General research methods used by the researcher include analysis, synthesis, comparison and measurement. The special research method is the comparative law analysis. As a result of the research, the author discovers that the problem of defining the legal nature of notifications about the use of budgetary enforcement measures is caused by the two-level law enforcement construction of budgetary enforcement measures that implies both notifications and decisions about application of budgetary enfrocement measures. The researcher also underlines the dual nature of notifications that, besides fixation of the grounds for implementation of budgetary enforcement measures and stating the amount of funds that have been used violating the limits of interbudgetary transfers, budget credict or have been used not for intended purpose, also contains instructions about making relevant decisions.
Keywords:
comparative analysis, arbitration practice, defendants, litigation, plaintiffs, codification, administrative coercion, state coercion, financial relations, Russia
Reference:
Damm I.A., Shishko I.V..
Prevention of Corruption Risks During State Final Certification at School or University: Legal Aspect
// Legal Studies.
2018. № 12.
P. 11-29.
DOI: 10.25136/2409-7136.2018.12.28548 URL: https://en.nbpublish.com/library_read_article.php?id=28548
Abstract:
The subject of the research is the legislation about education and anti-corruption measures as well as local regulatory acts of higher education establishments. The authors of the article analyze the current state of the legal regulation of the state final certification procedure carried out at schools or universities (federal universities) for the purpose of discovering corruption risks. The authors focus on the discovery of corruption risks at each stage of state final certification (preparation, conduction, follow-up of results, and appeal) and development of prevention recommendations. In the course of their research the authors have used the dialectical research method as well as structured systems approach, comparative law, formal logic and others. The results of the research demonstrate that the preventive anti-corruption potential of local acts regulating the state final certification procedure at universities is way below the established procedure of state final certification (Unified State Exams at schools). The authors describe the main corruption risks that may arise at different stages of state final certification at school or university and make suggestions on how to improve the legal regulation of state final certification procedure taking into account the successful experience of the legal regulation of the aforesaid certification procedure.
Keywords:
prevention, assessment materials, test measurement materials, USE, state final certification, schools, universities, education, corruption risks, corruption
Reference:
Ivanova I.A..
Choosing Administrative Legal Proceedings for the Protection of Rights: Judicial Practice
// Legal Studies.
2018. № 6.
P. 62-66.
DOI: 10.25136/2409-7136.2018.6.26430 URL: https://en.nbpublish.com/library_read_article.php?id=26430
Abstract:
The subject of the research is the nettlesome issues and questions that relate to a particular legal proceeding based on the selected means of protection of applicant's rights. Ivanova analyzes the provisions of the Administrative Procedure Code of the Russian Federation on the rejection of an administrative application as a result of the wrong selection of the legal proceeding kind. She also outlines the debatable issues in the current judicial practice and defines the matter of debate between parties. The subject of the research is the forthcoming changes in the legislation. The methodological basis of the research includes basic procedures including analysis and synthesis, analogies, logical, comparative law analysis, etc. Based on the analysis of judicial cases te author comes to the following conclusions: 1. The definition given in Subclase 1 of Clause 1 of Article 128 of the Administrative Procedure Code of the Russian Federation needs to be changed, in particular, to be narrowed, as the Supreme Court of the Russian Federation suggests in its draft law; 2. Despite the fact that the Administrative Procedure Code of the Russian Federation came into effect on September 15, 2015, applicants and sometimes courts still face confusion in administrative legal proceedings when they try to define whether this or that claim should be submitted as administrative offence; 3. Taking into account all the mentioned above, there is a certain abuse of the law from the side of administrative applicants which is demonstrated by the second example.
Keywords:
position, jurisdiction, administrative relations, code of administrative proceedings, defendant, administrative applicant, administrative proceedings, administrative statement of claim, judicial practice, judicial protection
Reference:
Nesterov A.I..
Mass Media in Terms of Legal Capacity and Competence
// Legal Studies.
2018. № 4.
P. 9-20.
DOI: 10.25136/2409-7136.2018.4.20729 URL: https://en.nbpublish.com/library_read_article.php?id=20729
Abstract:
The subject of this research is the particular aspects of the legal regulation of mass media sphere that touch upon the nature of mass media and mass media establishment. The author of the article carries out an analysis of the Russian law on mass media and, based on the analysis results, makes a number of conclusions that underline the need to improve certain provisions of the laws not only in the procedure but also in the content. The author pays special attention to the definition (i.e. clarification) of the range of collective law subjects that have the right to act as an establisher of mass media according to the Russian law. The methodological basis of the research includes general research methods, formal law method of interpreting law and comparative law method. Based on the author, the novelty of the research is caused by the approach to interpreting mass media information as it is, i.e. using such legal concepts as legal capacity and law subject as methodological means of research. On the one hand, this allowed to demonstrate imperfection of the Russian law, in particular, the fact that the 'mass media' term is used by the Russian law in different meanings (law subject and law object) while it is legally defined as the law object. On the other hand, in the course of his analysis of applicable laws and regulations as well as judgements of Russian courts, Nesterov has discovered uncertainty in the definition of a range of individuals whose legal capacity allow them to act as mass media establishers. The author points out that not all collective law subjects mentioned in Article 7 of the Law on Mass Media may act as mass media establishers. It appears that conclusions made by the author may be of interest to researchers and, if recognized, may be used in law-making and law-enforcement processes. A number of conclusions and suggestions made by the author of this article focus not only on improving particular laws and regulations but may also extend the mechanism of legal regulation of all social relations being viewed as well as define a range of individuals who are entitled to execute rights and responsibilities set forth by the law as well as to bear legal responsibility for violations of law being committed.
Keywords:
mass media, mass media establishment, law subject, law object, mass media subscriber, union of citizens, legal capacity, organization, labour union, social association
Reference:
Mamatov M.V., Maslov I.A..
Preventive Role of Prosecutor in the Scope of Administrative Offences Legislation
// Legal Studies.
2018. № 1.
P. 41-52.
DOI: 10.25136/2409-7136.2018.1.23507 URL: https://en.nbpublish.com/library_read_article.php?id=23507
Abstract:
Based on the analysis of applicable laws and current law-enforcement practice, the authors of this article describe preventive measures undertaken by prosecutors in the sphere of administrative offences legislation. The authors pay special attention to the issues that may arise in the process of applying special means set forth by Article 29.13 of the Russian Federation Administrative Offence Code - prevention of causes and conditions that constitute an administrative offence by analysing the nature of such offence and reflecting on whether existing opinions on the matter are false or true. The authors of the article study organizational/management and information guidelines of prosecutor's office, judicial and non-judicial practice of administrative justice authorities. In the course of their research, tasks and objectives setting and achievement, the authors have used a set of diversified research methods and theoretical analysis. The research is based on the dialectical approach and associated research methods such as systems approach, structure analysis, logical, comparative law, special law and legal modelling methods. The Russian Federation Administrative Offence Code describes different legal mechanisms aimed at prevention of such offences. One of the most efficient means is to introduce the provision about elimination of causes and conditions that constitute an administrative offence based on Article 29.13 of The Code. For the first time in the academic literature the authors of the article carry out an integral analysis of how this means is applied by prosecutor's office.
Keywords:
eliminate the causes and conditions that constituted an administrative offense, administrative offense, state organs of administrative jurisdiction, code of the Russian Federation about administrative offenses, court, Prosecutor, prevention, private definition, legislation, proceedings
Reference:
Kapustina V.A., Kozlova Y.A..
Problems of employment of retired government and municipal employees subject to anti-corruption restrictions
// Legal Studies.
2017. № 6.
P. 65-72.
DOI: 10.25136/2409-7136.2017.6.19293 URL: https://en.nbpublish.com/library_read_article.php?id=19293
Abstract:
The research subject is the peculiarities of employment of government and municipal employees upon retirement. The authors analyze the legislative restrictions imposed on former government and municipal employees willing to enter a labor or commercial contract. The authors reveal the topical problems connected with the approval of a special commission responsible for the supervision over the observance of the requirements to the code of conduct of government employees and conflict of interest management. The research method is the theoretical analysis of statutory documents of the Russian Federation regulating the procedure of employment of former government and municipal employees. The authors conclude that the current legislation contains contradictions relating the obligation of former government and municipal employees to obtain approval of the commission supervising over the observance of the requirements to the code of conduct of federal government employees and conflict of interest management. The contradiction is connected with the obligation of a former government or municipal employee to obtain approval of this commission before official employment; it is significant impairment of labor rights of former government employees as compared with other applicants.
Keywords:
official duties, anti-corruption, employment, personal interest, conflict of interest, municipal employee, government employee, restrictions of employment, administrative responsibility, labor rights
Reference:
Damm I.A., Ron'zhina O.V., Tolstikova I.N., Popov A.V., Tabakova I.N., Petrovykh N.N., Akunchenko E.A., Sukhareva K.S., Shchedrin N.V..
Topical issues of changing the procedure of incomes, expenditures, assets, and liabilities disclosure by persons serving as municipal officials
// Legal Studies.
2017. № 5.
P. 31-51.
DOI: 10.7256/2409-7136.2017.5.22713 URL: https://en.nbpublish.com/library_read_article.php?id=22713
Abstract:
The research subject includes Russian statutory instruments, regulating disclosure of incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, their spouses, and underage children. The authors study the legislative novels, introduced by the Federal Law of 03.04.2017 No 64 “On amending particular statutory instruments of the Russian Federation for the purpose of improvement of state anti-corruption policy”. Special attention is given to the content of new procedures of disclosure of incomes and expenditures, open access to such information, reasons for inspection, and the lack of a formalized procedure of initiation of a legal action by the highest official of the territorial unit of the Russian Federation in case the fact of providing unreliable or incomplete information on incomes and expenditures has been detected. The authors apply general scientific method of dialectical cognition, and the set of specific methods: historical-legal, system-structural, comparative-legal, formal-logical methods, deduction, induction, definition and division of a notion. The authors detect the problem of legal uncertainty of disclosure of information on incomes, expenditures, assets and liabilities by persons, serving as municipal officials, according to the new procedure, adopted in 2017, due to the lack of procedures in territorial units of the Russian Federation. The article considers the key advantages and disadvantages of different ways of providing information on incomes and expenditures, the problems of its further publication and storage, and the issues of legal regulation of the reasons for initiation of inspection by the highest official of the territorial unit of the Russian Federation. The authors formulate the proposals about the formation of regional legislation, regulating the procedure of disclosure of information about incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, according to the new procedure, and about the improvement of the current federal legislation.
Keywords:
reasons for inspection, verification of submitted information, details of income, deputy, head of the municipality, municipal office, prevention of corruption, publication, initiation of a legal action, early termination of office
Reference:
Maslii A.I..
The ways of registration and confirmation of maintenance requirement inception time for a vessel for the purpose of application of the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union
// Legal Studies.
2017. № 2.
P. 1-13.
DOI: 10.7256/2409-7136.2017.2.21828 URL: https://en.nbpublish.com/library_read_article.php?id=21828
Abstract:
The author considers the current problems of registration and confirmation of maintenance requirement inception time for a vehicle of international transportation which is one of the conditions that should be observed if the shipowner aims at avoiding customs clearance charges and ad valorem taxes as specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union. Special attention is paid to the established arbitration court rulings filling the current legal vacuum, caused by the absence of the established list of documents, confirming the maintenance requirement inception time. The author applies the methods of analysis and legal interpretation, formal-legal method and the method of legal prognostication, etc. The author formulates the list of documents (together with the seamanship examples and detailed explanations) which could confirm the maintenance requirement inception time for the vehicle of international transportation and the appropriateness of application of the sub-clause 1, clause 1, article 347 of the Customs Code.
Keywords:
Customs Code of the Customs Union, list of documents 347 of the Customs Code, maintenance requirement , vessel maintenance, repair of vessel, vessel, vehicle of international transportation, ship's log, captain's report, repair specifications
Reference:
Lipinsky D.A..
The administrative punishment concept
// Legal Studies.
2017. № 2.
P. 24-43.
DOI: 10.7256/2409-7136.2017.2.22105 URL: https://en.nbpublish.com/library_read_article.php?id=22105
Abstract:
The research subject is the administrative punishment concept in its interconnection with the general theoretical concept of “legal punishment”. The “administrative punishment” concept is analyzed from the position of the theory of state and law, rather than from administrative and legal positions. The author notes not only the legal, but also the social character of the “punishment” category. Proceeding from the general to the particular, the author reveals the features of administrative punishment and compares them with the definitions, contained in the Criminal Code of the Russian Federation, and with the repealed Administrative Offences Code of the Russian Federation. The author analyzes the rulings of the Constitutional Court and international statutory instruments. The author applies the historical-legal, formal-legal and comparative-legal research methods. The study is based on the dialectical method and the philosophical laws of transition from quantity to quality, unity and struggle of opposites, and negation of negation. The author formulates the features of administrative punishment, based not on the administrative approach, but on the methodology of the theory of state and law. The author substantiates the general theoretical, rather than the sectoral nature of the concept of “punishment”. The author offers amending the article 3.1 of the Administrative Offences Code of the Russian Federation. In the author’s opinion, it should read as follows: “Administrative punishment is the measure of administrative responsibility imposed by the government for an administrative offence; it serves for the penalty and the prevention of new offences as by the same offender, so by other persons, and for the restoration of social relations and the correction of offenders”.
Keywords:
doctrine of punishment, purpose of punishment, features of administrative punishment, signs of punishment, administrative punishment, responsibility, punishment, administrative responsibility, legal responsibility, social institution of punishment
Reference:
Maslii A.I..
Topical problems of application of the maintenance requirement inception time condition for a vehicle of international transportation (sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union)
// Legal Studies.
2017. № 2.
P. 14-23.
DOI: 10.7256/2409-7136.2017.2.22132 URL: https://en.nbpublish.com/library_read_article.php?id=22132
Abstract:
The article studies one of the problems accompanying the shipowner’s right to avoid customs clearance charges and ad valorem taxes for vessel maintenance carried out beyond the Customs Union’s territory (sub-clause 1, clause 1, article 347 of the Customs Code). The author studies the established judicial legal approaches to the conditions of maintenance requirement inception time for a vehicle of international transportation, and proves their inconsistency with the sense of this condition. The author applies the set of general scientific and specific legal research methods of cognition, which help obtain the necessary results. The scientific novelty consists in the fact that the author is the first who pays attention to the recently established incorrect judicial interpretation and enforcement of the condition, specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union, about the maintenance requirement inception time for a vehicle of international transportation, which in fact except the possibility to use the privilege specified in this legal provision. The author formulates the conclusions and suggestions, which, in his opinion, comply with the spirit of this condition and the legislator’s logic.
Keywords:
ship repair, Customs Code of the Customs Union, international transportation conditions, article 347 of the Customs Code of the Customs Union, international transportation, maintenance, repair, vessel, vehicle of international transportation, ship in ballast
Reference:
Suponina E.A., Markevich A.S..
On the prospects of compulsory community service as a form of administrative punishment
// Legal Studies.
2017. № 1.
P. 91-97.
DOI: 10.7256/2409-7136.2017.1.19035 URL: https://en.nbpublish.com/library_read_article.php?id=19035
Abstract:
The article contains the analysis of the legal nature and the specificity of compulsory community service as an element of the administrative punishment system; the mechanism of implementation of this form of administrative punishment; the prospects of its optimization and the problems of its correlation with administrative arrest. The research subject includes the provisions of administrative tort law regulating the content, reasons and procedure of use of compulsory community service as a punishment; the activities of specialized bodies aimed at its implementation and the statistical and empirical data on this issue. The authors apply modern achievements in epistemology and administrative tort law. The research methodology is based on general scientific and specific research methods. The authors use the historical, statistical, sociological, comparative-legal, formal-logical, system-structural and other research methods and the method of expert assessment. The scientific novelty of the study consists in its subject – the establishment and application of such a comparatively new for Russian legislation form of punishment as compulsory community service. The authors assess the possibility to extend the scope of compulsory community service on persons of no fixed abode and permanent source of income.
Keywords:
dropouts, administrative tort law, execution of administrative punishments, administrative punishment, administrative responsibility, administrative arrest, compulsory community service , punishment avoidance , purpose of punishment, public order
Reference:
Maslii A.I..
Problems of interpretation and forms of expression of the necessity to carry out the operations of technical maintenance and current repair of vehicles of international transportation
// Legal Studies.
2016. № 12.
P. 1-8.
DOI: 10.7256/2409-7136.2016.12.2146 URL: https://en.nbpublish.com/library_read_article.php?id=21465
Abstract:
The author considers the existing legal problems, caused by the absence of the normative consolidation of the definition of the term “necessity to carry out the operations with a vehicle of international transportation” in the current Russian legislation, and the forms of expression of such a necessity, which is one of the conditions for the tax benefit, provided by the article 347, clause 1, sub-clause 1 of the Customs Code of the Customs Union, which grants the remission of customs taxes in cases of technical maintenance and current repair of a ship. The author applies the set of methods, such as analysis, legal interpretation, the formal-legal method and others. The author concludes that: It is necessary to amend the current version of the article 347, clause 1, sub-clause 1 with the condition, that the need for the operations of technical maintenance and current repair with a vehicle of international transportation should be presented in a written form; Since the article 347, clause 1, sub-clause 1 doesn’t contain the definition of the term “necessity to carry out the operations with a vehicle of international transportation”, it is usually interpreted by judicial authorities and such a unification doesn’t take into consideration the interests of ship-owners and sometimes hampers their realization. Therefore, the definition of this term should be normatively consolidated via amending the article 4 of the Customs Code of the Customs Union with a sub-clause 53, eliminating all the contradictions. The scientific novelty of the research consists in the fact that the issues of the necessity to carry out operations of technical maintenance and current repair of vehicles of international transportation haven’t been studied in this context so far.
Keywords:
necessity to repair a vehicle of international tra, Maintenance of a ship, Repair of a ship, Repair, Customs Code of the Customs Union, vehicle of international transportation, Shipowner, ship, form of expression of the necessity, interpretation of the term "necessity"
Reference:
Shishko I.V., Damm I.A..
Fee-based participation of a government (municipal) official in educational advanced professional training programs: the issues of legality and competing interests
// Legal Studies.
2016. № 10.
P. 1-9.
DOI: 10.7256/2409-7136.2016.10.2030 URL: https://en.nbpublish.com/library_read_article.php?id=20303
Abstract:
The research subject is Russian statutory instruments regulating a fee-based participation of government (municipal) officials in educational programs in the capacity of lecturers. The authors consider such aspects as the legitimacy of participation of government (municipal) officials in educational advanced professional training programs in the capacity of lecturers in their own time and for a fee, and the problem of competing interests. Special attention is paid to the study of the arguments of the supporters and the opponents of the consideration of such participation as complying with anti-corruption legislation. Educational organizations, dealing with educational advanced professional training programs, are intended to ensure continued high quality professional development of government and municipal officers of the Russian Federation. Advanced professional training presupposes the acquisition of a new qualification or (and) improvement of skills in the present one. Some aspects of an educational program are very specific and require wide experience. To ensure high quality education in its practical component, educational organizations invite government and municipal experts to participate in educational advanced professional training programs. Upon amending the article 10 “Competing interests” of the federal law No 273 “On combating corruption”, many experts, working as government officials, decide not to participate in educational programs or not to accept payment for their work as lecturers. The authors apply dialectical, system-structural, formal-logical and other methods of scientific cognition. The issue of compliance of the participation of government (municipal) officials in educational advanced professional training programs with the federal law “On combating corruption” is raised in the article for the first time after the adoption of the above mentioned legislative novels. Based on the provisions of educational, anti-corruption and labor legislation, the authors conclude that the participation of government (municipal) officials in educational advanced professional training programs in their own time and for a fee is legal and doesn’t cause competing interests.
Keywords:
professional training, fee-based activity, municipal official, government official, legitimacy , educational organization, educational activity, combating corruption, competing interests, recommendations
Reference:
Ageev V..
The Board for coordination of struggle against corruption in the territorial subject of the Russian Federation: the main objectives and the mechanisms of their achievement
// Legal Studies.
2016. № 4.
P. 1-10.
DOI: 10.7256/2409-7136.2016.4.18121 URL: https://en.nbpublish.com/library_read_article.php?id=18121
Abstract:
The research object is the Model provision on the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation consolidated by the Presidential Decree of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement”. The research subject includes the main objectives of the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation. The author considers the issues of the state anti-corruption policy, the order of interaction of the Board with other governmental entities in the sphere in question. The research methodology is based on the statutory instruments of the Russian Federation and its territorial subjects, and the works of Russian scholars. The author applies general and special scientific research methods. The novelty of the study is determined by the absence of works in this problem field. The author comes to the conclusion that with the issue of the decree of the President of the Russian Federation of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement” the certain vertical is being built in the anti-corruption system of the Russian Federation and its territorial subjects. But the mechanism of implementation of the Board’s tasks, established by the Decree, requires a more detailed elaboration.
Keywords:
corruption, struggle against corruption, anti-corruption policy, state anti-corruption policy, regional anti-corruption policy, conflict of interests, public service, Model provision, coordinating body, highest official
Reference:
Fedotov V.V..
Legal regulation of the time period of delivery of public service of real estate title and transaction registration
// Legal Studies.
2016. № 2.
P. 15-26.
DOI: 10.7256/2409-7136.2016.2.17588 URL: https://en.nbpublish.com/library_read_article.php?id=17588
Abstract:
The research subject is legal regulation of the time period of real estate title registration. The article considers the main statutory instruments regulating procedural periods of real estate title registration and evaluates the conformity of legal standards and their content. In the author’s opinion, the fact that the time period of delivery of public service is regulated by various statutory standards indicates the existence of significant legal gaps. The author supposes that the comprehensive data on the time periods of real estate title registration as one of public services should be contained in the law on registration, or should be regulated by the administrative procedure. The research methodology is based on general and specific scientific methods of cognition. The author applies the methods of analysis and synthesis, comparative-legal and statistical methods. The author explains the necessity to fulfill the potential of administrative procedure and exclude the departmental and local statutory instruments from the range of regulatory instruments. In the author’s opinion, there’s a need for increasing administrative supervision over the time periods of delivery of a public service. The author concludes that the law on real estate title registration coming into force in 2017 will predetermine the solution of practical problems.
Keywords:
The public service, Registration of rights, Standard services, Road map, MFC, Administrative responsibility, Administrative regulations, Term, Regulation, Property Register
Reference:
Dolgikh I.P., Suponina E.A..
Problems and prospects of the Russian legislation on administrative offences
// Legal Studies.
2016. № 2.
P. 39-49.
DOI: 10.7256/2409-7136.2016.2.17835 URL: https://en.nbpublish.com/library_read_article.php?id=17835
Abstract:
The article is devoted to the normative gaps of the current legislation on administrative offences undermining law enforcement practice. Over the last decades, several large-scale organizational and regulatory measures, aimed at improving the legislation on administrative offences, have been implemented in the Russian Federation, but it still can’t be called optimal. The impetuous growth of the quantity of registered administrative offences demonstrates that the lawmaking process lags behind the current needs of the society. The research subject includes the administrative provisions of the current Code of Administrative offences, which are considered by the authors in the light of the draft law №957581-6. The research methodology includes the dialectical method and the set of general scientific methods, including logical and historical, the method of advancing from the abstract to the concrete, and specific scientific methods (comparative jurisprudence, statistical methods, system analysis, interpretation of law, etc.). This work is one of the first complex interdisciplinary studies of the current theoretical, legislative, and law-enforcement problems of the range of institutions of administrative law (administrative investigation, inchoate crime, etc.). The authors offer the measures of the current legislation improvement aimed at its further optimization in the sphere of lawmaking and law enforcement.
Keywords:
administrative and tort law, administrative liability, Administrative Code, administrative investigation, attempted offense, an administrative offense, prevention of offenses, the purpose of punishment, administrative penalty, humanization of the law
Reference:
Amelin R.V..
The way of access to information as an element of legal status of government information systems users
// Legal Studies.
2015. № 9.
P. 1-12.
DOI: 10.7256/2409-7136.2015.9.15993 URL: https://en.nbpublish.com/library_read_article.php?id=15993
Abstract:
The article considers the way of access to information in government information systems in the general context of study of their legal regime. The author attempts to demonstrate that the way of access to information is an essential part of legal status of government information systems users and should be defined by the range of such factors as legal regime of information and the goals of its use. The author attempts to systematize the ways of access to information and their linkage with the respective factors. The empirical base of the research contains normative legal acts regulating the legal regime of information systems created on the base of federal laws. On basis of the analysis of the respective legal norms the author attempts to outline the “best practices” of legal regulation. The author offers particular recommendations about the improvement of legislation regulating different ways of access. The considered ways of access to information in government information systems, their connection with the legal regime of the respective data and the authorities of information users can be used as a base for the creation of a united model of government information systems legal regulation.
Keywords:
government services, information request, "personal cabinet" , official site, way of access, access to information, information user, Government Information System, Public Information, accuracy of the information
Reference:
Dresvyannikova E.A..
On the efficiency of implementation of administrative legislation in the sphere of road safety
// Legal Studies.
2015. № 8.
P. 48-75.
DOI: 10.7256/2409-7136.2015.8.15591 URL: https://en.nbpublish.com/library_read_article.php?id=15591
Abstract:
One of the tasks of the science of administrative law at present is the study of the problems of administrative legislation implementation. Various amendments to the Code of Administrative Offences of the Russian Federation have made some of its provisions complicated and contradictory. The author supposes that the analysis of the problems of implementation of the existing administrative legislation in the sphere of road safety is a precondition for the formation of an effective mechanism of administrative-legal regulation of this sphere and one of the conditions of optimisation of road safety and the decrease of accident rate. The methodology of the research is based on the recent achievements of epistemology. The author uses the general scientific methods (analysis, synthesis, deduction) and the special scientific methods (formal-logical and comparative legal). The novelty of the research lies in the suggested measures of the existing administrative-delictual legislation enhancement aimed at its further optimisation in the aspects of law-making and law-enforcement and realization of the government policy in the sphere of road safety provision.
Keywords:
rates, punishment, crime, accident rate, tort, traffic, security, Administrative legislation, responsibility, legal awareness
Reference:
Abaturov A.I..
Legal qualification of organization of and participation in strikes by prisoners (disciplinary liability)
// Legal Studies.
2015. № 7.
P. 1-8.
DOI: 10.7256/2409-7136.2015.7.15063 URL: https://en.nbpublish.com/library_read_article.php?id=15063
Abstract:
The subject of the study is a range of social relations arising in the process of preventive influence on persistent violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions of Russia. The author considers the actual problems of disciplinary responsibility imposition on convicts serving a criminal sentence for organization of strikes. Particular attention is paid to the role of the convict-leader, who is a separate object of preventive measures taken by the personnel of a penitentiary institution. The methodology of the research is based on the dialectical method of cognition of reality. The author also uses the general scientific and the special methods of cognition: the comparative legal method for the analysis of the new and the previously existed criminal regulations and penitentiary legislation; the statistical method for the analysis of the statistical data for the period from 2000 to 2013. Special contribution of the author consists in the fact that this research has an important theoretical role and can be applied in the sphere of organization of work of the personnel of penitentiary institutions. The paper presents the characteristics of the problems in the field of study, develops the theoretical basis for the improvement of the functional mechanism of structural units of correctional institutions aimed at the prevention of unlawful acts by convicts, declared persistent infringers of the established order of service of sentence.
Keywords:
personnel of the institution, The Constitution, grouping, leader, prevention, strike, penitentiary institution, convicts, penal legislation, penal colony
Reference:
Airikh V.A..
The peculiarities of organizational, legal and financial provision of the police service work in Germany
// Legal Studies.
2015. № 5.
P. 1-23.
DOI: 10.7256/2409-7136.2015.5.14679 URL: https://en.nbpublish.com/library_read_article.php?id=14679
Abstract:
The subject of the study includes the typical features of organisational, legal and financial provision of the police service work in Germany. The author considers the issues of administrative and legal institution of reimbursement of expenses related to the activities of the police aimed at the preventive maintenance of public order and safety. The author examines the regional police legislation in order to show particular types of these expenses. The article considers various approaches to assessment of the police levies legality. The methodology of this research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis and synthesis. The special contribution of the author consists in the novelty of the study, determined by the fact that the studies devoted to the police work haven't considered the issues of the police levies yet. Negative tendencies of the recent economic development of the country dictate the necessity to focus on the problems of modernization and enhancement of organizational, legal and financial provision of the police service work.
Keywords:
uniformed police , police expenses reimbursement , special charges, police levies, preventive approach, public safety, the police system, bodies of order provision, double taxation, mixed financing
Reference:
Dresvyannikova E.A..
Transport discipline and traffic participants' culture as the basis of road safety
// Legal Studies.
2015. № 5.
P. 24-33.
DOI: 10.7256/2409-7136.2015.5.14790 URL: https://en.nbpublish.com/library_read_article.php?id=14790
Abstract:
The subject of the study includes the issues of formation and condition of transport discipline and traffic participants' culture. The author examines the previously used and the existing state measures of drivers' discipline provision.The purpose of the research is to propose the effective ways of road discipline and culture improvement. The objectives of the study are: a) on the base of the analysis of state measures of road discipline and culture enhancement to identify their main advantages and disadvantages; b) on the basis of the identified deficiencies to suggest the effective ways of road discipline and culture formation; c) to reveal the importance of information and propaganda in the sphere of road safety. The methodology of the research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis, synthesis and other methods used in the legal sciences. The author concludes that there is a radical need for road safety enhancement in the Russian society; development of communication means of the road safety issue transmission should gain primary importance. The author offers the measures of information and propaganda work enhancement in the sphere of road safety provision, which should be based on the development of legal awareness of traffic participants.
Keywords:
information, culture, discipline, behavior on the road, traffic, safety, society, equality, legal awareness, propaganda
Reference:
Airikh V.A..
Danger as a central category of German police law
// Legal Studies.
2015. № 3.
P. 1-51.
DOI: 10.7256/2409-7136.2015.3.14339 URL: https://en.nbpublish.com/library_read_article.php?id=14339
Abstract:
The subject of the study is the concept of risk as the most important element of German police law, similar in its importance to the concept of crime in criminal law. The author examines the various definitions of the police and legal concept of danger, its main types - the abstract and the concrete, as well as the objective and the subjective regulatory approaches to its understanding. The author studies the rules of land police law in order to show the particular types of aggravated danger and the resulting legal consequences. The author emphasizes the role of a concept of danger as a regulatory means of regulation and legitimation of decision making procedure of the police concerning the execution of preventive measures in the conditions of uncertainty. The methodology of this research is based on the general and the special methods: dialectical, system, comparative legal, analysis and synthesis. The special contribution of the author consists in the novelty of the present study determined by the fact that the example of the rules of German police law for the first time shows the central elements of a preventive mechanism of public safety and order provision which are absent in modern Russian legislation on police and still insufficiently studied in the domestic legal science.
Keywords:
danger forecast, diagnosis of danger, probability of damage, prevention, public order, public safety, police law, danger, rights and freedoms, police intervention
Reference:
Kabanov P.A..
The concept and the content of anti-corruption education as a means of prevention of corruption
// Legal Studies.
2015. № 2.
P. 12-27.
DOI: 10.7256/2409-7136.2015.2.14150 URL: https://en.nbpublish.com/library_read_article.php?id=14150
Abstract:
The subject of the research is anti-corruption education as a means of prevention of corruption used in modern Russian anti-corruption legislation, subordinate legislation, scientific and educational literature. The objective is to develop and offer a theoretically grounded definition of anti-corruption education as a scholarly legal category and reveal its contents. The research objectives are: a) on the base of the analysis of regional anti-corruption legislation and normative acts to identify the main features of anti-corruption education as a means of prevention of corruption; b) on the base of the identified characteristics to give a working definition of anti-corruption education as a means of prevention of corruption; b) to disclose the content of anti-corruption education as a means of preventing corruption. Methodological basis of the study is dialectical materialism based on scientific methods of knowledge: analysis, synthesis, comparison, and other used in legal Sciences. Scientific novelty of the research lies in the fact that the author based on the structural analysis of the legal and scientific definitions of anti-corruption education, formulated in the regional legislation of the Russian Federation, as well as in the scientific, educational and reference books, proposed a new definition of anti-corruption education. It differs significantly from the previous definitions and reveals its contents.Practical significance of the research: scientific category of anti-corruption education allows to reveal the content of this activity and may contribute to further research.
Keywords:
anti-corruption awareness, anti-corruption legislation, combating corruption, prevention of corruption, education, anti-corruption education, Corruption, anti-corruption worldview, anticorruption policy, anticorruption activity
Reference:
Kirikova A.A., Abakumova E.V..
Modern trends in consumer protection: the problems of certification in Russian consumer market
// Legal Studies.
2015. № 2.
P. 1-11.
DOI: 10.7256/2409-7136.2015.2.14097 URL: https://en.nbpublish.com/library_read_article.php?id=14097
Abstract:
The subject of the research in this article is the problem of implementation of voluntary certification caused by the imperfection of the existing technical legislation. Authors try to make an attempt to analyze the reasons for the unsatisfactory condition of normative legal base. The research is based on the idea that certification is one of the fundamental means of consumer protection in the sphere of goods circulation and the economic system as a whole, which gives the consumer a guarantee of identity of a specific product by the state’s standards. The authors describe some problems of legal regulation of voluntary certification. The authors use the general scientific (analysis, synthesis) and the special scientific methods: formal-legal, comparative-legal. As a result of the study the authors conclude that the domestic consumer market has various contradictions and problems in the field of voluntary certification. Many innovations don't spread in this sphere as, for example, the draft law on certification, religious certification is ignored, and so on. We consider that the main problem is the low legislative regulation that promotes active growth of abuse in this sphere as well as non-legal thinking of Russian consumers.
Keywords:
sertification, consumer, protection of rights, legal regulation, stangards, quality, production, manufacturer, consumer protection, voluntary certification
Reference:
Dolgikh I.P..
Should administrative responsibility condonation exist in the Russian Federation?
// Legal Studies.
2015. № 1.
P. 1-15.
DOI: 10.7256/2409-7136.2015.1.13775 URL: https://en.nbpublish.com/library_read_article.php?id=13775
Abstract:
The research is devoted to legislatively adjusted and factual (non-adjusted) social relations, which appear during the process of the Code of Administrative Offences of the Russian Federation application, and provide for the grounds and the order of administrative responsibility condonation, and the principles of the institution of condonation emergence and development. The subject of the research is the institution of administrative responsibility condonation in various aspects: historical, theoretical, legislative and law-enforcement, as a detached complex of regulations of administrative-tortious legislation, which regulates the homogenous type of social relations. The research also concentrates on judicial practice reproduced in the materials of administrative delinquencies cases, theoretical ideas and scientific studies of the above-mentioned problems. The methodology of the research is based on the dialectical method of reality cognition and the complex of general scientific methods (logical, historical methods, method of process from the abstract to the concrete) and special scientific methods of cognition (comparative jurisprudence, statistical, system-structural analysis, statutory interpretation and others). The originality of the research is based on the fact that this article is one of the first complex interdisciplinary studies of urgent theoretical, legislative and law-enforcement problems of the institution of administrative responsibility condonation, which had been carried out on the base of existing legislation in the sphere of administrative delinquencies. The article contains a wide range of new theoretical and practical scientific provisions, conclusions and suggestions, which are very important for the theory of administrative-tortious law.
Keywords:
active repentance, the responsibility of law enforcement officers, replacement of responsibility, age administrative responsibility, an urgent need, insignificance, discharge, reconciliation with the victim, Administrative Code, administrative and tort law
Reference:
Dolgikh I.P., Suponina E.A..
On Optimization of Certain Types of Administrative Punishments
// Legal Studies.
2014. № 10.
P. 1-18.
DOI: 10.7256/2305-9699.2014.10.1322 URL: https://en.nbpublish.com/library_read_article.php?id=13225
Abstract:
This article is devoted to the important problem of the Russian administrative and tort law – the application practice of the most common administrative punishments in Russia – administrative fine, disqualification of an individual and administrative arrest. Despite the fact that almost thirteen years have passed since the Russian Code on Administrative Offences was adopted, this primary legal document regulating all matters related to administrative responsibility in this country still features serious legislative voids which adversely affect the situation with the legal order here. Many of such voids can easily be identified in Chapter 3 of the Russian Code on Administrative Offences dealing with administrative punishments. Methodologically, this article is based on the achievements of the cognitive theory. During the research, the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic) and the methods used for case studies (statistical, expert review etc.) were used. The scientific novelty of the above research lies in the fact that the authors have, for the first time, studied the causes for the inefficiency of applying the types of administrative punishments which are the most common in the Russian Federation. The article proposes specific measures to be taken to improve the currently effective administrative and tort law aimed at further optimization as relates to lawmaking and law enforcement.
Keywords:
administrative punishment, administrative responsibility, administrative fine, disqualification, administrative arrest, Code on Administrative Offences of the Russian Fed, administrative offence, crime prevention, purpose of punishment, additional punishment
Reference:
Kabanov P.A..
Organization and implementation of the departmental control over the implementation of the state policy in the sphere of fighting corruption in the regions of the Russian Federation.
// Legal Studies.
2014. № 6.
P. 130-145.
DOI: 10.7256/2305-9699.2014.6.12236 URL: https://en.nbpublish.com/library_read_article.php?id=12236
Abstract:
The object of studies concerns the organizational issues of implementation of departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation. The goal of the studies is to evaluate the current mechanisms for the departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation. The goals of study involve description of the main models of departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation, evaluation of efficiency of departmental control over the implementation of the state policy in the sphere of fighting corruption, propositions for the improvement of the system of departmental control over the implementation of state policy against corruption in the Russian regions. The methodology of studies involves dialectic method for the scientific cognition of the social events and processes, as well as the general scientific methods, which are based upon it (analysis, synthesis, comparison), as well as some other methods employed in the humanities. Scientific novelty of the research is due to the fact that the author for the first time evaluates the phenomenon of departmental counteraction to corruption in the constituent subjects of the Russian Federation. The author describes the main types of such control (internal and external anti-corruption audit, anti-corruption audit of the personnel). The author proposes the measures for the improvement of the departmental control over the implementation of the state policy against corruption in the Russian regions.
Keywords:
corruption, fighting corruption, anti-corruption policy, policy in the sphere of fighting corruption, state control, departmental control, public control, Russian regions, anti-corruption audit, anti-corruption control