Legal commentary
Reference:
Malakhov A.V., Sergeeva K.A., Yurtaev V.A. —
Responsibility for Damage to the Surface Layer of the Land: Problems of Jurisprudence in the Russian Federation
// Police and Investigative Activity.
– 2023. – № 1.
– P. 1 - 9.
DOI: 10.25136/2409-7810.2023.1.39566 EDN: LHSETQ URL: https://en.nbpublish.com/library_read_article.php?id=39566
Review:
The purpose of this study was a comprehensive analysis of the current legislation and law enforcement practice in the Russian Federation to develop proposals for improving the mechanism of bringing to responsibility for causing harm to the surface layer of the earth. The subject of the study is the current legislation and judicial practice on the selected issue, in which ineffective aspects of coercive measures in the designated area were developed. The methodological basis of the study consisted of such methods as comparison, analysis, complex system method, induction, deduction, as well as the formal legal method. The main developers of this problem are Anisimov A. P., Ivakin V. I., Sukhova E. A. and some others. The results of the work were conclusions about the ineffectiveness of the enforcement system in cases involving damage to the soil. The low legal awareness of the population was revealed due to the lack of environmentally oriented measures of responsibility for land offenses. This is also due to the lack of a clear mechanism for compensating such harm by the forces of the perpetrator. The authors consider it necessary to develop more specialized administrative responsibility structures to increase the importance of soil protection in the current conditions, as well as to unify the mechanism of compensation for damage to the soil "in kind". The conclusions and suggestions obtained in the course of the study on optimizing the existing system of bringing responsibility into account are valuable for their practical application, as they allow paying attention to the existing problems of the law enforcement officer and will ensure the improvement of legislation.
Keywords:
land and legal responsibility, compensation for damage, land protection, rational use of land, types of responsibility, land offense, impact on the soil, legal responsibility, soil, environmental disaster
Administrative activity of the police
Reference:
Kurakin A.V. —
Once again about the Method of Administrative Law
// Police and Investigative Activity.
– 2023. – № 1.
– P. 10 - 19.
DOI: 10.25136/2409-7810.2023.1.39574 EDN: LGDTDH URL: https://en.nbpublish.com/library_read_article.php?id=39574
Review:
The article is devoted to the classical problem of administrative law, namely the method of administrative law. The method of legal influence is studied in a variety of aspects. As a rule, attention is paid to the method of legal regulation in the context of the study of the subject of the relevant branch of law. The method gives an answer to the question of how the norms of the relevant branch of law affect public relations, imperative or dispositive. The subject of administrative and legal influence combines elements of dispositivity with imperative (compulsory) influence. Administrative law, having such a combination of various means of regulation, differs from other branches of law in its flexible and meaningful legal impact. The author draws attention to the construction of the method of administrative and legal influence, considers various points of view regarding such a phenomenon as the "legal method". In the course of the study, the author drew attention to such a point of view as "a single method of legal regulation". In a single method of legal regulation, one can see a combination of prohibition, permission and prescription. In each branch of law, one can find prescriptions of a stimulating nature, provisions of an imperative order. It is impossible to achieve a harmonious legal impact without these means. During the study, the author drew attention to the method of resolution, which plays an important role in the system of administrative and legal regulation.
Keywords:
coercion, stimulation, prescriptions, zapret, permission, administration, impact, means, method, restriction