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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 02/2015
Contents of Issue № 02/2015
Theory and science of administrative and municipal law
Saidov Z.A. - Economy as an object of administrative and legal regulation pp. 1-23

DOI:
10.7256/2306-9945.2015.2.15798

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of the modern economy. The author carries out a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. The article presents the author's position towards the concept of government regulation of economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of development of law and economics in modern conditions. The article considers the author's positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.)The main conclusion of the study says that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy.The main contribution of the author consists in the declaration of the need to develop administrative-legal regulation of economy. The novelty of the article lies in the proposals for the development of forms and methods of government regulation of economy, and the creation of legal and institutional guarantees for the rule of law in Russian economy.
Administrative enforcement
Lapina M.A., Truncevski Y., Karpukhin D.V. - Administrative issue preclusion as a way of decriminalization of criminal offences and distinction between criminal offences and administrative offences pp. 24-56

DOI:
10.7256/2306-9945.2015.2.15899

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical  methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy. The authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative-tortious legislation.
Lapina M.A. - Optimal legal methods which provide the harmonization of the system of legal sanctions of administrative and criminal legislation pp. 57-71

DOI:
10.7256/2306-9945.2015.2.15900

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the definition of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.). The author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation. dy, is that at the present time to ensure law and order in the housekeeper needs to improve forms and methods of administrative-legal influence on state and non-state sector of the Russian economy. The author concludes about the necessity of reducing the number of types of sanctions, of an increased incentive and in criminal and administrative-tort legislation.
Liability in administrative and municipal law
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. - Classification of administrative and preventive measures pp. 72-88

DOI:
10.7256/2306-9945.2015.2.15847

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of prevention of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The paper presents the authors' positions towards the notion of administrative and legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative and legal regulation of prevention of offences. In addition, the article presents the theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative legal regulation. The article provides the authors' positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.)On the base of the research the authors conclude that at present in order to develop the rule of law in the sphere of activity of administrative legislation it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors lies in the statement about the need to develop administrative-legal regulation of prevention of administrative offenses. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activities, and the creation of legal and institutional guarantees of legality in Russia.
Administrative law, municipal law and the issues of education
Chvyakin V.A. - Practical consultative-psychological and legal work with the youth as a social base for juvenile and administrative delinquency prevention pp. 89-99

DOI:
10.7256/2306-9945.2015.2.15904

Abstract: The article presents the information, important from the viewpoint of administrative juvenile delinquency. The object of the research is deviant behavior of minor offenders and juveniles inclined to committing offences. The subject of the research is a range of social and psychological peculiarities of a personality and individual psychological traits of character (accentuations), the structure of which determines the moral regulation of behavior, the value orientations of the personality of a juvenile and the peculiarities of his deviant behavior. The paper shows that in a socio-psychological relation deviant behavior of juveniles is a very important problem. Deviant behavior is typical for most of minors and is considered by many researchers as an age-specific norm of behavior. On the other hand, deviant behavior causes a risk of the development of socio-abnormal deformations of a person when deviant behavior is dangerous for other people. The extreme variant of it is a delinquent, i.e. unlawful behavior of minors committing crimes of different weight. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological studies (the statistical methods, expert assessments, etc.). At present juvenile delinquency is characterized by impudence, cynicism and the absence of moral regulations of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important in a socio-psychological relation, proves the need to use more actively the measures of social control as a normative regulator of behavior and personal goal-setting of minor offenders. 
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