Электронный журнал Nb: административное право и практика администрирования - №2 за 2018 год - Содержание - список статей - ISSN: 2306-9945 - Издательство NotaBene



NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 02/2018
Contents of Issue № 02/2018
Administrative and municipal law: business, economy, finance
Kurakin A.V., Karpukhin D.V., Ostroushko A.V., Merkushova O.V., Voronkevich A.B. - Indirect Legal Regulation as the Factor of Economic Growth (the Analysis of the Banking Sector and Cooperative Housing Market) pp. 1-8


Abstract: The subject of the research is the current legal acts regulating the banking sector of the economy and the market for shared housing construction in order to assess the effectiveness of mediated administrative-legal forms of influence (licensing, registration) on these segments of the economy. The study is carried out in order to identify promising areas for improving the legislation governing the forms of state influence on the economy. The novelty of the article is caused by the scientific and methodological substantiation of the advantages of forms of indirect influence on various sectors of the economy (on the example of the banking sector and the market for shared housing construction). To obtain reliable results in their study, the authors have used methods for analyzing information contained in official sources. In addition, data presented by independent financial portals and media resources of the Russian financial sector, the Russian segment of the Internet, were analyzed. To identify the degree of effectiveness of the implemented state-legal impact on economic relations, we have specifically developed criteria for assessing direct and indirect forms of government influence. The results are obtained on the basis of the method of comparative analysis of data in two segments of the Russian economy, the banking sector and in cooperative housing projects. The main conclusion made by the authors is that at present the most effective are the mediated forms of state and legal impact on the economy. The analysis showed that, in recent years, there has been a tendency in legislation to strengthen direct forms of state control. Such an impact leads to negative results in the economy, namely: monopolistic trends are growing; representatives of medium and small businesses are forced to leave the market; the number of entities unable to pay high taxes and administrative fines increases. 
Liability in administrative and municipal law
Bobrova A.V. - On the Single Nature of Resonsibility of Customs Authorities and Participants of Foreign Economic Activity pp. 9-24


Abstract: The subject of the research is the responsibility of customs authorities and their officials, namely the types of offenses and the form of punishments for their commission, on the basis of which direct accountability of customs officials from foreign economic activity participants is possible, as well as indirect prosecution to disciplinary responsibility through higher-ranking officials persons of customs authorities. The aim of the research can be considered the equalization of rights and obligations of all parties to relations in customs, as well as identifying common signs of disciplinary, administrative and criminal liability of customs authorities. The methodological basis of the research consists of principles and methods of systematization and unification of the system of punishments for customs authorities and their officials,as well as the method of comparative analysis of the disciplinary, administrative and criminal responsibility of customs officials. The elements of novelty are proposals for the legal equality of customs officials and participants in foreign economic activity and ways to ensure this equality, as well as the regulation of compensation for damage caused by a government employee to a participant in foreign economic activity. The result of the study can be considered proposals for the creation of a unified system of punishments for customs officials with unified rules of pre-trial settlement and prosecution.
Debatable issues in administrative and municipal law
Aristov E.V., Fakhrutdinova G.G. - Improving the Legal Regulation of Administrative Responsibility of Minors pp. 25-30


Abstract: The subject of the research is the theoretical and practical aspects of the implementation of the institution of administrative responsibility of minors. The object of the research is the system of social relations that is formed in the process of implementation of administrative and jurisdictional activities of authorized bodies in relation to minors. The author examines such aspects of the topic as legal regulation of the administrative responsibility of minors in law enforcement practice, discusses the features of administrative and jurisdictional activities of prevention subjects in the mechanism for preventing and combating juvenile delinquency, establishing the causes and conditions for their commission by adolescents on the basis of which proposals are being developed to improve legislation on administrative offenses concerning minors as the special subjects. Special attention is paid to the improvement of administrative legislation aimed at the effective prevention of juvenile delinquency. The methodological basis is the system of legal knowledge that defines the basic requirements for the process of knowledge. The researchers also use special research methods (observation, analysis of statistical and practical material). The main conclusions of the research are the consolidation of a separate chapter aimed at regulating administrative, i.e. jurisdictional relations with the participation of minors in the Administrative Offenses Code of the Russian Federation. In order to prevent juvenile delinquency, the author considers it appropriate to reduce the age of administrative responsibility of minors, which in turn will be educational in nature. In addition, the author notes the inadequacy of preventive measures by the subjects of prevention, which are mostly formal in nature and are not aimed at reducing the level of offenses committed by adolescents.
Issue of the day
Shcherbakov O.N. - The State of the Current Russian Federation Laws Regulating Participation of Citizens in the Enforcement of Public Order pp. 31-41


Abstract: The subject of the research is regulatory legal acts and law enforcement practice of citizen participation in the protection of public order.The object of the research is public relations related to the participation of citizens in the protection of public order. The author examines the content of regional and federal legislation on the participation of citizens in the protection of public order. Particular attention is paid to the possibilities for citizens involved in the protection of public order, physical force to prevent crimes and administrative offenses, including the detention of persons who have committed them, as well as the implementation of preventive measures. The methodological basis of the study is the the dialectical analysis. The author has also applied statistical, formal-logical, comparative analysis, and comparative legal methods. The main conclusions of the conducted research are the following: the system of crime prevention is implemented in the framework of the practical activities of state prevention subjects with the participation of individuals, public associations and other organizations; the substantive part of regional legislation on the issue of citizen participation in the protection of public order is the actual copying of the law “On the participation of citizens in the enforcement of public order” without taking into account the peculiarities of the region of law enforcement; powers of citizens participating in the protection of public order prevents them from exercising their legal functions to curb offenses, safeguard the scene of the incident, and ensure the preservation of physical evidence in cases accompanied by active disobedience and opposition from offenders.
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