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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 № 03/2018
Contents of Issue № 03/2018
Theory and science of administrative and municipal law
Zeinalov F.N. - Obstacle Avoidance Performed by a Transport Driver: Legal Analysis and Qualification Issues pp. 1-6

DOI:
10.7256/2306-9945.2018.3.27344

Abstract: The subject of the research is the social and legal relations that arise in the process of road traffic safety provision. The object of the research is the social relations between a transport driver and law enforcement official, in particular, traffic police. The aim of the research is to analyze the legal basis that regulates the aforesaid sphere, in particular, qualification of actions of a driver performing the obstacle avoidance and crossing into oncoming traffic above the full line on the left or going into the way side on the right. The author of the article analyzes the legal confirmation of the traffic pattern in described cases as well as adminitrative responsibility of drivers who performs the obstacle avoidance and bears administrative responsibility according to the Administrative Offenses Code of the Russian Federation. Zeynalov pays special attention to the contradictions and gaps in the Road Traffic Rules and qualification of administrative offences based on the Administrative Offences Code of the Russian Federation. The methodological basis of the research consists of philosophy, fundamental provisions of the theory of law and state, summary of the practical experience and implementation of the logical and systems analysis methods. The scope of the application of the results covers legislative and law enforcement activity, educational process, researches of specialists in road traffic security, and improvement of Russian law system branches. The novelty of the research is caused by the practical and theoretical importance of law enforcement issues as well as the need to improve the legal mechanisms of qualification of administrative offences. In conclusion, the authors prove the need to qualify particular actions and circumstances that made a driver to do it, and implementation of the provisions of Article 2.7 of the Administrative Offences Code of the Russian Federation (extreme necessity) by the road police officer. 
Public and municipal service and the citizen
Grigorev I.V., Shaikhatdinov V.S. - Pension Provision of Individuals who Served at State Law Enforcement Authorities and Their Families pp. 7-14

DOI:
10.7256/2306-9945.2018.3.27308

Abstract: The article is devoted to particular issues of the legal regulation of pension provision of individuals who served at law enforcement authorities, and their family members. The authors of the article have analyzed the grounds for differentiating the legal regulation of the social security for civil servants. They outline issues that may arise in the process of granting and calculating pensions for employment years, disability pension or loss of the breadwinner. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federations regarding pension provision of law enforcement officials and their family members. The methodological basis of the research is the general research methods, in particular, systems analysis, and generalisation of theoretical and practical materials, and special research methods such as comparative law method, technical legal analysis, etc. The novelty of the research is caused by the fact that the authors carry out a complex analysis of the legal issues of that may arise in the process of pension provision of law enforcement officials and their family members. The most important results of the research include the authors' recommendations regarding improving the current legislation on pension provision as well as law enforcement practice. 
Debatable issues in administrative and municipal law
Amelichkin A.V. - Peculiarities and Problems of the Administrative Status of Pedestrians at the Modern Stage of Road Traffic Safety pp. 15-20

DOI:
10.7256/2306-9945.2018.3.27509

Abstract: The subject of the research is the system of legal relations in the field of road safety. The object of the research is the public relations arising between road users in the process of driving on roads, namely, the determination of the administrative and legal status of pedestrians who use electric scooters, gyroscooters, monowheels, segways for road traffic. The purpose of the work was to review the regulatory legal framework governing the field of road safety in terms of the definition of the concepts: pedestrian, vehicle and driver. The author examines the problems of the regulatory legal consolidation of the concept of a pedestrian vehicle and the determination of other features of the administrative and legal status of pedestrians using electric scooters, gyroscooters, monowheels and segway for movement. The author pays special attention to the contradiction between the existing standards in the field of road safety. The methodological basis of the work was: dialectical, historical, structurally systemic, comparative legal, statistical, formal logical and other methods widely used in legal science. The novelty of the work is determined by the need to improve public relations in the field of road safety. The author reveals the content and distinctive features of the administrative and legal status of individual road users. There is an author's definition of such categories as “pedestrian vehicle” and “driver of a pedestrian vehicle”. Ways to fill the legal gap in this matter are proposed. Scope of the results: the provisions of the work can be used in legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists in road safety issues, improvement of the branches of the Russian legal system.
Public service, municipal service and issues in the fight against corruption
Ron'zhina O.V. - The Procedure Used by the Deputy of the Municipality Representative Body about the Conflict of Interest pp. 21-28

DOI:
10.7256/2306-9945.2018.3.27376

Abstract: When implementing a new legislative institution of conflict of interest in the activities of a deputy of a representative body of a municipality, problems arose due to the lack of formal certainty in the Russian legal system in the procedure for a deputy to notify him of a personal interest that may affect his exercise of authority. The peculiarities of the status of a deputy, the specificity of the law-making activity being carried out cause the emergence of differences between the institution for settling the conflict of interests of a representative of a representative body, including in terms of the procedure from such an institution in the state (municipal) service. The subject of the research is the regulatory legal acts regulating the procedure for the deputies to perform the representative body of the municipality to notify about the occurrence of a conflict of interest. Emphasis is placed on the analysis of possible options for notification procedures, determined by the differentiation of parliamentary activities. The factors subject to consideration when determining the subject of notification and resolution of a conflict of interest of a deputy are subject to investigation. The dialectic method of cognition was used as well as the system-structural, formal-logical and other methods of scientific knowledge. The study made it possible to conclude that the absence at the federal level of legal regulation of the general provisions of the procedure for notifying a representative of a municipal body of a personal interest at a federal level reduces the effectiveness of anti-corruption activities, and also creates legal risks of political extra-legal influence on a deputy carrying out representation interests of their voters. Therefore, it is proposed to empower the regional legislator to determine the basic principles in accordance with which the procedure for notification of a conflict of interest by a deputy of a representative body of a municipality should be established in municipal legal acts. 
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