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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 № 01/2019
Contents of Issue № 01/2019
Theory and science of administrative and municipal law
Amelichkin A.V. - Topical Issues of Training Motor Vehicle Drivers in the Russian Federation pp. 1-9

DOI:
10.7256/2306-9945.2019.1.29084

Abstract: The subject of the research is the system of legal relations in the sphere of road safety. The object of the research is the social relations arising in the process of training vehicle drivers of different kinds and categories. The aim of the research is to analyze the legal basis that regulates the sphere of training vehicle drivers of different kinds and categories. The author touches upon the problems of the legal regulation of the training process in the Russian Federation and focuses on the experience of the foreign states in training vehicle drivers as well as peculiarities of the educational process of training vehicle drivers. The methodological basis of the research includes dialectical, historical, structured system, comparative law, statistical, formal logic and other methods. The novelty of the research is caused by the need to improve the legal mechanism of training vehicle drivers in order to ensure road safety. The author uncovers peculiarities of training vehicle drivers based on the so-called Scandinavian system that has gained a good reputation in many countries of the European Union. The main conclusions of the research are the following: there is the need to review the program of professional training of vehicle drivers in order to develop necessary skills required by real-life conditions, implementation of learn driving maneuvers and issuance of temporary driver's license to young drivers for two years. The scope of the research results include legislative activity of state authorities, education and research of road safety.  
Public and municipal service and the citizen
Averyanova M.I. - Topical Issues of Exercising the Right to Housing by Civil Servants pp. 10-32

DOI:
10.7256/2306-9945.2019.1.28977

Abstract: The subject of the research is the housing laws and regulations that define the legal statu sof civil servants and associated law-enforcement practice. The object of the research is the social relations arising in the process of civil servants executing their constitutional right to housing. The author of the article also examines peculiarities of the main guarantees of civil servants' housing rights. She focuses on the judicial practice that plays an important role in defining the most topical issues, particular disputes and recommendations on how to improve the current legislation. The research is based on the use of the systems analysis and generalisation of regulatory, theoretical and practical data and the method of comparative law. The scientific novelty of the research is caused by the fact that the author covers the problems that may arise in the process of exercitising the housing rights of civil servants (in both federal districts and Russian Federation constituents) as a special professional grpu which can be used in the Russian law for further improvement of the civil service. The author also summarizes judicial practice on housing rights that involved both federal and Russian Federation civil servants. The researcher offers her definition of guarantees of hosing rights of civil servants as the legal obligations of the government to provide social benefits (housing or financial funds to buy housing) and protect the social statu sof civil servants as well as to increase the level of stability of state officials and compensate for restrictions set forth by the law for civil servants. As a conclusion, the author also describes the main means and methods of protection of civil servants' housing rights and issues that may arise in the process of exercising their housing rights. 
Liability in administrative and municipal law
Gunba A.A. - Regarding Extension of Terms of Bringing to Administrative Responsibility for Violation of the Contract System Law pp. 33-40

DOI:
10.7256/2306-9945.2019.1.29085

Abstract: The aim of this research is to analyze existing laws and regulations applicable as the means of regulation of the contract system as well as experience in bringing customers to administrative responsibility for violations in the sphere of state and municipal procurement as well as development of recommendations on how to implement the aforesaid mechanism and to improve it. The object of the research is not only administrative responsiblity for committed violations in the sphere of procurement but the entire contract system as an organic whole where administrative responsibility is just one of the sides. To avoid incorrect interpretation of the law and administrative sanctions the research implies the use of such instruments as deduction, i.e. from theoretical provisions and practice in the sphere of procurement in general to particular terms of administrative responsibility. As a result of the research, the author discovers that the current legal basis that regulates the process of bringing to responsibility for violations in the sphere of state and municipal procurement is far from being perfect and quite often does not take into account the causes of such violations.  
Law-enforcement legislation
Pavlova E.V. - Particular Aspects of Organizing the Interaction Between State Authorities and Social Associations in the Process of Public Order Protection pp. 41-47

DOI:
10.7256/2306-9945.2019.1.29140

Abstract: The subject of this research is the system of social and legal relations arising in the process of interaction between state authorities and social associations that enforce the social order. The object of the research is the social relations that arise in the sphere of interaction between social association of law enforcement authorities and state authorities including in a particular constituent of the Russian Federation (the case study of the Oryol Region). The author focuses on the detailed analysis of applicable laws and regulations that enforce the procedure for arranging such interaction and gives recommendations on increasing the efficiency of the law institution. To achieve these goals, the author has used general research methods as dialectical research, systems analysis, comparison and analogy as well as formal law method, legal modelling and summary of practical experience and other methods. Arranging interaction between law enforcement authorities and population is a nettlesome issue. The novelty of the research is that by analyzing applicable laws and regulations that set forth the procedure for arranging interaction between state authorities and social associations during social order protection, the author suggests to encourage individual constituents of the Russian Federation that have achieved positive results in this sphere including financial benefits. The author of the article also describes particular areas to be improved in order to increase efficiency of the aforesaid institution. The main idea is to provide sufficient financing and legislative basis at the levels of the constituent and municipal unit. 
Administrative law, municipal law and property rights
Strel'nikov A.A., Gol'tsova A.S. - Customs Technology Used to Define Counterfeit Products with the 2018 FIFA World Cup Trademarks pp. 48-63

DOI:
10.7256/2306-9945.2019.1.28769

Abstract: The subject of the research is the customs control over the goods with the 2018 FIFA World Cup trademarks. Recently the protection of intellectual property rights have been attracting increasingly more attention of custom officials, economists and rights holders. This is caused by the distribution of counterfeit products on the internal and international markets. Counterfeit products on the market is a threat for both rightsholders and consumers, thus this is the issue that demands mutual efforts of customs authorities, rightsholders and other state authorities. The methodological basis of this research includes a set of research methods such as analysis, synthesis, systems approach, statistical and comparative law methods. The novelty of the research is caused by the fact that the authors carry out a pilot research as part of the EAEU marking of goods designated for the global use. To reinforce the protection of the internal market from the counterfeit products, the authors suggest to add additional special marking on the original FIFA products (RFID radio-frequency identification). Such marking would simplify the process of defining counterfeit products because all the necessary information about the origin of a product would be encoded there. The main conclusion of the research is that application of special FIFA marking would protect the FIFA trademark and reputation of the company on Russia's market, force out counterfeit products from the internal market of the Russian Federation and increase the control over legality of import in case of such products. 
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