NB: Administrative Law and Administration Practice - номер 3 за 2019 год
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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 № 03/2019
Contents of Issue № 03/2019
Theory and science of administrative and municipal law
Zeinalov F.N. - Revisiting Traffic Police Inspector's Powers in Interaction with Road Users pp. 1-12

DOI:
10.7256/2306-9945.2019.3.29212

Abstract: The object of the study is a system of social and legal relations in the sphere of road traffic safety. The subject of the study is a set of legal norms, regulating the interaction between road users and traffic police inspectors of the General Administration for Traffic Safety of the Ministry of Internal Affairs of Russia, implementing a federal government oversight of compliance with the requirements of the legislation of the Russian Federation by road users. The study aimed to carry out an analysis of the legal and regulatory framework, regulating traffic police inspector's powers, and to develop an effective algorithm of such interaction. The methodological basis of the study is fundamental provisions of the theory of law, a generalization of practical experience, an implementation of a method of logical, monographic, and systemic analysis. The author examines a regulatory legal formalization of the process of interaction between traffic police inspectors and road users. The information, emphasizing the relevance of the problem of interaction between mentioned agents, is provided. The analysis of national law, by-laws, and departmental regulations is conducted to determine an effective algorithm of interaction. The analysis of the case law on the given problem is carried out, and suggestions on improving traffic police inspectors' professional activity are made. Field of study results application: the provisions of the work can be used in the legislative activity of government bodies, law-enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of road traffic safety, improving the branches of the Russian legal system.The novelty of the study is due to the practical and scientific significance of problems of law enforcement activities by law enforcement agencies in the sphere of road traffic safety, and also due to the necessity of improvement of the legal framework, regulating the powers of police services in Russia. 
Issues of administrative and municipal legal relationship
Amelichkin A.V., Isaev M.M. - Revisiting Efficiency Improvement of Activities on Preventing Infant Road Traffic Injuries pp. 13-19

DOI:
10.7256/2306-9945.2019.3.29160

Abstract: The subject of the study is the system of legal relations in the sphere of traffic road safety. The object of the study is social relations arising in the process of implementation of the rights and legitimate interests of minor pedestrians. The aim of the research was to examine the legislative and regulatory framework, regulating the administrative status of minor pedestrian and prevention of violation of minor pedestrian's rights and legitimate interests. The authors address the problems of regulatory management of the process of implementation of the rights and legitimate interests of minor pedestrians. The authors emphasize the use of segways, electric unicycles, self-balancing scooters, and other vehicles by minor pedestrians. The methodological basis of the work consists of dialectical, historical, structural-systemic, statistical, comparative-analytical, and other methods widely used in legal science. The novelty of the study is determined by the need of improvement of the legal framework for the prevention of the violation of minor pedestrians' rights and legitimate interests in the sphere of traffic road safety. The authors expose the problems in the sphere of movement of minor pedestrians on segways, electric unicycles, self-balancing scooters, and other vehicles. Also, they suggest a regulatory and legal solution to the problem. The main conclusion of the conducted study is the need for revising the regulatory legal acts in the sphere of road traffic safety in the aims of efficiency improvement of prevention of infant road traffic injuries of minor pedestrians. Field of study results application: the provisions of the work can be used in the legislative activity of government bodies, law-enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of road traffic safety, improving the branches of the Russian legal system.
Administrative and municipal law: business, economy, finance
Kurakin A.V., Karpukhin D.V., Saidov Z.A. - Revisiting Application of Administrative Enforcement Measures to Microfinance Organizations pp. 20-27

DOI:
10.7256/2306-9945.2019.3.29587

Abstract: The subject of the study is operative rules of the Federal Law "On Microfinance Activities and Microfinance Organizations", Code of the Russian Federation on Administrative Violations, and by-laws published by Bank of Russia, which regulate grounds and applications of administrative enforcement measures to microfinance organizations. Moreover, regulations containing mandatory criteria of Microfinance Organizations' activity are examined, contained in the Federal Law "On Microfinance Activities and Microfinance Organizations" and regulatory acts of Bank of Russia. The legal effects are examined, related to the application of administrative enforcement measures to microfinance organizations, violating the prudential regulations. The methodological basis of the article is a set of different methods used in scientific knowledge. In the process of the study were used philosophical methods (dialectics, systemic method, analysis, synthesis, deduction, modeling); classical legal methods (formal-logical, interpretive methods) which were implemented in the process of the analysis of specific content of legal regulations; a comparative method that was used to compare different administrative enforcement measures applied to microfinance organizations. The main conclusion drawn from the study is that the Code of the Russian Federation on Administrative Violations contains the legal regulations imposing an administrative responsibility for violation of mandatory economic standards on a microfinance organization as a legal body that objectively creates a legal basis for an objective imputation contrary to the principle of the presumption of innocence. At the same time, an exception from the register of microfinance organizations, as an administrative and preventive measure, is imposed for violation of the production order of reporting documentation, which would be more logical to enter into a Special Part of the Code of the Russian Federation on Administrative Violations as an administrative offense.
Administrative enforcement
Sidorov S.A., Pinchuk O.V. - Topical Issues of Creation of Ownership of Water Biological Resources Use Outcomes pp. 28-36

DOI:
10.7256/2306-9945.2019.3.29411

Abstract: The object of the study is water biological resources. Being the objects of wildlife, the water biological resources within the territory of the Russian Federation are considered to be government property. The Russian Federation controls the water biological resources by granting individuals and entities the rights to use them. The author pays special attention to the creation of individuals and entities' ownership of aquatic biological resources. What is more, granting the owner the right to cath of water biological resources by the government implies compliance with the legislation of the Russian Federation in the sphere of fishing. The main methods of research are a general dialectical-materialistic method, general analysis, synthesis, as well as comparative and formal-legal methods. The main conclusions of the study are that the necessary conditions for the legitimate fishing of aquatic biological resources (fishing) by individuals and entities are, firstly, the performance of duties and upholding of restrictions mandatory in the process of implementation of specific activities within the specific type of fishing. Secondly, in case of establishment of the fact of violation of rules and requirements regulating the fishing, the subject of which is water biological resources, a judge, the state agent considering a case of an administrative offense is obliged to make the decision on uncompensated seizure of them and fish production made from them and return them to the lawful owner – the Russian Federation, or on destruction.
Question at hand
Lapin A.V. - Methodology of the Analysis of National Economic Security State Assessment pp. 37-48

DOI:
10.7256/2306-9945.2019.3.29453

Abstract: The object of the study is indicators of Russian economic security state, the subject of the study is the state assessment of Russian economic security before imposition and in the period of imposition of economic sanctions for Russia. In the article, the national statutes are observed, establishing the rules of the state assessment of economic security in Russia and its regions. Several scientific methodologies are analyzed, suggested to economists and various organizations. In the article, the author's statements of the main indicators of Russian economic security state based on statistics are given. It is concluded that there is an impact of the USA and the EU sanctions on Russian economic security stability. The methodological basis of the article consists of the modern achievements of the theory of knowledge. In the process of the study a philosophical method, methodology of systemic analysis, expert analysis, event analysis, structural analysis, statistical analysis, and comparative legal analysis were implemented. The novelty of the work is due to the formulation of suggestions on the inclusion of the most important indicators in the register of indicators of Russian economic security state assessment. The absence of normative established methods of the state assessment of economic security of the Russian Federation at the Federal level is revealed. The author suggests taking indicators of Russian Federation economic security state assessment, provided by the Russian Federation Presidential Decree of May 13, 2017, № 208, as the basis, adding a number of criteria to the list. 
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