Электронный журнал Nb: административное право и практика администрирования - №2 за 2020 год - Содержание - список статей - ISSN: 2306-9945 - Издательство NotaBene
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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 № 02/2020
Contents of Issue № 02/2020
Question at hand
Lin' D. - Basis of legal regulation and Internet censorship in China pp. 1-9

DOI:
10.7256/2306-9945.2020.2.33152

Abstract: This article examines the basis of legal regulation and Internet censorship in China. The genesis, development and relevant regulatory basis of legal regulation of Internet in China is examined. The author comes to the conclusion that on the one hand, Internet in China is subject to tight control due to the rapid development of technologies of observation and increase of police access to user data. Currently, China is one of the leaders in engineering and export of automated instruments for monitoring social networks. The citizens face restrictions based on the control of login accounts that give access to the Internet; blockchain apps and their developers are also subject to control and must provide registration of real names of the users; international corporations, such as Apple, Microsoft, Linkedin, are forced to bend to the demands of Chinese authorities and help to determine and punish the users who do not adhere to the censorship requirements in China. On the other hand, Chinese government makes everything possible for the large scale implementation of information technologies into socioeconomic life of the country, namely industrial and commercial sectors. Usage of internet in the sphere of sociopolitical life restricted, since China justifiably sees a threat to political stability and social security of the country.
Executive authorities and the civil society
Kravchenko O.A., Fedorov R.V. - The questions of territorial jurisdiction of advocating for the election or extension of pre-trial detention pp. 10-20

DOI:
10.7256/2306-9945.2020.2.33406

Abstract: Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.
Law-enforcement legislation
Novgorodov D. - Peculiarities associated with police inquiry into administrative violations committed on the Internet pp. 21-26

DOI:
10.7256/2306-9945.2020.2.33567

Abstract: The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.
Administrative law, municipal law and the issues of informatization
Smirnova E.N. - On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government pp. 27-37

DOI:
10.7256/2306-9945.2020.2.33438

Abstract: The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.
Public service, municipal service and issues in the fight against corruption
Bakhtina M.S. - To the question on conducting anti-corruption examination of normative legal acts using a mathematical model pp. 38-46

DOI:
10.7256/2306-9945.2020.2.33321

Abstract: This article considers the possibility of conducting anti-corruption examination using fuzzy mathematical modeling. The author substantiates the characteristics of propensity for corruption of laws, for which is obtained functional dependency on the types and number of corruptiogenic based on the fuzzy conclusion. Predictive anti-corruption valuation should be based on certain criteria, which are currently absent and replaced by the professional knowledge, experience and competences of the expert. Attention is given to the method of expert research using mathematical models of fuzzy sets. The problems dealt with in jurisprudence fully correspond to the theory of fuzzy sets by physical content, specificity of source data, nature of data, and solution methods. Application of this model, including by state and municipal executive branches, would allow to significantly reduce the timeframe  of conducting anti-corruption examination, lower labor costs and probability of expert error, unify the results of anti-corruption examination, and classify normative legal acts depending on the category of corruption risk for further tasks. The absence of scientific developments in this field impedes the implementation of advanced information technologies in legal science and practice. This method allows to make greater use of modern achievements in allied fields, first and foremost, in computer technology.
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