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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 № 04/2021
Contents of Issue № 04/2021
Administrative law, municipal law and security
Andreev P.G. - Prevention of victimization in the area of road traffic pp. 1-8

DOI:
10.7256/2306-9945.2021.4.36685

Abstract: The subject of this research is the preventive measures aimed at elimination of victimization that within the framework of road traffic in the Russian Federation. The object of this research is the social relations of victimhood that arise among all road users. The author carefully examines such aspects of the topic as forms of victimhood in the area of road traffic, measures that should be implemented for elimination of victimization in the area of road traffic, and provides practical example of victimhood caused by road accident. Special attention is given to preventive measures aimed at elimination of victimization in the area of road traffic in the Russian Federation. The main conclusion lies in the statement that from the practical perspective, the effectiveness of preventive measures aimed at solution of the problem of victimization lies in the interest of the road users in maintaining safety through the appearance of the consequences of road accidents, stiffening of penalties for breach of legislative regulations, realization of responsibility both for one's self and loved ones. The author’s special contribution consists in providing definition to the two forms of victimhood in the area of road traffic: 1) careless, caused by unintentionally by lack of experience of road users, substantiated by situational behavior of persons with poor sense of spatial environment; 1) reckless, caused by neglecting the road traffic regulations, provocative behavior on the road. The novelty of this work consists in the use of the relevant legal precedent that describes the victim side of road users.
Debatable issues in administrative and municipal law
Zeinalov F.N. - The inclusion of individuals riding electric personal mobility devices into social relations in the sphere of road safety (legal and organizational aspects) pp. 9-18

DOI:
10.7256/2306-9945.2021.4.36290

Abstract: The object of this research is the system of social-legal relations in the sphere of road safety. The subject of this research is the legal norms that regulate the road traffic activity that involves individuals riding electric personal mobility devices. The goal lies in the analysis of the normative framework that regulates the legal status of road users riding personal mobility devices, as well as foreign and domestic experience pertaining to integration of such road users into the existing road infrastructure. Research methodology leans on the fundamental provisions of the theory of law, summary of practical experience, methods of logical, monographic and system analysis. The acquired results can be implemented in the legislative activity of government agencies, law enforcement activity, educational process of educational institutions, scientific research of the experts on the problems of ensuring road safety, as well as for improvement of the branches of Russian legal system. The novelty is defined by practical and scientific significance of the problems of law enforcement activity in the sphere of road safety, as well as the need to improve the legal framework that regulate the participation of individuals riding electric personal mobility devices in road traffic. The author offers the amendments to bylaws for demarcating the categories of personal mobility devices, and determine the legal status of the individuals riding them.
Administrative law, municipal law and environment issues
Manin I. - Legal regime of subsoil use in Indonesia pp. 19-36

DOI:
10.7256/2306-9945.2021.4.37296

Abstract: The object of this research is the mining relations in the Sunda Islands of the Malay Archipelago. Analysis is conducted on the normative legal regulation of subsoil use in the Republic of Indonesia, the regime of which is uniform for subsoil zones located on island and offshore territories within Indonesian jurisdiction, but is differentiated depending on the type of mineral resources. The author meticulously examines the state mechanism of management of mining industry, placing emphasis on the role of the municipal authorities. The article examines the content of Indonesian mining and environmental laws that are the main subject of research, governmental acts, and doctrinal sources. The material contains the information on the licensing of subsoil use in Indonesia, including the recent changes therein requirements introduced in 2021. The relevance of this research lies in consideration of the existing legal problems pertaining to subsoil use in Indonesia, representations on the modern system and structure of state administration in this sphere, need of the Russian miners involved in construction of nickel clusters in the Republic of Indonesia, legal support of their business, need for the promotion of Russia’s interests in Southeast Asia. The scientific novelty consists in provision of the fundamentally new information on the subject matter, namely with regards to the licensing of subsoil use and foreign investment, as well as in formulation of conclusions, including on the basis of previously known data. The author indicates the possibility of using the Indonesian interpretation of the “residual principle” for the normative legal regulation of the Russian subsoil use.
Administrative law, municipal law and security
Zajkova S.N. - Transport security within the structure of national security of the Russian Federation pp. 37-47

DOI:
10.7256/2306-9945.2021.4.37328

Abstract: In view of the fact that transport continues to be appealing for committing unlawful acts, including terrorist attacks, the improvement of the forms and methods of managing transport sector remains a relevant topic of scientific research. The genesis of the Russian administrative-legal mechanism for ensuring transport security has its own peculiarities associated with the origin and development of state administration in the sphere of security, as well as in transport sector. Examination of the key trends and objective patterns of this process would allow modifying the existing legal regulation on the questions of security of the transport sector, taking into account the available experience, as well as historical trial and error. The article aims to determine the place of transport security within the structure of national security of the country. Comparison is conducted on the national security and transport security, as well as on the common and specific in state administration and legal regulation. The conclusion is made that the transport security is an integral part of national security of the country; therefore, the goals set by the government with regards to transport security contribute to comprehensive achievement of the goals of national security. Despite the exclusive competence of the Russian Federation in the sphere of security, there is practical legal regulation of certain issues of ensuring security, including transport, on the regional level. Special attention is given to the differences in normative legal regulation of national and transport security. The author introduces the original definition of the concept of “legislation of the Russian Federation in the sphere of transport security”, and substantiates the need for making amendments to the Federal Law “On Transport Security”. The scientific novelty is determined by articulation of the problem and consists carrying out special analysis of the legal regulation of relations in the sphere of ensuring national and transport security.
Theory and science of administrative and municipal law
Kutsenko T.M. - On implementation of the models of judicial mediation in the administrative process pp. 48-54

DOI:
10.7256/2306-9945.2021.4.37390

Abstract: This article examines the possibility of implementation of the models of judicial mediation tested in international practice applicable to administrative disputes. Analysis is conducted on the models of judicial mediation, their merits and flaws. The author outlines the spheres and categories of administrative cases that may require judicial mediation, as well as provides original perspective upon the problem. The integration of mediation into judicial process is feasible not only as a separate procedure – a number of countries features such mediation technique as in-house-mediation, which represents a peculiar approach towards establishing dialogue between the parties to the case aimed at conflict resolution within the framework of judicial proceedings. The analysis of the existing points of view in scientific literature reveals the following criteria that ensure the possibility of implementation of conciliation procedures in the administrative process: absence in the law of a direct ban on the use of mediation procedures; absence of violations of public interest along with observance of the rights and legitimate interests of other parties; competence of the official to conduct conciliation procedure set in the regulatory framework; normative legal consolidation of the possibility of conducting conciliation procedure; strict adherence by the official to the objectives determined by their competence and professional activity (objective, subjective, territorial, and temporal).
Administrative process and procedure
Gorshkov I.S. - Models for licensing the purchase of firearms by individuals pp. 55-64

DOI:
10.7256/2306-9945.2021.4.37400

Abstract: This article examines the theoretical grounds for handgun purchase authorization within the framework of the administrative licensing procedure. The author substantiates the relevance of this topic and its direct impact upon public safety. Analysis is conducted on the current licensing models for the purchase of firearm by citizens in the Russian Federation and its key characteristics. The author carries out a comparative analysis of licensing models for handgun purchase in Russia and certain foreign countries, as well as reveals their merits and shortcomings. The main research method is the systemic structural approach towards the analysis of licensing the purchase of firearm by citizens as a form of public law authorization. The article substantiates the need for extending the legal framework in the structure of administrative procedure for licensing the handgun purchase by individuals the Russian Federation, balancing the private and public interests aimed at improving public safety via application of the more advanced mechanisms of administrative-legal regulation in the context of distribution of civilian firearms in society.
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