NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue 04/2023
Contents of Issue 04/2023
Public law: New challenges and realities
Usov A.Y. - Prosecutor's science: current state and development trends pp. 1-8

DOI:
10.7256/2306-9945.2023.4.44189

EDN: YZWXCJ

Abstract: The article is devoted to the study of the history, current state and trends in the development of prosecutorial science in the Russian Federation. Currently, legal science is undergoing a reform associated with the process of consolidation of scientific specialties. The article defends the need to preserve prosecutorial science as an independent branch of legal knowledge, characterized by a whole galaxy of outstanding scientists engaged in the study of the theory of prosecutorial activity, an independent system of scientific and educational organizations that form scientific schools in this area, and, finally, a detailed elaboration of the scientific foundations of the functions and areas (areas) of the prosecutor's office, a doctrinal approach to the development and functioning of the prosecutor's system. The main conclusions of the conducted scientific research are the ideas that at present there is a steady trend towards the separation of prosecutorial science into an independent branch of scientific knowledge. The article also contains proposals for a more detailed definition of the scientific branch 5.1.2 "Public law (state law) sciences" of the content of scientific research devoted to prosecutorial science, which, in addition, would make it possible to more accurately distinguish scientific research also devoted to the study of prosecutorial supervision, which, however, are conducted within the framework of scientific branch 5.1.4 "Criminal law sciences".
Administrative and municipal law: business, economy, finance
Mal'ginova Y.N. - The main directions of the digital economy in the context of administration and public administration pp. 9-14

DOI:
10.7256/2306-9945.2023.4.68829

EDN: OMGPTY

Abstract: The article outlines the main directions of development of the digital economy in the context of public administration. The author reveals the essential directions of the digital economy in public administration, based on digitalization and digital transformation of management both in the legislation of the Russian Federation and administrative law. Particular attention is paid in the article to the administrative reform based on improving the efficiency of public authorities and minimizing managerial actions, taking into account digitalization and digital transformation. Further, the author reveals the directions of the digital economy devoted to administration, as the activities of the governing bodies and their officials, related to the implementation of management decisions and the introduction of digital technologies and new products into this activity. One of the well-known directions is the provision of state and municipal services by multifunctional centers, which is a convenient, effective and well-established way of consuming services and communication between the state and the citizen. However, the author notes that this leaves the question open for further study, and also draws attention to the need to ensure a high level of information and technical security and other measures in this area. Summing up, the importance and necessity of implementing the national program "Digital Economy of the Russian Federation", which will allow building an information and digital society in Russia, is emphasized.
Administrative law, municipal law and the issues of informatization
Karpysheva Y.O. - On the possibilities of using artificial intelligence and other technologies in the activities of the prosecutor for the supervision of the execution of laws pp. 15-23

DOI:
10.7256/2306-9945.2023.4.68903

EDN: AMRCJU

Abstract: The object of this study is a set of diverse social relations that are developing in the sphere of the Prosecutor's Office of the Russian Federation for the supervision of the execution of laws in the light of the development of digital technologies and their implementation in the activities of state and municipal bodies. The subject of the study is the problem of obtaining, processing and using information by the prosecutor necessary to achieve the goals set for him, in particular, the problem of finding the necessary information, which is often carried out manually, sampling from the data obtained those that are really needed for supervisory activities, and their further application. In the course of the study, the author came to the conclusion about the ongoing process of digitalization of the activities of the Prosecutor's Office of the Russian Federation, including the supervision of the execution of laws. At the same time, this process is not as dynamic as the needs of prosecutors to use a large amount of information in their activities. In this regard, it seems obvious that there is a need to introduce artificial intelligence into the activities of the prosecutor's office, which will allow searching and processing many times more information than is done by prosecutors, which will allow you to quickly obtain the necessary information on specific issues as a result of analyzing a larger number of information resources.
Churikova A.Y. - From computerisation to digital transformation: the relationship between concepts pp. 24-36

DOI:
10.7256/2306-9945.2023.4.68926

EDN: EHWIDY

Abstract: Background: information technologies and systems have become an integral part of society. State and municipal authorities are forced to adapt to the digital reality. One important part of this process is establishing a clear and logical terminological base. However, at present there are no normative definitions of commonly used terms related to the processes of implementation and use of information technologies. Objective: to analyze the concepts of computerization, informatization, automation, digitalization and digital transformation of state and municipal government, to draw a relationship between these concepts and give their definition. Methodology: general analysis, formal logic method, comparative analysis, as well as system-structural method. Results and conclusions: it was concluded that the terms computerization, informatization, automation, digitalization and digital transformation have different meanings and actually reflect various aspects of the process of introduction and dissemination of information and telecommunication technologies into the life of society and the state, while they are closely related to each other and in fact are carried out simultaneously. Based on the analysis of scientific literature and current legislation, a comprehensive categorical and terminological apparatus of processes associated with the introduction and use of information technologies and systems in the activities of state and municipal authorities is proposed. The proposed formulations help establish terminological clarity and certainty and can be used in regulations and further scientific research.
Administrative law, municipal law and the issues of migration
Petrovskaya M.I. - Systemic problems of administrative and legal regulation of the powers of state bodies in the field of forced migration in Russia pp. 37-49

DOI:
10.7256/2306-9945.2023.4.69246

EDN: UFYBKY

Abstract: The relevance of the research topic consist in the existing systemic problems in the field of forced migration, including the lack of a real coordinating link, unsystematic state policy in the field of social adaptation and integration of forced migrants, and identified problems in statistical activities. The main conclusions of the study are to substantiate the need for high-quality administrative reform, including the formation of a single coordinating body authorized to carry out coordination functions and determine public administration schemes in various situations, modernize statistical activities, and create a specialized body authorized to carry out functions in the field of social and cultural adaptation of forced migrants and the adoption of the corresponding federal law. The authors special contribution is a systematic study of statistical data on forced migration and identification of systemic problems in statistical activities, analysis of the latest legislation in the field of social and cultural adaptation. The scientific novelty of the study is due to the systematic approach to the study of issues of forced migration as a special category of public administration, different from labor and voluntary migration, the synthesis of law enforcement and protective powers and powers in the field of social and cultural adaptation and integration of forced migrants. This made it possible to analyze the activities of government bodies both from the perspective of suppressing illegal migration and compliance with established administrative procedures, and from the perspective of implementing a unified state policy in the field of social and cultural adaptation and integration, legal education, promoting the prevention of crime, strengthening integration and increasing the positive economic effect from the labor activity of forced migrants.
Theory and science of administrative and municipal law
Trofimov E.V. - The role of norm-referenced regulation and indirect methods in optimizing law and reducing regulatory risks pp. 50-63

DOI:
10.7256/2306-9945.2023.4.69327

EDN: SKAQKV

Abstract: The subject of the study is public relations in dynamically developing areas, where direct methods of public administration and traditional legal tools show their ineffectiveness. The purpose of the article is to develop an approach to the applicability of indirect methods in administrative and legal regulation in the context of the transition to Industry 4.0. The research was carried out on the basis of an interdisciplinary approach using method of system analysis and the dogmatic method. As a result of the study, it was concluded that increased government influence on the economy led to the formation of a process approach to administrative and legal regulation. However, the use of this approach assumes that identifying a defect is a norm that cannot, as a general rule, entail negative consequences for an economic entity. This feature is dissonant with the approach to legal regulation, and in a process sense it contains the less social value and carries the more threats, risks and costs, the more detailed it is. Overcoming the negative consequences of direct regulation is possible by using indirect methods of public administration, in which the solidarity of non-state actors with state goals is achieved through economic interest. Non-state regulation not only includes rule-making and control, but also requires providing incentives. Norm-referenced regulation is used in semi-formalized areas in which the state does not have awareness and effective tools for influence, but can use an incentive mechanism in areas of interest to the private sector. In such cases, the emphasis shifts from state to non-state regulation. In the context of the transition to Industry 4.0, the state will transfer regulatory functions to the private sector for self-regulation and local regulation with indirect influence from the state.
Administrative law, municipal law and human rights
Korsun K.I., Zadorina M.A. - The global "epidemic" of loneliness: measures of state support for single people pp. 64-73

DOI:
10.7256/2306-9945.2023.4.69351

EDN: GNXUFS

Abstract: The modern development of digital technologies has led to the fact that absolutely all spheres of human activity have been transferred to the virtual space. Many state and political institutions are also moving to an online format (elections, judicial proceedings, municipal polls). The lack of "live communication" and the dominance of communications in the virtual environment have led to the problem of loneliness. The authors pay special attention to the world practice of combating this problem. The subject of the research: scientific works of Russian and foreign scientists devoted to the problems of social isolation and loneliness, normative and policy documents on the implementation of social policy in Russia and foreign countries, information and analytical materials of authorities and organizations containing statistical and other information on the research topic.The methodological basis of the research consists of general (analysis, synthesis, induction, deduction, comparison) and private scientific (specifically sociological, statistical), as well as special legal (comparative law) methods of scientific cognition. The scientific novelty of the work consists in the strengths and weaknesses of existing methods of combating loneliness at the state level identified on the basis of an analysis of the practice of applying state support measures for lonely people in the UK, South Korea, Japan and Germany. A special contribution of the authors to the study of the topic is the study of the Russian practice of implementing measures of state support for single people in conjunction with the assessment of demographic indicators of the level of population growth in Russia, registered marriages and divorces, as well as formulated proposals for improving public administration in the social sphere. The authors conclude that people have forgotten how to build longterm strong relationships and, as a result, modern society is infected with an "epidemic" of loneliness, the consequences of which pose a threat to the development of the country and the well-being of the population.
Theory and science of administrative and municipal law
Agamagomedova S. - Monitoring in the financial sector: current administrative and procedural trends pp. 74-83

DOI:
10.7256/2306-9945.2023.4.40654

EDN: MLSTJF

Abstract: The subject of the research is the institution of monitoring in the financial sector. The purpose of the work is to analyze the legal regulation and practice of implementing monitoring in the financial sector and to highlight, based on the analysis, significant administrative and procedural trends in its development. On the basis of combining the categories of tax and customs monitoring, the author singles out the category of monitoring in the financial sector. Based on the analysis of the legal regulation of monitoring in the financial sector in the modern period, the correlation of monitoring with audit and evaluation in the financial sector is highlighted, the connection of monitoring with the processes of digitalization of financial control is substantiated, and administrative and procedural trends in its regulation are indicated. A dedicated monitoring institution in the financial sector is positioned as an instrument of financial control. At the same time, a comparison of the areas of monitoring use allows us to determine that tax monitoring is enshrined in tax legislation as a form of control, and customs monitoring is regulated at the sub-legal level and is still carried out in an experimental mode. The connection of monitoring in the financial sector with audit, assessment and self-assessment is indicated. The conclusion is made about the digitalization of control and supervision in the financial sector as a condition for the introduction of monitoring tools. Attention is drawn to the scientific positioning of monitoring as a way to resolve and prevent disputes in the financial sector.
Akhtanina N.A. - Current directions of improving administrative and legal methods of countering extremism in modern conditions pp. 84-92

DOI:
10.7256/2306-9945.2023.4.44092

EDN: MFMSFW

Abstract: Extremism is a big problem in the public life of citizens. The Decree of the President of the Russian Federation laid down the main directions of countering extremism. However, in the modern world, in which computing technologies and computer equipment are constantly developing and improving, a wide range of opportunities for communication between each other opens up for citizens who are prone to illegal behavior, including for calling for certain kinds of illegal actions. Thus, examining the administrative and legal mechanism of countering extremism, it should be noted that the subjects of counteraction are various state authorities, the key place among which is occupied by internal affairs bodies. Federal Law No. 3-FZ of February 7, 2011 "On the Police" imposed on the police a duty that is expressed in the prevention, detection and suppression of extremist activities of public associations, religious and other organizations, as well as citizens. Preventive work on countering extremism should be carried out at the level of formation of both individual and collective consciousness among various categories of the population, a negative attitude to acts of terror. Work in this direction should be an activity aimed at forming a belief in the unacceptability of these actions in society, non-recognition of such behavior in society, tolerant and humane attitude towards others.
Administrative, municipal law and federal structure of the state
Sultanov K.A. - Features of consideration of cases on challenging the laws of the subjects of the Russian Federation on administrative offenses pp. 93-105

DOI:
10.7256/2306-9945.2023.4.40631

EDN: MHJKCB

Abstract: According to the Constitution of the Russian Federation, administrative and administrative procedural law are jointly administered by the Federation and its regions. The article, based on the analysis of the practice of consideration by courts of administrative cases on challenging normative legal acts adopted by legislative bodies of state power at the regional level, highlights the features of consideration, identifies problematic issues and prospects for the rule-making of state bodies of public authority of the subject of the Russian Federation. The laws of the constituent entities of the Russian Federation on administrative offenses are also joint issues of federal and regional legislative authorities. When appealing against such regulations, the courts are guided by both the Administrative Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The main conclusion of the study is that there is currently a judicial practice on challenging the laws of the regions of the Russian Federation on administrative offenses that contradict federal legislation. Despite detailed checks of the laws before adoption, the problem of the existence of illegitimate regional laws remains relevant. Specific examples are given on the adoption of regional acts on administrative offenses with exceeding the powers of a subject of the Russian Federation. The novelty of the research lies in the assessment of the current state of legislation and judicial practice of its implementation. The author's special contribution to the research of the topic is to identify ways to further improve and prospects for the development of the procedure for adopting and challenging regional laws on administrative offenses. The practical significance of the research lies in the development of scientifically-based proposals for additional in-depth understanding and development of legal relations in the field of rulemaking at the regional level, including from the point of view of judicial norm control.
Administrative law, municipal law and security
Agamagomedova S. - Bringing to administrative responsibility in the field of traffic on the basis of data obtained using photo and video recording pp. 106-119

DOI:
10.7256/2306-9945.2023.4.40513

EDN: MHOLUV

Abstract: The subject of the study is the procedure for bringing to administrative responsibility in the field of road safety based on data obtained using photo and video recording. Based on the analysis of the use of photo and video recording tools to identify violations in the field of road traffic as the most common category of such offenses in practice, the author highlights the specific features of the procedures for bringing to administrative responsibility based on photo and video recording data. The author considers the strategic priorities and results of the use of photo and video recording in the field of traffic, procedural features and problems of such use, suggests ways to solve the identified problems. Dialectical, logical, historical, statistical, formal-legal methods were used as research methods. The results of the study were the author's position on the strategic priorities and domestic practice of using photo and video recording in the field of road traffic, the features of the procedures for bringing to responsibility based on the testimony of such means. Based on the analysis of domestic and foreign practice, two approaches to digitalization in ensuring road safety have been identified: an approach based on technical assistance to the driver in ensuring safety, and an approach aimed at fixing the situation on the roads. It is concluded that the system for ensuring road safety that has been formed in Russia today is based not on driver assistance, but on mechanisms for detecting violations in order to bring them to administrative responsibility. The latter in the field of traffic has a fiscal focus, which is contrary to the basic goals of administrative punishment.
Administrative and municipal law: forms and methods of implementation (practice)
Uvarov A.A., Iakovlev-Chernyshev V.A. - On the control and supervisory functions of the Ministry of Justice of the Russian Federation pp. 120-134

DOI:
10.7256/2306-9945.2023.4.68777

EDN: MTMXNE

Abstract: The subject of the study is the functions of the Ministry of Justice of Russia, special attention is paid to the control and supervisory function. The purpose of the study is to identify defects in regulatory legal acts that fix the list and content of the functions of the Ministry of Justice of the Russian Federation, as well as to find ways to correct them. The research methodology is based on systematic and complex approaches, includes a set of general scientific and private scientific research methods, including methods of analysis, synthesis, induction, deduction, system-structural, logical, formal legal, etc. The authors analyzed a set of legal acts regulating the organizational and legal aspects of the implementation of the functions of the Ministry of Justice of Russia. According to the results of the study, the following main results were obtained: the imperfections of the Regulations on the Ministry of Justice of the Russian Federation were revealed, including the confusion of the concepts of "functions", "powers", "area of jurisdiction", going beyond the functions of the Ministry of Justice of Russia to the level of discretion of the federal legislator, as well as insufficient specification of the powers of the Ministry of Justice of Russia in areas of the legal organization of local self-government; the author's classification is proposed, which allows improving the situation on the basis of systematization and clarification of the content of the functions performed by the Ministry of Justice of the Russian Federation; the peculiarities of the implementation of the control and supervisory function of the Ministry of Justice of the Russian Federation in relation to various subjects of law subject to verification are revealed; it is substantiated that the Ministry of Justice of the Russian Federation, together with the Federal Notary Chamber, should eliminate contradictions between the Code of Professional Ethics of notaries and the Labor Code of the Russian Federation. The conclusions and results obtained can be used in the activities of the Ministry of Justice of the Russian Federation, when conducting further legal research in the field of public law.
Administrative law, municipal law and the issues of informatization
Kosareva E.A. - Legal regulation of electronic passports in the Russian Federation pp. 135-145

DOI:
10.7256/2306-9945.2023.4.68963

EDN: MROUUB

Abstract: The object of the study of this article is the social relations arising from the issuance and use of newly introduced electronic passports in the passport system of the Russian Federation; the subject of the study are the rules of law governing the introduction and circulation of electronic passports. The purpose of the study is to analyze modern legal acts regulating the passport system of the Russian Federation and to develop measures to improve the passport system for the effective introduction of electronic passports. Based on the purpose of the study, the article analyzes the international experience of the introduction and use of machine-readable and electronic passports, as well as the foreign experience of the CIS countries in the use of biometric passports. The normative legal acts regulating the passport system in the Russian Federation are investigated, as well as gaps in the legislative framework that prevent the effective implementation of the electronic passport system in Russia are identified.The methodological basis of the research is the dialectical method of scientific cognition of phenomena and facts of objective reality in their dynamics and development, as well as general and private scientific research methods. The novelty of the study lies in the fact that attempts to introduce electronic passports into the current Russian passport system have been made since 2013. Pilot projects were proposed to create and implement universal electronic cards, but the projects were closed due to a number of problems. Currently, by Presidential Decree No. 695 of September 18, 2023, the process of introducing electronic digital passports has been resumed, however, for the successful and effective introduction of electronic passports, the modern passport system requires modernization, including in the field of law regulation. The article draws attention to the problems of using electronic passports in relation to the passport system of the Russian Federation. At the same time, based on the purpose of the study, the author analyzes the main regulatory and social problems that arise when introducing electronic passports into life and also suggests a number of measures that contribute to effective electronic passport document management.
Administrative law, municipal law and the institutions of civil society
Goncharov V.V. - Glasnost as a Principle of Public Control in the Russian Federation: Constitutional and Legal Analysis pp. 146-158

DOI:
10.7256/2306-9945.2023.4.69005

EDN: MQBGQE

Abstract: The article is devoted to the analysis of publicity as a principle of public control. The role and place of this institution of civil society in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs is investigated. The authors analyze the basic principles of the organization and activity of subjects of public control. The main features of the concept of the principle of publicity are formalized: a) it involves bringing information about the organization and activities of subjects of public control, as well as about public control activities carried out by them, to the citizens of the country; b) its implementation means that it is not allowed to conceal or distort any information that has become known to representatives of public control; c) it presupposes the existence of a mechanism guaranteeing the dissemination of information to the entire population; d) it is not possible without the development and implementation of a mechanism for the responsibility of any public authorities, their officials, legal entities and individuals for obstructing the processes of bringing the above-mentioned information to the population of the country; e) it presupposes the absence of self-censorship of the above-mentioned information, carried out by subjects of public control under the influence of both public authorities and other subjects of the political system of society. A number of methods of scientific research are used in the work, including: formal-logical; historical-legal; comparative-legal; statistical; sociological. The article identifies and formalizes the main problems associated with the consolidation and implementation of the principle of publicity in the organization and activities of subjects of public control: a) the lack of formalization of this institution of civil society in the Constitution of the country; b) not fixing at the level of Federal law (or by-laws) among the principles of public control of the principle of publicity; c) the absence of criminal and administrative legislation measures of legal responsibility of public authorities, their officials, as well as other objects of public control, for countering the legitimate activities of representatives of public control to disseminate information related to the organization and conduct of public control events; d) lack of a systematic approach in securing legal guarantees for the implementation and protection of public control. A system of measures to resolve these problems has been developed and justified.
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