DOI: 10.7256/2306-9945.2024.1.69771

EDN: ATYNLA

Abstract: The object of the study is the general purpose and function, as well as the tasks of the proceedings in cases of administrative offenses. The interdependence and relativity of the concepts of "purpose" and "task" of proceedings in cases of administrative offenses cause difficulties in establishing their distinctive features and mutual differentiation, and therefore the issue of defining these categories in the science of administrative law is currently debatable. For this reason, the works of prominent Russian jurists such as D. N. Bakhrah, V. V. Dorokhin, S. D. Mogilevsky, A. Y. Yakimovich, revealing the content and essence of these concepts from different sides, formed the subject of this study. The specificity of the research object was a decisive factor in determining the research methodology. In preparing the article, a set of general scientific and private scientific methods was used, including the method of system analysis, which ensured the validity of the author's judgments, suggestions and recommendations. Within the framework of a systematic analysis, directing the research process from a complex to a simpler manifestation of the object of research, the author, based on the patterns of formation of tree-like hierarchical structures, reveals the content of the above concepts in an original way, defines the general law-restoring nature of production, identifies the law enforcement stages in it, as well as the goals and special tasks of each stage. As a result of the research, the author's version of Article 24.1 of the Code of Administrative Offenses of the Russian Federation is proposed, which establishes a legal definition of the purpose of proceedings in cases of administrative offenses. Proposals for improving the current legislation indicate the applied significance of this study, while some conclusions and theoretical generalizations of the author can be used to conduct further research in this direction.

DOI: 10.7256/2306-9945.2024.1.69837

EDN: IJTTNA

Abstract: The object of the study is a set of public relations in the field of road safety when using unmanned vehicles on public roads. The subject of the article is international and national legal norms regulating public relations, which are formed in connection with the introduction and use of unmanned vehicles on public roads. The purpose of this work is to study domestic legislation and the practice of using unmanned vehicles in road traffic, as well as to formulate proposals and recommendations for improving current legislation in this area. Particular attention is paid to the fact that since the idea of creating unmanned vehicles and its subsequent use on public roads, both in the Russian Federation and in other countries, the question arises of changing the regulatory framework governing the process of road traffic in the context of increasing widespread digitalization. In preparing the work, general scientific methods of scientific cognition were used, such as dialectical, logical, systemic, as well as special methods: comparative legal, formal legal. The author comes to the conclusion that the legal regulation of the use of unmanned vehicles is an urgent and important topic, because it is an innovative area that has the potential to change the transport industry and influence existing traffic rules and regulations. To do this, it is necessary to use an integrated approach to the legal regulation of the use of unmanned vehicles on public roads. First of all, it is necessary to develop a national standard "On unmanned wheeled vehicles", which should contain both the technical requirements for BTS and the requirements concerning the safety of the hardware and software control complex for such vehicles. In addition, it is necessary to adopt a law containing the basic concepts, terms, definitions, rights and obligations of developers and operators of BTS, and on the basis of this law to develop and amend existing regulatory legal acts regulating road safety and legal responsibility.

DOI: 10.7256/2306-9945.2024.1.69515

EDN: VEKFJI

Abstract: The principles on which the public sphere is based are of great importance in terms of the legitimacy and effectiveness of government. The article examines the principles underlying public activities in the provision of state and municipal services to citizens and organizations. The purpose of the study is to define a public service, characterize the principles established by law for the provision of public services and analyze their content. The principles of providing public services are an important independent part of government activity and are directly related to the observance of the rights of citizens in relations with the state. The implementation of the principles affects the quality of relations between the state and the individual and, ultimately, trust in government. When highlighting the general and special principles of the type of activity under consideration, the article presents their relationship, interdependence and influence. The article achieved the following results: the concept of public service was formulated; the difference between a public function and a public service is defined; the content of the principles for the provision of public services established by law analyzed; principles have been proposed that can be supplemented with legislation in order to improve the provision of public services; The interaction of the principles of providing public services with the general legal principles of public activity and with each other has been identified. The article establishes measures that promote the efficiency of the provision of public services and respect for the rights of citizens: standardization and regulation of services, the introduction of multifunctional centers operating on the “one-stop” principle, and the use of electronic forms of service provision.

DOI: 10.7256/2306-9945.2024.1.40073

EDN: VFAEMU

Abstract: The subject of the study is the issues of codification of administrative procedural and administrative tort legislation. The complex issue of its codification requires a thorough analysis of a number of fundamental theses for further argumentation of the author's position regarding the improvement of the institutional foundations of codification both from the standpoint of scientific and methodological development and practical implementation. The need to codify administrative proceedings is due to the fact that the reform of the administrative procedure will be incomplete without improving the CAS of the Russian Federation in terms of including the provisions of the APC of the Russian Federation and the procedure for considering cases of administrative offenses and strengthening judicial control over the actions of administrative jurisdiction bodies by reforming the procedural mechanism for considering cases of administrative offenses by courts of general jurisdiction (option arbitration courts according to the rules of the RF PACS). The goals are achieved using the methods of historical, systematization, synthesis, and special legal methods. The scientific idea of the formation of the procedural form of administration is argued, the scientific idea of the formation of the procedural form of administrative legislation is documented, which means only the judicial procedure for the consideration of cases, including administrative proceedings and proceedings in cases of administrative offenses. Practical recommendations are formulated on reforming the legislative and organizational foundations in the field under study and the adoption of a basic law on the procedure for the implementation of administrative proceedings when considering and resolving administrative cases by courts on the protection of violated or disputed rights, freedoms and legitimate interests of citizens and organizations, as well as other administrative cases related to the exercise of judicial control over the legality and validity of public powers, namely, the Administrative Procedural Code of the Russian Federation (as a variant of the Procedural Administrative Code of the Russian Federation - PAK RF). An invitation to the discussion is published.

DOI: 10.7256/2306-9945.2024.1.70196

EDN: UUJCWJ

Abstract: The object of the study is such a concept as "landscaping", as well as its constituent elements at different stages of the development of the Russian state. In each of the periods of Russian history, the legislator determined in his own way what landscaping is, what measures to create a comfortable space for people's lives should be fixed in existing regulations, which bodies and organizations should be given powers of control and supervision in the sphere of public life in question, what specific powers (their nature and scope), as well as which sanctions for violations of the established requirements will be most commensurate with what has been done. In this regard, the interpretation of the concept of "landscaping", the selection of a definition that would be universal for all periods of the development of Russian statehood, is a controversial issue in modern science. Both general scientific and private scientific research methods were used in the preparation of the work. Thus, among the general scientific methods, analysis and synthesis were most widely used. Among the private scientific methods, the historical method is of key importance, since the subject of the study involves the study of different periods of the history of the Russian state, as well as the analysis of historical documents of the corresponding eras. In the course of the study, based on legislative acts of different eras, the constituent elements of the concept of "landscaping" inherent in a particular time are determined and a conclusion is formulated about the direct continuity of the development of this concept. As a result of the research, the author comes to the conclusion that in the early stages of the development of the Russian state, the era of Peter the Great is the most significant in the context of the development of landscaping as an object of administrative and legal protection. It was during this period that the elements of landscaping were isolated and legislatively fixed, as an activity that is provided by the state, administrative responsibility for many violations of the requirements for external landscaping of Russian cities was introduced for the first time, and the main vectors of further development in this area were laid and determined.

DOI: 10.7256/2306-9945.2024.1.69597

EDN: UXUMQM

Abstract: The relevance of writing this article is justified by the growing possibilities of providing negative information and psychological effects on the individual psyche and public consciousness of Internet users. This fact has a negative impact on the state of security in various areas of public administration. The author of this article considers administrative liability as a means of countering the spread of illegal content on the Internet. The subject of the published research consists of: the norms of administrative and tort legislation establishing administrative responsibility for the dissemination of illegal content; administrative and judicial practice developing in this area of public relations; scientific literature devoted to the study of signs of administrative offenses, administrative responsibility and ensuring information and psychological safety of the population from threats arising in the Internet environment. The purpose of this work is to characterize the main signs of administrative offenses related to the dissemination of illegal content, as well as legislation on administrative offenses in terms of bringing persons distributing illegal content to administrative responsibility.  The methodological basis of the research consists of general scientific methods of cognition (analysis, synthesis, etc.), as well as systemic, structural-functional and formal-legal methods. The scientific novelty of the study consists in the formation of a list of administrative offenses related to the dissemination of illegal content. Also, within the framework of this work, a characteristic of the main signs of administrative offenses is presented, on the basis of which it is possible to limit the dissemination of information in the network space. It has been established that the studied group of acts has a sign of social danger. Criteria for measuring the degree of public danger of offenses related to the distribution of illegal content are formulated. Justified and empirically confirmed (based on the results of a sociological survey of 100 employees of the internal affairs bodies of the Russian Federation) the need to adjust the legislation on administrative responsibility, namely, the addition of Article 4.3 of the Administrative Code of the Russian Federation with the following sign aggravating administrative responsibility: "the commission of an administrative offense in information and telecommunications networks, including the Internet or using these technologies".