NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Theory and science of administrative and municipal law"
Theory and science of administrative and municipal law
Kananykina E.S. - System of the British higher education in the XX century. pp. 1-17

DOI:
10.7256/2306-9945.2013.4.685

Abstract: The education system of Britain differs from other European models, including the Russian system. In comparison with the British system, the German system of professional education may be characterized by a presence of well-interrelated programs developed in accordance with the specific state programs One of the consequences of such an approach is a more limited personal choice in education in comparison with the British system, while it achieves some results.  Additionally, the number of courses is comparatively limited, and a process of studies is less flexible in respect of taking into account the abilities of the students. From the middle of 1980s the process of professional education in Britain was changed considerably due to its weakness and the need to react to the changes in economics and employment.  In particular, the national system of professional qualification was introduced based mostly upon the level of competence in some specific work, rather than having certain knowledge. It allowed to single out 600 professions out of supposed 900. The new rules on loans were passed, allowing the government to stimulate small-scale forms, education of staff and daytime or evening courses for some persons in accordance with the work loans system. Additionally, over 80 councils on education and enterprise councils were formed in England and Wales.  Currently there is a wide range of possibilities for advanced training and higher education both for the organizations and to persons. Both companies and persons are provided for more opportunities to choose form, both in formal education and in the workplace training.
Vinnitskii A.V. - Institution of Public Services in Russia: Prospects of Development from the Point of View of European Experience pp. 1-27

DOI:
10.7256/2306-9945.2013.10.1015

Abstract: The article is devoted to the development of the institution of public services in the countries of the European Union and Russia. The author of the article analyzes contradictions and shortcomings of the Russian legislation in this sphere. Based on foreign experience, the author provides grounds for applying a broad approach to interpretation of public services and division of public services into economic and non-economic services. It is stated that the French concept of public services has been adopted in many continental governments. It is concluded that French and Germany have formulated alternative doctrines of mandatory public activities of their governments. The author also sresses out that state and municipal services include social services as well as administrative and legal decisions. It is noted how public units should ensure enforcement of this or that function. The author offers a broader classification and basic division of public services. At the end of the article it is concluded that public services of economic nature are provided by economic entities in a competitive environment and cover services of general effect while public services of non-economic nature cover administrative and social services. 
Kravchuk A.M. - From the good governance concept to the practice of administrative law-making by federal executive bodies. pp. 1-16

DOI:
10.7256/2306-9945.2013.11.1060

Abstract: The article presents the study of the fundamentals of the globally recognized concept of good governance in part of its implementation in the process of drafting and adoption of normative legal acts of federal executive bodies. The Good Governance approach provided by the ESCAP of the UNO was taken as a basic approach to the concept. According to this approach eight fundamental principles of good governance are singled out. In the process of study it is established that major part of the good governance principles are implemented in normatively provided procedures for drafting, adoption and registration of normative legal acts of federal executive bodies. At the same time some principles are not implemented at all, or are not properly implemented. That is why, the results of this study should be taken into consideration  when improving the mechanism for drafting and adoption of drafts of normative legal acts by the federal executive bodies.
Shagieva R.V. - Procedural law in the system of Russian law. pp. 1-18

DOI:
10.7256/2306-9945.2014.2.11211

Abstract: The article presents the approach of the author towards understanding procedural law, showing its correlation with material law, substantiating the criteria for singling out complicated forms of law-enforcement activities, within which the social relations requiring procedural legal regulation are formed. It is stated that division of system of law into sub-systems of material and procedural law should be done in accordance with their place in legal regulation and specific features of interaction of subjects of regulation. Many scientists suppose that procedural legal norms are meant to regulate entire scope of activities of competent bodies on formation and guarantees of existence of material law.  It is noted that procedural law should be connected to legal practice, and with its most complicated forms at that. The author also provides the general theoretical criteria for complicated forms. Strict conformity to all of the procedural norms serves as a guarantee of implementation of material norms.  That is why, law as a system of norms is a union of material and procedural law, and each of the above holds its special place in the legal regulation of social relations.
Agamyan A.A. - On the issue of interpretation of the term "budget expenditures". pp. 1-11

DOI:
10.7256/2306-9945.2014.3.11898

Abstract: The article is devoted to defining the budget expenditures, based upon their main elements. The author points out that the Budget Code of the Russian Federation does not use the definition of budget expenditures. It uses a different term "expenditures of budget". The semantic contents of these two terms are different, since "budget expenditures" include all of expenditures due for the payment and uptaken for payment within the procedure established by law.  The expenditures of budget only refer to whether certain funds belong to budget or not. The main elements of budget expenditures are the following: they are a public category; they usually may not be returned; they do not form and do not repay liabilities; they are provided by the state permanently; they are a budget law category for the economic relations on distribution and use of the centralized monetary funds regulated by the law.  The article also concerns the main doctrinal definitions of budget expenditures and the author offers a definition.
Sotskov F.N. - Action in public proceedings: problems of combination pp. 1-7

DOI:
10.7256/2306-9945.2014.6.14960

Abstract: The subject of the article is the problem of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.
Sidorov E.I. - Qualification of administrative offences consisting in the evasion from the declaration or a false declaration of goods within the Customs Union of the Eurasian Economic Union pp. 1-14

DOI:
10.7256/2306-9945.2015.1.15747

Abstract: The article focuses on the legal and organizational problems of administrative offences qualification. The author carries out the theoretical and legal analysis of the problems of qualification of administrative offences consisting in the evasion from the declaration or a false declaration of goods. The author studies the legal grounds and the composition of these offences, their main types and the peculiarities of qualification by the officials of the customs bodies, the order of procedural registration and the ways of enhancement of law-enforcement practice in this sphere. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide law and order in the sphere of customs it is necessary to enhance the procedural forms of administrative-legal sanctions imposition for the violation of the legislation on administrative offences. The main contribution of the author is the declaration of the need to develop administrative responsibility in the customs sphere. The novelty of the research lies in the proposals about the enhancement of qualification of administrative offences in this sphere.  
Saidov Z.A. - Economy as an object of administrative and legal regulation pp. 1-23

DOI:
10.7256/2306-9945.2015.2.15798

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of the modern economy. The author carries out a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. The article presents the author's position towards the concept of government regulation of economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of development of law and economics in modern conditions. The article considers the author's positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.)The main conclusion of the study says that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy.The main contribution of the author consists in the declaration of the need to develop administrative-legal regulation of economy. The novelty of the article lies in the proposals for the development of forms and methods of government regulation of economy, and the creation of legal and institutional guarantees for the rule of law in Russian economy.
Bombitskii A.M. - Administrative rules in the sphere of internal affairs pp. 1-11

DOI:
10.7256/2306-9945.2015.3.16191

Abstract: The subject of the research is the range of legal and organizational problems of administrative-legal regulation of rules used in the sphere of the interior. The author analyzes the concepts of legal regulation of development of rules in the system of the Ministry of Internal Affairs of the Russian Federation. The article presents the author’s positions on the category of “administrative rule”. The main attention is paid to the development of methods and methodology of administrative-legal regulation of positive relations in the sphere of internal affairs. The article presents the author’s positions on the explanation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present, to provide law and order in the sphere of the interior, it is necessary to enhance forms and methods of administrative-legal regulations of procedural activity. The main contribution of the research is the conclusion about the necessity to develop administrative-legal regulation in the sphere of the interior. The novelty of the research lies in the suggestions to develop forms and methods of administrative-legal regulation in the sphere of the interior and to establish legal and organizational guarantees of legality in the sphere of internal affairs. 
Ruchkina G.F., Vengerovskii E.L. - On the issue of the managing companies’ activities licensing in the sphere of housing maintenance and utilities pp. 1-9

DOI:
10.7256/2306-9945.2016.2.18272

Abstract: The authors consider such an important aspect of housing and utilities services ensuring as the managing companies’ activities licensing, and analyze the legislative novels in the sphere of licensing agencies, and the licensing requirements introduced in 2015. The research subject includes the statutory acts of the Ministry of Construction, Housing and Utilities in the sphere in question aimed at the improvement of public control mechanisms in the field of managing companies’ activities licensing. The authors pay special attention to the legal status of the self-regulating agencies’ representatives in the process of licensing, since their participation is necessary for corruption risks mitigation. The authors apply the comparative-legal method helping to detect the main drawbacks of the current legislation. The scientific novelty of the study consists in the complex analysis of the current legislation regulating the managing companies’ activities on the sphere of housing maintenance and utilities management. The authors propose the amendments to federal laws and delegate legislation aimed at the improvement of licensing mechanisms and the provision of access of competitive managing companies, providing high quality housing and utilities services, to this market. 
Agamagomedova S.A. - The concept and the limits of oversight functions of customs agencies pp. 1-7

DOI:
10.7256/2306-9945.2016.5.20352

Abstract: The research object is oversight functions of customs agencies. In the author’s opinion, the administrative and legal status of customs agencies as the subjects of customs control is based on their competence, which includes the set of oversight authorities of a customs agency. The author differentiates oversight and jurisdictional authorities of customs bodies. The paper contains the definition of oversight functions of customs agencies; the author differentiates two directions, based on the control vector: those related to the subordinate subjects and those related to independent subjects. Besides, the author denotes the limits of oversight functions of customs authorities and introduces the concept of an “oversight space” in relation to customs control. The author applies the methods of structural and functional and system analysis, systematization and modeling, and the formal-legal method. The scientific novelty of the study consists in the definition of the legal notion of “oversight functions of customs agencies”, the detection of their temporal, spatial, procedural and functional limits. The customs agency’s competence, including oversight functions, is the base of the administrative and legal status of customs agencies as the subjects of customs control. Besides, the author introduces the concept of an “oversight space” in relation to customs control. 
Ishimbaev D.Z. - Peculiarities of control and inspection activities of municipal government in the Russian state during post-reform period (the case of Ufa province) pp. 1-7

DOI:
10.7256/2306-9945.2017.4.21628

Abstract: The research subject is the peculiarities of control and inspection activities of municipal government in the Russian state during post-reform period. The author studies the case of Ufa province. The paper contains the structure of local government bodies, which were in charge of control and inspection work, the list of their competences, the procedure of their formation and designation of officials. Special attention is given to the analysis of violations and abuses, which had taken place during inspections, and the mechanism of their elimination. The research methodology is based on general scientific methods: empirical method, analysis, inductive and deductive method, and specific scientific methods: formal-legal and concrete-historical method. The scientific novelty of the study consists in the author’s conclusion that the absence of task-oriented inspections of city dumas by central and provincial authorities proves that, firstly, the state considered them as independent bodies, and secondly, the system of state inspection activity wasn’t elaborated. 
Zatsepina E.M. - Legal regulation of self-regulatory microfinance institutions pp. 1-8

DOI:
10.7256/2306-9945.2017.1.22094

Abstract: The article considers the issues of legal regulation of self-regulation in the sphere of microfinance activities, its purpose, main functions and tasks. The author pays attention to the hierarchy of interrelations between self-regulatory institutions and microfinance institutions determining the specificity of normative regulation in this sphere. The author characterizes basic and internal standards adopted by self-regulatory institutions. The study reveals the main authorities of self-regulatory institutions mediated by public impact measures. The research methodology is based on general scientific methods (analysis, synthesis, comparison, classification, description, analogy, generalization, induction and deduction) and special methods (formal dogmatic, comparative-legal, system-structural, and the method of legal interpretation). The scientific novelty of the work consists in the complex study of the peculiarities of legal regulation of the activities of self-regulatory microfinance institutions, defines the purpose of self-regulation and its main functions. The author considers the peculiarities of local statutory acts in the sphere of microfinance, defines the status of basic and internal standards adopted by self-regulatory institutions. 
Zatsepina E.M. - Administrative regulation of the activities of microfinance organizations pp. 1-9

DOI:
10.7256/2306-9945.2017.2.22839

Abstract: The paper considers the problems of administrative regulation of the activities of microfinance organizations. Global changes in microfinancing, first of all, vesting the Bank of Russia with powers to regulate, control and supervise over the activities of microfinance and microcredit organizations, and with jurisdictional powers, and the introduction of the institution of self-regulation, prove the unquestionable necessity of administrative studies in this sphere. The author pays attention to the peculiarities of normative regulation of the activities of microfinance organizations and reveals the key powers of the Bank of Russia in the sphere of regulation of microfinance organizations. The research methodology is based on general scientific (analysis, synthesis, comparison, classification, description, analogy, generalization, induction, and deduction) and specific research methods (formal-dogmatic, comparative-legal, system-structural, and the method of legal interpretation). The scientific novelty of the study consists in the complex research of the peculiarities of administrative regulation of the activities of microfinance organizations. The author reveals the main approaches of law-enforcement practice and scientific works to the definition of the “microfinancing” concept, and considers the peculiarities of normative regulation in the sphere of microfinancing. 
Kalyuzhnyi Yu.N. - Legal problems of detection of common patterns of road safety provision in the Russian Federation pp. 9-16

DOI:
10.7256/2306-9945.2017.1.21008

Abstract: The research subject is the doctrinal provisions characterizing road safety provision patterns. The research object is the range of social relations in the sphere of road safety provision. Based on the analysis of statutory instruments and scientific works, the author studies the concept of road safety provision patterns, focuses on the legal aspects of their detection, and characterizes the essence of patterns, which is revealed on the base of repeated social practice. Special attention is given to distinguishing between the pattern concept and other legal categories. The research methodology is based on the set of general scientific and special methods of cognition (formal-legal, analytical, the method of system analysis, synthesis, modeling, comparison, etc.). The scientific novelty of the study consists in distinguishing the common patterns of road safety provision. The author concludes that the analysis of statutory instruments, scientific works, and legal relationship in the sphere of road safety provision helps detect particular legal problems of patterns distinguishing in this sphere. Inextricable connection between the state policy goals in the sphere of road safety provision and the development patterns of the system under study allows formulating the fundamental scientific provisions of the security theory, which significantly enrich the road safety provision methodology and form a solid base for prognosticating the further transformation of social relations in the considered sphere, the legal base improving and making strategical decisions in the sphere of road safety provision, aimed at the reduction of the number of road accidents and their consequences. 
Saidov Z.A. - Public-private partnerships in the regulation of Russia's economy pp. 12-29

DOI:
10.7256/2306-9945.2015.3.16193

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of economic safety. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of its safety provision. The article presents the author’s positions on the notion of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations safety. The author pays special attention to the methods of administrative-legal regulation of pubic-private partnerships in the economic sphere, reveals the peculiarities of these partnerships in the public sector of Russia's economy and offers the ways of their enhancement. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present, to provide law and order in the economic sphere, it is necessary to enhance forms and methods of administrative-legal public-private partnerships. The main contribution of the author lies in the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the research lies in the suggestions about the development of forms and methods of government regulation of the economy and the establishment of legal and organizational guarantees of legality in Russia's economy. 
Polukarov A.V. - Administrative and legal anti-corruption instruments of the non-public sector of social services pp. 14-27

DOI:
10.7256/2306-9945.2016.6.19772

Abstract: The research subject is the problem of application of administrative and legal anti-corruption instruments in the non-public sector of the social sphere and social services. The problem is conditioned by legal and organizational issues, typical for the process of implementation of anti-corruption legislation within the social relations system. The topicality of the problem is conditioned by the fact that anti-corruption issues are especially important in the social sphere, since it has an impact on the quality and expectancy of life. The author substantiates the necessity to improve the efficiency of application of administrative and legal anti-corruption instruments in the social sphere. Based on the research, the author suggests to improve anti-corruption mechanisms in the non-public regulation of the social sphere. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative and legal anti-corruption instruments in the social sphere. The author states the necessity to improve anti-corruption measures in the social sphere. 
Lapina M.A., Karpukhin D.V. - On the issue of use of the definitions “transparency” and “openness” in respect of the institution of public service in the Russian Federation pp. 17-33

DOI:
10.7256/2306-9945.2015.5.17507

Abstract: The research subject includes the current international and national regulatory instruments and international agreements containing the definitions “transparency” and “openness” in respect of private and public relations, including the institution of public service. At present, the category of “transparency” is embodied in many international agreements and national regulatory instruments, and is being actively developed on the scientific methodological level. But this category is not contained in fundamental regulatory instruments, regulating the institution of public service in the Russian Federation; it raises the question of the possibility to apply this category within the institution of public service. The research methodology is based on the recent achievements of epistemology. The authors apply general scientific and theoretical methods (dialectics, the comparative approach, the system analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The authors conclude that it is necessary to transfer the definition “transparency” from the scientific and methodological sphere to the formal legal one, i.e. it is necessary to legislate this definition in legal acts regulating the institution of public service in the Russian Federation. The authors carry out the comparative analysis of the categories “transparency” and “openness” in international agreements and regulatory instruments with a view to applying the category “transparency” in respect of the institute of public service in the Russian Federation. The authors propose the ways of legal confirmation of the term “transparency” in the current legislation regulating the institution of public service in the Russian Federation. 
Kolesnikov Yu.A., Butko Yu.B. - Classification of banks and banking sector segmentation: foreign and Russian experience of legal regulation pp. 18-28

DOI:
10.7256/2306-9945.2017.3.23395

Abstract: This article discusses the international experience in determining the concept of a bank. The authors give special attention to the classification of credit organizations in retrospective and international context, with a particular focus on the division of banks into investment and commercial institutions. The authors describe the existing worldwide trend of banking universalization. The authors analyze the admissibility of banking sector differentiation in connection with the realization of a multi-level banking system in the Russian Federation and the prospects and the influence of formalization of such distinction on law enforcement practice. The methodology of the research consists of general scientific methods of enquiry such as analysis, synthesis, analogy, induction, modelling, as well as the specific methods of legal science including the historical, comparative and prognostication methods. The scientific novelty of the research lies in determining the patterns of banking legal regulation development and the further assessment of a multi-level banking system feasibility. The main conclusion of the research consists in the admissibility of banking business differentiation in Russia, contrary to the prevailing opinion about the necessity of universalization.
Kananykina E.S. - Ways of formation a common European education zone in the legislations of Czech Republic, Slovakia, Macedonia and Greece. pp. 24-44

DOI:
10.7256/2306-9945.2013.5.683

Abstract: The modern education participates in the process of formation of the new global community, and it is situated at the very heart of the issues regarding personal development and various communities. The purpose of education is to provide everyone with no exceptions with an opportunity to express his talents and creative potential, presupposing that each person should have an opportunity to implement his personal plans. This is a dominant purpose for the formation of a new and more humane world. In order to achieve it, there is need to revise ethical and cultural aspects of education in order to guarantee everyone with the opportunities to understand other people in all of their specificities, to understand the world in its chaotic movement to unity.  The start of this process is related to the ability to understand oneself, to develop inner efforts based upon knowledge, thoughts, experience and reflexion. The article is devoted to the problem of development of education system in the European states in the conditions of changes in legislative fundamentals on school and higher education, as well as on formation of a common European education zone.
Zatsepina E.M. - Regulatory functions of the Bank of Russia in the sphere of microfinance activities pp. 29-35

DOI:
10.7256/2306-9945.2017.3.22197

Abstract: The author studies the main regulatory functions of the Bank of Russia in the sphere of microfinance activities. The structural reform of microfinancing in Russia, which had consisted in the introduction of the institution of self-regulation in July 2016, actualized the issues of differentiation of regulatory functions of public authorities and organizations. The author characterizes the jurisdictional functions of the Bank of Russia in the sphere of microfinancing. Significant attention is given to the regulatory functions. The author defines the correlation between the concept of “control” and “supervision”. The research methodology is based on general scientific (analysis, synthesis, classification, description) and specific methods of cognition (formal-dogmatic, system-structural, and the method of legal interpretation). The scientific novelty of the study is determined by the amendments to the Federal law of 2 July 2010 “On microfinance activities and microfinance organizations”, particularly by the introduction of the institution of self-regulation in the sphere of microfinancing and endowing them with some functions of the Bank of Russian in the sphere of regulation of microcredit and microfinance organizations. 
Agamagomedova S.A. - The object of customs control: notion and administrative and legal characteristic pp. 39-48

DOI:
10.7256/2306-9945.2016.6.20428

Abstract: The research object is the notion of the object of customs control as a function of customs bodies. The author analyzes the legislative provisions and scientific views on of the object of customs control. The study of the evolution of the “object of customs control” category in the Soviet and Russian customs legislation is of a particular importance. The object of customs control is considered as an element of the customs control system and as a subsystem with two levels. The first level is reflected in the activities of subjects under control, the second level is reflected in goods, documents and information. The author applies special scientific methods, including the comparative-legal and the formal-legal ones. The author concludes that the object of customs control as a subsystem, lying beyond the customs bodies system, defines the vector of control and supervision functions of customs bodies; the object of customs control is the compulsory element of the customs control system in general; the author presents two levels of customs control: the activities of the subject under control and the goods, documents, information and persons. 
Karpukhin D.V. - Legal fictions in the Administrative Procedure Rules of the Russian Federation pp. 49-57

DOI:
10.7256/2306-9945.2016.6.20596

Abstract: The research subject is the current provisions of the Administrative Procedure Rules of the Russian Federation, establishing legal fictions – the deliberately formulated incontestable assertions that may not correspond to the facts and are contained in imperative regulations for the purpose of the achievement or avoidance of particular legal consequences. The specific legal peculiarity of administrative procedural fictions is their relative, alternative character, consisting in the possibility of judicial discretion – admission or non-admission of legal consequences, conditioned by the actual or accomplished legal fact in the formulated normative models of fictions. The considered administrative procedural fictions are not the fundamental novels of Russian legislation, since they are borrowed from arbitration procedural legislation and civil procedural legislation. The research methodology is based on the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical and interpretative methods, used for the analysis of the particular content of legal regulations); the comparative method, used for the comparison on general legal categories. The author concludes that administrative and procedural fictions have particular features, reflected in judicial discretion, which can be expressed in the admission or non-admission of legal consequences, conditioned by the legal fact, mentioned in the administrative and procedural fiction. But the very judicial discretion contains the potential danger of negative legal consequences, caused by a subjective judges’ mistake. The author studies the correlation of two general legal categories of “legal risks” and “legal fictions” in the context of administrative-procedural relations. The author notes the close interrelation between these definitions, which is reflected in the process of normative modeling of legal directions, regulating administrative process. The novelty of the work consists in the consideration of the problem of legal fictions, formulated in the Administrative Procedure Rules of the Russian Federation, which came into force in 2015, and the study of their specific peculiarities. 
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