NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative enforcement"
Administrative enforcement
Borisov S.V., Ul'yanov M.V., Lipatova Zh.N. - Administrative-legal prevention of crimes of extremist character and the role of public prosecutor’s office pp. 1-15

DOI:
10.7256/2306-9945.2014.5.13568

Abstract: The article is devoted to the problems of administrative-legal prevention of crimes of extremist character, as they are provided in chapter 20 article 20.28 of Code of Administrative Offences of the Russian Federation (Organization of Activity of a Non-government or Religious Association in Whose Respect a Decision Has Been Taken to Suspend Its Activity), 20.29 (Mass dissemination of extremists materials included into a published official list of extremist materials, as well as their production or keeping for the purpose of mass dissemination), and others, and the prosecutor’s powers realization in the procedures of cases about administrative delinquencies in the sphere of extremist activity prevention.The author uses the general scientific dialectic method and the system approach to social legal problems study. The author offers the abrogation from chapter 13 of the Federal Law “On Combating Extremist Activity” of the part, containing the possibility of consideration of cases concerning the decision about the extremist character of the materials during administrative proceedings, since the administrative responsibility is imposed for the dissemination of extremist materials, which had already been included in the federal list, and it makes it impossible to decide about the extremist character of the materials during administrative proceedings. 
Vinokurov A.Yu. - The peculiarities of legal regulation of the participation of a prosecutor in administrative prosecution of persons with special legal status in the Republic of Kazakhstan pp. 8-16

DOI:
10.7256/2306-9945.2016.5.20320

Abstract: The research subject is the specificity of legal regulation of application of administrative and jurisdictional measures against persons with special legal status, and the role of a prosecutor in these procedures, in the Republic of Kazakhstan. The author emphasizes the fact that, unlike the Russian legislation, containing special legislative acts for persons with special legal status, in the Republic of Kazakhstan only one codified legislative instrument regulates these issues. The author applies the comparative method and compares the particular provisions of the legislation of the Republic of Kazakhstan with the corresponding provisions of Russian legislation. This study is the first study in Russia, devoted to the mechanism of application of administrative and jurisdictional procedures to persons with special legal status in the context of the participation of a prosecutor in the Republic of Kazakhstan. The author suggests to adopt the positive experience of Kazakhstan in Russian legislation. 
Sidorov E.T. - Problems of use of combat and special purpose equipment by the units of the Ministry of Internal Affairs of the Russian Federation in counterterrorism operations pp. 17-28

DOI:
10.7256/2306-9945.2017.1.21653

Abstract: The research subject includes the concept of administrative coercion in the context of a counterterrorism operation in respect of application of weapons and special equipment; compliance of the real capabilities of the participants of a counterterrorism operation with the practical demands; the requirements to combat and special purpose equipment used in antiterrorist activities. The research object consists of the patterns, being revealed during the development of the legal base for the production and application of combat and special purpose equipment by the units of internal affairs bodies and other federal executive bodies in the context of counterterrorism. The research methods include the method of comparative jurisprudence used for the estimation of the compliance of the capabilities of special purpose equipment with the modern demands. The scientific novelty of the study consists in the analysis of the conceptual framework, the proposals about the improvement of the legal framework of combat and special purpose equipment application, and the special requirements to combat and special purpose equipment. The author comes to the following conclusions: it is necessary to unify the legislation, to eliminate the existing contradictions between statutory instruments, and to form a unified conceptual framework. 
Lapina M.A., Truntsevskii Yu.V., Karpukhin D.V. - Administrative issue preclusion as a way of decriminalization of criminal offences and distinction between criminal offences and administrative offences pp. 24-56

DOI:
10.7256/2306-9945.2015.2.15899

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical  methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude 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 authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative-tortious legislation.
Kostyuchenko K.L., Korkin A.V. - Cybernetic approach to use of firearms by police officers pp. 25-34

DOI:
10.7256/2306-9945.2017.4.23321

Abstract: The research subject is legal and organizational problems of preparation of police officers to the situations involving use of firearms as one of the forms of administrative coercion. Solutions to such problems lie within the improvement and conjunction of particular aspects of professional training (weapons training, legal training, tactical training, physical training, psychological training, etc.). A conceptually new way to solve these problems is the cybernetic approach based on three fundamental aspects of cybernetics: information, management and organizational. The research methodology is based on such general philosophical methods as observation and modeling, and the method of comparative analysis and the system method. The author considers a cybernetic system, in which the mechanism of decision-making over the issue of use of firearms by a police officer (management object) is a component of the system of official activities and professional training of a police officer (management cycle). The author concludes that all the elements of the system of police officers training for use of firearms should be aimed at the final result – effective and legal use of firearms. To achieve this result, the author offers particular procedures corresponding with fundamental aspects of cybernetics: observation of certain information background during training (situational targets, environment, light, sounds, etc.); appropriate reflection of all elements of the training system in official documents, optimal target setting in the training process.
Musatkina A.A. - On the issue of the institution of administrative responsibility pp. 30-43

DOI:
10.7256/2306-9945.2015.3.15959

Abstract: The object of the research is the range of social relations in the sphere of functioning of administrative responsibility and the adjacent institutions of measures of protection and security. The subject of the research is the set of norms legitimating the institution of administrative responsibility and the adjacent legal institutions. The author studies the structure of the institution of administrative responsibility, defines its legal nature, distinguishes it from the adjacent legal institutions. The author substantiates the recommendations aimed at the enhancement of legislation and the practice of its application; proves the hierarchical character of the institution of administrative responsibility. The author uses the dialectical, the comparative-legal, the formal-logical methods, the philosophical categories of separate, general and particular, and the laws of transformation of quantitative into qualitative changes, negation of negation and others. The author explains that such types of administrative punishment as suspension of activity are according to their legal nature closer to the measures of administrative protection rather than to the measures of legal responsibility. The paper proves that according to its structure the institution of administrative responsibility in its appearance is similar to the institution of criminal responsibility. It is conditioned by genetic links and the links of coordination and subordination. 
Badulin A.D. - Institution of administrative responsibility and its implementation in the sphere of production and turnover of alcohol and alcohol-containing products. pp. 49-70

DOI:
10.7256/2306-9945.2013.4.8830

Abstract: The institution of administrative responsibility plays an important role in the guarantees of legal order in the sphere of alcohol. According to the official data the more and more juveniles and women are attracted to drinking alcoholic drinks, which is alarming, since is provides for a greater risk of alcohol-related illnesses and the greater degree of negative influence of alcohol upon the upcoming generations. The administrative responsibility in the sphere of production and turnover of alcohol and alcohol-containing products is an administrative coercive measure, which is applied when administrative offences are committed.  Currently a lot of fruitful work was done in the sphere of studies of this important legal category, while there are still many topical issues regarding the nature of material responsibility of the military officers in this sphere.  Administrative responsibility for violation of legislation in the sphere of alcohol is implemented in administrative procedural order via application of sanctions according to the Special Part of the Administrative Offences Code of the Russian Federation as well as the prescriptions of the constituent subjects of the Russian Federation on administrative offences.
Lapina M.A. - Optimal legal methods which provide the harmonization of the system of legal sanctions of administrative and criminal legislation pp. 57-71

DOI:
10.7256/2306-9945.2015.2.15900

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the definition of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. 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 author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation. dy, is that at the present time to ensure law and order in the housekeeper needs to improve forms and methods of administrative-legal influence on state and non-state sector of the Russian economy. The author concludes about the necessity of reducing the number of types of sanctions, of an increased incentive and in criminal and administrative-tort legislation.
Uporov I.V. - Public order protection by the provisions of administrative law: legislation of the Russian Empire deserves more attention pp. 79-88

DOI:
10.7256/2306-9945.2014.6.14179

Abstract: The article discusses the problem of insufficient use of the experience of the legislation of the Russian Empire by a modern Russian legislator in the sphere of public order protection by the provisions of administrative law. In this context the author analyzes the Charter of the penalties imposed by magistrates of 1864 and compares it with the current Code of Administrative Offences. The study identifies a number of norms of the Charter which should be used in relation to the existing administrative law. This applies to the inclusion in the Code of Administrative Offences of such compositions as a violation of order in public meetings, obscene actions, begging with insolence and rudeness, use of children for begging, and others. In this context the author states, inter alia, that the formula of disorderly conduct contained in Art. 20.1 of the Administrative Code is too general, outdated, and needs to be clarified. The author comes to the conclusion about the need for a better use of the legislative experience of the Russian Empire in the protection of public order by the provisions of administrative law.
Lapina M.A. - Regulation of jurisdictional activity of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions pp. 109-128

DOI:
10.7256/2306-9945.2015.4.16508

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of financial control. The author carries out theoretical and legal analysis of the federal legislation which characterizes jurisdictional authorities of control and account bodies of external public audit (control); the elements of this legislation don't conform to each other from the viewpoint of application of budget measures of coercion and the possibility to reveal, prevent and impose administrative liability for administrative offences in the public finance sphere. The opportunity from July 2013 to apply fiscal measures of coercion, to draw up a Protocol of administrative violation and to pass it to special departments of Executive authorities or courts, does not provide the full special administrative-jurisdictional status of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions. The article substantiates the need to improve federal legislation in order to achieve harmonization of coercive measures in the public sector and the authorities of external public audit bodies contained in the Budget Code of the Russian Federation and the Code of administrative offences. The methodological basis comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.).The author concludes that at present it is necessary to amend the legislation on control and account bodies with such principles of activity as planning and efficiency, responsibility, coordination of actions with other bodies of financial control, officials' competency and information transparancy. The article presents the author's position on the increase of the period of limitation for administrative liability imposition in the sphere of public finance. The author comes to the conclusion about the necessity to provide control and account bodies with the right to consider administrative cases in budget sphere. 
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