NB: Administrative Law and Administration Practice - rubric Liability in administrative and municipal law
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Liability in administrative and municipal law"
Liability in administrative and municipal law
Neganova E.N. - Directions of law-making in the sphere of administrative liability for the breach of the social constitutional right to housing pp. 1-6

DOI:
10.7256/2306-9945.2017.3.22997

Abstract: The research subject is the range of norms of housing law, contained in the Administrative Offences Code of the Russian Federation, aimed at the protection of citizens’ rights against bureaucratic arbitrariness in the sphere of the social constitutional right to housing. The author states that the current compositions of administrative offences on the federal level don’t guarantee proper protection of the realization of the social constitutional right to housing. This fact speaks for the insufficiency of housing law with regard to the necessary administrative sanctions. However, the provisions of the Administrative Offences Code, containing the description of the compositions of administrative offences in the sphere of housing law, are disorganized and chaotic. The author formulates scientific conclusions based on the collection, generalization and analysis of judicial decisions of the courts of different levels and the materials of prosecutor’s practice contained in the reports, newsletters and information letters of the prosecutors of the Russian Federation and other levels for 2005 – 2016. The author also uses the comparative-legal method to analyze the provisions of administrative and housing law. In order to eliminate the legislative gaps in housing law, it is necessary to formalize the right to improved housing and the registration of those needing housing, thus guaranteeing citizens’ constitutional rights to housing. The administrative offences compositions system in the sphere of the right to housing, contained in the Administrative Offences Code of the Russian Federation, should be structured in accordance with the general fundamentals of law and constitutional law. 
Sevostyanova E.V. - Relief from Administrative Responsibility for Failure to Declare or False Declaration of Goods: Implementation Issues in Eurasian Economic Union Business Environment pp. 1-10

DOI:
10.7256/2306-9945.2017.5.25020

Abstract: The subject of this research is the problems of implementing the institution of relief from administrative responsibility for failure to declare or false declaration of goods in Eurasian Economic Union business environment. The author of the article carries out a detailed analysis of tax and administrative laws as well as law-enforcement practice in ensuring adequacy and objectivity of amnesty granting conditions for faithful participants of tax relations. The author of the article analyses the legal bases to introduce supplementary grounds for relieving from administrative responsibility in case of voluntary elimination of consequences of failure to declare or submission of false information about goods before release of goods. The methodology and methods of research include dialectic materialistic approach and a set of general and special research methods that are based on that approach. These methods have been defined by certain goals and tasks of the research including but not limited to structured system analysis, logical method, generalisation, legalistic method, content analysis, etc. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the author carries out an integral analysis of the legal grounds for relieving from administrative responsibility for failure to declare or false declaratino of goods in both Customs Union and Eurasian Economic Union business environments and offers to introduce supplementary grounds for granting amnesty to a faithful participant of tax relations from administrative responsibility for failure to declare or false declaration of goods. 
Bobrova A.V. - On the Single Nature of Resonsibility of Customs Authorities and Participants of Foreign Economic Activity pp. 9-24

DOI:
10.7256/2306-9945.2018.2.26538

Abstract: The subject of the research is the responsibility of customs authorities and their officials, namely the types of offenses and the form of punishments for their commission, on the basis of which direct accountability of customs officials from foreign economic activity participants is possible, as well as indirect prosecution to disciplinary responsibility through higher-ranking officials persons of customs authorities. The aim of the research can be considered the equalization of rights and obligations of all parties to relations in customs, as well as identifying common signs of disciplinary, administrative and criminal liability of customs authorities. The methodological basis of the research consists of principles and methods of systematization and unification of the system of punishments for customs authorities and their officials,as well as the method of comparative analysis of the disciplinary, administrative and criminal responsibility of customs officials. The elements of novelty are proposals for the legal equality of customs officials and participants in foreign economic activity and ways to ensure this equality, as well as the regulation of compensation for damage caused by a government employee to a participant in foreign economic activity. The result of the study can be considered proposals for the creation of a unified system of punishments for customs officials with unified rules of pre-trial settlement and prosecution.
Sidorov E.T., Tarasov A.Y. - Some Issues of the Legal Institution of Relief from Administrative Responsibility pp. 11-21

DOI:
10.7256/2306-9945.2017.5.25469

Abstract: The authors of this article examine problems that may arise in the process of relief from administrative responsibility. The subject of the research is the legal rules that regulate the order and procedure for relieving an entity from administrative responsibility as a result of an insignificance of an administrative offense. The object of the research is the legal relations arising between law-enforcement authorities and entities that are held liable for administrative offenses. The authors analyze Articles 2.9, 6.8 and 6.9 of The Code of the Russian Federation on Administrative Offenses. The authors of the article emphasize the need to improve administrative laws in order to clarify grounds and rules for implementing the institution of relief from administrative responsibility. The authors also make suggestions regarding what should be changed in Articles 6.8 and 6.9 of The Code of the Russian Federation on Administrative Offenses. The methodological basis of the research implies dialectical method, fundamental research concepts, and philosophy that provides a general method of studying the reality. In the course of their research the authors have also applied such methods as historical, legal law, sociological, statistical analysis methods. The main conclusions of the research are the following. Firstly, to observe the principles of legality and expediency when appealing to Article 2.9 of The Code of the Russian Federation on Administrative Offenses, the authors suggest to make significant changes to the aforesaid article in order to clarify definitions and criteria to qualify an administrative offense as insignificant. Secondly, the authors prove the need to change Articles 6.8 and 6.9 of The Code of the Russian Federation on Administrative Offenses. 
Moshkina N.A., Ovsyannikov S.A. - The Problems of Implementation of Administrative Law on Punishment for the Violation of Public Order pp. 16-22

DOI:
10.7256/2306-9945.2018.6.25065

Abstract: The subject of the research is the provisions of the administrative law that regulates responsibility for public order offences. The authors of the article focus on the analysis of the regional legislation in this sphere as well as the problems that may arise in the process of this law enforcement. The authors note that the regulatory effect of the Russian Federation constituents o this sphere of social relations have been reduced lately, thus they emphasize the need to reform the regional legislation in part where it sets responsibility for public order and social security offences. The methodological basis of the research includes general research methods such as dialectical method, analysis and synthesis. The authors have also applied the comparative law method that helps analyze federal and regional administrative legislation. The novelty of this research is caused by the fact that the authors study problems that may arise in the process of enforcing administrative responsibility for the violation of the public order in the Russian Federation and Russian Federation constituents. As a result of the research, the authors make a conclusion about the need to improve the regional legislation and suggest areas for improving the legal regulation of administrative responsibility for the violation of public order at the regional level. 
Karavaev A.O., Zabaykalov A. - On particular aspects of an Internet Service Provider’s responsibility for copyright infringement on the Internet pp. 17-25

DOI:
10.7256/2306-9945.2016.5.19787

Abstract: The article considers the topical aspects of a provider’s responsibility for copyright infringement on the Internet. The authors study the particular gaps and inconsistences in the legal regulation of this sphere. Particularly, the authors note the shortcomings of the normative conceptual framework typical for anti-counterfeiting legislation. The authors analyze the approaches to this problem, applied in foreign countries and in Russia, substantiate and formulate the suggestions about the improvement of the current Russian legislation. The research methodology is based on the traditional principles and methods of jurisprudence: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that the constant resource locking, prescribed by the Federal Law of 2 July 2013 No 187 “On amending particular statutory instruments of the Russian Federation on the issues of copyright protection in information and telecommunication networks”, contradicts the basic principles of civil law. It is particularly important in the context of the absence of real mechanisms of interlock bypass prevention. Besides, the authors give attention to the problems of legal regulation of an “information intermediary” status. 
Bylinin I.A. - To the question of administrative legal regulation of carsharing and implementation of the federal state monitoring in the area of ensuring road traffic safety to the parties involved pp. 17-27

DOI:
10.7256/2306-9945.2020.3.33883

Abstract: The subject of this research is the normative legal acts that regulating responsibility for failure to comply with statutory requirements on ensuring road traffic safety in the context of short-term car rentals, law enforcement practice, statistical analysis of traffic accidents involving the vehicles provided by carsharing companies, as well as terms for their provision. The object of this research is the social relations emerging in the context of short-term car rentals owned by legal entities and individual entrepreneurs. The goal of this work consist in the attempt to improve the administrative legislation on bringing to responsibility legal entities and individual entrepreneurs who provide short-term rental services to citizens. The scientific novelty lies in legal regulation of the definition of “carsharing” on the level of federal legislation, as well as in amendments to the terms of the contract that would eliminate inconsistency of case law with regards to civil law relations and bringing to administrative responsibility of the persons who fail to comply with statutory requirements on ensuring road traffic safety. The proposed by the author concept of “carsharing” would allow imposition of obligations upon the leaseholders on compliance with road traffic safety requirements placed on the legal entities and individual entrepreneurs while operating a vehicle in accordance with the Federal Law No. 196-FZ of 12.10.1995 "On Road Traffic Safety".
Lipinsky D.A., Musatkina A.A. - Goals and functions of administrative punishments pp. 20-37

DOI:
10.7256/2306-9945.2017.2.22440

Abstract: The research object covers the goals and functions of administrative punishments; the research subject is the range of administrative norms predetermining the functioning of the administrative punishments institution. Along with the functions, traditional for administrative punishments, which are the punitive and the preventive ones, the authors give special attention to the regulative and the reconstructive functions. The authors note the close connection between the goals and functions of administrative punishments and the tasks of the legislation on administrative offences, and study the peculiarities of realization of each of the functions of administrative punishment. Within particular functions, the authors outline sub-functions, which reflect particular aspects of realization of the particular function. The authors apply functional and teleological methods, and comparative-legal and formal-legal methods. The basic research method is the dialectical method. Some conclusions and provisions are based on the methods of deduction and induction, analysis and synthesis, and the philosophical principle of transition from quantity to quality and the unity and struggle of opposites. The authors come to the following conclusions: Administrative punishments have the following goals: regulation of social relations; punishing an administrative offender; prevention of administrative offences and crimes; restoration of social relations; correction of the offender. The authors formulate the new version of the article 1.2 of the Administrative Offences Code “Tasks of the legislation of the Russian Federation on administrative offences”: The tasks of the legislation on administrative offences include: protection of a personality, and human and civil rights and freedoms; protection of citizens’ health and sanitary and epidemiological welfare of the population; protection of public morality, environment, the established public order and public safety and property; protection of legal economic interests of persons and legal entities, the society and the state against administrative offences, and prevention of administrative offences”. Functions of administrative punishment are the directions of its impact on social relations and legal consciousness of subjects, which reveal its social purpose and achieve its goals. A regulative function of administrative punishment is the direction of administrative impact, which consists in ordering behavior of the subjects of administrative responsibility both prior to and after the administrative offence, and the use of measures of administrative punishment by authorized bodies. A preventive function of administrative punishment is a direction of legal impact, which consists in the prevention of an administrative offence or a crime described in the Criminal Code. A reconstructive function of administrative punishment is legal impact on the breached social relations for the purpose of their ordering, reconstruction, and restoration of social justice and order. A punitive function is the imposition of personal, property, organizational, psychological or other restrictions on the offender. 
Sidorov E.T. - Problems of Qualification of an Administrative Offense Provided by part 1 of Article 20.20. of the Code of the Russian Federation on Administrative Offenses pp. 23-32

DOI:
10.7256/2306-9945.2023.3.39626

EDN: XCFOLK

Abstract: The object of the study is the public relations arising between a police officer and a person brought to administrative responsibility for committing an administrative offense provided for in part 1 of Article 20.20 of the Code of Administrative Offenses of the Russian Federation. The subject of the study was the legal norms contained in Part 1 of Article 20.20 of the Code of Administrative Offences of the Russian Federation. The proposed article analyzes the composition of an administrative offense provided for in part 1 of Article 20.20. of the Code of the Russian Federation on Administrative Offenses and law enforcement practice in cases of this category. The purpose of the work was to formulate, based on the analysis of theoretical provisions and law enforcement practice, proposals and recommendations for improving police activities in the qualification of an administrative offense provided for in part 1 of Article 20.20 of the Code of Administrative Offenses of the Russian Federation.
Kabanov P.A. - The qualification requirements to the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions. pp. 25-33

DOI:
10.7256/2306-9945.2013.3.657

Abstract: The article formulates general and specific qualification requirements to the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions on professional competence disputes. Among such criteria the author singles out professional education of the relevant level, relevant position in educational or scientific research institution, working experience in state (municipal) service, impeccable reputation. The author also offers classification of the members of the Commissions on compliance with the requirements to service behavior of state (municipal) servants and conflict of interests regulation for those not holding state (municipal) service positions depending on legislative prescriptions on municipal (state) service - into those who are obligated to be included into such commissions, and those who may be included into such commission upon discretion of the head of the state or municipal body.
Kurakin A.V., Badulin A.D., Tregubova E.V. - Administrative Responsibility for Violations on the Alcohol Market and the Role of Police in Legal Enforcement of Administrative Responsibility pp. 28-74

DOI:
10.7256/2306-9945.2013.10.1015

Abstract: It should be said that administrative responsiblity for violating the rules of production and turnover of ethyl alcohol, alcohol and alcohol-containing products makes an important contribution to reinforcement of legal order in this sphere. Administrative responsibility under review allows to make a differentiated influence on violators in the sphere of production and turnover of ethyl alcohol, alcohol and alcohol-containing products, in particular, physical, official and legal entities. Moreover, this form of legal responsibility allows the governmet to prevent and eliminate any crime which can be commited on the alcohol market. Therefore, enforcement of administrative responsibility for violating the rules of production an turnover of ethyl alcohol, alcohol and alcohol-containing products plays an important role in the development of a civilized market of alcohol production and prevents from excessive use of alcohol by the Russian population. 
Fofanov A.N. - State Defence Order as an Object of Administrative Protection pp. 32-37

DOI:
10.7256/2306-9945.2018.5.24489

Abstract: The researcher describes the nature of state defence order that is performed for the purposes of national defence and security. Article 14.55 of the Administrative Offenses Code of the Russian Federation establishes the legal and adminitrative protection of state defence order. The researcher describes four kinds of administrative breach of state defence contract terms or terms of the contract that has been concluded for the purpose of performance of state defence order as well as relevant administrative sanctions. The researcher also analyzes legal precedents of applying Article 14.55 of the Administrative Offences Code of the Russian Federation. The methodological basis of the research includes the following methods: general research methods, multiple survey, systems analysis, and formal law method. The main conclusions of the research are the following: 1. In the Russian Federation, the shift from centralised methods of state mangement to decentralised contract-based market methods creates a number of new risks caused by improper performance of state defence order obligations. This circumstance creates the need to impose administrative responsibility for the breach of the state defence order terms or the terms of the contract that has been concluded for the purpose of performance of state defence order. 2. There have been many precedents of bringing to responsibility based on Article 14.55 of the Administrative Offences Code of the Russian Federation. 3. The need in administrative protection of state defence order is explained by the need in national defence and security. 
Gunba A.A. - Regarding Extension of Terms of Bringing to Administrative Responsibility for Violation of the Contract System Law pp. 33-40

DOI:
10.7256/2306-9945.2019.1.29085

Abstract: The aim of this research is to analyze existing laws and regulations applicable as the means of regulation of the contract system as well as experience in bringing customers to administrative responsibility for violations in the sphere of state and municipal procurement as well as development of recommendations on how to implement the aforesaid mechanism and to improve it. The object of the research is not only administrative responsiblity for committed violations in the sphere of procurement but the entire contract system as an organic whole where administrative responsibility is just one of the sides. To avoid incorrect interpretation of the law and administrative sanctions the research implies the use of such instruments as deduction, i.e. from theoretical provisions and practice in the sphere of procurement in general to particular terms of administrative responsibility. As a result of the research, the author discovers that the current legal basis that regulates the process of bringing to responsibility for violations in the sphere of state and municipal procurement is far from being perfect and quite often does not take into account the causes of such violations.  
Mamatov M.V., Maslov I.A. - Administrative responsibility for the violation of the procedure of consideration of citizens’ appeals pp. 35-49

DOI:
10.7256/2306-9945.2017.4.23325

Abstract: The authors study the issues of legal regulation and implementation of the provisions of article 5.59 of the Administrative Offences Code of the Russian Federation containing administrative responsibility for the violation of the procedure of consideration of citizens’ appeals. The paper analyzes provisions of legislation, organizational and information and guidance documents of Russian prosecution agencies, statistical data and judicial practice. The authors study and assess various viewpoints on the issues of the sphere under consideration including the subjects of such violation, appropriate qualification, etc. The study is based on general scientific dialectical method of cognition and the related scientific methods, structural and functional analysis, logical, legal, statistical methods and the method of legal modeling. The paper presents the results of the analysis of law-enforcement practice of realization of administrative responsibility for the violations contained in article 5.59 of the Administrative Offences Code of the Russian Federation, which reflect the current situation in the sphere under consideration. The authors study statistical data of the key authorities involved in this sphere of relations. The authors conclude that the range of detected problems can be solved by means of law enforcement practice, and some of them need to be regulated. 
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. - Causes and conditions of administrative offences pp. 44-62

DOI:
10.7256/2306-9945.2015.3.15876

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of establishing the causes and conditions of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation establishing the causes and conditions of administrative offences. The article presents the authors' position on the notion of administrative-legal prevention of offences and establishment of personal and professional qualities of the subject of an administrative offence. The main attention is paid to the development of methods and methodology of administrative-legal regulation of establishment of the causes and conditions of administrative offences. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article considers the authors' positions concerning the interpretation and legal regulation of these categories. 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 logic), as well as the methods used in the concrete sociological research (statistical, expert evaluations, etc.).The authors conclude that to provide law and order in the sphere of administrative law it is necessary to improve the forms and methods of establishment of the causes and conditions of administrative offences. The main contribution of the authors is the conclusion about the necessity to develop administrative regulations of identification of potential subjects of administrative offences. The novelty of the article lies in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity, and the creation of legal and institutional guarantees of legality in our country.
Motin V.V., Trofimov O.E. - Problems of security guarantees in water transportation. pp. 51-65

DOI:
10.7256/2306-9945.2013.12.1087

Abstract: The article concerns the problems of transportation security guarantees in water transportation in the conditions of active involvement of the Siberian rivers into the economic activities. The authors  offers the ways to improve the legal regulation of transporation infrastructure functioning. The water economic complex in the Russian Federation is one of the largest in the world. Based upon the historical experience, one may state that more active use of transportation capabilities of waterways in the Siberian regions may serve as a catalyst for the further economic development of the Russian Federation. Some experts consider that in the second half of the XXI century the global struggle shall be for the water resources.  Obligatory compliance for the environmental requirements to preservation of biological resources in Russia is especially topical at all of the stages of economic activities. Taking into consideration the role and perspectives of development of transportation infrastructure in the Russian economy, there is need to unify the documents regulating the relations in the sphere of transportation into a single document - the Transportation Code.
Gluzdak G.N., Likhomanova Y.Y., Bulgakova L.S. - Perspectives and Ways of Developing Alternative Methods for Calculating Administrative Fines pp. 62-71

DOI:
10.7256/2306-9945.2022.4.39111

EDN: EGOHJF

Abstract: The research focuses on methods of calculating administrative fines, which could be considered as an alternative to the existing ones. The aim of the work is to propose such methods, as well as to identify prospects and ways of their development. The study examines the problem of the appropriateness of calculating administrative fines in hard money, which is particularly relevant in the context of insufficient effectiveness of this type of administrative punishment. The authors analyze changes in the domestic legislation on administrative offences, and also refer to the comparative legal method, comparing the methods of calculating fines in the Russian Federation and in other states: Belarus, Kazakhstan, Finland. The authors conclude that significant money fines are not sufficiently effective. The novelty of the study lies in the proposal of alternative methods for calculating the administrative fine: the determination of the amount of the monetary penalty in relation to the minimum wage, the base value or the calculation indicator, the income of the offender. Special attention is paid to the consideration of alternative ways of calculating administrative fines for traffic offences: The establishment of a relationship between administrative penalties and the cost of the vehicle or the capacity of its engine and the introduction of a penalty point system are proposed. The results of the study can be used to improve the legislation of the Russian Federation on administrative offences.
Lipinsky D.A. - Functions of administrative responsibility pp. 63-93

DOI:
10.7256/2306-9945.2015.3.15975

Abstract: The subject of the research is the range of norms of administrative law which regulate the punitive, regulative, preventive and other spheres of action of administrative responsibility. The object of the research is the range of social relations in the sphere of administrative-legal regulation. The author substantiates the punitive, preventive, restorative and educational functions of administrative responsibility. He studies the structure of functions of legal responsibility in terms of its broad understanding, including the positive and negative aspects of realization. The paper notes the shortcomings of the Code of Administrative Offences and offers recommendations aimed at the enhancement of the existing legislation. The author uses the dialectical method, the comparative-legal method, the formal-legal method and the structural-functional analysis. The author comes to the following conclusions: 1. The Code of Administrative Offences if characterized by the “continuity” of the shortcomings of the expired Code of Administrative Offences of the RSFSR.  It contains the doubling of compositions of tax offences and at the same time not all administrative offences have been included in the Code of Administrative Offences of the Russian Federation; the Code provides the following forms of administrative punishment: warning, administrative fine, confiscation of a crime instrument or a subject of administrative offence, deprivation of a special right, administrative arrest. Administrative banishment from the Russian Federation and onerous confiscation of a crime instrument in their legal nature are not the measures of administrative punishment. They are the measures of protection. Additional measures of protection are banishment from the Russian Federation, onerous confiscation of a crime instrument, applied simultaneously with the measures of administrative punishment, are aimed at strengthening of restorative effect of administrative responsibility if ordinary measures are not enough. 2. Liquidation of a legal person, suspension of a license, nullification of a license, prohibition of certain forms of activity are effective ways of private prevention of administrative offences since they exclude the subject from a definite sphere of social relations and deprive it of an actual and legal opportunity to commit a similar offence, but they should be contained in a single systematized normative-legal act – the Code of Administrative Offences of the Russian Federation, the more so because the legislator has chosen this way of administrative responsibility imposition. 3. Administrative disqualification, deprivation of a special right, suspension of a license, annulation of a license, confiscation of a crime instrument exclude an actual or legal opportunity to commit an administrative offence in definite spheres of social relations and thus further their normalization and restoration; the prevalence of fines in administrative sanctions indicates that the state considers a fine not only as the means of punishment and prevention but also as the means of budget replenishment and compensation of losses incurred by the state in the result of the committed crime. Each administrative offence damages not only the aggrieved party but the state in whole, and the fine is one of the ways of compensation of the damage. 
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. - Classification of administrative and preventive measures pp. 72-88

DOI:
10.7256/2306-9945.2015.2.15847

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of prevention of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The paper presents the authors' positions towards the notion of administrative and legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative and legal regulation of prevention of offences. In addition, the article presents the theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative legal regulation. The article provides the authors' 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.)On the base of the research the authors conclude that at present in order to develop the rule of law in the sphere of activity of administrative legislation it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors lies in the statement about the need to develop administrative-legal regulation of prevention of administrative offenses. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activities, and the creation of legal and institutional guarantees of legality in Russia.
Kostennikov M.V., Kurakin A.V. - Concerning the Grounds of Administrative Responsibility in the Russian Legislation pp. 75-88

DOI:
10.7256/2306-9945.2013.10.1015

Abstract: The article is devoted to the grounds of administrative responsibility and describes peculiarities and features of administrative offence. The authors of the article conclude that the  definition of administrative offece as it is provided by the Administrative Offences Code of the Russian Federation should also inclue social security as a feature. The authors outline general features typical for all administrative offences and distinguishing administrative offences from legal behavior and other violations of law. It is noted that a classical definition of guilt cannot apply to a legal entity. It is said that a socially dangeous act prohibited by the law is recognized as an administrative offence only if commitment of such an act implies administrative responsibility. The authors also consider the difference between administrative offences from other violations of law according to legal features: the main material feature, illegal nature of the act and penalties for law violator. It is stressed out that administrative offence means violation of rules of general effect (violation of discipline).  The authors also describe the difference between civil law delicts and adminitrative offences and offer a clear definition of administrative offence. 
Moskvina Y.V. - Material Damage Resulting From a Traffic Accident as a Circumstance Aggravating Administrative Responsibility pp. 81-90

DOI:
10.7256/2306-9945.2013.2.597

Abstract: The article outlines the problem of efficiency of administrative law sanctions in the sphere of traffic safety. The Administrative Offence Code of the Russian Federation does not provide for the opportunity of an official who reviews the case of administrative offence of the Traffic Code to take into account negative consequences of such offence. At the present time circumstances under which the offence was committed and/or the amount or nature of the damage are only stated as facts but do not influence the degree of punishment or sanction. In order to realize the principles of justice, proportionality and personalization of responsibility, Section 12 of the Administrative Offence Code of the Russian Federation must contain a definite description of sanctions for violating the Traffic Code and material damage must be regarded as a circumstance aggravating administrative responsibility. 
Bombitskii A.M. - Administrative responsibility and its implementation in cases of breaches of the legislation on contract system in procurement of goods, works, and services for state and municipal needs pp. 129-141

DOI:
10.7256/2306-9945.2015.4.16660

Abstract: The article focuses on legal and organizational problems of implementation of administrative responsibility for breaches of the legislation on contract system in procurement of goods, works, and services for state and municipal needs. The author carries out a detailed theoretical and legal analysis of the concepts of administrative responsibility. The article presents the author's position on the concept of legal regulation of administrative responsibility. The main attention is paid to the development of methods and methodology of administrative-legal regulation of responsibility in administrative law. The study shows the author's position on the interpretation and legal regulation of these categories. The methodological basis of the article comprises the current achievements of epistemology. The author applies 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 specific sociological studies (statistical, expert evaluation, etc.). The author concludes that at present in order to ensure legality in the sphere of procurement of goods, works and services for state and municipal needs it is necessary to improve the forms and methods of administrative-legal regulation in this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of responsibility in the sphere of public procurement. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of administrative responsibility and the creation of legal and institutional guarantees of legality in public procurement.
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