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NB: Administrative Law and Administration Practice
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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. 
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. 
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. 
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., ., . - 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. 
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., . - 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.
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., . - 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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