NB: Administrative Law and Administration Practice - rubric Administrative process and procedure
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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative process and procedure"
Administrative process and procedure
Berlizov M.P. - Revisiting the Legal Technique in Preparation and Writing the Administrative Court Procedure Code of the Russian Federation pp. 12-16

DOI:
10.7256/2306-9945.2019.4.29936

Abstract: The subject of the study is the text of the Administrative Court Procedure Code of the Russian Federation, the correct implication of certain expressions, and logical sequence of its certain dispositions, as well as their comparison with other codes of judicial practice. The existence of inconsistencies within the framework of the code, as well as within its dispositions and other legal acts, is highlighted. Also, the case law regarding the regulation of such inconsistencies is presented. The author proposes the potential causes of such inconsistencies and gives recommendations for their elimination. The methodological basis of the research consists of a complex of general scientific methods such as deduction, analysis, and synthesis. Moreover, a comparative and law method and a method of systemic analysis are applied. The main finding of the conducted research is the demonstration of the importance of the legal technique in preparation and writing a legal act on the example of various dispositions of the Administrative Court Procedure Code of the Russian Federation. Along with that, the author emphasizes the potential causes promoted the appearance of the defects and the methods of their elimination, including the use of methods of equivalence, consistency, and unification. 
Izyumova E.S. - Procedure in the cases of administrative offenses within the system of administrative law pp. 22-29

DOI:
10.7256/2306-9945.2019.6.32535

Abstract: The relevance of this scientific article is substantiated by the process of reform of the administrative procedural legislation of the Russian Federation. The goal of this work is to determine the place of procedure in the cases of administrative offenses within the system of administrative law. The author studies approaches towards the understanding of the system of administrative law, and explores the main perspectives on the definition of the administrative process, its structure and the place within for the procedure on cases of administrative offenses. The work also deals with the question of the correlation of administrative proceedings and procedure on cases of administrative offenses. A conclusion is made that in both the procedure on cases of administrative offenses is a part of administrative proceedings. A proposal is made on improving the administrative procedural legislation in order to ensure clarity in the question of correlation of “administrative proceedings” and “procedure in the cases of administrative offenses” by passing a codified legislation with highlighting separate chapters in the special part for judicial and non-judicial authorities with a unified common part.
Ponikarova T.V. - Classification of guaranteeing provisions ensuring the legality of administrative and delict proceedings in the penitentiary system of the Russian Federation pp. 30-37

DOI:
10.7256/2306-9945.2016.2.18707

Abstract: The research subject is the scientific classification of guaranteeing provisions ensuring the legality of administrative and delict proceedings in the penitentiary system of the Russian Federation. The study of such legal guarantees can demonstrate the role of procedural provisions in the process of implementation of such proceedings with legality guarantees. The paper studies guaranteeing provisions ensuring the legality of administrative and delict proceedings (administrative proceedings) in the penitentiary system of Russia. The methodological and theoretical basis of the study is the dialectical method. The author also applies the method of evolutional analysis of guaranteeing provisions and the deductive method of study of guaranteeing provisions in the sphere of ensuring legality of administrative and delict proceedings in the penitentiary system. Moreover, the author uses the methods of induction, analysis, and synthesis which help to acquire the results related to the conceptual framework of the study. The scientific novelty consists in the development of guaranteeing provisions ensuring the legality of administrative and delict proceedings in the penitentiary system of Russia. For the first time the author fixes the types of guaranteeing provisions. The author substantiates the content of such provisions in the activities of bodies and agencies of the penitentiary system, which is very important for the law enforcement activities of the officers of the penitentiary system of Russia. 
Ul'yanov M.V. - Order of Proceedings for Qualifying Information Materials as Extremist pp. 31-37

DOI:
10.7256/2306-9945.2017.5.25238

Abstract: The article is devoted to the issues that arise in the process of considering the prosecutor's claim to quality materials as extremist. The author of the article analyzes judicial practice of reviewing such cases. Ulianov focuses on amendments to the Administrative Procedure Rules offered by the Plenum of the Supreme Court of the Russian Federation in its resolution No. 30 of October 3, 2017. The author also analyze changes in the laws introduced by the Federal Law No. 327 'Concerning Amendments to Articles 10.4 and 15.3 of the Federal Law on Information, Information Technologies and Information Protection of November 25, 2017 and Article 6 of the Russian Federation Law 'Concerning Mass Media Information'. The author's analysis of the aforesaid issues is based on the general dialectical method. The author has also used such methods as induction, analysis and synthesis and documentary method (court materials and statistics). When analyzing legal sources and legal acts, the author has also applied the formal law method. The scientific novelty of the research is caused by the fact that the author analyzes changes offered by the Supreme Court of the Russian Federation to be made in the Administrative Procedure Rules of the Russian Federation. In addition, based on the results of the analysis of changes made in Article 15.1 of the Federal Law No. 149 on Information, Information Technologies and Information Protection the author of the article emphasizes the need to create official analytics documents relevant to the matter. 
Korepina A.V. - Administrative jurisdiction within administrative law pp. 38-43

DOI:
10.7256/2306-9945.2015.6.18395

Abstract: The research subject covers administrative procedural rules regulating a special group of homogeneous social relations arising, transforming, and ceasing in the process of disposition of controversial administrative cases, and form an independent legal institution of administrative law – the institution of administrative jurisdiction. The research object includes the subject and the method of legal regulation of administrative jurisdiction, the system of subjects of this legal institution, the role of administrative jurisdiction within administrative law. The study is based on general scientific methods of analysis, synthesis, the system-structural, formal logical and other methods, and special scientific methods including the legal logical, comparative legal, the method of legal hermeneutics (interpretation), and the descriptive method of cognition. The author concludes that:1) at present the science of administrative law doesn’t contain any single position on the concept of administrative jurisdiction; the author supposes that it would be more correct not to reduce administrative jurisdiction to only one form of administrative procedure – legal proceedings on administrative violations.2) the unification of administrative-jurisdictional rules regulating legal proceedings on administrative violations, legal proceedings on complaints, disciplinary proceedings, and conciliation proceedings into a special legal institution is conditioned by the recent situation in social relations having common features and requiring a special administrative-legal impact3) the institution of administrative jurisdiction has its subject and method of legal regulation, subject matter and structure.The research novelty lies in the author’s definition of the concept of administrative jurisdiction as one of the main institutions of administrative law. 
Sultanov K.A. - Issues of initiation of administrative investigation into an unidentified person pp. 57-63

DOI:
10.7256/2306-9945.2017.3.22411

Abstract: The research subject is the ussies of initiation of administrative investigation into an unidentified person. The research object is administrative investigation as a stage of administrative proceedings. The author studies the normative framework and draft laws regulating investigation into unidentified persons. Special attention is given to the procedure of initiation of administrative investigation in territorial bodies of the Ministry of Internal Affairs. The author describes the cases when it is impossible to initiate investigation into an unidentified person. The author formulates particular recommendations for the formation of a unified law enforcement practice of administrative proceedings in territorial bodies of the Ministry of Internal Affairs. The research methodology is determined by the set of the most commonly used research methods including analysis and synthesis of legislation about the topic under study, the formal-legal method, structural-logical exposition of the material, comparative-legal method. The author concludes about the illegitimacy of initiation of administrative investigation into an unidentified person in a similar way to criminal proceedings. The author specifies particular recommendations for the formation of single law-enforcement practice of administrative proceedings in territorial bodies of the Ministry of Internal Affairs. The scientific novelty of the study consists in the assessment of the current condition of legislation on administrative investigation. A special author’s contribution is the definition of ways of further improvement and the prospects of development of the procedure of initiation of investigation in particular persons. The practical significance of the study consists in elaboration of scientifically grounded proposals about elimination of violations of the procedure of imposition of administrative sanctions. 
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