NB: Administrative Law and Administration Practice - rubric Debatable issues in administrative and municipal law
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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Debatable issues in administrative and municipal law"
Debatable issues in administrative and municipal law
Amelichkin A.V. - Peculiarities and Problems of the Administrative Status of Pedestrians at the Modern Stage of Road Traffic Safety pp. 15-20

DOI:
10.7256/2306-9945.2018.3.27509

Abstract: The subject of the research is the system of legal relations in the field of road safety. The object of the research is the public relations arising between road users in the process of driving on roads, namely, the determination of the administrative and legal status of pedestrians who use electric scooters, gyroscooters, monowheels, segways for road traffic. The purpose of the work was to review the regulatory legal framework governing the field of road safety in terms of the definition of the concepts: pedestrian, vehicle and driver. The author examines the problems of the regulatory legal consolidation of the concept of a pedestrian vehicle and the determination of other features of the administrative and legal status of pedestrians using electric scooters, gyroscooters, monowheels and segway for movement. The author pays special attention to the contradiction between the existing standards in the field of road safety. The methodological basis of the work was: dialectical, historical, structurally systemic, comparative legal, statistical, formal logical and other methods widely used in legal science. The novelty of the work is determined by the need to improve public relations in the field of road safety. The author reveals the content and distinctive features of the administrative and legal status of individual road users. There is an author's definition of such categories as “pedestrian vehicle” and “driver of a pedestrian vehicle”. Ways to fill the legal gap in this matter are proposed. Scope of the results: the provisions of the work can be used in legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists in road safety issues, improvement of the branches of the Russian legal system.
Aristov E.V., Fakhrutdinova G.G. - Improving the Legal Regulation of Administrative Responsibility of Minors pp. 25-30

DOI:
10.7256/2306-9945.2018.2.26894

Abstract: The subject of the research is the theoretical and practical aspects of the implementation of the institution of administrative responsibility of minors. The object of the research is the system of social relations that is formed in the process of implementation of administrative and jurisdictional activities of authorized bodies in relation to minors. The author examines such aspects of the topic as legal regulation of the administrative responsibility of minors in law enforcement practice, discusses the features of administrative and jurisdictional activities of prevention subjects in the mechanism for preventing and combating juvenile delinquency, establishing the causes and conditions for their commission by adolescents on the basis of which proposals are being developed to improve legislation on administrative offenses concerning minors as the special subjects. Special attention is paid to the improvement of administrative legislation aimed at the effective prevention of juvenile delinquency. The methodological basis is the system of legal knowledge that defines the basic requirements for the process of knowledge. The researchers also use special research methods (observation, analysis of statistical and practical material). The main conclusions of the research are the consolidation of a separate chapter aimed at regulating administrative, i.e. jurisdictional relations with the participation of minors in the Administrative Offenses Code of the Russian Federation. In order to prevent juvenile delinquency, the author considers it appropriate to reduce the age of administrative responsibility of minors, which in turn will be educational in nature. In addition, the author notes the inadequacy of preventive measures by the subjects of prevention, which are mostly formal in nature and are not aimed at reducing the level of offenses committed by adolescents.
Kalyuzhny Y.N. - Current Issues of Legal Regulation of the Use of Particular Kinds of Electric Transport pp. 27-33

DOI:
10.7256/2306-9945.2019.5.30729

Abstract: The subject of the research is the legal provisions and scientific information sources that regulate the use of blisks, Segways, and self-balancing scooters. The object of the research is the legal relations, phenomena and processes that arise in the process of using electronic transport by road users. As a result of analysis of legal acts and scientific literature, the author carries out a complex analysis of theoretical and legal aspects of the regulation of road traffic related to the use of particular kinds of electronic transport. Kalyuzhniy also outlines particular issues of the legal regulation of aforesaid sphere and offers a set of measures aimed at improvement of legal acts that regulate legal relations arising in the process of using blisks, Segways, self-balancing sectors and the like. The methodological basis of the research includes a set of general and specific research methods (formal law, analytical analysis and systems approach, analysis, synthesis, modelling, comparison, etc.). As a result, the author concludes that the development of technical means of transport and their active use, ambivalence of practical implementation of legal provisions regulating the procedure and conditions of road traffic demonstrate the need to clarify and detalize legal acts that regulate the use of blisks, Segways and self-balancing scooters. The novelty of the research is caused by the fact that the author carries out a complex analysis of theoretical and legal aspects that describe the process of using blisks, Segways, self-balancing scooters and the like, outlines controversial issues of the legal regulation and describes the main areas for improving the legal regulation of using electronic transport. 
Akhtanina N.A. - Public danger as a sign of administrative offences pp. 30-36

DOI:
10.7256/2306-9945.2019.6.32494

Abstract: The subject of this research is the earlier and currently active norms of administrative legislation regulating the concept of legal offense as well as scientific literature devoted to this topic and statistical data on administrative offenses from the Russian case law. The author analyzes the essence of the signs of administrative offenses. The importance of this topic is substantiated the fact that the concept of legal offense is one of the main categories of the administrative law of the Russian Federation. Analysis is conducted on the various approaches of scholars in administrative law towards definition of this concept. The novelty of this research is defined by the importance of clear definition of the concept of administrative offense due to introduction of the New Code on Administrative Offenses of the Russian Federation into public discourse. Considering the sign of public danger of an administrative offense, the author proposes formulating Article 2.1 of the Code of the Russian Federation on Administrative Offenses in the following way: “Administrative offense is a committed punishable action or inaction of a private or legal entity, posing public danger, and carries administrative liability established by this Code or a law of a subject of the Russian Federation”.
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