Abstract: The object of studies in this article is the concept of the existing legal regime for the weapons turnover in Ukraine. The authors provide evidence that any legal regime is synthesized with three legal means: permission, prohibition and positive obligation. The legal regime for weapons turnover is characterized by the authors as a permissive legal regulation type. The existing situation allows one to speak of a constructive model of a legal regime. The legal framework of the weapons turnover regime includes a large portion of positive obligations, as well as specialized and absolute prohibitions, which presupposes highly intensive legal regulation of this sphere of social relations. The authors used a systemic structural method in order to establish the combination of elements comprising “legal regime “as a complex matter, and a comparative legal method for the analysis of legal norms forming the “legal regime for weapons turnover”. As a conclusion the authors offers a novel three-element interpretation of the logic used for the formation of the legal regime for weapons turnover in a democratic state. Firstly, there is a basic general permission. Secondly, there is an exception from a general rule providing for a prohibition for the free turnover of weapons in the society. This prohibition is supported by a first absolute prohibition (criminal responsibility for the illegal turnover of weapons). Thirdly, there is a special exception from the general prohibition for permitting to carry weapons. This special permission is burdened with the positive obligations (the rules of legal turnover of weapons). Not following these rules falls under the second absolute prohibition (administrative responsibility for violation of the rules for turnover of weapons).

Keywords: legal regime, general permission, general prohibition, positive obligation, type of legal regulation, general permissive order, permissive order, constructive model, weapons, turnover of weapons.

DOI: 10.7256/2454-0595.2014.1.10107

DOI: 10.7256/2454-0595.2014.1.63942

Abstract: The article concerns substantial provisions on the propaganda and advertisement of narcotic and psychoactive substances and their precursors, plants containing narcotic, psychoactive substances, their precursors, or their constituent parts, containing narcotic, psychoactive substances or their precursors. The author offers characteristics of objective and subjective elements of this offence, analyzes public danger of this unlawful act, clarifies the characteristics of the crime subject. The author distinguishes propaganda or advertisement from the standard entrepreneurial acts aimed to promote t he goods, and not its markings, emblems, color or meaningful elements. Based upon the judicial practice the author criticizes the existing methods used for defining propaganda of narcotic and psychoactive substances. He provide examples of advertisement of narcotic substances in social networks and the practice of the Federal Drug Control Service on interception of these acts. He establishes that the current antinarcotic policy of the Russian Federation is unnecessarily strict and the norms of Art. 6.13 of the Administrative Offences Code of the Russian Federation regarding entrepreneurs promoting their goods in the consumer market is applied somewhat arbitrarily. In the opinion of the author it may be regarded as a departure from the main idea of fighting drug addiction (lowering the number of persons with drug addictions, lowering the level of crimes regarding illegal turnover of drugs and other encroachments committed by drug addicts), and it also devalues the very idea for the general public. The author formulates propositions on the improvement of the current legislation in part of clarifying the term “propaganda”.

Keywords: administrative offence, propaganda, advertisement, narcotic substances, psychoactive substances, precursors, the Federal Drug Control Service, entrepreneurship, goods, judicial practice.

DOI: 10.7256/2454-0595.2014.1.10557

DOI: 10.7256/2454-0595.2014.1.63943

Abstract: Implementation of executive competence and guaranteeing the public order can be achieved by certain means and methods of strategic influence on minds and behavior of people. Two mutually complementing methods: convincing and coercion are used to achieve this purpose at the current stage of social development. Their social purpose and efficiency is due to the following. Firstly, these methods are determined by the general social and economic patterns of the society development. Secondly, they should be inalienable and interrelated. Thirdly, they depend on how adequately and correctly the reflect the economic and political needs of the society and the current challenges. The public coercion as a social matter is a legal category with many aspects. In the theory of law public coercion is understood as means (method) of organizing the will of subject in order for them to comply with the will of the state. Generally speaking, the public coercion may be regarded as a potential of unfavorable consequences in cases of violation of norms of law, having preventive psychological influence. The above-mentioned approaches only refer to the possibility of public coercion, and in reality it is used as legal coercion in specific legal forms and applied by competent state bodies in the course of their specialized activities on implementation of law.

Keywords: restraint, coercion, police, officer, the Department of Internal Affairs, lawfulness, administration, harm, influence, application.

DOI: 10.7256/2454-0595.2014.1.9884

DOI: 10.7256/2454-0595.2014.1.63944

Abstract: A significant share of environmental offences and grievous harm to environment caused by them determine topicality of the analysis of the problems in the sphere of evidence and proof in administrative cases on environmental offences. The article includes analysis of the event of an administrative offence and its constituent elements, and the event is included within the scope of proving on in an administrative case. The author singles out material legal and procedural value of establishing place, time, means and other circumstances of an administrative offence. Based upon the analysis of judicial decisions on administrative offence cases in the sphere of environment protection the author points out the need to fully and precisely define the event of an offence. The author pays attention to the judicial practice on the cases on termination of the proceedings in administrative offence cases due to the lack of detailed description of the event of an offence. Based upon the study the author formulates propositions for the improvement of the current administrative legislation.

Keywords: administrative responsibility, proceedings on a case, object of proof, circumstances due for proving, place of offence, time of offence, means of committing an offence, other circumstances, proving.

DOI: 10.7256/2454-0595.2014.1.10570

DOI: 10.7256/2454-0595.2014.1.63945

Abstract: Based upon the comparative analysis of legal practice the author analyzes topical issues regarding implementation of a number of provisions of the Administrative Offences Code of the Russian Federation regulating the proceedings on administrative offences cases in part of the appeals, and the cases when the decision is terminated and the case is returned for the new proceedings, and also the situation when the court establishes that the primary decision was terminated by a higher instance administrative body (official) after taking up an appeal. In the process of the studies the author used the general scientific methods (formal logic, systemic method, analysis) and the specific legal scientific methods (comparative legal studies, formal legal method, etc.). Based upon the results of the study the author offers possible solutions for the topical problems regarding application of procedural provisions of the Administrative Offences Code of the Russian Federation and also makes proposals for the amendments to the Code in order to fill the gaps and to unify the practice of its application.

Keywords: court, administrative offence, appeal, review, resolution, administrative body, procedural violation, return of the protocol, restoring the procedural period, injunctions.

DOI: 10.7256/2454-0595.2014.1.10577

DOI: 10.7256/2454-0595.2014.1.63946

Abstract: The article concerns defining goals and priority directions of prosecutor supervision over implementation of the legislation on administrative responsibility in the environmental sphere. Taking into account the goals established in the National Security Strategy of the Russian Federation, which was adopted in accordance with the Decree of the President of the Russian Federation of May 12, 2009 N.537, the goals of prosecutor supervision correspond to the goals and aims of the Administrative Offences Code of the Russian Federation. The author draws a conclusion that the prosecutor supervision over implementation of administrative responsibility legislation in the environmental sphere is top priority sphere. In the article the author distinguishes specific goals of prosecutor supervision over implementation of legislation on administrative responsibility in the environmental sphere. The article also contains scientifically and practically substantiated key directions for the activities of the prosecutors in the sphere of such supervision. The methodological basis for the work was formed by the general scientific dialectic method, as well as some specific scientific methods used for the cognition of social and legal matters, implementation and organization of prosecutor supervision over the implementation of administrative responsibility in the environmental sphere. While choosing the main directions for the activities of the prosecutors in the sphere of supervision over implementation of administrative responsibility legislation in the environmental sphere, the author took into account the current situation in this sphere, especially the growing number of administrative offences of this type, as revealed by the prosecutor and other controlling and supervisory bodies. In the article the author singles out the main directions for the activities of the prosecutors in the sphere of supervision over the implementation of legislation on administrative responsibility in the environmental sphere for the current situation and the closest future perspective.

Keywords: prosecutor, supervision, legislation, administrative, responsibility, environmental, sphere, goals, main, directions.

DOI: 10.7256/2454-0595.2014.1.10517

DOI: 10.7256/2454-0595.2014.1.63947

Abstract: The principles of separation of powers and territorial structure of a state inevitably cause competence disputes (disputes on jurisdiction) among the central government bodies, between the central government bodies and territorial unit bodies, as well as the disputes between the territorial unit bodies. In this article the author pays attention to the specific features of defining constitutional legal disputes (competence disputes) and specific features of their evaluation by the Constitutional court. The study is based upon the Russian and foreign legislation, and the experience of the constitutional courts of the states formed in the former Yugoslavia territory (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, and Montenegro). The study mostly employs formal legal and comparative legal methods. Based upon the analysis of the foreign legislation and practice of the constitutional courts of the former Yugoslavia, the author substantiates the classification of competence disputes, providing for a distinction between horizontal and vertical ones, negative and positive ones. It is pointed out that the necessary condition for a competence dispute is the situation when two or more public government bodies pass final acts recognizing or refusing to recognize their competence on the same issue. Finally, the author concludes that resolution of competence disputes by the constitutional court in the states within the former Yugoslavia is more democratic than in Russia, since they allow any person who cannot implement his rights, and not just a government body, which is a party to the dispute, to bring a claim in court to resolve such a dispute.

Keywords: jurisdiction disputes, competence disputes, the Constitutional Court, former Yugoslavia state, constitutional procedure, constitutional judicial process, competence, competence recognition, denying competence, separation of powers principle

DOI: 10.7256/2454-0595.2014.1.10273

DOI: 10.7256/2454-0595.2014.1.63948

Abstract: Currently administrative justice bodies are undergoing reforms in many states around the world. Each state has its specific administrative justice system, and they have various modifications in accordance with the history and traditions of the state. Having evaluated the legal position of administrative justice in the foreign states and in the former USSR states, one may state that more and more attention is paid to the problem of improving the relations between the private parties and the public administration (state government bodies, municipal bodies and their officials) and the need to introduce efficient mechanisms for the protection of private persons from possible infringements of their rights by the government bodies. Administrative justice is a judicial mechanism for the protection of human rights from abuse by the public administration. That is its value in the rule-of-law state. The institution of administrative justice is aimed to neutralize the legal inequality of the parties in administrative dispute. The authors make a conclusion that studying the experience of functioning of the administrative justice bodies in the foreign states may help the Russian Federation to find out optimum approaches towards forming its own model of administrative justice. Russia needs administrative courts. Administrative cases should be dealt with within an independent administrative process and be regulated by the Administrative Judicial Procedural Code, which would allow to establish methodology and other procedural acts on hearing and resolving cases arising from this type of relations.

Keywords: administrative justice, administrative claim, administrative judicial proceedings, administrative process, judicial reform, administrative procedures, administrative disputes, specialized courts, administrative cases, public relations.

DOI: 10.7256/2454-0595.2014.1.10525

DOI: 10.7256/2454-0595.2014.1.63949

Abstract: The object of this study includes: a) key provisions of the regional by-law normative legal acts regulating the activities of specialized regional advisory, coordinative, expert, consultative, inter-departmental anti-corruption bodies (councils and commissions on fighting corruption) in the sphere of information support for the state policy against corruption at the regional level; b) key forms and means of information support of state policy against corruption at the regional level, as provided for in the normative legal acts; c) main measures aimed at the improvement of legal regulation of the information support of the state policy against corruption at the regional level. The author uses comparative legal method as the main scientific study method, and it is used to analyze the activities of specialized regional advisory anti-corruption bodies together with the general scientific methods: analysis and synthesis. The scientific novelty of the study is due to the fact that for the first time in the Russian legal the author evaluates legal regulation of the activities of the specialized regional advisory anti-corruption bodies in the sphere of information guarantees of the state policy against corruption. The main conclusions are as follows: the author offers measures for the improvement of legal regulation of the activities of the specialized regional advisory anti-corruption bodies, which include formation of the regional anti-corruption information policy; monitoring of efficiency of the information support system for the regional anti-corruption policy; development of proposals on the improvement of the system of information support of the regional anti-corruption policy.

Keywords: corruption, fighting corruption, anti-corruption propaganda, anti-corruption policy, anti-corruption advertisement, anti-corruption agitation, anti-corruption information, information policy, state policy, information support.

DOI: 10.7256/2454-0595.2014.1.10160

DOI: 10.7256/2454-0595.2014.1.63950

Abstract: The article includes analysis of the requirements to the experts holding anti-corruption expertise of legal acts and their drafts. She notes positive and negative features of the expertise by various state bodies, and states, that in some cases they are not sufficiently professional, causing the need to involve competent independent experts on contractual basis for anti-corruption expertise. The article includes analysis of scholarly propositions on stricter requirements to independent experts. It is substantiated that the current requirements are sufficient, while it is necessary to improve the education level of independent experts by providing specialized courses and certificates. As an alternative to the certificate courses it is offered to organize obligatory seminars for the experts. The author also notes the need for additional education of state officials involved in anti-corruption expertise according to their competence.

Keywords: anti-corruption expertise, competence, independent experts, the Prosecution of the Russian Federation, the Ministry of Justice of the Russian Federation, professionalism, normative legal acts, state officials, certified education, requirements.

DOI: 10.7256/2454-0595.2014.1.10416

DOI: 10.7256/2454-0595.2014.1.63951

Abstract: The article concerns the problems arising in the activities of the law-enforcement bodies regarding revealing the facts of human trafficking, such as the lack of acceptable legal basis, allowing to efficiently fight this type of criminal activity and related crimes. The issues regarding revealing the elements of human trafficking, the conditions of victim exploitation are also reflected in the article. Unlawful human trafficking (and trafficking of women in particular) is a multi-level widely spread and well-organized international network, involving all of the continents, millions of victims and hundreds of thousands of organizers: sellers, buyers, intermediaries, guards, etc. Human trafficking involves official bodies, as well as criminal structures: visa and migration service officials, law-enforcement bodies and state institutions of various levels. Specific features of revealing participations of such subjects are reflected in this article. The author used the general philosophical, theoretical and empirical method (dialectic, systemic method, analysis, synthesis, analogy, deduction, supervision, modeling), traditional legal methods (formal logic), specific social studies methods (statistical, expert evaluation, etc.). Scientific novelty of the article is due to establishing how complicated it may be to reveal the elements of crimes, since criminals tend to masquerade their criminal business. It is especially complicated to reveal means and methods of criminal behavior at the period of recruiting potential victims for the future exploitation, when they might not be aware of the fact that they are dealing with the human traffickers. Such situations are typical for recruiting potential human trafficking victims by fraud, abuse of trust and other fraudulent methods.

Keywords: trafficking, operative, person, rights, freedoms, personality, fight, the UN, torture, offence.

DOI: 10.7256/2454-0595.2014.1.10305

DOI: 10.7256/2454-0595.2014.1.63952

Abstract: The article concerns the main forms of existence of the civil society institutions at the local level in the Mari El Republic. The author analyzes municipal legal acts, regulating their activities, pointing out the main shortcomings of the municipal legislation in part of legal regulation of civil society institutions. The author analyzes the specific features of the following forms of activities of civil society institutions in the Mari El Republic: the public associations, vigilance groups for the public order protection, public councils under the auspices of the municipal bodies, local and primary divisions of political parties. The article also refers to some problems in the sphere of information support of the activities of municipal bodies, noting the lack of legal regulation of electronic municipalities at the local level. In the process of analysis of municipal legislation the author offers specific legislative formulations and organizational events in order to improve the level of interaction between the civil society institutions and municipal bodies.