Abstract: One of the problems in the general theory of law is the substance of the relationship at law. In Russian jurisprudence, methodological approaches of researchers are identical in terms of acceptance of the unity of form and substance when solving this theoretical scientific problem. However, consistent development of the concept of indivisible unity of the factual material substance and the legal form was stopped as a result of the domination of the formal legal methodology formed in the middle of the 20th century thanks to the efforts of Leningrad legal school, Ural and Saratov scientific school of law. The material law approach was demonstrated by Moscow legal scientists. The analysis of a number of sources makes it possible to see the collisional nature of the traditional arguments and certain gaps in the scientific reasoning of the views on the substance of the relationship at law. In particular, the combination of mutual rights and obligations of the subjects of the relationship at law is a conditional, logical legal and unrealized mutual connection in which the public will is expressed for due behavior in social relations. However, it is viewed as the substance of the relationship at law. The logic of the philosophical legal speculation leads to the conclusion that in this case, the irreal is deemed to be identical to the real, the ideal replaces the material in the social life. The legal reality is also rich in examples which do not fit with the outlines of the superstructural model of the relationship at law. The author finds it reasonable to set the question of additional research into the pre-requisites of the relationship at law and believes that the relationship at law is characterized by the following substance: the aggregate of the interdependent acts of willful legal behavior of participants; the realized or protected right as a result of directional behavior in the relationship at law of the passive and active type respectively. Without the purpose component, the substance of the relationship at law does not have its conceptual completeness. Consideration of this problem convinces the author that it is necessary to revise the theory of the relationship at law on the basis of both wrongfully forgotten and new achievements of the legal science. When working on the material, the methods of substance legal analysis and synthesis, theoretical interpretation and dialectical logic methods were used. The scientific novelty lies in its critical evaluation and development of the views on the structure of the relationship at law on the basis of conflicting provisions of the formal legal and material legal approaches, development of the author’s own basis for the structure and elements of the relationship at law (legal form, material legal substance, subjects, object and matter of the relationship at law), including the substance of the relationship at law.

Keywords: Protected right, general theory of law, social relation, pre-requisites for relationship at law, realized right, substance of relationship at law, rights and obligations, theory of relationship at law, actual substance of relationship at law, legal form.

DOI: 10.7256/2454-0595.2014.11.13383

DOI: 10.7256/2454-0595.2014.11.65674

Abstract: The subject matter of research is the specific features of military service in the Russian Federation, the set of the attributes characteristic of the military service as a type of federal public service. The objectives of the work are as follows: to consider the attributes specific of the military service by which the military service may be differentiated from any other type of public service; to give a brief description of such attributes taking into consideration the rules of the current laws; to identify the key differences between the military service and the civil public service, and the special type of the military service. The comparative analysis of the rules of the current laws on military service which makes it possible to identify the attributes typical of the military service and underlining the special status of the military service. The research established that the majority of the above listed distinctive features of the military service are of a special nature. The key differences between the military service and the civil public service lie in the purpose of such types of public service, in the functions performed and objectives achieved by them. The unique feature of the military service is performance by the military servant of specific functions in order to procure the defense and security of the Russian Federation using special methods and applying, or possibly applying, instruments of war (weapons and military machinery) with the opponent which are required under the federal laws. The special features of the military service are expressed in the fact that, taking into account the detailed regulation by laws and rules of the military service relationships, it does not always appear possible to establish (identify) the course of action of the military servant in a certain situation, in particular, during the conduct of action, which also emphasizes the special status of the military service.

Keywords: specific features, military service, attributes, special type, responsibility, payments, allowances, specifics, service conditions, security.

DOI: 10.7256/2454-0595.2014.11.13078

DOI: 10.7256/2454-0595.2014.11.65675

Abstract: This article notes that governance of the social and political processes and tendencies characteristic of our country in its today’s condition is impossible without identifying the specific features of the structure of the Russian Federation. The Russian Constitution adopted in 1993, while establishing the principle of federalism as one of the fundamental qualities of the constitutional system of Russia, confirmed the federative nature of our country. Being a multi-ethnic country with a vast territory, various natural and geographic condition, the Russian Federation has its own specific features in the establishment and development of the federative relations. An expression of the unique nature of the Russian federal model is the fact that it is based on a combination of two principles – national and territorial. This article is based on the general scientific research method and the historical, comparative legal, politological, institutional methods. The systematic approach was of large importance to the adequate description of the subject, under this approach, the Russian federal constituents were viewed as elements of an integral complex system of a federative state. The systematic approach makes it possible to demonstrate the genesis, legal status and problems of the creation and development of the Russian federal constituents as a result of the changing system of social relations as a whole, the conflict of various trends and political forces in the Russian society. The work presents the jurisprudential analysis and considers, first of all, the institutional and legal aspects of improving the state structure through the lens of the constitutional and legal status of the Russian federal constituents. Before signing the Federal Agreement in 1992, the federation was built on the basis of the national principle, afterwards the territorial principle was added. The territories which were previously administrative territorial entities (regions, cities of Moscow and Saint-Petersburg) were given the status of the Russian federal constituents. Today, as a result of all the transformations, the Russian Federation is composed of over 80 constituents. No other federation in the world has known so many constituents. Their number and differences between them bring certain difficulties to the system of public administration and formation of federative relations.

Keywords: federation, federalism, constituent, Russia, competence, delineation, power, status, autonomy.

DOI: 10.7256/2454-0595.2014.11.12500

DOI: 10.7256/2454-0595.2014.11.65676

Abstract: The diversity of the forms of social relations which were created by Russia’s transition to the free economic development path, has mediated the requirement to study their structures, identify their systematic nature, explore the elements, methods and means by which they are regulated by the government. In this article, the author considers the legal structures of implementing the relationships in establishing non-economic prohibitions and restrictions in customs relationship at law, identifies the elements of such relationship, proposes for a scientific discussion the definition of the legal structure for implementing the relationship in establishing non-economic prohibitions and restrictions in customs relationship at law, considers some practical examples. On the basis of the legal structure of establishing non-economic prohibitions and restrictions in customs relationship at law that was identified and its elements, the author attempts to build a model of the social relations which are formed in customs relationship at law when goods or vehicles cross the customs border of the Customs Union. Methodological basic is made up from: dialectical method of cognition, fundamentals of philosophy and theory of law which helped to describe the specific feature, essence, internal connection and identify the inconsistencies between the two legal categories: “prohibitions” and “restrictions”, their integrity and systematic nature, and which provided the pre-requisites for identifying the problems and formation of one’s own understanding and idea of the categories under study. The articles draws the conclusion that the legal structure of establishing non-economic prohibitions and restrictions in customs relationship at law is a means to model the social relations in foreign economic operations. It was established that the foundation of the legal structure of implementing the legal prohibitions and restrictions in the customs sphere is made up of the three key elements: international, cross-national and national rules and principles; rules of law establishing the rights and duties of participants of foreign economic operations; rules of law and means (mechanism) of coercion by the state procuring the due behavior of all the participants of foreign economic operations and the rules ensuring responsibility for any violation of any rules.

Keywords: prohibitions, restrictions, legal structures, customs relationship at law, foreign economic operations, international rules, principles, legal rules, means, Customs Union.

DOI: 10.7256/2454-0595.2014.11.13277

DOI: 10.7256/2454-0595.2014.11.65677

Abstract: The subject matter of this research is the essence of the administrative preventive measures of administrative preventive coercion, the author words the problems related to the definition of such category as measures of administrative prevention. The article also expresses different points of view on the legal category of administrative-law prevention, describes the key features of administrative prevention, points to the place of administrative preventive measures in the system of administrative-law prevention, draws the readers’ attention to certain problems of application of administrative preventive measures, and proposes the ways to resolve them. The dialectical materialistic method of scientific cognition, methods of social legal research, namely, comparative legal, formal logic method, content analysis method. The article attempts to describe certain theoretical and practical problems of applying administrative-law prevention measures and suggests the ways to solve them. The analysis of the administrative prevention measures in modern times makes it possible to shed some new light on the nature of this phenomenon. The conclusions and generalizations made will contribute to the development of the administrative law as relates to the methods of public administration and administrative process. In addition, this work may become the foundation for deeper general theoretical and branchrelated research, including those relating to prevention activities of law-enforcement agencies.

Keywords: administrative coercion, administrative coercion measures, administrative-law prevention measures, law enforcement, administrative procedural arrangements, executive authorities, public administration, administrative-law relations, governmental powers of authority, offence.

DOI: 10.7256/2454-0595.2014.11.13217

DOI: 10.7256/2454-0595.2014.11.65678

Abstract: The subject of this article is the relationship at law between the custom authorities of the Russian Federation and the parties responsible in customs affairs. Special attention is paid to the powers of the customs authorities in holding declarants administratively responsible. The author considers the problems related to proving the guilt in the context of customs practice in the Russian federation, arbitration courts and the Supreme Arbitration Court of the Russian Federation. The institute of guilt was analyzed from the point of view of admissible evidence and the requirement to take into account all the facts and circumstances which serve as the basis for exemption for customs duties or their reduction. In this research, the author uses the comparative, statistical methods, as well as induction, analysis and synthesis. Scientific novelty and conclusions: the author makes the conclusion that proof in an administrative offence is the base factor for holding someone administratively responsible and imposing penalties. It is stressed that giving the incorrect Customs Union Commodity Classification of Foreign Economic Activity code is sufficient proof of the declarant’s guilt. In such cases, on the basis of arbitration precedents, in order to find out whether a person is guilty of an administrative offence, it is necessary to comprehensively consider the fact and documents as the evidential base.

Keywords: administrative offence, guilt, customs affairs, Customs Union Commodity Classification of Foreign Economic Activity, customs rules, Customs Code of the Customs Union, Administrative Offences Code of the Russian Federation, proof, declaration, administrative responsibility.

DOI: 10.7256/2454-0595.2014.11.12343

DOI: 10.7256/2454-0595.2014.11.65679

Abstract: The author considers persuasion as a necessary method of public administration of economy. Enforcement of legal rules is more efficient with positive support by the subjects of relationships at law and understanding of their necessity. Coercion brings fewer results. As persuasion, the author considers target orientation of the government in economy, systematization of the rules of law regulating the economic sphere. A positive example of the law application practice also has a persuasive effect. Formation of voluntary compliance with the rules of law depends, among other things, on the information support of the public administration in economy. The methodological basis of research is both the general scientific methods: deduction, induction, analysis, synthesis, and the specific scientific research methods: comparative legal, legal dogmatic, logic combined with the systematic analysis of the phenomena under study, method of legislation analysis and generalization the practice of its application. In modern theory of administrative law, insufficient attention is paid to using the persuasion method in public administration. Analyzing the programming mechanisms as persuasion of subjects in the economic sphere is new. As part of this research, the following conclusions were made. First of all, the persuasion method is characteristic of democratic administration systems. Second, using the persuasion method to manage the economy of the Russian Federation is difficult because of the absence of public milestones in economic policy. Third, the rules of law serve as the information component of persuasion in the public administration of economy. Fourth, the rules of law must be logical and understandable for the public the active part of which is ready to carry out entrepreneurial activities. Fifth, the systematization of legislation, review of the currently effective rules taking into consideration their interaction will serve as one of the means of social persuasion in the orientation of the public administration towards the interests of the public. Fifth, information about positive practice of law application and enforcement must be actively used as a means of persuasion.

Keywords: administrative law, public administration, method of public administration, persuasion, economy, law enforcement, management by objectives, effectiveness of rules of law, method of influence, economic policy.

DOI: 10.7256/2454-0595.2014.11.13222

DOI: 10.7256/2454-0595.2014.11.65680

Abstract: This article considers the relevant, in connection with the administrative reform being underway, notion of administrative approval, its definition is given on the basis of available scientific wordings as a form of administrative activities which are a part of the administrative process and include the licensing and authorization, registration, certification, and approval activities. The author reviews the key attributes of the administrative approvals. The author also identifies the types of administrative approval: licensing and issuance of permits, state registration, administrative certification (including state accreditation and attestation), administrative consents. The author analyses the notions which exist in scientific literature and which refer to administrative activities, analyses the relationship between the notions of “administrative approval”, “state and municipal service”, systematizes the key attributes of administrative approval, provides the classification of its types. For the first time, the author gives the definition of the notion of “administrative approval”, identifies the key attributes of such notion: it consists of a combination of administrative actions, is a positive administration regulation activity, is of external-power, law-enforcement, regulatory, procedural nature, is initiated by individuals, terminates in issuance of an approval document, administrative approval is a method of implementing the permissive method of administrative law, the author also gives her own the classification of the types of administrative approval.

Keywords: administrative reform, administrative approval, license, permit, registration, certification, consent, permission, external-power nature, law-enforcement nature.

DOI: 10.7256/2454-0595.2014.11.13403

DOI: 10.7256/2454-0595.2014.11.65681

Abstract: The subject of research: mechanism of holding administratively responsible the road users, in particular, the drivers who flagrantly, willfully, grossly and regularly violate the Traffic Code of the Russian Federation, the standards and technical rules related to the safety of road traffic and any other applicable laws of the Russian Federation related to road traffic compared to the currently effective mechanism of administrative-law influence on the consciousness, will and behavior of vehicle drivers and other road users in the United States, to be specific, in the state of Missouri, if they commit regular traffic offences, taking into consideration the law and law enforcement practice in Russia in the past. Research method and methodology: when writing this article, the statistical, formal logic, comparable legal method were used as well as the legal modelling method. Novelty and conclusions of this research: the absence in Russia of an effective mechanism of holding administratively responsible for flagrant, willful, gross and regular offences committed by road users requires making changes to the currently effective laws related to rod traffic, in particular, the return of the point system of recording road offences. It is based on the fair and generally accepted legal rule: repetitive nature and regularity of offences must aggravate responsibility.

Keywords: road traffic safety, point system, regular offences, inevitability of responsibility, special technical aids, administrative fine, point, traffic accidents, Traffic Code, international practice.

DOI: 10.7256/2454-0595.2014.11.13087

DOI: 10.7256/2454-0595.2014.11.65682

Abstract: This article is devoted to the analysis of today’s condition of the social relations within the proceedings in administrative cases referred to the competence of customs authorities in the situation of functioning of the Customs Union, administrative laws of the members of the Customs Union, identification of the specific features typical of the national law of certain countries, and any inconsistencies obstructing the effective administration of the proceedings in administrative cases affected by the functioning of the Customs Union, generation of proposals related to improvement of the laws of member of the Customs Union related to the proceedings in administrative cases. In order to generate proposals related to improvement of the laws of member of the Customs Union related to the proceedings in administrative cases, the scientific and comparative research methods were used. The analysis which was performed generally showed the existence in the three countries of the common principles and approaches employed by the customs authorities when holding persons administratively responsible. At the same time, a number of specific features was identified which are typical of national laws of certain countries and inconsistencies obstructing the effective performance of the proceedings in administrative cases affected by the functioning of the Customs Union. Conclusions: for the purposes of effective performance of the proceedings in administrative cases affected by the functioning of the Customs Union, it is necessary to harmonize the rules of laws related to the administrative responsibility in the countries which are members of the Customs Union, i.e. unify them, as relates to: 1. Include in the Administrative Offences Code of the Russian Federation and the Administrative Offences Code of the Republic of Kazakhstan the institute of complicity when the organizer and accessory of the offence are also held administratively liable as is expressly provided in the Administrative Offences Code of the Republic of Belarus. 2. Include in the Administrative Offences Code of the Russian Federation and the Administrative Offences Code of the Republic of Kazakhstan the institute of attempted administrative offence as is expressly provided in the Administrative Offences Code of the Republic of Belarus. 3. Establish the uniform limitations period for administrative responsibility for violation of customs rule in the Administrative Offences Codes of the countries which are members of the Customs Union. 4. Include the institute of suspension of the limitations period for administrative responsibility as is expressly provided in the Administrative Offences Code of the Republic of Kazakhstan. 5. Include the institute of consolidation in the Administrative Offences Code of the Russian Federation as is expressly provided in the Administrative Offences Code of the Republic of Kazakhstan and the Administrative Offences Code of the Republic of Belarus.

Keywords: administrative offence, national laws, customs authorities, Russian Federation, Republic of Kazakhstan, Republic of Belarus, Customs Union, differentiation of punishment, sequester, complicity.

DOI: 10.7256/2454-0595.2014.11.13445

DOI: 10.7256/2454-0595.2014.11.65683

Abstract: This article considers the provisions of Federal Law No. 116-FZ dated 05.05.2014 ‘On Making Changes to Certain Laws and Regulations of the Russian Federation’ which make changes to a number of laws and regulation, including the Labor Code of the Russian Federation, and establish the procedure for use of precarious work. Representatives of trade unions, employers and lawmakers have been working towards the adoption of this law since 2010. With effect from 01.01.2016, i.e. from the time when the law becomes effective, precarious work will be prohibited in Russia as a method for the employer to avoid the obligations arising under the Labor Code and the employment contract made between such employer and the employee. The reason for prohibiting precarious work is abuse: “gray” schemes for avoiding payment of taxes, insurance contributions, reduction of employees’ salaries, leaving them without social guarantees. At the same time, it is allowed to use precarious work when employees are assigned to provide personal services and assistance with the household work of physical persons, for temporary performance of the duties of absent employees, for carrying out the work related to knowingly temporary expansion of production or growth in the scope of services. This list is applicable to a certain category of persons: full-time students, single parents and parents with many underage children, persons which have been released from detention facilities. When writing this work, the author used the universal research method, in particular, the principle of objectivity and comprehensiveness of research, such general scientific methods as observation, analyses, and specific scientific methods which include logical legal and comparative legal methods. the scientific novelty of the article lies in the comprehensive analysis of the new additions to the laws and regulations related to precarious work conducted by the author. The author also attempted forecasting of the effects of the legal regulation of precarious work at today’s stage of the development of employment law, including those related to the economic relations and the relation on employment market.

Keywords: precarious work, employment market, private employment agencies, non-standard forms of employment, outsourcing, outstaffing, employment contract, employment relations, non-standard employment model, civil-law contract.

DOI: 10.7256/2454-0595.2014.11.13456

DOI: 10.7256/2454-0595.2014.11.65684

Abstract: This article is devoted to the review of certain practical problems of foreign nationals obtaining residence permits. First of all, it carries out an analysis of the court decision admitting that the absence from the list of the documents confirming the legal source of means of subsistence of the certificate confirming a deposit in a banking institution is inconsistent with the law. On the basis of the subject matter of the article, the analysis of the Regulation on the Procedure for Considering the Matters Related to Russian Citizenship, the Administrative Regulation on the Provision by the Federal Migration Service of the State Service Related to Issuance to Foreign Nationals and Stateless Persons of Residence Permits in the Russian Federation and other rules and regulations was carried out. Methodologically, the article is based on the modern achievements of the cognition theory. In this research, the theoretical, general philosophical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in specific sociological research (statistical, expert review etc.) were applied. The article notes that administrative-law regulation of migration is one of the most pressing problems in public administration. This is due to a number of reasons: demographic problems, insufficient theoretical work previously conducted in relation to the role and importance of migration processes in the demographic development of the Russian Federation. These and other problems result in a whole range of negative consequences in law enforcement and the social and economic development of the country. Each year, illegal migration requires more and more attention of governmental authorities.

Keywords: residence permit, migration, control, immigration, Federal Migration Service, visa, deportation, foreign national.

DOI: 10.7256/2454-0595.2014.11.13459

DOI: 10.7256/2454-0595.2014.11.65685

Abstract: The subject of research is the rule of the law providing governmental regulation to ensure the administrativelaw treatment of commercial name and other means of identification of goods, work and services (trademark and service mark). As the research subject, the doctrinal provisions of the administrative, civil and information law were used, as well as the implementation practice of administrative-law methods of governmental regulation to ensure the protection of the means of identification of legal entities, goods, work and services, such as the commercial name, trademark and service mark. The methodological base is the combination of research method among which the leading role is played by the dialectical materialistic research method. The method of systematic analysis made it possible to identify the place of the means of identification in the system of exclusive rights which exist in law. The scientific novelty lies in the comprehensive generallegal analysis of the specifics of administrative-law regulation of the protection enjoyed by the means of identification. The article considers the legislative regulation of administrative-law methods used to ensure the treatment of holders of rights to the means of identification; it considers the registration treatment of the means of identification; it defies the administrative method of protecting the exclusive right to the commercial name, trademark and service mark, and describes the types of administrative responsibility for offences against the exclusive right to the means of identification.

Keywords: administrative-law regulation, protection, means of identification, commercial name, trademark, service mark, exclusive rights, registration actions, administrative law, law enforcement practice.

DOI: 10.7256/2454-0595.2014.11.11548

DOI: 10.7256/2454-0595.2014.11.65686

Abstract: The combination of the social relations with respect to the territorial organization of local government (establishments of borders between municipal entities, transformation of municipal entities). The author researches the questions of adequate territorial organization of local government in the Russian Federation and the legal formalization of the territorial organization taking into consideration the existing historical experience of the development of the state and the needs of modern life. The problems of territorial organization of local government is examined using the example of the territorial organization of Khabarovsk region. The author studies the tendencies towards making larger municipal entities and the gaps in law. The author proposes ways to bridge such gaps. Dialectic research method, historical method, analytical, deduction and induction methods, and the statistical research method. To resolve the issues related to the territorial organization of local government, it is necessary to adopt a federal law on the general principles of territorial organization of local government. This law should establish the general legal principles of the status, types and procedure for the creation, abolishment of administrative entities – rural and urban localities, town, regions and other units, give a general definition of urban and rural areas, provide the criteria for classifying territories according to the density of their population (high, medium, low), identify the general method for classifying localities as remote or difficult to reach. In the Federal Law ‘On General Principles of Territorial Organization of Local Government in the Russian Federation’, it is necessary to define the notion of the borders of municipal entities, the procedure of their description an delineation because the borders are currently of economic nature and their exact location will affect the flow of funds to the local budget. Also, it is necessary to define more detailed criteria for assigning the status of an urban district to the urban locality. It appears that these criteria should be based on a certain population, take into account walking and transport accessibility for the inhabitant of the localities which may be included in the urban district, at what distance city localities may be. The existing legal regulation results in the fact that certain urban districts include many localities and repeat the territorial organization of municipal districts thus depriving the population of the villages and settlements of the opportunity to exercise the guaranteed right to local government.