Abstract: The research subject of this article is the current question of demilitarization of the penal enforcement system of the Russian Federation. The objective of this work is provide a comprehensive analysis of various aspects of the demilitarization of the penal enforcement system, give a definition for this concept, identify the problematic questions related to its implementation and to suggest methods for their resolution. The author gives the view of the historical formation of the punishment execution system in Soviet Russia in the form of a militarized organization. It is shown that various sources name gradual demilitarization as one of the directions of improving the penal enforcement system in the current situation. During his work, the author relied on the modern research methods identified and developed by legal theory and tested out by legal practice. To name a few, when analyzing the research subject, he used the specific scientific methods: historical, logical, linguistic, systematic and structural and comparative legal methods. The scientific novelty is due to the fact that this is one of the first works devoted to the comprehensive analysis of the demilitarization of the penal enforcement system of the Russian Federation. The scientific research performed enabled the author to give, on the basis of the analysis of the demilitarization covered in literature, legal and conceptual documents, experience of it implementation in the penal enforcement system and in other types of militarized service in Russia, a wording for its definition and suggest separating out, within the structure of institutions, authorities and pretrial detention facilities of the Russian Federal Service for Execution of Punishment, division of penitentiary police. In this work, the demilitarization of the penal enforcement system is considered three major changes: 1) not building individual divisions, services of institutions and bodies of the penal enforcement system as a state militarized organization: 2) giving up certain law enforcement functions typical of state militarized organizations; 3) not forming the public service in the penal enforcement system as a type of military service. As a result of this research, the author makes the conclusions that certain measures aimed at demilitarizing the penal enforcement system in Russia were taken in the 90s of the 20th century and further steps need to be implemented gradually, in a phased manner. Demilitarization requires great attention because foreign and Russian experience shows that it may result in some negative consequences.

Keywords: demilitarization, penal enforcement system, Russian Federal Service for Execution of Punishment, militarized service, militarized civil servants, state militarized organizations, employees of penal enforcement system, deattestation, penitentiary police, penitentiary policemen.

DOI: 10.7256/2454-0595.2014.12.13620

DOI: 10.7256/2454-0595.2014.12.65806

Abstract: This article considers the problem of the extent of the administrative influence on business cause by the conflict between the requirement for state regulation of entrepreneurial activities in public interest, on the one hand, and the necessity to provide business entities with the sufficient freedom for achieving efficiency in entrepreneurial activities, on the other hand. The author examines the measures taken by the government to reduce the administrative intervention in the entrepreneurial activities. The objective is to analyze the administrative-law instruments used to identify and remove the administrative barriers: evaluate the regulation impact and expert review of the laws and regulations in order to identify the provisions unreasonably obstructing entrepreneurial and investment activities and describe their defects inhibiting effective identification and removal of administrative barriers. Methodological basis for this research is the general scientific and the specific scientific research methods. The general scientific methods include dialectical, methods of comparative and systematic analysis, generalization, formal logic. The special legal methods used when writing this article: comparative legal and formal legal. On the basis of the analysis of the administrative-law tools used nowadays to identify and remove the administrative barriers to entrepreneurial activities, taking into consideration the experience of OECD member states, the author suggests ways to improve the regulative impact and expert review of the laws and regulations in order to identify the provisions unreasonably obstructing entrepreneurial and investment activities, which ways of improvement will make them more efficient.

Keywords: administrative barriers, removal of administrative barriers, regulation of entrepreneurial activities, excessive administrative impact, criteria of excessiveness of requirements, mechanism of removal of barriers, monitoring of law enforcement, evaluation of regulatory impact, reform of regulatory policy, expert review of laws and regulations.

DOI: 10.7256/2454-0595.2014.12.13494

DOI: 10.7256/2454-0595.2014.12.65807

Abstract: Empowering business entities is one of the key problems of developing competition on various products markets unitary enterprises of different levels receive certain preferences from the government, thus obtaining full control over their respective product markets without making any effort to create a high-quality product that the consumer needs. However, starting with the first attempts to reform the public and municipal property management system made in 1999, the situation has not changed much. Currently, in order to increase the competition and to create equal opportunities for all the business entities, it is necessary to abolish such entities, except certain specific sectors access to which must be limited for the country’s security reasons. To do that, it is necessary to make the required changes to the legislation because for over twenty years the work of such companies did not just low down the economic development but also resulted in significant violations of the constitutional provisions on the support of competition and prevention of economic activities aimed at monopolization and bad-faith competition. The methodological basis for this research is made up from general scientific and specific scientific methods of research in to social processes. In this research, the author used the systematic and structural, comparative legal, historical, logical, formal legal approaches, their application enabled the author to examine the above problem in its entirety, comprehensively and objectively. Despite the reducing number of such enterprise, at this time the number of violations of anti-monopoly laws by such entities has grown. The sectors where their influence was especially negative are utilities, transport and public parks and gardens, personal and consumer services, funeral arrangements, i.e. the sectors which require obtaining approvals and permits. Up until now, the inefficient management of the public and municipal assets by unitary enterprises prevents private entities from entering certain markets.

Keywords: Competition, state unitary enterprises, municipal unitary enterprises, market economy, anti-monopoly regulation, product markets, public property, utility services, reforms, violations of anti-monopoly legislation.

DOI: 10.7256/2454-0595.2014.12.13424

DOI: 10.7256/2454-0595.2014.12.65808

Abstract: This article considers legal means of exercising individuals’ rights to industrial safety in situations of illegal enterprise. The authors also analyze the difficulties which arise in a situation of illegal enterprise when any workplace accidents occur. In such cases, if the physical person is not registered as a n individual entrepreneur or no legal entity is registered, the public relationship concerning the industrial safety are not created, which, undoubtedly, prejudices the rights of individuals and hinders the correct classification of crimes. Methodologically, this article is based on modern achievements in research theory. In this research, the author used the theoretical, generally 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.). As was noted in the article, the complex problem of industrial safety must be, the authors believe, resolved by introducing a relevant provision in the laws and regulations concerning entrepreneurial activities. In particular, to fix the status of “illegally established legal entity” and if “persons illegally performing entrepreneurial activities”. This rule with make it possible to implement individual’s legal remedies in case is they carry out any production activities in the situation of illegal enterprise.

Keywords: means, labor, safety, law, entrepreneur, activities, protection, commerce, status, control.

DOI: 10.7256/2454-0595.2014.12.13615

DOI: 10.7256/2454-0595.2014.12.65809

Abstract: This article examines the legal nature, essential qualities and the legal rules governing the matters related to the substation for detention. Detention as a method for support for proceedings in administrative cases should be differentiated from administrative coercion measures which are not associated with committing an offence and are of preventive nature. This is a measure that supports the proceedings in administrative cases in its legal nature which is defined by their objectives, it is not a sanction but a support measure of coercion which the help of which the required flow of proceedings is ensured. Methodologically, this article is based on the general scientific research methods, such as systematic analysis, comprehensive approach, comparative legal, formal logic, systematic and structural, formal legal, legal and technical research methods. the author notes that the definition of this support measure for administrative proceedings does not fully take into consideration all of its essential characteristics. Due to the above, the definition of the support measure for administrative proceedings which is a complex administrative-law phenomenon, may only be possible on the basis of establishing its inherent attributes. The author underlines that what remains unchanged is the provision that the restrictions on human rights and freedoms which are allowed under the Russian Constitution should be commensurate in the contents and volume to the interests being protected and correspond to the general goals, objectives and principles of applying detention as a measure to support the proceedings in administrative cases.

Keywords: measure to support proceedings, administrative offence, legislation, term, code, rights and freedoms, person, grounds for administrative responsibility, detention, procedural act.

DOI: 10.7256/2454-0595.2014.12.13331

DOI: 10.7256/2454-0595.2014.12.65810

Abstract: This article examines the legal responsibility for violating tax law of the Russian Federation. The work analyses the uses of the systematic approach for studying this legal phenomenon on the basis of which legal responsibility appears to us as a system with its structure and functionalities. This system is described as a “corporeal” structure which is a way of uniting the elements of relatively table subjects and which is typical of the summative system of specific types of legal responsibility and, secondly, the “process” structure – the order of the temporal phases of the processes typical of dynamic systems with parameters changeable with time. The author uses the systematic approach, namely: first, the theory of functional systems developed by P. Anokhin, and second, the theory of dynamic systems, in research of legal phenomena. This article demonstrates the theoretical model of administrative responsibility, on the first level it is represented as a subsystem in the functional system of legal responsibility which makes it possible to define its scope of application, coordination and management connections with the criminal and tax responsibility by separating out a focused useful effect, and on the second level, as a two-stage ongoing process reflecting its contents. This model has a methodological function due to being an important stage is developing specific problems of sector-related types of responsibility, in particular, n tax law, and open ways to their practical improvement.

Keywords: systematic approach, administrative responsibility, functional system, tax responsibility, focused useful effect, tax system, Code of Administrative Offences of the Russian Federation, Tax Code of the Russian Federation, criminal responsibility, legal responsibility.

DOI: 10.7256/2454-0595.2014.12.12735

DOI: 10.7256/2454-0595.2014.12.65811

Abstract: This article is devoted to research into political and legal aspects of the administrative reform carries out by the leadership of China since 2012. It points out the key objectives of the reform, which are reduction of administrative authorities and the number of their staff, reduction ad simplification of authorization procedures, and delegation of some powers to local executive authorities. The objective of the administrative reform is not only reduction of the costs of maintaining the administrative staff, reduction of the number of authorization procedures and administrative barriers, but, most importantly, support for the economic transformation carried out in the country. To achieve that, the procedure of opening and further developing small and medium-sized business in China is seriously simplified, barriers to sourcing investment into the country’s economy are removed. In incomplete two years of reform in China, the special economic zone was open in Shanghai, hundreds of authorization procedures were abolished, the number of administrative staff was reduced. All this has the most positive effect on the social and economic development and internal political stability of China. The article uses the comparative legal method, formal logic, historical legal and special legal method. It analyses the specifics of the administrative reform in China. The scientific novelty of this research is in the analysis of the administrative reform carried out in China through the lens of the political and legal aspects. It makes the conclusion that reduction of administrative barriers, the number of authorization procedures makes it possible for the Chinese entrepreneurs to get more actively involved in the economic life of the country, open and develop their businesses, which greatly increases employment levels, thus soothing down the social tension in the society. Reduction of the number of ministers and administrative staff significantly reduced the financial burden of the central and local budgets.

Keywords: administrative reform, politics, legal system, administrative law, Chinese law, comparative legal science, combat against corruption, administrative barriers, legislation, executive authority.

DOI: 10.7256/2454-0595.2014.12.13613

DOI: 10.7256/2454-0595.2014.12.65812

Abstract: This article considers the matters related to the activities of public authorities acting as legal entities. It reflects the specific features of their functioning as participants of civil-law relationship when implementing public-law powers. The work analyses various approaches to regulating the participation of public regional entities and their bodies in civillaw relationships in Russia and other countries. It researches into the rules of law and local regulations on the status of the public authorities as legal entities. It also considers the practice of vesting with rights of legal entities of public regional bodies in general and some of its bodies. Methodologically, this article is based on the modern achievements of the research theory. In this research, the author used theoretical, general philosophical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), conventional legal methods (formal logic) and the methods used in specific sociological research (statistical, expert review etc.). The article identifies the common characteristics and peculiarities of public authorities. It also, in the comparative legal respect, touches upon the matters associated with the attributes of responsibility of public authorities as legal entities in Russia and in other countries, including criminal responsibility. Public authorities (of various territorial levels in federative states and local (municipal)), when exercising their public-law functions in Russia and abroad, often become the subjects of private-law relationships.

Keywords: power, public, competence, management, private, position, function, education, attitude, self-government.

DOI: 10.7256/2454-0595.2014.12.12692

DOI: 10.7256/2454-0595.2014.12.65813

Abstract: This article considers the legal and organizational aspects of improving the efficiency of police of foreign countries in the form of procuring the rights and freedoms of individuals in the sphere of internal affairs while giving some attention to the number of legal and organizational problems which must be resolved in order to increase the efficiency and procure the most appropriate mode of operation of police in procuring the rights and freedoms of individuals. Improvement of the efficiency of Russian police, in the direction under consideration, will make it possible to improve the quality of all of the police work and will contribute to overall growth of the legality and discipline in the work of policemen. . Methodologically, this article is based on the modern achievements of the research theory. In this research, the author used theoretical, general philosophical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), conventional legal methods (formal logic) and the methods used in specific sociological research (statistical, expert review etc.). Without the regulatory and protective aspects of administrative law it is impossible to imagine the work of the law enforcement authorities whose objective is to procure public safety, protect public order ad protect and defend the rights and lawful interests of the public. Administrative law as a branch of legal regulation makes it possible to unite various orders providing a flexible and systematic way of influencing different public relationships regardless of where they are formed.

Keywords: rights, person, citizen, protection, procurement, police, policeman, guarantee, responsibility, influence.

DOI: 10.7256/2454-0595.2014.12.12693

DOI: 10.7256/2454-0595.2014.12.65814

Abstract: In order to improve the mechanism of implementing the administrative-law rules, it is necessary to provide administrative support for the relevant aspect o work of Russian police. In this regard, the author believes that it is necessary to adopt a certain regulation defining the following: the scope of public services provided by the Russian Ministry for Internal Affairs to physical and legal entities; the list of administrative proceedings performed in within the competence of internal affairs bodies (police). This approach could contribute to understanding and disclosing the essence of the administrative-law work carried out by the police. In this research, the author used theoretical, general philosophical methods, conventional legal methods and the methods used in specific sociological research. The article notes that it is currently important to approve the forms of process documents made by the policemen during their administrative-law work. The solution would rule out the free-form approach to preparing a whole number of process documents in administrative cases, in cases on complaints and in various administrative procedures.

Keywords: process, procedures, proceedings, stage, participant, police, jurisdiction, protocol, act, influence.

DOI: 10.7256/2454-0595.2014.12.13627

DOI: 10.7256/2454-0595.2014.12.65815

Abstract: This article deals with the legal basis for the performance of customs control after release of goods. It presents the classification of the sources of administrative-law regulation of custom control after release of goods depending on the level of adoption of such regulation: 1) international; 2) level of regional integration associations; 3) national. The international level I represented by Kyoto convention, provisions of the Customs Code of the Customs Union and other international treaties ratified by the Russian Federation. Totally new for Russia, the law of regional international associations is reflected in the Resolutions of the Eurasian Economic Commission. In this research, the author used the method of systematic analysis (research if the sources on legal regulation of further control) and selection and detailed analysis of certain provisions of laws and regulations, and scientific articles. The author makes the conclusion that despite the fact that customs regulation has sopped being strictly national ad to a large extent has become international, administrative law plays the principal role in exercising customs control after the release of goods – it provides the mechanisms for implementing the rules of international law in the Russian Federation.

Keywords: customs control, administrative-law regulation, Customs Union, customs regulation, Kyoto Convention, regional integration associations, Code of Administrative offences of the Russian Federation, FZ No. 311, sources of law.

DOI: 10.7256/2454-0595.2014.12.13469

DOI: 10.7256/2454-0595.2014.12.65816

Abstract: In the Russian federation, there are different types of guarantees for citizens’ rights. Some of the most important guarantees are financial guarantees of citizens’ rights, they are the subject matter of research in this article. The author carries out the analysis using the example of two most important rights: the right to education and right to free medical services. The article identifies the differences with the legislative provision for such rights and their practical implementation in the every-day lives of Russian citizens. Specific examples are given if situations when implementation of such rights is made very difficult or impossible. The methodological basis for this research is formed by such methods as systematic analysis, structural and functional, and technical and legal, statistical, comparative legal methods pursuant to which the public relationships are viewed which are created in the process of legal regulation of the financial security for the rights of a persona and citizen in the Russian Federation. The scientific novelty of the article is due to the comprehensive analysis of the financial guarantees for such important human rights as the right to education and the right to free medical services. For the first time, the author identifies the problems of implementation of these rights from the point of view of their financial guarantees and offers ways to solve the problems identified by making changes to the laws and improving the work of various public structures.