DOI: 10.7256/2454-0595.2016.10.20760

Abstract: On the base of systematization of the previous approaches to the problem, the authors attempt at analyzing the concept and the essence of the administrative regulation mechanism. The authors describe the existing general theoretical and special approaches to defining the concepts “legal regulation mechanism”, “administrative legal regulation mechanism”, helping develop a unified authors’ definition of the concept under consideration. The authors detect and characterize the specific features of the administrative legal regulation mechanism: compulsory legal consolidation; a specific purpose; a system and a complex character; a special structure and connection with legal procedures. The authors apply various general scientific methods of scientific cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The study has both general theoretical and conceptual character; it is a complex interdisciplinary study aimed at developing the general theory of legal mechanisms and defining the specificity of the administrative legal regulation mechanism. The authors compare scientific approaches to the understanding of the concept and the essence of the “administrative legal regulation mechanism” category, develop and demonstrate its unified definition, detect and describe its specific features. 

Keywords: legal regulation object, special structure, system character, complex character, specific purpose, legal procedure, legal means, state mechanism, legal regulation mechanism, legal mechanism

DOI: 10.7256/2454-0595.2016.10.68250

Abstract: On the base of systematization of the previous approaches to the problem, the authors attempt at analyzing the concept and the essence of the administrative regulation mechanism. The authors describe the existing general theoretical and special approaches to defining the concepts “legal regulation mechanism”, “administrative legal regulation mechanism”, helping develop a unified authors’ definition of the concept under consideration. The authors detect and characterize the specific features of the administrative legal regulation mechanism: compulsory legal consolidation; a specific purpose; a system and a complex character; a special structure and connection with legal procedures. The authors apply various general scientific methods of scientific cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The study has both general theoretical and conceptual character; it is a complex interdisciplinary study aimed at developing the general theory of legal mechanisms and defining the specificity of the administrative legal regulation mechanism. The authors compare scientific approaches to the understanding of the concept and the essence of the “administrative legal regulation mechanism” category, develop and demonstrate its unified definition, detect and describe its specific features. 

Keywords: legal regulation object, special structure, system character, complex character, specific purpose, legal procedure, legal means, state mechanism, legal regulation mechanism, legal mechanism

DOI: 10.7256/2454-0595.2016.10.20309

Abstract: The article considers the ideals and the legal aspects of the technologies, used in public hearings, which are the contemporary form of Russian municipal deliberative democracy. The author studies the state of conceptual, historical and legal grounds of public hearings as a form of an institutionalized dialogue, rational discourse, discussion, persuasion, argumentation and compromises between municipal authorities and local communities. Taking into account the practice of public hearings in different Russia’s municipalities, the author considers the corresponding basic ideas and problems of their organization; studies the legal aspects of technical problems, which can appear during public hearings; offers the ways to improve this public institution and forecasts the priority directions of its development. The study is carried out within the scientific project No 16-03-50015 of Russian Fund for the Humanities. The author derives from the presumption that the functioning of deliberative democracy should be based on the fundamental principles of the thousand-year practice of Russian social institutions. The author analyzes the logics and patterns of their development and the historical forms of Russian deliberative democracy (Veche, Kopa, Krug (meeting), zemsky sobor), which had been based on common principles of organization and realization. Based on the results of this analysis, the author attempts at analyzing their closest modern analog and formulating the proposals about the improvement of the current statutory framework of public hearings. The author outlines the following practical recommendations: It is necessary to extend the variations of forms of public hearings It might be reasonable to legislate the grounds for the refusal of public hearings organization It is necessary to regulate the grounds for second public hearings on the same question It might be reasonable to limit the representation of municipal and public officers in public hearings commissions It is necessary to distinguish between the concepts of the right to participate in public hearings and the right to speak in public hearings, and to assign the priority right to speak to the citizens of the municipal entity, representing the significant territorial, social or professional groups of local population, widely supported and respected. Based on the public hearings practice, it might be reasonable to legislate the rules of defining the time and the place of public hearings. It is necessary to prohibit the organization of public hearings on several issues or objects, located in different parts of the municipal entity, at the same time, by the same participants. It might be reasonable to legislate the prohibition of voting on the issues, brought up for public hearings, aimed at defining the results of public hearings in the form of recommendations, reflecting the opinion of the majority of the participants of public hearings. It is necessary to formalize and clarify the reasons for the results of public hearings regarding or ignoring by local authorities or officials. 

Keywords: organization of public hearings, forms of local government, technologies of public hearings, municipal dialogue, local government, ideals of public hearings, public hearings, deliberative democracy, practice of public hearings, development of public hearings

DOI: 10.7256/2454-0595.2016.10.68251

Abstract: The article considers the ideals and the legal aspects of the technologies, used in public hearings, which are the contemporary form of Russian municipal deliberative democracy. The author studies the state of conceptual, historical and legal grounds of public hearings as a form of an institutionalized dialogue, rational discourse, discussion, persuasion, argumentation and compromises between municipal authorities and local communities. Taking into account the practice of public hearings in different Russia’s municipalities, the author considers the corresponding basic ideas and problems of their organization; studies the legal aspects of technical problems, which can appear during public hearings; offers the ways to improve this public institution and forecasts the priority directions of its development. The study is carried out within the scientific project No 16-03-50015 of Russian Fund for the Humanities. The author derives from the presumption that the functioning of deliberative democracy should be based on the fundamental principles of the thousand-year practice of Russian social institutions. The author analyzes the logics and patterns of their development and the historical forms of Russian deliberative democracy (Veche, Kopa, Krug (meeting), zemsky sobor), which had been based on common principles of organization and realization. Based on the results of this analysis, the author attempts at analyzing their closest modern analog and formulating the proposals about the improvement of the current statutory framework of public hearings. The author outlines the following practical recommendations: It is necessary to extend the variations of forms of public hearings It might be reasonable to legislate the grounds for the refusal of public hearings organization It is necessary to regulate the grounds for second public hearings on the same question It might be reasonable to limit the representation of municipal and public officers in public hearings commissions It is necessary to distinguish between the concepts of the right to participate in public hearings and the right to speak in public hearings, and to assign the priority right to speak to the citizens of the municipal entity, representing the significant territorial, social or professional groups of local population, widely supported and respected. Based on the public hearings practice, it might be reasonable to legislate the rules of defining the time and the place of public hearings. It is necessary to prohibit the organization of public hearings on several issues or objects, located in different parts of the municipal entity, at the same time, by the same participants. It might be reasonable to legislate the prohibition of voting on the issues, brought up for public hearings, aimed at defining the results of public hearings in the form of recommendations, reflecting the opinion of the majority of the participants of public hearings. It is necessary to formalize and clarify the reasons for the results of public hearings regarding or ignoring by local authorities or officials. 

Keywords: organization of public hearings, forms of local government, technologies of public hearings, municipal dialogue, local government, ideals of public hearings, public hearings, deliberative democracy, practice of public hearings, development of public hearings

DOI: 10.7256/2454-0595.2016.10.20411

Abstract: The article considers the issues of legal regulation of municipal land control, reveals the contradictions of the federal legislation, describes the peculiarities of prosecutor’s supervision over the observance of entrepreneurs’ rights by the municipal control agencies. The analysis of the published studies shows that so far, the issues of prosecutor’s supervision over the observance of entrepreneurs’ rights by municipal control agencies with account for the peculiarities of organization of such control in the context of the changed legislative regulation, haven’t been studied. The research methodology is based on the general scientific dialectical method of cognition; the author applies the system-structural, logical analysis and the comparative method. The author concludes that legislative novels should initiate the changes in law enforcement practice. In the context of the current legal instruments, prosecutor’s supervision in land control should include the issues of legality of assigning control functions to local authorities. 

Keywords: powers, supervision object, supervision organization, municipal control, protection of the rights of entrepreneurs, prosecutor's supervision, prosecutor, contradictions in legislation, land control, economic agent

DOI: 10.7256/2454-0595.2016.10.68252

Abstract: The article considers the issues of legal regulation of municipal land control, reveals the contradictions of the federal legislation, describes the peculiarities of prosecutor’s supervision over the observance of entrepreneurs’ rights by the municipal control agencies. The analysis of the published studies shows that so far, the issues of prosecutor’s supervision over the observance of entrepreneurs’ rights by municipal control agencies with account for the peculiarities of organization of such control in the context of the changed legislative regulation, haven’t been studied. The research methodology is based on the general scientific dialectical method of cognition; the author applies the system-structural, logical analysis and the comparative method. The author concludes that legislative novels should initiate the changes in law enforcement practice. In the context of the current legal instruments, prosecutor’s supervision in land control should include the issues of legality of assigning control functions to local authorities. 

Keywords: powers, supervision object, supervision organization, municipal control, protection of the rights of entrepreneurs, prosecutor, contradictions in legislation, land control, economic agent

DOI: 10.7256/2454-0595.2016.10.20467

Abstract: The research subject is the set of provisions on government services, contained in the statutory instruments of executive bodies of Krasnoyarski krai, Kemerovo region and the Republic of Khakassia. The author studies administrative regulations on government services and the official resources of public authorities, where these regulations can be found. The author considers the “government service” concept and describes the criteria of its distinguishing from the public function, based on the federal legislation and theoretical materials. The author applies the comparative-legal and formal-legal research methods, analysis, synthesis and the statistical method. On the base of the analysis of administrative regulations of government services and the acquired statistical data, the author formulates the basic problems and detects the typical drawbacks of government services regulation. The author offers the ways to avoid such drawbacks in the future. 

Keywords: constituent territory of the federation, multiservice center, interdepartmental interaction, Siberian Federal District, executive body, public function, government service, public administration, administrative regulation, administrative reform

DOI: 10.7256/2454-0595.2016.10.68253

Abstract: The research subject is the set of provisions on government services, contained in the statutory instruments of executive bodies of Krasnoyarski krai, Kemerovo region and the Republic of Khakassia. The author studies administrative regulations on government services and the official resources of public authorities, where these regulations can be found. The author considers the “government service” concept and describes the criteria of its distinguishing from the public function, based on the federal legislation and theoretical materials. The author applies the comparative-legal and formal-legal research methods, analysis, synthesis and the statistical method. On the base of the analysis of administrative regulations of government services and the acquired statistical data, the author formulates the basic problems and detects the typical drawbacks of government services regulation. The author offers the ways to avoid such drawbacks in the future. 

Keywords: constituent territory of the federation, multiservice center, interdepartmental interaction, Siberian Federal District, executive body, public function, government service, public administration, administrative regulation, administrative reform

DOI: 10.7256/2454-0595.2016.10.20555

Abstract: The research subject is the Soviet legislation, which had regulated the peculiarities of imposition of administrative sanctions on persons with special legal status. The research object is social relations, regulated by that legislation, with special attention to the activities of prosecutors, responsible for administrative prosecution of persons with special legal status. The author analyzes the evolutional aspects of such legislation development, assesses the positive and negative sides of legal regulation in that period. The main research method is the historical method, connected with the understanding of the peculiarities of legal regulation of the procedures of administrative prosecution of persons with special legal status. Besides, the author compares the corresponding norms and provisions of the current legislation. The author concludes that the legislation, regulating the peculiarities of imposition of administrative sanctions on the persons with special legal status, started forming in the late 1960s, and by the end of the Soviet period in 1991 it had contained a wide range of legislative provisions, guaranteeing special conditions of administrative prosecution of several categories of persons with special legal status. 

Keywords: petition by a public prosecutor , special legal status, legislation, administrative prosecution, administrative offence, administrative responsibility, imposition of sanctions, prosecutor, agreement, court order

DOI: 10.7256/2454-0595.2016.10.68254

Abstract: The research subject is the Soviet legislation, which had regulated the peculiarities of imposition of administrative sanctions on persons with special legal status. The research object is social relations, regulated by that legislation, with special attention to the activities of prosecutors, responsible for administrative prosecution of persons with special legal status. The author analyzes the evolutional aspects of such legislation development, assesses the positive and negative sides of legal regulation in that period. The main research method is the historical method, connected with the understanding of the peculiarities of legal regulation of the procedures of administrative prosecution of persons with special legal status. Besides, the author compares the corresponding norms and provisions of the current legislation. The author concludes that the legislation, regulating the peculiarities of imposition of administrative sanctions on the persons with special legal status, started forming in the late 1960s, and by the end of the Soviet period in 1991 it had contained a wide range of legislative provisions, guaranteeing special conditions of administrative prosecution of several categories of persons with special legal status. 

Keywords: petition by a public prosecutor, special legal status, legislation, administrative prosecution, administrative offence, administrative responsibility, imposition of sanctions, prosecutor, agreement, court order

DOI: 10.7256/2454-0595.2016.10.20146

Abstract: The article considers the issues of administrative responsibility for the violation of the rules of stay in the Russian Federation for foreign citizens. The author notes that the problem of migration is very significant in modern Russia. To ensure law and order in the sphere of migration, the measures of administrative coercion are widely used, particularly, the measures of administrative responsibility. Law enforcement practice has revealed the problem of existence of various approaches to the imposition of administrative responsibility on Russian citizens, married to foreign citizens (article 18.9 “Violation of entry regulations or rules of stay in the Russian Federation by a foreign citizen or a stateless person” of the Administrative Offences Code of the Russian Federation), and Russian citizens, married to Russian citizens (article 19.15.1.”Residence of a citizen of the Russian Federation at a place of stay or a place of residence without a registration” of the Administrative Offences Code of the Russian Federation). This difference is of a discriminatory nature; it contradicts the provisions of the International Covenant on Civil and Political Rights and the Family Code of the Russian Federation. The legislator should make efforts to eliminate this difference. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical) and the special methods of sociology (statistical methods, expert assessments, etc.). The author concludes that at present, it is necessary to improve legal and organizational grounds of realization of administrative responsibility measures in the sphere of migration. The author concludes about the necessity to improve the quality of migration policy implementation in the Russian Federation. 

Keywords: migration policy, responsibility, punishment, deportation, exclusion, migration, problem, foreign citizen, coercion, rule

DOI: 10.7256/2454-0595.2016.10.68255

Abstract: The article considers the issues of administrative responsibility for the violation of the rules of stay in the Russian Federation for foreign citizens. The author notes that the problem of migration is very significant in modern Russia. To ensure law and order in the sphere of migration, the measures of administrative coercion are widely used, particularly, the measures of administrative responsibility. Law enforcement practice has revealed the problem of existence of various approaches to the imposition of administrative responsibility on Russian citizens, married to foreign citizens (article 18.9 “Violation of entry regulations or rules of stay in the Russian Federation by a foreign citizen or a stateless person” of the Administrative Offences Code of the Russian Federation), and Russian citizens, married to Russian citizens (article 19.15.1.”Residence of a citizen of the Russian Federation at a place of stay or a place of residence without a registration” of the Administrative Offences Code of the Russian Federation). This difference is of a discriminatory nature; it contradicts the provisions of the International Covenant on Civil and Political Rights and the Family Code of the Russian Federation. The legislator should make efforts to eliminate this difference. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical) and the special methods of sociology (statistical methods, expert assessments, etc.). The author concludes that at present, it is necessary to improve legal and organizational grounds of realization of administrative responsibility measures in the sphere of migration. The author concludes about the necessity to improve the quality of migration policy implementation in the Russian Federation. 

Keywords: migration policy, responsibility, punishment, deportation, exclusion, migration, problem, foreign citizen, coercion, rule

DOI: 10.7256/2454-0595.2016.10.20530

Abstract: The article reveals the process of formation of administrative judicial law in the Russian Federation. This process is inextricably connected with the realization of the constitutional provision on administrative legal proceedings as one of the forms of realization of judicial authority. In this context, the recodification of the current procedural legislation and the adoption of the Administrative Procedure Rules in 2005 were among the most important conditions of the formation of administrative judicial law. The author concludes that the adoption of the Administrative Procedure Rules leads to the establishment of a new paradigm of administrative justice in Russia, to the formation of independent administrative legal proceedings. The author considers the problem of the administrative judicial law system as a forming branch of law. The author defines the administrative judicial law structuring criteria. The author concludes about the importance of the Administrative Procedure Rules which had legitimated the administrative judicial law fundamentals, corresponding with the standards of the rule-of-law state. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to establish the administrative justice institution, many things should be done, particularly, it is necessary to improve the quality of various administrative and procedural means of adjudication of cases. The author states the necessity to improve the procedural regulation of adjudication of administrative cases. 

Keywords: decision, adjudication, procedure, process, Constitution, justice, court, proceedings, power, law

DOI: 10.7256/2454-0595.2016.10.68256

Abstract: The article reveals the process of formation of administrative judicial law in the Russian Federation. This process is inextricably connected with the realization of the constitutional provision on administrative legal proceedings as one of the forms of realization of judicial authority. In this context, the recodification of the current procedural legislation and the adoption of the Administrative Procedure Rules in 2005 were among the most important conditions of the formation of administrative judicial law. The author concludes that the adoption of the Administrative Procedure Rules leads to the establishment of a new paradigm of administrative justice in Russia, to the formation of independent administrative legal proceedings. The author considers the problem of the administrative judicial law system as a forming branch of law. The author defines the administrative judicial law structuring criteria. The author concludes about the importance of the Administrative Procedure Rules which had legitimated the administrative judicial law fundamentals, corresponding with the standards of the rule-of-law state. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to establish the administrative justice institution, many things should be done, particularly, it is necessary to improve the quality of various administrative and procedural means of adjudication of cases. The author states the necessity to improve the procedural regulation of adjudication of administrative cases. 

Keywords: decision, adjudication, procedure, process, Constitution, justice, court, proceedings, power, law

DOI: 10.7256/2454-0595.2016.10.19972

Abstract: The research subject is legal regulation of the control functions of regional anti-corruption agencies. The purpose of the research is to systematize the control functions of regional anti-corruption agencies, to analyze their essence and to develop the proposals about the improvement of legal regulation of their activities. The study solves the following tasks: -         To reveal the essence of the control function of regional anti-corruption agencies; -         To detect, describe and systematize the main forms of control in the sphere of anti-corruption activities of these agencies; -         To define the main forms of public control, applied by regional anti-corruption agencies; -         To analyze legal regulation of control functions of regional anti-corruption agencies; -         To develop recommendations about the improvement of legal regulation and organization of anti-corruption control activities of regional anti-corruption agencies. The research methodology is based on dialectical materialism and the relevant general scientific research methods: analysis, synthesis, comparison and other methods, used in the legal sciences. The scientific novelty consists in the analysis and explanation of the control functions of regional anti-corruption agencies, description of their main forms, essence and main directions of their control activities. 

Keywords: anti-corruption legislation, anti-corruption control, legal regulation, corruption prevention, struggle against corruption, anticorruption policy, anti-corruption, Corruption, constituent territories of the federation, anti-corruption agency

DOI: 10.7256/2454-0595.2016.10.68257

Abstract: The research subject is legal regulation of the control functions of regional anti-corruption agencies. The purpose of the research is to systematize the control functions of regional anti-corruption agencies, to analyze their essence and to develop the proposals about the improvement of legal regulation of their activities. The study solves the following tasks: - To reveal the essence of the control function of regional anti-corruption agencies; - To detect, describe and systematize the main forms of control in the sphere of anti-corruption activities of these agencies; - To define the main forms of public control, applied by regional anti-corruption agencies; - To analyze legal regulation of control functions of regional anti-corruption agencies; - To develop recommendations about the improvement of legal regulation and organization of anti-corruption control activities of regional anti-corruption agencies. The research methodology is based on dialectical materialism and the relevant general scientific research methods: analysis, synthesis, comparison and other methods, used in the legal sciences. The scientific novelty consists in the analysis and explanation of the control functions of regional anti-corruption agencies, description of their main forms, essence and main directions of their control activities. 

Keywords: anti-corruption legislation, anti-corruption control, legal regulation, corruption prevention, struggle against corruption, anticorruption policy, anti-corruption, Corruption, constituent territories of the federation, anti-corruption agency

DOI: 10.7256/2454-0595.2016.10.20754

Abstract: The article considers the problems of the application of the composition of offences, introduced in 2013, and studies the issues of imposition of sanctions for fictitious residence or household registration of a citizen of the Russian Federation, fictitious residence registration of a foreign citizen or a stateless person, and fictitious household registration of a foreign citizen or stateless person. Due to the blanket nature of these provisions, the author reveals the content of their terminology. The author applies the set of general scientific and special research methods. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author concludes that, since this deed is qualified as a misdemeanor (the most severe punishment is up to 3 years’ imprisonment), the general incentive norm can be applied, which is provided by the part 1, article 75 of the Criminal Code of the Russian Federation (liberation form criminal responsibility upon active repentance). 

Keywords: criminal law, stateless person, foreign citizen , citizen, registration, fictitious registration, administrative law, responsibility, components of crime, housing accommodation

DOI: 10.7256/2454-0595.2016.10.68258

Abstract: The article considers the problems of the application of the composition of offences, introduced in 2013, and studies the issues of imposition of sanctions for fictitious residence or household registration of a citizen of the Russian Federation, fictitious residence registration of a foreign citizen or a stateless person, and fictitious household registration of a foreign citizen or stateless person. Due to the blanket nature of these provisions, the author reveals the content of their terminology. The author applies the set of general scientific and special research methods. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author concludes that, since this deed is qualified as a misdemeanor (the most severe punishment is up to 3 years’ imprisonment), the general incentive norm can be applied, which is provided by the part 1, article 75 of the Criminal Code of the Russian Federation (liberation form criminal responsibility upon active repentance). 

Keywords: criminal law, stateless person, foreign citizen, citizen, registration, fictitious registration, administrative law, responsibility, components of crime, housing accommodation