DOI: 10.7256/2454-0595.2017.1.20307

Abstract: The research subject is the administrative status of customs agencies as customs control subjects. The author pays attention to its complexity determined by the variety of functions and tasks implemented by customs agencies in the modern period. Administrative status of customs agencies is considered in the context of administrative reform in the sphere of public administration and integration processes in the post-Soviet space. Besides, the author takes into account the recent structural changes of the Federal Tax Service affiliation and its subordinance to the Ministry of Finance of the Russian Federation. The research method is the analysis of statutory instruments and scientific works in the studied sphere. The author emphasizes the complexity of the administrative status of customs agencies as customs control subjects determined by the variety of their functions; this complexity determines the structural and functional composition of the customs agencies system and their place within the executive authorities. 

DOI: 10.7256/2454-0595.2017.1.20446

Abstract: The research subject is the issues of legal and organizational regulation of territorial organization of local governance according to the Federal Law No 131. The research object is the issues of territorial organization of local governance in the Russian Federation at the present time. The author analyzes the current practice of territorial organization of local governance in the context of the recent introduction of a new type of municipal entity – an inner city. The scientific literature analysis helps define the key problems of legal regulation of territorial organization of local governance. The main attention is given to the development of unified legislative approaches to municipal units. The author applies general philosophical and theoretical methods (analysis, synthesis, system approach, analogy, induction and modeling) and traditional methods of jurisprudence (formal-logical). The author concludes that at the present time, the exhaustive list of municipal entities, proposed by the federal law, requires further improvement of approaches to their territorial organization aimed at uniformity ensuring. The author reveals the necessity to ensure the uniformity of criteria and approaches to municipal entities. The author develops the proposals about the further improvement of the legislation, particularly, he proposes the rule for the local issues of a rural settlement regulation and defines the additional criterial of inner cities distinguishing. 

DOI: 10.7256/2454-0595.2017.1.20458

Abstract: The research subject is one of the mechanisms of ensuring the rights of business entities in the procedure of government control and supervision over them, particularly the institution of objections against inspection certificates or orders to rectify violations. The author considers such aspects as the role and place of objections of the controlled object within the system of legal relations in the sphere of control and supervision, and its legal nature. Special attention is given to the objectivity principle of control and supervision activities. The research methodology is based on general scientific methods including system, comparative, statistical methods, analysis and synthesis. The scientific novelty of the study consists in the revelation of the essence of the institution of the controlled object’s objections in the context of the current administrative reform and in the analysis of its legal nature from the position of the general law theory and sectoral regulation. The author proposes the necessary changes to the current legislation which could help improve the controlled objects’ guarantees and increase the effectiveness of the control and supervision system. 

DOI: 10.7256/2454-0595.2017.1.21319

Abstract: The paper studies the specificities of career progression in civil service in the Russian Federation. The article contains the author’s opinion about the problems of legal regulation of relations in the field of career progression of civil servants in the Russian Federation. The paper contains the results of the sociological research, carried out in 2016, confirming the author’s position on the considered problem of career progression of civil servants in the Russian Federation. Based on the analysis of the legislation in the sphere of civil service, the author formulates the principles of career progression in civil service. The research methodology includes the empirical method based on the sociological research results, their analysis and the subsequent proposals. The article demonstrates the author’s position on the issue of career progression of civil servants in the Russian Federation; contains the proposals about the career progression of civil servants and the author’s conclusions. 

DOI: 10.7256/2454-0595.2017.1.20024

Abstract: The research subject is the legal instruments regulating the activities of customs agencies and aiming at customs payments collectability increase. The research subject is legal relations appearing in the process of application of customs legislation by customs agencies. This study is of a particular importance due to the fact of customs payments collectability reduction and the inefficient work of customs agencies aimed at transferring the managed sums to the budget in the context of the foreign trade volume reduction. The author focuses on the most important legal measures, offers the ways to settle the problem situations and formulates the conclusions. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, normative-logical and comparative). The author analyzes customs payments transfers to the budget and notes the aggressive reduction of the customs payments transfers share within the country’s budget structure. The author offers to change the approaches to measures aimed at customs collectability increase: adaptation to the established judicial practice; three years’ limitation of tax overpayment refunding; elimination of duplication of control over VAT collection on the part of tax and customs agencies. 

DOI: 10.7256/2454-0595.2017.1.21522

Abstract: The problems of legal regulation of contract procedure in the sphere of public-private partnership consist in the absence of the theory of contract execution in the administrative order and the inconsistency of legislation in the field of application of the procedure of execution of government contracts, concessions and other investment agreements. For the purpose of filling these gaps in the Russian legislation, the author studies the legal essence of the contract procedure in the sphere of public-private partnership. The research methodology is based on the method of comparative-legal analysis of structural problems of legislative inconsistencies and the formal-legal method. The author particularizes the elements of administrative contract procedure in the sphere of public-private partnership and the gaps in the Russian legislation regulating the procedure of execution of contracts, concessions and other investment agreements (for example, the absence of common and specific criteria of choosing the counterparty in contract execution). To eliminate these gaps, the author proposes the measures of unification and harmonization of the legislation in the sphere of public-private partnership in respect of private counterparty competition. 

DOI: 10.7256/2454-0595.2017.1.21626

Abstract: The research subject is legal provisions regulating the sphere of drug abuse. The research object is social relations in the sphere of illegal use of narcotic and psychotropic substances and their precursors. The author considers the problems of legal regulation of abuse of drugs, psychotropic substances and their precursors. Special attention is given to the struggle for the reduction of offences specified in the article 6.9 of the Code of Administrative Offences of the Russian Federation and to the study of foreign experience of organization of government influence on drug abuse. The research is based on special methods of jurisprudence including the comparative-legal method, legal statistics and psychology. The author reveals the necessity to develop the mechanisms of encouraging the users of drugs, psychotropic substances and their precursors to treatment, prophylaxis and rehabilitation. Thus, the government should regulate the procedure of organization of such help for drug addicts and introduce the public guarantees system. 

DOI: 10.7256/2454-0595.2017.1.21505

Abstract: The research subject is the system of various statutory instruments regulating the possibility and legality of the internal affairs bodies’ decisions on the undesirability of residence of foreign nationals in the Russian Federation. The author considers the problem from the position of internal affairs bodies participation in the process of migration regulation and state security provision via control and supervision mechanisms in the considered sphere. The research is based on the analysis of the current Russian legislation, detection of its gaps, prognostication of the related problems and defining the directions of improvement of particular legal provisions in the considered context. The author, on the one hand, detects and systematizes the key statutory instruments in this sphere in respect of internal affairs bodies, and on the other hand, particularizes the existing legislative gaps. This issue hasn’t been studied in the context of internal affairs bodies’ activities so far. 

DOI: 10.7256/2454-0595.2017.1.20456

Abstract: The research subject is the right to judicial protection as a multi-dimensional and complex right. The right to judicial protection, which has initially formed as a constitutional right, is now transforming into a subjective procedural right. Infringements and problems, connected with the enforcement of the right to judicial protection, are urgent in modern Russia. To ensure the enforcement of the right to judicial protection, procedural rules are used. The law-maker should take measures to quickly eliminate the problems of the right to judicial protection enforcement. The research methodology is based on the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, system approach, analysis, synthesis, analogy, deduction and observation) and traditional methods of jurisprudence (formal logical). The author concludes that at the present time, it is necessary to improve the legal and organizational framework of the right to judicial protection enforcement. The author states the necessity to reduce the number of infringements of the right to judicial protection and to improve the quality of its enforcement in the Russian Federation. 

DOI: 10.7256/2454-0595.2017.1.21382

Abstract: The paper considers the problem of corruptogenic risks in social legislation and administrative means of their elimination. The problem is determined by legal and organizational problems of implementation of anti-corruption legislation in the system of social relations. The topicality of this issue is determined by the fact that anti-corruption issues are especially significant in the social sphere, since it affects the quality and expectancy of life. The author substantiates the necessity to increase the effectiveness of administrative anti-corruption measures in the social sphere. The author suggests improving anti-corruption mechanisms in the social sphere using anti-corruption expertise means. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve legislation on social guarantees and social protection and harmonize it with anti-corruption legislation. The author states the necessity to improve the quality of the struggle against corruption in the social sphere using anti-corruption expertise.