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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue № 10/2018
Contents of Issue № 10/2018
Question at hand
Zeinalov F.N. - The Need to Improve the Legal Status of a Cyclist as a Participant of Road Traffic pp. 1-5

DOI:
10.7256/2454-0595.2018.10.27426

Abstract: The subject of the research is the legal relations in road traffic safety. The object of the research is the social relations arising between drivers of vehicles, motorbikes, cycles, and executor of law. The aim of the research is to analyze the legal base that regulates the status of cyclists in cases when they are prescribed to move along the traffic way. The author analyzes the regulations and laws that confirm the movement of cyclists in aforesaid cases, experience of the foreign states in the legal confirmation of cyclist movements, and historical aspect of the legal regulation of the matter. The author pays attention to the contradictions of the current Rules and emphasizes the need to make amendments thereto. The methodological basis of the research includes philosophy, fundamental provisions of the theory of law and statehood, generalisation of practical experience and application of the methods of logical and system analysis. The scope of the application of the results covers law-enforcement activity of law bodies, educational process, and research activity on road traffic safety issues. The novelty of the research is caused by the practical and theoretical importance of the law enforcement issues related to the road traffic safety as well as the need to improve the legal mechanism of classification of administrative offences in this sphere. In conclusion, the author suggests to make amendments to the Road Traffic Rules of Russia and reduce the number of conflict points between road traffic participants by obliging cyclists to perform a safe crossing of the driveway and to dismount from a cycle when passing through road crossings that do not have ways for pedestrians and cyclists. 
Vysotskii S.A. - UDC 342.92 On the Definition and Contents of the Legality of Control Supervisory Activity of the State Traffic Safety Inspectorate of Russia pp. 6-15

DOI:
10.7256/2454-0595.2018.10.27785

Abstract: Having analyzed current approaches of administrative law to defining control and supervision, the author describes the administrative content of and the borders of control and supervisory activity of the State Traffic Police as the guarantee of legality, relates it to administrarive jurisdictional activity and offers a definition of the legal basis of legality of supervisory and control activity performed by the State Traffic Police of the Ministry of Internal Affairs of Russia. The methods used by the author include formal law, comparative law, formal logic, and particular sociological method. The methodological basis includes materialist dialectics as a general research method. The main conclusions of the research are the following. The first group consists of acts that regulate social relations which protection and reproduction are under the competence of the State Traffic Police of the Internal Affairs of Russia, in particular, acts that regulate the activity of a controllable and supervised road traffic safety object; and acts that impose responsibility for violation or failure to comply with the requirements by participants of legal relations. The second group consists of acts that enforce powers of authority of the State Traffic Police inspectorial staff as a controllable object. In partciular, acts of this group create the basis for the decision making process about the state of a controllable object and legality of all further actions thereof. 
Purge A.R. - Administrative Procedure for Marriage Registration in the Russian Federation and Some Islamic Countries pp. 16-28

DOI:
10.7256/2454-0595.2018.10.27865

Abstract: This article is devoted to the legal regulation of the administrative procedure for marriage registration in the Russian Federation and some Islamic countries. The author pays special attention to the description of the conditions for marriage registration and comparative analysis of these conditions in Russia and Islamic countries. The object of the research is the actual social relations arising as a result of marriage registration in the Russian Federation and some Islamic countries. The subject of this research is the legal provisions of administrative, family and civil law that ensure efficiency of the legal regulation of the aforesaid relations. In the course of the research the author has used general research methods (philosophy and logics) as well as comparative law and formal law approaches that allow to create a legal definition and carry out a comparison thereof. The main conclusion fo the research is that it is possible to extend conditions for marriage registration in a particular Russian Federation constituent in accordance with religious traditions of individuals inhabitting the territory. The theoretical novelty of the research is caused by the fact that the author carries ot a comparative anlaysis of the legal provisions of the Russian Federation and Islamic countries that regulate the aforesaid relations. The practical novelty of the research is caused by the fact that the author makes particular suggestions regarding the legal regulation of the marriage registration in the Russian Federation taking into account the experience of Islamic states. 
Administrative, municipal law and federal structure of the state
Sultanov K.A., Ustinov P.V. - Topical Issues of Improving the Legislation of the Russian Federation Constituents on Administrative Responsibility pp. 29-34

DOI:
10.7256/2454-0595.2018.10.27499

Abstract: The authors of the article analyze topical issues and the role of internal affairs bodies in the implementation of the legislation of the Russian Federation constituents on administrative offences. The authors analyze the most recent changes in the federal legal acts and regional acts that regulate the procedure of instituting administrative action based on the Russian Federation constituents' laws. The authors offer particular recommendations that would allow to eliminate the issues caused by the treaties of transfer of authority to police officers to initiate proceedings on adminitrative offences based on the regional laws. The methodology of the research implies a combination of the most commonly used research methods and techniques such as synthesis and analysis of applicable laws, formal law method, and structured logical statement. The main conclusion of the research is that there are certain administrative laws of the Russian Federation constituents that contradict to the federal law. The authors provides particular examples when regional administrative acts are issued with the excess of jurisdiction of the Russian Federation constituent. The novelty of the research is caused by the authors' evaluation of the current state of legislation and its practical implementation. The authors' contribution to the topic is the fact that they define areas of improvement and prospects of the development of regional laws on administrative offences taking into account the Federal Law No. 247 about the need in treates between regional authorities and the Ministry of Internal Affairs of Russia on the transfer of authority. The practical importance of the research is caused by the fact that the authors give scientifically grounded recommendations on how to create draft treaties as part of the police execution of the regional legislation. 
Administrative law and local self-government
Umerov E.I. - Legal Acts of Local Self-Government: the Challenges of the Municipal Law-Making in the Republic of Crimea pp. 35-42

DOI:
10.7256/2454-0595.2018.10.23914

Abstract: Affiliation of the Republic of Crimea into the Russian Federation creates the need to issue a great number of legal acts that do not only regulate new social relations but also harmonize them to the preceding legislative acts adopted before March 21, 2014. Law-making processes of local self-government play an important role here due to the need in the efficient performance of public authority and fast solutions of the local issues. The subject of the research is the areas of concern of the local self-government in the Republic of Crimea during the process of municipal law-making. In the course of writing his article Umerov has used the following methods: analysis and synthesis, systems approach, formal law method, and statistical method. The actors of the municipal law-making process in the Republic of Crimea faces the need not only to make prompt decisions but also to make fast changes in applicable legislation in order to ensure the full regulation of social relations. For this reason, improvement of the municipal law-making process in the Republic of Crimea is especially important and necessary under the conditions of integration into the legal environment of the Russian Federation. 
Management law
Lapin A.V. - Improving the System of Technical Rate Setting as a Mandatory Condition of State Industrial Growth Policy pp. 43-51

DOI:
10.7256/2454-0595.2018.10.27969

Abstract: The subject of this article is the administrative relations that arise in the process of standartization and technical regulation. The object of the research is the system of technical standartization. The author of the article provides an insight into the development of the Russian system of technical standartization as an element of the institution of administrative law. The results of the analysis of applicable legislation on standartization and technical regulation prove the factt that the system of technical standartization has contradictory provisions and lacks logical approaches to the definition of association between participants of these relations under the conditions of globalization of technological processes and product manufacture of products. Lapin gives arguments that prove the need in regulation of the system of technical regulation and its legal administration for the development and evaluation of technological changes and industrial growth in economic sectors. The methodological basis of the research implies the latest achievements in the theory of knowledge. In the process of the research the author has also applied general philosophical methods, systems analysis, expert analysis, event analysis and traditional legal methods (formal law and comparative law methods) as well as structural and statistical analysis. The novelty of the research is caused by the fact that the author gives recommendations on how to develop the system of technical standartization based on the improvement of the law on standartization and technical regulation that implies administrative law regulation of the technical standartization system of our country based on the single federal law that should combine two applicable laws, Law on Standartization of the Russian Federation and Law on Technical Regulation. 
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