DOI: 10.7256/2454-0595.2018.7.26983

Abstract: Under modern conditions administrative responsibility of cadastral engineers is a nettlesome issue. In her research Mikholskaya outlines legal issues that may arise in the process of applying the standards of administrative responsibility to cadastral engineers and their activity. She analyzes applicable judicial practice and particular terms for bringing cadastral engineers to administrative responsibility. The fact that there are no standard approaches to applying administrative sanctions to cadastral engineers in judicial practice proves the theoretical, methodological and practical importance of the matter and support the rationale of the research. In her research Mikholskaya has used methods of analysis of judicial documents and other official papers, description of specific features of delicta privata and transition from particulars to generals to make conclusions and suggestions. As a result of the research, the author describes particular features of administrative responsibility of cadastral engineers and proves the need to monitor judicial practice and carry out a complex analysis of legal enforcement errors that may be made in the process of the conduct of the proceeding. The author concludes that existing particularities of administrative responsibility of cadastral engineers relate to the process of initiation of proceedings as set forth by Article 14.35 of the Administrative Offenses Code of the Russian Federation. She also makes a conclusion that today's law enforcement practice does not solve the main problem, i.e. the need to apply administrative sanctions to cadastral engineers which is, obviously, be not conducive to improving the process of state cadastral registration. 

DOI: 10.7256/2454-0595.2018.7.27251

Abstract: In his research Bobrenev raises a question about challenging the prosecutor's caution against violation of law and bringing perpetrators to administrative responsibility for non-performance of the caution. The author of the research describes the balance between the single viewpoint of prosecutors that the prosecutor's caution does not create legal consequences for an individual who receives the caution, and practical realization of their position in law enforcement practice. The research has covered the provisions of the Federal Law on Public Prosecutor Office of the Russian Federation, legal acts of the General Prosecutor Office, judicial  decisions and academic literature on the matter. The methodological basis of the research has involved general research methods such as analysis, synthesis, induction, and formal logic as a special research method. The author of the article concludes that in accordance with scientific achievements and applicable legislation, the practice of challenging the prosecutor's caution and bringing perpetrators to administrative responsibility for non-performance of the caution should be changed. According to the author, in both cases a proceeding cannot be started and if started, such a proceeding should be stopped as it either violates the rights, freedoms and legal interests of an administrative complainant (Clause 3 of Part 1 of Article 128 and Part 3 of Article 194 of the Administrative Procedure Code) or there is no corpus delicti of an administrative offence (Clause 2 of Part 1 of Article 24.5 of the Administrative Procedure Code of the Russian Federation). 

DOI: 10.7256/2454-0595.2018.7.27007

Abstract: The subject of the research is the administrative procedure for competition protection in the Balkan States and Russia. The object of the research is the activity of competition protection authorities as part of administrative procedures initiated as a result of competition protection laws being violated. In her research Milchakova analyzes the definition of 'antimonopoly process' and describes stages of proceedings for competition protection, paying special attention to comparing administrative procedures applied by competition protection authorities in the Balkan States adn Russia. In the course of her research the author of the article has used methods of analysis, synthesis and generalisation being primarily based on the comparative law method. The main conclusion of the research is that administrative procedures for competition protection in the Balkan States and Russia have both similar elements (initiation of a proceeding and particular stages of consideration of a case and decision making) and essential differences (the rights of competition protection authorities to introduce protective measures and to approve of obligation to eliminate competition violations voluntary undertaken by a defendant himself or herself, unity of administrative procedures for determination of infringement  and application of administrative sanctions. The author's special contribution to the topic is her definition of 'administrative process for competition protection' and stages of administrative process for competition protection. This contributes to the development of the theory of competition law. 

DOI: 10.7256/2454-0595.2018.7.27039

Abstract: The subject of this research is the administrative status of state authorities and local government as well as other actors that are granted public competences as contract system participants. Based on the analysis of the contract system law and definitions of 'administrative status of public authority' offered by the administrative law doctrine, Kabytov provides a description of the administrative status of contract system participants. The author of the article pays special attention to the legal consolidation of the administrative status of contract system participants. The methodological basis of the research involves general scientific methods (formal logic, structured systems approach) and special scientific methods (formal law analysis, dogmatic analysis, interpretation of law). The scientific novelty of the research is caused by the fact that the author carries out a complex analysis of the administrative status of contract system participants and gives recommendations on how to improve the current contract system law. The results of the research are of great practical importance and can be used in the policy-making process of the Russian Federation. As a conclusion, the author describes the main areas of the contract system legislation that should be improved, as well as a set of legal measures that are needed to be undertaken in order to improve them. This includes: 1. legitimization of grounds for reauthorization of control competences in the field of procurements between local government and state authorities of the Russian Federation; 2. improvement of the current law applicable to procurements through distribution of competences and consolidation of regulatory acts; and 3. establishment of formalized requirements and criteria for centralisation of procurements, and its efficiency evaluation system. 

DOI: 10.7256/2454-0595.2018.7.27145

Abstract: The article is devoted to a nettlesome issue of preservation and protection of biological diversity as one of the main targets of the government management. This is the issue that needs a complex interdisciplinary solution. The government should take whatever action is possible to preserve and efficiently use important biological resources, and to reinforce control over the right to use and results of fishery resources development. Vronskaya analyzes whether it is possible to efficiently use a civil institution of invalidation of transactions as one of the means of protection of biological resources. Taking into account special features of the Far Eastern district, the author of the article focuses on transactions that interfere with public interests in water biological resources. In her research Vronskaya has applied the following research methods: analysis and analogy, comparative law method (in particular, comparing legal provisions of the Russian Federation and the Commonwealth of Independent States regarding the time allowed for claims to invalidate a transation), induction (to analyze means of civil protection of biological resources), and formal logic. The novelty of the research is caused by the fact that the author studies efficiency of applying civil (private) mechanisms to ensure public interests in preservation of water resources. Based on the analysis of the judicial practice of arbitration courts, the author of the article outlines the gaps in the legal rlegulation of the institution of water resources development and offers relevant solutions, in particular making amendments to laws on preservation of water biological resources.