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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue № 08/2018
Contents of Issue № 08/2018
Question at hand
Purge A.R. - Regarding the Need to Extend the Administrative Regulation of Family Relations in Russia pp. 1-6

DOI:
10.7256/2454-0595.2018.8.24751

Abstract: The present article is devoted to the administrative regulation of family relations in the Russian Federation. The aim of imposing administrative responsibility in family relations is to protect the rights and legal interests of all family members in accordance with the law of the Russian Federation. The object of the research is the actual social relations that may arise in the process of state regulation of family and childhood. The subject of the research is the standards of administrative and family law that ensure efficiency of the legal regulation of family relations. In the course of the research Purge has used general research methods (philosophy, logics, gnoseology) as well as formal law approach that allows to define legal terms, classify them, interpret legal acts, etc. The main conclusion made by the author is that there is a certain need to extend the administrative regulation of family relations, in particular, the parent-and-child relations. The theoretical novelty of the research is caused by the fact that the author provides additional arguments that prove the need to reinforce administrative (public law) beginning in the legal regulation of family relations. The practical novelty of the research is caused by the author making suggestions de lege ferenda regarding efficient legal regulation of family relations. 
Garaev A.A. - Blockchain as the Source of Legal Facts pp. 7-16

DOI:
10.7256/2454-0595.2018.8.27301

Abstract: The aim of this research is to compare facts, conditions, information from the world of blockchain, and legal facts from the real life. Particular features of the blockchain technology is the absence of a special actor, managing mediator (state). This is the reason why blockchain is such an interesting technology for state administrators. Neither Russian nor foreign law has developed legal aspects of applying the blockchain technology in state administration. The present research offers a fresh approach to the issue. The methodological basis of the research is a set of general and special research methods, in particular, philosophical, formal law and comparative analysis. Garaev extends the philosophical term 'fact' to the blockchain conditions, offers his own classification and defines essential features of facts, conditions, blockchain information, and compares them to legal facts. In a blockchain, facts may be classified as events or actions. Blockchain facts may mean phenomena that exist in the world of blockchain, and legal facts. Facts created in a blockchain may become legal facts. However, legal regulation is necessary to recognize blockchain information as a legal fact. Blockchain facts cannot be divided into legal or illegal as legal because they are created by a certain algorithm but not social relations. Still, information and facts taken from the blockchain may be recognized as legal or illegal facts. Since the blockchain technology is built on algorithms, it needs standardization. Legal regulation is still needed in cases of recognition of legal facts created on the basis of blockchain as compliant with a certain established standard. 
Goncharov V.V. - On Some Issues that Relate to the Legal Nature of the Public Control of Power (Constitutional and Legal Aspects) pp. 17-25

DOI:
10.7256/2454-0595.2018.8.27332

Abstract: The author of the article offers his own classification of time periods in the formation and development of the public control as a legal category. In particular, he describes the following stages: 1. the era of slave-owing socioeconomic formation; 2. the era of feudal socioeconomic formation; 3. the era of capitalist socioecnomic formation; 4. socialist-oriented states; 5. globalization era. In his research Goncharov analyzes the views of Russian and foreign philosophers and lawyers, state, political and religious figures of different historical eras on the legal nature of the public control as a legal category, as well as the way it is fixed by the law. In the course of his research Goncharov applies the following research methods: comparative law, historical, formal law, statistical, and sciological research. This article is devoted to some issues that relate to the legal nature of the public control of power (its constitutional law analysis). The author carries otu an analysis of the public control in the pre-state period of the society as well as in the era of national states. He also studies abilities of individuals to control over social power in the pre-state era. 
Administrative and municipal law: forms and methods of implementation (practice)
Agakishiev E. - The Questions of Local Referendum: Regulatory Requirements in Russia and Foreign States pp. 26-35

DOI:
10.7256/2454-0595.2018.8.27551

Abstract: Based on the analysis of law and judicial practice, Agakishiev studies regulatory requirements set forth by the Russian legislation in relation to the issues covered by the local referendum. In particular, the author touche supon the requirements for the matter and question formulation at the local referendum. In his research the author also analyzes the laws of the lands of the Federal Republic of Germany, cantons of Switzerland and USA states on the matter. Based on his analysis, the author makes suggestions on how to improve the legal regulation of the institution of the local referendum in Russia. The methodological basis of the research implies a combination of general and special research methods such as dialectical, logical, systemic, typological, comparative law, historical, formal law, and other methods applied both individually and in combination. There is a great number of researches devoted to the institution of local referendum in Russia. In particular, the issue was studied by such authors as A. Avtonomov, V. Komarova, A.Kostyukov, L. Nudnenko, V. Pylin, D. Ustinov, A. Sergeetv, and E. Shugrin. Unlike earlier researches, in this research Agakishiev carries out a detailed analysis of regulatory requirements for the issues discussed at the local referendum. The scientific novelty of the research is also caused by the fact that the author studies the matter from the point of view of both Russian and foreign law. Based on the results of the research, the author defines conflicts of law and gaps. Based on the analysis of the experience of the foreign states, the author makes suggestions on how to improve the legal regulation of requirements for the issues discussed at the local referendum. 
Administrative enforcement
Roshchin D. - Prescriptions and Representations of Authorities that Perform the State Control (Supervision) Over Social Services pp. 36-44

DOI:
10.7256/2454-0595.2018.8.27313

Abstract: The object of the reseaerch is the social relations that may arise in the process of state control (supervision) over behavior compliant with the law. The subject of the research is the legal norms and judicial acts that regulate the issuance of prescriptions and representations. Prescription to eliminate violations discovered during state control (supervision) audits is an instrument that enforces a legal entity or individual entrepreneur to comply with the requirements of the law and creates a possibility to carry out an audit to check whether a prescription has been fulfilled. Representation is issued in cases of administrative violations and is subject to be executed within a month, a report should be submitted to the authorities as a result thereof. The methodological basis of the research includes the formal law, comparative law and general research methods. The theory of prescription is a rather understudied topic, thus the novelty of the research is caused by the fact that the author summarizes available law-enforcement practice (decisions of state authorities, courts). Mechanisms of the issuance of prescriptions and representations are an important act of state regulation that still needs to be legally developed which creates contraditions in the legal practice of its enforcement. 
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