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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 06/2019
Contents of Issue ¹ 06/2019
Question at hand
Bezrukavaya N.I. - Prosecutor Case Report on Administrative Offense: Legal and Organisational Issues pp. 1-10

DOI:
10.7256/2454-0595.2019.6.30633

Abstract: The author of the article analyzes the legal nature of participation of prosecutor in administrative prosecution. Bezrukavaya suggests two forms of prosecutor participation, initiative (participation in cases initiated by prosecutor) and for the purpose of making a case report (when a case is initiated by other administrative authorities under applicable laws). The author offers a list of cases that should be referred to the cases of 'mandatory category'. The author focuses on the problems of legal regulation of prosecutor case reporting on administrative offences, describes its forms and contents. She also covers issues related to the arrangement of prosecutor participation in proceedings and procedure of creating such a case report. The author gives a sample of prosecutor case report on administrative offense. The main method used by the author in her research is the dialectical analysis. She has also used such research methods as systems analysis, logical analysis, comparative law method, statistical and formal law methods. The novelty of the research is caused by the fact that for the first time in the academic literature Bezrukavaya offers to define and prove two forms of prosecutor participation in administrative proceedings and give a list of cases that imply prosecutor participation including cases of 'mandatory category'. The author also makes provisions regarding prosecutor participation in a case, prepartion of a case report and systematizes issues subject to prosecutor evaluation and included in the contents of a case report.
Goncharov V.V., Savchenko A.A., Savchenko M.S. - Conceptualization of the Ñoncepts of “Migration” and “Migration Process” in Legal Science pp. 11-23

DOI:
10.7256/2454-0595.2019.6.30935

Abstract: This article is devoted to the study of conceptualization of the concepts of "migration" and "migration process" in legal science. The paper substantiates the author's definitions of these concepts. Subject of research: social relations associated with the processes of migration (external and internal). The object of the research is the norms of international and national Russian law regulating legal relations in the field of migration processes. The purpose of the study is the following: from the standpoint of legal methods of studying migration relations to analyze the degree of conceptualization of the concepts of “migration” and “migration process” in domestic and foreign legal science.The authors of the article use a number of research methods such as analysis; synthesis; formal-logical; comparative-legal; classification; interpolation; extrapolation; historical. Objectives of the study are: 1) to analyze the theoretical foundations of the concept of migration (in Russian and foreign scientific literature); 2) to explore the legal basis of the concept of migration (international and Russian legislation in the field of regulation of migration processes); 3) develop and justify the author's definition of "migration"; 4) develop and justify the author's definition of the notion "migration".
Purge A.R. - Comparative Analysis of Maintenance Obligations Under the Legislations of the Russian Federation and Muslim Countries pp. 24-34

DOI:
10.7256/2454-0595.2019.6.30911

Abstract: This article is devoted to the legal regulation of maintenance obligations in the Russian Federation and several Muslim countries. Purge pays special attention to the description of conditions and terms for collection of child maintenance and comparative analysis of these terms in Russia and Muslim states. The object of the research is the relations between parents and children in the sphere of family law and comparison of these relations in the Russian Federation and Muslim countries. The subject of the research is the legal laws and regulations that ensure efficiency of the legal regulation of these relations. In the course of the research Purge has applied general research methods (logics and philosophy) as well as comparative law and formal law approaches to carry out comparative analysis. The theoretical novelty of the research is caused by the fact that the author carries out comparative analysis of the legal norms in the Russian Federation and Muslim countries on child maintenance obligations. The practical novelty of the research is caused by the author's suggestions and recommendations on the legal regulation of maintenance obligations taking into account the experience of the Russian Federation and several Muslim states. The author makes a conclusion that there is a great number of different approaches to the regulation of family relations based on religious principles and legal provisions. 
Law-enforcement legislation
Kulesh E.A., Likholet E.N., Simakina I.A. - Conceptual Aspects of the Activity Performed by the Department of Internal Affais Subdivisions in the Sphere of Property Protection pp. 35-40

DOI:
10.7256/2454-0595.2019.6.30642

Abstract: The matter under research is the applicable laws of the Russian Federation as well as opinions of researchers on the correspondence of terms 'property' and 'belongings'. In addition, the authors of the article have also analyzed competences of internal affairs officials in property protection and their efficiency under the conditions of reformation of the Ministry of Internal Affairs system. The authors also discussed problems and gaps of the current national legislation. The basis of the research includes general research methods based on the principles of objectivity, systematicity, induction, deduction, and others. As the result of the research, the authors outline problems that arise in the process of arranging activities of internal affairs agencies aimed at execution of their powers in the sphere of property protection. The authors also offer relevant solutions and emphasize the need to create police subdivisions that would be responsible for the aforesaid range of issues. In particular, they prove the need to create a subdivision of the Main Directorate for Countering Property Crime as part of the central office of the Ministry of Internal Affairs of Russia and to make associated amendments in the Decree of the President of Russia No. 218 of March 1, 2011 'Issues of the Ministry of Internal Affairs of the Russian Federation'. The authors also stress out the need to include a list of property crimes into The Instruction on Single Record of Crimes. The conclusions and suggestions made by the author may be used to improve the activity of internal affairs in a developing society and government. 
ADMINISTRATIVE AND MUNICIPAL LAW AND FINANCIAL ACTIVITY
Krylov O.M. - Money Substitute as a Legal Category pp. 41-49

DOI:
10.7256/2454-0595.2019.6.31342

Abstract: The growing popularity of money substitute is a consequence of impossibility to satisfy social needs (property, rights, etc.) with money only. Giving a short-term positive economic effect, money substitutes compete with state money and disarrange money circulation. Important role in the limitation of money substitutes is played by the legal means which efficient use is possible only if there is a clear definition of the legal category 'money substitute'. At the same time, provisions of the Russian law do not give such a definition and academic community keeps debating over the issue. Money substitute is understood more as a means of payment which limits the scope of its application. To make his research valid, the researcher has applied the comparative law method (to compare the definitions of money and money substitute as well as similar legal categories), logical theoretical methods and others. As a result of the research, the author tries to define the contents of the legal category 'money substitute' form the point of view of the main economic functions they perform. This allows to distinguish this legal category and similar categories and ensures efficient use of legal means that narrow the scope of the use of money substitute.
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