DOI: 10.7256/2454-0595.2020.5.33196

Abstract: The subject of this research is the efficiency of authority of the executive branch of government. The author reviews the approaches used in the general theory of law and administrative law towards definition of efficiency, making emphasis on the social aspect of efficiency of legal norms. Leaning on the considered doctrines, the author includes into the structure of efficiency of authority the socially substantiated goal of their realization, which in his opinion consists in ensuring enforcement of right and responsibilities of the citizens and legal entities (the subject of administrative law without authority). Based on the provisions of legislative acts and law enforcement practice, the article examines the organizing principle of authority that allows accomplishing the purpose of authority, determines its possible manifestations, as well as the conditions under which such principle can be implemented. The following conclusions were made: 1) the foundation for determining the efficiency of authority of the executive branch of government consists in their social impact, which is reflected in the level of implementation of the rights and responsibilities by the subjects of administrative law without authority; 2) since the efficiency represents feature of the system, it must be applicable to not to a separate measure of authoritative influence, but their ordered entirety, aimed at ensuring specific rights and responsibilities of the subjects of administrative law without authority; 3) the combination of lawmaking and law enforcement authorities, which in the conditions of their normative consolidation through assistance in exercising rights and responsibilities of private and legal entities, allows aligning private and public interests in various spheres of state administration.  

DOI: 10.7256/2454-0595.2020.5.32696

Abstract: This article examines the state of problem of preventing administrative violations that impinge on health of the citizens, namely physical assault, administrative responsibility for which is stipulated by the Article 6.1.1 of the Code of the Russian Federation on Administrative Offenses as one of the relevant questions in organization and activity of the branches of internal affairs of Russia. The author reviews the questions of preventing violations for physical assault in the context of enhancing control by the district police officers over individuals who committed such type of administrative violation; application of different preventative measures depending on the identity of a wrongdoer, circumstances of commission of an administrative offence, as well as social behavior after having committed an offence. The author describes the case law on the category of physical assault, which characterize personality of the offender.  Comparative analysis is conducted on the normative legal acts that envisage the grounds for placement and removal of various categories of individuals from the prevention watchlist. In conclusion, the author makes a number of recommendations on the improvement of preventative measures applied by police officers with regards to administrative offences for committing physical assault, as well as preterm removal from the prevention watchlist of persons under the conditions of their improvement, service of administrative penalty, positive characteristics from the place of residence.

DOI: 10.7256/2454-0595.2020.5.33318

Abstract: The subject of this research is the constitutional amendment related to mentioning the name of God in the context of interaction between the Russian Orthodox Church and the state in the conditions of establishment of a new postsecular reality. Attention is turned to the new trends in state legal development of Russian and foreign countries, caused by more tolerant and friendly attitude of government institutions to religion. Analysis is conducted on “pros” and “cons” of this amendment from various perspectives: legal values, history of state and law, human rights to liberty of conscience. The objections against this amendment are viewed through the prism of arguments of secularity of the state. Research methodology is based on the axiological, historical and comparative-legal analysis of the problem. The main conclusions consist in the following statements: it is necessary of acknowledge the promptness of constitutional recognition of such value as “faith in God” from the position of the common  unifying idea in terms of the Russian federalism; such amendment would contribute to more effective legal regulation of the religious rights and freedoms; it would regulate state-confessional relations; constitutionalization of religious values leads to insurance of human rights to liberty of conscience, as well as protection of the feelings of believers and religious security of the society. Acceptance of constitutional amendment with the mention of “faith in God” is reasonable and timely; and its placement within the Chapter of “Federal Structure” is justified, although in would be more appropriate in the preamble.

DOI: 10.7256/2454-0595.2020.5.33453

Abstract: The subject of this research is the legal regime of natural resource management in the Canadian Kingdom as an example of one of the best sectoral practices of legal regulation of natural resource usage. Analysis is conducted on the normative legal acts that regulate rights to natural resource usage, delimitation of jurisdiction to “central” and “regional”, management in the area of natural resource. The object of this research is the natural resource usage relations in Canada. Special attention is given to the licensing of Canadian natural resource usage, determination of the types of licenses, and procedure of licensing. The author examines the relevant topics of taxation and fiscal stimulation of natural resource users, foreign investment, geological exploration, national and local legislation, right of indigenous peoples to natural resources, etc. The scientific novelty consists in demonstrating the current “picture” of legal regulation of natural resource usage in Canada. On the example of this kingdom, as the subject of right to ownership and use of resources, the author suggest considering an allotted plot of resources within its boundaries, while unallocated plots of resources should be counted as part of a single reserve of undistributed land (single object of law). The author proposes to conduct a mass geological survey of the Russian shelf in accordance with the Canadian model, implementation of the practice of attracting foreign investments, tax incentives, resource rent for the Russian citizens through legal construct of retirement savings, application of corporate restrictions following the example of Canada.

DOI: 10.7256/2454-0595.2020.5.32964

Abstract: Examination of the legal nature of social control is one of the key trends in its development, while maintaining a balance between democratic and humanistic values on the one hand, and requirements of imperative and authoritative-compulsory method of public administration on the other. The object of this research is the questions related to realization of social control in the Russian Federation. The subjects of this research became the public relations associated with the grounds and order of execution of social control in the Russian Federation. Research methodology contains the general scientific methods (of sociology, political science and logic) along with special legal methods, namely the methods of legal-systematic analysis. Current social processes are characterize by two oppositely directed trends: on one side, strengthening of the middle class, layer of business owners and self-employed citizens, development of the element of capitalism; while on other side – the complication of social life, demand for the new and more effective means of administrative control, which is reflected by epidemic situation in Russia. Therefore, the conducted assessment of development capacity of social control should consider its impact (which is not always positive) on the capabilities of public administration. An attempt is made to align the development of social control with the demand for improvement of administrative regimes.

DOI: 10.7256/2454-0595.2020.5.33016

Abstract: The object of this research is the social organizations with law enforcement focus. The subject of this research is the history of emergence and development of the institutions of social organizations with law enforcement focus. Comprehensive analysis of legal and organizational grounds in exercising citizens right to unionization is carried out. Application of the historical-legal method allowed viewing the conception, reorganization and termination of activity (at certain stage of development of the country), and then new development of social organizations with law enforcement focus. The formal-legal method was used for determination of legal status of the social institutions. Having legal confirmation, or at times emerging upon the initiative of citizens themselves due to inability of the local authorities to establish legal order, the population united for rendering assistance to the bodies of internal affairs with regards to public order maintenance. Taking diverse forms at different historical periods, social organizations with law enforcement focus continue to develop and improve, accumulating practical experience in counteracting criminality. The government, in turn, creates all essential legal conditions for voluntary participation of the citizens of the Russian Federation in public order maintenance. Direct participation in prevention of legal offences committed in public places, as well as holding preventative conversations with the wrongdoers, allows the population to broaden their knowledge in the field of law, as well give credibility to law enforcement authorities, which positively influences the formation of public opinion on the work of police overall.