DOI: 10.7256/2306-9945.2015.3.15876

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of establishing the causes and conditions of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation establishing the causes and conditions of administrative offences. The article presents the authors' position on the notion of administrative-legal prevention of offences and establishment of personal and professional qualities of the subject of an administrative offence. The main attention is paid to the development of methods and methodology of administrative-legal regulation of establishment of the causes and conditions of administrative offences. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article considers the authors' positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical, expert evaluations, etc.).The authors conclude that to provide law and order in the sphere of administrative law it is necessary to improve the forms and methods of establishment of the causes and conditions of administrative offences. The main contribution of the authors is the conclusion about the necessity to develop administrative regulations of identification of potential subjects of administrative offences. The novelty of the article lies in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity, and the creation of legal and institutional guarantees of legality in our country.

DOI: 10.7256/2306-9945.2015.2.15847

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of prevention of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The paper presents the authors' positions towards the notion of administrative and legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative and legal regulation of prevention of offences. In addition, the article presents the theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative legal regulation. The article provides the authors' positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.)On the base of the research the authors conclude that at present in order to develop the rule of law in the sphere of activity of administrative legislation it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors lies in the statement about the need to develop administrative-legal regulation of prevention of administrative offenses. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activities, and the creation of legal and institutional guarantees of legality in Russia.

DOI: 10.7256/2409-7810.2014.2.13873

Abstract: The article considers the legal and organizational problems of realization of anti-corrupt standards of public servants' code of behaviour. It is stated that these standards are the part of their administrative and legal status. The author notes that with the help of various administrative and legal measures the state forms the milieu which is not susceptible to the deliquencies connected with corruption. Corruption threatens the Russian national security, impedes the development of democratic institutes and civil society in Russia, hampers the realization of citizes' constitutional rights. Corruption negatively affects the economical development, the development of the financial system and the infrastructure of the Russian state. The methodological base of the article contains the up-to-date achievements of epistemology. The author uses general philosophical, theoretical methods. Corruption in the state bodies favours the development of organized crime, creates conditions for the development of hotbeds of extremism and terrorism, threatens the realization of national projects, undermines all state legal reforms which are being held in Russia. These and other problems make it necessary to create administrative and legal mechanism of combating corruption in the work of public servants, and to establish the institute of administrative justice.