DOI: 10.7256/2306-9945.2017.1.22179

Abstract: The research subject includes legal and organizational problems of administrative regulation of the activities of licensing authorities. The author analyzes the basic statutory instruments in the sphere of licensing, and some problems of their application. The author detects the problems of licensing supervision, including the absence of a precise list of compulsory licensing requirements, and the application of the regulations, adopted in the USSR and the RSFSR as licensing requirements. Besides, the author analyzes the statistical data of licensing authorities about court-ordered revocation of licenses in 2016. The research methodology is based on the modern achievements in epistemology. The author applies general scientific methods (system method, analysis synthesis, analogy, observation, modeling, and comparison), which help distinguish the main development trends and patterns of the subject under study. The scientific novelty consists in the substantiation of the necessity to vest licensing authorities with the powers to revoke the issued licenses according to the administrative procedure in the situations, specified in the Federal Law No 99 “On particular forms of activity licensing” of 4 May, 2011, and the reasonability of working out the draft federal law on permitting activities

DOI: 10.7256/2454-0595.2016.8.18275

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of the activities of licensing authorities. The paper considers the problems of re-licensing. The author analyzes the comprehensive lists of reasons for re-licensing provided by the Federal Law of 4 May 2011 No 99 “On the particular types of activity licensing”. Despite the fact that this Federal Law was adopted quite a long time ago, the questions about the need for the renewal of licences, issued before this law enactment, are still urgent. The author considers the general cases of re-licensing and the practical problems caused by the absence of the deadline for submission of an application for re-licensing in the Federal Law. The research methodology is based on the recent achievements in epistemology. The author applies general scientific and specific methods. General scientific methods, including the system method, analysis, synthesis, analogy, observation, modeling and comparison, help reveal the main trends and patters of development of the research subject. Special scientific methods, including the formal-logical, comparative-legal and system-structural, provide the opportunity to detect, describe and reproduce the phenomena under consideration, and to compare them. The scientific novelty consists in the fact that so far, the problems of re-licensing haven’t been studied consistently. The author concludes about the necessity to amend the Federal Law of 4 May 2011 No 99 “On the particular types of activity licensing” in relation to systematization of cases of re-licensing and introduction of a deadline for relicensing in the article 18. 

DOI: 10.7256/2454-0595.2016.5.16986

Abstract: The research subject is the range of legal and organizational problems of administrative and legal regulation of the work of regulatory and supervisory authorities. The paper considers the current situation of unification of federal and local executive authority bodies. The author considers the main reasons for unification of the two regulatory and supervisory agencies – the Federal Antimonopoly Service and the Federal Tariffs Service, and the problems which can appear in practice in the process of their unification. The paper studies the problems which regional supervisory authorities can face when organizing routine inspection beginning from 2016 after the unification of particular executive authority bodies in the territorial subjects of the Russian Federation into a single state body. The research methodology comprises the recent achievements in epistemology. The author applies general scientific methods, including the system method, analysis, synthesis, analogy, observation, modeling, and comparison, which help to reveal the main development tendencies and patterns of the subject in question. The specific scientific methods, including the formal-logical, comparative-legal, and system-structural, help to reveal, describe, and reproduce the studied phenomena, and to compare them on order to reveal the similarities and differences. The author discusses the reasonability of transferring the responsibilities of the Federal Antimonopoly Service of the Russian Federation in the sphere of legal regulation to the Ministry of Economic Development. The author concludes about the necessity to unify regulatory and supervisory authorities of territorial subjects of the Russian Federation using the example of the General Regulatory Office of Khabarovsk region.