DOI: 10.25136/2409-7136.2020.2.31812

Abstract: The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

DOI: 10.7256/2454-0692.2020.2.32944

Abstract: The authors of the article carry out the normative and doctrinal analysis of the terms “homelessness” and “neglect”, and identify the reasons and conditions of these antisocial phenomena in Russian society.  The research object is the legal and pedagogical aspects of the process of prevention of neglect and homelessness of minors and the activities of public authorities both in Russia and abroad. The research subject is the terms “homelessness” and “neglect” as legal terms. Special attention is given to the reasons of homelessness and neglect of juveniles, in the first place, biological and social orphanage. The research is based on the dialectical, formal-logical (dogmatical), historical-legal, systems, linguistic and some other methods of scientific cognition. The priority methods were the sociological and formal-legal methods and the method of comparative jurisprudence. The scientific novelty of the research consists in the fact that based on the analysis of legal and essential roots of the two phenomena, the authors conclude that despite being formalized, they require fundamental review of the approaches to study and identification. It is necessary to transform the understanding of the model of juvenile behaviour which is connected with the recently changed basic scientific approaches in pedagogical psychology and social pedagogics. Taking into account the size of the problem of orphanage, the authors suggest aiming public social politics not only at the protection of rights of orphans and their adoption, but also at avoiding the cases of deprivation of parental care. The most active instrument in this context is the prevention of social orphanage by the child protection services which includes pedagogical, psychological, legal, social, educational and medical assistance to families with and without family disadvantages risk factors.   

DOI: 10.7256/2409-7136.2017.1.19035

Abstract: The article contains the analysis of the legal nature and the specificity of compulsory community service as an element of the administrative punishment system; the mechanism of implementation of this form of administrative punishment; the prospects of its optimization and the problems of its correlation with administrative arrest. The research subject includes the provisions of administrative tort law regulating the content, reasons and procedure of use of compulsory community service as a punishment; the activities of specialized bodies aimed at its implementation and the statistical and empirical data on this issue. The authors apply modern achievements in epistemology and administrative tort law. The research methodology is based on general scientific and specific research methods. The authors use the historical, statistical, sociological, comparative-legal, formal-logical, system-structural and other research methods and the method of expert assessment. The scientific novelty of the study consists in its subject – the establishment and application of such a comparatively new for Russian legislation form of punishment as compulsory community service. The authors assess the possibility to extend the scope of compulsory community service on persons of no fixed abode and permanent source of income.