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NB: Administrative Law and Administration Practice
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Publications of Zeinalov Fazil Nazim ogly
NB: Administrative Law and Administration Practice, 2021-4
Zeinalov F.N. - The inclusion of individuals riding electric personal mobility devices into social relations in the sphere of road safety (legal and organizational aspects) pp. 9-18

DOI:
10.7256/2306-9945.2021.4.36290

Abstract: The object of this research is the system of social-legal relations in the sphere of road safety. The subject of this research is the legal norms that regulate the road traffic activity that involves individuals riding electric personal mobility devices. The goal lies in the analysis of the normative framework that regulates the legal status of road users riding personal mobility devices, as well as foreign and domestic experience pertaining to integration of such road users into the existing road infrastructure. Research methodology leans on the fundamental provisions of the theory of law, summary of practical experience, methods of logical, monographic and system analysis. The acquired results can be implemented in the legislative activity of government agencies, law enforcement activity, educational process of educational institutions, scientific research of the experts on the problems of ensuring road safety, as well as for improvement of the branches of Russian legal system. The novelty is defined by practical and scientific significance of the problems of law enforcement activity in the sphere of road safety, as well as the need to improve the legal framework that regulate the participation of individuals riding electric personal mobility devices in road traffic. The author offers the amendments to bylaws for demarcating the categories of personal mobility devices, and determine the legal status of the individuals riding them.
Police activity, 2021-3
Zeinalov F.N. - On the legal status of cadets and attendees of road traffic safety protection courses during the traineeship
pp. 24-33

DOI:
10.7256/2454-0692.2021.3.36036

Abstract: The research object is the system of social and legal relations in the field of road traffic safety protection. The research subject is the set of legal provisions regulating the administrative and legal status of cadets and attendees during all types of traineeship.   The purpose of the research is to analyze the normative base regulating the recruitment of students during the traineeship, and the legal status of students. The research methodology is based on the fundamental provisions of the theory of law; the generalization of practical experience; the usage of methods of logical, monographical and system analysis. The field of application of the research results: the law-making process of the government organizations, the law-enforcement activity of law-enforcement bodies; the educational process of educational institutions; the research work of road traffic safety protection specialists; the improvement of the branches of Russia’s legal system. The scientific novelty of the research is determined by the practical and scientific importance of the problems of law-enforcement activities of law-enforcement agencies in the field of road traffic safety protection, and by the necessity to improve the legal fundamentals regulating the powers of students during the traineeship. The author analyzes federal legislation, subordinate and sectoral laws to find out whether they describe the legal status of a student during the traineeship at road traffic safety units, or not. The author formulates the proposals about the improvement of the administrative and legal status of students of higher education institutions of the State Road Traffic Safety Authority in regard to specifying their rights and duties during the traineeship at the units of the State Road Traffic Safety Authority.   
NB: Administrative Law and Administration Practice, 2021-2
Zeinalov F.N., Mikhaleva I.S. - On the conflict of law in legislative provisions pertaining to the admission of citizens to operating the vehicles pp. 1-11

DOI:
10.7256/2306-9945.2021.2.35627

Abstract: The object of this research is the system of public legal relations in the sphere of ensuring road safety. The subject of this research is the legal norms that regulate the admission of citizens to operating the vehicles. The goal consists in analyzing the normative legal framework that regulate learner-driving, administration of driving tests for the right to operate a vehicle, as well as legal status of road users during the driving test. Research methodology is based on the fundamental provisions of the theory of law; generalization of practical experience; application of logical, monographic, and systemic analysis. The acquired results can be used in legislative activity of government bodies, law enforcement practice, educational process, scientific research on ensuring road safety, improvement of the branches of the Russian legal system. The novelty of this article is defined by practical and scientific significance of the problems of law enforcement agencies in the sphere of road safety, as well as the need for improving the legal framework that regulate the authority of police departments of the Russian Federation . The authors propose to discern between learner-driving and driving tests in the conditions of road traffic in the federal legislation and bylaws; establish the legal status of the exam administrator and the procedure of administering driving test; as well as specify responsibility of the indicated parties. Recommendations are made for improving the algorithm of administering driving test, and consolidation of definitions “driver candidate”, “driving test”, “exam administrator”.
Administrative and municipal law, 2020-2
Zeinalov F.N., Gubenkov O.E., Mikhaleva I.S. - On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test pp. 19-25

DOI:
10.7256/2454-0595.2020.2.32131

Abstract: The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.
Law and Politics, 2019-10
Zeinalov F.N. - To the question of implementation of the key vectors of the Road Safety Strategy in the Russian Federation for 2018-2024 pp. 40-58

DOI:
10.7256/2454-0706.2019.10.30038

Abstract: The subject of this research is the system of socio-legal relations in area of ensuring road safety. The object of this research is the social relations with regards to priority areas of implementation of the Road Safety Strategy in the Russian Federation for 2018-2024. The goal lies in examination of provisions of the Strategy, its stages, policy and problems of implementation. The author examines the priority directions of the Strategy, laws and regulations that ensure implementation of its measures, organizational problems, as well as issues of legal regulation of social relations impacted by the measures of the Strategy. Statistical data underlining the relevance of the implemented measures of the Strategy is provided. The article analyzes the law enforcement practice on the subject; determines the problems of organizational and legal nature faced by law enforcement authorities in exercising the key measures of the Strategy. The research materials may be valuable for legislative and law enforcement practice, educational process, scientific works of the experts in ensuring road safety and improvement of branches of the Russian legal system. The novelty of this work is defined by practical and scientific significance of the problems of law enforcement activity in the area of ensuring road safety, as well as the need for improving legal framework regulating the authority of the parties interested in ensuring road safety and implementation of priority directions of the Strategy. In conclusion, the author describes the prospects of implementation of measures of the Strategy, indicates the problems in legal and organizational aspects of realization of the priority directions of the Strategy, which solution, in the author’s opinion, are of utmost importance.
Law and Politics, 2019-10
Zeinalov F.N. - To the question of implementation of the key vectors of the Road Safety Strategy in the Russian Federation for 2018-2024 pp. 40-58

DOI:
10.7256/2454-0706.2019.10.43250

Abstract: The subject of this research is the system of socio-legal relations in area of ensuring road safety. The object of this research is the social relations with regards to priority areas of implementation of the Road Safety Strategy in the Russian Federation for 2018-2024. The goal lies in examination of provisions of the Strategy, its stages, policy and problems of implementation. The author examines the priority directions of the Strategy, laws and regulations that ensure implementation of its measures, organizational problems, as well as issues of legal regulation of social relations impacted by the measures of the Strategy. Statistical data underlining the relevance of the implemented measures of the Strategy is provided. The article analyzes the law enforcement practice on the subject; determines the problems of organizational and legal nature faced by law enforcement authorities in exercising the key measures of the Strategy. The research materials may be valuable for legislative and law enforcement practice, educational process, scientific works of the experts in ensuring road safety and improvement of branches of the Russian legal system. The novelty of this work is defined by practical and scientific significance of the problems of law enforcement activity in the area of ensuring road safety, as well as the need for improving legal framework regulating the authority of the parties interested in ensuring road safety and implementation of priority directions of the Strategy. In conclusion, the author describes the prospects of implementation of measures of the Strategy, indicates the problems in legal and organizational aspects of realization of the priority directions of the Strategy, which solution, in the author’s opinion, are of utmost importance.
NB: Administrative Law and Administration Practice, 2019-3
Zeinalov F.N. - Revisiting Traffic Police Inspector's Powers in Interaction with Road Users pp. 1-12

DOI:
10.7256/2306-9945.2019.3.29212

Abstract: The object of the study is a system of social and legal relations in the sphere of road traffic safety. The subject of the study is a set of legal norms, regulating the interaction between road users and traffic police inspectors of the General Administration for Traffic Safety of the Ministry of Internal Affairs of Russia, implementing a federal government oversight of compliance with the requirements of the legislation of the Russian Federation by road users. The study aimed to carry out an analysis of the legal and regulatory framework, regulating traffic police inspector's powers, and to develop an effective algorithm of such interaction.  The methodological basis of the study is fundamental provisions of the theory of law, a generalization of practical experience, an implementation of a method of logical, monographic, and systemic analysis. The author examines a regulatory legal formalization of the process of interaction between traffic police inspectors and road users. The information, emphasizing the relevance of the problem of interaction between mentioned agents, is provided. The analysis of national law, by-laws, and departmental regulations is conducted to determine an effective algorithm of interaction. The analysis of the case law on the given problem is carried out, and suggestions on improving traffic police inspectors' professional activity are made. Field of study results application: the provisions of the work can be used in the legislative activity of government bodies, law-enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of road traffic safety, improving the branches of the Russian legal system.The novelty of the study is due to the practical and scientific significance of problems of law enforcement activities by law enforcement agencies in the sphere of road traffic safety, and also due to the necessity of improvement of the legal framework, regulating the powers of police services in Russia. 
Administrative and municipal law, 2018-12
Zeinalov F.N. - Legal Analysis of the Provisions of a New Professional Standard of a Master of Learning to Drive from the Point of View of the Road Safety Strategy pp. 26-35

DOI:
10.7256/2454-0595.2018.12.28296

Abstract: The subject of the research is the system of legal relatiosn in the sphere of road safety. The object of the research is the social relations in the sphere of road safety, access to driving vehibles of different kinds and training of drivers. The aim of the research is to analyze the congruency of the legal grounds of road safety, requirements for masters of learning to drive, and criteria of access to driving a vehicle. The author analyzes provisions of the professional standard from the point of view of the Road Safety Strategy, suggests changes and analyzes statistical data of road traffic accidents. The author emphasizes the need to review the standards that grant access to driving a D vehicle and obtaining the teaching license. The methodological basis of the research includes fundamental provisions of the theory of the right and state, generalisation of the practical experience, statistics and methods of logical, systems analysis, comparative and other research methods. The scope of the research covers legislative and law enforcement activity, educational process, researc h and improvement of particular branches of the Russian legal system. The novelty of the research is caused by the practical and scientific importance of the Road Safety Strategy in Russia for 2018 - 2024. In conclusion, the author offers to change Section 3.1. of the Standard and to set forth the rule that individuals who obtain a license to teach how to drive D and D1 vehicles must be 24 years old at least. 
Administrative and municipal law, 2018-10
Zeinalov F.N. - The Need to Improve the Legal Status of a Cyclist as a Participant of Road Traffic pp. 1-5

DOI:
10.7256/2454-0595.2018.10.27426

Abstract: The subject of the research is the legal relations in road traffic safety. The object of the research is the social relations arising between drivers of vehicles, motorbikes, cycles, and executor of law. The aim of the research is to analyze the legal base that regulates the status of cyclists in cases when they are prescribed to move along the traffic way. The author analyzes the regulations and laws that confirm the movement of cyclists in aforesaid cases, experience of the foreign states in the legal confirmation of cyclist movements, and historical aspect of the legal regulation of the matter. The author pays attention to the contradictions of the current Rules and emphasizes the need to make amendments thereto. The methodological basis of the research includes philosophy, fundamental provisions of the theory of law and statehood, generalisation of practical experience and application of the methods of logical and system analysis. The scope of the application of the results covers law-enforcement activity of law bodies, educational process, and research activity on road traffic safety issues. The novelty of the research is caused by the practical and theoretical importance of the law enforcement issues related to the road traffic safety as well as the need to improve the legal mechanism of classification of administrative offences in this sphere. In conclusion, the author suggests to make amendments to the Road Traffic Rules of Russia and reduce the number of conflict points between road traffic participants by obliging cyclists to perform a safe crossing of the driveway and to dismount from a cycle when passing through road crossings that do not have ways for pedestrians and cyclists. 
NB: Administrative Law and Administration Practice, 2018-4
Zeinalov F.N., Kalyuzhnyi Y.N. - On the Question about Improvement of the Legal Confirmation of Law Enforcement Officers' Powers Based on the Example of the Patrol-Road and Patrol-Guard Service pp. 9-23

DOI:
10.7256/2306-9945.2018.4.27720

Abstract: The subject of the research is the system of social relations that arise in the process of traffic safety. The object of the research is the interaction between drivers and police officials who protect the public order and social security. The aim of the research is to analyze the legal basis that regulates powers of police officials pursuant to the provisions of the Police Law that establish the right of a driver to stop. The author analyzes the legal basis for the overall police functions performed by the State Traffic Safety Inspectorate and Patrol-Guard Service in the field of road traffic security. The authors provide statistical information that emphasizes the need to differentiate between powers of the aforesaid services. The authors also carry out an analysis of judicial practice on the problem and offer to make certain amendments to the law. The authors pay special attention to the hidden contradictions in the Federal Police Law No. 3, bylaws, and departmental orders of the Ministry of Internal Affairs of Russia that regulate authorities and competences of the Patrol-Guard Service, local district police and Patrol-Road Service. The methodological basis of the research involves fundamental provisions of the theory of law and state, generalisation of the practical experience, application of the logical analysis and systems analysis methods, monographic comparative and other research methods. The scope of the application of the results may include legal and law-enforcement activity, educational process, traffic safety researches and improvement of the Russian law system. The novelty of the research is caused by the practical and theoretical importance of law-enforcement activity of law-enforcement authorities and the need to improve the legal grounds of police subdivisons' activity. In conclusion, the author to change the Federal Police Law No. 3 provision about the right to stop, in particular, to exclude the phrase 'when it enables the police to ensure the traffic safety'. 
NB: Administrative Law and Administration Practice, 2018-3
Zeinalov F.N. - Obstacle Avoidance Performed by a Transport Driver: Legal Analysis and Qualification Issues pp. 1-6

DOI:
10.7256/2306-9945.2018.3.27344

Abstract: The subject of the research is the social and legal relations that arise in the process of road traffic safety provision. The object of the research is the social relations between a transport driver and law enforcement official, in particular, traffic police. The aim of the research is to analyze the legal basis that regulates the aforesaid sphere, in particular, qualification of actions of a driver performing the obstacle avoidance and crossing into oncoming traffic above the full line on the left or going into the way side on the right. The author of the article analyzes the legal confirmation of the traffic pattern in described cases as well as adminitrative responsibility of drivers who performs the obstacle avoidance and bears administrative responsibility according to the Administrative Offenses Code of the Russian Federation. Zeynalov pays special attention to the contradictions and gaps in the Road Traffic Rules and qualification of administrative offences based on the Administrative Offences Code of the Russian Federation. The methodological basis of the research consists of philosophy, fundamental provisions of the theory of law and state, summary of the practical experience and implementation of the logical and systems analysis methods. The scope of the application of the results covers legislative and law enforcement activity, educational process, researches of specialists in road traffic security, and improvement of Russian law system branches. The novelty of the research is caused by the practical and theoretical importance of law enforcement issues as well as the need to improve the legal mechanisms of qualification of administrative offences. In conclusion, the authors prove the need to qualify particular actions and circumstances that made a driver to do it, and implementation of the provisions of Article 2.7 of the Administrative Offences Code of the Russian Federation (extreme necessity) by the road police officer. 
Police activity, 2018-2
Zeinalov F.N., Lyashenko E.A. - Registering a Road Traffic Accident by a Driver Via European Accident Report pp. 1-6

DOI:
10.7256/2454-0692.2018.2.26251

Abstract: The subject of the research is the system of legal relations in the sphere of road safety. The aim of the research is to analyze the legal base that regulates the order of registering a road traffic accident by submitting an accident report witout police officers as well as special training of drivers. The researchers focus on such aspects as the definition of a European accident report, legal consolidation of a simplified procedure for registering a road traffic accident, and experience of the foreign states on the matter. The authors emphasize the need to devote a great number of academic hours to teaching practical skills in filling in an accident report. They also explain the grounds for making amendments to Clause 284 of the Administrative Regulation approved by the decree of the Ministry of Internal Affairs of Russia No. 664 dated September 21, 2017. The methodological basis of the research implies the system of philosophical knowledge that sets forth the main requirements for scientific theories, the nature, structure and scope of application of different research and analysis methods, fundamental provisions of the theory of law and state, and methods of logical and systems analysis. The scope of application of the research results include activity of state authorities, law enfrocement practice, educational process, scientific research of road traffic and road safety experts. The scientific novelty of the research is caused by the practical and theoretical importance of the law enforcement issues in the sphere of road safety as well as training of drivers. In conclusion, the authors of the article suggest to devote more than three academic hours for training drivers how to fill in an accident report. The authors also suggest to make relevant amendments to Clause 284 of the Administrative Regulation, in particular, replace the term 'scheme of administrative violation' with the term 'scheme of a road accident place'.
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