Abstract: Measures of administrative coercion have become widely used in the financial segment of economic relations. The revocation of a banking license of a credit institution is one of the most popular ones. The legal mechanism of this measure of administrative coercion has been in force for three years, but its analysis in the context of application to particular credit institutions reveals a range of fundamental problems connected with the clarification of the character, the role and the place of this measure within the system of administrative coercion. The authors analyze the problem of revocation of a banking license of a credit institution as it is described in the decisions of the Constitutional Court to find the key to the understanding the solution to these problems. The academic novelty of the research consists in the analysis of legal problems of using the measures of administration coercion in the banking system. The authors pay attention to the various functions of measures of administrative coercion in the banking system, and focus on such aspect as the revocation of a banking license of a credit institution. This measure is a form of administrative coercion combining the elements of prevention, constraint, and punishment of a credit institution. The authors note that the revocation of a banking license is one of the most serious measures of administrative coercion, and it is important to observe the constitutional principles of using it.

DOI: 10.25136/2409-7810.2020.1.31395

Abstract: The topicality of the research consists in the necessity to enhance the state’s control function aimed at the improvement of effectiveness of the internal and the external financial control for the purpose of prevention and extinction of misappropriation of state funds. One of the key tasks in this direction is the improvement of effectiveness of control activities in the finance sector. Evidentiary material is the fundamental category of law. However, whilst the problem of evidence has been thoroughly studied within law-enforcement legal process, it has been considered only superficially within control legal process, and hasn’t been scientifically studied yet. The authors use the system method; the structural-functional method, which helps to detect the essence of the key elements of the evidentiary process; the components of sociological methodology basically aimed at the development of substantiation of the assessment of the modern state of legal regulation of control activities and confirmation of evidence. The purpose of the research is to consider the evidence used during control activities by the officials of the Accounts Chamber and the Federal Treasury with the aim to analyze the equality of the material definitions formulating them and the real procedural forms. The research object is social relations emerging during control activities of the internal and the external financial control involving the Federal Treasury and the Accounts Chamber. The research subject is legal provisions regulating the process of gathering and confirmation of evidence during control activities by the officials of the Federal Treasury and the Accounts Chamber. The practical importance of the research consists in the formulation of suggestions for the improvement of legal provisions regulating the control process in the financial sector.

DOI: 10.7256/2306-9945.2019.3.29587

Abstract: The subject of the study is operative rules of the Federal Law "On Microfinance Activities and Microfinance Organizations", Code of the Russian Federation on Administrative Violations, and by-laws published by Bank of Russia, which regulate grounds and applications of administrative enforcement measures to microfinance organizations. Moreover, regulations containing mandatory criteria of Microfinance Organizations' activity are examined, contained in the Federal Law "On Microfinance Activities and Microfinance Organizations" and regulatory acts of Bank of Russia. The legal effects are examined, related to the application of administrative enforcement measures to microfinance organizations, violating the prudential regulations. The methodological basis of the article is a set of different methods used in scientific knowledge. In the process of the study were used philosophical methods (dialectics, systemic method, analysis, synthesis, deduction, modeling); classical legal methods (formal-logical, interpretive methods) which were implemented in the process of the analysis of specific content of legal regulations; a comparative method that was used to compare different administrative enforcement measures applied to microfinance organizations. The main conclusion drawn from the study is that the Code of the Russian Federation on Administrative Violations contains the legal regulations imposing an administrative responsibility for violation of mandatory economic standards on a microfinance organization as a legal body that objectively creates a legal basis for an objective imputation contrary to the principle of the presumption of innocence. At the same time, an exception from the register of microfinance organizations, as an administrative and preventive measure, is imposed for violation of the production order of reporting documentation, which would be more logical to enter into a Special Part of the Code of the Russian Federation on Administrative Violations as an administrative offense.

DOI: 10.7256/2454-0595.2019.3.29626

Abstract: The subject of the research is the current provisions of the Code of the Russian Federation on administrative offences that describe a new type of administrative offence that uses technical means or data telecommunication network Internet. The main conclusion of the research is that active implementation of digital technologies creates the need in modernisation of administrative-tort law and introduction of a new type of administrative offence and administrative reponsibility for violations committed using Internet as well as amendment of current administrative laws and reinforcement of administrative offence for such offences. The methodological basis of the research includes general research methods such as systems analysis, formal law method, etc. The main contribution of the authors is in-depth retrospective analysis of trends that relate to transformation of administrative-torh law as a result of intense digital technology development. The researchers also describe typical features of these trends that distort the fundamental principle of presumption of innocence as it is set forth by the Administrative Offences Code of the Russian Federation. The novelty of the research is caused by the authors' integral analysis of a number of new administrative delicts that imply the use of the Internet. The researcher analyses cases when the Internet is an essential element of administrative offence and cases when Internet is just an additional feature of administrative offence.

DOI: 10.7256/2454-0595.2018.11.28228

Abstract: The subject of the article is the legal norms contained in the Constitution of the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Authorities of the Government of the Subjects of the Russian Federation”, establishing the basic starting principles for distinguishing between the joint jurisdiction of the Russian Federation and its subjects powers between the Russian Federation and the constituent entities of the Russian Federation in order to determine the prospects for improving the techniques of legal techniques tion assumptions set forth in the present law. The methodological basis of the article consists of a formal logical, interpretative, logical, comparative research methods. Formal legal, logical and interpretational methods were used in the analysis of the specific content of legal regulations relating to the structuring of the principles of delimitation of competences and powers between the Russian Federation and the subjects of the Russian Federation. The novelty of the article lies in the wording of principles proposed by the authors arising from the provisions of the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation", as well as in the formulation of specific proposals for improving the said Federal Law mechanisms related to the detailed regulation of the formation and activities of state bodies of the subject of the Russian Federation.

DOI: 10.7256/2454-0595.2018.3.26282

Abstract: The subject of the research is the effective provisions of the Federal Law No. 149 On Information, Information Technologies and Information Protection of July 27, 2006. The aforesaid provisions define the kind of information that could be harmful for children, and establish the procedure of applying enforcement measures for distribution of such information. Legal acts of the Ministry of Education and Science of the Russian Federation recommend measures for parents to avoid distribution of harmful information among minors. These are the issues that constitute the subject of the present article. The methodological basis of the research involves recent achievements and findings of science. The authors of the article have applied theoretical methods and methods of philosophical research (dialectics, analysis, synthesis, analogy, deduction) and traditional law methods (formal logic to analyze the contents of the aforesaid provisions). The main conclusion made by the authors as a result of their research is that measures of parental and pedagogical control considerably outstrip criminal penalties for inducement to suicide on the Internet. The main contribution made by the authors of the article is their soundly based and legal research of the mechanisms of state and social control for the purpose of developing a single algorithm of interaction between competent powers and social institutions aimed at prevention of Internet suicidal threats. The novelty of the research is caused by the fact that the authors offer an integral approach to the problem of teenager suicide by analysing legal measures and developing institutions of social control (parents and teachers) as well as scales and indicators that can be used to establish a single approach paper that would integrate all forms of control for ensuring child security on the Internet.

DOI: 10.25136/2409-7810.2018.2.26818

Abstract: The article is devoted to the current attitude of the Russian Federation law and system of education to protection of children from suicide propaganda via the Internet. The object of the reseaerch is the protection of children from information that may be harmful for their life and health. This is an important task of the state and essential part of the country's information security measures. The authors of the article carry out analysis of algorithms used by Internet users for the purpose of creating efficient legal and social measures of prevention of harmful influence on the children. The research is based on the analysis of relevant acts and regulations as well as researches in the sphere of law, social studies and education. The authors obtained quite an amount of data that describe the influence of harmful suicidal information on children via the Internet and performed a statistical processing of that data. In particular, there was a special survey carried out that involved 179 respondents (19.7 % of the respondents aged from 18 to 20, 35.5 % aged from 21 to 30, 28.9 % aged from 31 to 40 and 15.9 % were older than 40 years old). In terms of profession, 56.6 % of respondents were laywers and 9.2 % were teachers. The results of the research give an in-depth insight into the role of the law and social control instutitions in prevention of suicidal threats among the underaged. In conclusion, the authors make recommendations regarding how to improve legal and social measures aimed at prevention of suicidal threats on the Internet.

DOI: 10.7256/2306-9945.2018.2.26937

Abstract: The subject of the research is the current legal acts regulating the banking sector of the economy and the market for shared housing construction in order to assess the effectiveness of mediated administrative-legal forms of influence (licensing, registration) on these segments of the economy. The study is carried out in order to identify promising areas for improving the legislation governing the forms of state influence on the economy. The novelty of the article is caused by the scientific and methodological substantiation of the advantages of forms of indirect influence on various sectors of the economy (on the example of the banking sector and the market for shared housing construction). To obtain reliable results in their study, the authors have used methods for analyzing information contained in official sources. In addition, data presented by independent financial portals and media resources of the Russian financial sector, the Russian segment of the Internet, were analyzed. To identify the degree of effectiveness of the implemented state-legal impact on economic relations, we have specifically developed criteria for assessing direct and indirect forms of government influence. The results are obtained on the basis of the method of comparative analysis of data in two segments of the Russian economy, the banking sector and in cooperative housing projects. The main conclusion made by the authors is that at present the most effective are the mediated forms of state and legal impact on the economy. The analysis showed that, in recent years, there has been a tendency in legislation to strengthen direct forms of state control. Such an impact leads to negative results in the economy, namely: monopolistic trends are growing; representatives of medium and small businesses are forced to leave the market; the number of entities unable to pay high taxes and administrative fines increases.

DOI: 10.7256/2454-0595.2017.12.24849

Abstract: The subject of the article is the prescriptives of The Tax Code of the Russian Federation, Federal Law on Accounting Chamber of the Russian Federation, and others that stipulate the procedure for rendering, recording and litigating control measures in the financial sphere. Applicable prescriptives set forth fundamentally different approaches to litigating non-regulatory acts and litigating judicial processes that regulate financial control in the financial budget and tax spheres. Moreover, the author analyzes The Resolutions of the Constitional Court on issues of interpreting auditing acts as law enforcement acts. Legal acts that regulate financial control in the financial budget sphere do not, in fact, create the institution of appealing from non-regulatory acts. However, in actual practice arbitration courts refuse to accept complaints about tax auditing acts taking the latter as non-attributable to non-legal acts because they do not create legal consequences. The methodological basis of the research included modern achievements and findings of the theory of knowledge. In the course of the research the authors also used theoretical, general philosophical methods, legal methods (formal logical, interpretative methods), method of comparison. The novelty of the research is casued by the fact that the authors provide a comparative law analysis of legal prescriptives that regulate implementation of control measures in the process of financial control performed by authorized agencies in budgetary, banking and tax spheres. The authors also describe significant distinctions in the rights and responsibilities of officials who perform such control and make recommendations to recognize tax auditing acts, financial acts and audits, and banking audit that contain information about violations, as law enforcment acts. They also offer to unify procedural standards which would create the institution of appealing from financial control results.

DOI: 10.7256/2454-0595.2017.11.24660

Abstract: The research subject is the current regulations of the Tax code of the Russian Federation, the federal law “On the Accounts Chamber of the Russian Federation”, the governmental decree “On the procedure of financial and budgetary control performed by the Federal Treasury”, the decree of the Treasury of the Russian Federation “On the establishment of the Standard of external government audit (control). General rules of control”, established by the decree of the board of the Accounts Chamber of the Russian Federation establishing the procedure of realization, formalization and appeal against non-regulatory acts. Legal acts, regulating financial control in the financial and budgetary sphere, don’t form the institution of appeal against non-regulatory acts as such. The research methodology is based on the modern achievements of epistemology. The author uses theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and modeling), and traditional methods of jurisprudence. The author concludes that the institution of appeal against non-regulatory acts hasn’t formed in the financial and budgetary sphere of financial control (unlike the situation in the tax sphere). This circumstance is determined by the fact that subjects, responsible for financial control in the financial and budgetary sphere, adopt standards regulating the process of performing financial control and financial audit. The institution of appeal against non-regulatory acts is formulated in the Tax Code ensuring the necessary level of protection of the officials of the controlled objects. Consequently, it is necessary to adopt the Federal Law “On financial control” which should formalize the institution of appeal against the results of financial control guaranteeing the protection of the officials of the controlled objects during control activities.

DOI: 10.7256/2454-0595.2017.10.24396

Abstract: The research subject is the current provisions of the Administrative Offences Code, the Tax Code, the Budget Code of the Russian Federation, the Federal Law “On the Central Bank of the Russian Federation (the Bank of Russia)”, which establish the concept and the content of legal entity’s guilt for tax, administrative, budget and bank offences, and the interpretative acts of judicial bodies, which contain interpretation of normative directions about guilt for administrative, tax, budget and bank offences. Codified acts, regulating budget and bank segments of the financial sphere, establish three fundamentally different formulations of a question about the evidentiary of admission of guilt of a legal entity for incriminated offences. The uncodified act – the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)”, in fact formulates the definition of a bank offence and contains a comprehensive list of administrative sanctions for the violation of bank legislation. The research methodology is based on the modern achievements in epistemology. The authors use theoretical and general philosophic methods (dialectics, the system method, analysis, synthesis, analogy, deduction and modeling); traditional legal methods (formal logical and interpretational methods, which are used for the analysis of particular content of provisions, establishing the concept and the content of quilt of administrative, tax, budget and bank offences); the comparative method is used to compare normative directions regulating the concept and content of guilt of tax, administrative and budget offences. The authors conclude that the codified acts in the financial sphere (the Tax Code, the Administrative Offences Code, and the Budget Code) contain three concepts of understanding of guilt (subjective, objective and interfacing) of a legal entity for offences, which have been formulated by scholars at the scientific and theoretical level. The chronological framework of adoption of these codes marks the tendency of shift from the subjective concept of guilt to the objective incrimination. Besides, the provisions of the Administrative Offences Code compete with the provisions of the Federal Law in the issues of regulation of imposition of legal responsibility by the Bank of Russia on credit organizations in accordance with the directions of the Administrative Offences Code and the Federal Law. The authors compare the subjective and objective concepts of guilt of a legal entity for offences in the financial sphere with the real normative models of guilt contained in the codes, and with the normative and casual interpretation, which has formed in judicial practice. The scientific novelty of the study consists in the comparative-legal analysis of normative constructs of guilt of a legal entity for offences in the financial sphere at the level of codified acts and the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and affirmation of an interfacing construct of guilt of a legal entity, contained in the Administrative Offences Code, gravitating toward objective incrimination.

DOI: 10.7256/2454-0595.2017.4.22933

Abstract: The research subject is the set of current provisions of various legal acts regulating self-employment. The authors study scientific approaches to the problem of self-employment of citizens, which have formed in Russian legal science. The specific legal feature of the “self-employment” concept is a significant number of references to this category in legal acts contrasted with the lack of a clear definition of this category. The authors analyze administrative and penal compositions of offences, related to self-employed citizens, involved in illegal business practices, and the ways of their improvement. The research methodology is based on the set of different methods of scientific cognition. The authors use theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, modeling), traditional methods of jurisprudence (formal logical and interpretative methods, which are used for the analysis of the content of legal regulations); the comparative method, which is used for the comparison of scientific views on the research subject. The authors conclude that it is necessary to adopt: the set of administrative norms, aimed at the formation of the definition of the “self-employed citizen” concept, immediately, before the expiry of the 2-3 years’ period of discharge from administrative responsibility; administrative mechanism of self-employment regulation; measures of administrative coercion, aimed at legalization of informal economy. The authors study the potentially possible directions of development of administrative coercion in the sphere of self-employment. They note the necessity to generate preventive and remedial measures aimed at the legalization of self-employed citizens by means of their registration and payment of all necessary taxes. The scientific novelty of the study consists in the consideration of the problem of evolution of scientific views on the essence of the “self-employment of citizens” concept, and the formation of the mechanism of administrative regulation in the sphere of self-employment and the administrative coercion institution in this sphere. The authors offer the set of measures of administrative coercion in the sphere of self-employment, which could help balance the interests of the state and this category of citizens.

DOI: 10.7256/2306-9945.2017.2.22992

Abstract: The research subject is the range of current provisions of the federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and the subordinate statutory acts issued by the Bank of Russia, which govern prudential regulation in the banking sphere. The authors study theoretical and methodological approaches to the problem of prudential regulation formed in Russian jurisprudence. The specificity of these provisions consists in their technical legal character mediating economic indexes of the activity of lending institutions. The paper analyzes coercive measures imposed on lending institutions for the violation of prudential directions, which compose the actively forming institution of prudential supervision as a component of banking supervision. The research methodology is based on the set of various methods of scientific cognition. The authors apply theoretical philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, modeling); traditional methods of jurisprudence (formal logical, interpretation); the comparative method, which is used for the comparison of general legal categories and doctrinal views on the subject of the research. The authors conclude that there is a collision between the federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and the subordinate acts regulating the functioning of lending institutions. This collision consists in the fundamental differences in the normative interpretation of the essence of prudential provisions. At the level of the federal law, prudential provisions include economic indexes of the activities of lending institutions, while at the level of subordinate acts, they include the provisions establishing responsibility for the violation of the accounting procedure by lending institutions. The most important authors’ contribution is the study of doctrinal approaches to the prudential component of banking supervision and the analysis of normative regulation of economic indexes of banking at the level of subordinate acts issued by the Central Bank. The authors note the necessity to exclude formal violations, infringing the accounting procedure of lending institutions, from the list of prudential provisions, and to include them in the Administrative Offences Code of the Russian Federation. The scientific novelty of the study consists in the consideration of the problem of the formation of the institution of prudential supervision in the banking sphere, and in distinguishing between technical provisions, establishing economic indexes of the functioning of lending institutions, and formal violations, infringing the established accounting procedure of lending institutions within banking supervision.

DOI: 10.7256/2454-0595.2015.11.15521

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. 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 logical), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy. The authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative and tort law.

DOI: 10.7256/2454-0692.2015.6.16594

Abstract: The subject of the article includes the current norms of the Code of Administrative Offences of the Russian Federation, regulating the concept of insignificance of an administrative offence, and the materials of judicial practice of the Supreme Court of the Russian Federation, the Supreme Arbitration Court and lower courts, containing the normative and causal interpretations of determination of minor administrative offences. At present, the administrative punishments, contained in the provisions of chapters 14 and 15 of the Code of Administrative Offences, for the violations in the sphere of the economy and finances, in the form of an administrative fine, disqualification and administrative suspension of activity, are very significant from the position of negative property consequences for the subjects of administrative responsibility – individuals, legal entities and persons possessing the official status. At the same time, the Code doesn't contain clear grounds for determination of minor offenses, what causes problems and ambiguous approaches of judicial authorities.The methodological basis of the study comprises recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to ensure the legislative provision of the criteria of insignificance of administrative offences in the Code of Administrative Offences and to establish the list of compositions of administrative offences, which should not be determined as minor offences. The main contribution of the authors is the examination of the judicial practice and the revelation of ambiguity of interpretations of insignificance with respect to formal and material components of administrative offences.The novelty of the article lies in the proposals about the development of the criteria, regulating the insignificance of offenses.

DOI: 10.7256/2454-0692.2015.5.16569

Abstract: The research focuses on the problems of application of administrative penalties and on the wide range of potential subjects of fines. There are no strict formal-legal criteria which could substantiate the reduction of a fine or its replacement with another, less tough, administrative sanction; subjects of administrative liability (legal entities and entrepreneurs) can be equally subjected to the punishment in the form of a fine regardless of their material condition. These problems lead to the shift of the purpose of a fine from the preventive to the pronouncedly punitive one, thus objectively hampering the development of entrepreneurship in the Russian Federation. This article is devoted to the analysis of the ways of these problems solving. The methodology of the research is based on the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, analysis, synthesis, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that recently in order to provide legality in the sphere of finance it is necessary to improve forms and methods of administrative-legal regulation of financial activities of the state. The main contribution of the authors is the conclusion about the necessity to develop administrative-legal regulation of financial safety. The novelty of the research lies in the suggestion about the development of forms and methods of government regulation in the sphere of finance and the provision of legal and organizational guarantees of legality in the financial sphere.

DOI: 10.7256/2454-0595.2015.2.12903

Abstract: The turn of the twentieth – the twenty-first centuries was marked by the active development of equity market in the Russian Federation. The adoption of a big amount of normative acts in this sphere determined the appearance of problems, connected with the structuring of the components of administrative offences; defining the measures of state coercion for the delinquencies in the sphere of equity market; order of proceedings on administrative offences. The article is aimed at the consideration of this set of problems and the formulation of suggestions about the enhancement of administrative jurisdiction in the sphere of equity market. The methodology of the research is based in the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical method, expert evaluations, etc.). The analysis of administrative offences in the sphere of equity market, contained in the Code of Administrative Offences of the Russian Federation, shows that, unlike the offences in the spheres of finances, taxes and charges, the administrative offences in this sphere are contained, actually, in one codified normative legal act – the Code of Administrative Offences of the Russian Federation. The latest variant seems to be optimal and can serve as a base when reforming of administrative-jurisdictional legislation in the sphere of finances, taxes and charges, insurance, and equity market.