Abstract: The article draws attention to the problems of ensuring legality in the application of administrative coercion measures. This problem is one of the most important, since during the application of coercive measures, restrictions on the rights of citizens are carried out. Administrative coercion is applied only if there are appropriate grounds, which is partly a guarantee of compliance with the requirements of legality in the application of appropriate coercion. The author drew attention to the guarantees of legality, which must be taken into account when applying administrative coercion measures, these guarantees can be both material and procedural. Procedural guarantees are more in demand when applying measures of administrative and procedural coercion, they are associated with the action of administrative responsibility. The problems of ensuring the rule of law are relevant for all areas of law enforcement activities of the police. One of the activities of the police is administrative activity. The police use a wide variety of forms and methods that are of an administrative and legal nature, in this regard, the guarantees of legality also have an administrative nature. The author drew attention to the essence of these guarantees, carried out their classification according to their functionality and regulatory consolidation. The author concluded that the guarantees of legality predetermine the effectiveness of the administrative activities of the police, in the widest range of its implementation. The scientific novelty of the article is determined by the fact that the author has formulated a number of proposals that will make it possible to improve the quality of administrative activities of the police.

DOI: 10.7256/2454-0595.2023.6.68841

Abstract: The author describes the concept of a disciplinary corruption offense, this issue is important from the point of view of the application of various disciplinary measures to counter corruption. The author notes that the importance of such a category as "corruption disciplinary offense" is predetermined by its functionality in determining methods of coercive influence for violation of anti-corruption legislation. Based on this, the paper formulates proposals on the need for legislative consolidation of such a category as "disciplinary corruption offense", as well as proposals for its differentiation. The paper notes that the problem of combating corruption is interdisciplinary in nature, in this regard, it is no coincidence that the legislation uses such a definition as "corruption offense", this position finds its support in the doctrine. The author identifies a corruption offense in the system, a disciplinary violation, which is the basis for dismissal due to loss of trust. The article considers such a category as dismissal due to loss of trust, this issue is important from the point of view of the application of various disciplinary measures used to combat corruption in the public service. The importance of such a category as dismissal due to loss of trust will be determined by its functionality in determining the optimal legal means of influence for committing disciplinary corruption offenses. Based on this, the paper formulates proposals concerning the definition of trust and distrust in the public service. The paper notes that the application of dismissal due to loss of trust should be an exceptional (rare) measure of disciplinary responsibility.

DOI: 10.25136/2409-7810.2023.4.48493

Abstract: The author considers such a category as "administrative offense". This issue is important from the point of view of the application of administrative responsibility, since it is this illegal act that can be the basis of the corresponding type of legal liability. The paper draws attention to the signs of an administrative offense, special attention is paid to such a sign of an administrative offense as "public danger" and "public harmfulness". After analyzing various points of view, the author came to the conclusion that an administrative offense may have varying degrees of public danger. The importance of such a category as "administrative offense" will be determined by its functionality in countering administrative delicacy. Disclosure of the signs of an administrative offense, and elements of its composition, can make it possible to improve the quality of the process of qualification of administrative offenses. The author also considers such categories as "administrative punishment" and "administrative responsibility" this issue is important from the point of view of the application of administrative coercion in general. Administrative punishment is the most serious measure of influence of an administrative and legal nature, it is administrative penalties that most measures of administrative coercion are subject to. The author noted that the importance of such a category as "administrative punishment" is predetermined by its functionality in countering the commission of administrative offenses. Disclosure of the essence of administrative punishment may make it possible to balance private and public interests in the application of various measures of administrative responsibility, as well as to avoid violations of the requirements of legality and the rights of citizens. The author reveals in great detail the essence of administrative responsibility, namely administrative responsibility is a procedural form for the implementation of administrative penalties.

DOI: 10.25136/2409-7810.2023.3.43775

Abstract: The article discusses the mechanism of administrative coercion, this issue is important from the point of view of the application of various measures of administrative influence. The importance of such a category as the "legal mechanism of administrative coercion" will be predetermined by its functionality in determining methods of coercive influence. The mechanism of application of administrative coercion may make it possible to balance private and public interests in the application of various measures of administrative coercion, as well as to avoid violations of the requirements of legality. The mechanism of administrative coercion is a kind of law enforcement (police) mechanism. Despite this, the mechanism of coercion has its own specifics. The author revealed the features of the mechanism of administrative coercion measures, gave a theoretical analysis of the elements of this mechanism. The paper draws attention to the fact that constructively the mechanism of administrative and legal regulation of the use of coercive measures includes the norms of law, legal relations, acts of application of the norms of law, as well as legal culture. Based on this, the author concludes that the mechanism of action of administrative coercion harmoniously includes both legal and non-legal elements, and the importance of the latter elements is also important for the effectiveness of the implementation of the coercion. The author concluded that the legal culture as an element of the mechanism of administrative coercion has not received a proper theoretical assessment.

DOI: 10.25136/2409-7810.2023.1.39574

Abstract: The article is devoted to the classical problem of administrative law, namely the method of administrative law. The method of legal influence is studied in a variety of aspects. As a rule, attention is paid to the method of legal regulation in the context of the study of the subject of the relevant branch of law. The method gives an answer to the question of how the norms of the relevant branch of law affect public relations, imperative or dispositive. The subject of administrative and legal influence combines elements of dispositivity with imperative (compulsory) influence. Administrative law, having such a combination of various means of regulation, differs from other branches of law in its flexible and meaningful legal impact. The author draws attention to the construction of the method of administrative and legal influence, considers various points of view regarding such a phenomenon as the "legal method". In the course of the study, the author drew attention to such a point of view as "a single method of legal regulation". In a single method of legal regulation, one can see a combination of prohibition, permission and prescription. In each branch of law, one can find prescriptions of a stimulating nature, provisions of an imperative order. It is impossible to achieve a harmonious legal impact without these means. During the study, the author drew attention to the method of resolution, which plays an important role in the system of administrative and legal regulation.

DOI: 10.25136/2409-7810.2023.1.39676

Abstract: The institution of administrative responsibility is one of the key ones in administrative law. However, in order for it to become so, it took quite a long time, the legal support of the institution of administrative responsibility was formed almost throughout the twentieth century. Today, a two-level system of legislation on administrative responsibility has been formed. The modern period of development is simply impossible to imagine without administrative responsibility, the protective properties of which relate to the most diverse spheres of public administration. Based on this, the paper draws attention to legislative and doctrinal provisions related to issues of administrative responsibility. The paper analyzes various doctrinal positions regarding the phenomenon of "administrative responsibility", analyzes its normative basis. The author notes that the institution of administrative responsibility began to develop actively in the twentieth century, this was caused by the need to separate legal responsibility for offenses that do not pose a great public danger from acts that are of significant public danger. Today we can say that administrative responsibility makes a serious contribution to ensuring law and order, and it is no longer possible to imagine a system of legal responsibility without this type of responsibility. The institution of administrative responsibility, in its content, is a dialectical relationship of norms of a material and procedural nature that complement each other. Based on the analysis, the author gives a definition of administrative responsibility.

DOI: 10.25136/2409-7810.2022.4.38924

Abstract: The author examines the administrative law, reveals the system of it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on such elements of the administrative law system as: management law; police law; administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content, on the other hand, they complement each other forming such a phenomenon as modern "administrative law". The author notes that the analysis of the correct definition of the definition of the subject of administrative law will increase the effectiveness of its study. The main conclusion that is made in this article is that the management concept dominates in the educational literature on administrative law, regarding the subject of this industry. Within the system of administrative law, the norms of management law and the norms of police law are harmoniously combined, this is clearly seen in the example of the implementation of administrative and police coercion, administrative and police supervision. The police component within administrative law is sometimes called negative law, but one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects, to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.

DOI: 10.25136/2409-7810.2022.4.39502

Abstract: The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.

DOI: 10.25136/2409-7810.2022.4.39522

Abstract: The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.

DOI: 10.25136/2409-7810.2022.3.38808

Abstract: The subject of the study is the principles of administrative law and administrative activity. This issue in the science of administrative law has not been developed in such detail, nevertheless, the principles of an administrative nature have been studied in an applied aspect, however, a theoretical justification of the relevant principles is necessary for the development of legal doctrine. The article draws attention to a number of important principles of administrative law, the content of some of them is disclosed in detail. The author drew attention to the fact that the characteristics of the principles of administrative law will not be complete if they are considered in isolation from the principles of administrative activity, based on this, these principles are also considered. The main conclusions of this article are that the author presented a system of principles of administrative law and administrative activity. He characterized the relevant principles taking into account the constitutional and social realities, showed the importance of the principles of administrative activity for public administration. Special attention was paid to the principle of social justice, because without taking into account this principle, it is difficult to increase the effectiveness of administrative and legal regulation both in the protective and positive aspects of the crane. Attention is also drawn to a number of other principles of a constitutional nature that underlie the construction of administrative legislation, in particular, the principle of federalism is such a principle.

DOI: 10.7256/2454-0595.2021.2.34111

Abstract: Despite the fact that the questions of administrative enforcement are classic for the theory of administrative law, they retain their relevance. New challenges and threats, as well as the paradigm of social and economic development, substantiate the need for revising the traditional points of view regarding such phenomenon as “administrative enforcement”. The key question on the agenda is the problem of determination of balance between private and public components in application of administrative enforcement measures, as well as the criteria that prevent excessive enforcement. Attention is turned to the functionality of such enforcement. The author describes its procedural and administrative aspects, as well as analyzes the effectiveness of implementation of this type of public enforcement. The questions of administrative enforcement do not cease to be relevant in the time of political and social instability; therefore, in order for the administrative enforcement to discharge its functions, the legislation should take into account the emerging processes and realities. The author notes that for preventing excessive administrative enforcement, the individual rights and freedoms should not be unduly restricted; only this guarantees fair public enforcement. It is also underlined that the administrative enforcement is of procedural nature, which justifies introduction of the category “procedural enforcement” into the formal legal discourse.

DOI: 10.25136/2409-7810.2020.4.34603

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: 10.7256/2454-0595.2020.3.32794

Abstract: This article explores the problems of application of measures of administrative compulsion, pays attention to functionality of measures of administrative compulsion, as well as state the thesis on the fact that despite vast attention to the issue of administrative compulsion, its functions lack scientific development. Considering the theoretical research, the author notices that functionality of administrative compulsion is predefined by the functionality of separate measures of administrative compulsion. Therefore, emphasis is made on the functions of some of the administrative compulsory measures. The theoretical framework of the study is comprised of the works of general theory of law and recent achievements in the science of administrative law. The conclusions of the research consist in a number of proposals on lowering the level of administrative compulsion in the law enforcement work, adjustment of the goals of some types of measures of administrative compulsion, as well as improvements to the positions of legislation determining functionality of certain measures of administrative compulsion. The article highlights the fact that the principal function of administrative compulsion consists in protection of rights and liberties of the citizens.

DOI: 10.7256/2454-0595.2020.2.32375

Abstract: This article explores the issues of legal regulation of migration processes, with attention paid to the fact that this issue carries a global character, since migration determines social and economic development of the country. Its various segments are highlighted which are logically interconnected and form a uniform migration process. The social and economic significance of migration and importance of legal regulation of such relations is proved. The article substantiates the thesis that the efficiency of legal regulation of migration relations is predefined by the quality of management in this sphere. The need is justified for a more flexible order of regulation of migration relations, and proposals are made on development of internal migration process. Attention is turned to the practical functionality of the principles of administrative-legal regulation of migration relations. The authors underline the causes preventing the intensification of the internal migration process, as well as substantiate the importance of the principles that constitute the the system of legal influence; thereupon, the work defines the system of principles of migration regulation.

DOI: 10.25136/2409-7810.2019.4.31331

Abstract: Problems of adhering to the periods of limitation for the institution of administrative proceedings in cases of administrative offences in business activities are urgent. One of the peculiarities of administrative punishment for administrative offences is the variety of special periods of limitation for the institution of administrative proceedings. The authors give special attention to the alarming fact that authorized bodies and courts tend to apply different periods of limitation for the institution of administrative proceedings to the same articles of the Special Part of the Administrative Offences Code of Russia. The authors use the systems method, which helps develop the comprehensive characteristics of administrative regulation of procedural periods; the structural-functional method, which helps reveal the essence of the basic elements of the administrative responsibility implementation mechanism; particular components of sociological methodology used for the development and substantiation of the assessment of the current state of administrative practice of adherence to procedural limits. The aim of the research is to study the roots of this negative law-enforcement practice of non-observance of procedural limits. Based on the analysis of judicial practice, the authors formulate proposals on the improvement of the current provisions of the Administrative Offences Code in order to prevent the development of the negative tendency of non-compliance with periods of limitation for the institution of administrative proceedings in cases of administrative offences in business activities.

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: 10.7256/2306-9945.2018.4.18773

Abstract: In his article Polukarov notes that corruption in the social sphere is of particular concern because it encroaches on public relations protecting the foundations of the social sphere of society, in particular, to protect the citizens including those in difficult life situation, children, the disabled, and health care. The author substantiates the need to strengthen all legal measures of counteraction of corruption in the implementation of the national plan of counteraction of corruption. Available in all compositions of corruption offenses and crimes must be added the qualification: "The same act committed in the social field" that will promote more effective fight against corruption in the specified area, and strengthen the preventive function of law. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study the authro has used theoretical and general philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), and traditional legal methods (formal logical) and the methods used in specific sociological studies (statistical, expert evaluation, etc.). The main conclusion of the research is that at present to ensure law and order in the social sphere it is necessary to improve forms and methods of combating corruption. The main contribution made by the authors in this article is the necessity of development of legal regulation of countering corruption. The novelty of the article is caused by the development of proposals for the development of forms and methods of regulation of countering corruption in the social sphere and the creation of legal and institutional guarantees of legality in the social sphere.

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: 10.7256/2454-0595.2017.3.21381

Abstract: The paper studies the legal nature of administrative responsibility of subjects of advertising for the violation of advertising regulations and the problems of its effectiveness in relation to each of the subjects. The author proves the necessity to extend the list of administrative punishments for inappropriate advertising and to tighten responsibility in terms of ensued negative impact on the advertisement consumers. The author offers two ways of the current advertising regulations improvement and harmonization. Such an approach can promote improvement of the quality of legal regulation of social relations in the sphere of advertisements production and dissemination. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to guarantee law and order in the sphere of advertising, it is necessary to optimize the quality of administrative instruments applied to the subjects producing and disseminating inappropriate advertising. The author formulates the new version of the article of the Administrative Offences Code of the Russian Federation establishing responsibility for inappropriate advertising.

DOI: 10.7256/2454-0595.2017.2.20862

Abstract: The article focuses on legal and organizational problems of realization of administrative responsibility in the economic sphere as a means of legality provision. The author analyzes legality from the position of administrative responsibility implementation as a means of its provision. The article demonstrates the author’s positions on the concept of administrative responsibility in the economic sphere. Special attention is given to the development of the mechanism of administrative responsibility realization in the economic sphere. Besides, the author carries out theoretical and legal analysis of the content of administrative responsibility from the position of legality provision. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessment, etc.). The author concludes that at the present time, in order to ensure law and order in the economic sphere, it is necessary to improve the administrative regulation mechanism as a whole, and the means of administrative responsibility. The author states the necessity to further decriminalize economic offences. The scientific novelty consists in the development of the administrative responsibility theory in relation to the economic sphere.

DOI: 10.7256/2454-0595.2017.2.20914

Abstract: The author analyzes the current Russian legislation on advertising in order to consider the administrative aspect of advertising, the types of inappropriate advertising, the problems of initiation, creation and dissemination of inappropriate advertising, the necessity to protect the consumers’ rights against inappropriate and inaccurate advertising; the author defines and analyzes some administrative mechanisms of the struggle against inappropriate advertising. Based on the research, the author proposes stiffening administrative responsibility for inappropriate advertising. The research methodology is based on recent achievements of epistemology. The author applies general philosophical and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), and traditional methods of jurisprudence (formal logical). The author concludes that inappropriate advertising is an object of complex legal regulation, and legislation on advertising is closely connected with civil, administrative and constitutional law. The role of administrative mechanisms of the struggle against inappropriate advertising can hardly be overestimated; all of them are aimed at the struggle against inappropriate advertising regardless of the presence of damage caused on the consumers by the dissemination of such advertising.

DOI: 10.7256/2306-9945.2017.2.22377

Abstract: The paper considers the problem of disciplinary practice in internal affairs and substantiates the necessity to ensure discipline and legality in internal affairs. The problem in determined by legal and organizational problems, connected with disciplinary practice provision. The topicality of the issue under study is determined by the fact that discipline and legality in internal affairs influence the quality of the police’s work. The author proves that the effectiveness of disciplinary practice is affected by the quality of formalized principles of its provision. Based on the conducted research, the author suggests improving the mechanism of implementation of particular principles of disciplinary practice. The research methodology is based on traditional methods if scientific cognition. The author applies general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and induction), traditional methods of jurisprudence (formal logical), and the methods of specific sociological research (statistical assessments, etc.). The author concludes that at the present time, to ensure disciplinary practice in internal affairs of Russia, it is necessary to improve the quality of the corresponding principles and take them into account in law enforcement activities of internal affairs agencies. The author reveals the content of the principles of disciplinary practice and formulates their concepts in the theoretical aspect.

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: 10.7256/2454-0692.2017.1.17949

Abstract: The research subject is legal and organizational problems of anti-corruption security of the social sphere. The author carries out theoretical and legal analysis of the struggle against corruption in the social sphere involving criminal legal and administrative measures. The paper demonstrates the author’s positions on the concept of anti-corruption policy in the social sphere. The main attention is given to the development of methods and methodology of legal regulation of the struggle against corruption in the social sphere. Besides, the author carries out theoretical and legal analysis of the notions of anti-corruption legislation development concepts. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal-logical), and the methods of sociological research (statistical methods, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve forms and methods of legal regulation of the struggle against corruption. The author states the necessity to develop legal regulation of corruption prevention in the social sphere. The scientific novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the struggle against corruption and the provision of legal and organizational guarantees of law and order in the social sphere.

DOI: 10.7256/2454-0595.2017.1.21382

Abstract: The paper considers the problem of corruptogenic risks in social legislation and administrative means of their elimination. The problem is determined by legal and organizational problems of implementation of anti-corruption legislation in the system of social relations. The topicality of this issue is determined by the fact that anti-corruption issues are especially significant in the social sphere, since it affects the quality and expectancy of life. The author substantiates the necessity to increase the effectiveness of administrative anti-corruption measures in the social sphere. The author suggests improving anti-corruption mechanisms in the social sphere using anti-corruption expertise means. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve legislation on social guarantees and social protection and harmonize it with anti-corruption legislation. The author states the necessity to improve the quality of the struggle against corruption in the social sphere using anti-corruption expertise.

DOI: 10.7256/2454-0595.2016.12.20117

Abstract: The article considers the problem of realization of administrative and jurisdictional means of the struggle against corruption in the social sphere. This problem if conditioned by legal and organizational issues, connected with the implementation of anti-corruption legislation in the social relations system. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests improving anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.

DOI: 10.7256/2454-0706.2016.10.17894

Abstract: This article focuses on the issues of legal and organizational character associated with the improvement of prescribing practices for certain punishments for crimes of corruption in the social sphere. The author carefully considers the aspects of the topic such as improving the practice of sentencing for crimes of corruption in the Russian Federation. Analysis is conducted on the practice of application of these penalties in recent years. It is noted that the practice of sentencing for corruption (including for crimes of corruption in the social sphere) constantly changed, which is linked to the constant reform of the criminal law in terms of punishment for corruption according to the criminal code. This work also analyzes the judicial practice in this sphere. The main contribution made by the author in this article is that the key directions of improving the practice of sentencing for crimes of corruption in the social sphere should be reduction in the use of the penalty of imprisonment. The author concludes that the systemic application of prison sentences for this category of crime should be replaced with a systemic application of punishment in form of confiscation, revocation of the right to hold any public office, and apply a more flexible and differentiated approach.

DOI: 10.7256/2454-0595.2016.10.20146

Abstract: The article considers the issues of administrative responsibility for the violation of the rules of stay in the Russian Federation for foreign citizens. The author notes that the problem of migration is very significant in modern Russia. To ensure law and order in the sphere of migration, the measures of administrative coercion are widely used, particularly, the measures of administrative responsibility. Law enforcement practice has revealed the problem of existence of various approaches to the imposition of administrative responsibility on Russian citizens, married to foreign citizens (article 18.9 “Violation of entry regulations or rules of stay in the Russian Federation by a foreign citizen or a stateless person” of the Administrative Offences Code of the Russian Federation), and Russian citizens, married to Russian citizens (article 19.15.1.”Residence of a citizen of the Russian Federation at a place of stay or a place of residence without a registration” of the Administrative Offences Code of the Russian Federation). This difference is of a discriminatory nature; it contradicts the provisions of the International Covenant on Civil and Political Rights and the Family Code of the Russian Federation. The legislator should make efforts to eliminate this difference. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical) and the special methods of sociology (statistical methods, expert assessments, etc.). The author concludes that at present, it is necessary to improve legal and organizational grounds of realization of administrative responsibility measures in the sphere of migration. The author concludes about the necessity to improve the quality of migration policy implementation in the Russian Federation.

DOI: 10.7256/2454-0595.2016.10.20530

Abstract: The article reveals the process of formation of administrative judicial law in the Russian Federation. This process is inextricably connected with the realization of the constitutional provision on administrative legal proceedings as one of the forms of realization of judicial authority. In this context, the recodification of the current procedural legislation and the adoption of the Administrative Procedure Rules in 2005 were among the most important conditions of the formation of administrative judicial law. The author concludes that the adoption of the Administrative Procedure Rules leads to the establishment of a new paradigm of administrative justice in Russia, to the formation of independent administrative legal proceedings. The author considers the problem of the administrative judicial law system as a forming branch of law. The author defines the administrative judicial law structuring criteria. The author concludes about the importance of the Administrative Procedure Rules which had legitimated the administrative judicial law fundamentals, corresponding with the standards of the rule-of-law state. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to establish the administrative justice institution, many things should be done, particularly, it is necessary to improve the quality of various administrative and procedural means of adjudication of cases. The author states the necessity to improve the procedural regulation of adjudication of administrative cases.

DOI: 10.7256/2454-0706.2016.10.42912

DOI: 10.7256/2454-0706.2016.9.17895

Abstract: The subject of this research is the issues of the legal and organizational nature associated with implementation of fines for corruption crimes in social sphere. The author carefully examines such aspects of the topic as improvements to the practice of application of these measures over the recent years. A conclusion is made that the practice of issuing fines for corruption (including corruption crimes in the social sphere) are always undergoing change, which is closely tied to the constant reforms in the criminal law with regards to corruption crimes. The author’s contribution into the research of this topic is the discovery of the need to improve the practice of assignment of punishments for corruption crimes in form of fines. The author concludes that the systemic application of imprisonment as form of punishment for corruption crimes is not ideal due to various reasons, including economic, the threat of a systematic replace of the unimplemented and most popular method of punishment for such crimes – fines, can become an effective means in the fight against the “uncollectability” of the ladder.

DOI: 10.7256/2454-0595.2016.9.19222

Abstract: The article studies the problem of application of administrative instruments of combating corruption in the social sphere. This issue is conditioned by legal and organizational problems of combating corruption in the social sphere. The problem of corruption in the social sphere is particularly important since it affects the quality of people’s life. The author explains the necessity to increase the effectiveness of administrative instruments of combating corruption in the social sphere. The author suggests improving both material and procedural administrative instruments of combating corruption in the social sphere. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the quality of various administrative instruments of combating corruption in the social sphere. The author states the necessity to develop legal regulation of combating corruption in the social sphere with the help of administrative instruments.

DOI: 10.7256/2454-0595.2016.9.20074

Abstract: The article substantiates the specific rules of guilt qualification in the cases of infliction of harm according to civilized and administrative legislation. Unlike public delictual relations, the qualification of a guilty civilized offence doesn’t comply with the assumption of innocence attributes, and especially with the imposition of the burden of evidence on public officials. The qualification of a guilty act of a person in relation to civilized delicts and administrative offences is connected with detecting the psychological criteria of guilt in the form of a guilty intent or negligence, but, unlike the administrative responsibility cases, there are no definitions of a guilty intent or negligence. The author concludes that the qualification of a negligent act with the signs of “gross carelessness” in relation to civilized responsibility is widely spread. It is noticeable in comparison with administrative responsibility which doesn’t individuate the forms of negligence, unlike criminal responsibility characterized by the formalization of attributes of negligence. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research. The author proves that the presumption of objective imputation of delict is a specific phenomenon typical only for civilized responsibility. Besides, the author substantiates the conclusion about the identity of subjective criteria of corporate guilt, established by the Civil Code and the Administrative Offences Code, and the legally important circumstances of force majeure, extreme necessity and necessary defence. A civil sanction, unlike a public one, is not a punishment and doesn’t have preventive purposes.

DOI: 10.7256/2454-0706.2016.9.42913

DOI: 10.7256/2454-0595.2016.8.18103

Abstract: The research subject is the range of legal problems of combating corruption in the social sphere. The author analyzes constitutional regulation of combating corruption in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the combating corruption concept. The main attention is paid to the development of methods and methodology of constitutional regulation of combating corruption in the social sphere. Besides, the author analyzes the concepts of development of constitutional law in the context of combating corruption in Russia. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of constitutional regulation of combating corruption. The author states the necessity to develop constitutional regulation of combating corruption. The novelty of the study consists in the proposals about the development of forms and methods of state regulation of the social sphere.

DOI: 10.7256/2454-0595.2016.7.18107

Abstract: The research subject is the range of administrative problems of corruption prevention in the social sphere. The author analyzes administrative rules of corruption prevention in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the corruption prevention concept. The main attention is paid to the development of methods and methodology of constitutional regulation of corruption prevention in the social sphere. Besides, the author analyzes the concepts of administrative law development in the context of corruption prevention. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of administrative regulation of corruption prevention. The author states the necessity to develop constitutional regulation of corruption prevention. The scientific novelty consists in the proposals about the development of forms and methods of administrative regulation of the social sphere.

DOI: 10.7256/2454-0595.2016.7.19586

Abstract: The author notes that in the context of achievements of the recent administrative reform, it is necessary to study the issues of supervisory activities harmonization. The author evaluates the attempt to develop and adopt the special federal law on supervisory activity which is currently being prepared by the Ministry of Economic Development of Russia. The author considers the adoption of this document unreasonable and concludes that it is necessary to continue the improvement of the existing federal law of 26 December 2008 No 294 “On the protection of rights of legal entities and entrepreneurs during state and municipal control”, whose potential hasn’t been exhausted. The author analyzes the practice of enforcement of the article 19.6.1 of the Administrative Offences Code of the Russian Federation and formulates the proposals about the improvement of the effectiveness of its provisions application. For the purpose of supervisory activities harmonization, the author suggests establishing the procedure of public substantiation of introduction and redistribution of supervisory functions of executive authorities. The author notes the necessity to introduce the procedure of public administrative consultations with the organizations of entrepreneurs regarding supervisory activities. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the sphere of supervisory activity improvement, it is necessary to observe the legislation on supervisory activity; therefore, it is necessary to develop the legislation on supervisory activity.

DOI: 10.7256/2306-9945.2016.6.19772

Abstract: The research subject is the problem of application of administrative and legal anti-corruption instruments in the non-public sector of the social sphere and social services. The problem is conditioned by legal and organizational issues, typical for the process of implementation of anti-corruption legislation within the social relations system. The topicality of the problem is conditioned by the fact that anti-corruption issues are especially important in the social sphere, since it has an impact on the quality and expectancy of life. The author substantiates the necessity to improve the efficiency of application of administrative and legal anti-corruption instruments in the social sphere. Based on the research, the author suggests improving anti-corruption mechanisms in the non-public regulation of the social sphere. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative and legal anti-corruption instruments in the social sphere. The author states the necessity to improve anti-corruption measures in the social sphere.

DOI: 10.7256/2454-0692.2016.6.21471

Abstract: The study considers administrative and legal procedures of the exercise of the right to purchase weapons for collecting by the citizens of the Russian Federation. The authors pay special attention to the allocation of functions between the Ministry of Internal Affairs and the Federal National Guard Troops Service of the Russian Federation in weapons control. The authors analyze the provisions of the Russian legislation about the types of weapons which can be collected. Special attention is given to the licensing in weapons turnover. The authors substantiate the necessity to increase the quality of legal regulation of relations in the sphere of weapons collecting. The authors suggest improving the weapons turnover mechanism in general. The research methodology is based on the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at the present time, the rules of weapons collecting are governed by the Federal Law “On weapons”; this law establishes administrative regime of weapons turnover. In addition, the legislator establishes only the peculiarities of this legal regime, conditioned by the purposes of collecting. At the same time, ancient weapons collecting if prohibited in some countries.

DOI: 10.7256/2454-0595.2016.5.15760

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of economic safety. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety provision. The paper demonstrates the author’s positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations’ safety. The author analyzes the concepts of development of law and economics in the recent conditions. The paper describes the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative legal regulation of its safety. The author states the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of the Russian economy.

DOI: 10.7256/2454-0692.2016.5.17609

Abstract: The article focuses on the problems of transnational organized crime which poses a serious threat to international security and strategic stability. Therefore, international cooperation in preventing it is Russia's foreign policy priority. This article contains the analysis of the provisions of treaties between Russia and South Ossetia "On alliance and integration" and "On mutual assistance in criminal cases", ratified in 2015. Special attention is paid to the issues of bilateral cooperation in the sphere of struggle against organized crime.The main attention is paid to the development of methods and methodologies of preventing various forms of organized crime. Besides, the article provides the theoretic and legal analysis of the concepts of development of the legislation on preventing economic crimes. The paper demonstrates the authors' position on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal logical), and special methods of sociology (statistical, expert evaluation, etc.).The authors conclude that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of struggle against organized crime. The authors state the necessity to develop legal regulation of economic security. The scientific novelty of the study consists in the proposals about the development of forms and methods of struggle against organized crime.

DOI: 10.7256/2454-0692.2016.5.17726

Abstract: The research subject is the range of legal and procedural problems of choosing a measure of restriction in criminal proceedings. The author analyzes the process of choosing a measure of restriction from the position of defense. The topicality of the problem is conditioned by the practice of consideration of petitions, initiated by investigative agencies, for choosing or renewal of a measure of restriction against the accused or the suspect. It seems that this process often violates the provisions of the Constitution of the Russian Federation and the rules, established by the criminal procedural law, which order to exercise the court procedure on the base of equity and the adversarial nature of the proceedings. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal-logical) and special sociological methods (statistical, expert assessments, etc.). The author attempts at analyzing the parity of the parties to the court proceedings in choosing (renewal) of a measure of restriction. The analysis is based on the logical, empirical, formal-legal, formal-abstract and other methods of scientific cognition. In the author’s opinion, his conclusions are necessary for the further study of the mentioned issue, and the suggestions are sufficient enough to amend the regulations of the criminal procedural law thus promoting trust in the judicial power.

DOI: 10.7256/2306-9945.2016.5.19717

Abstract: The research subject is the problem of application of administrative anti-corruption measures at the municipal level of regulation of the social sphere. This problem is caused by legal and organizational problems, occurring during the implementation of anti-corruption legislation at the municipal level of regulation of social relations. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests to improve anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.

DOI: 10.7256/2454-0595.2016.4.15736

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the Russian economy promotion. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The paper presents the author’s positions on the concept of state regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the state and the private sectors of the Russian economy. The author states the necessity to develop administrative-legal regulation of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and organizational guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0692.2016.4.17302

Abstract: The article studies legal regulation of the activities of police officers, particularly, the problem of their civil responsibility for lawful actions. Taking into account the judicial practice, the author concludes about the possibility of civil responsibility of police officers only in the case of their unlawful actions. The author draws attention to the groundlessness of the recognition of firearms as sources of special danger and, subsequently, the groundlessness of application of certain provisions of the Civil Code of the Russian Federation about the compensation for moral harm regardless of the guilt. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and special sociological methods (statistical, expert assessments, etc.). The author concludes that at present it is necessary to improve legal regulation of compensation for moral harm and the forms and methods of legal regulation of public service relations within the Ministry of Internal Affairs system. The author states the necessity to develop legislative aspects of compensation of moral harm and recognition of firearms, used officially, as sources of special danger.

DOI: 10.7256/2454-0633.2016.4.17896

Abstract: The article focuses on the problems of legal and organizational issues associated with international legal counteraction of corruption in the social sphere. The author carried out a detailed theoretical and legal analysis of international legal means of combating corruption in the social sphere with universal legal positions. Discusses the author's position regarding the notion of international-legal counteraction to corruption. The main attention is paid to development of methods and methodology of international legal regulation of countering corruption in the social sphere. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at present to ensure law and order in the social sphere it is necessary to improve the legal anti-corruption measures in the social sphere. The main contribution made by the authors in this article is the necessity of implementation of international legal standards for combating corruption in the social sphere. The novelty of the article lies in development of proposals for the development of forms and methods of fighting corruption and creating legal and institutional guarantees of legality in the social sphere.

DOI: 10.7256/2454-0595.2016.4.18468

Abstract: The research subject is the range of legal and organizational problems of forming and using the reserve fund. The author considers the order and the practice of budget appropriations allocation. The author analyzes the concepts of legal regulation of financial relations connected with the order of forming and using the reserve fund. The paper considers the intended use of the reserve funds of the Government of the Russian Federation. Special attention is paid to the problem of the reserve fund expenditures. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of public finance, it is necessary to improve forms and methods of budget regulation. The author proclaims the necessity to develop legal regulation of budget regulation. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of financial relations.

DOI: 10.7256/2306-9945.2016.4.18909

Abstract: The research subject covers the problems of budgetary funds using in the Federal Penitentiary Service. The author notes that, despite the declared success of the reforms in the sphere of social support of the penal system officers and their families, the existing economic and political problems (the economic crisis caused by the sanctions after the 2014 events in Ukraine, the reduction of budget provisions of the Federal Penitentiary Service, the stay of legal norms which used to provide for the increase of substantive pays of the penal system officers adjusted for inflation and others) lead to the distrust of the personnel in the senior staff, legal nihilism, the outflow of the personnel from the penal system and the weakening of its professional core. In the author’s opinion, one of the reasons for corruption crimes in the penal system is the social despondency of the penal system officers and their dissatisfaction with their material standing. Corruption destabilizes the normal functioning of the penitentiary system, undermines the citizens’ trust in law enforcement agencies, and, therefore, should be considered on the federal level. The urgency of this study is conditioned by the fact that at present, in order to maintain the penal system officers’ and their families’ trust in law and the state, and the effectiveness of the social support and implementation of their rights, acquired in accordance with the current legislation, establishing the officially recognized status of this category of citizen, the work of the Federal Penitentiary Service of Russia and the management of different levels should be transparent. The informing about the distribution of budget provisions within the Federal Penitentiary Service of Russia for welfare payments to the penal system officers and their families should be carried out both in the form of reports on the official websites of institutions, agencies and organizations of the penal system, and on the official website of the Federal Penitentiary Service of the Russian Federation. The research methodology is based on the latest achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to optimize budget expenses in the penal system, it is necessary to improve forms and methods of their application monitoring. The author asserts that it is necessary to develop legal regulation of financial control within the penal system. The author proposes the ways to develop forms and methods of budget monitoring in the penal system.

DOI: 10.7256/2306-9945.2016.4.18950

Abstract: The research subject is legal regulation of the improvement of combating corruption in the social sphere. The topicality of this issue can be explained by the fact that at present corruption in the social sphere causes special concerns, since in this sphere it infringes on social relations protecting the fundamentals of the social sphere of the society. In particular, it is about the protection of citizens in difficult situation, children, disabled people, and the issues of health. The author substantiates the necessity to strengthen combating corruption and implementation of the combating corruption national plan by all administrative means. The author suggests developing the monitoring of implementation of the regulation on combating corruption, thus increasing the effectiveness of combating corruption in this sphere and strengthening the preventive function of administrative law. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of information support of combating corruption in the social sphere and the control over property of the social sector employees. The author asserts that it is necessary to develop legal regulation of combating corruption. The scientific novelty of the study consists in the proposals about the development of forms and methods of combating corruption in the social sphere.

DOI: 10.7256/2454-0692.2016.4.19215

Abstract: The author of the study notes that at the present stage of state-building, it is important to develop the legislation aimed at regulating the relations in the sphere of emergency situations prevention. The author substantiates the necessity to improve the quality of law-making by all legal and organizational means. The author explains the list of priorities of the legal support of the work of the Ministry of Emergency Situations of Russia development including the improvement of operational analysis of processes and phenomena in the sphere of responsibility and the clear formulation of the proposals about changing the legislation, addressed to the subjects of legislative initiative; the improvement of the system of information and analytical support of law-making; the development of the legislation implementation monitoring in the sphere of the Ministry of Emergency Situations. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure health and safety of the population, it is necessary to improve forms and methods of the work of the Ministry of Emergency Situations. The author states the necessity to develop legal monitoring of the Ministry activity. The scientific novelty of the study consists in the proposals about the development of forms and methods of legal monitoring.

DOI: 10.7256/2306-9945.2016.4.20145

Abstract: The paper considers the principles of people’s patrols functioning as one of the forms of participation of citizens in public order protection. The interaction of citizens and law enforcement agencies, aimed at law and order maintenance and rights and lawful interests of citizens protection, is one of the main directions of work reflected in the federal laws “On Police” and “On the participation of citizens in public order protection”. The author analyzes the most important problems of people’s patrol’s activities, using the case of Chelyabinsk region, and proposes the ways of their solution. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to increase the effectiveness of public order protection, it is necessary to improve legal and organizational bases of cooperation between citizens and the police. The author asserts that it is necessary to increase the quality of interaction between citizens in the sphere of public order protection. The author demonstrates the peculiarities of this interaction in Chelyabinsk region.

DOI: 10.7256/2454-0595.2016.3.15728

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of state economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative regulation of public sector of the economy. The paper demonstrates the author’s positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative pressure on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (forma logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of administrative pressure on the public sector of the economy. The author claims that it is necessary to develop administrative regulation of the state economy. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of the economy and about the provision of legal and organizational guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0595.2016.3.16114

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of the procedure executed in the sphere of internal affairs. The author analyzes the concepts of legal regulation of procedural activities within the system of the Ministry of Internal Affairs of the Russian Federation. The paper presents the author’s positions on the category “administrative procedure”. The main attention is paid to the development of methods and methodology of administrative regulation of positive relations in the sphere of internal affairs. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal-logical), and the methods of specific sociological research (statistical, expert assessment, etc.). The author comes to the conclusion that at present, in order to ensure law and order in the sphere of internal affairs, it is necessary to improve forms and methods of administrative regulation of procedural activities. The author claims that it is necessary to develop administrative regulation in the sphere of internal affairs. The novelty of the research lies in the proposals to develop forms and methods of administrative regulation in the sphere of internal affairs and to provide for legal and organizational guarantees of legality in the sphere of internal affairs.

DOI: 10.7256/2454-0692.2016.3.16895

Abstract: The research subject is the range of legal and organizational problems of administrative and legal regulation of the modern economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative and legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the economy. The author declares the necessity to develop administrative and legal regulation of the economy. The novelty of the study consists in the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality in the Russian economy.

DOI: 10.7256/2454-0595.2016.3.18300

Abstract: The article considers legal and organizational issues of applying the mechanisms of public-private partnership in the sphere of public health in the light of the new federal law No 224. The authors analyze the latest amendments to statutory instruments regulating public-private interrelations in the Russian Federation. The analysis of bibliography on the issue reveals the main problems of application and directions of development of public-private partnership in the sphere of public health. The main attention is paid to the development of methods and methodology of legal regulation of public-private partnership in the sphere of public health. The authors analyze the concepts of development of law and medicine in the modern conditions. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods used in specific sociological research (statistical, expert assessments, etc.). The authors conclude that at present, in order to develop public-private partnership in the sphere of public health, it is necessary to improve forms and methods of its application. The authors also claim that it is necessary to develop public-private partnership in the sphere of public health. The novelty of the study lies in the proposals about the development of forms and methods of public-private partnership in the sphere of public health and the establishment of legal and organizational guarantees of law and order in this sphere.

DOI: 10.7256/2409-7810.2016.3.18775

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of the modern economy. The author conducted a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. Discusses the author's position on the concept of state regulation of economy. The main attention is paid to developing methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of concepts of development of law and Economics in modern conditions. Discusses the author's position concerning the interpretation and legal regulation of these categories. The methodological basis of the article recent advances in theory of knowledge. In the study applied the General philosophical, theoretical, philosophical methods (dialectics, system, method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical, expert evaluation, etc.). The main conclusion drawn from the results of the study is that at the present time to ensure law and order in the housekeeper needs to improve forms and methods of administrative-legal influence on state and non-state sector of the Russian economy. The main contribution made by the authors in this article is the need for the development of administrative-legal regulation of the economy. The novelty of the article is to develop proposals for the development of forms and methods of state regulation of economy, and the creation of legal and institutional guarantees for the rule of law in the economy of our country.

DOI: 10.7256/2454-0692.2016.3.18898

Abstract: The article focuses on the issues of combating corruption in China. The article notes that corruption is a system threat to the security of many countries, including the People's Republic of China. The article contains the analysis of anti-corruption articles of the Criminal code of China (1997), and the status and dynamics of fighting corruption in this country using legal and administrative means. The importance of this issue is based on the fact that at present corruption causes deep concern. The authors ground the necessity to strengthen all the legal measures of fighting corruption in the implementation of the national anti-corruption plan taking into account the Chinese experience in this sphere. It is proposed to develop anti-corruption legislation, which will contribute to a more effective struggle against this phenomenon and strengthen the preventive function of administrative law.The methodological basis comprises the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system 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 main conclusion of the study runs that at present, in order to ensure legality, it is necessary to improve forms and methods of combating corruption using administrative legal and criminal legal means. The main contribution of the authors is the conclustion about the necessity to develop legal regulation of fighting corruption. The novelty of the article lies in the proposals about the development of forms and methods of fighting corruption based on the experience of China.

DOI: 10.7256/2409-7810.2016.3.18901

Abstract: The article focuses on the legal and institutional order on the Russian-Abkhaz cooperation in the fight against transnational organized crime and corruption. The article notes that organized crime is one of the strategic threats to the national security of Russia. That is why international cooperation in combating it is a foreign policy priority of our country. This article contains an analysis of certain provisions of the Treaty between Russia and Abkhazia "About Alliance and strategic partnership", which was ratified in 2015 and also signed in the same year of the Treaty "On mutual legal assistance in criminal matters". Special attention is paid to the issues of bilateral police cooperation in the fight against organized crime and corruption.The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at the present time, for law enforcement it is necessary to improve forms and methods of combating corruption. The main contribution made by the authors in this article is the necessity of developing international cooperation in the sphere of fighting corruption. The novelty of the article lies in development of proposals for the development of forms and methods of regulation of countering corruption.

DOI: 10.7256/2306-9945.2016.3.18961

Abstract: The research subject includes statutory instruments regulating the authorities of judicial bodies in the monitoring of legality of administrative acts and the official data of executive bodies on the results of this monitoring. The author considers the change of the legislation in the sphere of division of jurisdiction over cases in the sphere under consideration between different branches of judicial system; analyzes the authorities of judicial bodies in the monitoring of legality of administrative acts and the legal consequences of deeming administrative acts illegal. The article substantiates the necessity to strengthen legality in the judicial sphere by all legal means. The author applies the methods of system analysis, the comparative-legal, formal-logical and other methods accepted in modern jurisprudence. The novelty of the study is conditioned by the characteristic of the recent changes in the procedural legislation of the Russian Federation (the Administrative Procedure Code, the Civil Code, the Administrative Court Procedure Code of the Russian Federation) regulating the jurisdiction of cases on appeal against normative and non-normative acts of executive bodies and officials, the author’s systematization of subjects and objects of judicial supervision over legality of acts in the sphere of public management. The author concludes that at present, in order to ensure legality if the sphere of public management, it is necessary to improve forms and methods of its ensuring. The author states that it is necessary to develop legal regulation of legality ensuring. The novelty of the study consists in the proposals about the development of forms and methods of legality ensuring in the judicial sphere.

DOI: 10.7256/2454-0692.2016.2.16716

Abstract: The article focuses on legal and organizational problems of administrative regulation of priming of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative regulation of priming of the economy. The article demonstrates the author’s positions on the concept of legal regulation of the economy. The author analyzes the concepts of development of law and economics in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of administrative regulation of priming of the economy. The author’s contribution is the conclusion about the necessity to develop administrative regulation of priming of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and organizational guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0692.2016.2.17750

Abstract: The research subject is the range of legal and procedural problems of implementing a short-form pre-trial procedure. The author analyzes a short-form pre-trial procedure. The topicality of this issue is conditioned by the practice of implementing a short-term pre-trial procedure. The author supposes that this process violates the provisions of the Constitution of the Russian Federation and the Criminal Procedural Code. A short-form pre-trial procedure is provided by the regulations of the criminal procedural law prescribing to execute legal proceedings on the base of the principle of equality and competitiveness. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to improve the procedural provision of pre-trial restrictions. The author attempts to analyze the parity of sides in the process of considering the petition for the preventive measure. The analysis is based on the logical, empirical, technical, formal-abstract and other methods of scientific cognition. The author formulates the conclusions which are necessary for the further study of this issue. The author’s suggestions are suitable for amending the provisions of the criminal procedural law regulating this form of relations, thus promoting the formation of confidence in the institution of a short-form pre-trial procedure.

DOI: 10.7256/2409-7810.2016.2.17863

Abstract: The subject of the article is the problems of legal and organizational character connected with the international cooperation of Russia and Argentina in the criminal and legal sphere. The author in detail carries out the theoretical legal analysis of concepts of legal regulation by the international cooperation of Russia and Argentina in the criminal and legal sphere. Author's positions concerning concept of legal international cooperation are considered. The main attention in article is paid developments of methods and methodology of the international cooperation. Besides, in article the theoretical legal analysis of concepts of concepts of development international and criminal in modern conditions is carried out. The methodological basis of article was made by modern achievements of the theory of knowledge. In the course of research all-philosophical methods (dialectics, a system method, the analysis, synthesis, analogy, deduction, supervision, modeling), traditionally legal methods (formal and logical), and also the methods used in concrete and sociological researches were applied as well as all-philosophical, theoretical methods (statistical, expert estimates, etc.). Article contains the analysis of provisions of the Russia-Argentina contracts "About Mutual Aid on Criminal Cases" and "About Delivery" ratified at the end of 2015. The special attention is paid to questions of criminal prosecution and delivery of criminals of both countries, including for serving sentence in the form of imprisonment.The main contribution which is made by authors in the present article it is need of development of the international cooperation for the criminal and legal sphere. Novelty of article consists in development of offers on development of forms and methods of the international cooperation in the criminal and legal sphere between Russia and Argentina

DOI: 10.7256/2454-0595.2016.2.17871

Abstract: The research object is the range of legal and organizational problems of the state performing its social function. The authors analyze the concepts of legal regulation of the Russian state’s social function. The article demonstrates the authors’ position on the concept of social protection of the person. The main attention is paid to the development of methods and methodology of legal confirmation of the state’s social function. In addition, the authors analyze the social function concept in the modern conditions. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems approach, analysis synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The authors come to the conclusion about the necessity to develop effective mechanisms of social policy implementation. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of social policy and legality ensuring.

DOI: 10.7256/2454-0692.2016.2.17952

Abstract: The research subject is the range of legal and organizational problems of fight against corruption in police. The author analyzes fight against corruption by means of administrative-legal instruments. The article studies Russian anti-corruption legislation and the problems of anti-corruption policy implementation in the sphere of domestic affairs. The main attention is paid to the development of methods of legal regulation of fight against corruption in Russian police service, and anti-corruption prohibitions and limitations. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the sphere of domestic affairs, it is necessary to improve forms and methods of legal regulation of fight against corruption. The author claims that it is necessary to develop legal regulation of fight against corruption in police service. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of fight against corruption.

DOI: 10.7256/2306-9945.2016.2.18754

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of economic safety. The authors analyze the concepts of legal regulation of economic relations from the position of administrative-legal regulation of their safety ensuring. The paper demonstrates the authors’ positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations’ safety. The authors analyze the concepts of development of law and economics in the modern situation. The paper shows the authors’ positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The authors state that it is necessary to develop administrative-legal regulation of economic safety. The paper contains the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of Russia’s economy.

DOI: 10.7256/2306-9945.2016.2.18865

Abstract: The research subject is legal regulation of anti-corruption monitoring in the social sphere. The topicality of this problem is determined by the fact that nowadays corruption in the social sphere arouses particular concern, since it threatens social relations protecting the fundamentals of the social sphere of the society, in particular, the protection of citizens, including those in need, children, and physically challenged persons, and the protection of health. The author substantiates the necessity to enhance by all legal means struggle against corruption in the implementation of the national anti-corruption plan. The author suggests developing the monitoring of anti-corruption legislation implementation thus stimulating a more effective struggle against corruption in this sphere and enhancing the preventive function of administrative law. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the forms and methods of anti-corruption monitoring. The author states that it is necessary to develop legal regulation of struggle against corruption and offers the ways of development of forms and methods of anti-corruption monitoring and guaranteeing legality in the social sphere.

DOI: 10.7256/2454-0595.2016.1.15418

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of the modern economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both public and private sectors of the economy. The article demonstrates the author’s positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author analyzes the concepts of development of law and economy in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on public and private sectors of the Russian economy. The author states that it is necessary to develop administrative-legal regulation of the economy; he proposes the measures for development of forms and methods of government regulation of the economy and provision of legal and organizational guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0595.2016.1.15723

Abstract: The article focuses on legal and organizational problems of administrative offences qualification in Russia. The author analyzes the problems of qualification of administrative offences consisting in non-declaration or false declaration of goods. The author studies the legal grounds and the legal composition of the mentioned administrative offences, their forms and specificities of qualification by the officials of customs agencies, the order of their procedural registration, and the measures of law-enforcement practice improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the customs sphere, it is necessary to improve the procedural forms of administrative-legal sanctions imposition for the violation of legislation on administrative offences. The author states that it is necessary to develop the institution of administrative liability in the customs sphere; he proposes the measures for administrative offences qualification improvement.

DOI: 10.7256/2454-0595.2016.1.15799

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of juvenile delinquency prevention. The author analyzes the concepts of legal regulation of German police’s preventive activities from the position of administrative-legal regulation of juvenile delinquency prevention. The main attention is paid to the development of methods and methodology of administrative-legal regulation of juvenile delinquency prevention using German experience. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that it is necessary to use the experience of law-enforcement agencies of Germany in preventing administrative offences committed by minors. The author of the paper analyzes the methods of specialized agencies, responsible for preventing juvenile delinquency in Germany, and possibilities to use them in Russia. The author proposes the ways to develop forms and methods of administrative-legal regulation of preventive activities in the sphere of internal affairs.

DOI: 10.7256/2409-7810.2016.1.16093

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative regulation of the non-state sector of economy. The author has conducted a theoretical and legal analysis of the concepts of legal regulation of economic relations in the private sector of the economy from the viewpoint of its administrative regulation. The author also discusses the researchers' positions on the concept of state regulation of economy. The main attention is paid to developing methods and methodology of administrative regulation of security of economic relations. In addition, the author of the article presents a theoretical and legal analysis of the concepts of development of law and economics under current conditions. Saidov also analyzes different position concerning the interpretation and legal regulation of these categories. The methodological basis of the article includes recent researches on the theory of knowledge. In the course of the study the author has applied general philosophical and theoretical methods (dialectics, systems approach, method, analysis, synthesis, analogy, deduction, observation and modeling), traditionally legal methods (formal logic) as well as methods used in concrete sociological research (statistical, expert evaluation, etc.). The main conclusion drawn from the results of the study is that at the present time to ensure law and order in economy it is necessary to improve forms and methods of administrative regulation in the private sector. The main contribution made by the author of the article is the need for the development of administrative regulation in the private sector. The novelty of the research is caused by the fact that the author has developed proposals for the development of forms and methods of state regulation of economy and discussed legal and institutional guarantees for the rule of law in the economy of our country.

DOI: 10.7256/2454-0692.2016.1.16653

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the economy. The author analyzes the concepts of legal regulation of economic relations form the position of administrative-legal regulation. The article demonstrates the author’s positions on the concept of legal regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations. In addition, the author analyzes the concepts of development of law and economics in the current conditions. The study demonstrates the author’s positions on interpretation and legal regulation of these categories. The methodology is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological researches (statistical, expert assessments, etc.). The author concludes that recently, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The author states the necessity to develop administrative-legal regulation of the economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and about the provision of legal and organizational guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0692.2016.1.16757

Abstract: The research subject is administrative-legal status of a pretrial detention facility of the Federal Penitentiary Service of Russia in implementing law-enforcement functions within penitentiary system of Russia, and systematization of administrative-legal status of a pretrial detention facility. The authors are the first to study this issue due to the fact that the profile of a pretrial detention facility is not quite clear. The research methodology comprises the general scientific dialectical method. The authors also apply the method of historical analysis of administrative status of a pretrial detention facility, and the deductive method, to define the place of a pretrial detention facility in the public administration system. The authors use the methods of induction, analysis and synthesis, which help achieve most of the results and develop the concepts of the study. The authors conclude that it is necessary to improve the elements and components of administrative-legal status of a pretrial detention facility in law-enforcement activities. The authors define the basis of administrative-legal status of a pretrial detention facility and establish its profile. The authors outline the peculiarities of administrative-legal status of a pretrial detention facility; offer the definition of this category. The authors substantiate the composition of this status in the law-enforcement sphere (tasks, functions, rights, duties, responsibility, legal guarantees of a pretrial detention facility as a legal entity), and confirm the concepts of administrative legal competence and capacity of a pretrial detention facility.

DOI: 10.7256/2454-0692.2016.1.17336

Abstract: The author analyzes the problems of corruption in the society on the current stage of development; defines the list of the most common venal actions of officials; describes the most frequent cases of corruption. Special attention is paid to documenting the actions of persons, suspected of corruption. The author describes the results of use of such a factor as the official living beyond his means. The author comes to the conclusion about a special role of operative experiment in graft documenting. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of fight against corruption by means of investigation and search operations. The main contribution of the author is the conclusion about the necessity to develop the theory and logic of investigation and search operations. The novelty of the research lies in the proposals about the development of forms and methods of investigation and search operations.

DOI: 10.7256/2454-0692.2016.1.17389

Abstract: The article focuses on the issues of transparency provision in the activities of the board of the Ministry of internal Affairs of the Russian Federation. The author analyzes the transparency of the Ministry of Internal Affairs and the legal regulation of information relations in the sphere of internal affairs. The article demonstrates the author’s positions on the concept of transparency in the sphere of public administration. The main attention is paid to the development of the criteria of transparency of the Ministry of Internal Affairs. The author carries out theoretical and legal analysis of legal regulation of the work of the Ministry of Internal Affairs. The article demonstrates the author’s positions on the interpretation and legal regulation of transparency. The research methodology comprises the recent achievements of epistemology. The author applies general scientific and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure transparency in the system of Internal Affairs, it is necessary to improve forms and methods of administrative-legal provision of citizens’ participation in public administration. The author states the necessity to develop administrative-legal regulation of transparency in the police activities. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of information transparency.

DOI: 10.7256/2454-0692.2016.1.17393

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of control and supervision over the police. The author analyzes the concepts of legal regulation of supervision over the police activities. The article demonstrates the author’s positions on the concept of state and public control. The main attention is paid to the development of methods and methodology of administrative-legal regulation of supervision over the police service and the police officers. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of control and supervision over the police. The author states the necessity to develop administrative-legal regulation of the police activities. The author offers the ways to develop forms and methods of control and supervision over the police.

DOI: 10.7256/2454-0595.2016.1.17462

Abstract: The study pays attention to the range of administrative social relations, emerging in the process of imprisonment, lacking for legal regulation. The research subject includes administrative-legal relations, arising in the process of imprisonment. The study is aimed at the analysis of the modern condition of Russian administrative and penal legislation, regulating social relations, arising in the process of imprisonment; researching the problems of legal regulation in this sphere, and making proposals about their elimination.The methodology of the research is based on the modern achievements of epistemology. The author applies general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), legal methods (formal-logical, the method of comparative-legal and systems and structural analysis, and applied study). The authors describe the law-enforcement practice of institutions and agencies of the penal correctional system; make proposals about the further enhancement of administrative and penal legislation in this sphere. On the base of the provisions of the theory of law, the authors differentiate penal and administrative social relations, arising in the process of imprisonment. They outline the range of social relations of this kind, lacking for administrative-legal regulation and its improvement (control over the penal institutions and agencies; initiating administrative supervision by penal correctional institutions; interaction of public authorities in the process of deportation of foreign citizens and stateless persons after penal service in Russia, etc.). The authors make proposals about the improvement of administrative and penal legislation in this sphere. The materials of the study can be used by the “Administrative Law” students, as the basis for scientific and journalistic articles, and for improving law-enforcement activities in this sphere.

DOI: 10.7256/2454-0692.2016.1.17844

Abstract: The author notes that anti-corruption laws ensure the prosperity of states and companies all over the world. Australia is ranked ninth in the Corruption Perception Index of the Transparency International. According to the laws of some States and Territories, the person is not found guilty of the crime if this person can prove that the crime had been committed under pressure (with the reality of the threat) or as a response to a sudden or unforeseen situation. If the benefit of the graft is small, prosecution may not be launched. The corporation won’t be found guilty of the crime, if it can prove that it had acted with a due prudence to prevent the actions, approve or allow. The Australian Federal Police has the right to apply for entry to the object of property and confiscation of money or property. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and specific sociological methods (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of corruption prevention. The author states the necessity to develop legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and legal and organizational guarantees of corruption prevention in the economic sphere.

DOI: 10.7256/2454-0692.2016.1.17846

Abstract: The article focuses on legal and organizational problems of crime prevention in the sphere of migration. The author carries out theoretic and legal analysis of the concepts of legal regulation of crime prevention in the sphere of migration from the position of penal regulation. The paper presents the author’s positions on the migration policy. The main attention is paid to the development of methods and methodology of legal regulation of crime prevention in the sphere of migration. The author analyzes the concepts of development of law and migration processes in the modern conditions. The research methodology contains the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of migration, it is necessary to improve forms and methods of legal regulation of criminal activities of migrants. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of migration and provision of legality in this sphere.

DOI: 10.7256/2409-7810.2016.1.18108

Abstract: The article focuses on the problems of constitutional, administrative and criminological issues associated with the fight against corruption in the social sphere. The author has carried out a detailed theoretical and legal analysis of the constitutional, administrative and criminal-legal regulation of countering corruption in the social sphere from the standpoint of constitutional law. The author of the article discusses different positions on the definition of fighting corruption. The main attention is paid to the development of methods and methodology of criminological regulation of countering corruption in the social sphere. In addition, the article provides the theoretical and legal analysis of the concepts of development of administrative law in the context of combating corruption in our country. The methodological basis of the article includes recent researches on the theory of knowledge. In the course of the study the author has applied general philosophical and theoretical methods (dialectics, systems approach, method, analysis, synthesis, analogy, deduction, observation and modeling), traditionally legal methods (formal logic) as well as methods used in concrete sociological research (statistical, expert evaluation, etc.). The main conclusion drawn from the results of the study is that at the present time to ensure law and order in the social sphere it is necessary to improve forms and methods of legal and criminological guarantees of anticorruption measures. The main contribution made by the author of the article is the need of the development of constitutional-legal and administrative regulation of countering corruption. The novelty of the research is caused by the fact that the author makes proposals for the development of forms and methods of legal regulation of the social sphere.

DOI: 10.7256/2306-9945.2016.1.18712

Abstract: The research subject is the range of legal and organizational problems of cooperation between the police and the citizens as one of the main provisions of the Federal Law “On police”. The authors analyze the main provisions related to the cooperation with the population on all levels of the system of the Ministry of Internal Affairs, to the forms and methods of direct contacts with the population, to the delivery of services to the population and responding to the needs of the population, to improving transparency and appeal of the police with the aim to create a profession-oriented personnel and to involve the citizens into cooperation. The authors analyze interaction between the citizens and the police. The paper demonstrates the authors’ positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical research methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors come to the conclusion that at present, in order to guarantee legality in the sphere of domestic affairs, it is necessary to improve forms and methods of administrative-legal interaction between the police and the civil society. The authors state the necessity to develop administrative-legal regulation in the sphere of domestic affairs. The novelty of the study lies in the proposals about the development of forms and methods of regulation of interaction between the police and the citizens.

DOI: 10.7256/2306-9945.2016.1.18713

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the economic safety. The authors analyze the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety guaranteeing. The paper demonstrates the authors’ positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of the economic relations’ safety. Moreover, the authors analyze the concepts of development of law and economics in the modern conditions. The article presents the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the modern achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The authors come to the conclusion that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal guaranteeing of its safety. The authors state the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and guaranteeing legal and organizational bases of legality in the Russian economy.

DOI: 10.7256/2454-0595.2015.12.15304

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic realities. The author carries out theoretical and legal analysis of the concepts of bank and the Central Bank from the position of administrative-legal regulation of banking in Russia. The article presents the author's positions on the concept and functions of the Central Bank. The main attention is paid to the development of methods of administrative and legal impact on the entities involved in banking. In addition, the article presents theoretical and legal analysis of functions of the banking system as a form of administration of banking operations by the Bank of Russia. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis of the article comprises recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), as well as the methods used in special sociological researches (statistical methods, expert evaluations, etc.).The author concludes that recently, in order to provide legality in the banking system, it is necessary to improve forms and methods of administrative-legal impact on commercial banks and other lending agencies on the part of the Central Bank of the Russian Federation. The main contribution of the author is the conclusion about the need for development of banking law in its public component. The novelty of the article consists in the proposals for the development of forms of regulatory activity by the Bank of Russia and the establishment of legal and institutional guarantees of legality in the banking system of our country.

DOI: 10.7256/2454-0595.2015.12.15400

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of the modern economy. The author carries out theoretical and legal analysis of concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author carries out theoretical and legal analysis of the concepts of development of law and economics in modern conditions. The article presents the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on recent achievements of epistemology. The author applies 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 special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present, in order to provide legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the Russian economy. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of the economy. The novelty of the article consists in the proposals about the development of forms and methods of government regulation of the economy and the provision of legal and organizational guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0595.2015.12.15583

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of juvenile delinquency prevention. The author carries out theoretical and legal analysis of juvenile delinquency prevention from the position of administrative-legal regulation of this process. The article analyzes the activities of internal affairs bodies (police) in prevention of administrative offences committed by minors. The author considers the possibility of use of pedagogical prevention with the set of its measures by internal affairs bodies.The methodology of the research includes recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in special sociological research (statistical method, expert assessments, etc.).The author concludes that at present, in order to improve juvenile delinquency prevention, it is necessary to enhance forms and methods of administrative-legal impact on them on the part of the police. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of juvenile delinquency prevention. The novelty of the article consists in the proposals for development of forms and methods of administrative-legal regulation of deviant behaviour of minors.

DOI: 10.7256/2454-0595.2015.11.15242

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic conditions. The author analyzes the concept of banking from the position of administrative and legal regulation of banking in Russia. The article presents the author’s positions on the concept of banking. The main attention is paid to the development of methods of administrative and legal impact on the subjects of banking. The author analyzes the concepts of the control and supervisory activity as a form of banking administration by the Bank of Russia. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical) and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present to provide legality in the bank sphere it is necessary to improve the forms and methods of administrative and legal impact of the Central Bank of the Russian Federation on commercial banks and other credit organizations. The main contribution of the author is the statement about the necessity to develop banking law in its public component. The novelty of the paper lies in the proposals about the development of forms and methods of the control and supervisory activity of the Bank of Russia, and the creation of legal and organizational guarantees of legality in the banking system of the country.

DOI: 10.7256/2454-0595.2015.11.15261

Abstract: The subject of the research is the range of legal and organizational problems of combating corruption in the system of civil service. The object of the research is the range of public relations connected with combating corruption in the system of civil service. The author considers the components of the mechanism of administrative-legal regulation of combating corruption and formulates the proposals about the increase of the efficiency of administrative-legal means of combating corruption. The main attention is paid to the development of the criteria of efficiency of combating corruption. The methodology of the research is based on the recent achievements of epistemology. The author applies 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 of special sociological research (statistical methods, expert assessment, etc.). The author concludes that combating corruption in the system of civil service is not efficient enough. Therefore, it is necessary to develop the legal base for the activities of public authorities and public administration aimed at combating corruption. The main contribution of the author is the attention to this problem. The novelty of the research lies in the development of instruments for combating corruption in the system of public service.

DOI: 10.7256/2454-0595.2015.11.15371

Abstract: The article focuses on the legal and organizarional problems of administrative and legal regulation of the modern economy. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sectors. The article considers the author's positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. In addition, the article presents a theoretical and legal analysis of the concepts of law and economics development in the modern conditions. The article demonstrates the author's position on the interpretation and legal regulation of these categories. The methodological basis is composed of the recent achievements of epistemology. The author applies 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 methods, expert assessment, etc.). The author concludes that at present in order to provide legality in the economic sphere it is necessary to improve the forms and methods of administrative-legal impact on the state and private sectors of the Russian economy.The main contribution of the author is the statement about the necessity to develop administrative-legal regulation of the economy. The novelty of the article lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and institutional guarantees of the rule of law in the Russian economy.

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: 10.7256/2454-0595.2015.10.15155

Abstract: The article focuses on the activities of the Children’s Rights Commissioner in Far Eastern okrug of the Russian Federation. The author analyzes normative legal acts regulating the work of Children’s Rights Commissioners, and defines the system of key rates of their activities. These rates are important for the assessment of their own work and for the comparison with the activities of Commissioners of other regions. Therefore, the author takes into consideration only the rates, common for all Commissioners. The author applies the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and sociological methods. The novelty of the research consists in the development of key effectiveness rates for the activities of the Children’s Rights Commissioner on the base of the analysis of normative-legal acts of Far Eastern okrug of the Russian Federation. This system of rates is not complete, but it is a necessary instrument of Commissioners’ work improvement.

DOI: 10.7256/2454-0595.2015.10.16386

Abstract: The article is devoted to legal description and features of administrative and jurisdictional activity of customs authorities. The author investigates the legal basis and the types of administrative - jurisdictional proceedings, the order of their registration and their role and importance in the activities of customs bodies in the Customs Union within the Eurasian Economic Union. The article focuses on the legal and organizational problems of administrative and legal regulation of administrative proceedings. The author carries out the theoretical and legal analysis of the concepts of administrative and jurisdictional activity. The main attention is paid to the development of methods and methodology of administrative proceedings in the customs sphere. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the customs sphere it is necessary to improve the forms and methods of procedural activities of customs bodies. The author speaks about the necessity to develop administrative-legal regulation of administrative proceedings. The novelty of the research lies in the suggestions about the development of forms and methods of public regulation of customs activities and the provision of legal and organizational guarantees of legality in the sphere of customs administration.

DOI: 10.7256/2454-0595.2015.10.16397

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of financial control. The author carries out theoretical and legal analysis of the federal legislation which characterizes jurisdictional authorities of control and account bodies of external public audit (control); the elements of this legislation don't conform to each other from the viewpoint of application of budget measures of coercion and the possibility to reveal, prevent and impose administrative liability for administrative offences in the public finance sphere. The opportunity from July 2013 to apply fiscal measures of coercion, to draw up a Protocol of administrative violation and to pass it to special departments of Executive authorities or courts, does not provide the full special administrative-jurisdictional status of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions. The article substantiates the need to improve federal legislation in order to achieve harmonization of coercive measures in the public sector and the authorities of external public audit bodies contained in the Budget Code of the Russian Federation and the Code of administrative offences. The methodological basis comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.).The author concludes that at present it is necessary to amend the legislation on control and account bodies with such principles of activity as planning and efficiency, responsibility, coordination of actions with other bodies of financial control, officials' competency and information transparancy. The article presents the author's position on the increase of the period of limitation for administrative liability imposition in the sphere of public finance. The author comes to the conclusion about the necessity to provide control and account bodies with the right to consider administrative cases in budget sphere.

DOI: 10.7256/2454-0595.2015.10.16405

Abstract: The subject of the article is the range of problems of legal and theoretical understanding of service law as a structural element of the system of administrative law. The author summarizes the results of scientific discussion about service law and concludes that service law is not a sub-branch of administrative law; public service is still one of the fundamental institutions of administrative law. The author analyzes the concepts of service law from the position of administrative-legal regulation of employer-employee relations in Russia. The article presents the author’s positions on the public service concept. The main attention is paid to the development of methodology of administrative-legal regulation of employer-employee relations. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present there are no grounds for service law formation. The author substantiates the conclusion that service law is not a sub-branch of administrative law, and public service is still one of the fundamental institutions of administrative law. The novelty of the research lies in the suggestions about the theory and the system of administrative law development.

DOI: 10.7256/2454-0595.2015.9.15017

Abstract: The subject of the research is the range of legal and organizational problems of consideration of the notion of a person, suffered from some damage, and its legitimation according to the current criminal and penal legislation. The author carries out theoretical and legal analysis of the notions “suffered”, “aggrieved person” and “victim of crime”. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The main attention is paid to the development of the classification criteria for the abovementioned legal categories in the science and law-enforcement practice. The methodology includes the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that the notions “suffered”, “aggrieved person” and “victim of crime” are not revealed in the current legislation consistently enough. Therefore, it is necessary to develop criminal and administrative legislation regarding legitimation of these categories. The author draws attention to this problem and offers the ways of differentiation of these categories in the Russian law.

DOI: 10.7256/2454-0706.2015.9.15428

Abstract: The subject of this research is the problems of legal and organizational nature, pertaining to administrative legal regulation of modern economy. The author conducts a detailed theoretical legal analysis of the concepts of legal regulation of economic relations from the position of administrative legal regulation of government and non-government sectors of economy. A special attention is given to development of methods and methodology of administrative legal influence upon economic relations. The article also offers the theoretical legal analysis of the notions of concept of development of law and economy under modern circumstances. The scientific novelty consists in author’s proposals on development of forms and methods of government regulation of economy, as well as creation of legal and organizational guarantees of legality within Russian economy. The main conclusion is that to ensure order in the economic sphere is it necessary to improve the forms and methods of administrative legal effect upon the government and non-government sectors of the economy of the Russian Federation.

DOI: 10.7256/2454-0684.2015.9.15565

Abstract: The article focuses on the problems of legal and organisational nature related to the administrative and legal regulation of the modern economy. The author conducts a theoretical and legal analysis of the mechanisms and concepts of legal regulation of economic relations from the point of view of administrative and legal regulation of public and private sector. The author discusses the notion of state regulation of economy. Special attention is paid to the elaboration of methods and methodology of administrative and legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of development of law and economics at the present stage. The author considers the interpretation and legal regulation of these categories. The methodological basis of the article is comprised by recent achievements of the theory of knowledge. The study used general philosophical, theoretical, philosophical methods (dialectics, systems method, analysis, synthesis, analogy, deduction, observation, modelling), traditional legal methods (formal logic), as well as methods used in sociological research (statistical methods, expert evaluation, etc.). The main conclusion drawn based on the results of the study is that it is necessary to improve forms and methods of administrative and legal influence on state and private sectors of the Russian economy to ensure law and order in the sphere of economics at the present time. The main contribution made by the authors in this article is the need for the development of administrative and legal regulation of the economy. The novelty of the article lies in the elaboration of proposals for the development of forms and methods of state regulation of the economy, and the creation of legal and institutional guarantees for the rule of law in the economy of our country.

DOI: 10.7256/2454-0595.2015.9.15782

Abstract: The article focuses on the problems of legal and organizational measures of administrative and legal regulation of administrative offences prevention. The authors analyze the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The article demonstrates the authors' position on the notion of administrative-legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article demonstrates the authors' position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The authors apply 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 (the statistical methods, expert evaluation, etc.).The authors conclude that currently in order to provide the rule of law in the ambit of administrative law it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors is the statement of the need for the development of administrative-legal regulation of administrative offences prevention. The novelty of the article consists 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: 10.7256/2454-0706.2015.9.42770

DOI: 10.7256/2454-0595.2015.8.14380

Abstract: The subject of the research is a range of legal and organizational problems of proceedings on administrative offences in police. The object of the research includes social relations connected with implementation of the principles of proceedings on administrative offences in police. The author considers the procedural principles of the proceedings, paying attention to the necessity of improvement of a range of common principles. Special attention is paid to the principle of the presumption of innocence; the author notes that the Code of Administrative offences of the Russian Federation doesn’t define this principle clearly enough. Thus, the paper offers the ways of administrative proceedings enhancement. 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), and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that administrative proceedings need to be improved, and the limits of the stages of these proceedings should be clarified. The author offers some methods which can improve the administrative proceedings in police. The novelty of the research is determined by the statement of the problem itself and the methodological grounds of its solution. The article proposes the ways of improvement of administrative proceedings in police.

DOI: 10.7256/2454-0595.2015.8.14514

Abstract: The subject of the research includes the legal and organizational problems of implementation of the principle of equality of regions of the Russian Federation. The object of the article is a range of social relations connected with the development of Russian federalism. The author considers such issues as determination of the competence of regions of the Russian Federation; peculiarities of territorial administration; problems of regional separatism and extremism prevention. Special attention is paid to the constitutional and administrative-legal regulation of the alignment of the organizational-legal status of regions of the Russian Federation. The author uses general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods and the methods used in special sociological research (statistics, expert assessments, and others).The author concludes that at present Russian federalism has moved to a new level of development, all the necessary constitutional, legal and administrative means of its strengthening and formation have been created. The specific contribution of the author consists in the formulated amendments to the Constitution of the Russian Federation concerning the strengthening of constitutional and legal foundations of Russian federalism. In particular, it is proposed to change a number of complex regions of the Russian Federation. The novelty of the research lies in the proposals aimed at the improvement of legal and institutional framework of Russian federalism in connection with the introduction of two new regions of the Russian Federation.

DOI: 10.7256/2454-0595.2015.8.14691

Abstract: The subject of the article is a range of legal and organizational problems of police activity in the sphere of implementation of the legislation on administrative offences. The object of this article includes public relations arising during the exercise of administrative jurisdiction by the police. The author considers the problem of provision of rights and freedoms of citizens in the respective sphere of activity, draws attention to the problems of use of coercive measures against citizens. Special attention is paid to the provision of rights and freedoms of citizens in the police proceedings on administrative offences.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in special sociological research.The author proposes the ways of improvement of organization and implementation of the administrative-jurisdictional policing, especially in the provision of rights and freedoms of citizens. The specific contribution of the author consists in proving of the necessity to suspend the registration of administrative offences automatically, at least while there are technical malfunctions. The novelty of the research consists in the fact that the author proposes to extend the practice of sentencing below the minimum limit, it will meet the principle of humanism.

DOI: 10.7256/2454-0595.2015.8.14697

Abstract: The subject of the article is a historical and legal analysis of the "emergency law". The author analyzes the so-called "normal police powers" outlined by Professor V. M. Hessen in the monograph "Exceptional situation". The object of the article is a comparative legal analysis of the emergency legislation of the early 20th century and contemporary Russian legislation.The article provides the historical background of V.M. Hessen's study of emergency legislation, and explains such a negative attitude of the author to this problem. The author uses his method of study of administrative coercive measures used by the police, both in everyday conditions and in conditions of martial law.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in the concrete sociological research.On the base of the research the author compares the regimes of "enhanced protection" and "emergency protection" provided by the Regulations of 1881. The author analyzes the police administrative coercive measures which in the conditions of martial law can be significantly expanded: police supervision, administrative detention, administrative expulsion and exile, the use of firearms. The novelty of the article is determined by those proposals that are developed in the course of the study. In particular, the author makes a conclusion about the inadmissibility of the transfer of powers of state authorities from the category of emergency powers to the category of normal and everyday.

DOI: 10.7256/2454-0595.2015.8.15794

Abstract: The subject of the research is a range of legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions on the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions on 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 logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia.

DOI: 10.7256/2454-0595.2015.8.15892

Abstract: The article presents the information, important from the viewpoint of administrative juvenile delinquency. The object of the research is deviant behavior of minor offenders and juveniles inclined to committing offences. The subject of the research is a range of social and psychological peculiarities of a personality and individual psychological traits of character (accentuations), the structure of which determines the moral regulation of behavior, the value orientations of the personality of a juvenile and the peculiarities of its deviant behavior. The paper shows that in a socio-psychological relation deviant behavior of juveniles is a very important problem. Deviant behavior is typical for most of minors and is considered by many researchers as an age-specific norm of behavior. On the other hand, deviant behavior causes a risk of the development of socio-abnormal deformations of a person when deviant behavior is dangerous for other people. The extreme variant of it is a delinquent, i.e. unlawful behavior of minors committing crimes of different weight. 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 studies (the statistical methods, expert assessments, etc.). At present juvenile delinquency is characterized by impudence, cynicism and the absence of moral regulations of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important in a socio-psychological relation, proves the need to use more actively the measures of social control as a normative regulator of behavior and personal goal-setting of minor offenders.

DOI: 10.7256/2454-0595.2015.7.13747

Abstract: The author notes that according to the range of embodied social relations administrative process is rather wide; moreover, legal procedure is implemented by a large number of police officers, each of them is responsible for the particular aspect of procedural activity. Therefore, the author observes that at present the methodological provision of this sphere of Russian police activities is necessary. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general scientific methods of cognition (dialectics, the system 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.). The author notes that administrative proceeding in the police bodies is a jurisdictional process. It is argued that its main task is a procedural provision of measures of application of state coercion, particularly, of administrative punishment. The peculiarities of administrative proceeding in the police bodies depend on a range of factors, such as the completeness, the temporal and territorial criteria, the use of certain types of administrative punishment, and the different categories of persons.

DOI: 10.7256/2454-0595.2015.7.13885

Abstract: The subject of the research is the formation of a modern and effective public service; the object of the research is a range of social relations appearing in the process of service in the system of internal affairs. At present the organization of public service in the system of the Ministry of Internal Affairs of the Russian Federation and its personnel policy are not quite sufficient and not entirely correspond with the tasks of socio-economic development of the country. Therefore, the development of principles of legal regulation of government service relations in the sphere of the interior seems to be urgent. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods of cognition (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The contribution of the researcher consists in the conclusion that the principles of service in the bodies of internal affairs determine the quality of the corresponding kind of activity and fill it with the necessary humanistic content; the principles considered in the article predetermine the perspectives of development of bodies and organizations of the system of the Ministry of Internal Affairs. The research develops the doctrine of law on service with regard to employer-employee relations in the sphere of the interior.

DOI: 10.7256/2454-0595.2015.7.15821

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The authors carry out the theoretical and legal analysis of the existing concepts regulating this process. The article presents the authors’ attitudes towards the notion of administrative-legal prevention of offences and ascertainment of personal and professional traits of the subject of administrative delict. The main attention of the authors is paid to the development of methods and methodology of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The article provides the authors’ attitudes towards 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-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The authors conclude that at present in order to provide nomocracy in the sphere of application of administrative legislation it is necessary to enhance the forms and methods of ascertainment of reasons and conditions of administrative offences. The main contribution of the authors is the statement about the need for the development of administrative-legal regulation of revelation of the potential subjects of administrative delicts. The novelty of the research lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities and to create the legal and organizational guarantees of legality in Russia.

DOI: 10.7256/2454-0595.2015.6.13681

DOI: 10.7256/2454-0595.2015.6.13728

Abstract: The author of the article notes that the formation of a modern and efficient government service in Russia and the development of administrative-legal status of officials is one of the priority directions of transformations in the administrative and political spheres of public administration. On the basis of the subject of the research the author notes that nowadays the organization and the personnel policy of government service within the system of the Ministry of Internal Affairs of the Russian Federation are in a bad condition and not entirely conform to the aims and goals of socio-economic development of the country. The consequences appear almost in all spheres of life: in economics, financial activities, solution of social issues, in science and culture, in internal and external affairs and international policy, defense and security. Therefore, the author admits the importance of the development of administrative-legal status of an official of internal affairs bodies as a federal officer. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), and the methods used in special sociological research (the statistical method, expert assessments, etc.). Government service in the modern world is a link between a person and the state; the efficiency of this linkage influences the quality of public administration, the protection of rights and freedoms of citizens, and, ultimately, the life of people.

DOI: 10.7256/2454-0595.2015.6.15260

Abstract: The subject of the research is a range of organizational and legal problems of administrative delinquency forecasting and defining of its efficiency in modern socio-economic and political conditions. The object of the research is a range of social relations appearing in the process of administrative delinquency forecasting. The authors study the elements of the mechanism of administrative delinquency forecasting and formulate the ways of its efficiency enhancement. The authors pay special attention to the development of the criteria of administrative delinquency prevention efficiency. 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) and the methods used in special sociological research (the statistical method, expert assessments, etc.). The authors conclude that the abovementioned sphere of internal affairs is not efficient enough. Therefore it is necessary to develop the legal base of police activities in the sphere of administrative delinquency forecasting. The main authors’ contribution is the study of this problem. The novelty of the research lies in the development of administrative delinquency forecasting instruments.

DOI: 10.7256/2454-0595.2015.6.15520

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the defining of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. 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.). The author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation.

DOI: 10.7256/2454-0595.2015.6.15696

Abstract: The article focuses on legal and organizational problems of criminal and administrative influence on the infringers of legal rules. The author carries out theoretical and legal analysis of the concepts of legal influence from the position of criminal and administrative law. The article describes the author's positions regarding the notion of legal influence. The main attention is paid to the development of methods and methodology of legal influence as the means of law and order provision. In addition, the article presents a theoretical and legal analysis of concepts regarding the interrelation between criminal and administrative influence (coercion). The methodology of the research is based on the resent 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), as well as the methods used in the concrete sociological research (the statistical method, expert evaluations, etc.).The article notes that the Criminal code and the Code of Administrative Offences of the Russian Federation do not contain the concept and the list of types of measures of criminal-legal and administrative influence. The article defines the measures of criminal-legal influence as the forms and special activities of the state and defines the types of such measures depending on the purpose of influence (criminal law measures to the prevention and suppression of crime, measures of the criminal liability), the nature of impact (the preventive measures and the measures of criminal liability imposition), the character of influence (the preventive, restorative and correctional measures, the measures of criminal liability implementation, the measures of single non-rehabilitating decriminalization, and the medical measures).

DOI: 10.7256/2454-0692.2015.6.16571

Abstract: The article focuses on organizational and legal problems of administrative-legal regulation of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of ensuring its safety. The article demonstrates the author’s positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of safety of economic relations. The author analyzes the concepts of development of law and economics in the recent circumstances. The article shows the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of the economy. The main contribution of the author consists in the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and institutional guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0692.2015.6.16590

Abstract: The subject of the research is the range of legal and organizational problems of administrative liability application in the cases of violation of the legislation on the contract system in the sphere of public procurement. The author carries out the theoretical and legal analysis of the concepts of administrative liability. The paper presents the author’s positions on the concept of administrative offence in the sphere of public procurement. The main attention is paid to the development of methods and methodology of administrative-legal regulation of liability in administrative law. The methodology of the research comprises the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently, in order to ensure legality in the sphere of public procurement, it is necessary to enhance the forms and methods of administrative-legal regulation of this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of liability in the sphere of public procurement. The novelty of the research lies in the proposals about the development of forms and methods of government regulation of administrative liability and the creation of legal and organizational guarantees of legality in the sphere of public procurement.

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: 10.7256/2454-0692.2015.6.16667

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of financial control in the sphere of internal affairs. The authors carry out a detailed theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of ensuring the financial safety of the state. The article demonstrates the authors' position on the concept of state regulation of financial relations in the sphere of internal affairs. The main attention is paid to the development of methods and methodology of administrative-legal regulation of financial and economic relations in the sphere of internal affairs. In addition, the article provides the theoretical and legal analysis of the concepts of development of law, economics and finance. The methodological basis of the article comprises the 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 main conclusion is that at present, in order to ensure legality in the sphere of finance, it is necessary to improve the forms and methods of administrative-legal financial safety. The main contribution of the authors is the conclusion about the need for the development of administrative and legal regulation of financial safety in the sphere of internal affairs. The novelty of the article lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and institutional guarantees of legality in the Russian economy.

DOI: 10.7256/2454-0692.2015.6.17071

Abstract: The article focuses on the problems of legal and organizational measures of combating corruption by means of investigation and search activities. The article reveals the importance of investigation and search operations for the detection of corruption crimes at the present stage of development of our society. The author formulates the main directions of prevention of this phenomenon, paying particular attention to the operational experiment in the exposing of corrupt officials, describes the methods of detection of corruption crimes. The article defines the acts of corruption.The methodological basis for the article comprises the recent achievements of epistemology. The author applies 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 author concludes that at present, in order to prevent corruption, it is necessary to improve the forms and methods of legal impact on those spheres of interaction of business and authorities in which the risk of corruption is significant. The main contribution of the author is the conclusion about the need for the development of legal regulation of investigation and search activity of the police in the sphere of combating corruption. The novelty of the article lies in the proposals for the development of forms and methods of public regulation of combating corruption and the creation of legal and institutional guarantees of investigation and search activity in the sphere of combating corruption.

DOI: 10.7256/2454-0692.2015.6.17078

Abstract: The subject of the study is the range of legal and organizational problems of legal regulation of psychological safety of a person in extreme circumstances. The author carries out the theoretical and legal analysis of the concepts of legal regulation of psychological capacities of a person in extreme circumstances as an object of public regulation. The article demonstrates the author’s positions on the theory of adaptive and psychological capacities of a person. The main attention is paid to the development of methods and methodology of adaptive and psychological capacities of a person in extreme circumstances as an object of public regulation. The author carries out the theoretical and legal analysis of the concepts of development of law in extreme circumstances. The methodology of the research comprises the recent achievements of epistemology. The author applies 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 special sociological research (statistical methods, expert assessments, etc.). The author concludes that the development and the formation of the psychology of personal safety is the vital function of a person. Fundamental determination of vital functions of a person is based on his socio-biological nature. The aspiration of a person to narrow the area of danger is determined by the psychological factors which are comprehended as an incentive (reason, aim) which stimulates the person to act. In this case the motivation of safety presupposes the formation of a plan of actions, which are aimed at the implementation of the purpose contained in the motivation. Here we are dealing with a complex succession of adaptive response, the system of actions determined by the needs and guidelines of a person. Apparently, partially, it is a purpot of life as a social phenomenon with a biological basis – self-preservation and the inherent worth of life.

DOI: 10.7256/2454-0692.2015.6.17335

Abstract: The subject of the research includes the philosophical problems of the theory and logic of legal conscience and the determination of the quality of law in the police work. The article considers the problem of the language of law correspondence with the requirements of an everyday legal conscience. The author proves that the everyday legal conscience often endows the language of law with the features of the common language thus hampering the provision of its adequacy. The main attention is paid to the development of methodology of the lawmaking process quality improvement in the current socio-economic circumstances. The author carries out the theoretical and methodological analysis of the concepts of development of right and law. The article demonstrates the author’s positions on the interpretation and the legal ideology. The methodology of the study is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that recently, in order to provide legality in the sphere of internal affairs, it is necessary to improve the forms and methods of lawmaking process. The main contribution of the author is the conclusion about the need for the development of the theory and logic of police officers’ legal conscience. The novelty of the study lies in the suggestions for the development of the forms and methods of the lawmaking process and the creation of legal and organizational guarantees of legality in Russia.

DOI: 10.7256/2454-0595.2015.5.13580

Abstract: The author states that the formation of a modern and effective public service of the Russian state is one of priority directions of reforms taking place in administrative and political sphere of public service. At present the organization of public service within the system of Internal Affairs of the Russian Federation and its personnel policy don’t meet the requirements of socio-economic development of the country. The consequences can be seen almost in all spheres of life: in economics, financial activities, social sphere, science and culture, in internal and international affairs, defense and security. The research is based on the presented grounds. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Public service in general and service in the bodies of internal affairs in particular, is an essential element of the modern Russian state. Public service of any kinds and forms is always aimed at implementation of the state policy and the state functions. Therefore, public service as a political institution is directly dialectically connected with the state and, thus, is an interim link between a citizen and a public servant implementing any state functions.

DOI: 10.7256/2454-0692.2015.5.16595

Abstract: The subject of the article is the legal and organizational problems of administrative and procedural activities of the police. The author carries out the theoretical and legal analysis of the concepts of administrative proceedings and defines the prospects of its development from the position of administrative legal proceedings. The article provides the author’s positions on the notion of administrative-procedural activity in the sphere of internal affairs. The main attention is paid to the development of methods and methodology of administrative-legal regulation of procedural activities in the sphere of the interior. The author carries out the theoretical and legal analysis of the concepts of administrative-procedural law development. The methodology of the research is based on the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the sphere of the internal affairs it is necessary to enhance the procedural forms and methods of administrative-legal impact. The main contribution of the author is the conclusion about the necessity to develop the theory of administrative process. The novelty of the research lies in the suggestions about the development of forms and methods of procedural activities and the creation of legal and organizational guarantees of legality in the sphere of internal affairs.

DOI: 10.7256/2454-0595.2015.5.14366

Abstract: The article is devoted to the study of the peculiarities of imposition of administrative responsibility for the violation of migration laws on legal entities. The author considers the issues of infliction of punishment lower than the lowest limit stated in the corresponding article, and the peculiarities of responsibility in case of a belated notification about the conclusion of a labour contract with a foreign national. The article considers a range of changes which came into effect in the late 2014, and which relate to the enforcement of responsibility of legal entities for the violation of migration laws. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and the general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Administrative-legal regulation of migration of the population is one of the urgent problems in the sphere of state management for the following reasons: demographical problems, and insufficient theoretical study of the role and the importance of migration process in demographical development of the Russian Federation. These and other problems provoke a wide range of negative consequences in the sphere of enforcement of law and socio-economic development of the country. Every year illegal migration attracts more and more attention of public authorities. Annually the government considers the problems of migration in different contexts, defines the quotas of foreign labour use in the Russian Federation, and solves other problems in the sphere of migration policy. But despite the measures taken, the global problems in the sphere of migration policy haven’t been solved yet.

DOI: 10.7256/2454-0595.2015.5.14867

Abstract: 1. The article focuses on the legal and organizational problems of state building in the USSR and China. The object of the article is the circle of social relations associated with reforming of the economy and social sphere in the system of public administration. The author of the article pays special attention to the forms and methods of public administration reform in the USSR and the People's Republic of China. Special attention is paid to the theory of the problem, as well as to the system mistakes that had been made in the public administration in the period of perestroika. 2. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the methods used in special sociological research..3. The main conclusions of the study relate to the improvement of legal organizational problems of public administration. The novelty of the paper lies in the fact that from various positions it gives a comprehensive assessment of the restructuring of the times of the 1980s. Special contribution of the article is that it continues the study of the system crisis of the post-Soviet law, initiated by the author in previous publications, where he had systematically revealed some problems of modern Russian statehood and set them out in the Programme of the course "Problems of state and law in transition".

DOI: 10.7256/2454-0595.2015.5.14999

Abstract: The article focuses on legal and organizational problems related to forecasting of administrative delinquency and evaluation of its effectiveness in the police activities. The object of the article is the range of social relations associated with the forecasting of administrative delinquency. The authors consider the components of the mechanism of forecasting of administrative delinquency and make the proposals for improvement of its effectiveness in the activities of the police. The main attention is paid to the development of the criteria of administrative delinquency forecasting efficiency. The methodology of the research is based on the modern achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical methods, expert evaluations, etc.). In the result of the study of administrative delinquency in the police activities the authors conclude that the abovementioned sphere of internal affairs is not efficient enough. In this regard, at present it is important to develop the legal base for the police activities in the sphere of forecasting of administrative delinquency. The main contribution of the authors is the attention paid to this problem. The novelty of the research lies in the development of the instruments of administrative delinquency forecasting.

DOI: 10.7256/2454-0595.2015.5.15104

Abstract: The article presents the data, important in the sphere of juvenile administrative delinquency. As the object of the research the author considers deviant behavior of juvenile offenders and adolescents inclined to delinquent behavior. The subject of the study includes socio-psychological peculiarities of personality and individual psychological traits (accentuations), the structure of which determines the moral regulation of behavior, value orientations of a teenager's personality and especially his deviant behavior.The methodology of the research is based on the concepts of administrative jurisdiction, social control, and administrative delinquency, formed in criminology, social psychology, and legal psychology. It is shown that from a socio-psychological point of view deviant behavior of adolescents is a significant problem. It results from the fact that deviant behavior is typical for most teenagers, and many researchers consider it as an age-specific behavioral norm. On the other hand, deviant behavior contains a risk of socio-pathological deformations of personality in which deviant behavior is socially dangerous. The most extreme option in this row is delinquent, i.e. illegal, behavior of adolescents who commit crimes of varying severity.Currently juvenile delinquency is characterized by special impudence, cynicism and a complete lack of moral regulation of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important for criminology from a socio-psychological point of view, confirms the need for a significant intensification and a wider application of measures of social control as a normative regulator of behavior and realization of personal goals of juvenile offenders.

DOI: 10.7256/2454-0692.2015.5.16481

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of the police activities aimed at prevention of administrative offences in the economic sphere. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of legality provision. The article presents the authors’ positions on the concept of government regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of the police’s work in the sphere of entrepreneurial activities. The authors also carry out the theoretical and legal analysis of the notions of concepts of law and economy development in the current conditions. The article describes the authors’ positions on the interpretation and legal regulation of these categories. The methodological base of the article comprises the recent achievements of epistemology. The authors apply 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 of special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that recently, in order to provide legality in the sphere of entrepreneurship, it is necessary to improve the forms and methods of administrative-legal activities of the police in this sphere. The main contribution of the authors is the conclusion about the necessity to develop administrative-legal regulation of the police’s activities aimed at prevention of violations in entrepreneurship. The novelty of the article lies in the suggestions about the development of forms and methods of Russian police’s work, and the provision of legal and organizational guarantees of legality in Russia’s economy.

DOI: 10.7256/2454-0692.2015.5.16563

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of application of measures of compulsion and stimulation in the sphere of economics. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation. The article presents the author’s positions on the concept of government regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations. The author also carries out the theoretical and legal analysis of the notions of concepts of law and economy development in the current conditions. The article describes the author’s positions on the interpretation and legal regulation of these categories. The methodological base of the article comprises the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently, in order to provide legality in the economic sphere, it is necessary to improve the forms and methods of administrative-legal regulation of the economy. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the article lies in the suggestions about the development of forms and methods of government regulation of the economy, and the provision of legal and organizational guarantees of legality in Russia’s economy.

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: 10.7256/2454-0692.2015.5.16582

Abstract: The subject of the research is the range of legal and organizational problems of administrative liability application in the cases of violation of legislation on the contract system in the sphere of state and municipal purchasing. The author carries out the theoretical and legal analysis of the concepts of administrative activity. The paper presents the author’s positions on the concept of legal regulation of administrative activity. The main attention is paid to the development of methods and methodology of administrative-legal regulation of liability in administrative law. The methodology of the research comprises the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently in order to provide legality in the sphere of state and municipal purchasing, it is necessary to enhance the forms and methods of administrative-legal regulation of this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of liability in the sphere of state purchasing. The novelty of the research lies in the suggestions about the development of forms and methods of government regulation of administrative liability and the creation of legal and organizational guarantees of legality in the sphere of state purchasing.

DOI: 10.7256/2454-0595.2015.4.13150

Abstract: The author of the article notes that, defining the conceptual bases of its personnel policy, the Ministry of Internal Affairs of the Russian Federation proceeds from the need for the formation of a new professional moral image of an Internal Affairs officer, and for the renewal of a personnel potential of the police and other bodies of the Ministry. The author states that the concept of the personnel policy of the Ministry of Internal Affairs in the Internal Affairs bodies is the system of opinions, priorities and rules of personnel policy realization in the system of the Ministry, based on the unity of views and methodological approaches towards the work with the personnel of the Ministry. The author uses general scientific methods (analysis and synthesis, generalization, deduction and induction, etc.) and special scientific methods: the comparative-legal method (the author studies the legislative regulations in the sphere of police service); and the analysis of the documents on the issue of the article. The author notes that the personnel policy of the Ministry of Internal Affairs is a part of the management system in the sphere of the Interior; its quality, systemity and consistency influence the efficiency of internal affairs bodies in general and the quality of the police work in particular. The issues of personnel policy are connected with enforcement of law, legality and provision of citizens' rights and freedoms. The Russian leaders and the Ministry of Internal Affairs pay special attention to the personnel policy issues in the internal affairs system.

DOI: 10.7256/2454-0595.2015.4.13176

Abstract: The author analyzes the correlation between the notions "regime" and "legal regime", formulates his own attitude towards the methods of study of this legal category, analyzes the existing scientific opinions about the notion and the essence of legal regime. The author uses his own system of stydy of the notion and the features of legal regimes - from the definition of "legal regime" and "administrative-legal regime", which would include the descriptive-substantive characteristic of this legal phenomenon, the revelation and research of the features of this category demonstrating all the sides of "legal regime" and "administrative-legal regime" to the study of the essence and the features of the notions "legal regime" and "administrative-legal regime" by means of their comparison and comparative analysis with other legal categories. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in specific sociological research (the statistic method, expert assessments, etc.). The article describes the existing in legislation and in scientific works variants of use of legal regime definitions. The author notes that the notion "legal regime" is one of fundamental notions of legal science. It attracts the attention of scientists dealing with general legal categories of jurisprudence and administrative law. In the conclusion the author offers six typical approaches to the definition of the notion "legal regime".

DOI: 10.7256/2454-0692.2015.4.16292

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of the economy. The author carries out theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety provision. The article demonstrates the author's position on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of safety of economic relations. In addition, the article presents theoretical and legal analysis of the concepts of law and economics development in modern conditions. The paper presents the author's position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert evaluation, etc.).The author concludes thet at present in order to provide law and order in the economic sphere it is necessary to improve the forms and methods of administrative and legal provision of its safety. The main contribution of the author is the statement about the need for the development of administrative-legal regulation of economic safety. The author proposes the ways of development of forms and methods of state regulation of the economy, and of creation of legal and institutional guarantees of legality in the economy of our country.

DOI: 10.7256/2454-0595.2015.3.13849

Abstract: The subject of the research is the complex of problems of a scientific and practical character connected with the application of measures of administrative responsibility for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The object of the research includes public relations appearing in the process of administrative measures application for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The authors pay special attention to the content and the principles of administrative responsibility in the sphere in question and formulate the suggestions about the enhancement of its realization. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the theoretical and the general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal logical) and the methods used in special sociological research (the statistical method, expert evaluations, etc). The article explains the necessity of extension of protective effect of administrative responsibility measures applied for the violation of order of production and distribution of ethyl alcohol, spirituous and alcohol-containing production, reveals the material and procedural components of administrative responsibility in this sphere. The study theoretically substantiates and reveals the mechanism of administrative measures realization in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. Moreover, the authors come to the conclusion about the necessity of inclusion of licence abolition as an administrative punishment for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production.

DOI: 10.7256/2454-0692.2015.3.15423

Abstract: The article focuses on the problems of legal regulation of the parties’ statuses in the procedural relations. The importance of this topic is conditioned by the legislative rights of the state prosecution and the defense to present their opinions to the court on the stage of pleadings about the application of the criminal law and infliction of punishment. The main conclusion of the article says that the abovementioned legal specificity is supposed to have an ambiguous legal regulation and, consequently, is unequally considered by the court when deciding on the case. This circumstance predetermines the search for the solution of the problem of the parties’ equality during the proceedings and the priority of one of the opinions for the court. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods applied in special sociological research (the statistical method, expert assessments, etc.). The main conclusion of the article says that there is still much to be done for the provision of law and order in criminal procedure. The main conclusion of the author is the declaration of the necessity of the parties’ procedural equality development in criminal proceedings. The novelty of the research lies in the proposals about the development of procedural criminal legislation in the sphere of the provision of procedural equality of parties in the stage of pleadings.

DOI: 10.7256/2454-0692.2015.3.15461

Abstract: The article focuses on the problems of legal and organizational measures of professional discipline provision in the system of the Ministry of Internal Affairs of the Russian Federation. The authors carry out a theoretical-legal analysis of the concepts of socio-legal regulation of professional discipline provision. The article describes the authors' positions about the concept of psychological maintenance of professional discipline. The main attention is paid to the development of methods and methodology of administrative and legal measures of discipline strengthening. In addition, the article presents a theoretical and legal analysis of concepts of professional discipline psychology development in modern conditions. The article describes 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 apply the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in special sociological researches (the statistical method, expert evaluations, etc.).The authors come to the conclusion about the development of capabilities of various methods of professional discipline maintenance among police officers. The authors study the prevention of professional discipline violations by traffic officers in order to carry out a psychological analysis of efficiency of different measures of influence. Among the effective measures the authors enumerate control, persuasion, coercion (punishment), encouragement, example, and training. The authors propose the methods for police officers' work improvement. The novelty of the research lies in the proposals for the development of forms and methods of professional discipline maintenance, and the creation of legal and institutional guarantees of legality in the sphere of the Interior.

DOI: 10.7256/2454-0692.2015.3.15569

Abstract: The article focuses on the problems of legal and organizational measures related to administrative and legal regulation of the modern economy. The author conducts a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. The article describes the author's position about the concept of state regulation of economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of law and economics development in modern conditions. The article provides the author's position 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 logic), and the methods used in the concrete sociological research (the statistical method, expert evaluations, etc.).The author concludes that at present in order to ensure law and order in economy, the forms and methods of administrative-legal influence on the public and private sectors of the Russian economy should be enhanced.The main contribution of the author is the declared necessity to develop the administrative-legal regulation of economy. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of economy and the creation of legal and institutional guarantees for the rule of law in the Russian economy.

DOI: 10.7256/2454-0692.2015.3.15584

Abstract: The article focuses on the problems of legal and organizational measures related to legal and organizational regulation of the modern economy. The author conducts a theoretical and legal analysis of the concepts of legal regulation of economic relations from the viewpoint of security provision. The article describes the author's attitudes towards the concept of economic security management. The main attention is paid to the development of methods and methodology of state influence on economic relations for the purpose of economic security provision. In addition, the article presents a theoretical and legal analysis of economic security development concepts in modern conditions. The paper describes the author's position 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 logic), and the methods used in special sociological research (the statistical mehtod, expert evaluation, etc.).The author concludes that at present in order to provide law and order in the economic sphere, forms and methods of economic security provision should be enhanced. The main contribution of the author is the declared need for the development of state regulation of economic security. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of economy and the creation of legal and institutional guarantees of legality in the sphere of economic security.

DOI: 10.7256/2454-0595.2015.2.12907

Abstract: The article studies the problems of citizens’ rights and freedoms provision by means of administrative-legal mechanism of the police’s activities. Attention is paid to the constructive components of the methodological approach to the provision of citizens’ rights and freedoms in the police’s activities. The article considers the main stages of development of a theory, connected with the provision of citizens’ rights and freedoms in the activities of the Internal Affairs bodies (the police); on the base of the research the author suggests the amendments to the existing legislation which can improve the work of public authorities’ and the Internal Affairs bodies (the police). The methodology of the research is based on 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 methods, expert evaluations, etc.). The results of the research can be used in the analysis of the genesis of development of the theory connected with the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs (the police). The consideration of some problems of the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs gives the opportunity to pay attention to the fact that the administrative-legal instruments can’t be effectively used without the application of intersectoral approach, particularly if it concerns the problem under consideration.

DOI: 10.7256/2454-0595.2015.2.12900

Abstract: The article considers the problems related to use of means of restraint by security forces of the Russian Federation in the light of its commitments in the sphere of use of weapons of war, use of force and firearms by security forces. Combating crime is not the problem of a distinct state anymore. Some criminal actions, such as production and distribution of drugs, counterfeiting of money and distrubution of bad money, piracy, androlepsy, and others pose danger not only on the regional, but also on the international level. It is a historical trend that each state works out its own mechanisms of combating crime, but there is one common feature, lying in the fact that security forces are mainly armed with the weapons which are adopted by their states’ armies, i.e. the weapons of war. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods used in sociological research (the statistical method, expert evaluations, etc.). The analysis of international normative legal acts in the sphere of weapons of war creation and restriction of use, specifically the particular kinds of conventional weapons, and their use by security forces during the performance of their duties, had shown the necessity of further development of normative acts, enhancing the order of creation and use of non-lethal weapons. It is noted that the collective bodies of the international community call the states upon for arming their security forces with the weapons, allowing use of force differentiating and not wounding severely.

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.

DOI: 10.7256/2454-0595.2015.2.12915

Abstract: The article considers the problems of correlation of such functions of judicial bodies of constitutional control as the legal protection of constitution and the protection of human and citizen’s constitutional rights and freedoms. Relying on the analysis of a range of the decisions of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe, the author concludes that these bodies often change the essence of constitutional regulations. Particularly, the constitutional courts put the wrong construction on the constitutional regulations which provide the right to life, impose a ban on capital punishment and euthanasia even with the absence of this rule in the constitutional regulations. The decisions of the judicial bodies of constitutional control can also change the subject of constitutional rights (introducing the right to life for an unborn child). The methodology of the research is based on 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, and modeling), the traditional juridical methods (formal-logical), and the methods which are used in specific sociological research (the statistical methods, expert evaluations, etc.). At the same time, the analysis of practice of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe shows that in the process of their main goal achievement these bodies not only decide about the constitutionality of the legal act, but also form their attitude towards the legal problems under consideration, i.e. their legal position which contains the interpretation of constitutional regulations which provide human and citizen’s right and freedoms. Simultaneously, the judicial bodies of constitutional control specify the essence and the content of constitutional regulations with regard to the sphere of public life which is regulated by law or other normative legal act, the constitutionality of which is being verified. The approach to the legal position of the constitutional court as an obligatory interpretation of constitutional regulations is conventional in the modern constitutional law studies in Russia and Central and Eastern Europe states.

DOI: 10.7256/2454-0595.2015.2.14140

Abstract: The subject of the review contains the legal and organizational problems of administrative jurisdiction in the financial sector. The object of the review contains public relations arising in the implementation of administrative and jurisdictional activity in the financial sector. Suitable circumstance led to a tendency to "exit" from the field of legal regulation of the Administrative Code of sanctions for violations in the financial sector. The review concluded that the beginning of the relevant area was laid in the Tax Code, Part 1 which contains a large number of offenses, duplicating similar, in fact, components of crimes set out in the Code of Administrative Offences.The methodology of the review is based on the modern achievements of epistemology. The study used the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the techniques used in empirical sociological research.The review concluded that the monograph is a research of high quality which provides a comprehensive solution of actual legal problems due to the conceptual justification of administrative and jurisdictional relationships in the financial sector, performed at a high scientific and theoretical and methodological levels, is an organic combination of innovative doctrinal and applied concepts of administrative jurisdiction and may be used for research in the science of administrative law and procedure.

DOI: 10.7256/2454-0595.2015.2.14281

Abstract: 1. The subject of the article includes legal and organizational problems of revelation of causes and conditions of administrative delicts. The object of the article is a range of public relations in the sphere of prevention and prophylaxis of administrative offences. The authors pay special attention to the forms and methods of activities of state power and administration bodies aimed at the prevention of administrative offences. Special attention is paid to the theory of this problem; the article formulates the proposals about the improvement of the legislation in the sphere of administrative offences. Also, special attention is concentrated on the logical connection of administrative offences and criminal delicts. 2. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in specific sociological researches. 3. The main conclusions of the research relate to the improvement of the legislation on administrative offences. The originality of this paper consists in the fact that it presents a comprehensive evaluation of public authorities' activities in the sphere of offences prevention; substantiates the use of the system approach in the sphere of crimes and administrative offences prevention. The specific contribution of the article consists in the conclusion that the achievement of significant results in provision of the rule of law and protection of the rights of citizens from various illegal encroachments is possible only on the basis of a complex approach to crime prevention.

DOI: 10.7256/2454-0692.2015.2.14438

Abstract: The research subject includes the issues of combating organized crime groups infringing on public morality, and the problems of a criminal nature associated with sexual exploitation. The object of the article is a range of public relations connected with the activities of the police in combating crimes related to sexual exploitation. The author discusses such issues of the problem as: maintaining of houses for prostitution; forms and types of prostitution; the problem of combating the activities of pimps. Special attention is paid to the criminal legal issues of combating crimes against public morality. The methodology of the article is based on the modern achievements in the theory of knowledge. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, and the methods used in the specific sociological research (statistics, expert opinions, and others).The author concludes that nowadays criminal legislation is not sufficient enough to fight organized criminal groups dealing with sexual exploitation of women. This type of criminal activity has gained a transnational character. The special contribution of the author consists in the proposed amendments to the Criminal code and the Code of Administrative offences. In particular, it is proposed to change some corpora delicti in the sphere of sexual exploitation of men and women. The novelty of the research lies in the fact that the author formulates the proposals aimed at improvement of legal and institutional framework of the activities of the police in combating organized crime groups infringing on public morality.

DOI: 10.7256/2454-0692.2015.2.14876

Abstract: 1. Social conditions of development play an important role in the formation of aggressive tendencies in an adolescent's behavior. Primarily, this should be judged in terms of relations: relationship of a person with his/her environment. An adverse social environment with long-term conflict situations, parental alcoholism, family members' aggression to each other, often cruelty - all these form the traits of affective explosiveness, anger, and hightened readiness for a conflict and conflict behavior. These traits will later form accentuated streaks. Therefore, a school psychologyst should pay attention to the social conditions of pupils development. Antidisciplinary behavior is most typical for teens living in unsatisfactory or not quite satisfactory social conditions. Psychological and educational desolation of a child is considered to be the main criterion of unsatisfactory conditions of development. 2. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in sociological research.3. The main conclusions of the study concern the improvement of psychological and pedagogical research of phenomenology of antidisciplinary behavior of adolescents. Special contribution of the article consists in the continuation of the research of phenomenology of antidisciplinary behavior of adolescents, started by the author in previous editions, where he systematically revealed some problems of antidisciplinary behavior of adolescents.

DOI: 10.7256/2454-0692.2015.2.14911

Abstract: The subject of the article includes the problems of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.

DOI: 10.7256/2454-0595.2015.1.12701

DOI: 10.7256/2454-0595.2015.1.12753

DOI: 10.7256/2454-0595.2015.1.12904

DOI: 10.7256/2454-0595.2015.1.13250

DOI: 10.7256/2454-0595.2015.1.13455

DOI: 10.7256/2454-0595.2015.1.13682

DOI: 10.7256/2454-0595.2015.1.13843

DOI: 10.7256/2454-0595.2015.1.14058

DOI: 10.7256/2454-0692.2015.1.14255

Abstract: The subject of the article contains the legal and organizational problems of the police activities on crime prevention in foreign countries. The object of the article is the circle of social relations connected with the prevention of administrative offences. The authors pay special attention to the forms and methods of activity of the police in prevention of administrative offences in foreign countries. Special attention is paid to the theoretical aspects of this problem. The methodology of the article is based on the modern achievements of epistemology. The authors used the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in the concrete sociological research. The main conclusions touch upon the improvement of the legislation on administrative offences. The novelty of this paper lies in the fact that it carried out a comprehensive assessment of the activities of the police in the prevention of various offenses and justified the system approach which is appropriate to use in combating crimes and administrative offences. The specific contribution of the article is that it's made the conclusion that a significant result in ensuring the rule of law and the protection of citizens' rights from various illegal encroachments can be achieved only on the basis of an integrated approach to crime prevention.

DOI: 10.7256/2454-0692.2015.1.14319

Abstract: The subject of the article is the problem of effective management of education of the Internal Affairs bodies' of the Russian Federation personnel. The object of this article includes public relations, which relate to the implementation of the educational process in the bodies of Internal Affairs. The authors detail the problem of disciplinary practices. Special attention is paid to the role of the head of the ATS in this process, who should build on the positive experience of the use of techniques, methods and ways of educating subordinates. Considerable attention is paid to the issues of raising the level of educational culture and the head of the MIA.The authors used the general philosophical, theoretical, empirical methods (dialectics, system, method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical, comparative law), the methods used in the concrete sociological research (statistics, expert opinions, and other).The authors identified the important issues related to the educational process carried out in the sphere of Internal Affairs. The specific contribution of the authors is that they revealed the problem of formation of professional and competent, culturally, psychologically stable employee of the Internal Affairs bodies. The novelty of this paper lies in the fact that it made the conclusion about the need for more effective management of the process of educating police officers, the head of the body of internal Affairs.

DOI: 10.7256/2454-0692.2015.1.14341

Abstract: The Subject of the article includes the legal and organizational problems of the police activity in the area of finances. The object of this article includes public relations, connected with the implementation of administrative and regulatory activities of the police in the field of finances. The authors detail the problems of financial control carried out in the sphere of internal affairs. Special attention is paid to the role of financial and economic departments of the MIA of Russia in the sphere of control in the field of finances. On the basis of the conducted research the author proposed the measures for improvement of financial control in the sphere of internal Affairs. The authors used the general philosophical, theoretical, empirical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical, comparative law), the methods used in the concrete sociological research (statistics, expert opinions, and others).The authors identified the important issues related to the implementation of financial control in the sphere of Internal Affairs. The specific contribution of the authors is that they revealed the forms and methods of financial control, as well as the prospects of its development in the sphere of Internal Affairs. The novelty of this paper lies in the fact that it made the conclusion about the need for a more effective financial discipline in the sphere of Internal Affairs, as well as for an improvement of the forms and methods of state financial activity implemented in the sphere of Internal Affairs.

DOI: 10.7256/2454-0595.2014.12.12692

DOI: 10.7256/2454-0595.2014.12.12693

DOI: 10.7256/2454-0595.2014.12.13424

DOI: 10.7256/2454-0595.2014.12.13613

DOI: 10.7256/2454-0595.2014.11.13078

DOI: 10.7256/2454-0595.2014.11.13456

DOI: 10.7256/2454-0595.2014.10.12458

DOI: 10.7256/2454-0595.2014.10.12714

DOI: 10.7256/2454-0595.2014.10.13056

DOI: 10.7256/2454-0595.2014.9.12459

DOI: 10.7256/2454-0595.2014.9.12675

DOI: 10.7256/2454-0595.2014.9.12712

DOI: 10.7256/2454-0595.2014.9.12902

DOI: 10.7256/2454-0706.2014.8.11549

DOI: 10.7256/2454-0595.2014.8.12514

DOI: 10.7256/2454-0595.2014.8.12396

DOI: 10.7256/2454-0595.2014.8.12398

DOI: 10.7256/2454-0595.2014.8.12470

DOI: 10.7256/2454-0595.2014.8.12639

DOI: 10.7256/2454-0595.2014.8.12642

DOI: 10.7256/2454-0706.2014.8.42435

DOI: 10.7256/2454-0595.2014.7.12076

DOI: 10.7256/2454-0595.2014.7.12289

DOI: 10.7256/2409-7543.2014.6.432

Abstract: Due to the development of the processes of public management informatization, public servants become involved in the system of information legal relationship, thus it is practically impossible to imagine their activities of control, supervision, licencing, and jurisdiction without acquisition and use of the respective information. Taking it into account, the working out of a new model of administrative and legal regulation of information relations in the system of public service seems to be of a big importance. This system could take into consideration the fundamentally new problems of global informatization of a modern society.