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Dolgikh I.P., Suponina E.A. - On Optimization of Certain Types of Administrative Punishments pp. 1-18

DOI:
10.7256/2305-9699.2014.10.1322

Abstract: This article is devoted to the important problem of the Russian administrative and tort law – the application practice of the most common administrative punishments in Russia – administrative fine, disqualification of an individual and administrative arrest. Despite the fact that almost thirteen years have passed since the Russian Code on Administrative Offences was adopted, this primary legal document regulating all matters related to administrative responsibility in this country still features serious legislative voids which adversely affect the situation with the legal order here. Many of such voids can easily be identified in Chapter 3 of the Russian Code on Administrative Offences dealing with administrative punishments. Methodologically, this article is based on the achievements of the cognitive theory. During the research, the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic) and the methods used for case studies (statistical, expert review etc.) were used. The scientific novelty of the above research lies in the fact that the authors have, for the first time, studied the causes for the inefficiency of applying the types of administrative punishments which are the most common in the Russian Federation. The article proposes specific measures to be taken to improve the currently effective administrative and tort law aimed at further optimization as relates to lawmaking and law enforcement.
Dolgikh I.P. - Should administrative responsibility condonation exist in the Russian Federation? pp. 1-15

DOI:
10.7256/2409-7136.2015.1.13775

Abstract: The research is devoted to legislatively adjusted and factual (non-adjusted) social relations, which appear during the process of the Code of Administrative Offences of the Russian Federation application, and provide for the grounds and the order of administrative responsibility condonation, and the principles of the institution of condonation emergence and development. The subject of the research is the institution of administrative responsibility condonation in various aspects: historical, theoretical, legislative and law-enforcement, as a detached complex of regulations of administrative-tortious legislation, which regulates the homogenous type of social relations. The research also concentrates on judicial practice reproduced in the materials of administrative delinquencies cases, theoretical ideas and scientific studies of the above-mentioned problems.The methodology of the research is based on the dialectical method of reality cognition and the complex of general scientific methods (logical, historical methods, method of process from the abstract to the concrete) and special scientific methods of cognition (comparative jurisprudence, statistical, system-structural analysis, statutory interpretation and others).The originality of the research is based on the fact that this article is one of the first complex interdisciplinary studies of urgent theoretical, legislative and law-enforcement problems of the institution of administrative responsibility condonation, which had been carried out on the base of existing legislation in the sphere of administrative delinquencies. The article contains a wide range of new theoretical and practical scientific provisions, conclusions and suggestions, which are very important for the theory of administrative-tortious law. 
Kirikova A.A., Abakumova E.V. - Modern trends in consumer protection: the problems of certification in Russian consumer market pp. 1-11

DOI:
10.7256/2409-7136.2015.2.14097

Abstract: The subject of the research in this article is the problem of implementation of voluntary certification caused by the imperfection of the existing technical legislation. Authors try to make an attempt to analyze the reasons for the unsatisfactory condition of normative legal base. The research is based on the idea that certification is one of the fundamental means of consumer protection in the sphere of goods circulation and the economic system as a whole, which gives the consumer a guarantee of identity of a specific product by the state’s standards. The authors describe some problems of legal regulation of voluntary certification. The authors use the general scientific (analysis, synthesis) and the special scientific methods: formal-legal, comparative-legal. As a result of the study the authors conclude that the domestic consumer market has various contradictions and problems in the field of voluntary certification. Many innovations don't spread in this sphere as, for example, the draft law on certification, religious certification is ignored, and so on. We consider that the main problem is the low legislative regulation that promotes active growth of abuse in this sphere as well as non-legal thinking of Russian consumers.
Airikh V.A. - Danger as a central category of German police law pp. 1-51

DOI:
10.7256/2409-7136.2015.3.14339

Abstract: The subject of the study is the concept of risk as the most important element of German police law, similar in its importance to the concept of crime in criminal law. The author examines the various definitions of the police and legal concept of danger, its main types - the abstract and the concrete, as well as the objective and the subjective regulatory approaches to its understanding. The author studies the rules of land police law in order to show the particular types of aggravated danger and the resulting legal consequences. The author emphasizes the role of a concept of danger as a regulatory means of regulation and legitimation of decision making procedure of the police concerning the execution of preventive measures in the conditions of uncertainty. The methodology of this research is based on the general and the special methods: dialectical, system, comparative legal, analysis and synthesis. The special contribution of the author consists in the novelty of the present study determined by the fact that the example of the rules of German police law for the first time shows the central elements of a preventive mechanism of public safety and order provision which are absent in modern Russian legislation on police and still insufficiently studied in the domestic legal science.
Airikh V.A. - The peculiarities of organizational, legal and financial provision of the police service work in Germany pp. 1-23

DOI:
10.7256/2409-7136.2015.5.14679

Abstract: The subject of the study includes the typical features of organisational, legal and financial provision of the police service work in Germany. The author considers the issues of administrative and legal institution of reimbursement of expenses related to the activities of the police aimed at the preventive maintenance of public order and safety. The author examines the regional police legislation in order to show particular types of these expenses. The article considers various approaches to assessment of the police levies legality. The methodology of this research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis and synthesis. The special contribution of the author consists in the novelty of the study, determined by the fact that the studies devoted to the police work haven't considered the issues of the police levies yet. Negative tendencies of the recent economic development of the country dictate the necessity to focus on the problems of modernization and enhancement of organizational, legal and financial provision of the police service work. 
Abaturov A.I. - Legal qualification of organization of and participation in strikes by prisoners (disciplinary liability) pp. 1-8

DOI:
10.7256/2409-7136.2015.7.15063

Abstract: The subject of the study is a range of social relations arising in the process of preventive influence on persistent violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions of Russia. The author considers the actual problems of disciplinary responsibility imposition on convicts serving a criminal sentence for organization of strikes. Particular attention is paid to the role of the convict-leader, who is a separate object of preventive measures taken by the personnel of a penitentiary institution. The methodology of the research is based on the dialectical method of cognition of reality. The author also uses the general scientific and the special methods of cognition: the comparative legal method for the analysis of the new and the previously existed criminal regulations and penitentiary legislation; the statistical method for the analysis of the statistical data for the period from 2000 to 2013. Special contribution of the author consists in the fact that this research has an important theoretical role and can be applied in the sphere of organization of work of the personnel of penitentiary institutions. The paper presents the characteristics of the problems in the field of study, develops the theoretical basis for the improvement of the functional mechanism of structural units of correctional institutions aimed at the prevention of unlawful acts by convicts, declared persistent infringers of the established order of service of sentence.
Amelin R.V. - The way of access to information as an element of legal status of government information systems users pp. 1-12

DOI:
10.7256/2409-7136.2015.9.15993

Abstract: The article considers the way of access to information in government information systems in the general context of study of their legal regime. The author attempts to demonstrate that the way of access to information is an essential part of legal status of government information systems users and should be defined by the range of such factors as legal regime of information and the goals of its use. The author attempts to systematize the ways of access to information and their linkage with the respective factors. The empirical base of the research contains normative legal acts regulating the legal regime of information systems created on the base of federal laws. On basis of the analysis of the respective legal norms the author attempts to outline the “best practices” of legal regulation. The author offers particular recommendations about the improvement of legislation regulating different ways of access. The considered ways of access to information in government information systems, their connection with the legal regime of the respective data and the authorities of information users can be used as a base for the creation of a united model of government information systems legal regulation. 
Ageev V. - The Board for coordination of struggle against corruption in the territorial subject of the Russian Federation: the main objectives and the mechanisms of their achievement pp. 1-10

DOI:
10.7256/2409-7136.2016.4.18121

Abstract: The research object is the Model provision on the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation consolidated by the Presidential Decree of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement”. The research subject includes the main objectives of the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation. The author considers the issues of the state anti-corruption policy, the order of interaction of the Board with other governmental entities in the sphere in question. The research methodology is based on the statutory instruments of the Russian Federation and its territorial subjects, and the works of Russian scholars. The author applies general and special scientific research methods. The novelty of the study is determined by the absence of works in this problem field. The author comes to the conclusion that with the issue of the decree of the President of the Russian Federation of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement” the certain vertical is being built in the anti-corruption system of the Russian Federation and its territorial subjects. But the mechanism of implementation of the Board’s tasks, established by the Decree, requires a more detailed elaboration. 
Shishko I.V., Damm I.A. - Fee-based participation of a government (municipal) official in educational advanced professional training programs: the issues of legality and competing interests pp. 1-9

DOI:
10.7256/2409-7136.2016.10.2030

Abstract: The research subject is Russian statutory instruments regulating a fee-based participation of government (municipal) officials in educational programs in the capacity of lecturers. The authors consider such aspects as the legitimacy of participation of government (municipal) officials in educational advanced professional training programs in the capacity of lecturers in their own time and for a fee, and the problem of competing interests. Special attention is paid to the study of the arguments of the supporters and the opponents of the consideration of such participation as complying with anti-corruption legislation. Educational organizations, dealing with educational advanced professional training programs, are intended to ensure continued high quality professional development of government and municipal officers of the Russian Federation. Advanced professional training presupposes the acquisition of a new qualification or (and) improvement of skills in the present one. Some aspects of an educational program are very specific and require wide experience. To ensure high quality education in its practical component, educational organizations invite government and municipal experts to participate in educational advanced professional training programs. Upon amending the article 10 “Competing interests” of the federal law No 273 “On combating corruption”, many experts, working as government officials, decide not to participate in educational programs or not to accept payment for their work as lecturers.The authors apply dialectical, system-structural, formal-logical and other methods of scientific cognition. The issue of compliance of the participation of government (municipal) officials in educational advanced professional training programs with the federal law “On combating corruption” is raised in the article for the first time after the adoption of the above mentioned legislative novels. Based on the provisions of educational, anti-corruption and labor legislation, the authors conclude that the participation of government (municipal) officials in educational advanced professional training programs in their own time and for a fee is legal and doesn’t cause competing interests. 
Maslii A.I. - Problems of interpretation and forms of expression of the necessity to carry out the operations of technical maintenance and current repair of vehicles of international transportation pp. 1-8

DOI:
10.7256/2409-7136.2016.12.2146

Abstract: The author considers the existing legal problems, caused by the absence of the normative consolidation of the definition of the term “necessity to carry out the operations with a vehicle of international transportation” in the current Russian legislation, and the forms of expression of such a necessity, which is one of the conditions for the tax benefit, provided by the article 347, clause 1, sub-clause 1 of the Customs Code of the Customs Union, which grants the remission of customs taxes in cases of technical maintenance and current repair of a ship. The author applies the set of methods, such as analysis, legal interpretation, the formal-legal method and others. The author concludes that:It is necessary to amend the current version of the article 347, clause 1, sub-clause 1 with the condition, that the need for the operations of technical maintenance and current repair with a vehicle of international transportation should be presented in a written form;Since the article 347, clause 1, sub-clause 1 doesn’t contain the definition of the term “necessity to carry out the operations with a vehicle of international transportation”, it is usually interpreted by judicial authorities and such a unification doesn’t take into consideration the interests of ship-owners and sometimes hampers their realization. Therefore, the definition of this term should be normatively consolidated via amending the article 4 of the Customs Code of the Customs Union with a sub-clause 53, eliminating all the contradictions. The scientific novelty of the research consists in the fact that the issues of the necessity to carry out operations of technical maintenance and current repair of vehicles of international transportation haven’t been studied in this context so far. 
Maslii A.I. - The ways of registration and confirmation of maintenance requirement inception time for a vessel for the purpose of application of the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union pp. 1-13

DOI:
10.7256/2409-7136.2017.2.21828

Abstract: The author considers the current problems of registration and confirmation of maintenance requirement inception time for a vehicle of international transportation which is one of the conditions that should be observed if the shipowner aims at avoiding customs clearance charges and ad valorem taxes as specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union. Special attention is paid to the established arbitration court rulings filling the current legal vacuum, caused by the absence of the established list of documents, confirming the maintenance requirement inception time. The author applies the methods of analysis and legal interpretation, formal-legal method and the method of legal prognostication, etc. The author formulates the list of documents (together with the seamanship examples and detailed explanations) which could confirm the maintenance requirement inception time for the vehicle of international transportation and the appropriateness of application of the sub-clause 1, clause 1, article 347 of the Customs Code. 
Nesterov A.I. - Mass Media in Terms of Legal Capacity and Competence pp. 9-20

DOI:
10.25136/2409-7136.2018.4.20729

Abstract: The subject of this research is the particular aspects of the legal regulation of mass media sphere that touch upon the nature of mass media and mass media establishment. The author of the article carries out an analysis of the Russian law on mass media and, based on the analysis results, makes a number of conclusions that underline the need to improve certain provisions of the laws not only in the procedure but also in the content. The author pays special attention to the definition (i.e. clarification) of the range of collective law subjects that have the right to act as an establisher of mass media according to the Russian law. The methodological basis of the research includes general research methods, formal law method of interpreting law and comparative law method. Based on the author, the novelty of the research is caused by the approach to interpreting mass media information as it is, i.e. using such legal concepts as legal capacity and law subject as methodological means of research. On the one hand, this allowed to demonstrate imperfection of the Russian law, in particular, the fact that the 'mass media' term is used by the Russian law in different meanings (law subject and law object) while it is legally defined as the law object. On the other hand, in the course of his analysis of applicable laws and regulations as well as judgements of Russian courts, Nesterov has discovered uncertainty in the definition of a range of individuals whose legal capacity allow them to act as mass media establishers. The author points out that not all collective law subjects mentioned in Article 7 of the Law on Mass Media may act as mass media establishers. It appears that conclusions made by the author may be of interest to researchers and, if recognized, may be used in law-making and law-enforcement processes. A number of conclusions and suggestions made by the author of this article focus not only on improving particular laws and regulations but may also extend the mechanism of legal regulation of all social relations being viewed as well as define a range of individuals who are entitled to execute rights and responsibilities set forth by the law as well as to bear legal responsibility for violations of law being committed. 
Kabanov P.A. - The concept and the content of anti-corruption education as a means of prevention of corruption pp. 12-27

DOI:
10.7256/2409-7136.2015.2.14150

Abstract: The subject of the research is anti-corruption education as a means of prevention of corruption used in modern Russian anti-corruption legislation, subordinate legislation, scientific and educational literature. The objective is to develop and offer a theoretically grounded definition of anti-corruption education as a scholarly legal category and reveal its contents. The research objectives are: a) on the base of the analysis of regional anti-corruption legislation and normative acts to identify the main features of anti-corruption education as a means of prevention of corruption; b) on the base of the identified characteristics to give a working definition of anti-corruption education as a means of prevention of corruption; b) to disclose the content of anti-corruption education as a means of preventing corruption. Methodological basis of the study is dialectical materialism based on scientific methods of knowledge: analysis, synthesis, comparison, and other used in legal Sciences. Scientific novelty of the research lies in the fact that the author based on the structural analysis of the legal and scientific definitions of anti-corruption education, formulated in the regional legislation of the Russian Federation, as well as in the scientific, educational and reference books, proposed a new definition of anti-corruption education. It differs significantly from the previous definitions and reveals its contents.Practical significance of the research: scientific category of anti-corruption education allows to reveal the content of this activity and may contribute to further research.
Maslii A.I. - Topical problems of application of the maintenance requirement inception time condition for a vehicle of international transportation (sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union) pp. 14-23

DOI:
10.7256/2409-7136.2017.2.22132

Abstract: The article studies one of the problems accompanying the shipowner’s right to avoid customs clearance charges and ad valorem taxes for vessel maintenance carried out beyond the Customs Union’s territory (sub-clause 1, clause 1, article 347 of the Customs Code). The author studies the established judicial legal approaches to the conditions of maintenance requirement inception time for a vehicle of international transportation, and proves their inconsistency with the sense of this condition. The author applies the set of general scientific and specific legal research methods of cognition, which help obtain the necessary results. The scientific novelty consists in the fact that the author is the first who pays attention to the recently established incorrect judicial interpretation and enforcement of the condition, specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union, about the maintenance requirement inception time for a vehicle of international transportation, which in fact except the possibility to use the privilege specified in this legal provision. The author formulates the conclusions and suggestions, which, in his opinion, comply with the spirit of this condition and the legislator’s logic. 
Fedotov V.V. - Legal regulation of the time period of delivery of public service of real estate title and transaction registration pp. 15-26

DOI:
10.7256/2409-7136.2016.2.17588

Abstract: The research subject is legal regulation of the time period of real estate title registration. The article considers the main statutory instruments regulating procedural periods of real estate title registration and evaluates the conformity of legal standards and their content. In the author’s opinion, the fact that the time period of delivery of public service is regulated by various statutory standards indicates the existence of significant legal gaps. The author supposes that the comprehensive data on the time periods of real estate title registration as one of public services should be contained in the law on registration, or should be regulated by the administrative procedure. The research methodology is based on general and specific scientific methods of cognition. The author applies the methods of analysis and synthesis, comparative-legal and statistical methods. The author explains the necessity to fulfill the potential of administrative procedure and exclude the departmental and local statutory instruments from the range of regulatory instruments. In the author’s opinion, there’s a need for increasing administrative supervision over the time periods of delivery of a public service. The author concludes that the law on real estate title registration coming into force in 2017 will predetermine the solution of practical problems. 
Dresvyannikova E.A. - Transport discipline and traffic participants' culture as the basis of road safety pp. 24-33

DOI:
10.7256/2409-7136.2015.5.14790

Abstract: The subject of the study includes the issues of formation and condition of transport discipline and traffic participants' culture. The author examines the previously used and the existing state measures of drivers' discipline provision.The purpose of the research is to propose the effective ways of road discipline and culture improvement. The objectives of the study are: a) on the base of the analysis of state measures of road discipline and culture enhancement to identify their main advantages and disadvantages; b) on the basis of the identified deficiencies to suggest the effective ways of road discipline and culture formation; c) to reveal the importance of information and propaganda in the sphere of road safety. The methodology of the research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis, synthesis and other methods used in the legal sciences. The author concludes that there is a radical need for road safety enhancement in the Russian society; development of communication means of the road safety issue transmission should gain primary importance. The author offers the measures of information and propaganda work enhancement in the sphere of road safety provision, which should be based on the development of legal awareness of traffic participants.  
Lipinsky D.A. - The administrative punishment concept pp. 24-43

DOI:
10.7256/2409-7136.2017.2.22105

Abstract: The research subject is the administrative punishment concept in its interconnection with the general theoretical concept of “legal punishment”. The “administrative punishment” concept is analyzed from the position of the theory of state and law, rather than from administrative and legal positions. The author notes not only the legal, but also the social character of the “punishment” category. Proceeding from the general to the particular, the author reveals the features of administrative punishment and compares them with the definitions, contained in the Criminal Code of the Russian Federation, and with the repealed Administrative Offences Code of the Russian Federation. The author analyzes the rulings of the Constitutional Court and international statutory instruments. The author applies the historical-legal, formal-legal and comparative-legal research methods. The study is based on the dialectical method and the philosophical laws of transition from quantity to quality, unity and struggle of opposites, and negation of negation. The author formulates the features of administrative punishment, based not on the administrative approach, but on the methodology of the theory of state and law. The author substantiates the general theoretical, rather than the sectoral nature of the concept of “punishment”. The author offers amending the article 3.1 of the Administrative Offences Code of the Russian Federation. In the author’s opinion, it should read as follows: “Administrative punishment is the measure of administrative responsibility imposed by the government for an administrative offence; it serves for the penalty and the prevention of new offences as by the same offender, so by other persons, and for the restoration of social relations and the correction of offenders”. 
Damm I.A., Ron'zhina O.V., Tolstikova I.N., Popov A.V., Tabakova I.N., Petrovykh N.N., Akunchenko E. - Topical issues of changing the procedure of incomes, expenditures, assets, and liabilities disclosure by persons serving as municipal officials pp. 31-51

DOI:
10.7256/2409-7136.2017.5.22713

Abstract: The research subject includes Russian statutory instruments, regulating disclosure of incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, their spouses, and underage children. The authors study the legislative novels, introduced by the Federal Law of 03.04.2017 No 64 “On amending particular statutory instruments of the Russian Federation for the purpose of improvement of state anti-corruption policy”. Special attention is given to the content of new procedures of disclosure of incomes and expenditures, open access to such information, reasons for inspection, and the lack of a formalized procedure of initiation of a legal action by the highest official of the territorial unit of the Russian Federation in case the fact of providing unreliable or incomplete information on incomes and expenditures has been detected.The authors apply general scientific method of dialectical cognition, and the set of specific methods: historical-legal, system-structural, comparative-legal, formal-logical methods, deduction, induction, definition and division of a notion. The authors detect the problem of legal uncertainty of disclosure of information on incomes, expenditures, assets and liabilities by persons, serving as municipal officials, according to the new procedure, adopted in 2017, due to the lack of procedures in territorial units of the Russian Federation. The article considers the key advantages and disadvantages of different ways of providing information on incomes and expenditures, the problems of its further publication and storage, and the issues of legal regulation of the reasons for initiation of inspection by the highest official of the territorial unit of the Russian Federation. The authors formulate the proposals about the formation of regional legislation, regulating the procedure of disclosure of information about incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, according to the new procedure, and about the improvement of the current federal legislation. 
Dolgikh I.P., Suponina E.A. - Problems and prospects of the Russian legislation on administrative offences pp. 39-49

DOI:
10.7256/2409-7136.2016.2.17835

Abstract: The article is devoted to the normative gaps of the current legislation on administrative offences undermining law enforcement practice. Over the last decades, several large-scale organizational and regulatory measures, aimed at improving the legislation on administrative offences, have been implemented in the Russian Federation, but it still can’t be called optimal. The impetuous growth of the quantity of registered administrative offences demonstrates that the lawmaking process lags behind the current needs of the society. The research subject includes the administrative provisions of the current Code of Administrative offences, which are considered by the authors in the light of the draft law №957581-6. The research methodology includes the dialectical method and the set of general scientific methods, including logical and historical, the method of advancing from the abstract to the concrete, and specific scientific methods (comparative jurisprudence, statistical methods, system analysis, interpretation of law, etc.). This work is one of the first complex interdisciplinary studies of the current theoretical, legislative, and law-enforcement problems of the range of institutions of administrative law (administrative investigation, inchoate crime, etc.). The authors offer the measures of the current legislation improvement aimed at its further optimization in the sphere of lawmaking and law enforcement. 
Mamatov M.V., Maslov I.A. - Preventive Role of Prosecutor in the Scope of Administrative Offences Legislation pp. 41-52

DOI:
10.25136/2409-7136.2018.1.23507

Abstract: Based on the analysis of applicable laws and current law-enforcement practice, the authors of this article describe preventive measures undertaken by prosecutors in the sphere of administrative offences legislation. The authors pay special attention to the issues that may arise in the process of applying special means set forth by Article 29.13 of the Russian Federation Administrative Offence Code - prevention of causes and conditions that constitute an administrative offence by analysing the nature of such offence and reflecting on whether existing opinions on the matter are false or true. The authors of the article study organizational/management and information guidelines of prosecutor's office, judicial and non-judicial practice of administrative justice authorities. In the course of their research, tasks and objectives setting and achievement, the authors have used a set of diversified research methods and theoretical analysis. The research is based on the dialectical approach and associated research methods such as systems approach, structure analysis, logical, comparative law, special law and legal modelling methods. The Russian Federation Administrative Offence Code describes different legal mechanisms aimed at prevention of such offences. One of the most efficient means is to introduce the provision about elimination of causes and conditions that constitute an administrative offence based on Article 29.13 of The Code. For the first time in the academic literature the authors of the article carry out an integral analysis of how this means is applied by prosecutor's office. 
Dresvyannikova E.A. - On the efficiency of implementation of administrative legislation in the sphere of road safety pp. 48-75

DOI:
10.7256/2409-7136.2015.8.15591

Abstract: One of the tasks of the science of administrative law at present is the study of the problems of administrative legislation implementation. Various amendments to the Code of Administrative Offences of the Russian Federation have made some of its provisions complicated and contradictory. The author supposes that the analysis of the problems of implementation of the existing administrative legislation in the sphere of road safety is a precondition for the formation of an effective mechanism of administrative-legal regulation of this sphere and one of the conditions of optimisation of road safety and the decrease of accident rate. The methodology of the research is based on the recent achievements of epistemology. The author uses the general scientific methods (analysis, synthesis, deduction) and the special scientific methods (formal-logical and comparative legal). The novelty of the research lies in the suggested measures of the existing administrative-delictual legislation enhancement aimed at its further optimisation in the aspects of law-making and law-enforcement and realization of the government policy in the sphere of road safety provision.
Ivanova I.A. - pp. 62-66

DOI:
10.25136/2409-7136.2018.6.26430

Abstract:
Kapustina V., Kozlova Y.A. - Problems of employment of retired government and municipal employees subject to anti-corruption restrictions pp. 65-72

DOI:
10.25136/2409-7136.2017.6.19293

Abstract: The research subject is the peculiarities of employment of government and municipal employees upon retirement. The authors analyze the legislative restrictions imposed on former government and municipal employees willing to enter a labor or commercial contract. The authors reveal the topical problems connected with the approval of a special commission responsible for the supervision over the observance of the requirements to the code of conduct of government employees and conflict of interest management. The research method is the theoretical analysis of statutory documents of the Russian Federation regulating the procedure of employment of former government and municipal employees. The authors conclude that the current legislation contains contradictions relating the obligation of former government and municipal employees to obtain approval of the commission supervising over the observance of the requirements to the code of conduct of federal government employees and conflict of interest management. The contradiction is connected with the obligation of a former government or municipal employee to obtain approval of this commission before official employment; it is significant impairment of labor rights of former government employees as compared with other applicants.  
Suponina E.A., Markevich A.S. - On the prospects of compulsory community service as a form of administrative punishment pp. 91-97

DOI:
10.7256/2409-7136.2017.1.19035

Abstract: The article contains the analysis of the legal nature and the specificity of compulsory community service as an element of the administrative punishment system; the mechanism of implementation of this form of administrative punishment; the prospects of its optimization and the problems of its correlation with administrative arrest. The research subject includes the provisions of administrative tort law regulating the content, reasons and procedure of use of compulsory community service as a punishment; the activities of specialized bodies aimed at its implementation and the statistical and empirical data on this issue. The authors apply modern achievements in epistemology and administrative tort law. The research methodology is based on general scientific and specific research methods. The authors use the historical, statistical, sociological, comparative-legal, formal-logical, system-structural and other research methods and the method of expert assessment. The scientific novelty of the study consists in its subject – the establishment and application of such a comparatively new for Russian legislation form of punishment as compulsory community service. The authors assess the possibility to extend the scope of compulsory community service on persons of no fixed abode and permanent source of income. 
Kabanov P.A. - Organization and implementation of the departmental control over the implementation of the state policy in the sphere of fighting corruption in the regions of the Russian Federation. pp. 130-145

DOI:
10.7256/2305-9699.2014.6.12236

Abstract: The object of studies concerns the organizational issues of implementation of departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation. The goal of the studies is to evaluate the current mechanisms for the departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation. The goals of study involve description of the main models of departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation, evaluation of efficiency of departmental control over the implementation of the state policy in the sphere of fighting corruption, propositions for the improvement of the system of departmental control over the implementation of state policy against corruption in the Russian regions. The methodology of studies involves dialectic method for the scientific cognition of the social events and processes, as well as the general scientific methods, which are based upon it (analysis, synthesis, comparison), as well as some other methods employed in the humanities. Scientific novelty of the research is due to the fact that the author for the first time evaluates the phenomenon of departmental counteraction to corruption in the constituent subjects of the Russian Federation.  The author describes the main types of such control (internal and external anti-corruption audit, anti-corruption audit of the personnel). The author proposes the measures for the improvement of the departmental control over the implementation of the state policy against corruption in the Russian regions.
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