Police activity - rubric Administrative activity of the police

Abstract: The object of the study is social relations arising in the field of protection of the rights and legitimate interests of children in the implementation of law enforcement activities by the police. The subject of the study is the impact of the most common administrative offenses committed in public places on the consciousness and behavior of persons under the age of sixteen. The author, through the use of dialectical-legal, social, psychological and pedagogical methods, analyzes the relationship of a set of factors with the consciousness and behavior of children, the formation of deviant behavior in them. The author's main thesis is that children should be protected wherever and with whomever they find themselves, including in the law enforcement sphere, where the police exercise their powers. The author's main conclusions based on the results of the study is that despite the obvious negative consequences for children of committing illegal actions in their presence, the issues of prevention of this phenomenon have not received due attention from specialists and require close attention today. Attention is drawn to the special role of parents in solving the problems of education, on the one hand, and the negative influence of adults who are not related to adolescents and commit administrative offenses, on the other hand. A proposal is being made to tighten administrative responsibility for persons who have committed administrative offenses (petty hooliganism “Article 20.1 of the Administrative Code of the Russian Federation”, consumption (drinking) of alcoholic beverages in prohibited places or consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicating substances in public places “Article 20.20 of the Administrative Code of the Russian Federation”) in the presence of persons, under the age of sixteen. The results of the study can be used to study the influence of adults on the formation of the legal culture of minors in the field of road safety.

Keywords: petty hooliganism, administrative responsibility, administrative offense, prevention, police, family, antisocial actions, minors, alcohol consumption, upbringing

DOI: 10.7256/2454-0692.2018.2.26415

Abstract: The subject of the research is the principles of state control (supervision). Based on the current judicial practice in solving the cases that may arise in the process of implementing the principles of state control (supervision) in control and supervision activities performed by executive authorities, and statistical data of the Justice Department of the Supreme Court of the Russian Federation, the author of the article describes the practical law enforcement potential of the aforesaid principles and describe their evolution dynamics. The author concludes that when being implemented to the reali life and in response to reformations of the state control (supervision), principles change their priority order. Some of them come to the forth, and others become less important. In the course of her research Nikonova has applied general research methods such as analysis, synthesis, comparison, classification, description, generalisation, etc.) and special research methods (comparative law, structured sytem analysis, method of legal interpretation) as well as the method of statistical evaluation. All these methods allowed to describe the main trends and patterns of the process under the study. The scientific novelty of the research is caused by the fact that the author proves the need to reform a new system of the principles of state control (supervision) that, according to the author, should be based on the Concept of the Federal Draft Law On State and Municipal Control (Supervision) in the Russian Federation and the Concept of Increasing Efficiency of Control and Supervision Measures of State Authorities.

Keywords: control and supervision measures, the principle of openness, principle of separation of powers, principle of good faith, notification procedure, principles, control and supervision activities, state control, check, reform of control and supervision

DOI: 10.7256/2454-0692.2017.4.22510

Abstract: The article analyzes the current situation in outfitting official premises of juvenile justice officers and formulates recommendations about the improvement of the current situation. The research object is social relations connected with the reasons of neglect and juvenile offences and the prevention of such negative phenomena. The research subject is the set of administrative rules regulating prevention of neglect, delicts and juvenile delinquencies, the activities of subjects responsible for preventive work with minors, and the measures of prevention of anti-social phenomena among minors. The author uses general scientific and specific, theoretical, applied and empirical approaches: general philosophical, general historical, structural-functional, institutional, socio-philosophical, psychological, logical-theoretical, statistical, system, Delphi, formal-legal, historical-legal, comparative-legal approaches, method of legal interpretation and interpretation of norms of law, etc. Despite the large number of scientific works devoted to the problems of prevention of juvenile delinquencies and the ways to solve them, the issues of outfitting official premises of juvenile justice officers haven’t been studies in recent years, therefore the source base of this problem is rather poor. The author proves the need to revive juvenile delinquents’ rooms, which firstly appeared during the Second World War, gives scientific recommendations about appropriate designing of such premises, their equipping and methods of work of juvenile police officers.

Keywords: human rights administrative activities, juvenile delinquencies , administrative offenses of minors, prevention of juvenile delinquency, police internal documents, official police transport, juvenile delinquents’ room, administrative work of police, law enforcement, police inspector

DOI: 10.7256/2454-0692.2017.6.24861

Abstract: The subject of the research is the adaptation of the interactive software interface 'Protocol on an Administrative Offense' by Universities of the Ministry of Internal Affairs of Russia in the educational process to develop University students' ability to prepare and duly compile legal documents and official records as well as to fully and correctly demonstrate results of their professional activity in procedural and official documents. This, in its turn, will raise efficiency and prominence of the educational process in terms of students studying administrative law and administrative activity disciplines. The methodological basis of the research implies general research methods, in particular, analysis, synthesis and modeling. The main conclusion of the research is that the author emphasizes the need to use the interactive software interface 'Protocol on an Administrative Offense' when preparing university (in-class) lectures and organising self-learning activities of students at the Universities of the Ministry of Internal Affairs of Russia and other higher education universities and institutions of the Federal Ministries and subordinate agencies. The novelty of the research is caused by the fact that there are no more electronic studying guides like the interactive software interface 'Protocol on an Administrative Offense' in the educational process.

Keywords: program interface, subject matter, educational process, educational program, educational organization, higher education, administrative offense, protocol, faculty, student

DOI: 10.7256/2454-0692.2022.2.37593

Abstract: The subject of the study of this article is public relations in the field of transport security and identification of persons who have fled from the scene of a traffic accident. The object of the study is the formation and improvement of skills to search for persons involved in the commission of administrative offenses in the field of traffic. The relevance of this work is associated with improving the quality of professional training of police officers when examining the scene of an accident and vehicles involved in this incident. The article shows the proportion of accidents from which drivers fled leaving the vehicle, including drivers who are intoxicated. The motivational components that encourage leaving the scene of the incident are considered, despite the high degree of disclosure of these offenses and the inevitability of strict punishment. The international approach of bringing to criminal and administrative responsibility of persons who fled from the scene of an accident is analyzed.The methodology of the conducted research is based on the application of methods of included observation, analysis of the practical experience of the activities of organizations of the Department of Internal Affairs and justice bodies, interdisciplinary analysis of literature and regulatory documents on the problem under consideration. The scientific novelty of the study is as follows: a) the analysis of statistics of offenses in the field of traffic is carried out; b) the problem of improving the training of police officers to investigate at the initial stage of criminal and administrative cases in the field of transport security is raised; c) the need to improve the methodology of accident investigation, and not the establishment of criminal liability for leaving the scene of the accident is justified. The main conclusions of the study are the need to improve the methodology of forensic investigations of the accident site and vehicles involved in this incident using modern technical means. The considered example of a trial during which a suspect was released from administrative responsibility, including due to procedural violations, indicates the importance of ongoing research in this area.

Keywords: alcohol intoxication, operational and investigative measures, walker, driver, transport vehicle, offense, road safety, Traffic accident, administrative responsibility, leaving the scene of an accident

DOI: 10.7256/2454-0692.2017.5.22509

Abstract: The scientific article contains recommendations about the improvement of work of minors’ affairs departments of internal affairs bodies by means of correcting the departmental legislation of the Ministry of Internal Affairs of Russia including Minors’ affairs departments regulations. The author offers the measures to improve the effectiveness of interaction of minors’ affairs departments with other departments and institutions of the system of juvenile offences prevention. The research object is the set of patterns and development trends of the system of social relations emerging in the process of legal regulation and organization of the activities of minors’ affairs departments officers. The research subject is the provisions of administrative law regulating the activities of minors’ affairs departments. The author uses general and special scientific research methods, theoretical, applied and empirical methods: general philosophical, formal-legal, comparative-legal, logical and theoretical, statistical, system. The scientific novelty consists in the fact that this is an applied work aimed at detailed studying administrative-legal, organizational and methodological problems forming the content and the order of administrative activity of minors’ affairs departments. The author formulates the ways to solve the detected problems.

Keywords: administrative responsibility of minors, crimes of minors, administrative offenses of minors, human rights administrative activities, law enforcement, prevention of juvenile delinquency, social protection of police officers , family disadvantages, protection of the rights of minors, administrative activities of the police

DOI: 10.7256/2454-0692.2021.2.35040

Abstract: The research subject is social relations in the field of public order protection, ensuring social security and combating crime in an administrative area and the implementation of preventive measures by a local police officer. The authors focus on the factors and peculiarities of the supervised area and its population affecting the establishment and revisioning of the size and limits of an administrative area supervised by a local police officer, and on the amendments to the decree of the Ministry of Internal Affairs of March 29, 2019 No205 “On a local police officer service in an administrative area and organization of this service”. Based on the conducted analysis, the authors suggest, when defining the size and limits of an administrative area, taking into account the population density in the area in question, economic, geographic, national and demographic peculiarities on the territory, the criminological characteristics of the citizens, the number of citizens having a police record, the current operative situation, and the peculiarities of administrative organization of municipal entities. In the authors’ opinion, the resolution of this problem will have a positive effect on the work of police officers, and will help to equally and rationally distribute workload on local police officers thus raising the effectiveness of their service and improving the quality of preventive measures.

Keywords: national characteristics, size of the administrative area, demographic features, UUP load, geographical features, preventive measures, economic features, the district Commissioner of police, protection of public order, police officer

Abstract: the article analyses legal and structural issues in realization of the means of administrative liability in the sphere of the turnover of alcoholic beverages. The specificity of this kind of legal liability is exposed. The author suggests a number of means aimed at the improvement of the means of the administrative liability in this sphere.

Keywords: alcohol, ethanol, liability, turnover, products, poisoning, supervision, consumption, alcoholism, death, alcohol addict, abuse.

Abstract: the article describes legal and structural gaps in the interaction between the bodies of Internal Affairs and military commissariats in the mechanism of law enforcement assurance in the sphere of military administration. Based on this research the authors put forward suggestions how to make this interaction more efficient.

Keywords: military commissariat, military commissariats, conscription, military registration, delivery, detention, apprehension, military draft.

Abstract: the article gives a study of legal and structural issues of assurance of recording and reporting system of administrative offences in the sphere of traffic collision. The article suggests that this recording of road accidents is of actual importance as one of the main conditions of law enforcement in the work of the State Automobile Inspectorate.

Keywords: offense, recording and reporting, order, offender, traffic, system, vehicle, effectiveness, motor vehicle accident, crash, impairment, injure, collision

Abstract: the article studies such a phenomenon as a religious association in the administrative law. The author discloses the essence of the religious association, describes the role of the bodies of Internal Affairs in securing of administrative status of the religious association.

Keywords: sect, status, religion, association, police, conscience, freedom, choice, registration, church, opinion.

DOI: 10.7256/2454-0692.2017.5.24416

Abstract: The research subject is administrative activity of authorities in Russia and some other countries. The author focuses on the formation and development of administrative activity as one of the key types of public activity. The author considers the views of scholars of different periods on the “administrative activity” concept and the experience of formalization of administrative activity in legislation. Special attention is given to the correlation between administrative activity and public administration and the influence of the administrative reform on the modern state of administrative activity. The author uses general scientific and specific research methods including historical, comparative-legal and the method of dogmatic interpretation of statutory acts. The author formulates the idea that administrative activity is one of the key forms of public activity; at the present time, administrative activity is usually studied within particular branches, and administrative activity itself needs to be conceptually and theoretically substantiated. Such conceptual and theoretical substantiation of administrative activity by law enforcement bodies and special services requires special attention.

Keywords: legislation, administrative law, public administration, genesis, legal science, administrative activities, concept, administrative reform, administrative bodies, administrative acts

DOI: 10.7256/2454-0692.2018.4.27339

Abstract: The article is devoted to the legal regulation of the activity of particular government agencies during epidemics and epizootics. The authorhs of the article declare the main provisions of the police activity aimed at enforcement of public order and public safety taking into account the legal status of particular official positions of empoloyees. The authors analyze legal acts and regulations that enforce particular areas of police activity during epidemics and epizootics and give recommendations on how to increase the police efficiency under such conditions. The methodological basis of the research consists of general and special research methods including systems approach, logical analysis, analytical method, ascention from the abstract to the concrete and from the general to the particular. The main conclusions of the research are the following. During epidemics and epizootics health care or veterinary service annot do without the forces and means of the Ministry of Internal Affairs of Russia. The current system of training police officers for the aforesaid conditions has a number of serious disadvantages such as the police being unready to make immediate decisions and timely invade contaminated territories, and poor performance of quarantine measures by public order subdivisions. There is also a need to increase professional competence of police officers who are responsible for the maintenance of the public order in extreme situations. As a result of their research, the authors offer a number of measures aimed at increasing efficiency of police subdivisions during epidemics and epizootics.

Keywords: dislocation, catastrophe, infection, administrative offense, quarantine, public safety, public order, police, epizootic, epidemic

Abstract: the article suggests a recent understanding of some of the fundamental notions of contemporary Administrative Law, such as “state administration”, “forms of state administration”. Based on the analysis of these notions, conclusions are put forward about the weight of these notions in the contemporary administrative law and their relation to some other notions.

Keywords: fundamental, key, notions, state, administration, administrative, law, executive, power, category

DOI: 10.7256/2454-0692.2020.1.32742

Abstract: The research subject is social relations in the field of public order protection. The article focuses on the interaction between the Ministry of Internal Affairs of the Russian Federation represented by patrol and point duty officers and the Ministry of Healthcare of the Russian Federation represented by healthcare workers, in detecting people in the state of alcoholic intoxication, often unconscious or unable to walk, in public places. This category of citizens should be removed from public places and provided with medical aid. The author studies historical materials of the Soviet period, analyzes the current legislation issued by the Ministry of Internal Affairs and the Ministry of Healthcare related to public order protection and its comparison with the practical activities of internal affairs bodies. Based on the analysis, the author suggests renewing the work of special medical sobering stations which will undoubtedly have a positive effect on the work of internal affairs officers, provide citizens in the state of alcoholic intoxication with professional medical assistance, and harmonize the actions of police officers and healthcare workers.

Keywords: sobering, special institution, medical worker, forced deliver, police officer, emergency team, state of intoxication, Public order protection, the prevention of alcoholism, offence

Abstract: the article studies various situations of using in practice of the Institute of administrative expulsion of aliens according to the legislation of the Russian Federation. The authors analyze legal origin, essence and order of implementation of such forms of administrative expulsion as banishment from the territory of the Russian Federation, deportation and readmission. The authors arrive to some conclusions by comparing such means with the present day situation in Russia in anticipation of the forthcoming major international events in the country.

Keywords: jurisprudence, administrative, expulsion, banishment, deportation, readmission, institute, legislation, agreement, alien.

DOI: 10.7256/2454-0692.2024.2.69776

Abstract: The article examines the issues of formation and legal regulation of the institution of administrative expulsion in the domestic legal system, as well as special institutions – temporary detention centers for foreign citizens of the territorial bodies of the Ministry of Internal Affairs of Russia. These institutions are, under the jurisdiction of the Ministry of Internal Affairs of Russia and possessing administrative legal personality, specialized regime law enforcement agencies established in order to comply with legal requirements in terms of: implementing the execution of administrative expulsion from the country, deportation or readmission, as well as isolation from society of immigrants subject to forced expulsion from the Russian Federation, deportation or readmission. The socio-economic and political changes that took place during the time period under consideration had an impact on the development of the democratization of society, manifested in respect and observance of human rights and freedoms in modern Russia, and led to the formation of legal norms governing the organization and activities of special institutions. The analysis of legislative acts related to the legal regulation of administrative expulsion and special institutions was carried out, statistical data for 2022 were analyzed. The authors identify the current problems that arise in the activities of Temporary Detention Centers for foreign citizens, related both to imperfect interaction with other government agencies (FSSP), and personnel issues, and logistical support. In connection with the identified problems, the authors propose certain proposals for improving the activities of temporary Detention Centers for foreign citizens. In particular, it is proposed to increase the number of personnel; reduce or not involve civilians at all in the protection of temporary Detention Centers for foreign citizens; differentiate the activities of the Ministry of Internal Affairs and the Federal Bailiff Service so that this service is actually engaged in expulsion and deportation, that is, escorted foreign citizens from temporary Detention Centers for foreign citizens to places of official expulsion.

Keywords: administrative responsibility, police, court's decision, foreign citizen, deportation, administrative offense, Temporary Detention Center, administrative expulsion, special institution, force

DOI: 10.7256/2454-0692.2017.6.25324

Abstract: The subject of the research is the legal standards fixed in The Order of the Ministry of Internal Affairs of Russia No. 664 'Confirmation of the Administrative Regulation on The Ministry of Internal Affairs of the Russian Federation Executing Federal Control Over Road Travelers' Compliance with the Russian Federation Road Safety Requirements' dated September 23, 2017. The object of the research is the social relations arising between road travelers and police officers who perform control over compliance with road safety rules. The author of the article examines provisions of the Administrative Regulation and compares it to the Federal Law 'Concerning Police Activity', Administrative Offenses Code of the Russian Federation and other regulations and legal acts. The authors focus on administrative procedures and their analysis. The methodological basis of the research includes the dialectical method, fundamental research provisions, and philosophical concepts that provide a general method of studying the reality. In the course of their research the authors have also applied methods of historical, comparative law, sociological and statistical analysis. The main conclusions of the research are made up as statements made by the author and aimed at eliminating certain provisions of the Administrative Regulation that contradict to a number of other regulatory acts. These changes offered by the authors will allow police officers to be more efficient in performing their duties when carrying out a state control over road travelers' compliance with road safety requirements and at the same time guarantee rights, freedoms and legally protected interests of citizens and enterprises.

Keywords: suspension from management, police officer, vehicle inspection, measures to ensure, videotape, procedures, administrative regulations, administrative act, executive, administrative proceedings

Abstract: the article suggests a study of legal and structural principles in prevention of offences within the boundaries of the servicing administrative area; an analysis of forms and methods in the work of the neighborhood police inspector within their administrative area of their service. Based on the research suggestions are made on how to improve the performance of the neighborhood police inspector.

Keywords: a neighborhood police inspector, area of service, preventive means to eliminate the offences, activity, prevention, administrative district, residential area, check, conversation as a preventive measure, patrol zone

Abstract: the article analyses legal and structural issues in qualification of administrative offences in the sphere of the consumers market. The essence of this qualification process is revealed in general and in the sphere of the consumers market particularly.

Keywords: market, qualification, sphere, consumer, offence, corpus delicti, threat, indication, offender, law enforcement, commerce, merchandise.

DOI: 10.7256/2454-0692.2017.2.22109

Abstract: The research subject is legal regulations, judicial practice materials, and activities of public officials, aimed at collection, fixation, and procedural consolidation of evidences for cases of administrative offences, committed via the Internet. The research object is social relations, arising during judicial proceedings on cases of administrative offences, committed via the Internet. Special attention is given to the issues of determination of a person and a place of an administrative offence, committed via the Internet, and the problem of collection and fixation of evidences for such offences. The research methodology is based on the set of general scientific and special research methods of cognition (empirical, analytical, and system methods, analysis, synthesis, etc.). The scientific novelty consists in the fact that the author offers practical recommendations for the determination of an offender and a site of the offence. The author concludes that the fixation of evidence, taken from the Internet, can be performed both in a form of a protocol, and in the form of an act, and demonstrates the sample of a protocol (act) of examination of a web page.

Keywords: administrative offence, offender, site of offence, Act, protocol, Evidence, Internet, proceedings , document, fixation

DOI: 10.7256/2454-0692.2020.2.33103

Abstract: The research object is social relations connected with the admission of novice drivers to traffic on roads and the issue of driver’s licences. The research subject is the set of normative acts of the Russian Federation regulating the admission of drivers to traffic on roads, and the statistical data of the State Road Safety Unit on road accidents with novice drivers whose driving experience is up to 2 years. The authors analyse road accidents with novice drivers, identify the main reasons of accidents and offer the solutions to these problems. The scientific novelty of the research consists in the fact that the analysis of traffic accidents helped to outline the problems that should be solved within the shortest possible time in order to reduce the number of road accidents caused by novice drivers. In this context, the authors suggest introducing changes into the legislation of the Russian Federation which would allow for the declaration of driver’s licences issued in other states invalid, as well as the exchange of non-Russian driver’s licences for Russian ones only after adequate training and passing the exams. Besides, the authors suggest introducing the possibility for juveniles who passed the exams to drive a vehicle before they arrive the age of 18 with particular restrictions and accompanied by an experienced driver.

Keywords: traffic accident, statistics, driver's license, Traffic police, experience, traffic, vehicle, young driver, road safety, driving school

Abstract: the author studies issues of realization of the administrative law control principles in the activity of private detectives and security guards. The author emphasizes that these principles are of imperative character and penetrate into all aspects of activity aimed at security assurance of the business enterprises.

Keywords: security, detective, security guards, principle, regulation, improvement, service, control, police, binding.

Abstract: the focus of the article is made on the specificity of the norms of the administrative law in the mechanism of ensuring of the supremacy of law in the system of the Ministry of Internal Affairs of Russia. The specificity of these norms is described, and the relationship with the other elements of this mechanism of legal regulation is revealed in the article.

Keywords: rules, rights, legal relationship, police, police officer, compulsion, order, prohibition, restriction, officer, body, Ministry, lawfulness.

Abstract: the article describes the realization of preventative means of road traffic injures by traffic police, and it reveals peculiarities of this activities aimed at prevention of the traffic injures. “The Federal Target Program for Ensuring Road Traffic Safety in 2006-2012” is in force to ensure traffic safety on a federal level, and it aims at reducing road fatalities in the country.

Keywords: traffic injury, vehicle, accident, road traffic accident, participant of the road traffic accident, traffic police, control, safety.

Abstract: the article suggests a study of legal and structural issues of cooperation in the Internal Affairs bodies concerning the procedure of provision of aliens and persons lacking citizenship with the legal status under Administrative Law; an analysis of the principles of such cooperation as well as the priority trends in it are defined.

Keywords: alien, people without citizenship, cooperation, status, situation, assurance, coordination, bodies of Internal Affairs, migration authorities, effectiveness, forces, means, information exchange

DOI: 10.7256/2454-0692.2023.6.68893

Abstract: The article analyzes the current legislation in the field of prevention of domestic offenses, discusses the tasks of the district police commissioners and the police in general for the prevention of household offenses. The analysis of legislative acts related to the suppression of offenses in the family and household sphere was carried out, statistical data of the Ministry of Internal Affairs of Russia for 2022 were analyzed. The service of district police commissioners has a leading role in the prevention and suppression of offenses in the sphere of intra-family life. The positive and negative aspects of the activities of the precinct police commissioners were identified, the problems of the implementation of the current legislation by the units of the precinct police commissioners were identified, which should include the workload of the units of the precinct police commissioners of the territorial bodies of the Ministry of Internal Affairs of Russia; related to the fact that on average there are about 400 appeals per precinct officer, or about two during the working day.

Keywords: administrative activities of the police, family, prevention of violence, administrative offense, district commissioner of the police, police, family and household relations, prevention system, prevention of offenses, domestic violence

Abstract: the article contains a review of legal and organizational issues of establishment and realization of the administrative supervision, analyses statements of the Law about Police, describes restrictions and prohibition due to the establishment of administrative supervision.

Keywords: supervision, control, offence, supervised, police, law, restriction, prohibition, freedom, execution, liability.

Abstract: the article describes legal and structural issues of the development of administrative procedures and administrative regulations in the system of MOIA of Russia. The article points out various types of administrative procedures and regulations in the work of the bodies of Internal Affairs.

Keywords: regulation, procedure, process, production, interaction, licensing, registration, executive authority, administrative procedure and activity

Abstract: the article contains insights on some ways in which databases can be used in combat with migration crime. It allows the author putting forward suggestions on how to improve the legal and organizational principles of counteraction to illegal migration.

Keywords: information support, information, record, system, illegal migration, databases, migrant, liability, banishment, deportation.

Abstract: legal and especially legal administrative injunctions have been in the focus of interest of several generations of scientists and specialists. Legal injunctions provide law and order in many spheres of public administration and social activity. Administrative injunctions got thoroughly researched by the scientists of administrative law in the mid XIX beginning of the XX centuries. This subject was not studied in the soviet epoch, and there were a number of reasons for that of both objective and subjective character. Absence of strict administrative injunctions in the system of the soviet public service is related to the strict administrative regulation of economic and social relations. In this situation the social meaning of the administrative injunction in the system of public service was not so important. What caused an objective need in the development of administrative injunctions was the development of market relations, decentralization of public administration and appearance of the new forms of private property of the means of production.

Keywords: injunction, regulation, right, Institute, principle, law, rule, industry, segment of industry, system, structure.

Abstract: the article gives a research of the legal and organizational issues of the realization of the means of administrative compulsion in the police activity; it specifies the variety of such means, as well as their role in provision of law and order and security.

Keywords: compulsion, prevention, order, provision, penalty, management, system, liability, power, administration, form.

Keywords: traffic injury, vehicle, accident, road traffic accident, participant of the road traffic accident, traffic police, control, safety.

Abstract: the article studies issues of realization of the means of administrative liability for violation of the law about banks and banking operations; it also discloses crime components of the relative types of offence, and besides this, means of optimization of administrative legal regulation of the relations within the banking system.

Keywords: liability, bank, depository institution, loan, lending, delinquency, assets, penalty, structure

DOI: 10.7256/2454-0692.2016.1.17753

Abstract: The research subject includes the relations between legally and organizationally independent public authorities which are formed according to the established legal order for executing particular tasks and functions within their competence, and invested with authorities in the sphere of taxation. The author considers such aspects of the topic as legal jurisdictional powers of federal executive authorities in the sphere of taxation. Special attention is paid to the study of the competence of subjects, pursuing jurisdictional activities in tax sphere. The author applies the systems method and the method of expert assessments. The author concludes that the administrative-jurisdictional competence of federal executive authorities in the sphere of taxation is a statutory amount of state authoritative powers, fulfilled by the authorized bodies in the established procedural form, and aimed at the solution of a certain legal case in the sphere of taxation and prevention of a tax offence; the content of administrative-jurisdictional competence includes the target, object, procedural, and territorial components. The novelty of the study lies in the competence of the subjects, pursuing jurisdictional activities in the sphere of taxation, as a statutory list of issues which should be solved in the process of tax jurisdiction organization.

Abstract: the focus of the article is made on imperfection of the criminal procedural legislation (UPK or Penal Code of the Russian Federation) in relation to the regulation of the description of the parties of the pretrial inquest. The author makes assumptions as to the decrease of the list of the bodies of the pretrial inquest and the sole right for the pretrial inquest belonging to the Committee of Inquiry of the Russian Federation.

Keywords: inquest, parties of inquest, criminal procedural activity, Penal Code of the Russian Federation, investigator, criminal law, procedural body, procedural independence, types of procedural bodies, investigator of the Committee of Inquiry of the Russian Federation, investigator of the bodies of the Federal Security Service, investigator of the bodies of Internal Affairs, investigator of the bodies which control the turnover of narcotic drugs, Committee of Inquiry of the Russian Federation.

DOI: 10.7256/2454-0692.2013.1.62063

Abstract: the present day state of the administrative procedural legislation of Russia justifies our need in administrative procedural code of the Russian Federation. Administrative procedural activity is not reduced to institution of administrative proceedings against someone and cases of administrative offence. Spreading of democracy in the early 90s of the 20th century caused appearance of a new type of public relations. These new public relations are close to administrative process thanks to their nature, essence and contents — these are cases, which come out from administrative and public offences in the court.

Keywords: administrative procedural legislation, administrative procedural relationship, administrative process, procedure, stage, period, participant.

DOI: 10.7256/2454-0692.2016.1.67396

Keywords: subject, functions, executive authority, competence, official, management, sphere of taxation, bodies, statutory act, procedural form

Abstract: the article describes legal and structural aspects of insuring of aviation security, in the system of transportation security, explains the essence of transportation security, as well as means of insuring of transportation security are described.

Keywords: security, means of insuring, transport, source of increased danger, threat, risk, objects of transport infrastructure, means of insuring security, safety concept of transport infrastructure

Abstract: the article analyses the objectives of legal regulation in the sphere of the turnover of alcoholic beverages. The specificity of this kind of legal liability is exposed. The author suggests a number of means aimed at the improvement of the means of the administrative liability in this sphere.

Keywords: alcohol, ethanol, liability, turnover, products, poisoning, supervision, consumption, alcoholism, death, alcohol addict, abuse.

DOI: 10.7256/2454-0692.2019.2.29634

Abstract: The research subject is the system of social and legal relations forming in the process of considering the citizens’ applications by the internal affairs agencies. The research object is social relations forming during the consideration of citizens’ applications including those occurred as a result of typical faults detected during monitoring and control examination. The author studies the current legal norms formalizing the procedure of consideration of citizens’ applications by internal affairs agencies in order to formulate suggestions for its improvement. The author uses general scientific methods: dialectical, system analysis, comparison and analogy, as well as the formal legal method, the method of legal modeling, practical experience generalization and other methods. The scientific novelty of the study consists in the fact that the author analyzes typical violations committed by the police personnel in Oryol, Tula and Ryazan regions. The research is based on the analysis of the current legal provisions formalizing the principles of consideration of citizens’ applications. The purpose is to develop the action plan for the prevention of such violations. The author suggests the mechanisms of improving the efficiency of this institution using the experience of particular regions of the Russian Federation. The essence of these mechanisms reduces to the necessity of sufficient and comprehensive control of the heads of the departments over the specialists considering citizens’ applications to internal affairs agencies.

Keywords: territorial body, citizen complaints, accounting and registration discipline, typical error, consideration of applications, statements, the bodies of internal Affairs, citizens ' appeals, the proceedings in the appeals, Prosecutor's checks

Abstract: the article contains a review of legal and structural issues in realization of administrative liability in the sphere of cyber law. Based on the review, suggestions are made how to improve the mechanism of administrative penalty realization in the sphere of information.

Keywords: liability, law, information, regulation, penalty, punishment, structure, jeopardy, information support, guard, protection.

DOI: 10.7256/2454-0692.2013.1.62064

Abstract: In compliance with the goals and objectives, which were determined by the President of the Russian Federation, the tax policy must be aimed not only at providing of the necessary minimum level of income in the budget system, but it should also take into account other priorities of the development of Russia. In present day situation the level of responsibility of business is growing when paying the taxes and requirements to prevent refusal to pay taxes.

Keywords: tax, duty, control, administration, system, issue, Federal Customs Service, management, building, origin.

Abstract: the article suggests an analysis of legal and structural gaps of regulation of migration processes, explains present structural gaps related to the realization of migration processes, offers means to improve the migration control.

Keywords: migration, migration policy, migrant, immigration control, deportation, expulsion, concept, migration service

Abstract: the article reviews the place and role of police in the system of preventative means in juvenile offending. The author specifies a number of methods of preventative and educational nature.

Keywords: police, divisions for juvenile affairs, bodies of Internal Affairs, preventative means, compulsion, persuasion, measures, help, interaction, cooperation, safety, social responsibility.

Abstract: the article analyses legal and structural issues in realization of jurisdiction activity in the sphere of consumer market. The essence and structure of administrative jurisdiction by executive authorities in the sphere of the consumer market is described.

Keywords: jurisdiction, process, execution, control, body, authority, activity, supervision, penalty, liability, procedure, market.

DOI: 10.7256/2454-0692.2014.1.10660

DOI: 10.7256/2454-0692.2014.1.63886

Abstract: The study of administrative procedural position of participants of the proceedings on administrative offences cases show that the problem of guaranteeing rights and lawful interests of a person in the administrative offence proceedings has several key aspects regarding the following: proceedings on administrative offence cases, application of administrative coercion measures in general; activities of the state regarding guarantees of rights and lawful interests of natural persons and legal entities in administrative legal sphere. The article notes special administrative responsibility subject, which has the same amount of rights with the subject that does not have these qualities. The methodological basis for the scientific article was formed by the modern achievements of the cognitive theory. In the process of studies the author used general philosophical, theoretical, empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), methods used in specific sociological studies (statistic, expert evaluation, etc.). It is noted in the article that an official in the Administrative Offences Code of the Russian Federation is a person, who permanently, temporarily or in accordance with special competence performs the functions of state representative, that is a person being provided within the procedure established by law with the administrative capacity towards the persons, who are not in service dependency with him, or the person performing organizational and administrative, or organizational and economic functions in the state bodies, municipal bodies, state and municipal organizations, and also in the Armed Forces of the Russian Federation, other armed forces and military formations of the Russian Federation.

Keywords: person, special, subject, law, influence, participant, responsibility, status, position, sanction.

DOI: 10.7256/2454-0692.2017.1.20626

Abstract: The research object is the problems of enforcement of administrative law provisions in the sphere of traffic. The authors note the importance of formation of an effective mechanism of administrative regulation and the introduction of innovations in this sphere. The article considers the legislative framework of regulation and the technical novels of administrative offences in traffic recording. The topicality of the problem is explained by the fact that nowadays the effective and correct enforcement of administrative provisions in the field of traffic is a prerequisite of optimization of traffic safety and decrease of the number of road accidents. The research methodology is based on modern achievements in epistemology. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, and observation), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessment, etc.). The scientific novelty consists in the particular measures of improvement of the current administrative legislation aimed not only at its further enhancement in relation to law making and law enforcement, but also at the government policy implementation in the sphere of traffic safety provision. The authors conclude that at the present time, the government policy should include the set of measures for further harmonization of the legislation with the needs of the society for the decrease of the number of administrative offences and the improvement of law enforcement and administrative and jurisdictional activities of the State Traffic Safety Inspectorate.

Keywords: offence, recording, traffic, security, law enforcement, administrative legislation, punishment, rates, implementation, legal consciousness

DOI: 10.7256/2454-0692.2015.2.14467

Abstract: The subject of this study is the law enforcement practice of the Traffic Police officers to detect and prevent the administrative offences specified in paragraph 3.1 of Article 12.5 of the Code of Administrative Offences, which provides responsibility for driving the vehicle with the screen covered with colour films with a lower optical transmission than permitted by technical regulations. In addition, the author analyzes the possible ways of this administrative offense suppression by means of Paragraph 4 of Article 4.1 of the Code of Administrative Offences, obliging the driver to eliminate the violation on the spot even if the administrative penalty has been imposed. The methodology of the study is based on dialectical materialism and the general scientific methods of analysis, synthesis, comparison, and other methods used in administrative law. The scientific novelty of this study lies in the fact that the author offers a new, based on the federal legislation, legal way of application of Part 4 of Article 4.1 of the Code of Administrative Offences obliging the driver eliminate the violation on the spot, and makes suggestions about the improvement of the departmental normative act of the Ministry of Internal Affairs of the Russian Federation.

Keywords: execution, responsibilities, police inspector, offense, driver, vehicle, driving, elimination, suppression, punishment

DOI: 10.7256/2454-0692.2015.2.66301

Keywords: execution, responsibilities, police inspector, offense, driver, vehicle, driving, elimination, suppression, punishment

DOI: 10.7256/2454-0692.2015.2.14738

Abstract: The subject of the study is the administrative and legal framework regulating the activities of the police in transport safety provision. Implementation of the mechanism of administrative and legal regulation of transport safety provision by the police is of great importance for transport safety. The degree of safety of transport infrastructure objects depends on the enhancement of regulations and their correct and legal implementation. The mechanism of administrative and legal regulation of the police activities in transport safety provision includes the rules of administrative law, administrative relationships and acts of administrative law enforcement. The missions of this mechanism are mainly related to the objectives of the police. The methodology of the study is based on the dialectical method of cognition which provides the perception of legal phenomena in their development and interaction; on the general scientific methods (analysis, synthesis, abstraction, generalization, induction and deduction, analogy), and special scientific methods of study in the field of legal research (the specific sociological method, the system, historical, grammatical, and logical interpretation). The scientific novelty of the research lies in the author's approach to the study of the concept and the content of administrative and legal regulation of the police in the sphere of transport safety, to the study of the police activities in the provision of transport safety, as well as to the opportunities and prospects of use of foreign experience of the police in transport safety provision.

Keywords: regulation, activities, threat, terrorism, administrative, police, security, transport, act, system

DOI: 10.7256/2454-0692.2015.2.66302

Keywords: regulation, activities, threat, terrorism, administrative, police, security, transport, act, system

DOI: 10.7256/2454-0692.2022.6.39432

Abstract: The object of the study is social relations arising on the basis of legal norms regulating administrative responsibility in the commission of several administrative offenses. The subject of the study is: scientific literature, regulatory legal acts and law enforcement practice considering the commission by the same person for the second or more time after bringing to administrative responsibility an intentional administrative offense. The methodological basis of this article is formed by general and particular scientific methods of cognition, including: - dialectical method (when studying the institute of administrative responsibility, establishing links and contradictions of phenomena, implementing their legal assessment); - historical method (in the study of the evolution of the recurrence of administrative offenses, its chronological features and relationships);- interpretation of the norms of law (when studying the norms governing the issues of bringing to administrative responsibility); - system-structural (when studying the conditions and procedure for bringing to responsibility for administrative offenses); - formal legal (when analyzing the norms of administrative law, developing author's conclusions, provisions); - logical (when presenting the research topic and formulating theoretical and practical conclusions), as well as other methods. The scientific novelty of the research is determined by the justified and planned changes in administrative legislation, which determines the relevance of improving the Code of Administrative Offenses of the Russian Federation in terms of regulating issues of administrative responsibility for offenses committed by a person previously subjected to administrative punishment. Based on the analysis of modern administrative delicacy, the author concludes that it is necessary to distinguish a new form of recidivism in the multiplicity of administrative offenses. The social danger of relapse is caused by the greater danger of the act, and at the same time the identity of the perpetrator, the persistence of his antisocial views. The fact that a new intentional offense was committed by a person to whom administrative punishment measures were applied indicates that the previous punishment was insufficiently effective, which should be the basis for imposing a more severe punishment, including the basis for prejudicial elements of crimes.

Keywords: repetition, tort, administrative prejudice, administrative responsibility, crime, administrative offense, recidivism, embezzlement, administrative punishment, legal norm

DOI: 10.7256/2454-0692.2013.2.62478

Abstract: the article studies legal and organizational issues in application of specific knowledge in administrative process and procedure related to the cases of administrative offense.

Keywords: administrative offences, specific knowledge, forensic inquiry, expert, expert opinion.

DOI: 10.7256/2454-0692.2013.2.62479

Abstract: the article studies legal and organizational issues in complaint procedure in the activity of customs bodies, and peculiarities of complaint procedure in the customs sphere. The authors determine place of the customs complaint in the system of the rights protection means of the participants of customs relations.

Keywords: complaint, customs, customs officer, service, defense, procedure, process, stage, participant, body, function.

DOI: 10.7256/2454-0692.2013.2.62480

Abstract: the article exposes essence and notion of the public event in administrative law, it studies the matter of the rally, demonstration, march, picketing.

Keywords: rally, law, march, event, classification, picketing, picketer, freedom, demonstration.

DOI: 10.7256/2454-0692.2013.3.62950

Abstract: The article is devoted to the analysis of the construction of administrative process, which is based upon the generalization of scientific experience. It is noted that currently administrative process is more than just a combination of administrative procedures. It should include both administrative procedures and regulations. The modern administrative process includes administrative jurisdiction process and positive administrative process, which in turn includes various positive procedures (processes) and regulations.

Keywords: process, procedure, regulation, stage, participant, status, jurisdiction, activity, administration, regulation, control, principle.

DOI: 10.7256/2454-0692.2013.3.62951

Abstract: The article concerns legal and organizational bases for the transportation and aviation security, as well as specific features of aviation security. In the conditions of thorough economical reform and changes in geopolitical position, Russia needs a rational state transportation policy, which reflects specific features of transportation and its role in economic and social processes. At the same time due to the inertial character and high capital intensity of transportation system, long periods of construction and reconstruction of the large transportation objects and formation of novel means of transportation, the goals in the sphere of transportation should be considered both for the short term and the long term.

Keywords: transportation, aviation, security, incident, major highway, automobile, control, economics, infrastructure, protected, interference.

DOI: 10.7256/2454-0692.2014.2.11172

DOI: 10.7256/2454-0692.2014.2.64208

Abstract: Evaluation of the nature of the administrative process allows to formulate the following conclusions and to make the propositions for the improvement of administrative legal regulation of the procedural activities of the police. The studies have supported the thesis that according to the scope of procedural relations administrative process is rather broad, and the procedural norms are implemented by a large number of police offi cers, each of whom has his own competence within the relevant sphere of activities. In this sense administrative process is no exception. The relevant type of legal process has some specifi c features, in particular, administrative process infl uences a large scope of social relations in the sphere of public administration by administrative procedural norms via the implementation of positive legal norms within various branches of law. Administrative process also provides the possibilities for the implementation of the administrative coercion measures. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specifi c sociological studies (statistical, expert evaluation, etc.). For the purpose of the improvement of the mechanism for the implementation of administrative procedural norms there is need for the methodological guarantees for a specifi c sphere of activities of the Russian police. In this respect there is need to adopt an order, by which it shall be defi ned which public services are provided by the MIA of Russia to the natural persons and legal entities, the administrative procedures within the sphere of internal affairs should also be listed. Such an approach would facilitate understanding of the nature of the administrative procedural activities implemented by the police.

Keywords: process, proceedings, police, jurisdiction, stage, participant, regulation, infl uence, correlation, coercion.

DOI: 10.7256/2454-0692.2014.2.11765

DOI: 10.7256/2454-0692.2014.2.64209

Abstract: The article is devoted to the studies of the contents, forms and methods of administrative activities of the police. Based upon the general theoretical bases of the administrative activities of the executive bodies and contents of the normative legal acts of the Russian Federation regulating the police activities the author analyzes the place of administrative activities among other spheres of police activities, as well as the structure of administrative police activities, then the author provides a defi nition for the administrative activities of the police. Special attention is paid in the article to the understanding of the administrative acts as a form of administrative activity, as well as to the methods of administrative police activities. The study, which is presented in the article is based upon the studies of the general theoretical bases of administrative legal science, as well as the provisions of the legal acts of the Russian Federation regulating police activities. In the process of preparing the article the author used historical and comparative methods of studies. Scientifi c novelty of the materials presented in the article is due to the defi ning the contents, structure and defi nition of administrative activities of the police, correlation between administrative procedural and administrative jurisdictional activities, clarifi cation of the contents of forms and methods of administrative police activities. The article contains the author’s defi nition of the administrative activities of the police, which includes all the main components and specifi c features of this type of activity.

Keywords: police, administrative, administrative procedure, administrative jurisdiction, activity, administrative function, internal organizational, characteristics, forms, methods.

DOI: 10.7256/2454-0692.2014.2.11921

DOI: 10.7256/2454-0692.2014.2.64210

Abstract: Development of the democratic principles and the institution of the rule of the people takes place in a complicated and contradictory situation. That is why the state needs to take maximum efforts in order to guarantee legal order and protection of the rights of citizens when holding public political events. In the conditions of political instability the separatist and extremism tendencies are growing in Russia. That is why the formation of additional legal and organizational mechanisms for minimizing the defects in the development of the Russian political system is very topical. The right to organize, hold and participate in gatherings, meetings, demonstrations, walks and picketing presents a universal democratic and constitutional value. It allows the citizens and their associations to take part in the political life of the state, to inform government of their needs and to protect their interests within the wide scope of social problems. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specifi c sociological studies (statistical, expert evaluation, etc.). The right to the free peaceful gatherings is a generally recognized democratic value, and it needs special protection, since it allows to form and express opinions and needs of various political forces and social groups forming the necessary prerequisites for the feedback from the people and their associations to the institutions of public government. That is why even taking into consideration the obvious risks involved in the implementation of this right, which become even more possible when the organizers of the public event fail to fulfi ll their duties, and in spite of the preventive needs the state should not introduce sanctions for the harm caused by the participants of the public event, which would obviously make an organizer bear civil law responsibility for acts of other people no matter whether his guilt were involved in causing harm.

Keywords: meetings, walk, police, legal order, policeman, implementation, picketing, coercion, punishment, offence.

DOI: 10.7256/2454-0692.2013.4.63234

Abstract: It should be noted that administrative responsibility for the violations in the sphere of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products has a considerable input in the protection of legal order in the relevant sphere. The type of legal responsibility in question allows to differentiate the influence on the offenders in the sphere of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, including physical persons, officials and legal entities. Additionally, this type of legal responsibility allows the state to prevent and stop the crimes, which may be committed in the alcohol market. Based upon the abovementioned matters, enforcement of administrative responsibility for the violations in the sphere of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products plays an important role in the development of a civilized market of alcohol products and helps to fight excessive consumption of alcohol by the people of our country.

Keywords: principle, procedure, alcohol, spirit, responsibility, turnover, abuse, alcoholic, death, alcoholism, consuming, supervision, poisoning, products, responsibility, regulation.

DOI: 10.7256/2454-0692.2013.4.63235

Abstract: The article contains a study of legal and organizational problems regarding application of the mitigating circumstances within the mechanism of administrative punishments in the activities of the federal executive bodies in general, an of police in particular.

Keywords: jurisdiction, principle, mitigation, responsibility, humanism, production, process, punishment, the Administrative Offences Code, elements, offence.

DOI: 10.7256/2454-0692.2016.3.16690

Abstract: The research subject is the complex study of the practice of consideration of administrative and criminal offences by the European Court of Human Rights in the context of its potential impact on the optimization of the national criminal and administrative punishments. Special attention is paid to the analysis of the possible ways of decriminalization of criminal sanctions in the decisions of the ECHR using the example of the case of Engel, and the necessity to take into consideration the national administrative and criminal law system classifying illegal actions on the base of the principle of their social danger. The research methodology comprises the modern achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), and the comparative method. The author concludes that at present, in order to effectively optimize criminal and legal sanctions in the sphere of finance, it is necessary to apply the complex approach based on the practice of the European Court of Human Rights and the established doctrinal provisions about legal liability in the national system of law. The author offers to use the practice of the European Court of Human Rights, particularly the case of Engel, for improving the system of criminal and administrative sanctions established by the Russian legislation. The study is based on the results of the research funded by the agreement in the sphere of scientific research of the Financial University for 2015; the author uses the ConsultantPlus System.

Keywords: practice , analysis, improvement, precedent , administrative prejudice , economy, fine , sphere, legislation, sanction

DOI: 10.7256/2454-0692.2016.3.67710

Keywords: practice, analysis, improvement, precedent, administrative prejudice, economy, fine, sphere, legislation, sanction

DOI: 10.7256/2454-0692.2015.5.16484

Abstract: The article is aimed at the improvement of the traffic police’s work. The object of the research is automatic photo-video fixation of violations of the rules of the road. The subject of the research is the set of peculiarities of installation and application of stationary and mobile systems of photo- and video fixation by traffic police officers. The authors carry out the analysis of legal bases of use of technical means of rules of the road violation fixation. The authors compare the potential of various modern stationary and mobile complexes, systems and devices for the fixation of violations. This approach helps the authors to develop the methodology of installation and use of such complexes. The novelty of the article consists in generalization and comparison of the main characteristics of stationary and mobile complexes of automatic photo- and video fixation. The authors introduce the innovative methodology of use of automatic video fixation complexes. The proposed approach allows forecasting the need of this or that road network for the automatic photo-video fixation complexes, and increasing the efficiency of their use. The contained information and analytical material corresponds to the recent tendencies and innovations in the sphere of road traffic safety ensuring.

Keywords: Code of Administrative Offences of the Russian Fed, road patrol service, traffic police, use of photo-video fixation complexes, hard and software complexes, mobile control systems, ratemeter, automatic photo-video fixation complexes, vehicle, administrative rules of the Ministry of Internal A

DOI: 10.7256/2454-0692.2015.5.66918

DOI: 10.7256/2454-0692.2016.3.17003

Abstract: The research object is the range of social relations appearing in the sphere of registration of citizens of the Russian Federation. The research subject includes the provisions of the Constitution of the Russian Federation related to the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation and the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation” which, in the author’s opinion, restrict the abovementioned right. The purpose of this article is to define the essence and the social function of registration, to analyze administrative-legal regulation of registration as a government activity aimed at fixation and generalization of notifying information about the citizens for the purpose of ensuring the necessary conditions for exercising of rights and freedoms by the citizens and fulfilling their duties to other citizens, the state and the society, and clarifying the reasonability of registration as a form of the citizens’ constitutional rights to freedom of movement and choice of place of stay and residence restriction. The research methodology is based on the dialectical approach together with the critical analysis of the imperfections of the current legislation in the sphere of registration. Moreover, the author applies the comparative-legal and the formal-logical methods. The scientific novelty of the study consists in the attempt at a complex analysis of the provisions of the current legislation in the sphere of registration. The author concludes that registration in democratic states, which Russia according to its constitution belongs to, shouldn’t be a form of restriction of the right of law-abiding citizens to freedom of movement and choice of place of stay and residence within the country. A notifying character of registration should exclude administrative liability for the absence of registration for law-abiding citizens and at the same time it should oblige the persons of no fixed abode and the persons potentially dangerous for the society and the state to register at their place of stay without any delay. The control over the performance of this obligation should be carried out by the Federal Migration Service bodies and the internal affairs bodies.

Keywords: passport system, freedom of movement, registration system, registration agency, internal migration, place of residence, place of stay, dwelling premise, registration, registration

DOI: 10.7256/2454-0692.2016.3.67711

Keywords: passport system, freedom of movement, registration system, registration agency, internal migration, place of residence, place of stay, dwelling premise, registration, registration

DOI: 10.7256/2454-0692.2016.3.17331

Abstract: The research subject is the system of administrative-legal provisions in the mechanism of legal ensuring of the activities of internal affairs bodies. The research object is social relations. The author considers the issues of juvenile delinquency prevention using the example of internal affairs bodies since the early 20th century. The theoretical importance of the considered problems consists in the specification of certain notions of administrative-legal science which helps to reveal the new elements of organization and legal provision of internal affairs bodies which haven’t been taken into account so far. The author defines the peculiarity of the police’s activities in the mechanism of juvenile delinquency prevention. The research methodology is based on the system, structural-functional and formal-logical methods. The author applies the logical-legal method. The novelty of the study lies in the author’s approach to the study of the means, forms, and limits of administrative-legal characteristic of the internal affairs bodies’ activity aimed at juvenile delinquency prevention. The author proposes a new conclusion about the character of legal prevention of juvenile delinquency by internal affairs bodies, and the impossibility to reduce it to a mere law enforcement meaning.

Keywords: legality, responsibility, offender, commission, subject, juvenile delinquencies, internal affairs bodies, police, society, administrative-legal status

DOI: 10.7256/2454-0692.2016.3.67712

Keywords: legality, responsibility, offender, commission, subject, juvenile delinquencies, internal affairs bodies, police, society, administrative-legal status

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.

Keywords: work, system, auction, liability, purchasing, service, contract, needs, delivery, provision

DOI: 10.7256/2454-0692.2015.5.66919

Keywords: work, system, auction, liability, purchasing, service, contract, needs, delivery, provision

DOI: 10.7256/2454-0692.2016.3.18397

Abstract: Administrative suspension of activity is an effective preventive measure that encourages participants of social relations in their rights and legitimate interests realization to act in a full compliance with the language of law. Administrative offences in the field of construction are quite often punished by administrative suspension of activity. Since suspension of activities in certain cases is preventive in its nature, and therefore can't be qualified as an administrative punishment, it is necessary to consider the conditions, peculiarities and the procedure of imposition of administrative suspension of activity for the offences in the sphere of construction. Such offences, according to the general rule, are considered according to the standard legislative requirements related to the procedure. In order to prevent an administrative offence, identify the offender, draw up a protocol or conduct a trial, provisional measures can be used. Provisional measures as procedural actions, performed by the authorized persons, are actively used when considering administrative offences in the sphere of construction. Provisional measures are targeted, but at the same time they don’t allow for restriction of rights and freedoms of the person and invasion of privacy. The author of the study pays attention to the particular provisional measures used by the authorized agencies in the case of the committed offence, reveals the problems and difficulties of administrative proceedings in the sphere of construction.

Keywords: provisional measures , suspensive veto, administrative suspension of activity, offence, proceedings, authorized agencies, protocol, administrative punishment, construction, administrative coercion

DOI: 10.7256/2454-0692.2016.3.67713

Keywords: provisional measures, suspensive veto, administrative suspension of activity, offence, proceedings, authorized agencies, protocol, administrative punishment, construction, administrative coercion

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.

Keywords: jurisdiction, stage, procedure, regulations, proceedings, police, process, right, impact, activities

DOI: 10.7256/2454-0692.2015.5.66920

Keywords: jurisdiction, stage, procedure, regulations, proceedings, police, process, right, impact, activities

DOI: 10.7256/2454-0692.2014.4.11794

DOI: 10.7256/2454-0692.2014.4.65326

Abstract: The object of studies involves seizure of driver’s license as a guarantee of imp lementation of the decision on disqualification from driving vehicles, grounds and procedure for application of this type of procedural guarantee in an administrative offence cases, seizure of driver’s license or tractor driver’s license as a consequence of deprivation of a driver from driving vehicles, procedure for bringing persons avoiding giving in their driver’s license to administrative responsibility, procedure for the seizure and the means of registering the moment for giving in the driver’s license. The method of studies involved analysis of the situation regarding road accidents in Russia, studies of the current administrative legislation on guarantees in administrative offence cases via seizure of documents having value for a case. Scientific novelty of the article is due to the fact that the author offers the officials of internal affairs bodies to seize driver’s licenses at the stage of initiation of administrative offence cases involving possible punishment in form of loss of right to drive vehicles. The author also offers to introduce administrative responsibility in cases when a person avoids performance of an obligation to give in his driver’s license to the officials of internal affairs bodies via the Act of Seizure. The author also offers to amend the procedure for deprivation of a right to drive vehicles, providing for seizure of a driver’s license as a consequence.

Keywords: deprivation, decision, implementation, responsibility, grounds, procedure, license, seizure, right, driving vehicles.

DOI: 10.7256/2454-0692.2014.4.12644

DOI: 10.7256/2454-0692.2014.4.65327

Abstract: The changes of the last decade in social, economic and political spheres made the issues of strengthening lawfulness and legal order, protecting persons, society and state especially topical. However, as the practice has shown, the goals and principles of rule-of-law state did not yet become a reality. Moreover, currently the state is not capable of reliably protecting life, health and dignity of a person, guaranteeing strict compliance with legislation and its due implementation, the state fails to duly fight various offences, which serve as the nutrient medium for the criminal encroachments. It may be proven by the tendency for the growing number of administrative offences. That is why, it is important to form a balanced and substantiated policy on administrative punishments, being a significant part of the protective policy of the state and having an influence upon a wide range of social relations. The methodology of the article involves provisions of general scientific dialectic cognition method. Additionally, the author used specific scientific and legal methods: historical, comparative legal, logical legal, systemic structural, formal logical, and document analysis. Use of other disciplines in addition to legal ones allowed the author to avoid an overly narrow approach to the relevant issue. Resolving these problems is closely connected with the improvement of the organization of proceedings on administrative offences cases in the internal affairs bodies, since upon the initiative of these bodies tens of millions of people are brought to administrative responsibility. In addition, a comprehensive study of organization and implementation of proceedings on administrative offences cases in internal affairs bodies is topical due to the ongoing drafting of a new Administrative Offences Code of the Russian Federation, which shall take a significant place within the legislative practice of the internal affairs bodies.

Keywords: police, policeman, coercion, form, process, act, implementation of law, control, influence, status.

DOI: 10.7256/2454-0692.2016.4.16831

Abstract: The research subject is the range of issues of the procedural involvement of a specialist into administrative proceedings. The authors analyze the legal framework of a specialist involvement. The paper demonstrates the authors’ opinions on the competent persons, responsible for involving a specialist in the stages of administrative proceedings. The authors point out two types of specialists – included and invited – and the possibilities of their involvement. The study substantiates the responsibility of a specialist for absence and considers the way of inviting a specialist to administrative proceedings. The research methodology is based on the practical achievements of epistemology. The methodology includes general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and observation) and traditional methods of jurisprudence (formal logical). The results of the study are reflected in the conclusions about a comprehensive list of competent persons responsible for inviting a specialist in the stages of administrative proceedings; about amending the Administrative Procedure Code with the provisions about the responsibility of a specialist for absence without valid excuse upon the invitation of the court, the organization or the official; about the ways of a specialist involvement. The results of the research can be used by police officers of the Russian Federation. The scientific novelty of the study consists in the substantiation of a possibility to involve a specialist, in the proposals for amending the Administrative Procedure code with the provisions about the responsibility of an involved specialist for absence without a valid excuse and about the ways to invite a specialist.

Keywords: officials, specialist involvement, right to invite a specialist, involvement of a specialist, specialist, parties of the proceedings , stages of the proceedings, proceedings, administrative jurisdiction, administrative offences

DOI: 10.7256/2454-0692.2016.4.67967

Keywords: officials, specialist involvement, right to invite a specialist, involvement of a specialist, specialist, parties of the proceedings, stages of the proceedings, proceedings, administrative jurisdiction, administrative offences

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.

Keywords: composition, the offence, responsibility, the contract, purchase, the state, needs, auction, the competition, work

DOI: 10.7256/2454-0692.2015.6.67199

Keywords: auction, needs, state, purchase, contract, liability, offence, composition, competition, work

DOI: 10.7256/2454-0692.2013.6.10433

DOI: 10.7256/2454-0692.2013.6.63563

Abstract: The studies of administrative procedural position of the participants of the administrative offence proceedings are quite topical. It is due to a number of factors, one of which concerns the fact that “legal position of the subject of law” is one of the key elements characterizing legal institutions. Additionally, the development of the Russian legislation on administrative offences had its share of difficulties and contradictions. Due to the abovementioned issues the studies the administrative procedural positions of the participants of the administrative offence proceedings may help us to uncover the contradictions in the Administrative Offences Code of the Russian Federation, precluding achievement of goals of the proceedings on the administrative offences goals. All of the above and a number of other circumstances require that the administrative law provisions on the status of participants of administrative offence proceedings are amended. The complex evaluation of the administrative procedural position of participants of administrative offence proceedings was not previously performed. This material may be of help for in-depth understanding of administrative legal position of the participants of administrative offence proceedings, as well as for the improvement of administrative jurisdictional activities of the internal affairs bodies. The legal position of the participants of administrative offence proceedings is also reflected in the current legislation. Their legal statuses define the interactions between the participants of administrative offence proceedings and the state. Before evaluating the definition and legal nature of the status of participants of administrative offence proceedings , it is necessary to establish the elements of the key categories, such as legal position and legal status.

Keywords: participant, status, proceedings, control, regulation, position, obligation, process, rights, implementation.

DOI: 10.7256/2454-0692.2014.5.12984

DOI: 10.7256/2454-0692.2014.5.65525

Abstract: The article concerns grounds for the administrative responsibility. The author discusses the specific features of administrative offences, its elements, and makes a conclusion, that definition of an administrative offence according to the Administrative Offences Code of the Russian Federation should be amended to include public danger. It is noted in the article that the natural element of any administrative offence is its public danger. Administrative offences in the sphere of public events are not homogenous by their nature. The methodological basis for the article was formed with the modern achievements of the cognition theory. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). This matter has to do with the fact that an administrative offence is behavior, which is prohibited by the norms of administrative law, that is, it contradicts the prescriptions of administrative law. If public danger is an objectively present quality of certain acts, the legislator provides for their unlawfulness in the norms prohibiting such acts. Public danger of an act does not necessarily mean that it is always unlawful, since sometimes the legislators fail to react to the presence of acts dangerous for the public by establishing its prohibition in the timely fashion.

Keywords: police, process, grounds, sanctions, stage, proceedings, administrative, elements, characteristic feature, punishment.

DOI: 10.7256/2454-0692.2014.6.13315

DOI: 10.7256/2454-0692.2014.6.65941

Abstract: The maintenance of the appropriate level of public order provides the favorable conditions for the people’s lives, the maintenance of rights and interests of the citizens, and the economic activity realization. Thus every state is interested in public order protection, since the socio-economic development and the prosperity are impossible without it. The state involves different services in public order protection process; the special role is given to the Internal Affairs bodies, which possess the necessary range of administrative and legal tools for public order provision. The article researches the executive (the basic) stage of public order and security provision by the police during the public events, which starts with the police and the internal troops of the Ministry of Internal Affairs of the Russian Federation arrival to the place of the public event. The methodology of the research is based on the dialectical method and the system approach to the study of the legal phenomena. The author uses the methods of synthesis, modeling, prediction, the comparative legal method, the formal logical method, the specific historical method, the sociological and other general and specific methods of scientific cognition, which facilitate the realization of the cognitive interest and the achievement of the scientific goal. The theoretical importance of this research consists of the broadening of the ideas about the tactics and the theories of the tactical activity of the Internal Affairs bodies in the provision of public order during the political public events. The practical importance consists of the opportunity of using the research materials in the education of the Internal Affairs bodies’ personnel. In the article annex there is a modeled pattern of the plan-calculation of the police details arrangement for the provision of public order during a mass sport event.

Keywords: Provision of security, strategical headquarters, plan-calculation, details of police, code of conduct observance, police forces management, police, mass event, law and order

DOI: 10.7256/2454-0692.2014.6.13827

DOI: 10.7256/2454-0692.2014.6.65942

Abstract: The article considers the administrative and legal status of foreign nationals and stateless persons as the road traffic participants in the sphere of transport security. It analyzes the norms, determining their access to vehicles driving on the territory of the Russian Federation; the norms, prescribing the order of foreign nationals work as drivers; the police officers rules of procedure concerning the order of submission to and consideration by the Ministry of Internal Affairs and its territorial branches of the materials for the decision about the undesirability of residence of a foreign national or a stateless person on the territory of the Russian Federation. The author studies the Russian legislation in the sphere of transport security: the issues of foreign nationals and stateless persons access to vehicles driving. The enhancement of the administrative and legal status of the road traffic participants positively affects the state policy in the sphere of security provision, including its authority as a legal state on the international arena; it also gives the real opportunity to decrease the amount of the rules of the road violation, and to decrease the amount of traffic accidents with foreign nationals and stateless persons.

Keywords: administrative and legal status, transport security, road traffi c security, road traffi c participants, foreign nationals, stateless persons, drivers-foreigners, international driving license, undesirable residence.

DOI: 10.7256/2454-0692.2016.6.18102

Abstract: The research object includes social relations, emerging in the process of implementation of its jurisdictional powers by the State Traffic Safety Inspectorate for ensuring the rules of the road observance and prevention of their violation caused by dangerous driving. The research subject includes the tasks and functions of the State Traffic Safety Inspectorate in road safety ensuring and dangerous driving prevention; the statutory instruments, regulating the powers and administrative and jurisdictional activities of the State Traffic Safety Inspectorate. The research methodology is based on the system approach and the related general and specific research methods (historical, comparative-legal, formal-logical) and the methods of sociological studies (statistical, expert assessment, documents analysis). The author proposes the point-based system of offences registration for the detection of dangerous drivers and the implementation of principles of jurisprudence – unavoidability of responsibility and individualization of punishment in each particular case of the rules of the road violation by drivers.

Keywords: administrative punishment system, suspension of a driving licence , penalty point, driver, road traffic accidents, motor vehicle driving, rules of the road, dangerous drivers registration, road accident, road traffic safety

DOI: 10.7256/2454-0692.2016.6.68432