DOI: 10.25136/2409-7810.2022.4.39449

EDN: OQNUBN

Abstract: The article examines the essence of administrative-procedural coercion measures and how attention is drawn to the institution of administrative coercion, the definition of administrative-procedural coercion measures in its content. The paper concludes that procedural measures did not immediately appear in the construction of administrative coercion, this was due to the development of legislation on administrative responsibility, as well as legal doctrine. The problem of administrative coercion has been the subject of scientific attention for a long time. At one time, the research of the institute of administrative coercion even had a pro-Western character, where this coercion was used very widely. The author concludes that administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings on administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. The author notes that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion. Administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings in cases of administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. It should be noted that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion.

DOI: 10.25136/2409-7810.2022.4.38924

EDN: RLCKHM

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

DOI: 10.25136/2409-7810.2022.4.39502

EDN: OVGAZU

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

DOI: 10.25136/2409-7810.2022.4.39522

EDN: OVLUKF

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

DOI: 10.25136/2409-7810.2022.4.39286

EDN: RTQSAD

Abstract: Taking into account the importance for the criminal case of such an investigative action as a protocol for examining the scene and the significant difficulties that investigators (interrogators) experience during the investigation of illegal extraction (catch) of aquatic biological resources, the author analyzed the most common mistakes in drawing up a protocol for examining the scene. Based on the results of this analysis, it is proposed to systematize errors by classifying both by subject matter and by the object of study in which the error was made. In addition, it is proposed to separately group formal errors in the preparation of a protocol for examining the scene of an incident, made by the preliminary investigation bodies in criminal cases on illegal extraction (catch) of aquatic biological resources.