NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue 01/2021
Contents of Issue 01/2021
Law-enforcement legislation
Maistrenko G.A. - To the question of the concept of operational situation (on the example of the penal system facilities) pp. 1-8

DOI:
10.7256/2306-9945.2021.1.33426

Abstract: This article is dedicated to the questions of coordination of the activity of operational units aimed at prevention of complications of operational situation in correctional facilities. The author describes the operational situation in correctional facilities as the combination of interconnected objective factors (conditions) of the functional environment of correctional facilities, which are considered during planning, organization and implementation of crime prevention measures. In the context of ensuring security in the correctional facilities, the author characterizes the concept of “operational situation”, leaning on opinions of researchers on this subject to give a fuller definition to this concept. The article employs works of the Russian legal experts. Normative legal framework that regulates the indicated sphere is provided. The author underlines the need for further improvement of informational and analytical activity on the evaluation of operational situation in penitentiaries; determines the factors that negatively affect the operational situation in penitentiaries. Analysis is conducted on the data received from sociological survey of the correctional officers. It is stated that the presence of valid information that would characterize the state of operational situation in a correctional facility aids in achieving the goals of the penal process.
Question at hand
Moreeva S., Manin I. - Spiritual-ethical upbringing of Russian citizens in the federal documents of strategic planning as the focus of national security pp. 9-24

DOI:
10.7256/2306-9945.2021.1.34934

Abstract: The subject of this research primarily consists of documents of strategic planning of the Russian Federation. The object is the public relations in the area of ensuring national security, as well as reconstruction of cultural identity of the members of the Russian society within the framework of the legal field. The author raise the issue of legislative regulation of the government administration in spiritual-ethical area, pointing out the uncertainty of goal-setting and conceptual apparatus of the corresponding directives. The article elucidated relevant issues of national security and offers solutions in the information, education, and cultural spheres. The scientific novelty consists in the proposals on development and clarification of the conceptual apparatus of the normative legal framework of ensuring national security. This research is relevant due to articulation of the problem of foreign and criminal ideological influence upon the minds of current and future generations, as well as proposal on compensation of antisocial propaganda. The authors’ positions are aimed at protection of the foundations of Russian constitutional structure, ideological countermeasures to terrorism and extremism, preservation of unity of the multinational composition of the Russian Federation through formation of the cultural identity of the citizens, favorable spiritual-ethical environment, and preservation of Russian statehood. Indicating the positions of the President of the Russian Federation on the subject matter, the authors point to his political will to maintain a traditional society, which is based on historically formed morality.
Theory and science of administrative and municipal law
Lipinsky D.A., Makareiko N.V., Popov I.E. - Legal liability in the mechanism of countering current threats to national security: a novel coronavirus infection pp. 25-35

DOI:
10.7256/2306-9945.2021.1.35424

Abstract:  The object of this research is the legal liability relations aimed at countering current threat to national security in form of coronavirus infection. The authors review the amendments introduced to the legislation on administrative offenses and criminal legislation, which establish liability in the area of ensuring sanitary and epidemiological wellbeing of the population. Emphasis is placed on the fact that it resulted in a number of legal conflicts that have not been overcome through the ruling of the Supreme Court of the Russian Federation and require legislative resolution. The article examines the practice of implementation of administrative enforcement measures in countering coronavirus infection, as well as the resulting competition for administrative, preventive, procedural, liability and protection measures. It is indicated that the high dynamics of threats to national security justifies the need for the development and legislative consolidation of the effective mechanism that would ensure national security. In this mechanism, a significant role is played by legal liability capacity, primarily such public law types as administrative and criminal liability. The research reveals that the rapid response of the legislator to the threat to national security in form of a novel coronavirus infection via reforming the institutions of administrative and criminal liability generated certain conflicts. They have not been resolved through the ruling of the Supreme Court of the Russian Federation and require additional legislative attention. The authors substantiate that by acknowledging the role and importance of administrative and criminal liability within the mechanism of ensuring national security, it should be taken into account that they are means of post-unlawful response of the government. Therefore, it is necessary to enhance the measures aimed at preventing and countering threats to national security, including those caused by coronavirus pandemic.  
Administrative law, municipal law and security
Mikhaleva I.S., Sergunova A.S. - The subject of liability in road traffic accident involving a highly or fully automated vehicle pp. 36-47

DOI:
10.7256/2306-9945.2021.1.35493

Abstract: The object of this research is the system of socio-legal relations in the sphere of ensuring road traffic safety. The subject of this research is the legal norms that regulate the administrative-legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The goal of this article consists in the analysis of the normative framework that regulates operation of automated vehicle on the road, as well as the administrative-legal status of the driver of such vehicle. Analysis is conducted on the foreign experience, federal legislation, bylaws and departmental acts pertaining to consolidation of the the legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The novelty of this work is defined by practical and scientific relevance of the problems of the activity of law enforcement agencies in the area of ensuring road traffic safety, as well as the need for improving the legal framework that regulates the authority of the Russian police. The acquired results can be used in legislative activity of the government branches, activity of the law enforcement agencies, educational institutions, scientific research of the experts dealing with the problems of ensuring road traffic safety, improvement of the branches of Russian legal system.
Administrative process and procedure
Nesterova A.V. - The principle of reciprocity in international cooperation in cases of administrative offences pp. 48-58

DOI:
10.7256/2306-9945.2021.1.35465

Abstract: The subject of this research is the principle of reciprocity. This principle is perhaps one of the first principles of international law that remains unchanged up until today. The scientific literature studies the essence of the principle of reciprocity in correlation with one or another institution (legal aid in criminal cases, legal aid in cases of administrative offenses, recognition of foreign bankruptcy, enforcement of the decisions of foreign courts, etc.), as an element of private or public international law. The principle of reciprocity also characterizes the process of interaction between the legal subjects. In the Russian legislation, the principle of reciprocity is implemented for regulation of international cooperation in civil, criminal, and administrative cases. The author’s special contribution consists in determination of certain essential characteristics of the principle of reciprocity and its role within the system of principles of administrative law of the Russian Federation; as well as in examination of the practice of its application. The principle of reciprocity is identified with certain imperative rules or universal behavioral norms. In the international law, the principle of reciprocity correlates with such concepts as “jus cogens” or “peremptory norms”, as well as “comitas gentium”. Among the principles of administrative law of the Russian Federation , it can be attributed to the procedural principles in cases of administrative offenses. The analysis of case law demonstrates that application of the principle of reciprocity expands the opportunities for international cooperation in different spheres, namely in the absence of normative regulation or restrictions thereof.
Public service, municipal service and issues in the fight against corruption
Sabinin A.A. - On the possibility of acquisition of income in form of donations by internal affairs officers through online electronic resources pp. 59-68

DOI:
10.7256/2306-9945.2021.1.35369

Abstract: The object of this research is the system of social relations in the sphere of posting information on the Internet. The subject of this research is the social relations that arise in the context when the internal affairs officer gets paid for posting Internet content. The goal of this work is determine the legitimacy of receiving a monetary reward by the internal affairs officer for posting information on the Internet. The author examines the concept of “donation” and its legal nature, correlated the acquisition of such income and administrative-legal prohibitions imposed on the internal affairs officer. The conclusion is made on the possibility of manifestations of corruption if an employee of the internal affairs bodies receives donations on the Internet. A solution is offered on the improvement of the legal mechanism of such social relations from the perspective of anti-corruption legislation. The novelty of this work is defined by need to improve the legal mechanism for regulating these social relations, as well as in limited number of scientific publications on the topic. The conclusion is made that a volunteer transfer of funds from one Internet user (private entity) to another (private entity), a gratitude for posted information, or for the purpose of development and improvement of activity of the author of the Internet content by online means, should be regarded as donation agreement. The acquisition of income by the internal affairs officer in form of donation for posting information on the Internet that is not related to his official duties is admissible, however contains significant corruption risks. It is essential to revise the normative legal acts with regards to corruption standards of the internal affairs officer for improving the effectiveness of legislation in the sphere of corruption prevention.
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