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NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue № 02/2021
Contents of Issue № 02/2021
Theory and science of administrative and municipal law
Zeinalov F.N., Mikhaleva I.S. - On the conflict of law in legislative provisions pertaining to the admission of citizens to operating the vehicles pp. 1-11

DOI:
10.7256/2306-9945.2021.2.35627

Abstract: The object of this research is the system of public legal relations in the sphere of ensuring road safety. The subject of this research is the legal norms that regulate the admission of citizens to operating the vehicles. The goal consists in analyzing the normative legal framework that regulate learner-driving, administration of driving tests for the right to operate a vehicle, as well as legal status of road users during the driving test. Research methodology is based on the fundamental provisions of the theory of law; generalization of practical experience; application of logical, monographic, and systemic analysis. The acquired results can be used in legislative activity of government bodies, law enforcement practice, educational process, scientific research on ensuring road safety, improvement of the branches of the Russian legal system. The novelty of this article is defined by practical and scientific significance of the problems of law enforcement agencies in the sphere of road safety, as well as the need for improving the legal framework that regulate the authority of police departments of the Russian Federation . The authors propose to discern between learner-driving and driving tests in the conditions of road traffic in the federal legislation and bylaws; establish the legal status of the exam administrator and the procedure of administering driving test; as well as specify responsibility of the indicated parties. Recommendations are made for improving the algorithm of administering driving test, and consolidation of definitions “driver candidate”, “driving test”, “exam administrator”.
Batenov F.K. - Recommendations for improving the effectiveness of measures of administrative responsibility of legal entities and officials in the sphere of road traffic pp. 12-17

DOI:
10.7256/2306-9945.2021.2.36338

Abstract: The object of this research is the system of public legal relations in the area ensuring road safety. The subject of this research is the legal norms that regulate the measures of administrative responsibility of legal entities and officials in the sphere of road traffic. The goal lies in examination of the normative legal framework that regulates the measures of administrative responsibility of legal entities and officials in the area of road traffic, as well as in formulation of recommendations for improving their effectiveness. Research methodology relies on the fundamental provisions of the theory of law; general scientific methods of analysis, synthesis, and deduction; special scientific methods, such as formal-legal and comparative legal. The novelty of this article consists in the development of specific recommendations for enhancing the measures of administrative responsibility of legal entities and officials in the area of road traffic: escalation of the measures of administrative liability set by the Article 12.32 of the Code of Administrative Offences of the Russian Federation for legal entities that conclude contracts with medical institutions; extension of the principle of responsibility of legal the entity for unlawful actions of their employees and to other administrative offenses of the Chapter 12 of the Code of Administrative Offences of the Russian Federation; extension of the content of the Code of Administrative Offences of the Russian Federation by the articles establishing administrative responsibility of legal entities and officials for administrative offenses associated with operation of highly or fully automated vehicles.
Issues of administrative and municipal legal relationship
Bylinin I.A. - On the oversight activity with regards to carpooling and exercising federal state supervision in the area of road safety to its participants pp. 18-25

DOI:
10.7256/2306-9945.2021.2.35692

Abstract: The subject of this research is the normative legal acts that regulate responsibility for nonobservance of mandatory requirements on ensuring road safety in the context of using online services for joint trips (carpooling), law enforcement practice, and consideration of the author’s perspective on the improvement of carpooling. The object of this research is the public relations that emerge while using online services for joint trips that involve personal vehicles with partial compensation for driver’s expenses (carpooling). The goal of this article is to improve legislation in the area of state oversight over the activity of individuals operating vehicle for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or a charter contract. The scientific novelty lies in proposing amendments to the current legislation in the sphere of exercising state supervision of ensuring road safety and interpretation of the Article 20 of the Federal Law No.196-FZ “On The Road Safety” in a new revision. The introduced changes would allow state supervision of the individuals operating vehicles for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or charter contract. The adopted measures may contribute to elimination of factors that lead to commission of administrative offenses.
Executive authorities and the civil society
Maistrenko G.A. - Ensuring national security: political-legal aspects pp. 26-41

DOI:
10.7256/2306-9945.2021.2.34776

Abstract: National security issues are crucial, multifaceted, and integral phenomena of social and political life of the country. This article explores the normative legal framework that regulates this sphere of social relations. The article presents an analysis of the features of legal support for national security as a problem of stabilizing society. Analysis is conducted on the peculiarities of legal support of national security as the problem of stabilization of society. The author notes that the national security policy, first and foremost should be aimed at ensuring geopolitical interests of the Russian Federation, its sovereignty, political stability, and progressive socioeconomic development. Research methodology employs complex and systemic approaches; systemic, functional, historical general scientific methods; analysis and synthesis as private scientific methods; formal-legal analysis of normative legal acts; and comparative legal method. It is claimed that in the sphere of domestic policy, the key prerequisite for achieving the protection of national interests should consists in unification of the nation in order to solve spiritual, cultural and material tasks due to the overall sustainability and consent in the country, nonviolent resolution of domestic social conflicts; while in the sphere of foreign policy – planning and implementation of foreign policy actions from the perspective of ensuring national interests. The author gives practical recommendations for further improvement of national security system of the Russian Federation.
Administrative law, municipal law and the issues of informatization
Iakovlev-Chernyshev V.A. - Digitalization of state administration in the Russian Federation: advantages and risks pp. 42-51

DOI:
10.7256/2306-9945.2021.2.36011

Abstract: The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.
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