DOI: 10.7256/2306-9945.2023.2.39725

EDN: IEOEAL

Abstract: The subject of the study is the relationship between the rights and obligations of participants in foreign economic activity and customs authorities, namely, the implementation of the principle of "mirror reflection" in the complex formation of rights and obligations. The purpose of the study is to search for gaps in customs legislation that do not directly link the rights and obligations of customs subjects, as well as to develop recommendations for its amendment. The methodological basis of the study was a comparative analysis of the rights and obligations of customs authorities and their officials with the rights and obligations of participants in foreign economic activity, in particular, declarants, persons subject to customs inspection, and other participants. The novelty of the research lies in the formation and justification of the principle of "mirror reflection" when introducing the rights and obligations of the main counterparties in customs. The study revealed a discrepancy between the rights and obligations of the parties, both in the context of the relations "customs authorities – participants in foreign economic activity", and when comparing the rights and obligations of each of the parties. It was also shown that they are not presented systematically and in full in regulatory legal acts, and their implementation is hindered by the lack of an effective mechanism. The results of the study can be used by the legislative power of the country to amend customs legislation and customs authorities to regulate relations with participants in foreign economic activity. The article develops recommendations for improving the legal basis of relations for customs entities, in particular, it is proposed to bring the rights and obligations of the parties into full compliance, as well as to justify the mechanism of their action within each right and obligation.

DOI: 10.7256/2306-9945.2023.2.38183

EDN: CNCYGI

Abstract: The object of the study is a set of legal relations that develop in the process of carrying out licensing activities in the field of production and turnover of alcoholic and alcohol-containing products, which continues to be one of the most criminalized areas of the Russian economy, the high proportion of licensing regulation of which is due to stable profitability and turnover of goods, the presence of stable demand, as well as risks associated with damage to life or health citizens, the influence of alcoholization of the population on the demographic situation in the country, its close relationship with crime. The author examines in detail the features of the permissive impact on the regulated industry, paying attention to its legal basis and content, the main problems and areas of improvement, which is covered by the subject of this work. The novelty is distinguished by the author's position, which explains the specifics of the administrative and legal regime of the turnover of alcoholic and alcohol-containing products in the context of a combination of various forms of licensing activities affecting economic entities – first of all, we are talking about licensing. The progressive complication of the public-legal elements of alcohol market regulation aimed at protecting common (public) interests, which do not exclude fiscal interest, is carried out in the direction of detailing the order of turnover of such products and the conditions of licensees' activities. The author notes the undeniably positive impact on the state of legality in the implementation of licensing activities in the sphere of turnover of ethyl alcohol, alcoholic and alcohol-containing products of the tendency to improve its legal framework, unification and centralization of legal regulation. At the same time, some of its shortcomings have been identified, reflecting the peculiarities of licensing activities for the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products based on the norms of a special law.

DOI: 10.7256/2306-9945.2023.2.39847

EDN: JNNXVC

Abstract: 2022 has become a defining period for fundamental changes in the legislation of our country. It became not only an impetus for global reform, but also fully determined the main stages of the forthcoming work to reshape the country's regulatory system as a whole. The special military operation gave a premature impetus to the final understanding of the most important and priority areas of our country's life. One of these areas, of course, is the transport sector. First of all, the life and health of people, the safety of property and safety for the environment depend on full transparency in this area. Our article is intended to identify the key problems of regulatory legal regulation of the state registration of vehicles (self-propelled vehicles) in the Russian Federation and offer their solution. The relevance of our topic is related to the strengthening of state control over the processes associated with the use of vehicles or self-propelled vehicles by citizens for personal, industrial, agricultural and other purposes.The main objective of our article is to make a proposal for a radical change in the regulatory legal approach to actions related to state registration by the authorized bodies of the Russian Federation of vehicles and self-propelled vehicles.The uniqueness of the work and its scientific novelty lies in the fact that the problems identified by us in the field of state registration of vehicles and self-propelled machines are proposed for the first time to be solved by amending the whole complex of regulatory legal acts of the Russian Federation, as well as by changing the already established procedural principles of the work of registration authorities.

DOI: 10.7256/2306-9945.2023.2.39938

EDN: EFVTPO

Abstract: Within the framework of this article, a comparative analysis of existing approaches to the implementation of technical regulation of artificial intelligence in the public law of Russia and foreign countries is carried out. As part of the comparative analysis, the basic problems in the field of proper technical and public regulation of artificial intelligence in the world practice are identified, the practice of technical regulation in Russia is considered separately, and possible compensatory legal measures are proposed to ensure transparent and proper practice of technical regulation of artificial intelligence in the field of public administration in Russia. The subject of the study is the legal relations of public authorities in the field of technical regulation in relation to artificial intelligence. The object of the study is the regulatory documents, recommendations and other documents regulating the implementation of the autonomy of artificial intelligence for the purposes of public legal relations in Russia and foreign countries, academic publications and analytical reports on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the problems of ensuring the proper quality of technical regulation of artificial intelligence through the prism of the actions of standardization bodies and other public authorities. The considered typical situations, the current practice of technical regulation of artificial intelligence, as well as the methods proposed by the author can be reflected in the legislative and law enforcement practice of relevant authorities responsible both for technical regulation and for ensuring the integration of this technology into the sphere of public legal relations.