NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Contents of Issue 03/2023
Contents of Issue 03/2023
Theory and science of administrative and municipal law
Palatin A. - Practical proposals for improving the legal mechanism of rehabilitation in case of illegal administrative prosecution. pp. 1-22

DOI:
10.7256/2306-9945.2023.3.43760

EDN: VLRYIP

Abstract: This article explores ways to improve the institute of rehabilitation of individuals and legal entities illegally brought to administrative responsibility in Russian administrative law. The substantiation is given that the institute of administrative and legal rehabilitation consists of a set of actions aimed at making a decision on the termination of administrative prosecution on rehabilitating grounds, restoring an innocent person in violated rights and compensation for the harm caused. Based on the analysis of practical proposals put forward by scientists, the necessity is substantiated and ways of implementing legal regulation of administrative and legal rehabilitation using public and civil law mechanisms are proposed. The main conclusions of the study are that the right guaranteed by Article 53 of the Constitution of the Russian Federation to everyone to compensation by the state for damage caused by illegal actions (or inaction) of public authorities or their officials should be reflected in the sectoral (administrative) legislation. For the development of the institute of rehabilitation, it is important to use the experience of countries that recognize in national administrative legislation the right to rehabilitation and compensation for damage caused to an individual or legal entity by illegal actions of the authorities of jurisdiction. Such experience is important for the development of the institute of rehabilitation in the Russian administrative legislation. The introduction of the institute of rehabilitation into the Russian administrative legislation will not only ensure the rights guaranteed by the Constitution of the Russian Federation, but also improve the quality of the administrative process (in terms of proceedings on administrative offenses).
Liability in administrative and municipal law
Sidorov E.T. - Problems of Qualification of an Administrative Offense Provided by part 1 of Article 20.20. of the Code of the Russian Federation on Administrative Offenses pp. 23-32

DOI:
10.7256/2306-9945.2023.3.39626

EDN: XCFOLK

Abstract: The object of the study is the public relations arising between a police officer and a person brought to administrative responsibility for committing an administrative offense provided for in part 1 of Article 20.20 of the Code of Administrative Offenses of the Russian Federation. The subject of the study was the legal norms contained in Part 1 of Article 20.20 of the Code of Administrative Offences of the Russian Federation. The proposed article analyzes the composition of an administrative offense provided for in part 1 of Article 20.20. of the Code of the Russian Federation on Administrative Offenses and law enforcement practice in cases of this category. The purpose of the work was to formulate, based on the analysis of theoretical provisions and law enforcement practice, proposals and recommendations for improving police activities in the qualification of an administrative offense provided for in part 1 of Article 20.20 of the Code of Administrative Offenses of the Russian Federation.
Administrative law, municipal law and issues in education
Druzhinin A. - Administrative responsibility based on the results of federal state control (supervision) in the field of education: maintaining a balance of interests in the light of current legislation. pp. 33-44

DOI:
10.7256/2306-9945.2023.3.43444

EDN: VKLYYR

Abstract: The subject of this article is the features of administrative responsibility arising on the basis of administrative offenses in the field of education in the light of the reform of control and supervision activities. Taking into account the division of powers in the sphere of control between the federal executive authorities and the entities exercising the delegated powers, the author specifies the area of research with legal relations arising in the framework of the implementation of higher education programs. To substantiate the theses, the author analyzes the novelties of the legislation, as well as a generalization of the law enforcement practice of the federal service for supervision in the field of education and science for 5 years in order to identify the regulatory effect that followed the results of the reform of control and supervision activities in the Russian Federation. Thus, in addition to the totality of general scientific methods, the author uses special legal methods, including formal legal, technical and legal analysis. The main findings of the study can be considered the establishment of the fact that, despite the introduced moratorium on scheduled inspections of legal entities from 2022, the reform of control and supervisory activities has reduced the number of detected offenses due to the introduction of a risk-based approach to supervised entities, however, assessing the effectiveness of preventing offenses on difficult at the moment. The conducted research is relevant due to the small number of studies analyzing the results of the reform of control and supervision activities for administrative and legal relations arising from the results of control and supervision activities in an industry context. The results of the study can be useful for organizations engaged in educational activities as an acquaintance with current trends in administrative and legal liability for violation of the mandatory requirements established for the implementation of educational programs of higher education at different levels.
Public law: New challenges and realities
Paschenko I.Y. - Counter-sanctions information and restriction of information dissemination in the context of sanctions pressure on the Russian Federation pp. 45-54

DOI:
10.7256/2306-9945.2023.3.43820

EDN: VKMARZ

Abstract: The article examines countersanction information - a new category or type of information for domestic information and legal regulation. The concept of "counter-sanction information" appeared in the legislation in connection with the increased sanctions pressure of foreign states on the Russian Federation at the beginning of 2022. Regulation of the procedure for the dissemination of such information is designed to reduce the risks of taking restrictive measures against Russian legal entities and individuals who are participants in foreign economic activity. The author examines these norms on information, in particular the definition, analyzes the restrictions arising from the recognition of information as counter-sanctioned, the circumstances associated with the onset of legal liability. In the course of the research, scientific methods were used: analysis, generalization, comparison, modeling. The use of the formal legal method and systematic interpretation allowed us to form an idea of the counter-sanction information. The problem under consideration has not been practically investigated in Russian science. It is assumed that the legislator formulates a new special legal regime of information in the context of the development of counter-sanctions regulation, ensuring the protection of private and public interests. At the same time, the risks that have arisen in the activities of entities that freely disseminate information, including mass information, are analyzed. As a result of the conducted research, the conclusion is formulated that under the conditions of sanctions, freedom of information is reduced, and the volume of information previously open and accessible to an unlimited number of people may gradually decrease due to the development of counter-sanctions regulation.
Issue of the day
Stepanov K.A., Grigor'ev I.V., Denisov S.Y. - On some theoretical problems of the Modern notary in the Russian Federation: public law aspect pp. 55-66

DOI:
10.7256/2306-9945.2023.3.43815

EDN: VKOXTT

Abstract: The paper presents an analysis of problematic aspects of the organization and activities of the notary in the Russian Federation. The authors conduct a study of the problem of legislative regulation of the notary's activity in the Russian Federation, consider the question of the legal nature and nature of the notary and notarial activity, as well as some problems of the conceptual apparatus of the legislation on the notary. In the course of the study, the authors point out the relevance of the issue of reforming the current regulation, examines the gaps in the conceptual apparatus, propose a definition of the concept of "notary legal relationship" and highlight the features that are inherent in these legal relationships. In addition, the authors argue the position on the public-legal nature of notarial legal relations, and also additionally indicate the special status of a notary and consider his powers taking into account such status. Based on the results of the study, solutions to the problems described above are proposed, and further prospects for the development of regulation of notary activity are outlined. One of the most important conclusions of the study is that disputes arising from notarial legal relations also have a public legal nature and should be considered according to the relevant procedural rules. That is, not in a lawsuit, but in the order of administrative proceedings.
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