NB: Administrative Law and Administration Practice - rubric Theory and science of administrative and municipal law
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Theory and science of administrative and municipal law"
Theory and science of administrative and municipal law
Kananykina E.S. - System of the British higher education in the XX century. pp. 1-17

DOI:
10.7256/2306-9945.2013.4.685

Abstract: The education system of Britain differs from other European models, including the Russian system. In comparison with the British system, the German system of professional education may be characterized by a presence of well-interrelated programs developed in accordance with the specific state programs One of the consequences of such an approach is a more limited personal choice in education in comparison with the British system, while it achieves some results.  Additionally, the number of courses is comparatively limited, and a process of studies is less flexible in respect of taking into account the abilities of the students. From the middle of 1980s the process of professional education in Britain was changed considerably due to its weakness and the need to react to the changes in economics and employment.  In particular, the national system of professional qualification was introduced based mostly upon the level of competence in some specific work, rather than having certain knowledge. It allowed to single out 600 professions out of supposed 900. The new rules on loans were passed, allowing the government to stimulate small-scale forms, education of staff and daytime or evening courses for some persons in accordance with the work loans system. Additionally, over 80 councils on education and enterprise councils were formed in England and Wales.  Currently there is a wide range of possibilities for advanced training and higher education both for the organizations and to persons. Both companies and persons are provided for more opportunities to choose form, both in formal education and in the workplace training.
Vinnitskiy A.V. - Institution of Public Services in Russia: Prospects of Development from the Point of View of European Experience pp. 1-27

DOI:
10.7256/2306-9945.2013.10.1015

Abstract: The article is devoted to the development of the institution of public services in the countries of the European Union and Russia. The author of the article analyzes contradictions and shortcomings of the Russian legislation in this sphere. Based on foreign experience, the author provides grounds for applying a broad approach to interpretation of public services and division of public services into economic and non-economic services. It is stated that the French concept of public services has been adopted in many continental governments. It is concluded that French and Germany have formulated alternative doctrines of mandatory public activities of their governments. The author also sresses out that state and municipal services include social services as well as administrative and legal decisions. It is noted how public units should ensure enforcement of this or that function. The author offers a broader classification and basic division of public services. At the end of the article it is concluded that public services of economic nature are provided by economic entities in a competitive environment and cover services of general effect while public services of non-economic nature cover administrative and social services. 
Kravchuk A.M. - From the good governance concept to the practice of administrative law-making by federal executive bodies. pp. 1-16

DOI:
10.7256/2306-9945.2013.11.1060

Abstract: The article presents the study of the fundamentals of the globally recognized concept of good governance in part of its implementation in the process of drafting and adoption of normative legal acts of federal executive bodies. The Good Governance approach provided by the ESCAP of the UNO was taken as a basic approach to the concept. According to this approach eight fundamental principles of good governance are singled out. In the process of study it is established that major part of the good governance principles are implemented in normatively provided procedures for drafting, adoption and registration of normative legal acts of federal executive bodies. At the same time some principles are not implemented at all, or are not properly implemented. That is why, the results of this study should be taken into consideration  when improving the mechanism for drafting and adoption of drafts of normative legal acts by the federal executive bodies.
Shagieva R.V. - Procedural law in the system of Russian law. pp. 1-18

DOI:
10.7256/2306-9945.2014.2.11211

Abstract: The article presents the approach of the author towards understanding procedural law, showing its correlation with material law, substantiating the criteria for singling out complicated forms of law-enforcement activities, within which the social relations requiring procedural legal regulation are formed. It is stated that division of system of law into sub-systems of material and procedural law should be done in accordance with their place in legal regulation and specific features of interaction of subjects of regulation. Many scientists suppose that procedural legal norms are meant to regulate entire scope of activities of competent bodies on formation and guarantees of existence of material law.  It is noted that procedural law should be connected to legal practice, and with its most complicated forms at that. The author also provides the general theoretical criteria for complicated forms. Strict conformity to all of the procedural norms serves as a guarantee of implementation of material norms.  That is why, law as a system of norms is a union of material and procedural law, and each of the above holds its special place in the legal regulation of social relations.
Agamyan A.A. - On the issue of interpretation of the term "budget expenditures". pp. 1-11

DOI:
10.7256/2306-9945.2014.3.11898

Abstract: The article is devoted to defining the budget expenditures, based upon their main elements. The author points out that the Budget Code of the Russian Federation does not use the definition of budget expenditures. It uses a different term "expenditures of budget". The semantic contents of these two terms are different, since "budget expenditures" include all of expenditures due for the payment and uptaken for payment within the procedure established by law.  The expenditures of budget only refer to whether certain funds belong to budget or not. The main elements of budget expenditures are the following: they are a public category; they usually may not be returned; they do not form and do not repay liabilities; they are provided by the state permanently; they are a budget law category for the economic relations on distribution and use of the centralized monetary funds regulated by the law.  The article also concerns the main doctrinal definitions of budget expenditures and the author offers a definition.
Sotskov F.N. - Action in public proceedings: problems of combination pp. 1-7

DOI:
10.7256/2306-9945.2014.6.14960

Abstract: The subject of the article is the problem of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.
Sidorov E.I. - Qualification of administrative offences consisting in the evasion from the declaration or a false declaration of goods within the Customs Union of the Eurasian Economic Union pp. 1-14

DOI:
10.7256/2306-9945.2015.1.15747

Abstract: The article focuses on the legal and organizational problems of administrative offences qualification. The author carries out the theoretical and legal analysis of the problems of qualification of administrative offences consisting in the evasion from the declaration or a false declaration of goods. The author studies the legal grounds and the composition of these offences, their main types and the peculiarities of qualification by the officials of the customs bodies, the order of procedural registration and the ways of enhancement of law-enforcement practice in this sphere. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide law and order in the sphere of customs it is necessary to enhance the procedural forms of administrative-legal sanctions imposition for the violation of the legislation on administrative offences. The main contribution of the author is the declaration of the need to develop administrative responsibility in the customs sphere. The novelty of the research lies in the proposals about the enhancement of qualification of administrative offences in this sphere.  
Saidov Z.A. - Economy as an object of administrative and legal regulation pp. 1-23

DOI:
10.7256/2306-9945.2015.2.15798

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of the modern economy. The author carries out a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. The article presents the author's position towards the concept of government regulation of economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of development of law and economics in modern conditions. The article considers the author's positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.)The main conclusion of the study says that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy.The main contribution of the author consists in the declaration of the need to develop administrative-legal regulation of economy. The novelty of the article lies in the proposals for the development of forms and methods of government regulation of economy, and the creation of legal and institutional guarantees for the rule of law in Russian economy.
Bombitskii A.M. - Administrative rules in the sphere of internal affairs pp. 1-11

DOI:
10.7256/2306-9945.2015.3.16191

Abstract: The subject of the research is the range of legal and organizational problems of administrative-legal regulation of rules used in the sphere of the interior. The author analyzes the concepts of legal regulation of development of rules in the system of the Ministry of Internal Affairs of the Russian Federation. The article presents the author’s positions on the category of “administrative rule”. The main attention is paid to the development of methods and methodology of administrative-legal regulation of positive relations in the sphere of internal affairs. The article presents the author’s positions on the explanation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present, to provide law and order in the sphere of the interior, it is necessary to enhance forms and methods of administrative-legal regulations of procedural activity. The main contribution of the research is the conclusion about the necessity to develop administrative-legal regulation in the sphere of the interior. The novelty of the research lies in the suggestions to develop forms and methods of administrative-legal regulation in the sphere of the interior and to establish legal and organizational guarantees of legality in the sphere of internal affairs. 
Ruchkina G.F., Vengerovskii E.L. - On the issue of the managing companies activities licensing in the sphere of housing maintenance and utilities pp. 1-9

DOI:
10.7256/2306-9945.2016.2.18272

Abstract: The authors consider such an important aspect of housing and utilities services ensuring as the managing companies’ activities licensing, and analyze the legislative novels in the sphere of licensing agencies, and the licensing requirements introduced in 2015. The research subject includes the statutory acts of the Ministry of Construction, Housing and Utilities in the sphere in question aimed at the improvement of public control mechanisms in the field of managing companies’ activities licensing. The authors pay special attention to the legal status of the self-regulating agencies’ representatives in the process of licensing, since their participation is necessary for corruption risks mitigation. The authors apply the comparative-legal method helping to detect the main drawbacks of the current legislation. The scientific novelty of the study consists in the complex analysis of the current legislation regulating the managing companies’ activities on the sphere of housing maintenance and utilities management. The authors propose the amendments to federal laws and delegate legislation aimed at the improvement of licensing mechanisms and the provision of access of competitive managing companies, providing high quality housing and utilities services, to this market. 
Agamagomedova S. - The concept and the limits of oversight functions of customs agencies pp. 1-7

DOI:
10.7256/2306-9945.2016.5.20352

Abstract: The research object is oversight functions of customs agencies. In the author’s opinion, the administrative and legal status of customs agencies as the subjects of customs control is based on their competence, which includes the set of oversight authorities of a customs agency. The author differentiates oversight and jurisdictional authorities of customs bodies. The paper contains the definition of oversight functions of customs agencies; the author differentiates two directions, based on the control vector: those related to the subordinate subjects and those related to independent subjects. Besides, the author denotes the limits of oversight functions of customs authorities and introduces the concept of an “oversight space” in relation to customs control. The author applies the methods of structural and functional and system analysis, systematization and modeling, and the formal-legal method. The scientific novelty of the study consists in the definition of the legal notion of “oversight functions of customs agencies”, the detection of their temporal, spatial, procedural and functional limits. The customs agency’s competence, including oversight functions, is the base of the administrative and legal status of customs agencies as the subjects of customs control. Besides, the author introduces the concept of an “oversight space” in relation to customs control. 
Ishimbaev D.Z. - Peculiarities of control and inspection activities of municipal government in the Russian state during post-reform period (the case of Ufa province) pp. 1-7

DOI:
10.7256/2306-9945.2017.4.21628

Abstract: The research subject is the peculiarities of control and inspection activities of municipal government in the Russian state during post-reform period. The author studies the case of Ufa province. The paper contains the structure of local government bodies, which were in charge of control and inspection work, the list of their competences, the procedure of their formation and designation of officials. Special attention is given to the analysis of violations and abuses, which had taken place during inspections, and the mechanism of their elimination. The research methodology is based on general scientific methods: empirical method, analysis, inductive and deductive method, and specific scientific methods: formal-legal and concrete-historical method. The scientific novelty of the study consists in the author’s conclusion that the absence of task-oriented inspections of city dumas by central and provincial authorities proves that, firstly, the state considered them as independent bodies, and secondly, the system of state inspection activity wasn’t elaborated. 
Zatsepina E. - Legal regulation of self-regulatory microfinance institutions pp. 1-8

DOI:
10.7256/2306-9945.2017.1.22094

Abstract: The article considers the issues of legal regulation of self-regulation in the sphere of microfinance activities, its purpose, main functions and tasks. The author pays attention to the hierarchy of interrelations between self-regulatory institutions and microfinance institutions determining the specificity of normative regulation in this sphere. The author characterizes basic and internal standards adopted by self-regulatory institutions. The study reveals the main authorities of self-regulatory institutions mediated by public impact measures. The research methodology is based on general scientific methods (analysis, synthesis, comparison, classification, description, analogy, generalization, induction and deduction) and special methods (formal dogmatic, comparative-legal, system-structural, and the method of legal interpretation). The scientific novelty of the work consists in the complex study of the peculiarities of legal regulation of the activities of self-regulatory microfinance institutions, defines the purpose of self-regulation and its main functions. The author considers the peculiarities of local statutory acts in the sphere of microfinance, defines the status of basic and internal standards adopted by self-regulatory institutions. 
Zatsepina E. - Administrative regulation of the activities of microfinance organizations pp. 1-9

DOI:
10.7256/2306-9945.2017.2.22839

Abstract: The paper considers the problems of administrative regulation of the activities of microfinance organizations. Global changes in microfinancing, first of all, vesting the Bank of Russia with powers to regulate, control and supervise over the activities of microfinance and microcredit organizations, and with jurisdictional powers, and the introduction of the institution of self-regulation, prove the unquestionable necessity of administrative studies in this sphere. The author pays attention to the peculiarities of normative regulation of the activities of microfinance organizations and reveals the key powers of the Bank of Russia in the sphere of regulation of microfinance organizations. The research methodology is based on general scientific (analysis, synthesis, comparison, classification, description, analogy, generalization, induction, and deduction) and specific research methods (formal-dogmatic, comparative-legal, system-structural, and the method of legal interpretation). The scientific novelty of the study consists in the complex research of the peculiarities of administrative regulation of the activities of microfinance organizations. The author reveals the main approaches of law-enforcement practice and scientific works to the definition of the “microfinancing” concept, and considers the peculiarities of normative regulation in the sphere of microfinancing. 
Kapustina E.G. - Promotion of the Road Traffic Safety: Positive Experience of Individual Constituents of the Russian Federation as a Result of the Influence on Human's Mind and Behavior pp. 1-8

DOI:
10.7256/2306-9945.2018.4.26664

Abstract: The subject of the research is the social relations that may arise in the sphere of road traffic safety and are meant to allow the Road Police to use a variety of preventive measures in order to increase the legal awareness of road users and their behavior and to reduce the number and severity of road accidents. The object of the research is the preventive measures in individual constituents of the Russian Federation. The aim of the research is to carry out an in-depth study of the events and measures in the sphere of road traffic safety in the Russian Federation. The research methods include analysis, synthesis, generalisation, classification, induction, deduction, forecasting, and ascension from the abstract to the concrete. The main conclusion of the research is that graphic and intensive law-enforcement and information distribution will allow to prevent road accidents, reduce their severity and the number of the injured and the deceased. The author offers to improve the agitational influence by applying the following measures: sufficient funding of companies and actions that prevent road accidents, and involvement of the top public officials of the region, district, city, municipal corporation officials, activists of culture, science and education, social associations and business which will help to develop the legal awareness of citizens and their good traffic behavior. 
Zeinalov F.N. - Obstacle Avoidance Performed by a Transport Driver: Legal Analysis and Qualification Issues pp. 1-6

DOI:
10.7256/2306-9945.2018.3.27344

Abstract: The subject of the research is the social and legal relations that arise in the process of road traffic safety provision. The object of the research is the social relations between a transport driver and law enforcement official, in particular, traffic police. The aim of the research is to analyze the legal basis that regulates the aforesaid sphere, in particular, qualification of actions of a driver performing the obstacle avoidance and crossing into oncoming traffic above the full line on the left or going into the way side on the right. The author of the article analyzes the legal confirmation of the traffic pattern in described cases as well as adminitrative responsibility of drivers who performs the obstacle avoidance and bears administrative responsibility according to the Administrative Offenses Code of the Russian Federation. Zeynalov pays special attention to the contradictions and gaps in the Road Traffic Rules and qualification of administrative offences based on the Administrative Offences Code of the Russian Federation. The methodological basis of the research consists of philosophy, fundamental provisions of the theory of law and state, summary of the practical experience and implementation of the logical and systems analysis methods. The scope of the application of the results covers legislative and law enforcement activity, educational process, researches of specialists in road traffic security, and improvement of Russian law system branches. The novelty of the research is caused by the practical and theoretical importance of law enforcement issues as well as the need to improve the legal mechanisms of qualification of administrative offences. In conclusion, the authors prove the need to qualify particular actions and circumstances that made a driver to do it, and implementation of the provisions of Article 2.7 of the Administrative Offences Code of the Russian Federation (extreme necessity) by the road police officer. 
Moreeva S. - The Arctic Zone of the Russian Federation in Strategic Planning Documents of the Goal-Setting and Programming Levels pp. 1-14

DOI:
10.7256/2306-9945.2018.5.27911

Abstract: In her article Moreeva presents an analysis of the hierarchy of strategic planning documents aimed at the regulation of the Arctic zone development. The article is based on the research devoted to the development of methodological and legal approaches to further construction of the contour of strategic planning and its integraton with the contours of programming and budgetary management carried out by The Russian Presidential Academy of National Economy and Public Administration (The Presidential Academy, RANEPA) in 2017. The Arctic macro-region has been selected due to its specfic features such as geographical location, climatic conditions and strategic importance. In the course of the research the author has applied both general research methods such as dialectics, systems approach, comparative anlaysis, synthesis, analogy and deduction and traditional law methods such as formal law, comparative law, etc. Based on the results of the research the author states that today there has been a number of strategic planning documents adopted, however, this sphere still lacks a systems approach: not all documents that are necessary have been issued, and current acts do not always correspond to the strategic planning laws. The conceptual analysis of the acts allows to make the following conclusions: so far, the borders of the Arctic zone have not been defined either geogrpahically or cocneptually, thus leaving the problem of the Russian Arctic zone unresolved. There are certain inconsistencies between Arctic zone strategic planning documents of the goal-setting and programming levels, existing documents do not focus on the development of the macro-region and territories within the Arctic Zone equally. In addition, there is insufficient legal regulation which does not take into account specific features of aforesaid territories.   
Ostrovskaya A.S. - Administrative Responsibility of the Russian Federation Citizens for the Violation of the Residency (Domicile) Registration Regulations pp. 1-6

DOI:
10.7256/2306-9945.2018.6.28954

Abstract: The object of the research is a set of social relations arising in the process of establishment and imposing administrative responsibility for violations of registration laws in the Russian Federation. The subject of the research is the theoretical and practical aspects of the institution of administrative responsibility, conents, targets, and current issues of relevant law-enforcement practice. The aim of this research is to analyze theoretical and practical issues that may arise in the process of the enforcement of administrative responsibility for the violation of residency (domicile) registration rules in the Russian Federation. In her research Ostrovskaya has widely used the dialectical research methods that allows view phenomena in terms of their dynamics and historical development. The researcher has also applied special research methods such as formal law and comparative law. The novelty of the research is caused by the fact that the author makes conclusions, statements and recommendations on how to improve the current Russian administrative law. The rationale of the research is determined by the need to find the best ways of improving the system of administrative sanctions for the violation of the Russian Federation registration laws. 
Amelichkin A.V. - Topical Issues of Training Motor Vehicle Drivers in the Russian Federation pp. 1-9

DOI:
10.7256/2306-9945.2019.1.29084

Abstract: The subject of the research is the system of legal relations in the sphere of road safety. The object of the research is the social relations arising in the process of training vehicle drivers of different kinds and categories. The aim of the research is to analyze the legal basis that regulates the sphere of training vehicle drivers of different kinds and categories. The author touches upon the problems of the legal regulation of the training process in the Russian Federation and focuses on the experience of the foreign states in training vehicle drivers as well as peculiarities of the educational process of training vehicle drivers. The methodological basis of the research includes dialectical, historical, structured system, comparative law, statistical, formal logic and other methods. The novelty of the research is caused by the need to improve the legal mechanism of training vehicle drivers in order to ensure road safety. The author uncovers peculiarities of training vehicle drivers based on the so-called Scandinavian system that has gained a good reputation in many countries of the European Union. The main conclusions of the research are the following: there is the need to review the program of professional training of vehicle drivers in order to develop necessary skills required by real-life conditions, implementation of learn driving maneuvers and issuance of temporary driver's license to young drivers for two years. The scope of the research results include legislative activity of state authorities, education and research of road safety.   
Chuzhinov I.A. - Issues that May Arise in the Process of Imposing and Compensating for Court Expenses in Cases of Challenging Cadastral Value As Part of Administrative Proceedings pp. 1-4

DOI:
10.7256/2306-9945.2019.2.29144

Abstract: The cadastral value of real estate defined on the basis of massive evaluation as a result of state cadastral value often contradicts to the market value defined as a result of individual evaluation of a particular real estate item. In his article Chuzhinov talks about the problems that may arise in the process of imposing and compensating for court expenses in cases of challenging the cadastral value as part of administrative proceedings. The author describes changes that have been happened in the judicial practice and casts light on the important issues that should be focused on when such a court case is initiated. The subject of the research is the social relations arising during challenging the cadastral value of real estate. The main conclusions of the research is that there is a certain need to make amendments to the current laws and regulations that relate to the distribution of court expenses in cases of challening cadastral value. The author offers several solutions of the problems that may arise in the process of imposing and compensating for court expenses in cases of challenging cadastral value of administrative proceedings. 
Zeinalov F.N. - Revisiting Traffic Police Inspector's Powers in Interaction with Road Users pp. 1-12

DOI:
10.7256/2306-9945.2019.3.29212

Abstract: The object of the study is a system of social and legal relations in the sphere of road traffic safety. The subject of the study is a set of legal norms, regulating the interaction between road users and traffic police inspectors of the General Administration for Traffic Safety of the Ministry of Internal Affairs of Russia, implementing a federal government oversight of compliance with the requirements of the legislation of the Russian Federation by road users. The study aimed to carry out an analysis of the legal and regulatory framework, regulating traffic police inspector's powers, and to develop an effective algorithm of such interaction.  The methodological basis of the study is fundamental provisions of the theory of law, a generalization of practical experience, an implementation of a method of logical, monographic, and systemic analysis. The author examines a regulatory legal formalization of the process of interaction between traffic police inspectors and road users. The information, emphasizing the relevance of the problem of interaction between mentioned agents, is provided. The analysis of national law, by-laws, and departmental regulations is conducted to determine an effective algorithm of interaction. The analysis of the case law on the given problem is carried out, and suggestions on improving traffic police inspectors' professional activity are made. Field of study results application: the provisions of the work can be used in the legislative activity of government bodies, law-enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of road traffic safety, improving the branches of the Russian legal system.The novelty of the study is due to the practical and scientific significance of problems of law enforcement activities by law enforcement agencies in the sphere of road traffic safety, and also due to the necessity of improvement of the legal framework, regulating the powers of police services in Russia. 
Kozhevnikov O.A., Nikolaeva A.V. - Historical and Legal Development of the Migration Legislation in the Russian Empire before 1917 pp. 1-5

DOI:
10.7256/2306-9945.2019.4.29827

Abstract: The study is devoted to the peculiarities of migration legislation development and establishment in the Russian Empire before 1917. In the research, the specific character of migration legislation in the given period is observed. In the article under review, a special emphasis is placed on the immigration policy that was of an applied nature and helped to implement the policy of assimilation of new territories. Based on historical and legal regulatory acts enacted during this period, it follows that the acts were aimed at the regulation of the population immigration within Russia which also led to the emergence of immigration policy in general. In the given research the conclusion is drawn that on each historic period the immigration policy directly depends on certain social, political, and economic factors that also set the direction and work of migration policy. Therefore, it is fair to say that the immigration policy resulted from this factor. 
Novgorodov D. - Social Relations on the Internet as an Object of Administrative Protection pp. 1-7

DOI:
10.7256/2306-9945.2019.5.30656

Abstract: The subject of the research is the national provisions of different branches of law that regulate social relations arising in the process of communication via the Internet as well as a circle of actors that participate in social relations on the Internet. The object of the research is the social and legal relations between different legal entities on the Internet. Novgorodov pays special attention to particularities of administrative regulation of relations on the Internet that can be used to arrange social relations and the process of protection of personal rights as well as prevention of threats for the society and government. The methodological basis of the research includes a set of general and specific research methods (analysis, synthesis, induction, deduction, generalisation, systems approach). Based on the results of the research, the author concludes that administrative protection covers a wide range of freedoms and rights that are exercised as part of legal relations arising in the process of communication via the internet, these legal relations being regulated by different branches of law, however, administrative means of influence on Internet relations should be limited and caused by the need to defend rights and freedoms of individual and citizen, public morality and state security. 
Amelichkin A.V., Isaev M.M. - Usage of special software for mobile devices for improving efficiency of road traffic safety pp. 1-10

DOI:
10.7256/2306-9945.2020.3.33355

Abstract: The subject of this research is the system of legal relations in the area of ensuring road traffic safety. The object of this research is the social relations emerging in the process of recording administrative legal relations via special software for mobile devices for improving efficiency of road traffic safety. The goal of this article consists in examination of the normative legal framework that regulates the usage of special software for mobile devices in law enforcement. The authors examine the issues of normative legal regulation of the process of recording administrative offences with regards to road traffic safety using special software for mobile devices. Special attention is given to the usage of special software for mobile devices when determining the elements of an administrative offence. The novelty this research is defined by the need to improve legal mechanism for recording administrative offences in the area of road traffic safety using special software for mobile devices, prevention of infringement of rights and legitimate interests of road users in the area of ensuring road traffic safety. The authors describe the problems and propose solutions aimed at improvement of legal mechanism for recording administrative offences in the area of road traffic safety via special software for mobile devices. The main conclusion consists in the need for revising normative legal acts in the area of ensuring road traffic safety for the purpose of improvement of the effectiveness of special software.
Kravchenko A.G., Ovchinnikov A.I. - Principles and priorities of Russian legal policy in the sphere of digital economy pp. 1-10

DOI:
10.7256/2306-9945.2020.4.34654

Abstract: The object of this research is the legal policy of the state, while the subject is the principles and objectives in development of the system of priorities and goals of legal policy in the spheres of digital economy of the modern state. The authors analyze the existing approaches towards formulation of the principles of legal regulation of digital economy in the Russian and foreign research, normative legal acts in force; give assessment to their effectiveness in the new socioeconomic conditions of the emerging information society, rapid growth of information and communication technologies, and their impact upon economic relations. Special attention is given to the new system properties of digital economy, which substantiate the need for reconsideration of the traditional political-legal model of market regulations. The authors conduct comparative analysis on the consequences of implementation of traditional approaches towards legal policy in the context of transformation of Russian socioeconomic system, and place emphasis on the need for paradigm shifts in legal regulation. The scientific novelty of this work consists in development of a special group of legal principles that define legal policy in the sphere of digital economy, formulated according to the specificity of digital economic and closely connected other relations currently being formed within the information society. The system of such principles can lay the foundation for changing the approaches towards regulation of wide variety of public relations that enable the country’s rapid economic progress.
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”.
Korepina A.V. - Imposition of cumulative administrative penalty: technical-legal defects and law enforcement problems in the sphere of forest conservation pp. 1-13

DOI:
10.7256/2306-9945.2021.3.35777

Abstract: The subject of this research is the social relations arising in the context of application of administrative sanctions for violating forestry legislation. The object of this research is the legislation on administrative offenses of the Russian Federation and foreign countries, law enforcement and judicial practice. The author observes the ambiguity of application of legislation on administrative offences by the state forestry departments in some constituent entities of the Russian Federation. Therefore, this scientific article indicates one of the relevant issues that stir up disputes among the law enforcement agencies – imposition of cumulative administrative penalty for violating forestry legislation. Using the universal dialectical, descriptive, and hermeneutical methods, the author analyzes the current administrative legal norms that regulate the procedure for imposition of cumulative administrative penalty. Special attention is given to the factors of ambiguity in law enforcement practice in terms of imposition of cumulative administrative penalty, which has developed due to the flaws in legal writing: 1) the absence of conceptual scientific developments dedicated to imposition of administrative penalty for cumulative administrative offenses; 2) simplified approach towards legal regulation of certain institutions of administrative responsibility that generates gaps in the legislation on administrative responsibility, which must filled in by law enforcement practice; 3) inappropriate interpretation of norms of the Article 4.4. of the Code of the Russian Federation on Administrative Offences by the law enforcement, and namely, judicial bodies. The scientific novelty consists in recommendations for improving the provisions of the Code of the Russian Federation on Administrative Offenses in this sphere. The conclusions are based on the formal-legal and logical methods of research.
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).
Bylinin I.A. - Road Safety Improving Factors in Modern Environment pp. 6-11

DOI:
10.7256/2306-9945.2019.4.26386

Abstract: The subject of the study is some peculiarities of road safety improving factors on roads in the modern state of development of the Russian Federation. The object of the study is the social relations emerging between the drivers as road users and State Road Traffic Safety Inspectorate officers, implementing the propaganda of traffic security. The author of the article examined the peculiarities of road safety improving factors aimed at reducing the number of traffic accidents and the severity of consequences. The methodological base of the research includes the dialectic cognition method, fundamental premises of the scientific worldview, the system of philosophical ideas, functioning as the general method of obtaining the knowledge of reality. In the course of the study, such methods as rather-legal, exact-social, and statistic analysis were applied. The author suggested some concepts aimed at the strengthening of efforts affecting the accidence with the help of prevention and propaganda of road safety among road users. Peculiarities of road safety improving factors, proposed in the article, will allow State Automobile Inspectorate officers to affect road users more effectively. 
Kalyuzhny Y.N. - Legal problems of detection of common patterns of road safety provision in the Russian Federation pp. 9-16

DOI:
10.7256/2306-9945.2017.1.21008

Abstract: The research subject is the doctrinal provisions characterizing road safety provision patterns. The research object is the range of social relations in the sphere of road safety provision. Based on the analysis of statutory instruments and scientific works, the author studies the concept of road safety provision patterns, focuses on the legal aspects of their detection, and characterizes the essence of patterns, which is revealed on the base of repeated social practice. Special attention is given to distinguishing between the pattern concept and other legal categories. The research methodology is based on the set of general scientific and special methods of cognition (formal-legal, analytical, the method of system analysis, synthesis, modeling, comparison, etc.). The scientific novelty of the study consists in distinguishing the common patterns of road safety provision. The author concludes that the analysis of statutory instruments, scientific works, and legal relationship in the sphere of road safety provision helps detect particular legal problems of patterns distinguishing in this sphere. Inextricable connection between the state policy goals in the sphere of road safety provision and the development patterns of the system under study allows formulating the fundamental scientific provisions of the security theory, which significantly enrich the road safety provision methodology and form a solid base for prognosticating the further transformation of social relations in the considered sphere, the legal base improving and making strategical decisions in the sphere of road safety provision, aimed at the reduction of the number of road accidents and their consequences. 
Bobrova A.V. - Functional Approach to Optimizing the Structure of the Russia's Federal Customs Service Directorates pp. 9-21

DOI:
10.7256/2306-9945.2017.6.25781

Abstract: The subject of the research is the process of management at customs authorities in terms of functional responsibilities of the Directorates of the Central Administration of Russia's Federal Customs Service, in particular, definition of the main provisions of restructuring methods at Directorates under given staff reduction indicators set forth by the Federal Customs Service of Russia, and description of the principles and methods of the functional approach to customs activities. The purpose of the research is to develop mathematically and economically grounded criteria for optimization of the customs authority structure and development of recommendations for Directorates in the process of performance of their functions. The methodological basis of the research is the analysis of the system of customs authorities management, in particular, senior management, analysis, generalisation and systematization of functions of the Directorates of the Central Administration of Russia's Federal Customs Service, creation of criteria for optimization of the structure of customs authorities tkaing into account the issues discovered, and synthesis of the methodological grounds for interaction between Directorates of the Central Administration of Russia's Federal Customs Service depending on functions and evaluation criteria of their activity. The novelty of the research is caused by the fact that the author offers her own classification of functions performed by the Directorate of the Central Administration of Russia's Federal Customs Service as defined by the federal laws. The main conclusion of the research is the author's idea to create an optimal structure of Directorates of the Central Administration of Russia's Federal Customs Service with a lesser number of senior managers in proportion to a lesser number of staff.
Zeinalov F.N., Kalyuzhnyi Y.N. - On the Question about Improvement of the Legal Confirmation of Law Enforcement Officers' Powers Based on the Example of the Patrol-Road and Patrol-Guard Service pp. 9-23

DOI:
10.7256/2306-9945.2018.4.27720

Abstract: The subject of the research is the system of social relations that arise in the process of traffic safety. The object of the research is the interaction between drivers and police officials who protect the public order and social security. The aim of the research is to analyze the legal basis that regulates powers of police officials pursuant to the provisions of the Police Law that establish the right of a driver to stop. The author analyzes the legal basis for the overall police functions performed by the State Traffic Safety Inspectorate and Patrol-Guard Service in the field of road traffic security. The authors provide statistical information that emphasizes the need to differentiate between powers of the aforesaid services. The authors also carry out an analysis of judicial practice on the problem and offer to make certain amendments to the law. The authors pay special attention to the hidden contradictions in the Federal Police Law No. 3, bylaws, and departmental orders of the Ministry of Internal Affairs of Russia that regulate authorities and competences of the Patrol-Guard Service, local district police and Patrol-Road Service. The methodological basis of the research involves fundamental provisions of the theory of law and state, generalisation of the practical experience, application of the logical analysis and systems analysis methods, monographic comparative and other research methods. The scope of the application of the results may include legal and law-enforcement activity, educational process, traffic safety researches and improvement of the Russian law system. The novelty of the research is caused by the practical and theoretical importance of law-enforcement activity of law-enforcement authorities and the need to improve the legal grounds of police subdivisons' activity. In conclusion, the author to change the Federal Police Law No. 3 provision about the right to stop, in particular, to exclude the phrase 'when it enables the police to ensure the traffic safety'. 
Saidov Z.A. - Public-private partnerships in the regulation of Russia's economy pp. 12-29

DOI:
10.7256/2306-9945.2015.3.16193

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of economic safety. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of its safety provision. The article presents the author’s positions on the notion of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations safety. The author pays special attention to the methods of administrative-legal regulation of pubic-private partnerships in the economic sphere, reveals the peculiarities of these partnerships in the public sector of Russia's economy and offers the ways of their enhancement. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present, to provide law and order in the economic sphere, it is necessary to enhance forms and methods of administrative-legal public-private partnerships. The main contribution of the author lies in the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the research lies in the suggestions about the development of forms and methods of government regulation of the economy and the establishment of legal and organizational guarantees of legality in Russia's economy.  
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.
Polukarov A.V. - Administrative and legal anti-corruption instruments of the non-public sector of social services pp. 14-27

DOI:
10.7256/2306-9945.2016.6.19772

Abstract: The research subject is the problem of application of administrative and legal anti-corruption instruments in the non-public sector of the social sphere and social services. The problem is conditioned by legal and organizational issues, typical for the process of implementation of anti-corruption legislation within the social relations system. The topicality of the problem is conditioned by the fact that anti-corruption issues are especially important in the social sphere, since it has an impact on the quality and expectancy of life. The author substantiates the necessity to improve the efficiency of application of administrative and legal anti-corruption instruments in the social sphere. Based on the research, the author suggests improving anti-corruption mechanisms in the non-public regulation of the social sphere. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative and legal anti-corruption instruments in the social sphere. The author states the necessity to improve anti-corruption measures in the social sphere. 
Bereznikova . - Free customs zone in the free port of Vladivostok: assessment of the effectiveness of legal regulation pp. 14-29

DOI:
10.7256/2306-9945.2022.3.38209

EDN: JYEJCQ

Abstract: The object of the study is the application of the customs procedure of the free customs zone (hereinafter referred to as the FTZ) in the free port of Vladivostok (hereinafter referred to as the SPV). The subject of the study is the regulatory and legal regulation of the customs procedure of the STZ in the SPV. The purpose of the study is to identify the reasons affecting the low attractiveness of the application of the customs procedure of the STZ among the residents of the SPV, as well as to search for and disclose the shortcomings of the regulatory regulation of this customs procedure. In the course of the research, general methods of cognition (analysis and synthesis, comparison, analogy) and private scientific methods were used: comparative legal, historical legal, system-structural analysis of documents, statistical analysis. The topic under consideration is relevant in connection with the need to use effective tools for the development of the economy of the Far East, to which the Russian authorities have been paying close attention for the last decade. Also, the positive experience of Asian neighbors pushes for a detailed study of such a development tool as "free economic zones", customs and tax benefits provided in such territories. The novelty of the study consists in pointing out the problems of the application of the customs procedure of the STZ, identified during the practical application of this procedure in the SPV. According to the results of the study, it was found that the customs procedure of the STZ does not enjoy attractiveness among the residents of the SPV and does not produce the expected economic effect for a number of reasons that lie in the regulation and its application. The process of creating the SPV and the ongoing integration processes in the Eurasian space have left their mark on the content of Federal Law No. 212-FZ dated 13.07.2015 "On the Free Port of Vladivostok". The lack of systematization of the basic terms "free economic zone", "territory of a free economic zone", the introduction of unrealizable provisions in orders, the lack of timely work to eliminate identified contradictions and errors, the lack of a single well-thought-out strategy for the development of SPV leads to a decrease in interest in the application of the STZ procedure and may contribute to illegal activities.
Lapina M.A., Karpukhin D.V. - On the issue of use of the definitions transparency and openness in respect of the institution of public service in the Russian Federation pp. 17-33

DOI:
10.7256/2306-9945.2015.5.17507

Abstract: The research subject includes the current international and national regulatory instruments and international agreements containing the definitions “transparency” and “openness” in respect of private and public relations, including the institution of public service. At present, the category of “transparency” is embodied in many international agreements and national regulatory instruments, and is being actively developed on the scientific methodological level. But this category is not contained in fundamental regulatory instruments, regulating the institution of public service in the Russian Federation; it raises the question of the possibility to apply this category within the institution of public service. The research methodology is based on the recent achievements of epistemology. The authors apply general scientific and theoretical methods (dialectics, the comparative approach, the system analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The authors conclude that it is necessary to transfer the definition “transparency” from the scientific and methodological sphere to the formal legal one, i.e. it is necessary to legislate this definition in legal acts regulating the institution of public service in the Russian Federation. The authors carry out the comparative analysis of the categories “transparency” and “openness” in international agreements and regulatory instruments with a view to applying the category “transparency” in respect of the institute of public service in the Russian Federation. The authors propose the ways of legal confirmation of the term “transparency” in the current legislation regulating the institution of public service in the Russian Federation. 
Kolesnikov Y.A., Butko Y.B. - Classification of banks and banking sector segmentation: foreign and Russian experience of legal regulation pp. 18-28

DOI:
10.7256/2306-9945.2017.3.23395

Abstract: This article discusses the international experience in determining the concept of a bank. The authors give special attention to the classification of credit organizations in retrospective and international context, with a particular focus on the division of banks into investment and commercial institutions. The authors describe the existing worldwide trend of banking universalization. The authors analyze the admissibility of banking sector differentiation in connection with the realization of a multi-level banking system in the Russian Federation and the prospects and the influence of formalization of such distinction on law enforcement practice. The methodology of the research consists of general scientific methods of enquiry such as analysis, synthesis, analogy, induction, modelling, as well as the specific methods of legal science including the historical, comparative and prognostication methods. The scientific novelty of the research lies in determining the patterns of banking legal regulation development and the further assessment of a multi-level banking system feasibility. The main conclusion of the research consists in the admissibility of banking business differentiation in Russia, contrary to the prevailing opinion about the necessity of universalization.
Zeinalov F.N., Gubenkov O.E. - 'Vehicle Drive': the Need to Include the Definition Thereof in Russia's Administrative Laws
pp. 18-23

DOI:
10.7256/2306-9945.2018.1.26116

Abstract: The subject of the research is the social and legal relations in the sphere of road safety. The aim of the research is to analyze the legal basis that regulates the sphere of road safety, in particular, qualifying certain kinds of administrative offenses that relate to driving a vehicle, definition of qualifying features of 'vehicle drive' as a legal category and recommendation to codify it by law. The authors of the article examine such aspects of the topic as the legal codification of the main features of 'drive', definition of the term 'vehicle drive', and experience of the foreign states in interpretion of this definition. The authors pay special attention to the need to include the definition of 'vehicle drive' in applicable laws and to improve administrative laws that qualify features of vehicle drive. The methodological basis of the research implies philosophical knowledge that defines the main requirements for scientific theories, essence, structure and sphere of application of research and analysis methods; fundamental provisions of the theory of law and state; generalisation of the practical experience and application of logical and system analysis methods. The authors have also used monographic, comparative and other research methods. The scope of the application of the research results may include legal activity of state authorities, law-enforcement activity of competent authorities, process of education, road safety researches and improvement of particular branches of the Russian law. The novelty of the research is caused by the practical and theoretical importance of law enforcement issues of road safety. In conclusion, the authors suggest to make amendments to Part 1.2 of The Traffic Rules, in particular, make a definition of 'vehicle drive'. 
Kananykina E.S. - Ways of formation a common European education zone in the legislations of Czech Republic, Slovakia, Macedonia and Greece. pp. 24-44

DOI:
10.7256/2306-9945.2013.5.683

Abstract: The modern education participates in the process of formation of the new global community, and it is situated at the very heart of the issues regarding personal development and various communities. The purpose of education is to provide everyone with no exceptions with an opportunity to express his talents and creative potential, presupposing that each person should have an opportunity to implement his personal plans. This is a dominant purpose for the formation of a new and more humane world. In order to achieve it, there is need to revise ethical and cultural aspects of education in order to guarantee everyone with the opportunities to understand other people in all of their specificities, to understand the world in its chaotic movement to unity.  The start of this process is related to the ability to understand oneself, to develop inner efforts based upon knowledge, thoughts, experience and reflexion. The article is devoted to the problem of development of education system in the European states in the conditions of changes in legislative fundamentals on school and higher education, as well as on formation of a common European education zone.
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.  
Zatsepina E. - Regulatory functions of the Bank of Russia in the sphere of microfinance activities pp. 29-35

DOI:
10.7256/2306-9945.2017.3.22197

Abstract: The author studies the main regulatory functions of the Bank of Russia in the sphere of microfinance activities. The structural reform of microfinancing in Russia, which had consisted in the introduction of the institution of self-regulation in July 2016, actualized the issues of differentiation of regulatory functions of public authorities and organizations. The author characterizes the jurisdictional functions of the Bank of Russia in the sphere of microfinancing. Significant attention is given to the regulatory functions. The author defines the correlation between the concept of “control” and “supervision”. The research methodology is based on general scientific (analysis, synthesis, classification, description) and specific methods of cognition (formal-dogmatic, system-structural, and the method of legal interpretation). The scientific novelty of the study is determined by the amendments to the Federal law of 2 July 2010 “On microfinance activities and microfinance organizations”, particularly by the introduction of the institution of self-regulation in the sphere of microfinancing and endowing them with some functions of the Bank of Russian in the sphere of regulation of microcredit and microfinance organizations. 
Agamagomedova S. - The object of customs control: notion and administrative and legal characteristic pp. 39-48

DOI:
10.7256/2306-9945.2016.6.20428

Abstract: The research object is the notion of the object of customs control as a function of customs bodies. The author analyzes the legislative provisions and scientific views on of the object of customs control. The study of the evolution of the “object of customs control” category in the Soviet and Russian customs legislation is of a particular importance. The object of customs control is considered as an element of the customs control system and as a subsystem with two levels. The first level is reflected in the activities of subjects under control, the second level is reflected in goods, documents and information. The author applies special scientific methods, including the comparative-legal and the formal-legal ones. The author concludes that the object of customs control as a subsystem, lying beyond the customs bodies system, defines the vector of control and supervision functions of customs bodies; the object of customs control is the compulsory element of the customs control system in general; the author presents two levels of customs control: the activities of the subject under control and the goods, documents, information and persons. 
Kutsenko T.M. - On implementation of the models of judicial mediation in the administrative process pp. 48-54

DOI:
10.7256/2306-9945.2021.4.37390

Abstract: This article examines the possibility of implementation of the models of judicial mediation tested in international practice applicable to administrative disputes. Analysis is conducted on the models of judicial mediation, their merits and flaws. The author outlines the spheres and categories of administrative cases that may require judicial mediation, as well as provides original perspective upon the problem. The integration of mediation into judicial process is feasible not only as a separate procedure – a number of countries features such mediation technique as in-house-mediation, which represents a peculiar approach towards establishing dialogue between the parties to the case aimed at conflict resolution within the framework of judicial proceedings. The analysis of the existing points of view in scientific literature reveals the following criteria that ensure the possibility of implementation of conciliation procedures in the administrative process: absence in the law of a direct ban on the use of mediation procedures; absence of violations of public interest along with observance of the rights and legitimate interests of other parties; competence of the official to conduct conciliation procedure set in the regulatory framework; normative legal consolidation of the possibility of conducting conciliation procedure; strict adherence by the official to the objectives determined by their competence and professional activity (objective, subjective, territorial, and temporal).
Karpukhin D.V. - Legal fictions in the Administrative Procedure Rules of the Russian Federation pp. 49-57

DOI:
10.7256/2306-9945.2016.6.20596

Abstract: The research subject is the current provisions of the Administrative Procedure Rules of the Russian Federation, establishing legal fictions – the deliberately formulated incontestable assertions that may not correspond to the facts and are contained in imperative regulations for the purpose of the achievement or avoidance of particular legal consequences. The specific legal peculiarity of administrative procedural fictions is their relative, alternative character, consisting in the possibility of judicial discretion – admission or non-admission of legal consequences, conditioned by the actual or accomplished legal fact in the formulated normative models of fictions. The considered administrative procedural fictions are not the fundamental novels of Russian legislation, since they are borrowed from arbitration procedural legislation and civil procedural legislation. The research methodology is based on the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical and interpretative methods, used for the analysis of the particular content of legal regulations); the comparative method, used for the comparison on general legal categories. The author concludes that administrative and procedural fictions have particular features, reflected in judicial discretion, which can be expressed in the admission or non-admission of legal consequences, conditioned by the legal fact, mentioned in the administrative and procedural fiction. But the very judicial discretion contains the potential danger of negative legal consequences, caused by a subjective judges’ mistake. The author studies the correlation of two general legal categories of “legal risks” and “legal fictions” in the context of administrative-procedural relations. The author notes the close interrelation between these definitions, which is reflected in the process of normative modeling of legal directions, regulating administrative process. The novelty of the work consists in the consideration of the problem of legal fictions, formulated in the Administrative Procedure Rules of the Russian Federation, which came into force in 2015, and the study of their specific peculiarities. 
Trofimov E.V. - The role of norm-referenced regulation and indirect methods in optimizing law and reducing regulatory risks pp. 50-63

DOI:
10.7256/2306-9945.2023.4.69327

EDN: SKAQKV

Abstract: The subject of the study is public relations in dynamically developing areas, where direct methods of public administration and traditional legal tools show their ineffectiveness. The purpose of the article is to develop an approach to the applicability of indirect methods in administrative and legal regulation in the context of the transition to Industry 4.0. The research was carried out on the basis of an interdisciplinary approach using method of system analysis and the dogmatic method. As a result of the study, it was concluded that increased government influence on the economy led to the formation of a process approach to administrative and legal regulation. However, the use of this approach assumes that identifying a defect is a norm that cannot, as a general rule, entail negative consequences for an economic entity. This feature is dissonant with the approach to legal regulation, and in a process sense it contains the less social value and carries the more threats, risks and costs, the more detailed it is. Overcoming the negative consequences of direct regulation is possible by using indirect methods of public administration, in which the solidarity of non-state actors with state goals is achieved through economic interest. Non-state regulation not only includes rule-making and control, but also requires providing incentives. Norm-referenced regulation is used in semi-formalized areas in which the state does not have awareness and effective tools for influence, but can use an incentive mechanism in areas of interest to the private sector. In such cases, the emphasis shifts from state to non-state regulation. In the context of the transition to Industry 4.0, the state will transfer regulatory functions to the private sector for self-regulation and local regulation with indirect influence from the state.
Bababekova D.A. - The concept of the content and system of juvenile justice pp. 51-61

DOI:
10.7256/2306-9945.2022.4.38652

EDN: LANMAY

Abstract: In this article, the author analyzes approaches to the concept of "juvenile justice", examines the links of the juvenile justice system in the Russian Federation. In the Russian Federation, increased attention has always been paid to the rights and freedoms of minors, and the state takes special care of them and provides protection, including through legal regulation of this area of its activities. The article presents its own vision of the concept of the content and system of juvenile justice. In the scientific study, the author's vision of the juvenile justice system is proposed, the juvenile justice system in the modern period of the development of the Russian state should be understood in a broad sense, and its system should form three blocks (subsystems). At the same time: the jurisdictional subsystem is represented by juvenile courts, implementing criminal justice and proceedings on administrative offenses; the preventive subsystem (prevention) by the subjects of the system of prevention of offenses and crimes; the subsystem of resocialization (as a complex measures to work with minors to include them in a normal social environment and restore their positive personal properties and characteristics) an extremely wide range of subjects, for example, authorized law enforcement officers and, above all, employees of internal affairs bodies, guardianship and guardianship authorities, teachers, psychologists, social workers, etc.
Isaeva K.V., Zalesny Y., Goncharov V.V. - Establishment and development of the institution of municipal land ownership pp. 54-70

DOI:
10.7256/2306-9945.2020.4.33823

Abstract: This article is dedicated to analysis of the processes of establishment and development of the institution of municipal land ownership. Analysis is conducted on the mechanisms of mediation of municipal land ownership as the legal institution of the unified system of distributed over time historical-legal, socioeconomic, and sociopolitical factors of its emergence and evolution, which being interrelated and interdependent formed the fundamental requirements to legal regulation of this legal institutions, as well as determines the vector of its development. The authors believe that establishment and development of the institution of municipal land ownership in the Russian Federation has passed several historic stages, mediated by the unified system of distributed over time historical-legal, socioeconomic and sociopolitical conditions of the emergence and development of the institution of municipal land ownership in Russia. In the authors’ opinion, further development of municipal ownership law in the Russian Federation requires comprehensive modernization and improvements of the Constitution of the Russian Federation, current legislation, including numerous decrees of the President of the Russian Federation, Government of the Russian Federation, as well as other federal and regional government branches, local self-governance, case law of the Constitutional and Supreme Courts of the Russian Federation.
Agamagomedova S. - Monitoring in the financial sector: current administrative and procedural trends pp. 74-83

DOI:
10.7256/2306-9945.2023.4.40654

EDN: MLSTJF

Abstract: The subject of the research is the institution of monitoring in the financial sector. The purpose of the work is to analyze the legal regulation and practice of implementing monitoring in the financial sector and to highlight, based on the analysis, significant administrative and procedural trends in its development. On the basis of combining the categories of tax and customs monitoring, the author singles out the category of monitoring in the financial sector. Based on the analysis of the legal regulation of monitoring in the financial sector in the modern period, the correlation of monitoring with audit and evaluation in the financial sector is highlighted, the connection of monitoring with the processes of digitalization of financial control is substantiated, and administrative and procedural trends in its regulation are indicated. A dedicated monitoring institution in the financial sector is positioned as an instrument of financial control. At the same time, a comparison of the areas of monitoring use allows us to determine that tax monitoring is enshrined in tax legislation as a form of control, and customs monitoring is regulated at the sub-legal level and is still carried out in an experimental mode. The connection of monitoring in the financial sector with audit, assessment and self-assessment is indicated. The conclusion is made about the digitalization of control and supervision in the financial sector as a condition for the introduction of monitoring tools. Attention is drawn to the scientific positioning of monitoring as a way to resolve and prevent disputes in the financial sector.
Akhtanina N.A. - Current directions of improving administrative and legal methods of countering extremism in modern conditions pp. 84-92

DOI:
10.7256/2306-9945.2023.4.44092

EDN: MFMSFW

Abstract: Extremism is a big problem in the public life of citizens. The Decree of the President of the Russian Federation laid down the main directions of countering extremism. However, in the modern world, in which computing technologies and computer equipment are constantly developing and improving, a wide range of opportunities for communication between each other opens up for citizens who are prone to illegal behavior, including for calling for certain kinds of illegal actions. Thus, examining the administrative and legal mechanism of countering extremism, it should be noted that the subjects of counteraction are various state authorities, the key place among which is occupied by internal affairs bodies. Federal Law No. 3-FZ of February 7, 2011 "On the Police" imposed on the police a duty that is expressed in the prevention, detection and suppression of extremist activities of public associations, religious and other organizations, as well as citizens. Preventive work on countering extremism should be carried out at the level of formation of both individual and collective consciousness among various categories of the population, a negative attitude to acts of terror. Work in this direction should be an activity aimed at forming a belief in the unacceptability of these actions in society, non-recognition of such behavior in society, tolerant and humane attitude towards others.
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