NB: Administrative Law and Administration Practice - rubric Administrative law, municipal law and security
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative law, municipal law and security"
Administrative law, municipal law and security
Moshkina N.A. - Legal Nature of Inspection as a Form of Control: Administrative and Customs Aspect pp. 1-24


Abstract: Article is devoted to consideration of the legal nature of examination. The choice of research of this form is caused by the special importance of the specified action in activity of executive authorities, in particular customs authorities as during examination the most part of customs and administrative offenses is opened. The conclusion that examination has two aspects locates: administrative and customs. On the one hand it is applied as a form of customs control, with another - as a measure of administrative coercion. The author presented own classification of customs inspection, its purposes and a task are defined. In article the special attention is paid to personal customs inspection as this form of control is applied only in exceptional cases that is caused by ensuring the rights and freedoms of the person and the citizen. The author offered own scientific definitions of studied concepts that is the undoubted advantage of this work. The conclusion is as a result drawn on a duality of the legal nature of examination.
Sheykhov M. - Modern Approach to the Concept of National Security pp. 15-22


Abstract: In recent years we have witnessed a fundamental changes in the understanding of security, and in many ways these changes affect each of us. Today Russia is fighting in Syria, the Russian military are present in the Donbas, extremely tense relations with Turkey. Almost every day in the news there are reports about clashes involving migrants, especially in European countries. Boeing with Russian tourists, crashed last October over the Sinai Peninsula, shows that at any time and in any place possible mass terrorist attack. We see that the classical war as a threat to national security today is less likely for the average man in comparison with the danger of clashes with migrants or the possibility of a terrorist act. What is national security today? How to ensure security not only at national but also at the mundane level? How to reflect these in legislation? These and other questions are the subject of this article.
Berezhnova N.D. - Legal, social and psychological functions of influence upon the social environment of penitentiary community in special conditions. pp. 18-27


Abstract:  The article concerns legal, social and psychological functions in the influence upon the social environment of the penitentiary community in special conditions.  The guarantees of prevention of certain factors for criminogenic situations also include a range of certain functions.  The author offers means for lowering the level of aggression among the convicts.  The article analyzes the possibilities for their use, at the same time, the new directions in efficient supervision are proposed.  The social and psychological prevention of  penitentiary violence is concentrated upon the active and targeted neutralization of anti-social events and matters in penitentiary institutions.  Based upon the above-mentioned matters the author offers a number of changes in the work of administrations of penitentiary institutions. When discussing prevention of violent crimes in penitentiary institutions, the article also touches upon the problem of necessary control over the prohibited objects being obtained b y the convicts, since delivery of such objects involves not only convicts themselves, but also their acquaintances and relatives, as well as the personnel of the penitentiary institutions. Guarantees of preventive activities are based upon taking measures in certain working directions. 
Kostennikov M.V., . - Legal Regulation of Transport Safety and the Role of Police in Providing It pp. 18-52


Abstract: The modern period in development of transport and transportation infrastructure sets new goals aimed at establishing an integrated system of transport safety. Thus, in 2012 accident rate grew by 10% for motor vehicles grew, by 3.4 % for air and water transport and by 5.6% for railway transport. Annually  about 100 thousand people decease as a result of transport accidents in the Russian Federation. All these data prove there is a need to improve administrative and legal regulation of activities conducted by federal executive authorities in the sphere of transport safety. Safety issues of the personality, society and the state have always been in the center of attention of the state and civil society. Economical globalization, terrorist threats and unstable financial and political situation in many countries bring out questions of global safety in a diffrent light including those in the sphere of transport functioning. 
Kostennikov M.V., Maksimov S.N. - Principles of economic safety ensuring in administrative law pp. 21-29


Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of economic safety. The authors analyze the concepts of legal regulation of economic relations from the position of administrative-legal regulation of their safety ensuring. The paper demonstrates the authors’ positions on the concept 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 authors analyze the concepts of development of law and economics in the modern situation. The paper shows the authors’ positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The authors state that it is necessary to develop administrative-legal regulation of economic safety. The paper contains the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of Russia’s economy. 
Andreev P.G., Bylinin I.A. - Legal Aspects of Federal State Supervision Activity in the Sphere of Road Safety When Running Transport Vehicles, Problems and Solutions pp. 22-29


Abstract: The subject of the research is the statutory regulations that ensure the compliance with the technical requirements of vehicles, control and supervision over technical inspection of vehicles. The object of the research is the social relations arising in the process of federal supervision over legal entities, independent entrepreneurs, and road users complying with the requirements for tchnical operation of vehicles. The author of the article analyzes state control (supervision) over observance of road safety legal acts that set forth requirements for the design and technical condition of vehicles, vehicle trucks and supplements. The methodological basis of the research includes formal law, analytical and systems methods, analysis, synthesis, modelling, and comparison. The main conclusions of the research are the following: current road traffic rules that regulate the state control over observation of requirements for the operation of the vehicle are not complete yet, thus to avoid the penalty it is necessary to impose responsibility for drivers of all kinds of vehicles for non-passing the vehicle inspection. There is also the need to clarify the definition of 'state technical supervision of vehicles'. In this research the authors analyze definitions of 'state technical supervision' and 'technical supervision of vehicles'. The novelty of the research is caused by the fact that the authors suggest to apply the definition of state technical supervision of vehicles to vehicles owned by legal entities and independent entrepreneurs that perform passenger and freight service. Within the framework of this research, based on the in-depth analysis of associated legal provisions in the sphere of road traffic safety, the authors make recommendations on how to improve the administrative law in the aforesaid sphere. 
Khristinich I.V. - Prosecutorial action in response to violations of fire safety laws pp. 30-62


Abstract: This article briefly describes and analyzes current prosecutorial response measures. Besides the well-known measures as provided by law, it lists measures contained in the administrative documents of the General Prosecutor of the Russian Federation, which are also used in prosecutorial practice, but which are rarely mentioned in the literature; most of these responses are not known. The article reveals the role of the prosecutor in the implementation of legal supervision and highlights deficiencies that need to be addressed with the regulation of its conduct. The effectiveness and particulars of the application of prosecutorial response measures, as well as their disadvantages, are explained by way of recent examples of prosecutorial oversight audits of the enforcement of fire safety laws. The article concludes that the prosecutor's actions in response to violations of fire safety laws are different from the responses of government authorities (supervision). In particular, prosecution response measures apply more broadly and extend to offenses dealing with fire safety, as permitted by business entities and supervisory government authorities.
Narutto S.V. - On the issue of changes in the state border. pp. 35-50


Abstract: The article concerns the problems of changing the state border, when the territory of a state becomes smaller or larger.  The author notes that it is natural for the state to aim for inviolability of state borders and stability of their regime, since they serve as guarantees of security of the state, prevention of territorial disputes and conflicts, formation of cooperation with the other states. At the same time, the territorial disputes do exist and they are often used for the involvement into the internal affairs of other states. Attention is paid to the fact that currently the process of formation of treaties regarding some areas of the state borders of the Russian Federation is not completed, and there are still unsolved territorial problems. The author points out the disputable territories of the Russian Federation. Discussing the issues of changes in the state territory the author provides for the sovereign expression of will of all of the people in the state or part of the territory undergoing the transfer together with the agreement among the interested states as the legal basis for such a change. In order to change the territory of a constituent subject of the Russian Federation before the conclusion of an international treaty an obligatory element is finding out the will of the people within the territory, where an administrative border may be changed.
Kalinin G. - On the issue of organizing fighting terrorism and biological security guarantees in the veterinarian sphere. pp. 44-49


Abstract: In last two decades the Russian Federation have been facing a problem of organizing the fight against various manifestations of the terrorism threat.  The Federal Service for Veterinarian and Vegetation Sanitary Supervision provides supervision over the physical protection of the sources of especially hazardous organisms. However, there are problems with the practical implementation of this problem. The Territorial Divisions of the said Federal Service had to solve this problem independently and develop the methods for supervision over such objects.  Control and supervision once every three years is obviously not sufficient for the dangerous objects, which may be subject to terrorist attacks.  It is not clear what is understood as "especially hazardous organisms".  The veterinary legislation lacks both the definition of "physical protection" and the criteria for its application towards the veterinary supervision objects.  The procedure for this type of supervision should be clearly regulated.
Mironov A.N. - Imperfection of the legislation on citizens involvement in public order protection pp. 61-69


Abstract: The research subject is the Russian legislation on citizens involvement in public order protection. The author analyzes the Federal law of 02.04.2014 No 44 “On citizens involvement in public order protection” with respect to a possible realization of its particular provisions; offers the author’s understanding of certain moments, which can allow improving this regulatory instrument. The paper presents the author’s positions on enhancing the guarantees for the persons, involved in public order protection, by criminal and administrative legislation. The research methodology includes general methods of cognition and traditional legal methods. The validity and reliability of the research results are determined by the application of the approved research methods, presupposing the complex study of the problem. The author concludes that the adoption of the Federal Law No 44 is the example of a poorly thought-out legal act, the application of which should be estimated during the practice. The author’s proposals can help eliminate some of the existing drawbacks of the legislation on citizens involvement in public order protection. 
Vinokurov A.Y. - Security of professional activites of a lawyer. pp. 64-72


Abstract: The article contains an attempt to introduce the term "professional security" as one of the types of security in human activities. It is stressed that lack of professionalism or anti-social views and positions of lawyers may be harmful to people, society and states, and the author discusses the possible ways to avoid it.  According to the official data and the opinions of people most of the lawyers perform their professional duties at a high professional level, possess formidable moral quality and their authority is recognized by the people. The professional and moral qualities necessary for a lawyer can be gained in the process of studies and education of students in the higher professional education institutions.  The conclusion is made that legal education should be profoundly modernized, and the negative elements serving as obstacles in its improvement should be eliminated.  All of the practically tested forms and methods of teaching and education should be used to a full extent in order to improve professionalism of lawyers and improve the quality of their professional activities as one of the means of support of rule of law in the state and its regions.
Dresvyannikova E.A. - Road safety as a component of national security pp. 65-78


Abstract: The subject of the study includes the urgent questions of the national strategy of the Russian Federation in the field of road safety. The study is aimed at the evaluation of the existing mechanisms of the national strategy of the Russian Federation in the field of traffic. The objectives of the study: a) review of the legislation dealing with the questions of the national strategy of the Russian Federation in the field of road safety; b) evaluation of the effectiveness of implementation of the state policy in this area; c) proposals to improve particular provisions of the national strategy of the Russian Federation in the field of road safety. The author highlights some issues reflecting the necessity to change public attitude to road safety, and above all to inequality on the road which is a powerful destabilizing factor.The methodology of the research is based on the modern achievements of epistemology. The author uses the general scientific methods (analysis, synthesis, deduction) and the special scientific methods (the formal-logical and the comparative-legal methods). The novelty of the research lies in the fact that the author has suggested the specific measures of the existing administrative-delictual legislation enhancement aimed at both its further optimization in the realm of lawmaking and law enforcement and the state policy in the sphere of road traffic safety provision execution. 
Astanin V.V. - Fighting corruption and compensation of damage caused by corruption. pp. 88-99


Abstract: The article concerns topical issues of fighting corruption within the framework of modern legislative and political legal solutions regarding guarantees of prophylactics of corruption manifestations and implementation of restorative measures. The author analyzes shortcomings of law-enforcement regarding assignment of manyfold fines as punishment. The author also notes the obstacles to the application of civil law measures for responsibilty for corruption offences.  The existing defects of anti-corruption legislation are viewed as one of the sources for determination and development of criminal threats (organizes crime, drug crime, money laundering), and other matters closely related to corruption (non-payment policy, underfinancing, non-fulfillment of state contracts). The perspective approaches towards prevention of corruption and implementation of a wide range of restorative measures requires amendments to the legislation and optimization of legal practice (including interrelations between civil and criminal law measures). It is stated that fighting corruption in an unusual civil law dimension may be regarded as a special-purpose capital, allowing for efficient counteraction against criminal threats and challenges, which are based upon use of corruption ties.
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