NB: Administrative Law and Administration Practice - rubric Administrative law, municipal law and security
NB: Administrative Law and Administration Practice
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > Editorial board > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

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.
Andreev P.G. - Prevention of victimization in the area of road traffic pp. 1-8


Abstract: The subject of this research is the preventive measures aimed at elimination of victimization that within the framework of road traffic in the Russian Federation. The object of this research is the social relations of victimhood that arise among all road users. The author carefully examines such aspects of the topic as forms of victimhood in the area of road traffic, measures that should be implemented for elimination of victimization in the area of road traffic, and provides practical example of victimhood caused by road accident. Special attention is given to preventive measures aimed at elimination of victimization in the area of road traffic in the Russian Federation. The main conclusion lies in the statement that from the practical perspective, the effectiveness of preventive measures aimed at solution of the problem of victimization lies in the interest of the road users in maintaining safety through the appearance of the consequences of road accidents, stiffening of penalties for breach of legislative regulations, realization of responsibility both for one's self and loved ones. The author’s special contribution consists in providing definition to the two forms of victimhood in the area of road traffic: 1) careless, caused by unintentionally by lack of experience of road users, substantiated by situational behavior of persons with poor sense of spatial environment; 1) reckless, caused by neglecting the road traffic regulations, provocative behavior on the road. The novelty of this work consists in the use of the relevant legal precedent that describes the victim side of road users.
Zajkova S.N. - Priority directions of ensuring transport security (based on the analysis of strategic planning documents) pp. 13-25


Abstract: The relevance of this study is due to theoretical and practical needs in establishing consistency of goals, objectives and a set of measures to ensure transport security as one of the components of the national security of Russia. The purpose of the study was an attempt to identify priority areas for the development of public administration and Russian legislation in the field of transport security on the basis of strategic planning mechanisms. Research objectives: to analyze strategic planning documents for the period from the adoption of the law on Transport security to the present (2008-2021); to determine the interconnectedness of strategic and sectoral goals and priorities for ensuring transport security contained in various legal sources; to develop proposals to clarify the provisions of strategic and program documents in the field of security and the transport industry. The analysis made it possible to draw conclusions that the priority direction of the development of public administration and Russian legislation in the field of transport security until 2024 is to increase the level of anti-terrorist protection of transport infrastructure facilities and vehicles through the introduction and use of space and information technologies, as well as through the creation of intelligent transport systems that ensure the transport connectivity of the country. The author proposes the development of a transport security strategy of the Russian Federation, the adjustment of a comprehensive transport security program and a schedule of activities of the Ministry of Transport of Russia for the implementation of strategic planning documents until 2024. The novelty of the study is determined by the formulation of the problem and lies in the fact that it is a comprehensive analysis of strategic planning documents adopted at the federal level and aimed at solving tasks to ensure the national security of the country.
Koroleva E.G. - Legal regulation of the use of unmanned vehicles in the Russian Federation pp. 13-22



Abstract: The object of the study is a set of public relations in the field of road safety when using unmanned vehicles on public roads. The subject of the article is international and national legal norms regulating public relations, which are formed in connection with the introduction and use of unmanned vehicles on public roads. The purpose of this work is to study domestic legislation and the practice of using unmanned vehicles in road traffic, as well as to formulate proposals and recommendations for improving current legislation in this area. Particular attention is paid to the fact that since the idea of creating unmanned vehicles and its subsequent use on public roads, both in the Russian Federation and in other countries, the question arises of changing the regulatory framework governing the process of road traffic in the context of increasing widespread digitalization. In preparing the work, general scientific methods of scientific cognition were used, such as dialectical, logical, systemic, as well as special methods: comparative legal, formal legal. The author comes to the conclusion that the legal regulation of the use of unmanned vehicles is an urgent and important topic, because it is an innovative area that has the potential to change the transport industry and influence existing traffic rules and regulations. To do this, it is necessary to use an integrated approach to the legal regulation of the use of unmanned vehicles on public roads. First of all, it is necessary to develop a national standard "On unmanned wheeled vehicles", which should contain both the technical requirements for BTS and the requirements concerning the safety of the hardware and software control complex for such vehicles. In addition, it is necessary to adopt a law containing the basic concepts, terms, definitions, rights and obligations of developers and operators of BTS, and on the basis of this law to develop and amend existing regulatory legal acts regulating road safety and legal responsibility.
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., Trofimov O.E. - 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. 
Bylinin I.A. - Control (supervision) of road safety in the paradigm of the ongoing administrative reform pp. 26-37


Abstract: The subject of the study is the normative legal acts regulating the activities of state authorities for the control (supervision) of road safety, law enforcement practice, the study of author's points of view on improving control and supervisory activities. The object of the study is the social relations arising during the control (supervision) of citizens and organizations engaged in activities in terms of compliance with mandatory requirements in the field of road safety.The purpose of the study is to improve legislation in the field of state control (supervision) by state authorities, to prevent, detect and suppress violations of mandatory requirements, through the prevention of violations, assessment of compliance by citizens and organizations with mandatory requirements, identification of their violations, as well as taking measures to curb the identified violations of mandatory requirements. В  The scientific novelty of the article consists in the proposal of additions and amendments to the current legislation on state control (supervision) and the presentation of Article 2 of Federal Law No. 248 -FZ "State Control (Supervision) and municipal Control" in an amended version. The amendments will make the mechanism of state control (supervision) of persons carrying out activities in accordance with the requirements more transparent and accessible in terms of pre-trial appeal. The controlled person should have the right to choose to file a complaint. The study used universal dialectical, logical, formal-legal, comparative analysis, hermeneutic methods.
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.
Mikhaleva I.S., Sergunova A.S. - The subject of liability in road traffic accident involving a highly or fully automated vehicle pp. 36-47


Abstract: The object of this research is the system of socio-legal relations in the sphere of ensuring road traffic safety. The subject of this research is the legal norms that regulate the administrative-legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The goal of this article consists in the analysis of the normative framework that regulates operation of automated vehicle on the road, as well as the administrative-legal status of the driver of such vehicle. Analysis is conducted on the foreign experience, federal legislation, bylaws and departmental acts pertaining to consolidation of the the legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The novelty of this work is defined by practical and scientific relevance of the problems of the activity of law enforcement agencies in the area of ensuring road traffic safety, as well as the need for improving the legal framework that regulates the authority of the Russian police. The acquired results can be used in legislative activity of the government branches, activity of the law enforcement agencies, educational institutions, scientific research of the experts dealing with the problems of ensuring road traffic safety, improvement of the branches of Russian legal system.
Zajkova S.N. - Transport security within the structure of national security of the Russian Federation pp. 37-47


Abstract: In view of the fact that transport continues to be appealing for committing unlawful acts, including terrorist attacks, the improvement of the forms and methods of managing transport sector remains a relevant topic of scientific research. The genesis of the Russian administrative-legal mechanism for ensuring transport security has its own peculiarities associated with the origin and development of state administration in the sphere of security, as well as in transport sector. Examination of the key trends and objective patterns of this process would allow modifying the existing legal regulation on the questions of security of the transport sector, taking into account the available experience, as well as historical trial and error. The article aims to determine the place of transport security within the structure of national security of the country. Comparison is conducted on the national security and transport security, as well as on the common and specific in state administration and legal regulation. The conclusion is made that the transport security is an integral part of national security of the country; therefore, the goals set by the government with regards to transport security contribute to comprehensive achievement of the goals of national security. Despite the exclusive competence of the Russian Federation in the sphere of security, there is practical legal regulation of certain issues of ensuring security, including transport, on the regional level. Special attention is given to the differences in normative legal regulation of national and transport security. The author introduces the original definition of the concept of “legislation of the Russian Federation in the sphere of transport security”, and substantiates the need for making amendments to the Federal Law “On Transport Security”. The scientific novelty is determined by articulation of the problem and consists carrying out special analysis of the legal regulation of relations in the sphere of ensuring national and transport security.
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.
Agamagomedova S. - Bringing to administrative responsibility in the field of traffic on the basis of data obtained using photo and video recording pp. 106-119



Abstract: The subject of the study is the procedure for bringing to administrative responsibility in the field of road safety based on data obtained using photo and video recording. Based on the analysis of the use of photo and video recording tools to identify violations in the field of road traffic as the most common category of such offenses in practice, the author highlights the specific features of the procedures for bringing to administrative responsibility based on photo and video recording data. The author considers the strategic priorities and results of the use of photo and video recording in the field of traffic, procedural features and problems of such use, suggests ways to solve the identified problems. Dialectical, logical, historical, statistical, formal-legal methods were used as research methods. The results of the study were the author's position on the strategic priorities and domestic practice of using photo and video recording in the field of road traffic, the features of the procedures for bringing to responsibility based on the testimony of such means. Based on the analysis of domestic and foreign practice, two approaches to digitalization in ensuring road safety have been identified: an approach based on technical assistance to the driver in ensuring safety, and an approach aimed at fixing the situation on the roads. It is concluded that the system for ensuring road safety that has been formed in Russia today is based not on driver assistance, but on mechanisms for detecting violations in order to bring them to administrative responsibility. The latter in the field of traffic has a fiscal focus, which is contrary to the basic goals of administrative punishment.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.