NB: Administrative Law and Administration Practice - rubric Administrative enforcement
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative enforcement"
Administrative enforcement
Borisov S.V., Ul'yanov M.V., Lipatova Z.N. - Administrative-legal prevention of crimes of extremist character and the role of public prosecutors office pp. 1-15

DOI:
10.7256/2306-9945.2014.5.13568

Abstract: The article is devoted to the problems of administrative-legal prevention of crimes of extremist character, as they are provided in chapter 20 article 20.28 of Code of Administrative Offences of the Russian Federation (Organization of Activity of a Non-government or Religious Association in Whose Respect a Decision Has Been Taken to Suspend Its Activity), 20.29 (Mass dissemination of extremists materials included into a published official list of extremist materials, as well as their production or keeping for the purpose of mass dissemination), and others, and the prosecutor’s powers realization in the procedures of cases about administrative delinquencies in the sphere of extremist activity prevention. The author uses the general scientific dialectic method and the system approach to social legal problems study. The author offers the abrogation from chapter 13 of the Federal Law “On Combating Extremist Activity” of the part, containing the possibility of consideration of cases concerning the decision about the extremist character of the materials during administrative proceedings, since the administrative responsibility is imposed for the dissemination of extremist materials, which had already been included in the federal list, and it makes it impossible to decide about the extremist character of the materials during administrative proceedings. 
Vinokurov A.Y. - The peculiarities of legal regulation of the participation of a prosecutor in administrative prosecution of persons with special legal status in the Republic of Kazakhstan pp. 8-16

DOI:
10.7256/2306-9945.2016.5.20320

Abstract: The research subject is the specificity of legal regulation of application of administrative and jurisdictional measures against persons with special legal status, and the role of a prosecutor in these procedures, in the Republic of Kazakhstan. The author emphasizes the fact that, unlike the Russian legislation, containing special legislative acts for persons with special legal status, in the Republic of Kazakhstan only one codified legislative instrument regulates these issues. The author applies the comparative method and compares the particular provisions of the legislation of the Republic of Kazakhstan with the corresponding provisions of Russian legislation. This study is the first study in Russia, devoted to the mechanism of application of administrative and jurisdictional procedures to persons with special legal status in the context of the participation of a prosecutor in the Republic of Kazakhstan. The author suggests to adopt the positive experience of Kazakhstan in Russian legislation. 
Sidorov S.A., Pinchuk O.V. - Relevant issues of accounting of catch of marine biological resources by individuals fishing on continental shelf and in the exclusive economic zone of the Russian Federation pp. 12-21

DOI:
10.7256/2306-9945.2019.6.31982

Abstract: The object of this research consists in the peculiarities of accounting catching of marine biological resources. Russian Federation controls the marine biological resources on the continental shelf and in the exclusive economic zone by licensing individuals and companies for usage thereof. The main issue explored here lies in the absence of legal mechanisms allowing verifiably establishing the fact, after which the catch of marine bioresources and fish or other derivative products can be considered illegally obtained (caught). The questions of improvement of legislation in the area of accounting for caught marine bioresources are justified by the growing number of violations in the area of protection of biological resources and the need for establishing active control in this sphere. The author notes that the main cause for UUU (unlawful, unreported, unregulated) fishing lies in the flaws of the normative-legislative base that would regulate the order of accounting of the catch. The existing accounting mechanisms for marine biological resources being caught does not allow timely intervention in the illegal fishing, which causes significant damages to the economic and other interests of the Russian Federation.
Sidorov E.T. - Problems of use of combat and special purpose equipment by the units of the Ministry of Internal Affairs of the Russian Federation in counterterrorism operations pp. 17-28

DOI:
10.7256/2306-9945.2017.1.21653

Abstract: The research subject includes the concept of administrative coercion in the context of a counterterrorism operation in respect of application of weapons and special equipment; compliance of the real capabilities of the participants of a counterterrorism operation with the practical demands; the requirements to combat and special purpose equipment used in antiterrorist activities. The research object consists of the patterns, being revealed during the development of the legal base for the production and application of combat and special purpose equipment by the units of internal affairs bodies and other federal executive bodies in the context of counterterrorism. The research methods include the method of comparative jurisprudence used for the estimation of the compliance of the capabilities of special purpose equipment with the modern demands. The scientific novelty of the study consists in the analysis of the conceptual framework, the proposals about the improvement of the legal framework of combat and special purpose equipment application, and the special requirements to combat and special purpose equipment. The author comes to the following conclusions: it is necessary to unify the legislation, to eliminate the existing contradictions between statutory instruments, and to form a unified conceptual framework.  
Lapina M.A., Truncevski Y., Karpukhin D.V. - Administrative issue preclusion as a way of decriminalization of criminal offences and distinction between criminal offences and administrative offences pp. 24-56

DOI:
10.7256/2306-9945.2015.2.15899

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical  methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude 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 authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative-tortious legislation.
Kostyuchenko K., Korkin A.V. - Cybernetic approach to use of firearms by police officers pp. 25-34

DOI:
10.7256/2306-9945.2017.4.23321

Abstract: The research subject is legal and organizational problems of preparation of police officers to the situations involving use of firearms as one of the forms of administrative coercion. Solutions to such problems lie within the improvement and conjunction of particular aspects of professional training (weapons training, legal training, tactical training, physical training, psychological training, etc.). A conceptually new way to solve these problems is the cybernetic approach based on three fundamental aspects of cybernetics: information, management and organizational. The research methodology is based on such general philosophical methods as observation and modeling, and the method of comparative analysis and the system method. The author considers a cybernetic system, in which the mechanism of decision-making over the issue of use of firearms by a police officer (management object) is a component of the system of official activities and professional training of a police officer (management cycle). The author concludes that all the elements of the system of police officers training for use of firearms should be aimed at the final result – effective and legal use of firearms. To achieve this result, the author offers particular procedures corresponding with fundamental aspects of cybernetics: observation of certain information background during training (situational targets, environment, light, sounds, etc.); appropriate reflection of all elements of the training system in official documents, optimal target setting in the training process.
Sidorov S.A., Pinchuk O.V. - Topical Issues of Creation of Ownership of Water Biological Resources Use Outcomes pp. 28-36

DOI:
10.7256/2306-9945.2019.3.29411

Abstract: The object of the study is water biological resources. Being the objects of wildlife, the water biological resources within the territory of the Russian Federation are considered to be government property. The Russian Federation controls the water biological resources by granting individuals and entities the rights to use them. The author pays special attention to the creation of individuals and entities' ownership of aquatic biological resources. What is more, granting the owner the right to cath of water biological resources by the government implies compliance with the legislation of the Russian Federation in the sphere of fishing. The main methods of research are a general dialectical-materialistic method, general analysis, synthesis, as well as comparative and formal-legal methods. The main conclusions of the study are that the necessary conditions for the legitimate fishing of aquatic biological resources (fishing) by individuals and entities are, firstly, the performance of duties and upholding of restrictions mandatory in the process of implementation of specific activities within the specific type of fishing. Secondly, in case of establishment of the fact of violation of rules and requirements regulating the fishing, the subject of which is water biological resources, a judge, the state agent considering a case of an administrative offense is obliged to make the decision on uncompensated seizure of them and fish production made from them and return them to the lawful owner – the Russian Federation, or on destruction.
Musatkina A.A. - On the issue of the institution of administrative responsibility pp. 30-43

DOI:
10.7256/2306-9945.2015.3.15959

Abstract: The object of the research is the range of social relations in the sphere of functioning of administrative responsibility and the adjacent institutions of measures of protection and security. The subject of the research is the set of norms legitimating the institution of administrative responsibility and the adjacent legal institutions. The author studies the structure of the institution of administrative responsibility, defines its legal nature, distinguishes it from the adjacent legal institutions. The author substantiates the recommendations aimed at the enhancement of legislation and the practice of its application; proves the hierarchical character of the institution of administrative responsibility. The author uses the dialectical, the comparative-legal, the formal-logical methods, the philosophical categories of separate, general and particular, and the laws of transformation of quantitative into qualitative changes, negation of negation and others. The author explains that such types of administrative punishment as suspension of activity are according to their legal nature closer to the measures of administrative protection rather than to the measures of legal responsibility. The paper proves that according to its structure the institution of administrative responsibility in its appearance is similar to the institution of criminal responsibility. It is conditioned by genetic links and the links of coordination and subordination. 
Egupov V.A., Loginov E.A. - Peculiarities of Implementing the Measures of Administrative Proceedings in the Field of Customs Affairs pp. 30-37

DOI:
10.7256/2306-9945.2019.2.29041

Abstract: The subject of the research is the rules and regulations of administrative and customs law, theoretical and law-enforcement practice. The object of the research is the social relations arising in the sphere of implementing the measures of administrative proceedings in the field of customs affairs. The authors of the article describe the essence, meaning and peculiarities of imlementing such administrative measures as administrative detention, delivery, vehicle inspection, arrest of goods, temporary ban of activity and other measures. Moreover, the authors of the article demonstrate the correlation of measures of administrative proceedings. The methodology of the research includes the dialectical method, formal law, analytical, comparative law method and deduction. The novelty of the research is caused by the fact that the authors try to demonstrate peculiarities of activities undertaken by the customs authorities to implement the measure sof administrative proceedings under their jurisdiction. The main conclusions of the research are the following: 1. There is an acute need to develop practical recommendations on how to implement measures for the violation of customs law as well as to provide a better mechanism of their administrative regulation. 2. Essential drawback of the regulation of implementating administrative measures for the violation of customs rules is that Article 27 of the Code of the Russian Federation on Administrative Offences does not have an express reference to the appealability of a particular measure which is a limitation of individual's procedural rights. 
Paukova Y.V. - On the issue of the application of administrative expulsion, deportation and readmission of foreign citizens pp. 38-50

DOI:
10.7256/2306-9945.2022.2.38235

Abstract: The article discusses one of the ways to counter illegal migration the removal of foreign citizens and stateless persons from the territory of the country through the use of administrative expulsion from the Russian Federation, deportation and readmission. The subject is the consideration of the grounds for administrative expulsion, deportation and readmission from Russia to foreign citizens. The purpose of this article is to develop proposals for improving the grounds for the application of the considered types of removal of foreigners from the territory of the country. The methodological basis of the study is a combination of such research methods as formal-logical, comparison, system and complex analysis. Also, formal legal and comparative legal methods were used when writing the work. The reasons for the appointment of administrative expulsion (in the form of controlled self-departure and forced controlled movement across the State border of the Russian Federation), deportation and readmission of foreign citizens from Russia are analyzed. The results of the work can be used in the legislative activity of state bodies. The scientific novelty of the research lies in the author's vision of changing the grounds for making decisions on the removal of foreign citizens from the territory of Russia. The author comes to the conclusion that it is necessary to correct the cases of self-departure and forced displacement of migrants when appointing administrative expulsion, to change the grounds for deportation, establishing its application to persons who have served a sentence for committing an intentional crime against life, health or public safety or who did not fulfill the decision on the undesirability of stay (residence) in Russia within the prescribed period, and also, to carry out the readmission of persons subject to administrative expulsion or deportation if it is necessary to establish their identity and citizenship or transfer them to the competent authorities of a foreign state.
Kostin S.G. - Administrative Activities of the Police to Prevent and Suppress Offenses in the Field of Alcohol Consumption pp. 45-58

DOI:
10.7256/2306-9945.2023.1.38881

EDN: HNOHUJ

Abstract: The subject of the study in this article is the methods of administrative activities used by the police of the Ministry of Internal Affairs of Russia in the course of preventing and suppressing offenses in the field of alcohol consumption. In particular, the author gives a brief description of such methods as "direct administrative coercion", "providing police assistance" and "police supervision", and considers the powers of the police to implement them. Particular attention was paid to law enforcement activities in the studied area in foreign countries, which allowed the author to argue the conclusion about the possibility of integrating a new partnership model of interaction between the police and society into the current domestic legislation Neighborhood Watch. The main conclusion of the study is the assertion that the improvement of the administrative activities of the police in the prevention of offenses in the sphere of consumption of alcoholic products will be facilitated by the integration into law enforcement of a new administrative and legal method (the "Neighbor's Watch" method), which is a set of actions aimed at using state-created social conditions for obtaining information from citizens about the facts of alcohol abuse, providing assistance to persons who are in a helpless state as a result of intoxication, as well as humanizing the procedure for transporting persons who are in a state of alcoholic intoxication to their place of residence. The introduction of this method of administrative activity of the police will make a significant contribution to the implementation of the anti-alcohol policy of the state and ensuring law and order on the streets.
Badulin A.D. - Institution of administrative responsibility and its implementation in the sphere of production and turnover of alcohol and alcohol-containing products. pp. 49-70

DOI:
10.7256/2306-9945.2013.4.8830

Abstract: The institution of administrative responsibility plays an important role in the guarantees of legal order in the sphere of alcohol. According to the official data the more and more juveniles and women are attracted to drinking alcoholic drinks, which is alarming, since is provides for a greater risk of alcohol-related illnesses and the greater degree of negative influence of alcohol upon the upcoming generations. The administrative responsibility in the sphere of production and turnover of alcohol and alcohol-containing products is an administrative coercive measure, which is applied when administrative offences are committed.  Currently a lot of fruitful work was done in the sphere of studies of this important legal category, while there are still many topical issues regarding the nature of material responsibility of the military officers in this sphere.  Administrative responsibility for violation of legislation in the sphere of alcohol is implemented in administrative procedural order via application of sanctions according to the Special Part of the Administrative Offences Code of the Russian Federation as well as the prescriptions of the constituent subjects of the Russian Federation on administrative offences.
Lapina M.A. - Optimal legal methods which provide the harmonization of the system of legal sanctions of administrative and criminal legislation pp. 57-71

DOI:
10.7256/2306-9945.2015.2.15900

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the definition of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. 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 author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation.  dy, is that at the present time to ensure law and order in the housekeeper needs to improve forms and methods of administrative-legal influence on state and non-state sector of the Russian economy. The author concludes about the necessity of reducing the number of types of sanctions, of an increased incentive and in criminal and administrative-tort legislation.
Sidorov E.T. - Problems of the Implementation of the Principle of Legality by Police Officers when Applying Measures to Ensure Proceedings in Cases of Administrative Offenses pp. 58-70

DOI:
10.7256/2306-9945.2023.2.40426

EDN: XLPTII

Abstract: The object of the study is the social relations that arise when police officers apply measures to ensure proceedings in cases of administrative offenses. The subject of the study is the legal norms contained in Chapter 27 of the Code of Administrative Offenses of the Russian Federation. The proposed article analyzes a number of measures to ensure the proceedings in cases of administrative offenses used by police officers in the exercise of official powers. The purpose of the work is to conduct a study of the theoretical provisions and law enforcement practice of the internal affairs bodies on the application of measures to ensure proceedings in cases of administrative offenses and, based on this, formulate proposals and recommendations for improving police activities in this area. As a result of the conducted research, the following conclusions were formulated. 1. Measures to ensure the proceedings in cases of administrative offenses, which are applied by the internal affairs bodies in the implementation of administrative and jurisdictional activities, significantly restrict the rights and freedoms of citizens. 2. Police officers exercising their powers of authority may apply them only on the basis of the Code of Administrative Offences of the Russian Federation, which contains both administrative-legal and administrative-procedural norms. 3. Other laws and by-laws should not contain measures of administrative and procedural support that are not regulated by the Administrative Code of the Russian Federation. 4. The law enforcement practice of the internal affairs bodies in the field of bringing citizens to administrative responsibility shows the need to develop administrative procedures for the application of measures to ensure proceedings in cases of administrative offenses. 5. These administrative procedures (the procedure for conducting a personal search, the procedure for conducting a vehicle inspection, etc.) should be fixed in regulatory legal acts and regulate in detail the procedure for their conduct.
Tregubov I.S. - Issues of Administrative Detention as a Measure of Administrative Procedural Coercion Used in the Field of Internal Affairs pp. 59-72

DOI:
10.7256/2306-9945.2023.1.39679

EDN: GJSFOV

Abstract: The article discusses the essence of measures of administrative procedural coercion with an emphasis on the use of administrative detention. The paper reveals the essence of administrative detention as a measure of a procedural nature. The author concluded that the indication of the law that administrative detention will be applied in exceptional cases is a kind of formality. Every day, hundreds of thousands of citizens, foreign citizens are detained and delivered to the territorial and linear bodies of the Ministry of Internal Affairs of the Russian Federation. Therefore, it is not necessary to say that this administrative detention is some kind of exceptional (rare) measure of administrative influence. Based on this, administrative detention requires proper procedural and organizational support. The author analyzes different points of view regarding such a measure of administrative procedural coercion as "administrative detention", identifies the criteria that form the basis of this classification, depending on the duration of the administrative detention and the subject to which this impact will be applied. The article draws attention to the organizational and procedural problems of administrative detention, makes proposals for their elimination, and also makes proposals for fixing in the Code of Administrative Offenses of the Russian Federation, another measure to ensure proceedings in cases of administrative offenses, which is necessary to improve the effectiveness of administrative detention. Also in the work carried out the ratio of such measures as: "delivery" and "administrative detention".
Uporov I.V. - Public order protection by the provisions of administrative law: legislation of the Russian Empire deserves more attention pp. 79-88

DOI:
10.7256/2306-9945.2014.6.14179

Abstract: The article discusses the problem of insufficient use of the experience of the legislation of the Russian Empire by a modern Russian legislator in the sphere of public order protection by the provisions of administrative law. In this context the author analyzes the Charter of the penalties imposed by magistrates of 1864 and compares it with the current Code of Administrative Offences. The study identifies a number of norms of the Charter which should be used in relation to the existing administrative law. This applies to the inclusion in the Code of Administrative Offences of such compositions as a violation of order in public meetings, obscene actions, begging with insolence and rudeness, use of children for begging, and others. In this context the author states, inter alia, that the formula of disorderly conduct contained in Art. 20.1 of the Administrative Code is too general, outdated, and needs to be clarified. The author comes to the conclusion about the need for a better use of the legislative experience of the Russian Empire in the protection of public order by the provisions of administrative law.
Lapina M.A. - Regulation of jurisdictional activity of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions pp. 109-128

DOI:
10.7256/2306-9945.2015.4.16508

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of financial control. The author carries out theoretical and legal analysis of the federal legislation which characterizes jurisdictional authorities of control and account bodies of external public audit (control); the elements of this legislation don't conform to each other from the viewpoint of application of budget measures of coercion and the possibility to reveal, prevent and impose administrative liability for administrative offences in the public finance sphere. The opportunity from July 2013 to apply fiscal measures of coercion, to draw up a Protocol of administrative violation and to pass it to special departments of Executive authorities or courts, does not provide the full special administrative-jurisdictional status of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions. The article substantiates the need to improve federal legislation in order to achieve harmonization of coercive measures in the public sector and the authorities of external public audit bodies contained in the Budget Code of the Russian Federation and the Code of administrative offences. The methodological basis comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.).The author concludes that at present it is necessary to amend the legislation on control and account bodies with such principles of activity as planning and efficiency, responsibility, coordination of actions with other bodies of financial control, officials' competency and information transparancy. The article presents the author's position on the increase of the period of limitation for administrative liability imposition in the sphere of public finance. The author comes to the conclusion about the necessity to provide control and account bodies with the right to consider administrative cases in budget sphere. 
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