NB: Administrative Law and Administration Practice - rubric Administrative law, municipal law and human rights
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative law, municipal law and human rights"
Administrative law, municipal law and human rights
Savoskin A.V. - The category of applicants according to the Federal Law On the Procedure of Citizens Applications Consideration: types and peculiarities pp. 16-31


Abstract: The article is devoted to the analysis of the category of applicants as subjects of applications, but it doesn’t consider the problem of addressees. Besides the traditional applicants – citizens and groups of citizens, the article analyzes the new subjects – “citizens’ associations, including juridical persons”, and the reasons for including of this two-part formulation into the Federal Law “On the Procedure of Citizens’ Applications Consideration”. The author studies the foreign experience of juridical persons normative inclusion in the category of subjects of law on application. The author studies the problem of the subject of application legal competence, including the question of its presence at different types of applicants. The publication is based on the general scientific dialectic method. The special methods used are: the system-structural method, the formal-juridical method, and the logical and comparative-legal methods. The author substantiates the separation of three independent types of applicants: individual, group of individuals, and organization (association of citizens and juridical person). It is stated that in constitutional legal sense an applicant is always an individual person (not a public one), but neither public authority bodies nor their officials. Organizations’ applications analysis had proved that the constitutional right on application belongs not to each particular member of the collective, but only to the association, i.e. it is not the sum of individual rights on application. The author offers the measures to enhance the legislation, and explains the notions “public individual”, “applicant”, and some others. 
Admiralova I.A. - The peculiarities of enforcement of rights and freedoms of citizens in the activities of German police pp. 19-25


Abstract: The paper considers the problems of rights and freedoms of citizens enforcement via the administrative and legal mechanism of activities of police in Germany; the author pays attention to the constructive components of this mechanism and formulates the proposals about the introduction of the positive experience of Germany and the European countries in Russian legislation. The author emphasizes the fact that the enforcement of rights and freedoms of citizens in the administrative activities of police in Germany is implemented via the legal regulation mechanism which helps combine different legal instruments in a certain set, channel them and, eventually, subordinate them to the interests of the person, the society and the state. The research methodology is based on the dialectical method of cognition. The applied system and activity approach allow considering the mechanism of administrative and legal enforcement of rights and freedoms of citizens in the activities of German police from the position of detection of patterns and linkages typical for its structural components. The system nature of risks determines the necessity of scientific development of the conceptual grounds of administrative and legal enforcement of rights and freedoms of citizens by the police. Such a development allows detecting the novelty of the study and working out the recommendations for the creation of the conditions for the enforcement of rights and freedoms of citizens in the process of implementing particular forms of administrative activities by the police using the example of Germany. 
Ryzhov V.B. - Legal regulation and government regulation of the behavior of minors on the Internet: foreign experience pp. 24-30


Abstract: This research is dedicated to examination of the systems of legal regulation and government regulation of the activity of minors on the Internet. The novelty of this works is substantiated by introduction of new empirical material into the scientific discourse. It is stated that practice of the developed countries is characterized with normative consolidation of heightened obligations of business structures that render Internet services and access to digital infrastructure.  The practice of mandatory age verification of the consumers became widespread among commercial structures. The scope of responsibilities of oversight bodies with regards to activity of website owners, providers, mobile operators, sellers of gadgets and other equipment, cultural and educational establishments that provide Internet access to minors has been significantly increased. The described measures in regulation of the Internet activity of minors also suggest parental assistance. The author comes to a conclusion that the established in foreign countries system of legal regulation of the behavior of minors on the Internet, as well as the existing practice of social life in this sphere, may be implemented by the Russian Federation into national legislation.
Maslyakov V.V., Portenko N.N., Pavlova O.N. - Vaccination against coronavirus: legal issues pp. 28-34


Abstract: This article examines the legal issues related to voluntary vaccination against the novel coronavirus infection COVID-19. It is noted that usage of contract with regards to mandatory vaccinations against coronavirus is impossible, as from the legal perspective, signing a contract is voluntary. Therefore, it is necessary to issue the corresponding legislative act that would not only establish the responsibility, but also ensure right for protection of biological database. There is also a need to settle the matter pertaining to storage of the collected biomaterial, as well as monitoring of the process of testing mass vaccination. There are currently no legislative acts on this issue, which necessitates the development of normative legal acts thereof. The article reviews the legal issues related to voluntary vaccination against the novel coronavirus infection COVID-19. There yet multiple unresolved legal issues regarding the application of new vaccine, requirements for its transportation, and storage of biological materials. It is underlined that if a pedagogue, medical employee, or sales person are not vaccinated against coronavirus, the suspension of this category of citizens or refusal to hire is currently unlawful. This is substantiated by the fact that in order for vaccination against any infectious disease (including COVID-19) to be mandatory, it is essential to make amendments to not only the aforementioned legislative act, but also to the framework law of 11.11.2011 No. 323-FZ “On the Fundamentals of Protection of Public Health in the Russian Federation”. These legislative acts should ensure the rights of citizens for refusal of medical treatment overall, as well as refusal of preventive vaccinations in particular.
Akopdzhanova M. - Legal provision of the institute of compensation for the violation of right of adjudication implementation within reasonable time pp. 32-36


Abstract: The existing Russian legislation provides the mechanisms of protection of citizens' rights of implementation by the officials of adjudications, delivered in favour of those citizens, aimed at securing of their rights and interests, within reasonable time. The article is devoted to the legal mechanisms of such securing, the questions of making answer for the violation of the right of adjudication implementation within reasonable time, for the officials obstruction of this implementation. The article considers the questions of criminal liability for the crime mentioned, the objective and subjective corpus delicity indications. The methodological base of the research is the complex of general and specific scientific methods of the objective social and legal reality understanding in the area studied: analysis, synthesis, systematization and generalization, formal logical method. The article studies the most important aspects of application of the existing Russian legislation norms directed to the provision of citizens' rights of timely implementation of adjudications devoted to their rights protection. The article analyses the norm of the criminal law containing the responsibility for the violation of the requirement. The conclusions of the article can be helpful for the law enforcement bodies during investigation of cases of a respective category, for students, postgraduates, and everyone interested in jurisprudence. 
Kostennikov M.V., Kurakin A.V., Myshlyaev N.P. - Identification of a subject of an administrative offence pp. 62-80


Abstract: The article is devoted to legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions about the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions towards the interpretation and legal regulation of these categories. 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) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia. 
Korsun K.I., Zadorina M.A. - The global "epidemic" of loneliness: measures of state support for single people pp. 64-73



Abstract: The modern development of digital technologies has led to the fact that absolutely all spheres of human activity have been transferred to the virtual space. Many state and political institutions are also moving to an online format (elections, judicial proceedings, municipal polls). The lack of "live communication" and the dominance of communications in the virtual environment have led to the problem of loneliness. The authors pay special attention to the world practice of combating this problem. The subject of the research: scientific works of Russian and foreign scientists devoted to the problems of social isolation and loneliness, normative and policy documents on the implementation of social policy in Russia and foreign countries, information and analytical materials of authorities and organizations containing statistical and other information on the research topic.The methodological basis of the research consists of general (analysis, synthesis, induction, deduction, comparison) and private scientific (specifically sociological, statistical), as well as special legal (comparative law) methods of scientific cognition. The scientific novelty of the work consists in the strengths and weaknesses of existing methods of combating loneliness at the state level identified on the basis of an analysis of the practice of applying state support measures for lonely people in the UK, South Korea, Japan and Germany. A special contribution of the authors to the study of the topic is the study of the Russian practice of implementing measures of state support for single people in conjunction with the assessment of demographic indicators of the level of population growth in Russia, registered marriages and divorces, as well as formulated proposals for improving public administration in the social sphere. The authors conclude that people have forgotten how to build longterm strong relationships and, as a result, modern society is infected with an "epidemic" of loneliness, the consequences of which pose a threat to the development of the country and the well-being of the population.
Kostennikov M.V., Kurakin A.V., Tregubova E.V. - Constitutional Right to Conduct Peaceful Meetings, Gatherings, Demonstrations, Marches and Picketings and Administrative Responsibility as a Way to Enforce it pp. 82-105


Abstract: Reinforced administrative responsibility for violation of law in different fields of state administration leads to the growth of importance of a relevant form of legal responsibility as a mean of law enforcement. The authors of the present article describe peculiarities of administrative responsibility for violation of the law on gatherings, meetings, demonstrations, marches and picketings. The authors also describe diffrent forms of public events and offers various classifications of these events. The most important feature of administrative offence is the danger it creates for the society. The authors state that differentiation of administrative offences from other violations is the first and the most important priority of a law enforcement official. The authors' classification of public events allows to see their diversity. This is very important for selecting a proper mean of legal responsibility to apply to the event organizer and participants. 
Agamagomedova S. - Customs Post-Control of Goods Containing Intellectual Property Items pp. 105-121


Abstract: Today we are facing the growing importance of customs control of released goods. The Federal Customs Service defines the control of goods after their release or so called 'post-control' as one of the strategic activities of the Russian Federation customs authorities. Modernization of the system of customs control of goods after their release is aimed at achieving the balance between simplification of customs procedures that guarantee timely inflow of financial funds into the federal budget as well as prevention of violations in the sphere of customs. The author of the article views particular aspects of the control of goods after their release as part of the process of protection of intellectual property rights. The main problems in this sphere include a rather limited number of administrative sanctions applied on the basis of results of control of intellectual property items after their release as well as the length of such control. The author of the article makes a conclusion that customs control of intellectual property items after their release can be a very effective measure in terms of cooperative activities with other state authorities and interdepartmental interaction between customs authorities. 
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