NB: Administrative Law and Administration Practice - rubric Issue of the day
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Issue of the day"
Issue of the day
Kravtsov D.Y. - Counterterrorism Practice in Various Countries pp. 22-28


Abstract: The subject of the study is the legal framework and law enforcement of the counterterrorism practice in various countries. The subject of the study is the complex of social relations, emerging between the authorities, aimed at counterterrorism. The author emphasizes that the study of international counterterrorism practice is highly important for the development of administrative and law enforcement methods and forms of counterterrorism. The article observes the peculiarities of the global counterterrorism experience that Russia must take into account to develop the administrative and law enforcement measures used in counterterrorism. The methodological basis of the study consists of the complex of general and specific scientific cognition methods (formal and legal method, analytical method, regulatory and logical method, as well as the systemic method and others). As a result of the research, the author concludes that in any state the challenge of prevention of extremism activity is complex. Almost all countries take comprehensive measures in both social and economic areas to prevent extremism and develop the anti-extremist ideology. The author highlights the need to activate the interstate cooperation in this field, to accumulate the global counterterrorism experience, and to create the unique international legal and regulatory framework in this field. 
Shcherbakov O.N. - The State of the Current Russian Federation Laws Regulating Participation of Citizens in the Enforcement of Public Order pp. 31-41


Abstract: The subject of the research is regulatory legal acts and law enforcement practice of citizen participation in the protection of public order.The object of the research is public relations related to the participation of citizens in the protection of public order. The author examines the content of regional and federal legislation on the participation of citizens in the protection of public order. Particular attention is paid to the possibilities for citizens involved in the protection of public order, physical force to prevent crimes and administrative offenses, including the detention of persons who have committed them, as well as the implementation of preventive measures. The methodological basis of the study is the the dialectical analysis. The author has also applied statistical, formal-logical, comparative analysis, and comparative legal methods. The main conclusions of the conducted research are the following: the system of crime prevention is implemented in the framework of the practical activities of state prevention subjects with the participation of individuals, public associations and other organizations; the substantive part of regional legislation on the issue of citizen participation in the protection of public order is the actual copying of the law “On the participation of citizens in the enforcement of public order” without taking into account the peculiarities of the region of law enforcement; powers of citizens participating in the protection of public order prevents them from exercising their legal functions to curb offenses, safeguard the scene of the incident, and ensure the preservation of physical evidence in cases accompanied by active disobedience and opposition from offenders.
Shcherbakov O.N. - Training People's Squads for Public Order Measures: Theory and Practice pp. 32-37


Abstract: The subject of the research is the legal acts and law-enforcement practice of people's squads and their role in the public order enforcement. The object of the research is the social relations related to the participation of people's squads in the public order protection. The author of the article examines such issues s the organisational aspects of training people's squads for public order measures, in particular, training people's squads to act under conditions when the first aid is needed. The methodological basis of the research is the dialectical research method. In the course of writing the article the author has also applied statistical, formal law method, comparative analysis, comparative law methods. The main conclusions of the research are as follows: taking into account time standards, gender and age peculiarities and diversity of physical and professional training of individuals, it is practically impossible to teach the people's squads specific skills like capable opposition to wrongdoings. Thus, it is necessary to teach the first aid and to act properly in situations when physical force has been applied.   
Solovyev A.A. - General Description of the Legal Status of Administrative Legal Proceeding Parties pp. 33-43


Abstract: The article is devoted to the legal status of parties participating in administrative legal proceedings. The rationale of this kind of research is defined, firstly, by the appearance of a new codified procedural legal act, The Administrative Court Procedure Code, in Russia. To obtain validate results in the course of his research, Soloviev has used both general research methods (dialectical method, systems approach, analysis, synthesis, analogy, specification, and generalization) and special research methods (formal law and comparative law methods). The author of the article gives a general description of the legal status of different participants in administrative legal proceedings, focuses on the parties thereto (administrative prosecutor and administrative defendant), studies their basic procedural rights and obligations, and analyzes procedural institutions of replacing an improper administrative denendant and procedural legal succession. As a result, the author concludes that particularities of the legal status of administrative legal proceeding parties are conditioned by specific features of this kind of legal proceedings, first of all, their being oriented at the defense of violated or contested rights, freedoms or legal interests of citizens and organisations in the sphere of administrative or other public legal relationships. 
Belousova E.V. - On the issue of competency in local self-government system pp. 49-68


Abstract: The author of the article analyzes correlation of notions “competency”, “authorities”, and “area of responsibility” in respect to institutions of local government functioning as the public authority bodies of the Russian Federation. The author considers various approaches of modern scholars to definition of the above-mentioned categories. The article reveals the structure and the content of notions “competency”, “authorities”, and “area of responsibility”. The author studies normative provisions of the Federal Law “On general principles of the organization of local self-government of the Russian Federation” from October 6, 2003 with amendments. Special attention is paid to various classifications of authorities and areas of responsibility of the institutions of local government in the Russian Federation. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods, which are used in special sociological research (the statistical method, expert evaluations, etc.).
Stepanov K.A., Grigor'ev I.V., Denisov S.Y. - On some theoretical problems of the Modern notary in the Russian Federation: public law aspect pp. 55-66



Abstract: The paper presents an analysis of problematic aspects of the organization and activities of the notary in the Russian Federation. The authors conduct a study of the problem of legislative regulation of the notary's activity in the Russian Federation, consider the question of the legal nature and nature of the notary and notarial activity, as well as some problems of the conceptual apparatus of the legislation on the notary. In the course of the study, the authors point out the relevance of the issue of reforming the current regulation, examines the gaps in the conceptual apparatus, propose a definition of the concept of "notary legal relationship" and highlight the features that are inherent in these legal relationships. In addition, the authors argue the position on the public-legal nature of notarial legal relations, and also additionally indicate the special status of a notary and consider his powers taking into account such status. Based on the results of the study, solutions to the problems described above are proposed, and further prospects for the development of regulation of notary activity are outlined. One of the most important conclusions of the study is that disputes arising from notarial legal relations also have a public legal nature and should be considered according to the relevant procedural rules. That is, not in a lawsuit, but in the order of administrative proceedings.
Andreev P.G. - Some Features of Administrative Responsibility for Violation of the Rules of the Light Transmission of Car Windows pp. 61-66


Abstract: The subject of the study is the illegality of driving a vehicle with improper light transmission of car windows. The object of the study is the social relations that develop in the process of driving a vehicle on which tinted windows with a light transmission of less than 70% are installed in violation of the legislation of the Russian Federation. The author examines in detail such aspects of the topic as the application of Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation as a basis for the use of such a measure to ensure proceedings in cases of administrative offenses as the prohibition of vehicle operation. Particular attention is paid to the duty of traffic police officers to use special technical means when checking the light transmission of car windows and the data of those special technical means reflected in the protocol. The main conclusions of the study can be determined as the need to adopt more severe penalties for the operation of vehicles with the presence of tinting or prohibit the operation of the vehicle with such malfunctions. A special contribution of the author to the study of is a comparative analysis of various points of view on the use of vehicles on which tinted windshields and front side windows are installed in violation of legal norms. The novelty of the study lies in the consideration of judicial practice indicating that driving a vehicle whose front side windows do not meet the requirements of the technical regulations on the safety of wheeled vehicles forms part of an administrative offense provided for in Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation.
Prokof'ev K.G. - Administrative responsibility for violations of the procedure for the organization of meetings, gatherings, demonstrations, walks and picketing. pp. 74-83


Abstract: Development of democratic principles and institutions of people's rule takes place in a compicated and contradictory athmosphere. In this connection the state needs to take maximum effort  in order to guarantee legal order and protection of the rights of citizens in teh course of public political events. The methoological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).    In the conditions of political instability there is a growth of separatist and extremist moods in the Russian societ. That is why, the formation of additional legal and organizational mechanisms for the minimization of defects in the development of the Russian political system.  The right to organize, hold and participate in meetings, gatherings, demonstrations, walks and picketing is a general democratic and constitutional value. It allows the citizens and their associations to take part in the political life of the state, inform the government of their needs and support their interests within a broad range of social issues.
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