Abstract: The article provides for the existing scientific legal approaches towards the definition of “legal regime”, allowing for the formation of an unified definition. The author studies the etymology of the term “regime”, its evolution from the formation of this category in the works of the philosophers of the Antiquity to its further development in the works of foreign and Russian scientists. The author establishes and provides characteristics of the specific elements of the legal regime: obligatory normative legal provision; specific goal, special procedure of regulation; formation of favorable (non-favorable) conditions for the realization of the interests of the legal subjects; systemic and complex character; specific structure of legal regime. In the process of studies the author used general scientific means and methods of logical cognition (analysis, synthesis, abstraction, modeling, systemic structural, functional and formal logical approaches). The complex theoretical and a applied interdisciplinary approach towards the studies of legal regimes required the need for the systemic method, and within its framework the author implemented integration of the theoretical abstract provisions enshrined in the current legislation, empirical materials, legislative and lawenforcement practices. This article is of general theoretical conceptual character, it is a complex interdisciplinary study, which is aimed at the development of the general theory of legal regime and at the improvement of its efficiency. In the process of writing this article the author provides comparative analysis of scientific approaches towards understanding of nature and contents of the “legal regime” category, and based on the above the author develops and provides an unified definition of a legal regime, then she singles out and characterizes the specific features, allowing for the interpretation of the legal regime as an independent legal category.

Keywords: regime, legal regime, definition of legal regime, characteristic features of legal regime, goal of the legal regime, structure of legal regime, legal means, procedure of legal regulation, permissions, prohibitions.

DOI: 10.7256/2454-0595.2014.3.10730

DOI: 10.7256/2454-0595.2014.3.64059

Abstract: The article discusses actual historical problems of the legislation of the Russian Empire regarding regulation of the relations in the sphere of trade of toxic and drastic substances in late XIX — early XX centuries. The author shows the formation of the mechanism for the legal regulation, which was aimed to promote the organization of trade, as well as to provide for the due supervision in order to guarantee state security and public welfare. The author reveals existing difficulties and contradictions, analyzes the problems and specific features of implementation of relevant legal rules. The author paid special attention to the problems of legislative regulation of the organization of trade in the azotic acid. Special attention to azotic acid was due to the strengthening of the terrorist activities in the Empire and the use of the azotic acid for making the explosives. Based upon the analysis of normative legal acts provided in the Complete Collection of Laws of the Russian Empire and the norms of the Code of Laws of the Russian Empire, as well as some newly found archive documents, which are being introduced into the scientific turnover for the first time, the author studies the mechanism of the legal regulation in the relevant spheres at all of its stages.

Keywords: poisonous, drastic substances, azotic acid, apothecary, apothecary store, the Code of Laws, rules, trade, sellers, certificate, police, supervision, responsibility, Pharmaceutical Charter.

DOI: 10.7256/2454-0595.2014.3.10947

DOI: 10.7256/2454-0595.2014.3.64083

Abstract: The object of studies in this article concerns the issues of correlation between the technical regulation and state veterinary supervision. Art. 14.43 of the Administrative Offences Code of the Russian Federation may serve as an efficient instrument in order to intercept the violations of the current veterinary legislation, however, there are problems with its application in the veterinary sphere. Many technical regulations in the veterinary sphere are not yet adopted. There is not distinction between regional and federal supervision in this sphere. There are contradictions in the normative documents, defining the competence of supervisory bodies. Limiting the state super vision to the competence in the sphere of supervision over the compliance with technical regulations considerably narrows the scope of supervision, leaving a number of veterinary objects unsupervised. The process of study involved the following general scientific methods: dialectic, historical, analysis, synthesis, deduction, induction. In the process of work the author also applied the specific scientific methods, such as historical legal studies, comparative legal studies, systemic structural studies, systemic analysis. The scientific novelty of the article is due to the fact that the issues of state veterinary supervision over compliance with technical regulation were not previously studied. The article contains conclusions providing that the normative legal acts on the issues of application of technical regulations in the veterinary sphere require amendments, and the scope of judicial practice in this sphere should be widened. The state veterinary supervision over compliance with the requirements of technical regulations should be implemented, however supervision should not be limited only to it. Supervision should also include the compliance with veterinary norms and rules. The Provision on State Veterinary Supervision of 2013 requires significant amendments and the veterinary control activity should be regulated in more detail, while the list of necessary events should be broadened.

Keywords: veterinary, supervision, offence, requirements, rules, regulations, turnover, security, competence, control.

DOI: 10.7256/2454-0595.2014.3.10845

DOI: 10.7256/2454-0595.2014.3.64084

Abstract: The article concerns the situation when unclaimed goods appear at the temporary keeping warehouses in the process of customs control and possible legal means for their disposal. One of the options for disposal of such goods is withholding them and their later sale without judicial sanctions. These norms exist in the legislation for several years by now, however, they are not applied due to the inconsistencies in the positions of various government bodies. The author evaluates the positions of the Ministry of Economic Development of the Russian Federation and the Federal Customs Service of Russia on this issue. The author also provides critical analysis of the positions of the opponents of the non-judicial disposal of the withheld property. It is stated that this position does not take into account both international and national legislation. It uses the norms of the Constitution of the Russian Federation selectively and with no reference to its other norms, thus providing the ground for the abuse of proprietary right, and giving it absolute priority. The work contains the references to the positions of opponents and supporters of sale and destruction of withheld goods. Taking into account the fact that the article mostly provides the positions of the opponents of the disposal of withheld goods, the author provides analysis of the weak points in such positions. In addition to criticism the article contains legal substantiation for the norms established by law, and the analysis of practical problems arising in their implementation. The detailed analysis of the issues concerning disposal of the withheld goods takes place for the first time. The author shows the ambiguity of sale and destruction of withheld goods without the sanction of a court. However, the author of the article does not support the position that these norms are unconstitutional and provides the grounds for this position. The article also reflects legal gaps in the procedure for the sale of withheld goods. The author also gives propositions for the possible solutions of this dispute, including possible participation of the prosecutors.

Keywords: withheld goods, non-judicial sale, lawfulness, customs bodies, prosecution bodies, recognizing goods as being without an owner; destruction, disposal, sanction of a court, proprietary right.

DOI: 10.7256/2454-0595.2014.3.10908

DOI: 10.7256/2454-0595.2014.3.11175

DOI: 10.7256/2454-0595.2014.3.64085

Abstract: The study of administrative legal position of the participants in the administrative offences cases shows that the problem of guarantees of rights and lawful interests of a person in the proceedings on administrative offences cases has several main aspects regarding the proceedings on the cases of administrative offences; application of administrative coercion measures in general, activities of the state regarding guarantees of rights and lawful interests of the state in the administrative law sphere. In the Russian Federation the system of state protection of human rights and basic freedoms is established and it included the rights and freedoms of a victim of an administrative offence. In the process of development of administrative legislation the activities of state bodies and officials implementing proceedings on administrative offence cases there was shift from the principle of protection of rights and interests of the state, society and individual. The methodological basis for the work was formed by the modern achievements of the cognitive theory. 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.). The legal position of the participants of the proceedings on the administrative offences cases is characterized by a complex of rights and obligations, which are based upon the constitutional rights and obligations of an individual, having its own specificities, additional rights and obligations. Additionally, the legal position of the participants of the administrative offence cases includes legal responsibility, which takes place in cases of non-performance or undue performance of their obligations.

Keywords: guarantee, process, participant, status, regulation, coercion, organization, proceedings, stage, person.

DOI: 10.7256/2454-0595.2014.3.11122

DOI: 10.7256/2454-0595.2014.3.64086

Abstract: The article concerns topical issues regarding proceedings on administrative offence cases within the competence of the customs bodies within the framework of the functioning Customs Union. The author analyzes the administrative legislation of the Member States of the Customs Union regarding violation of customs rules in the sphere of procedure for initiation of cases on failure to deliver the goods. It is noted that the Administrative Offences Code of the Russian Federation establishes responsibility for the failure to deliver the goods carried in accordance with the customs transit no matter what customs body defines the place of delivery and whether the place where the goods should be delivered to is situated in the territory of the Russian Federation or in the territory of the Party. However, since the Republic of Belarus and the Republic of Kazakhstan still did not take measures for the unification of their administrative legislation, it forms prerequisites for the situations when persons, who have committed violations of the requirements of the customs legislation of the Customs Union of the Russian Federation may avoid responsibility and have the sustainable schemes for avoiding payment of the customs fees.

Keywords: unification of legislation, delivery of goods, carrier, the Customs Union, administrative offences, customs transit, administrative responsibility, legal regulation, customs bodies, transit.

DOI: 10.7256/2454-0595.2014.3.10992

DOI: 10.7256/2454-0595.2014.3.64087

Abstract: The object of studies concerns some tendencies and novelties in the Russian legislation concerning the changes in the process of formation of city and municipal districts in Russia and participation of the citizens of the Russian Federation and their associations in this procedure, as well as their influence on the right of the local population to take part in the formation of the municipal government bodies, which, in turn, is a crucial element of the right to take part in the implementation of the local self-government. The author studies the dynamics and the logical chain of the latest changes in the legislation in this sphere, then he analyzes the various points of view on the topical issues and the practice of application of the federal legislative rules in the sphere of municipal elections from the standpoint of the right to participate in the formation of the municipal self-government bodies. The study involved special legal cognition methods. In particular, the author applies the formal legal method which allows to reveal the procedure of application and use of the constitutional legal basis, regulating the procedure for the formation of the municipal bodies in Russia, as well as to define legal terms regarding participation of the local population in the formation of municipal government bodies and to classify the types of formation of the municipal bodies. The author uses the method of legal interpretation, which is used for the independent interpretation of the nature of constitutional legal norms regarding the methods for the formation of the municipal bodies. The latest changes in the federal legislation concerning the changes in the procedure for the formation of representative bodies of municipal units have not been objects of complex analysis in legal science prior to this article. The author analyzes these changes within the framework of the prior legislative tendencies and novelties in this sphere. He formulates the conclusion on the need to correlated the relevant legal institutions and the principles of supremacy, especially pointing out a number of constitutional principles of municipal self-government according to which the conclusions are made on the need to form a necessary legal policy in the issues of the right of citizens to take part in the formation of the representative bodies. The author makes proposals regarding strengthening of the process of formation of these municipal self-government bodies.

Keywords: local self-government, local government, local population, citizens, non-governmental associations, political parties, municipal elections, representative bodies, election system, municipal entity.

DOI: 10.7256/2454-0595.2014.3.10911

DOI: 10.7256/2454-0595.2014.3.64088

Abstract: The article provides systemic complex analysis of the constitutional nature of municipal self-government, which is rooted in the current Constitution of the Russian Federation and its interpretation within the practice of constitutional justice. Based on this approach the author views the topical issues regarding the existing difficulties and specificities regarding correlations between the forms (institutions) of the direct (immediate) democracy and representative (mediated) democracy. The goal of the study is to substantiate the non-severable connection of direct public and professional representative elements in the conditions of the municipal self-government, which are united by the very nature of the relations in the sphere of public territorial self-organization of the population. According to this approach the author shows specific features of the municipal representative democracy as an offspring and a necessary form of support of municipal self-government, formulating the author’s definition of this concept. The methodology of studies of the author is defined by the constitutional concept of municipal self-government as a dialectic unity of power and freedom of the local community, Hence, there is a need and an opportunity for the individualization of the municipal representative democracy in correlation with the other public representation institutions, while still regarding it a continuation and a guarantee of implementation of a direct municipal democracy. The article singles out basic substantial characteristics of the municipal democracy in its differentiation and correlation with the public democracy institutions. It is substantiated that while the principle of combination of direct and representative democracy is typical for the people’s rule relations in general, its manifestation in municipal self-government is rather special in its qualities. In particular, it provides for the considerable immersion of direct democracy into the municipal representation system, formation of various combined (direct representative) institutions, such as territorial public self-government.

Keywords: people’s rule, self-government, direct democracy, representative democracy, crisis of democracy, municipal self-government, public power, municipal freedom, municipal democracy, representative democracy.

DOI: 10.7256/2454-0595.2014.3.11115

DOI: 10.7256/2454-0595.2014.3.64089

Abstract: The article concerns theoretical issues of administrative jurisdictional activities of the police, revealing its specific features, object and mechanism of its implementation. The article concerns jurisdictional activities of the police in its narrow interpretation, and it mostly concerns the proceedings on administrative offence cases in the police bodies. Additionally, the article provides for the definition and characteristics of elements of the administrative offence, with its analysis regarding its application in police activities. The article also discusses the constituent elements of an administrative offence, its subjective and objective elements. Based on the above-mentioned matters the author makes proposals for the improvement of organization and implementation of the proceedings on administrative offences case in police bodies. The methodological basis for the work was formed by the modern achievements of the cognitive theory. 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.). Administrative jurisdictional activities of the internal affairs bodies is a constituent part of administrative, or to put it more exactly, administrative procedural activities of the internal affairs bodies. The administrative jurisdiction plays an important role within the contents of administrative activities of the internal affairs bodies. These activities are varied and complicated and its law-enforcement potential is aimed at the protection of rights and freedoms of persons, guarantees of rule of law in the sphere of internal affairs. In the course of these activities, the legislation on administrative offences is being implemented.

Keywords: police, jurisdiction, proceedings, control, process, stage, participant, elements, offence, responsibility.

DOI: 10.7256/2454-0595.2014.3.10938

DOI: 10.7256/2454-0595.2014.3.11254

DOI: 10.7256/2454-0595.2014.3.64091

Abstract: The article discusses specific features of implementation of the constitutional right to the secret of phone conversations and other messages at the current stage of social development. It is noted in the article that the independency and value of the constitutional right of every person for the secrecy of phone conversation as a guarantee of basic fundamental rights has special value. The article notes the approach of the legislator, who made this guarantee a constitutional one, and this guarantee along with others plays an important role in the legal status of individual and citizen of the Russian Federation, relations of citizens and state at the current stage of development of the Russian society. The article also points out one matter, which is of significant value in the sphere of implementation of the right to secrecy of phone conversations. The methodological basis for the work was formed by the modern achievements of the cognitive theory. 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.). The international legal acts and the Constitution of the Russian Federation alike regard the right to the secrecy of the phone conversation as an absolute right. It is noted in the article that according to the international legal documents this right may be limited on a number of legislatively defined conditions. However, these acts do not define what these conditions are. They were regulated in more detail in the law of the European Union, providing for the right to respect to correspondence. Based upon the analysis of the Art. 23 of the Constitution of the Russian Federation it follows that the tight to the secrecy of phone conversations is a constituent element of inviolability of private life, personal and family secrecy, protection of dignity and good reputation.

Keywords: secret, telephone, information, data, person, individual, protection, Constitution, secret, guarding.

DOI: 10.7256/2454-0595.2014.3.11252

DOI: 10.7256/2454-0595.2014.3.64092

Abstract: It is pointed out in the review that there are rather many various publications are devoted to the problems of state service in general and state civil service in particular. These publications include manuals, teaching materials, monographs and PhD theses. The published scientific works and teaching manuals concern various aspects of state service relations, and the institution of the state service is studied by the legal scholars working in various spheres. However, in spite of the interdisciplinary approach towards the studies of state service relations, the institution of state service is studied in most detail within the framework of the science of administrative law. The methodological basis for the work was formed by the modern achievements of the cognitive theory. 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.). The legal scholars specializing in administrative law consider state service to be one of the key issues in teaching administrative law.

Keywords: service, servant, official, review, reform, efficiency, system, success, corruption, regulation.

DOI: 10.7256/2454-0595.2014.3.10380

DOI: 10.7256/2454-0595.2014.3.64093

Abstract: It is noted in the review that today there is no need for the folios based upon numerous quotations or retelling and paraphrasing of the norms of administrative legislation Currently there is a great need for the new generation of manuals, which would allow for the conceptual evaluation (and in some respect re-evaluation) and fundamental understanding of administrative law and administrative process, for the systemic interpretation of the main terms within this science at a higher (greater than general) degree of scientific quality.