DOI: 10.7256/2454-0595.2014.5.11945

Abstract:

DOI: 10.7256/2454-0595.2014.5.64242

Abstract: The article concerns stages of development and nature of administrative law as reflecting the political and historical specificities of the Russian state, the author discusses the problems of singling out administrative law as a separate branch of law. The author provides historical legal analysis of the problems regarding development of the science of administrative law. The author analyzes the main features of internal development of the forms of management and administration of the state administration system, regulation of state administration by the state, development of norms, definition and science of administrative law. The article contains analysis of object and system of administrative law in various historical periods. The study of history of development and formation of administrative law via the comparative analysis methods facilitates comprehensive scientific understanding and theoretical substantiation of existing administrative law, as well as the stages of its development, which is important for the active development of new theoretical legal and legislative instruments for the regulation of relations, appearance of new disciplines, sub-disciplines and institutions of the legal system. The article also involves diachronic comparison methods. The author studies police and administrative legislation of Russia in XVIII–XIX centuries, comparing the stages of development of the Russian administrative legal thought in XVII — early XX centuries. The author then draws conclusions on the development of administrative legal science regarding definition of its object, methodology, system, formation of the main administrative law categories. For the comparison purposes the author takes the Russian legal system (internal comparison), allowing for the general characteristics of the certain existing Russian legal system. In order to study administrative legislation the author uses Russian legal system and the police law of Germany, since the science of administrative law in Russia appeared and developed under the direct influence of the Western European law and literature. Depending on the objects of studies comparison is made at various levels. The author provides texts of the norms, that are being compared, providing comparison of the norms of XVII–XIX centuries and current norms (microcomparison). In additional the author uses comparison of legal institutions (branch comparison) in regard of the legal system in general and studies of the social factors. The normative comparison includes comparison of similar legal norms, institutions, legislative acts, existing terminology, normative comparison. The studies of definition and changes in the administrative law from the standpoint of historical specificity of Russia is due to understanding that regulation of social relations in the sphere of state administration may only be understood when stages of its developments are duly comprehended. The study of history of development and formation of the administrative law, history of administrative legal thought of Russia facilitates the most complete scientific understanding and theoretical substantiation of the formed administrative law, stages of its development, which is important for the development of new theoretical legal and legislative instruments for the regulation of relations, appearance of the new disciplines, sub-disciplines and institutions in the legal system. This is what practical value of this work is concerned with. The scientific historical and legal literature has insufficient amount of studies devoted to these issues. Some aspects of the issue are studied only within the science of history of state and law, where they are traditionally viewed for each historical epoch and period of development of the state and law independently. That is why topicality of the historical legal analysis of administrative law, which in the end may facilitate the historical development, finding the comprehensive approach towards the current administrative legislation in Russia, is so relevant, since the choice of literature on the history of administrative law of Russia is rather scarce.

Keywords: administrative law, police law, state administration, cameral science, singling out administrative legislation, branch of law, Russian jurisprudence, internal administration law, executive branch, police.

DOI: 10.7256/2454-0595.2014.5.12016

Abstract:

DOI: 10.7256/2454-0595.2014.5.64243

Abstract: The development of democratic principles an institutions of people’s rule takes place in a complicated and contradictory situation. That is why, the state needs to take maximum effort in order to guarantee public order, and to protect the right of people in the process of public political events. In the conditions of political instability in the Russian society the separatist and extremist tendencies are growing. That is why, formation of additional legal and organizational mechanisms for minimizing the defects in the development of the Russian political system is especially topical. The right to organize, hold and participate in meetings, gatherings, demonstrations, walks and picketing is a general democratic an constitutional value. It allows citizens and their associations to take part in the political life of the state, to show their demands to the state and to support their interests within the wide range of social issues. The methodological 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.). Taking into account the gravity of some administrative offences taking place when holding meetings, gatherings, demonstrations, walks and picketing, it is offered to amend Art. 4.3 “Circumstances aggravating administrative responsibility” of the Administrative Offences Code of the Russian Federation, and include p.7, where it should be stated that an aggravating circumstance for the participant of a public event is use of Nazi attributes and symbols or public demonstration of attributes or symbols of extremist organizations in the course of relevant event.

Keywords: responsibility, offence, elements of an offence, punishment, qualification, meeting, demonstration, walk, picketing, organizer.

DOI: 10.7256/2454-0595.2014.5.11734

Abstract:

DOI: 10.7256/2454-0595.2014.5.64244

Abstract: The studies of the administrative legal position of the participants of proceedings on administrative offence cases are quite topical. It is due to a whole range of circumstances, one of which is the fact that for all of the branches of law the legal position of a subject of law is key, revealing the main legal institutions. Additionally, the development of the Russian legislation on administrative offences is characterized with certain difficulties and contradictions. That is why, the studies of administrative positions of the participants of the proceedings on administrative offence cases may reveal a number of contradictions, serving as obstacles in the way for achieving the goals of the proceedings on administrative offences cases. All of these and a number of other circumstances provide for the need to improve the norms of administrative law, defining the legal position of the participants of the proceedings on administrative offences cases. The methodological 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.). The issue of subjects of the branch of law is one of the most topical and complicated ones in the legal science. Its correct resolution influences the object and method of legal regulation, clear definition of the addressees of the legal norms, amount of their rights and obligations, limitations to the application of legal norms in the relevant discipline and its principles. The studies devoted to the subjects of administrative law facilitate the development of recommendations for the legislative and law-enforcement activities, assisting development of recommendations for legislative and law-enforcement activities, they are also necessary for the organization of the scientific work of scientists specializing in administrative law.

Keywords: status, positions, rights, obligations, responsibility, guarantees, regulation, coercion, sanction, influence.

DOI: 10.7256/2454-0595.2014.5.11729

Abstract:

DOI: 10.7256/2454-0595.2014.5.64245

Abstract: The article concerns legal and organizational problems regarding implementation of the administrative legal position of citizens, showing the role of the police within the mechanism of guarantees of rights and lawful interests of citizens in the sphere of administration. The article also states that guaranteeing rights and lawful interests of the citizens is top priority in police work. The methodological 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.). The problem of rights and freedoms of persons is one of key issues of the legal science. There are many various scientific works devoted to this issue. However, the logic of development of the social processes, as well as the practice of statebuilding presuppose the objective need for once again turning to the issue of legal position of persons in the sphere of norms of administrative law. In other words, the issue of legal status of a person within the administrative activity regime is currently quite topical, and it is also a primary goal to establish the role and value of police in guarantees of rights and freedoms of people in various spheres of state administration.

Keywords: individual, citizen, person, police, status, guarantees, control, protection, guarding, position.

DOI: 10.7256/2454-0595.2014.5.11932

Abstract:

DOI: 10.7256/2454-0595.2014.5.64246

Abstract: The article concerns topical problems of criminal influence of the sphere of activities of modern advocates. The position of an author includes evaluation of the complex of criminologically valuable circumstances of poly-disciplinary legal character, which serve as prerequisites for the criminalization of advocacy. They include deformation of legal conscience and legal nihilism of the defense lawyers, influence of the criminal sub-culture, defects of legal regulation. Provisions of legal services by an advocate does not fall within the scope of entrepreneurial activities, which are aimed at gaining income and making profit. The provision of para. 2 of Art. 1 of the Federal Law of May 31, 2002 N. 62-FZ (ed. of July 2, 2013) “On advocate activities and advocacy in the Russian Federation” according to which advocacy is not entrepreneurial activity sounds quite clear on this issue. In spite of the above, it should be noted that advocates have special status of self-employed subjects providing non-commercial activities via remunerated contracts for legal services. The methodological 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.). While studying organizational and legal determining factors for appearance and development of services, the author offers to refer to the position of the renowned representative community of advocates E. Semenyako, who provides the following statement: “we are practically the only country in Europe, where individual entrepreneurs and persons having no legal education are competent to provide legal aid, along with the advocates. As a result while advocates are responsible for the results of their work and gain their status as a result of qualification exams, there are persons, who practice law and state that they “solve any problems starting from avoiding army drafting to termination of criminal cases and early release from prison term”. Such advertisements do not seem to alert anyone, while this may serve as an obvious proof of absence of any order in this sphere, requiring a reform in this sphere.

Keywords: advocate, advocacy, defense, defense lawyer, method, rights, criminal, criminalization, society, raider.

DOI: 10.7256/2454-0595.2014.5.11922

Abstract:

DOI: 10.7256/2454-0595.2014.5.64247

Abstract: The road traffic security is guaranteed by the compliance with the road traffic rules and by the administrative and criminal responsibility for the violations of the above-mentioned rules. The violations of road traffic rules cause high probability of accidents in the process of use of vehicle. There is need for correct qualification of road traffic offences and offences in the sphere of exploitation of transportation vehicles depending on object and circumstances of the offence in question. Most of the road accidents take place in the situations, when the road traffic security regulations are violated, while it is not always the case that certain mistakes become part of an offence, while causing certain consequences. The methodological 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.). Art. 2 of the Constitution of the Russian Federation states that individual, his rights and freedoms are of supreme value, and recognition, compliance and protection of basic rights and freedoms are obligations of the state. That is why guaranteeing security of road traffic should serve as means for the protection of life and health of persons, as well as preservation of material values, since traffic accidents cause significant harm to persons, society and state as a whole.

Keywords: transportation vehicles, crime, object of crime, immediate object of crime, subject of crime, objective elements, road traffic regulations, subjective elements, security road traffic, exploitation of transportation vehicles.

DOI: 10.7256/2454-0595.2014.5.11733

Abstract:

DOI: 10.7256/2454-0595.2014.5.64248

Abstract: The article provides analysis of juvenile crime within the general system of crime. It is noted that the juvenile crimes has a number of specific features, and they are mostly reflected in the causal complex and motivation for the criminal behavior, influencing its level and tendencies of development. The author provides her own definition of juvenile crime. It is also noted in the article that in the conditions of social, economic and political instability the children are left unprotected. The children more than any other category have felt the downside of democratic and economic changes. The said problems along with some other problems influenced almost all of the families with modest income of parents, as well as the single parent families. Mass alcoholization, narcotic abuse problem among the grown-up and systemic unemployment left the children without normal responsible parents and caring families. The methodological 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.). Due to the specific features of forming psyche, age specificities and lack of social guarantees the juvenile persons easily take up negative traits from their surroundings, which makes this category of persons criminal. Currently one third of crimes against property committed in the streets and other public places involves juvenile offenders. Currently one may also speak of organized juvenile crime, sustained criminal groups. One should also recognize that the number of children starting consumption of alcohol at the very young age (nearly 6-7 y.o.) is growing, the drug addiction and prostitution rate among the juveniles are also growing, and the number of administrative offences committed by juveniles is counted by the hundred thousand.

Keywords: juveniles, delict capacity, crime, prophylactics, police, determining factors, possibility, form, method, children. ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROPERTY LAW

DOI: 10.7256/2454-0595.2014.5.11372

Abstract:

DOI: 10.7256/2454-0595.2014.5.64249

Abstract: The object of studies in this article involves social relations regarding legal regulation of recognition of proprietary title (including private property) to the underground construction objects in Russia, and first of all in its megalopolises. Before mining mineral resources, there is need for the survey and development of the deposit of mineral resources (open, underground, combined, or underwater means). Development of deposit with the open method is implemented from the land and includes strip mining and actual mining. Development by underground means includes underground digging, such as crossing, galleries, pit shafts, etc. The underground development mostly concerns preparatory work, excavation support, actual mining. However, without exploring the underground territories, which is implemented by the constructors of underground objects (underground constructions) it is not possible to mine mineral resources. In fact, an investor (a business) invests large money to preliminary and detailed exploration, including digging, use of deep pits, shallow mines and pit shafts, then underground drill holes, etc. All of those seemingly complementary preparatory important technological works guarantee the success in mining and excavation of mineral resources from the subsoil. The result of these preparatory technological works is quite specific. Object of underground construction serving the shafts and mines are built underground and they are in use for many years (usually the entire term of existence of the mining enterprise. They include cameras, tunnels (for transportation, utilities, special purpose, etc.), shaft insets, crosses, air pits, etc. All of these objects for the purpose of their more caring and economic use may be privatized and registered as property of natural persons and legal entities, which have built them and are using them. Another argument in favor of introduction of the regime of private property for underground buildings and constructions is the constant need for their repair and technical maintenance (including the technology for the lengthening of the life cycle of the used underground constructions), and only the owners would provide for them. The state often fails to efficiently manage underground objects, which due to their complicated character, working conditions and difficulties in access require scientifically substantiated and even unique repair technologies, and the state represented by its competent bodies often does not adequately provide for them. The article contains arguments in favor of legislative regulation of the possibility to privatize (to obtain public registration of property title) the objects of underground constructions in general, and, more specifically, in the megalopolises. The most efficient development of underground territory in the future shall be possible with the union between state and business, for which there shall be a legalized opportunity to register proprietary title to the underground construction objects, which shall serve as a sensible argument in favor of economic and careful attitude of the geological resources of our planet.

Keywords: geological resources, underground construction, subsoil, natural resources, mineral resources, undergrounds territory, capital underworking, private property, environment, business.

DOI: 10.7256/2454-0595.2014.5.64251

Abstract: The improvement of the administrative legislation regulating the activities of the joint stocks companies should be implemented based upon the norms in effect in the European Union, and the Russia joining the WTO and the EEU requires development and support of the administrative status of joint stock companies. It should also be stressed, that currently there is a need for a clearer definition of the category of the collective subject of administrative law, as well as for the development of the system of efficient administrative legal means for influencing the activities of joint stock companies directly. The methodological 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.). For the purpose of improving the administrative legal status of the joint stock company the author substantiates the need to legislatively provide for the qualification requirements to the members of the Board of Directors of the Joint Stock Company. According to the Federal Law “On Joint Stock Companies” the requirements to the members of the Board of Directors should include higher education, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere of trade, finances, corporate administration and securities market for the period of two years prior to the day of general meeting of shareholders for the elections for the Board of Directors, professional experience of no less than 2 years in managing a department or other division of an organization, and the absence of conflict of interests in the activities of this person.

Keywords: The improvement of the administrative legislation regulating the activities of the joint stocks comp, and the Russia joining the WTO and the EEU requires development and support of the administrative st, that currently there is a need for a clearer definition of the category of the collective subject of, as well as for the development of the system of efficient administrative legal means for influencing, 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.). For the purpose of improving the administrative legal status of the joint stock company the a, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere , finances, corporate administration and securities market for the period of two years prior to the day of gener, professional experience of no less than 2 years in managing a department or other division of an org, and the absence of conflict of interests in the activities of this person.

DOI: 10.7256/2454-0595.2014.5.11934

Abstract:

DOI: 10.7256/2454-0595.2014.5.64250

Abstract: In the modern social, economic and political conditions the Russian Federation is facing many threats and challenges. One of the problems considerably complicating many public reforms, violating rights and lawful interests of the natural persons and legal entities interacting with the state government and administration bodies I the problem of corruption. This problem has been involved with the public interests of states throughout the history of development of human civilization and statehood. Due to corruption many empires have fallen, and the sovereignty of many states was undermined, moral and material damage was caused. That is why for the sake of its own survival the public government has to fight the negative social and legal phenomenon of corruption, which undermines its fundamentals and makes the system of state administration inefficient. The methodological 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.). There is not a single industrially developed state without corruption. At the same time, there are rather many states, where the corruption level according to the national statistics and studies by international NGOs is very low. That is why, one may see the direct dependency between solving the corruption problem and growth of the national well-being of the state and society. Almost every state, which has achieved any success in fighting corruption, followed a certain pattern with due consideration to the national traditions, mentality of the people, political and legal regime.

Keywords: corruption, risk, official, service, servant, counteraction, regulation, system, offence, principle.

DOI: 10.7256/2454-0595.2014.5.12007

Abstract: