Abstract: The article provides comparative characteristics of the administrative supervision bodies in the constituent subjects of the Russian Federation. Additionally, the author provides historical analysis of administrative supervision bodies, providing substantiation for differentiation of the terms \"control\" and \"supervision\". The need to guarantee compliance with the generally obliging rules provided by legislation and other normative legal acts by all of subjects of law at any time whatever an existing political and state systems are, requires formation of specialized state bodies and provision to them of the relevant competence. The studies involve examples of administrative supervision bodies in the constituent subjects of the Russian Federation, namely Nizhegorodsky region, Republic of Altai, Republic of Udmurtia, etc. Control and supervision form one of the main functions of a state, and they are aimed at guaranteeing strict compliance with the legislation and its reasonable application within the framework of law. Control and supervision are complicated state mechanisms, involving systems of various components, their tuning requires quality theoretical background. Currently the system of administrative supervision bodies in the Russian Federation is formed with executive bodies of various nature.

Keywords: control, supervision, management, administrative supervision, constituent subject of the Russian Federation, Nizhegorodsky region, characteristics, administrative supervision body, inspection, prosecutor supervision.

DOI: 10.7256/2454-0595.2014.9.12418

DOI: 10.7256/2454-0595.2014.9.65447

Abstract: The article involves the study of theoretical legal problem involving the correlation between the terms \"administrative supervision\" and \"police supervision\". The author provides comparative analysis of modern and pre-Revolution legislation on administrative supervision. The author bases her conclusions upon the opinions of authoritative scientists of both modern and the pre-Revolution periods regarding the issues of efficient organization of legal means of state influence upon potentially dangerous persons posing a terrorist threat to the society. Substantiating the theses expressed in the article, the author provides information on the modern situation in Russia concerning terrorism. These and many other types of data outside the scope of this article prove the objective need to form more efficient mechanisms capable of doing more than just dealing with the tragic consequences of terrorist acts, preventing them and successful implementing prophylactic activities. The methodological basis for the work was formed with the method of comparative legal studies of the pre-Revolution legislation of Russia regulating various forms of administrative and police supervision, as well as modern normative legal regulation of administrative supervision in the Russian Federation. The scientific novelty is due to holding the study without any ideological bias. Based upon the study of legislation, by-laws and newly introduced in the scientific turnover archive sources the author provides a detailed study of the activities of the state bodies and officials of the pre-Revolution Russia regarding fighting terrorism. The author for the first time attempts to extrapolate the pre-Revolution experience of efficiently fight of the state against terrorism and the modern Russian political and legal reality with due consideration to the specificities of the current time.

Keywords: administrative control, administrative supervision, public police supervision, secret supervision, police law, limited control, administrative procedures, executive power, public administration.

DOI: 10.7256/2454-0595.2014.9.12856

DOI: 10.7256/2454-0595.2014.9.65448

Abstract: The article is devoted to the topical issues of the object of proof and application of evidence in administrative offence cases in the sphere of customs in the condition of formation and functioning of the Customs Union. The author studies the legal foundations, definition, types and specific features of evidence, their role in the administrative jurisdiction process of the customs bodies, procedural regulation and means of their improvement. Currently due to formation and functioning of the Customs Union within the framework of the EurAsEC there is an ongoing liberation of administrative and customs legislation. However, law-enforcement function is still is one of the foremost important directions in the activities of the Russian customs bodies. Its constituent part is fighting the administrative offences in the sphere of customs. It should be noted that in the period, which was studied by the author, the amount of violation of customs rules is large and it tends to grow. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). Successful achievement of goals in the sphere of administrative offences cases (namely, timely, comprehensive and objective establishment of circumstances in every case, ruling on every case in strict compliance with the legislation, guaranteeing enforcement of every decision made, revealing the reasons and conditions causing administrative offences, prevention of offences) is to a great extent predefined with having a clear idea on the object of this activity – the object of proof and use of evidence in these cases.

Keywords: customs, Union, offence, responsibility, elements of an offence, punishment, regulation, principle, proof, evidence.

DOI: 10.7256/2454-0595.2014.9.12459

DOI: 10.7256/2454-0595.2014.9.65445

Abstract: The article concerns topical issues of development and improvement of the Russian legal institution of financial control in the sphere of fighting legalization of criminal income. Topicality of the study is due to the great public importance of this direction in the financial legal policy. Providing arguments regarding constructive moments in the sphere of fighting money laundering and terrorism financing in the foreign system of control over the financial resources, the author at the same time points out the problems should Russia follow foreign legal norms without regard to varying specificities in the understanding of democratic principles in various states. The study is based upon the combination of general and special methods of scientific analysis: dialectic, logical, comparative legal, normative. The conclusion is made on the need to develop Russian standards for the financial control based upon following the FATF recommendations in close interaction with its Member States. The author offers a set of measures in order to improve the quality of work of the special financial control body: Federal Financial Monitoring Service.

Keywords: fighting legalization of income, financial control, banking sector, financial resources, risks, terrorism financing, accounting operations, client, FATF Member States, FATF standards.

DOI: 10.7256/2454-0595.2014.9.12751

DOI: 10.7256/2454-0595.2014.9.65449

Abstract: The article provides the study of the mechanism for the provision of legal assistance by the customs bodies of the Russian Federation in administrative offence cases, providing for its main stages. Additionally, the author pays attention to the fact that the legislator fails to list procedural acts which may be required from abroad via sending request for legal assistance on administrative offence cases in Chapter 29.1 of the Administrative Offences Code of the Russian Federation. Based upon the interpretation of the provisions of the said Code with due consideration of the Treaty on Legal Aid and Cooperation of the Customs Bodies of the Member States of the Customs Union on criminal and administrative offence cases the author provides analysis of the amount of the legal aid requested by the customs bodies of the Russian Federation in the administrative offences cases. The methodological basis for the study involved dialectic materialism and the system of general and specific scientific methods based upon it, including: formal logical method, systemic method, method of comparative legal studies, etc. Based upon the analysis of norms of the Administrative Offences Code of the Russian Federation, as well as international treaties on cooperation and mutual aid in customs cases the author studies the main stages of provision of legal assistance by the customs bodies of the Russian Federation in administrative offence cases, specifying their specific features. Additionally, the author names the procedural acts, which may be requested via sending the request on legal assistance on administrative offence cases.

Keywords: legal aid, administrative offences, administrative process, international cooperation, customs bodies, customs offences, proof, request, sending a request, implementing a request.

DOI: 10.7256/2454-0595.2014.9.12579

DOI: 10.7256/2454-0595.2014.9.65450

Abstract: The object of studies involves the mutually coordinated activities of the prosecution and the state government bodies, municipal bodies in the sphere of guaranteeing lawfulness (which is characterized by principles and conditions of the relations among the subjects, as well as by their goals, purposes, object and subject), of the term \"interaction\" from the standpoint of various branches of science depending on the specificities of the activities of the participants (prosecutors, officials and other staff in the said bodies), of the main directions of interaction and its mechanisms, which may be divided into several levels. In the process of studies the author mostly involved sociological method, since interactions between the prosecutors and the staff of the state and municipal bodies are implemented within the framework of the society, and they are based upon their relations. Interaction between the prosecutors, state and municipal bodies is an interrelated temporally and territorially coordinated joint activity, which is based upon common goals and aims, which are directed on guaranteeing rule of law, implemented within the framework of law and within the spheres of competence of these bodies via means and methods typical for each of them.

Keywords: vzaimodeistvie, prokuratura, organy gosudarstvennoi vlasti, tseli, zadachi, mekhanizm, napravleniya, osnovy

DOI: 10.7256/2454-0595.2014.9.12902

DOI: 10.7256/2454-0595.2014.9.65451

Abstract: The article concerns theoretical and legal issues regarding competence of the prosecutor in the sphere of supervision over the lawfulness of operative investigation activity, as well as elements of the coordination of the activities of the law-enforcement bodies involving operative divisions by prosecutors. The author studies specific features of this direction in prosecutor activities. In the opinion of the author this type of activity of competent prosecutors should facilitate both compliance with the guarantees of basic human rights and freedoms, and efficient achievement of goals of operative investigation activities on revealing, prevention, interception and solving crimes, finding offenders guilty of these crimes and finding offenders avoiding inquiry, investigation and court proceedings, as well as missing persons. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). The prosecutor supervision over rule of law in the said sphere of law-enforcement activities has its specific features, which are due to the specific features of its legal regulation and operative investigation activities as such. Operative investigation activities are performed both publicly and secretly by the competent operative divisions of the state bodies within the legal limits via implementing operative investigation events in order to protect life, health, rights and freedoms of individuals and citizens, property, guaranteeing security of society and state from criminal encroachments.

Keywords: supervision, prosecutor, form, method, protest, prosecution, operative investigation activity, police, lawfulness, policeman.

DOI: 10.7256/2454-0595.2014.9.12675

DOI: 10.7256/2454-0595.2014.9.65452

Abstract: The relevant type of legal process has its specific features, and they are characterized by their peculiarities. In particular, the administrative process influences a wide range of social relations, which are formed in the sphere of public administration. Implementation of positive legal norms in various branches of law is implemented via various administrative legal norms. Additionally, administrative process provides the possibility for the implementation of the administrative coercion measures. From this standpoint the author views contents and specific features of administrative jurisdiction activities of the police, which have formed an object of his scientific study. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). According to the current legislation of the Russian Federation the police implements a wide range of administrative proceedings, procedures and regulations, which facilitate guarantees of legal order, protection of rights and lawful interests of natural persons and legal entities interacting with the police officials. With the help of administrative procedures and regulation the citizens and economic subjects are provided with various public services involving protection of property, issuing various documents, etc.

Keywords: police, policeman, process, jurisdiction, stage, proceedings, officer, coercion, responsibility, influence.

DOI: 10.7256/2454-0595.2014.9.12494

DOI: 10.7256/2454-0595.2014.9.65453

Abstract: The article characterizes the input of N.G. Salischeva in the development of sciences of administrative law and process, her role in the legislative activities, her ideas regarding formation of the system of administrative justice in Russia. The author analyzes the views of N.G. Salischeva as a scientist on the issues of contents and specific features of the administrative process in the USSR and in the Russian Federation on the issues of fundamental categories and principles of administrative judicial proceedings, guarantees of procedural rights of persons, reasons for the administrative and judicial reforms in early 2000s, results of their implementation. The author evaluates the efficiency of organization of the executive branch of government in the Russian Federation and perspectives of its development, legal mechanisms of judicial control in the sphere of interactions between public government and the people, as well as the perspectives for the formation of a legal institution of administrative procedure. The author also provides brief analysis of the concepts of the Federal Constitutional Law \"On administrative Judicial Proceedings. General Part\" and the Federal Law \"On Administrative Procedure\". The author characterizes the role of N.G. Salischeva in the interpretation of the norms of the Code of the RSFSR on Administrative Offences. The 90th Anniversary of Nadezhda Salischeva is a holiday for all of her colleagues, co-workers and admirers of her talent, and it is a chance to wish her success in her creative work.

Keywords: administrative law, administrative process, administrative justice, executive power, legal order, procedure, court, judicial control, administration, jurisdiction.

DOI: 10.7256/2454-0595.2014.9.12913

DOI: 10.7256/2454-0595.2014.9.65454

Abstract: The article concerns the issues regarding the need to reveal administrative offences in the Internet against the copyright on the initiative of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications without any prior claims by the title holder. Social communications have came to the stage of development when most of such offences are situated in the Internet. The author studies the issue of whether there is need to bring an offender to administrative responsibility when a title owner did not claim the violation of his right. When writing this article the author applied the methods of analysis, analogy, modeling, studies of normative legal acts and legal practice. Technical advancement causes growth of offences committed in the Internet. Studies of the subject allow one to state that today the title owner sometimes does not even know that his rights are being infringed, so there is need to reveal administrative offences against copyright in the Internet on the initiative of government bodies.

Keywords: administrative legal protection, copyright, revealing administrative offences, competence of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications, mass communications, administrative offence, Internet, administrative responsibility, government bodies, administrative supervision.

DOI: 10.7256/2454-0595.2014.9.12712

DOI: 10.7256/2454-0595.2014.9.65455

Abstract: This article is devoted to the key legislative changes regarding responsibility for violations of migration legislation, which came into force in the second half of 2013. Administrative legal regulation of migration of the population is among the most topical problems in the sphere of state administration. It is due to a number of matters: demographic problems, insufficient theoretical development of role and place of migration processes in the demographic development of the Russian Federation. These problems along with some other problems provoke a range of negative consequences in the sphere of guarantees of rule of law, as well as in the sphere of social and economic development of the state. For an efficient solution for the migration problems, such as organizing the labor market, lowing the level of crime, there is need for the constant monitoring of legal practice, analysis of the current situation and forecasts regarding development of the migration processes. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). With every year illegal migration draws more and more attention of government bodies. The Government annually revises the issues of migration in various context, defining quotas for the attraction and use of foreign workforce in the Russian Federation, it also deals with a number of other issues in the sphere of migration policy implementation. However, in spite of the measures being taken, it is too early to state that the global problems in the sphere of migration guarantees have been solved.

Keywords: migration, politics, migration, responsibility, coercion, police, strengthening, Federal Migration Service, Ministry of Internal Affairs, control.

DOI: 10.7256/2454-0595.2014.9.12711

DOI: 10.7256/2454-0595.2014.9.65456

Abstract: The object of this article involves analysis of legal regulation of public relations appearing in the sphere of dealing with consumption and production waste, as well as the judicial practice in the sphere, recognizing the “fault” of the local administration (Administrations of the municipal units) in cases when economic entities and owners of plots of land fail to perform their obligations to guarantee the constitutional rights of citizens for a safe environment, while not sufficiently studying the entire complex of legal regulation of this type of environmental relations. The study involved general scientific methods (dialectic, functional, logical) and special legal methods (comparative legal studies, formal legal method, method of legal modeling, etc.). Based upon the analysis of the complex of normative legal acts in the sphere of guaranteeing the environmental rights of citizens and existing judicial practice the author draws a conclusion that concept of exclusive responsibility of municipal bodies for the violations of environmental, sanitary, epidemiological and other legislation by the economic entities (such as appearance of unsanctioned dumps of consumer and industrial waste in the territories of municipal entities) is doubtful. The author supposes that exclusion of the natural persons and legal entities owning the waste as well as owners of plots of land from responsibility for unsanctioned waste dumps make these person feel their impunity, while making municipal bodies responsible for the liquidation of waste dumps, is not reasonable.

Keywords: supreme court, constitutional court, municipal self-government, constitution, environmental rights, consumption waste, judicial proceedings, judicial practice, sanitary legislation, local issues.

DOI: 10.7256/2454-0595.2014.9.12769

DOI: 10.7256/2454-0595.2014.9.65457

Abstract: The object of studies involves anti-corruption functions of the cadres divisions for the prophylactics of corruption- related and other offences of the public government bodies of the Russian Federation. The goal of the studies is to describe and to explain main and subsidiary guaranteeing functions of the cadres divisions of the public government bodies in the sphere of prophylactics of corruption-related and other offences. The immediate goals of the studies involve the following: a) description of the legal fundamentals for the activities of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies reflecting their anti-corruption functions; b) classification of anti-corruption functions of the cadres divisions of the public government bodies regarding corruptionrelated and other offences; c) discussing elements of the anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies. The methodological basis for the studies involved a dialectic method, and general scientific methods widely accepted in the sphere of jurisprudence: systemic and structural analysis, comparison, etc. The scientific novelty is due to the fact that for the first time in the Russian legal science the author provides the definition of anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies based upon the analysis of normative legal acts and other documents, discussing their contents and providing a scientific classification of anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies.

Keywords: corruption, fighting corruption, cadres service, corruption prophylactics, anti-corruption consulting, anticorruption enlightenment, anti-corruption education, functions, anti-corruption functions, public government bodies.

DOI: 10.7256/2454-0595.2014.9.11949

DOI: 10.7256/2454-0595.2014.9.65458

Abstract: The object of studies in this article involves administrative legal relations in the sphere of public veterinary administration. The Republic of Crimea and Sevastopol jointed the Russian Federation, and the Russian legislation applies to these constituent subjects of the Russian Federation. Russian government bodies and services are formed, including those in the sphere of veterinary services, while existing ones were responsible to Kyiv. The article discusses topical issues of formation of the new state veterinary service bodies, and some differences in the sphere of public veterinary administration in Ukraine and in Russia. The study involves general scientific methods: dialectic, historical, analysis, synthesis, deduction, historical legal method, comparative legal method, systemic structural method together with the systemic analysis. The scientific novelty of the article is due to the fact that it for the first time presents analysis of the differences between the veterinary bodies with special competence in Ukraine and in Russia. From this standpoint the author studies the Ukrainian normative legal basis and its differences from the Russian legislation. The article also discusses the problems, which the Russian government bodies may face in the Crimea, as well as some positive aspects of the normative legal guarantees of the state veterinary service in Ukraine, which could be used in future.