DOI: 10.7256/2454-0595.2015.11.15371

Abstract: The article focuses on the legal and organizarional problems of administrative and legal regulation of the modern economy. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sectors. The article considers the author's positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. In addition, the article presents a theoretical and legal analysis of the concepts of law and economics development in the modern conditions. The article demonstrates the author's position on the interpretation and legal regulation of these categories. The methodological basis is composed of the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical methods, expert assessment, etc.). The author concludes that at present in order to provide legality in the economic sphere it is necessary to improve the forms and methods of administrative-legal impact on the state and private sectors of the Russian economy.The main contribution of the author is the statement about the necessity to develop administrative-legal regulation of the economy. The novelty of the article lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and institutional guarantees of the rule of law in the Russian economy.

Keywords: right, economy, regulation, doctrine, economic, the state, law, methodology, the concept, administration

DOI: 10.7256/2454-0595.2015.11.67081

Abstract: The article focuses on the legal and organizarional problems of administrative and legal regulation of the modern economy. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sectors. The article considers the author's positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. In addition, the article presents a theoretical and legal analysis of the concepts of law and economics development in the modern conditions. The article demonstrates the author's position on the interpretation and legal regulation of these categories. The methodological basis is composed of the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical methods, expert assessment, etc.). The author concludes that at present in order to provide legality in the economic sphere it is necessary to improve the forms and methods of administrative-legal impact on the state and private sectors of the Russian economy.The main contribution of the author is the statement about the necessity to develop administrative-legal regulation of the economy. The novelty of the article lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and institutional guarantees of the rule of law in the Russian economy.

Keywords: methodology, law, state, economic, doctrine, regulation, economy, right, concept, administration

DOI: 10.7256/2454-0595.2015.11.16753

Abstract: The author discusses the national concept of a special economic zone (foreign-trade zone) in the USA. Special attention is paid to the preconditions of development and implementation of a uniform model of special economic zones on the state level. The author analyzes the main factors which have influenced the change of the concept and lead to the dramatic increase of popularity of foreign-trade zones among the participants of foreign-trade activity. The author characterizes both normative and institutional mechanisms of implementation of the concept of a special economic zone, paying special attention to the so-called policy of neutrality of the US Customs and Border Service. Along with the general and special scientific methods of cognition the author applies the comparative-legal method which allows the author to carry out both a synchronous and a multilayer comparison: normative and functional. The author concludes that a successful functioning of the foreign-trade zones program in the USA can be explained by the simplicity of the procedure of their creation. The key factor of the efficiency of foreign-trade zones in the USA is the attention of the legislative authority. The annual congressional hearings of this problem allow the legislators to efficiently react to the changes in the world economy, the external and internal trade, and the population employment. 

DOI: 10.7256/2454-0595.2015.11.67082

Abstract: The author discusses the national concept of a special economic zone (foreign-trade zone) in the USA. Special attention is paid to the preconditions of development and implementation of a uniform model of special economic zones on the state level. The author analyzes the main factors which have influenced the change of the concept and lead to the dramatic increase of popularity of foreign-trade zones among the participants of foreign-trade activity. The author characterizes both normative and institutional mechanisms of implementation of the concept of a special economic zone, paying special attention to the so-called policy of neutrality of the US Customs and Border Service. Along with the general and special scientific methods of cognition the author applies the comparative-legal method which allows the author to carry out both a synchronous and a multilayer comparison: normative and functional. The author concludes that a successful functioning of the foreign-trade zones program in the USA can be explained by the simplicity of the procedure of their creation. The key factor of the efficiency of foreign-trade zones in the USA is the attention of the legislative authority. The annual congressional hearings of this problem allow the legislators to efficiently react to the changes in the world economy, the external and internal trade, and the population employment. 

Keywords: management, institutional mechanism, normative mechanism, international trade, subzone, foreign-trade zone, special economic zone, custom duties, national budget, employment

DOI: 10.7256/2454-0595.2015.11.15242

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic conditions. The author analyzes the concept of banking from the position of administrative and legal regulation of banking in Russia. The article presents the author’s positions on the concept of banking. The main attention is paid to the development of methods of administrative and legal impact on the subjects of banking. The author analyzes the concepts of the control and supervisory activity as a form of banking administration by the Bank of Russia. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical) and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present to provide legality in the bank sphere it is necessary to improve the forms and methods of administrative and legal impact of the Central Bank of the Russian Federation on commercial banks and other credit organizations. The main contribution of the author is the statement about the necessity to develop banking law in its public component. The novelty of the paper lies in the proposals about the development of forms and methods of the control and supervisory activity of the Bank of Russia, and the creation of legal and organizational guarantees of legality in the banking system of the country. 

Keywords: The Bank, regulation, money, banknotes, impact, finances, control, banking, coercion, responsibility

DOI: 10.7256/2454-0595.2015.11.67083

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic conditions. The author analyzes the concept of banking from the position of administrative and legal regulation of banking in Russia. The article presents the author’s positions on the concept of banking. The main attention is paid to the development of methods of administrative and legal impact on the subjects of banking. The author analyzes the concepts of the control and supervisory activity as a form of banking administration by the Bank of Russia. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical) and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present to provide legality in the bank sphere it is necessary to improve the forms and methods of administrative and legal impact of the Central Bank of the Russian Federation on commercial banks and other credit organizations. The main contribution of the author is the statement about the necessity to develop banking law in its public component. The novelty of the paper lies in the proposals about the development of forms and methods of the control and supervisory activity of the Bank of Russia, and the creation of legal and organizational guarantees of legality in the banking system of the country. 

Keywords: coercion, banking, control, finance, impact, banknotes, money, regulation, Bank, responsibility

DOI: 10.7256/2454-0595.2015.11.15329

Abstract: The article is devoted to the study of the procedure of obtaining of a work patent for a foreign national, its differences from a work permit, and certain problems of the transitional period. The author considers the issues of preparation, the procedure of obtaining of the Russian language certificate, the restrictions for foreign nationals employment under a patent, the differences between a work patent and a work permit; the author studies the new terminology in the sphere of labour migration presented in the Labour Code of the Russian Federation and the Federal Law No 115 “On the legal status of foreign citizens in the Russian Federation” of 25.07.2002. The author applies comparative analysis and studies the empirical and analytical materials provided by law enforcers. On January  1, 2015 the amendments to the Federal Law No 115 came into force, which had been adopted by the Federal Law No 357 “On the amendments to the Federal Law “On the legal status of foreign citizens in the Russian Federation” and certain legal acts of the Russian Federation” of 24.11.2014.  Since January 1, 2015 the citizens of visa-free countries can work in the Russian Federation under the patents issued by the Federal Migration Service of the Russian Federation. 

Keywords: foreign citizen, patent for a work permit, work permit, procedure for obtaining, certificate on knowledge, restrictions, employment of foreign citizens, the differences between, necessary documents, failure to meet a date

DOI: 10.7256/2454-0595.2015.11.67084

Abstract: The article is devoted to the study of the procedure of obtaining of a work patent for a foreign national, its differences from a work permit, and certain problems of the transitional period. The author considers the issues of preparation, the procedure of obtaining of the Russian language certificate, the restrictions for foreign nationals employment under a patent, the differences between a work patent and a work permit; the author studies the new terminology in the sphere of labour migration presented in the Labour Code of the Russian Federation and the Federal Law No 115 “On the legal status of foreign citizens in the Russian Federation” of 25.07.2002. The author applies comparative analysis and studies the empirical and analytical materials provided by law enforcers. On January  1, 2015 the amendments to the Federal Law No 115 came into force, which had been adopted by the Federal Law No 357 “On the amendments to the Federal Law “On the legal status of foreign citizens in the Russian Federation” and certain legal acts of the Russian Federation” of 24.11.2014.  Since January 1, 2015 the citizens of visa-free countries can work in the Russian Federation under the patents issued by the Federal Migration Service of the Russian Federation. 

Keywords: necessary documents, differences between, employment of foreign citizens, restrictions, certificate, procedure of obtaining, work permit, work patent, foreign citizen, breach of the period

DOI: 10.7256/2454-0595.2015.11.16870

Abstract: The author considers the topical problems of improvement of government control mechanism in the Russian Federation in the light of the public discussion over the draft law “On the grounds of government and municipal control (supervision) in the Russian Federation”, submitted by the Ministry of Economic Development. The object of the research is government control and its forms. The author considers the problem of differentiation of the notions “control” and “supervision”. Special attention is paid to the accentuation of independent organizational-legal forms of government control. The article is aimed at the theoretical and practical systematization of the control function of public administration. The methodology of the research comprises the general scientific and special methods. The author applies the systems analysis and the moving from abstract to concrete. The author also uses the comparative-legal, the formal-legal, the system-structural and some other methods. The author develops the original approach to the systematization of government control activity, introduces the notion of organizational-legal forms of government control activity. In the author’s opinion, the system of integrated government control includes two main directions of its application: control over the quality of public administration execution by the authorities (parliamentary control, presidential control, judicial control, ombudsmen control, and internal control of executive bodies); supervision of economical activity of private entities in various material spheres of life (administrative supervision). Within these areas government control activity exists in institutionally isolated organizational legal forms, created through a unique combination of the subjects of control and their methods. Thus, the author offers the criteria for the legal differentiation of the notions “control” and “supervision”, and comes to the conclusion about the necessity to adopt a special federal law “On the system of government control in the Russian Federation” and the Code of Administrative Supervision. 

DOI: 10.7256/2454-0595.2015.11.67085

Abstract: The author considers the topical problems of improvement of government control mechanism in the Russian Federation in the light of the public discussion over the draft law “On the grounds of government and municipal control (supervision) in the Russian Federation”, submitted by the Ministry of Economic Development. The object of the research is government control and its forms. The author considers the problem of differentiation of the notions “control” and “supervision”. Special attention is paid to the accentuation of independent organizational-legal forms of government control. The article is aimed at the theoretical and practical systematization of the control function of public administration. The methodology of the research comprises the general scientific and special methods. The author applies the systems analysis and the moving from abstract to concrete. The author also uses the comparative-legal, the formal-legal, the system-structural and some other methods. The author develops the original approach to the systematization of government control activity, introduces the notion of organizational-legal forms of government control activity. In the author’s opinion, the system of integrated government control includes two main directions of its application: control over the quality of public administration execution by the authorities (parliamentary control, presidential control, judicial control, ombudsmen control, and internal control of executive bodies); supervision of economical activity of private entities in various material spheres of life (administrative supervision). Within these areas government control activity exists in institutionally isolated organizational legal forms, created through a unique combination of the subjects of control and their methods. Thus, the author offers the criteria for the legal differentiation of the notions “control” and “supervision”, and comes to the conclusion about the necessity to adopt a special federal law “On the system of government control in the Russian Federation” and the Code of Administrative Supervision. 

Keywords: government control, government supervision, forms of control, forms of supervision, government control system, government control activity, supervisory activities of the State, public administration, functions of public administration, subjects of government control

DOI: 10.7256/2454-0595.2015.11.15521

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. 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), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy. The authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative and tort law. 

Keywords: The prejudicial effect, crime, coercion, the distinction, composition, crimel, decriminalization, police, administrative, cort

DOI: 10.7256/2454-0595.2015.11.67086

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. 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), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy. The authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative and tort law. 

Keywords: decriminalization, crime, composition, distinction, coercion, crime, issue preclusion, police, administrative, court

DOI: 10.7256/2454-0595.2015.11.16806

Abstract: The article focuses on the models and functions of public administration in the sphere of coordination of international and foreign-economic relations of Russian regions. In the modern geopolitical conditions, when Russia is under the sanction pressure of certain states, the study of the existing system of coordination of international relations of Russian regions and the efficiency assessment of the regional authorities’ impact is of a particular interest. Russian regions define their models of public administration in the mentioned sphere independently, thus the existing diversity of organizational grounds of this administration can be combined in four basic models. The author applies the functional, formal logical, comparative-legal and other research methods; they allow defining a particular organizational composition of public administration on the regional level in the sphere of international relations. The author offers to outline various models of public administration in this sphere on the base of the analysis of a significant number of normative-legal acts and the practice of realization of regional international and foreign-economic relations coordination. The author defines the functions of regional authorities in the sphere of international relations; formulates the recommendations about the criteria of public administration efficiency assessment.

DOI: 10.7256/2454-0595.2015.11.67087

Abstract: The article focuses on the models and functions of public administration in the sphere of coordination of international and foreign-economic relations of Russian regions. In the modern geopolitical conditions, when Russia is under the sanction pressure of certain states, the study of the existing system of coordination of international relations of Russian regions and the efficiency assessment of the regional authorities’ impact is of a particular interest. Russian regions define their models of public administration in the mentioned sphere independently, thus the existing diversity of organizational grounds of this administration can be combined in four basic models. The author applies the functional, formal logical, comparative-legal and other research methods; they allow defining a particular organizational composition of public administration on the regional level in the sphere of international relations. The author offers to outline various models of public administration in this sphere on the base of the analysis of a significant number of normative-legal acts and the practice of realization of regional international and foreign-economic relations coordination. The author defines the functions of regional authorities in the sphere of international relations; formulates the recommendations about the criteria of public administration efficiency assessment.

Keywords: federation, government body, state authorities, public administration, foreign economic relations, international relations, region, state, Constitution, public authority

DOI: 10.7256/2454-0595.2015.11.16848

Abstract: The subject of the research covers the principles of division of the activities of public administration into state functions and state services. Particular attention is paid to the origins of the concepts “state service” and “public service” in the Russian legislation; the author carries out the comparative analysis of legal grounds and the content of state functions and services in the civil and administrative legislation. The author considers the list and the content of some state services rendered by “Rosreestr”. The author studies their content and interrelation with civil and constitutional rights of citizens and administrative responsibility. In this research the author applies the historical and comparative methods to study the legal norms, along with the methods of analysis and synthesis. The author supposes that division of the public authorities’ activities into state functions and state services should be derived from the existing principles of regulation of services and functions, and a broad interpretation of administrative process. In the author’s opinion, the public bodies’ implementation of their authorities, especially in the spheres of licensing and registration procedures, should be considered at state functions. The author ascertains that in some cases a state function acquires the features of an administrative prescription. The author formulates the definition of a state function in the context of state services and suggests applying the term “state services”. 

DOI: 10.7256/2454-0595.2015.11.67088

Abstract: The subject of the research covers the principles of division of the activities of public administration into state functions and state services. Particular attention is paid to the origins of the concepts “state service” and “public service” in the Russian legislation; the author carries out the comparative analysis of legal grounds and the content of state functions and services in the civil and administrative legislation. The author considers the list and the content of some state services rendered by “Rosreestr”. The author studies their content and interrelation with civil and constitutional rights of citizens and administrative responsibility. In this research the author applies the historical and comparative methods to study the legal norms, along with the methods of analysis and synthesis. The author supposes that division of the public authorities’ activities into state functions and state services should be derived from the existing principles of regulation of services and functions, and a broad interpretation of administrative process. In the author’s opinion, the public bodies’ implementation of their authorities, especially in the spheres of licensing and registration procedures, should be considered at state functions. The author ascertains that in some cases a state function acquires the features of an administrative prescription. The author formulates the definition of a state function in the context of state services and suggests applying the term “state services”. 

Keywords: state service, state function, public service, administrative regulation, administrative process, Rosreestr, registration of rights, administrative reform, service state, state service

DOI: 10.7256/2454-0595.2015.11.16911

Abstract: The author discusses such aspects of the topic as the peculiarities of criminal liability for computer fraud in the legislation of the countries of North and South America, Oceania, Asia and Africa. The topic is of a practical importance, since the transnational character of computer fraud presupposes the necessity to interact with law enforcement bodies and legal systems of other states. Such cooperation is only possible provided that there is a clear understanding of national peculiarities of liability imposition. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. The author applies the methods of analysis, synthesis, comparison and measurement. The formal-legal and the comparative-legal methods are used as special scientific methods. The group character of an analyzed crime is often recognized as its main feature. In certain countries the abuse of authority, the misuse of the Internet, and minor or senile age of the aggrieved person can be considered as matters of aggravation. It should be mentioned that sometimes change, destruction of blocking of computer data serves not as a constructive, but as a qualifying feature of computer fraud. This article can be used by students, postgraduates, lecturers, law enforcement officers and practicing lawyers, and by all interested in this subject. 

DOI: 10.7256/2454-0595.2015.11.67089

Abstract: The author discusses such aspects of the topic as the peculiarities of criminal liability for computer fraud in the legislation of the countries of North and South America, Oceania, Asia and Africa. The topic is of a practical importance, since the transnational character of computer fraud presupposes the necessity to interact with law enforcement bodies and legal systems of other states. Such cooperation is only possible provided that there is a clear understanding of national peculiarities of liability imposition. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. The author applies the methods of analysis, synthesis, comparison and measurement. The formal-legal and the comparative-legal methods are used as special scientific methods. The group character of an analyzed crime is often recognized as its main feature. In certain countries the abuse of authority, the misuse of the Internet, and minor or senile age of the aggrieved person can be considered as matters of aggravation. It should be mentioned that sometimes change, destruction of blocking of computer data serves not as a constructive, but as a qualifying feature of computer fraud. This article can be used by students, postgraduates, lecturers, law enforcement officers and practicing lawyers, and by all interested in this subject. 

Keywords: information technologies, fraud, Internet, computer fraud, criminal liability, criminal law, computer data, America, Asia, Africa

DOI: 10.7256/2454-0595.2015.11.16868

Abstract: The article considers the role of study of the bases of Russian legislation, and testing as a means of adaptation of foreign nationals to socio-cultural conditions in Russia. The authors note that the preparation for tests for residence permit requires a more thorough study of subjects in comparison with those for migrants applying for a work permit or a patent. Special attention is paid to the methodology of compositing the tests whose results will allow the foreign nationals not only to test their knowledge, but also to learn the course better. The authors apply the universal dialectical method of cognition and various special scientific methods: logical-legal, historical, comparative-legal, system-structural analysis, statistical and special sociological methods. The authors conclude that testing is aimed not only to evaluate the acquired knowledge, but also to encourage the study of the material. The very structure of the tests and the understanding of their content play an important role in education and assistance to foreign nationals in their aspiration for becoming full members of the Russian society.  

DOI: 10.7256/2454-0595.2015.11.67090

Abstract: The article considers the role of study of the bases of Russian legislation, and testing as a means of adaptation of foreign nationals to socio-cultural conditions in Russia. The authors note that the preparation for tests for residence permit requires a more thorough study of subjects in comparison with those for migrants applying for a work permit or a patent. Special attention is paid to the methodology of compositing the tests whose results will allow the foreign nationals not only to test their knowledge, but also to learn the course better. The authors apply the universal dialectical method of cognition and various special scientific methods: logical-legal, historical, comparative-legal, system-structural analysis, statistical and special sociological methods. The authors conclude that testing is aimed not only to evaluate the acquired knowledge, but also to encourage the study of the material. The very structure of the tests and the understanding of their content play an important role in education and assistance to foreign nationals in their aspiration for becoming full members of the Russian society.  

Keywords: Foreign nationals, ethno-cultural isolation, integration, adaptation, basic legislation, module, residence permit, exam test, requirements, testing

DOI: 10.7256/2454-0595.2015.11.16896

Abstract: The authors discuss the provision of appropriate counteractions to the proliferation of the data prohibited by the law, including defamation, on the Internet. This phenomenon has become a serious problem and an information safety threat for almost everyone. Information safety often presupposes certain limits which the state imposes on the information exchange. The existing legal measures for preventing Internet defamation are not enough, since the structure and the ideology of social networks make the existing legal procedures ineffective. The authors apply the methods of analysis, synthesis, modeling, forecasting, the statistical and sociological methods, and the principles of integrity of a subject and scientific correctness. The main conclusion of the research is the thesis about the necessity to develop the system of measures of administrative and criminal liability for Internet defamation. Such measures shouldn’t threaten information rights and freedoms of other subjects of activity in the Russian segment of the Internet, and should be only used for the increase of efficiency of prevention of any amoral or illegal actions. 

DOI: 10.7256/2454-0595.2015.11.67091

Abstract: The authors discuss the provision of appropriate counteractions to the proliferation of the data prohibited by the law, including defamation, on the Internet. This phenomenon has become a serious problem and an information safety threat for almost everyone. Information safety often presupposes certain limits which the state imposes on the information exchange. The existing legal measures for preventing Internet defamation are not enough, since the structure and the ideology of social networks make the existing legal procedures ineffective. The authors apply the methods of analysis, synthesis, modeling, forecasting, the statistical and sociological methods, and the principles of integrity of a subject and scientific correctness. The main conclusion of the research is the thesis about the necessity to develop the system of measures of administrative and criminal liability for Internet defamation. Such measures shouldn’t threaten information rights and freedoms of other subjects of activity in the Russian segment of the Internet, and should be only used for the increase of efficiency of prevention of any amoral or illegal actions. 

Keywords: liability, administrative law, criminal law, counteraction, defamation, Internet, Information safety, information, social networks, personal responsibility

DOI: 10.7256/2454-0595.2015.11.15362

Abstract: The level of training of scientific and teaching personnel influences the quality of both educational system and scientific activity; therefore it is one of the most important aspects of development of a state. At the same time, the existing system has many drawbacks. It concerns, firstly, the estimation of the value of the scientific and teaching staff or the objectivity of requirements to particular positions and the defined conditions of selection; secondly, the recognition of dissertation papers as worth granting candidate’s or doctor’s degree in accordance with the criteria of quality, but not the “payment”; thirdly, the procedure of preparation of dissertation papers during the period of a postgraduate or a doctoral course and in case of a candidate course; fourthly, the responsibility of all participants of the process of presentation and recognition of dissertations. The author attempts to propose the most appropriate variant of the solution of these problems. The author works within the paradigm of dialectical materialism, applies the general scientific and special methods of cognition, particularly the logical, formal-legal and the systems methods. The paper can be used for the optimization of the existing legislation in the sphere of training and selection of scientific and research and scientific and teaching personnel, including the reduction of corruption in giving the diplomas of a candidate (doctor) of science, provision of an objective approach to the distribution of positions in institutes of higher education and research institutes, elimination of gaps between the organizations, responsible for scientific and research personnel training, and the organizations which provide expert assessment of dissertations. 

Keywords: competition teachers, post-graduate, doctoral, training of scientific personnel, certification of employees of the University, thesis, qualification requirements, the fight against corruption, expert evaluation of the thesis, the quality of dissertations

DOI: 10.7256/2454-0595.2015.11.67092

Abstract: The level of training of scientific and teaching personnel influences the quality of both educational system and scientific activity; therefore it is one of the most important aspects of development of a state. At the same time, the existing system has many drawbacks. It concerns, firstly, the estimation of the value of the scientific and teaching staff or the objectivity of requirements to particular positions and the defined conditions of selection; secondly, the recognition of dissertation papers as worth granting candidate’s or doctor’s degree in accordance with the criteria of quality, but not the “payment”; thirdly, the procedure of preparation of dissertation papers during the period of a postgraduate or a doctoral course and in case of a candidate course; fourthly, the responsibility of all participants of the process of presentation and recognition of dissertations. The author attempts to propose the most appropriate variant of the solution of these problems. The author works within the paradigm of dialectical materialism, applies the general scientific and special methods of cognition, particularly the logical, formal-legal and the systems methods. The paper can be used for the optimization of the existing legislation in the sphere of training and selection of scientific and research and scientific and teaching personnel, including the reduction of corruption in giving the diplomas of a candidate (doctor) of science, provision of an objective approach to the distribution of positions in institutes of higher education and research institutes, elimination of gaps between the organizations, responsible for scientific and research personnel training, and the organizations which provide expert assessment of dissertations. 

Keywords: fight against corruption, qualification requirements, thesis defence, training of scientific personnel, doctoral course, postgraduate course, competition of teachers, expert assessment of the thesis, quality of dissertations

DOI: 10.7256/2454-0595.2015.11.15261

Abstract: The subject of the research is the range of legal and organizational problems of combating corruption in the system of civil service. The object of the research is the range of public relations connected with combating corruption in the system of civil service. The author considers the components of the mechanism of administrative-legal regulation of combating corruption and formulates the proposals about the increase of the efficiency of administrative-legal means of combating corruption. The main attention is paid to the development of the criteria of efficiency of combating corruption. The methodology of the research is based on the recent achievements of epistemology. The author applies 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 of special sociological research (statistical methods, expert assessment, etc.). The author concludes that combating corruption in the system of civil service is not efficient enough. Therefore, it is necessary to develop the legal base for the activities of public authorities and public administration aimed at combating corruption. The main contribution of the author is the attention to this problem. The novelty of the research lies in the development of instruments for combating corruption in the system of public service. 

Keywords: corruption, the offence, damage, service, chenovnik, bribe, opposition, the fight, system, tool

DOI: 10.7256/2454-0595.2015.11.67093

Abstract: The subject of the research is the range of legal and organizational problems of combating corruption in the system of civil service. The object of the research is the range of public relations connected with combating corruption in the system of civil service. The author considers the components of the mechanism of administrative-legal regulation of combating corruption and formulates the proposals about the increase of the efficiency of administrative-legal means of combating corruption. The main attention is paid to the development of the criteria of efficiency of combating corruption. The methodology of the research is based on the recent achievements of epistemology. The author applies 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 of special sociological research (statistical methods, expert assessment, etc.). The author concludes that combating corruption in the system of civil service is not efficient enough. Therefore, it is necessary to develop the legal base for the activities of public authorities and public administration aimed at combating corruption. The main contribution of the author is the attention to this problem. The novelty of the research lies in the development of instruments for combating corruption in the system of public service. 

Keywords: struggle, combating, bribe, official, service, damage, offence, corruption, system, means

DOI: 10.7256/2454-0595.2015.11.16748

Abstract: The article is devoted to the questions of inclusion of Russia in the international fraud combating system. The recently adopted international treaties require that all participant states establish specialized bodies for corruption and fraud combating and prevention and impose criminal liability for all crimes of these types, recognized by these treaties. Taking into consideration that the subjects of fraud cross the state borders, the author supposes that it would be reasonable for Russia to join the international community in struggle against fraud; for this purpose it is necessary, particularly, to unify the terminology in the sphere of fraud. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. Among the general scientific methods the author applies the methods of analysis, synthesis, comparison and measurement. The comparative-legal method is used as a special scientific method. The author offers to define corruption fraud as a theft of somebody else’s property or acquisition of property right on somebody else’s property by deception or a breach of trust, committed by a person using his official position. The novelty of the research lies in the attempt to develop the proposal to revise the range of subjects of this type of crime, to consider the existing new practical forms of objective corruption frauds and to correlate them with the theory and practice of international law. 

DOI: 10.7256/2454-0595.2015.11.67094

Abstract: The article is devoted to the questions of inclusion of Russia in the international fraud combating system. The recently adopted international treaties require that all participant states establish specialized bodies for corruption and fraud combating and prevention and impose criminal liability for all crimes of these types, recognized by these treaties. Taking into consideration that the subjects of fraud cross the state borders, the author supposes that it would be reasonable for Russia to join the international community in struggle against fraud; for this purpose it is necessary, particularly, to unify the terminology in the sphere of fraud. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. Among the general scientific methods the author applies the methods of analysis, synthesis, comparison and measurement. The comparative-legal method is used as a special scientific method. The author offers to define corruption fraud as a theft of somebody else’s property or acquisition of property right on somebody else’s property by deception or a breach of trust, committed by a person using his official position. The novelty of the research lies in the attempt to develop the proposal to revise the range of subjects of this type of crime, to consider the existing new practical forms of objective corruption frauds and to correlate them with the theory and practice of international law. 

Keywords: international cooperation, combating corruption, corruption, global problems, convention, international law, fraud, administrative responsibility, criminal liability, specialized bodies