DOI: 10.7256/2454-0595.2015.2.12797

Abstract: The article provides the assessment of forms of direct citizens’ participation in public control, reveals contradictions and gaps in a legal status of a public inspector. The article defines the correlation of general and sectoral legislative regulations dealing with citizens’ participation in public control, and the practice of regulation of this sphere in the regions of the Russian Federation; offers a comprehensive assessment of the mechanism of direct citizens’ participation in public control in the context of goals and forms of public control fixed in the federal and regional legislation. The research is based on the innovations of Russian law, correlation of content and goals of public control in the sectoral federal laws. The new public control model and the citizens’ place within it are determined by the priority of assessment-analytical goals of this activity over the goal of violations in public management revelation. But the sectoral and regional legislation regulations show the priority of legality provision in public management over the analysis and assessment of activities of different levels of authority. 

Keywords: public control, civic control, public inspector, public expert, Civic Chamber, civic council, forms of control, public control subjects, public control grounds, assessment-analytical activity

DOI: 10.7256/2454-0595.2015.2.66150

Abstract: The article provides the assessment of forms of direct citizens’ participation in public control, reveals contradictions and gaps in a legal status of a public inspector. The article defines the correlation of general and sectoral legislative regulations dealing with citizens’ participation in public control, and the practice of regulation of this sphere in the regions of the Russian Federation; offers a comprehensive assessment of the mechanism of direct citizens’ participation in public control in the context of goals and forms of public control fixed in the federal and regional legislation. The research is based on the innovations of Russian law, correlation of content and goals of public control in the sectoral federal laws. The new public control model and the citizens’ place within it are determined by the priority of assessment-analytical goals of this activity over the goal of violations in public management revelation. But the sectoral and regional legislation regulations show the priority of legality provision in public management over the analysis and assessment of activities of different levels of authority. 

Keywords: public control, civic control, public inspector, public expert, Civic Chamber, civic council, forms of control, public control subjects, public control grounds, assessment-analytical activity

DOI: 10.7256/2454-0595.2015.2.14090

Abstract: The article deals with the legal nature and essential characteristics of legislation giving grounds for administrative detention. Some drawbacks of administrative legislation concerning detention in the Russian Federation are analyzed in the paper. The absence of detailed enumeration of grounds for administrative detention in the art 27.3 of the Administrative Code makes its definition not clear enough for its practical usage. The general scientific methods of cognition such as the method of analysis, the comparative method, the system and structural methods, the legal and technical research methods form the methodological basis of the article. The article investigates the acute problem connected with the administrative detention of a person who has not been brought to trial and consequently is not instituted to administrative proceedings. In the author's opinion, it doesn't mean that the detention was illegal or violated the requirements of the Constitution of the Russian Federation and International Law.The author underlines the fact that there is a strong necessity to protect the rights of the detained person who is intoxicated and to examine him by the psychiatrist legally, besides it is necessary to fix the period of time within which the particular person becomes sober without any medical assistance. Nowadays under the current legislation it is impossible to determine the commencement of the period of administrative detention for persons who are intoxicated.The article draws attention to the fact that there is a lack of general regulations of appealing against administrative detention in the current Code of Administrative Offences of the Russian Federation. Consequently, according to the author, it is necessary to develop a unified approach to the procedure of appealing against administrative detention despite the fact what public authorities or authorized officials carry out the detention.It is concluded that administrative detention should comply with the Convention on Protection of Human Rights and Fundamental Freedoms and pursue a legitimate purpose. According to the author, the absence of the latter doesn't allow consideration of administrative detention as reasonably necessary for prevention an offence, and this fact testifies to its arbitrary nature.

Keywords: administrative responsibility grounds, measures of provision, administrative coercion, administrative offence, legislation, code, administrative detention, physical person, person, rights and freedoms

DOI: 10.7256/2454-0595.2015.2.66151

Abstract: The article deals with the legal nature and essential characteristics of legislation giving grounds for administrative detention. Some drawbacks of administrative legislation concerning detention in the Russian Federation are analyzed in the paper. The absence of detailed enumeration of grounds for administrative detention in the art 27.3 of the Administrative Code makes its definition not clear enough for its practical usage. The general scientific methods of cognition such as the method of analysis, the comparative method, the system and structural methods, the legal and technical research methods form the methodological basis of the article. The article investigates the acute problem connected with the administrative detention of a person who has not been brought to trial and consequently is not instituted to administrative proceedings. In the author's opinion, it doesn't mean that the detention was illegal or violated the requirements of the Constitution of the Russian Federation and International Law.The author underlines the fact that there is a strong necessity to protect the rights of the detained person who is intoxicated and to examine him by the psychiatrist legally, besides it is necessary to fix the period of time within which the particular person becomes sober without any medical assistance. Nowadays under the current legislation it is impossible to determine the commencement of the period of administrative detention for persons who are intoxicated.The article draws attention to the fact that there is a lack of general regulations of appealing against administrative detention in the current Code of Administrative Offences of the Russian Federation. Consequently, according to the author, it is necessary to develop a unified approach to the procedure of appealing against administrative detention despite the fact what public authorities or authorized officials carry out the detention.It is concluded that administrative detention should comply with the Convention on Protection of Human Rights and Fundamental Freedoms and pursue a legitimate purpose. According to the author, the absence of the latter doesn't allow consideration of administrative detention as reasonably necessary for prevention an offence, and this fact testifies to its arbitrary nature.

Keywords: administrative responsibility grounds, measures of provision, administrative coercion, administrative offence, legislation, code, administrative detention, physical person, person, rights and freedoms

DOI: 10.7256/2454-0595.2015.2.12820

Abstract: One of the ways of legality provision in the proceedings on administrative offences is an obligatory issue of summons on the person, charged with the offence commitment. The improper issue of summons is an unconditional reason for cancelation of determination about administrative punishment infliction. Procedural legislation regulates this sphere inconsistently, consequently, a plenty of problems appear in law-enforcement practice. The article analyzes the criteria of proper issue of summons in the proceedings on administrative offences set in law-enforcement practice. The author uses the general scientific methods (analysis and modeling), and the special methods (comparative-juridical and technical-juridical). The article reveals the problems appearing with serving the summons on the persons, committed the violation norms of the existing legislation. One of the main problems is the evasion of a person from the receipt of summons, and the absence of the algorithm of actions for the administrative bodies’ officials in such situations in the existing legislation. On the base of judicial practice analysis the author offers the possible way to solve this problem. 

Keywords: proper issue of a summons, proper issue of a summons criteria, proceedings, way of serving a summons, place of serving a summons, improper issue of a summons, administrative coercion, administrative offence, types of improper issue of a summons, summons

DOI: 10.7256/2454-0595.2015.2.66152

Abstract: One of the ways of legality provision in the proceedings on administrative offences is an obligatory issue of summons on the person, charged with the offence commitment. The improper issue of summons is an unconditional reason for cancelation of determination about administrative punishment infliction. Procedural legislation regulates this sphere inconsistently, consequently, a plenty of problems appear in law-enforcement practice. The article analyzes the criteria of proper issue of summons in the proceedings on administrative offences set in law-enforcement practice. The author uses the general scientific methods (analysis and modeling), and the special methods (comparative-juridical and technical-juridical). The article reveals the problems appearing with serving the summons on the persons, committed the violation norms of the existing legislation. One of the main problems is the evasion of a person from the receipt of summons, and the absence of the algorithm of actions for the administrative bodies’ officials in such situations in the existing legislation. On the base of judicial practice analysis the author offers the possible way to solve this problem. 

Keywords: proper issue of a summons, proper issue of a summons criteria, proceedings, way of serving a summons, place of serving a summons, improper issue of a summons, administrative coercion, administrative offence, types of improper issue of a summons, summons

DOI: 10.7256/2454-0595.2015.2.14281

Abstract: 1. The subject of the article includes legal and organizational problems of revelation of causes and conditions of administrative delicts. The object of the article is a range of public relations in the sphere of prevention and prophylaxis of administrative offences. The authors pay special attention to the forms and methods of activities of state power and administration bodies aimed at the prevention of administrative offences. Special attention is paid to the theory of this problem; the article formulates the proposals about the improvement of the legislation in the sphere of administrative offences. Also, special attention is concentrated on the logical connection of administrative offences and criminal delicts. 2. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in specific sociological researches. 3. The main conclusions of the research relate to the improvement of the legislation on administrative offences. The originality of this paper consists in the fact that it presents a comprehensive evaluation of public authorities' activities in the sphere of offences prevention; substantiates the use of the system approach in the sphere of crimes and administrative offences prevention. The specific contribution of the article consists in the conclusion that  the achievement of significant results in provision of the rule of law and protection of the rights of citizens from various illegal encroachments is possible only on the basis of a complex approach to crime prevention.

DOI: 10.7256/2454-0595.2015.2.66153

Abstract: 1. The subject of the article includes legal and organizational problems of revelation of causes and conditions of administrative delicts. The object of the article is a range of public relations in the sphere of prevention and prophylaxis of administrative offences. The authors pay special attention to the forms and methods of activities of state power and administration bodies aimed at the prevention of administrative offences. Special attention is paid to the theory of this problem; the article formulates the proposals about the improvement of the legislation in the sphere of administrative offences. Also, special attention is concentrated on the logical connection of administrative offences and criminal delicts. 2. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in specific sociological researches. 3. The main conclusions of the research relate to the improvement of the legislation on administrative offences. The originality of this paper consists in the fact that it presents a comprehensive evaluation of public authorities' activities in the sphere of offences prevention; substantiates the use of the system approach in the sphere of crimes and administrative offences prevention. The specific contribution of the article consists in the conclusion that  the achievement of significant results in provision of the rule of law and protection of the rights of citizens from various illegal encroachments is possible only on the basis of a complex approach to crime prevention.

Keywords: delikt, pravonarushenie, politsiya, zakon, pravo, profilaktika, preduprezhdenie, kriminal

DOI: 10.7256/2454-0595.2015.2.12900

Abstract: The article considers the problems related to use of means of restraint by security forces of the Russian Federation in the light of its commitments in the sphere of use of weapons of war, use of force and firearms by security forces. Combating crime is not the problem of a distinct state anymore. Some criminal actions, such as production and distribution of drugs, counterfeiting of money and distrubution of bad money, piracy, androlepsy, and others pose danger not only on the regional, but also on the international level. It is a historical trend that each state works out its own mechanisms of combating crime, but there is one common feature, lying in the fact that security forces are mainly armed with the weapons which are adopted by their states’ armies, i.e. the weapons of war. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods used in sociological research (the statistical method, expert evaluations, etc.). The analysis of international normative legal acts in the sphere of weapons of war creation and restriction of use, specifically the particular kinds of conventional weapons, and their use by security forces during the performance of their duties, had shown the necessity of further development of normative acts, enhancing the order of creation and use of non-lethal weapons. It is noted that the collective bodies of the international community call the states upon for arming their security forces with the weapons, allowing use of force differentiating and not wounding severely.

Keywords: means, protection, gas, police, truncheon, stick, handcuffs, rights, standard, guard

DOI: 10.7256/2454-0595.2015.2.66154

Abstract: The article considers the problems related to use of means of restraint by security forces of the Russian Federation in the light of its commitments in the sphere of use of weapons of war, use of force and firearms by security forces. Combating crime is not the problem of a distinct state anymore. Some criminal actions, such as production and distribution of drugs, counterfeiting of money and distrubution of bad money, piracy, androlepsy, and others pose danger not only on the regional, but also on the international level. It is a historical trend that each state works out its own mechanisms of combating crime, but there is one common feature, lying in the fact that security forces are mainly armed with the weapons which are adopted by their states’ armies, i.e. the weapons of war. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods used in sociological research (the statistical method, expert evaluations, etc.). The analysis of international normative legal acts in the sphere of weapons of war creation and restriction of use, specifically the particular kinds of conventional weapons, and their use by security forces during the performance of their duties, had shown the necessity of further development of normative acts, enhancing the order of creation and use of non-lethal weapons. It is noted that the collective bodies of the international community call the states upon for arming their security forces with the weapons, allowing use of force differentiating and not wounding severely.

Keywords: means, protection, gas, police, truncheon, stick, handcuffs, rights, standard, guard

DOI: 10.7256/2454-0595.2015.2.12839

Abstract: The research object includes the legal and methodological problems of license fees (royalties and flat payments) inclusion in the customs value of goods. The article analyzes the existing legislation in this sphere. The research subject includes the existing gaps in the national and international customs legislation in the sphere of movement of intellectual property objects across the border of the Customs union. The article defines the possible ways of inclusion of license fees into the customs value. The methodology of the research is based on the legal analysis and the content-analysis of the order of inclusion of license fees into the customs value of goods when crossing the border of the Customs union. The scientific originality consists in the complex study of customs and civil regulations in the sphere of intellectual property; the revelation of contradictions and gaps; suggestions about the enhancement of legislation in the sphere of movement of intellectual property objects across the customs border. In the author’s opinion, the custom authorities should take the following measures: it is necessary to define the documents establishing license fees payment as a condition for the goods selling; the calculation of interest payments when defining the customs value of goods, and the inclusion of agents’ fees into the customs value should be specified; it is recommended to distinctly represent the type of license fee and the order of its transfer, proved by the entries, in the license contract; it is necessary to regulate the disputable questions of deferred fixing of customs value. 

Keywords: intellectual property, license contract, royalty, flat payment, customs value, the Customs Union, Customs Code, deferred payment, valuation adjustment, license payment

DOI: 10.7256/2454-0595.2015.2.66155

Abstract: The research object includes the legal and methodological problems of license fees (royalties and flat payments) inclusion in the customs value of goods. The article analyzes the existing legislation in this sphere. The research subject includes the existing gaps in the national and international customs legislation in the sphere of movement of intellectual property objects across the border of the Customs union. The article defines the possible ways of inclusion of license fees into the customs value. The methodology of the research is based on the legal analysis and the content-analysis of the order of inclusion of license fees into the customs value of goods when crossing the border of the Customs union. The scientific originality consists in the complex study of customs and civil regulations in the sphere of intellectual property; the revelation of contradictions and gaps; suggestions about the enhancement of legislation in the sphere of movement of intellectual property objects across the customs border. In the author’s opinion, the custom authorities should take the following measures: it is necessary to define the documents establishing license fees payment as a condition for the goods selling; the calculation of interest payments when defining the customs value of goods, and the inclusion of agents’ fees into the customs value should be specified; it is recommended to distinctly represent the type of license fee and the order of its transfer, proved by the entries, in the license contract; it is necessary to regulate the disputable questions of deferred fixing of customs value. 

Keywords: intellectual property, license contract, royalty, flat payment, customs value, the Customs Union, Customs Code, deferred payment, valuation adjustment, license payment

DOI: 10.7256/2454-0595.2015.2.12907

Abstract: The article studies the problems of citizens’ rights and freedoms provision by means of administrative-legal mechanism of the police’s activities. Attention is paid to the constructive components of the methodological approach to the provision of citizens’ rights and freedoms in the police’s activities. The article considers the main stages of development of a theory, connected with the provision of citizens’ rights and freedoms in the activities of the Internal Affairs bodies (the police); on the base of the research the author suggests the amendments to the existing legislation which can improve the work of public authorities’ and the Internal Affairs bodies (the police). The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical methods, expert evaluations, etc.). The results of the research can be used in the analysis of the genesis of development of the theory connected with the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs (the police). The consideration of some problems of the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs gives the opportunity to pay attention to the fact that the administrative-legal instruments can’t be effectively used without the application of intersectoral approach, particularly if it concerns the problem under consideration. 

Keywords: methodology, rights, freedoms, police, provision, guard, protection, standard, police officer , means

DOI: 10.7256/2454-0595.2015.2.66156

Abstract: The article studies the problems of citizens’ rights and freedoms provision by means of administrative-legal mechanism of the police’s activities. Attention is paid to the constructive components of the methodological approach to the provision of citizens’ rights and freedoms in the police’s activities. The article considers the main stages of development of a theory, connected with the provision of citizens’ rights and freedoms in the activities of the Internal Affairs bodies (the police); on the base of the research the author suggests the amendments to the existing legislation which can improve the work of public authorities’ and the Internal Affairs bodies (the police). The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical methods, expert evaluations, etc.). The results of the research can be used in the analysis of the genesis of development of the theory connected with the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs (the police). The consideration of some problems of the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs gives the opportunity to pay attention to the fact that the administrative-legal instruments can’t be effectively used without the application of intersectoral approach, particularly if it concerns the problem under consideration. 

Keywords: methodology, rights, freedoms, police, provision, guard, protection, standard, police officer, means

DOI: 10.7256/2454-0595.2015.2.12915

Abstract: The article considers the problems of correlation of such functions of judicial bodies of constitutional control as the legal protection of constitution and the protection of human and citizen’s constitutional rights and freedoms. Relying on the analysis of a range of the decisions of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe, the author concludes that these bodies often change the essence of constitutional regulations. Particularly, the constitutional courts put the wrong construction on the constitutional regulations which provide the right to life, impose a ban on capital punishment and euthanasia even with the absence of this rule in the constitutional regulations. The decisions of the judicial bodies of constitutional control can also change the subject of constitutional rights (introducing the right to life for an unborn child). The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods which are used in specific sociological research (the statistical methods, expert evaluations, etc.). At the same time, the analysis of practice of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe shows that in the process of their main goal achievement these bodies not only decide about the constitutionality of the legal act, but also form their attitude towards the legal problems under consideration, i.e. their legal position which contains the interpretation of constitutional regulations which provide human and citizen’s right and freedoms. Simultaneously, the judicial bodies of constitutional control specify the essence and the content of constitutional regulations with regard to the sphere of public life which is regulated by law or other normative legal act, the constitutionality of which is being verified. The approach to the legal position of the constitutional court as an obligatory interpretation of constitutional regulations is conventional in the modern constitutional law studies in Russia and Central and Eastern Europe states. 

Keywords: provision, law, control, body, safety, protection, court, life, freedoms, rights

DOI: 10.7256/2454-0595.2015.2.66157

Abstract: The article considers the problems of correlation of such functions of judicial bodies of constitutional control as the legal protection of constitution and the protection of human and citizen’s constitutional rights and freedoms. Relying on the analysis of a range of the decisions of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe, the author concludes that these bodies often change the essence of constitutional regulations. Particularly, the constitutional courts put the wrong construction on the constitutional regulations which provide the right to life, impose a ban on capital punishment and euthanasia even with the absence of this rule in the constitutional regulations. The decisions of the judicial bodies of constitutional control can also change the subject of constitutional rights (introducing the right to life for an unborn child). The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods which are used in specific sociological research (the statistical methods, expert evaluations, etc.). At the same time, the analysis of practice of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe shows that in the process of their main goal achievement these bodies not only decide about the constitutionality of the legal act, but also form their attitude towards the legal problems under consideration, i.e. their legal position which contains the interpretation of constitutional regulations which provide human and citizen’s right and freedoms. Simultaneously, the judicial bodies of constitutional control specify the essence and the content of constitutional regulations with regard to the sphere of public life which is regulated by law or other normative legal act, the constitutionality of which is being verified. The approach to the legal position of the constitutional court as an obligatory interpretation of constitutional regulations is conventional in the modern constitutional law studies in Russia and Central and Eastern Europe states. 

Keywords: provision, law, control, body, safety, protection, court, life, freedoms, rights

DOI: 10.7256/2454-0595.2015.2.12903

Abstract: The turn of the twentieth – the twenty-first centuries was marked by the active development of equity market in the Russian Federation. The adoption of a big amount of normative acts in this sphere determined the appearance of problems, connected with the structuring of the components of administrative offences; defining the measures of state coercion for the delinquencies in the sphere of equity market; order of proceedings on administrative offences. The article is aimed at the consideration of this set of problems and the formulation of suggestions about the enhancement of administrative jurisdiction in the sphere of equity market. The methodology of the research is based in the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical method, expert evaluations, etc.). The analysis of administrative offences in the sphere of equity market, contained in the Code of Administrative Offences of the Russian Federation, shows that, unlike the offences in the spheres of finances, taxes and charges, the administrative offences in this sphere are contained, actually, in one codified normative legal act – the Code of Administrative Offences of the Russian Federation. The latest variant seems to be optimal and can serve as a base when reforming of administrative-jurisdictional legislation in the sphere of finances, taxes and charges, insurance, and equity market. 

Keywords: responsibility, offence, finances, jurisdiction, bank, coercion, control, sanction, composition, features

DOI: 10.7256/2454-0595.2015.2.66158

Abstract: The turn of the twentieth – the twenty-first centuries was marked by the active development of equity market in the Russian Federation. The adoption of a big amount of normative acts in this sphere determined the appearance of problems, connected with the structuring of the components of administrative offences; defining the measures of state coercion for the delinquencies in the sphere of equity market; order of proceedings on administrative offences. The article is aimed at the consideration of this set of problems and the formulation of suggestions about the enhancement of administrative jurisdiction in the sphere of equity market. The methodology of the research is based in the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical method, expert evaluations, etc.). The analysis of administrative offences in the sphere of equity market, contained in the Code of Administrative Offences of the Russian Federation, shows that, unlike the offences in the spheres of finances, taxes and charges, the administrative offences in this sphere are contained, actually, in one codified normative legal act – the Code of Administrative Offences of the Russian Federation. The latest variant seems to be optimal and can serve as a base when reforming of administrative-jurisdictional legislation in the sphere of finances, taxes and charges, insurance, and equity market. 

Keywords: responsibility, offence, finances, jurisdiction, bank, coercion, control, sanction, composition, features

DOI: 10.7256/2454-0595.2015.2.14140

Abstract: The subject of the review contains the legal and organizational problems of administrative jurisdiction in the financial sector. The object of the review contains public relations arising in the implementation of administrative and jurisdictional activity in the financial sector. Suitable circumstance led to a tendency to "exit" from the field of legal regulation of the Administrative Code of sanctions for violations in the financial sector. The review concluded that the beginning of the relevant area was laid in the Tax Code, Part 1 which contains a large number of offenses, duplicating similar, in fact, components of crimes set out in the Code of Administrative Offences.The methodology of the review is based on the modern achievements of epistemology. The study used the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the techniques used in empirical sociological research.The review concluded that the monograph is a research of high quality which provides a comprehensive solution of actual legal problems due to the conceptual justification of administrative and jurisdictional relationships in the financial sector, performed at a high scientific and theoretical and methodological levels, is an organic combination of innovative doctrinal and applied concepts of administrative jurisdiction and may be used for research in the science of administrative law and procedure.

Keywords: market, process, enforcement, collection, bank, tax, jurisdiction, finance, budget, regulation

DOI: 10.7256/2454-0595.2015.2.66159

Abstract: The subject of the review contains the legal and organizational problems of administrative jurisdiction in the financial sector. The object of the review contains public relations arising in the implementation of administrative and jurisdictional activity in the financial sector. Suitable circumstance led to a tendency to "exit" from the field of legal regulation of the Administrative Code of sanctions for violations in the financial sector. The review concluded that the beginning of the relevant area was laid in the Tax Code, Part 1 which contains a large number of offenses, duplicating similar, in fact, components of crimes set out in the Code of Administrative Offences.The methodology of the review is based on the modern achievements of epistemology. The study used the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the techniques used in empirical sociological research.The review concluded that the monograph is a research of high quality which provides a comprehensive solution of actual legal problems due to the conceptual justification of administrative and jurisdictional relationships in the financial sector, performed at a high scientific and theoretical and methodological levels, is an organic combination of innovative doctrinal and applied concepts of administrative jurisdiction and may be used for research in the science of administrative law and procedure.

Keywords: market, process, enforcement, collection, bank, tax, jurisdiction, finance, budget, regulation

DOI: 10.7256/2454-0595.2015.2.13465

Abstract: The research subject is the Anglo-Saxon legal system as one of the most widespread systems in the world juridical practice. The authors note that many countries of this legal system have been more successful in combating corruption than the Russian Federation, and the adoption of their experience could have positive results in the Russian practice. It is possible that the results of the analysis of different methodological approaches, applied in the formation of norms about the subjects of corruption crimes, based on the international and foreign experience, will help the scholars to formulate the universal system of efficiency criteria of the national penal legislation depending on the degree of coverage of corruption crimes subjects whose socially dangerous acts form penal corruption. On the base of the comparative-legal method the authors analyze a wide range of archive materials, scientific works, and press. The application of the formal-juridical method helped formulate the authors’ definitions. In the authors’ opinion, Russian penal legislation should organically allocate with penal legislation of foreign states in order to provide the functioning of a single interstate legal system of combating corruption as a crime. It should meet the modern corruption challenges and timely criminalize the most dangerous forms of corruption. It should also contain certain principles, providing the opportunity (following the principles of legality and guilt) to immediately react to the new ways, methods and forms of corruption crimes within the provided by penal legislation (in the special part of Criminal Code of the Russian Federation) components of crime. 

Keywords: corruption, foreign law, corruption crime subject, combating corruption, juridical technique , Anglo-Saxon law, organized crime, blanket rules, corporation responsibility, prevention of corruption

DOI: 10.7256/2454-0595.2015.2.66160

Abstract: The research subject is the Anglo-Saxon legal system as one of the most widespread systems in the world juridical practice. The authors note that many countries of this legal system have been more successful in combating corruption than the Russian Federation, and the adoption of their experience could have positive results in the Russian practice. It is possible that the results of the analysis of different methodological approaches, applied in the formation of norms about the subjects of corruption crimes, based on the international and foreign experience, will help the scholars to formulate the universal system of efficiency criteria of the national penal legislation depending on the degree of coverage of corruption crimes subjects whose socially dangerous acts form penal corruption. On the base of the comparative-legal method the authors analyze a wide range of archive materials, scientific works, and press. The application of the formal-juridical method helped formulate the authors’ definitions. In the authors’ opinion, Russian penal legislation should organically allocate with penal legislation of foreign states in order to provide the functioning of a single interstate legal system of combating corruption as a crime. It should meet the modern corruption challenges and timely criminalize the most dangerous forms of corruption. It should also contain certain principles, providing the opportunity (following the principles of legality and guilt) to immediately react to the new ways, methods and forms of corruption crimes within the provided by penal legislation (in the special part of Criminal Code of the Russian Federation) components of crime. 

Keywords: corruption, foreign law, corruption crime subject, combating corruption, juridical technique, Anglo-Saxon law, organized crime, blanket rules, corporation responsibility, prevention of corruption

DOI: 10.7256/2454-0595.2015.2.13872

Abstract: The article is devoted to the disputable questions of the existing legal normative acts expertize by the public prosecution bodies of the Russian Federation. The research subject is a review expertise in the sphere of combating corruption. The author considers the peculiarities of corruptibility expertises carried out by the public prosecution bodies, and their difference from the expertises carried out by other bodies. The research contains the discussion about the role of the Investigating Committee of the Russian Federation in anti-corruption expertize. Special attention is paid to the assize, dealing with the Public Prosecutor’ office’s demands. The methodology of the research is based on the dialectical materialism and the universal general scientific methods of cognition: comparison, analysis, synthesis, and others. The author concludes that review expertise, held by the public prosecution bodies, is one of the most effective types of expertise due to the absence of its dependence on the authors of legal acts, on the one hand, and the regularity of anti-corruption expertize and, consequently, a wide experience in this sphere, on the other hand. In the conclusion the author proves the necessity of amending of part 1 art 251 of Civil Procedure Code of the Russian Federation “Filing Applications for Disputing Legal Normative Acts”

Keywords: anti-corruption expertise, public prosecution bodies, peculiarities, independence, corruption, review expertise, legal normative acts, combating corruption, the Investigating Committee of the Russian Federat, the Public Prosecutor's Office of the Russian Fede

DOI: 10.7256/2454-0595.2015.2.66161

Abstract: The article is devoted to the disputable questions of the existing legal normative acts expertize by the public prosecution bodies of the Russian Federation. The research subject is a review expertise in the sphere of combating corruption. The author considers the peculiarities of corruptibility expertises carried out by the public prosecution bodies, and their difference from the expertises carried out by other bodies. The research contains the discussion about the role of the Investigating Committee of the Russian Federation in anti-corruption expertize. Special attention is paid to the assize, dealing with the Public Prosecutor’ office’s demands. The methodology of the research is based on the dialectical materialism and the universal general scientific methods of cognition: comparison, analysis, synthesis, and others. The author concludes that review expertise, held by the public prosecution bodies, is one of the most effective types of expertise due to the absence of its dependence on the authors of legal acts, on the one hand, and the regularity of anti-corruption expertize and, consequently, a wide experience in this sphere, on the other hand. In the conclusion the author proves the necessity of amending of part 1 art 251 of Civil Procedure Code of the Russian Federation “Filing Applications for Disputing Legal Normative Acts”

Keywords: anti-corruption expertise, public prosecution bodies, peculiarities, independence, corruption, review expertise, legal normative acts, combating corruption, the Investigating Committee of the Russian Federat

DOI: 10.7256/2454-0595.2015.2.14152

Abstract: The article deals with the development and formation of the institute of local self-government in Russia as a subject of administrative law in different historical realities of the state. The author emphasizes the need for redistribution of powers from the central government to local governments. The author reveals the peculiarities of interaction and interrelationship of decentralized management as compared with the central government, focuses on the problem of the government's influence on the autonomy and independence of local governments. It is concluded that in the process of development and formation of local self-government the state surveillance through the increasing influence on the actions of the municipal government has been growing.  The author uses the methods of internal comparison of Russian legal system, the complex general-theoretical and empirical methods - the methods of analogy (according to which the author establishes the similarity of local governments on various stages of development), and deduction. The author justifies the conclusion about the central government's influence on local governments. The author notes the importance of reference to the history of local governments formation which is of a big scientific and practical interest for the development of regulations about the Local Government. The author outlines the peculiarities of Zemstvos, which are still significant. In addition, the relevance of the article is conditioned by the need to broaden the understanding of the idea, the stages of development and the characteristics of the institution of local self-government with a practical aim of extracting the positive and negative experiences from the processes of establishing, formation and activities of local governments in the modern world.

DOI: 10.7256/2454-0595.2015.2.66162

Abstract: The article deals with the development and formation of the institute of local self-government in Russia as a subject of administrative law in different historical realities of the state. The author emphasizes the need for redistribution of powers from the central government to local governments. The author reveals the peculiarities of interaction and interrelationship of decentralized management as compared with the central government, focuses on the problem of the government's influence on the autonomy and independence of local governments. It is concluded that in the process of development and formation of local self-government the state surveillance through the increasing influence on the actions of the municipal government has been growing.  The author uses the methods of internal comparison of Russian legal system, the complex general-theoretical and empirical methods - the methods of analogy (according to which the author establishes the similarity of local governments on various stages of development), and deduction. The author justifies the conclusion about the central government's influence on local governments. The author notes the importance of reference to the history of local governments formation which is of a big scientific and practical interest for the development of regulations about the Local Government. The author outlines the peculiarities of Zemstvos, which are still significant. In addition, the relevance of the article is conditioned by the need to broaden the understanding of the idea, the stages of development and the characteristics of the institution of local self-government with a practical aim of extracting the positive and negative experiences from the processes of establishing, formation and activities of local governments in the modern world.

Keywords: caste society, government, local authorities, zemstvo, reform, administrative law, public administration, the government, local authorities, serfdom.