Abstract: The subject of the research includes constitutional legal and international legal standards regulating the basic principle of the right of people (nations) to self-determination in the process of political and legal implementation of this principle. The object of the research includes the subjects of public relations appearing in the process of implementation of a self-determination principle. The author considers such parties of the right to self-determination as ethnos, race, nation and people. The author offers his own definitions of the notions “people” and “nation”. Special attention is paid to the question of legal personality of peoples and nations. The methodology of the research is based on the general scientific and the special methods of cognition, including the logical method, analysis and synthesis, the system-structural method and others. The novelty of the research lies in the fact that it contains a complex analysis and a theoretical interpretation of the urgent and unstudied issues of definition of the parties of the right to self-determination and offers the ways of enforcement of constitutional recognition of this right. The practical importance of the research lies in the fact that the formulated theoretical propositions and scientific conclusions are directed at the development of scientific knowledge about the legal nature, the essence, and the peculiarities of the parties of the right to self-determination; the study can serve a base for a further scientific research in this sphere. The results of the research can be used for education, lectures, seminars and practical studies of students of law. The main conclusion of the research is the conception that the right to self-determination should belong to the people. The people is the basic party of this right, but this fact doesn’t preclude the possibility of realization of this right by other enumerated parties.

Keywords: state, legal personality, people, nation, race, ethnos, self-determination, territory, language, culture

DOI: 10.7256/2454-0595.2015.5.66436

Keywords: state, legal personality, people, nation, race, ethnos, self-determination, territory, language, culture

DOI: 10.7256/2454-0595.2015.5.13580

Abstract: The author states that the formation of a modern and effective public service of the Russian state is one of priority directions of reforms taking place in administrative and political sphere of public service. At present the organization of public service within the system of Internal Affairs of the Russian Federation and its personnel policy don’t meet the requirements of socio-economic development of the country. The consequences can be seen almost in all spheres of life: in economics, financial activities, social sphere, science and culture, in internal and international affairs, defense and security. The research is based on the presented grounds. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Public service in general and service in the bodies of internal affairs in particular, is an essential element of the modern Russian state. Public service of any kinds and forms is always aimed at implementation of the state policy and the state functions. Therefore, public service as a political institution is directly dialectically connected with the state and, thus, is an interim link between a citizen and a public servant implementing any state functions.

Keywords: service, servant, official, Ministry of Internal Affairs, police, bodies of internal affairs, contract, rights, responsibilities, state

DOI: 10.7256/2454-0595.2015.5.66437

Keywords: service, servant, official, Ministry of Internal Affairs, police, bodies of internal affairs, contract, rights, responsibilities, state

DOI: 10.7256/2454-0595.2015.5.14928

Abstract: The work of regulatory authorities is a priority for any modern state. During the last decade the Russian Federation is trying to improve the enforcement agencies by conducting large-scale administrative reforms, introduction of modern governance mechanisms and use of experience of the advanced Western countries. There is no doubt that the effectiveness of supervisory bodies depends not only on security and law and order, protection of rights and freedoms of citizens, their social well-being, but, importantly, on the decrease of corruption and crime in the country, as ineffective and corrupt practices of enforcement agencies damage the economy of the country, the development of small and medium-sized businesses, destroy the initiative of the population in the development of various social processes aimed at improvement of the welfare of our country, and are of great distrust and disrespect for the public authorities and their officials.The solution of these most difficult tasks is impossible without close cooperation of public authorities and civil society. Therefore, the duty of the state is to create the necessary mechanisms for such collaboration, to secure them in the current legislation and to ensure the correct implementation of the established principles and rules.

Keywords: supervisory body, civil society, mass media, transparency of pubic authorities, government supervision, Executive power, information society, corruption, public administration, information

DOI: 10.7256/2454-0595.2015.5.66438

Keywords: supervisory body, civil society, mass media, transparency of pubic authorities, government supervision, Executive power, information society, corruption, public administration, information

DOI: 10.7256/2454-0595.2015.5.15104

Abstract: The article presents the data, important in the sphere of juvenile administrative delinquency. As the object of the research the author considers deviant behavior of juvenile offenders and adolescents inclined to delinquent behavior. The subject of the study includes socio-psychological peculiarities of personality and individual psychological traits (accentuations), the structure of which determines the moral regulation of behavior, value orientations of a teenager's personality and especially his deviant behavior.The methodology of the research is based on the concepts of administrative jurisdiction, social control, and administrative delinquency, formed in criminology, social psychology, and legal psychology. It is shown that from a socio-psychological point of view deviant behavior of adolescents is a significant problem. It results from the fact that deviant behavior is typical for most teenagers, and many researchers consider it as an age-specific behavioral norm. On the other hand, deviant behavior contains a risk of socio-pathological deformations of personality in which deviant behavior is socially dangerous. The most extreme option in this row is delinquent, i.e. illegal, behavior of adolescents who commit crimes of varying severity.Currently juvenile delinquency is characterized by special impudence, cynicism and a complete lack of moral regulation of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important for criminology from a socio-psychological point of view, confirms the need for a significant intensification and a wider application of measures of social control as a normative regulator of behavior and realization of personal goals of juvenile offenders.

Keywords: Accentuation of character, structure of character, Social control, Moral normativity, Social psychology, Underage teenager, Administrative offence, Value orientation, Deviant behavior, Delinquent behavior

DOI: 10.7256/2454-0595.2015.5.66439

DOI: 10.7256/2454-0595.2015.5.14366

Abstract: The article is devoted to the study of the peculiarities of imposition of administrative responsibility for the violation of migration laws on legal entities. The author considers the issues of infliction of punishment lower than the lowest limit stated in the corresponding article, and the peculiarities of responsibility in case of a belated notification about the conclusion of a labour contract with a foreign national. The article considers a range of changes which came into effect in the late 2014, and which relate to the enforcement of responsibility of legal entities for the violation of migration laws. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and the general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Administrative-legal regulation of migration of the population is one of the urgent problems in the sphere of state management for the following reasons: demographical problems, and insufficient theoretical study of the role and the importance of migration process in demographical development of the Russian Federation. These and other problems provoke a wide range of negative consequences in the sphere of enforcement of law and socio-economic development of the country. Every year illegal migration attracts more and more attention of public authorities. Annually the government considers the problems of migration in different contexts, defines the quotas of foreign labour use in the Russian Federation, and solves other problems in the sphere of migration policy. But despite the measures taken, the global problems in the sphere of migration policy haven’t been solved yet.

Keywords: responsibility, migration, the Federal Migration Service , punishment, sanction, entity, foreign national, deportation, exclusion, fine

DOI: 10.7256/2454-0595.2015.5.66440

Keywords: responsibility, migration, the Federal Migration Service, punishment, sanction, entity, foreign national, deportation, exclusion, fine

DOI: 10.7256/2454-0595.2015.5.12588

Abstract: The article considers the problems of administrative responsibility for corruption. The legislation of the Russian Federation in the sphere of administrative offences is one of the key elements in the mechanism of combating corruption. As an administrative offence of corruption character the author understands the action (inaction) of an individual person or a legal entity committed intentionally or due to carelessness with the use of official standing and deviation from rights and duties. In order to reveal corruption crimes in the Code of Administrative Offences of the Russian Federation it is supposed to proceed from the presence of: elements of bribery (article 5.16. Bribery of Voters or Participants of a Referendum, article 19.28. Unlawful Remuneration on Behalf of a Legal Entity); use of official standing (Taking Advantage of an Individual's Office or Official Position During an Election Campaign or a Referendum Campaign); violations of norms providing law and order of public management and, among others, aimed at combating corruption (article 19.29. Unlawful Engaging in Labour Activities or in Carrying Out Works and Rendering Services of a State or Municipal Civil Servant or a Former Civil Servant or Municipal Employee). On the basis of these criteria at least 11 articles of the Code should be rated as corruption offences. The author uses the logical and the statistical methods of research, studies analytical documents of the Prosecutor General’s Office of the Russian Federation, materials of judicial practice. The author offers the definition of administrative offences of corruption character and their list. The article considers some problems appearing in law enforcement practice in the process of qualification of administrative offences specified in art. 19.28, 19.29 of the Code. The author concludes: 1) Elaboration and normative establishing of a range of articles of the Code of Administrative Offences providing the responsibility for corruption offences is urgent; 2) It is reasonable to state article 19.28. in the version which provides not only the responsibilities of legal entities, but also the responsibility of individuals working as entrepreneurs without registration of a legal entity; 3) The possibility should be stipulated to condone the legal entities which actively assist the investigation in case of extortion of a bribe by an official, or if a legal person reported a crime after bribery to the official body: 4) It is necessary to amend the Code of Administrative Offences with the new corpora delicti of administrative offences of corruption character which should provide administrative responsibility for protectionism, intentional provision of unauthentic information about revenue and expenses, entrepreneurship of a public servant, inaction in case of conflict of interest, etc.

Keywords: corruption, administrative offences of corruption character, administrative responsibility, types of corruption offences, enhancement of anticorruption legislation, enhancement of administrative legislation, statistical data, corruption offence, definition of corruption offence, qualification of administration offences

DOI: 10.7256/2454-0595.2015.5.66441

DOI: 10.7256/2454-0595.2015.5.14196

Abstract: The article is devoted to the peculiarities of formulation of a constituent element of administrative anti-competitive offences. The author notes the abundance of value definitions which law enforcers have to use when penalizing for administrative anti-competitive offences. The article reveals and considers the problems of value definitions use and offers the ways of their solution. The author considers the methods defined in the general theory of law which allow the efficient use of value definitions in everyday law enforcement practice of the authorities.The methodology is based on the general scientific methods: deduction, induction, analysis, synthesis, and the special scientific methods: the comparative legal method, the formal logical and the historical-legal method. The author comes to the conclusions:1) the use of value definitions causes difficulties for law enforcement2) in order to use value definitions correctly there should be developed legal guarantees, such as the adjustment of terminology, the establishment of specifications, the development and establishing of the criteria of certain value definitions

Keywords: development of criteria, establishment of specifications, adjustment of terminology, elements of offence, value definitions, anti-competitive administrative offences, competition, antimonopoly law, administrative law, administrative responsibility

DOI: 10.7256/2454-0595.2015.5.66442

DOI: 10.7256/2454-0595.2015.5.14999

Abstract: The article focuses on legal and organizational problems related to forecasting of administrative delinquency and evaluation of its effectiveness in the police activities. The object of the article is the range of social relations associated with the forecasting of administrative delinquency. The authors consider the components of the mechanism of forecasting of administrative delinquency and make the proposals for improvement of its effectiveness in the activities of the police. The main attention is paid to the development of the criteria of administrative delinquency forecasting efficiency. The methodology of the research is based on the modern achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical methods, expert evaluations, etc.). In the result of the study of administrative delinquency in the police activities the authors conclude that the abovementioned sphere of internal affairs is not efficient enough. In this regard, at present it is important to develop the legal base for the police activities in the sphere of forecasting of administrative delinquency. The main contribution of the authors is the attention paid to this problem. The novelty of the research lies in the development of the instruments of administrative delinquency forecasting.

Keywords: efficiency,, forecasting,, forecast,, sanction,, punishment,, offence, delinquency, prevention,, police,, criminology.

DOI: 10.7256/2454-0595.2015.5.66443

Keywords: efficiency, , forecasting, , forecast, , sanction, , punishment, , offence, delinquency, prevention, , police, , criminology.

DOI: 10.7256/2454-0595.2015.5.14867

Abstract: 1. The article focuses on the legal and organizational problems of state building in the USSR and China. The object of the article is the circle of social relations associated with reforming of the economy and social sphere in the system of public administration. The author of the article pays special attention to the forms and methods of public administration reform in the USSR and the People's Republic of China. Special attention is paid to the theory of the problem, as well as to the system mistakes that had been made in the public administration in the period of perestroika. 2. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods and the methods used in special sociological research..3. The main conclusions of the study relate to the improvement of legal organizational problems of public administration. The novelty of the paper lies in the fact that from various positions it gives a comprehensive assessment of the restructuring of the times of the 1980s. Special contribution of the article is that it continues the study of the system crisis of the post-Soviet law, initiated by the author in previous publications, where he had systematically revealed some problems of modern Russian statehood and set them out in the Programme of the course "Problems of state and law in transition".

Keywords: reform, power, government, law, crisis, system, perestroika, China, management, reforming

DOI: 10.7256/2454-0595.2015.5.66444

Keywords: reform, power, government, law, crisis, system, perestroika, China, management, reforming

DOI: 10.7256/2454-0595.2015.5.13446

Abstract: The subject of the research is the goods which have been under customs supervision for a long period of time. The goods kept in holding are sometimes put under customs supervision with the violation of the set time. In order not to keep such goods endlessly, actions should be taken to launch them out of the storehouse and to dispose of them. The disposal can be implemented in three ways: on the base of civil, administrative, and customs law. On the base of the study of different ways of disposal the author notes the positive and the negative sides of each of them. The author outlines the difficulties of realization of this procedure due to the certain regulations discordance with each other. Each of the branches of legislation contains special procedure of such goods disposal. The article studies the procedures of disposal specified in different branches of legislation and compares them in accordance with their results and methods. The author compares the procedures, notes their advantages and disadvantages. The main procedure is recognition of goods as waifs. This procedure takes a lot of time and not necessarily leads to the recognition of the property as ownerless. The use of more simple “administrative” procedures is limited. The courts not always confiscate such goods, not all the types of administrative offences entail sanctions in the form of confiscation. The implementation of international regulations of customs legislation for the disposal of arrested goods is neither implemented due to the absence of the authorities of the Federal Agency of State Property Management. Moreover, there are unsolved contradictions and gaps in customs legislation, particularly according to the issue of reimbursement of expenses in case of destruction of arrested goods since it is presupposed that the expenses will be covered by law-abiding individuals.

Keywords: detention, customs control, confiscation, holding, destruction, the Federal Agency of State Property Management, disposal, expenses, holding, owner

DOI: 10.7256/2454-0595.2015.5.66445

Keywords: detention, customs control, confiscation, holding, destruction, the Federal Agency of State Property Management, disposal, expenses, holding, owner

DOI: 10.7256/2454-0595.2015.5.15084

Abstract: The subject of the research includes the existing federal legislation, the local legislation of Russian regions, the departmental statutory acts of executive authorities in the sphere of improvement, the judicial practice of the Constitutional Court of the Russian Federation, and departmental lawmaking in general as one of the key spheres of activities of federal executive authorities which has a special place among normative legal regulators of social relations. The author considers departmental lawmaking as a professional system of juridical practice which provides the implementation of regulations of the existing legislation in the sphere of improvement. The methodology of the research is based on the historical-legal and the formal-logical methods of analysis of the abovementioned legal acts; their efficiency is revealed on the base of a judicial and law enforcement practice in general. The article reveals the absence of a uniform understanding and a legal definition; the author concludes that normative departmental regulation is sufficient, though it needs to be corrected in the area of elimination of norms, introducing prohibitions and responsibility for the violation of rules of improvement which are a part of administrative legislation; the author offers the ways of legal defining of guidelines of federal executive authorities in the sphere of improvement; the author concludes that legal regulation of the issues of improvement on the base of the norms of federal legislation is implemented through departmental statutory acts which are sufficient enough for the solution of the problems; at the same time, the study outlines the factors complicating the implementation of regulations of departmental acts.

Keywords: departmental acts, normative acts, improvement, constitutional control, managerial acts, regulator, departmental lawmaking, state of the market, sanctions , legal regulation

DOI: 10.7256/2454-0595.2015.5.66446

Keywords: departmental acts, normative acts, improvement, constitutional control, managerial acts, regulator, departmental lawmaking, state of the market, sanctions, legal regulation

DOI: 10.7256/2454-0595.2015.5.14937

Abstract: The article is devoted to the legal analysis of one of the means of combating corruption – reporting by a public servant his revenue (expenses), property and property commitment. The issues of combating corruption in Russia are urgent; they are considered by the scientific community as well as by law enforcers. In the present conditions the state works out and implements new anticorruption mechanisms of legal regulation of a wide range of public relations. The research is based on the general methods of scientific cognition, including the theoretical methods of analysis and synthesis, the method of deduction and others. Taking into account that the executives are often the participants of anticorruption procedures, the essential part of anticorruption measures relates to the subject of responsibility of administrative law. The scientific novelty of the research lies in explanation of anticorruption avowal from the position of institutional building of a system of administrative law.

Keywords: counteraction, a declaration, public servant, expenses, revenue, sub-institution, corruption, avowal, measures, administrative law

DOI: 10.7256/2454-0595.2015.5.66447

Keywords: counteraction, a declaration, public servant, expenses, revenue, sub-institution, corruption, avowal, measures, administrative law

DOI: 10.7256/2454-0595.2015.5.15078

Abstract: The article is devoted to the study of the subjects of responsibility and the authorities of public associations in the sphere of state management. Special attention is paid to the analysis of the notion of “competence” of public associations in the sphere of state management and its components. The authors define the aims, goals, and functions of public associations. The authors suggest the classification of subjects of responsibility of public associations and outline the key spheres of their activities in the area of state management. The authors conclude that public associations are created in order to involve citizens in state management and to coordinate mutual interests of the society and the state. The methodology of the research is based on the provisions of dialectical materialism and the general methods of cognition – the system method, generalization and analysis of scientific, normative and practical materials, the methods of dialectical cognition. The novelty of the research lies in the study of competence of public associations participating in state management and its main elements: authorities, subjects of responsibility, aims, goals, and functions. The authors come to the conclusion about the absence of a single definition of a competence of public associations in the sphere of state management.

Keywords: society, public associations, state, competence, authorities, management, civil society, subjects of responsibility, administrative law, municipal law

DOI: 10.7256/2454-0595.2015.5.66448