DOI: 10.7256/2454-0595.2015.6.15570

Abstract: The article is supported by the government assignment project ¹3299The Russian Federation ratified (by the Federal Law N 76-FZ, dated 07.05.2013) the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse concluded in Lanzarote on 25.10.2007. Thus the state made a commitment to take the necessary legislative or other measures to ensure the establishment of criminal liability for the solicitation of children for sexual purposes in the Internet and through other information and telecommunications networks. The authors use the following methodological grounds: a set of the general scientific and special methods of social-legal reality cognition. The methodology of the research is based on the dialectical method and its requirements of objectivity, comprehensiveness, historicity, and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison, and measurement. As a specific method the authors use the comparative-legal method. The authors suppose that the crime provided in the art. 135 of the Criminal Code can be committed with the use of the Internet and other information and telecommunications networks. On the base of the provisions of the Convention, the Russian legislation and jurisprudence, the authors formulate the proposal regarding the adoption of Art. 23 of the Convention by the domestic criminal law.

Keywords: sexual contact, minor, article, Criminal Code, sexual exploitation, protection, Convention, proposition, Internet, ban

DOI: 10.7256/2454-0595.2015.6.66566

Abstract: The article is supported by the government assignment project ¹3299The Russian Federation ratified (by the Federal Law N 76-FZ, dated 07.05.2013) the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse concluded in Lanzarote on 25.10.2007. Thus the state made a commitment to take the necessary legislative or other measures to ensure the establishment of criminal liability for the solicitation of children for sexual purposes in the Internet and through other information and telecommunications networks. The authors use the following methodological grounds: a set of the general scientific and special methods of social-legal reality cognition. The methodology of the research is based on the dialectical method and its requirements of objectivity, comprehensiveness, historicity, and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison, and measurement. As a specific method the authors use the comparative-legal method. The authors suppose that the crime provided in the art. 135 of the Criminal Code can be committed with the use of the Internet and other information and telecommunications networks. On the base of the provisions of the Convention, the Russian legislation and jurisprudence, the authors formulate the proposal regarding the adoption of Art. 23 of the Convention by the domestic criminal law.

Keywords: sexual contact, minor, article, Criminal Code, sexual exploitation, protection, Convention, proposition, Internet, ban

DOI: 10.7256/2454-0595.2015.6.15105

Abstract: The article is devoted to the analysis of reasons for the necessity of unification of legal regulation of public chambers’ activities in Russian regions. The author analyzes the problem of use of contradictory approaches to the regulation of legal status of public chambers by regional legislators. The author argues that the main differences lie in the form of public chambers creation, the ways of their structure formation, particularly in determining of the persons whose representatives can be the members of chambers, and also in an unequal scope of authorities. Ultimately different conditions are created for the activities of public chambers in Russian regions. The author uses the theoretical, the general philosophical methods, and also the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (expert assessments and others). On the basis of regional legal acts analysis the author comes to a conclusion about the existence of differences in the possibilities of influence of public chambers on public authority. Therefore the author offers to develop and adopt a common federal law on the basic principles of organization of activity of regional public chambers. 

Keywords: responsibility, public chamber, way of forming, civil society, public authority, federal law, region of the Russian Federation, legal status, legal regulation, model law

DOI: 10.7256/2454-0595.2015.6.66567

Abstract: The article is devoted to the analysis of reasons for the necessity of unification of legal regulation of public chambers’ activities in Russian regions. The author analyzes the problem of use of contradictory approaches to the regulation of legal status of public chambers by regional legislators. The author argues that the main differences lie in the form of public chambers creation, the ways of their structure formation, particularly in determining of the persons whose representatives can be the members of chambers, and also in an unequal scope of authorities. Ultimately different conditions are created for the activities of public chambers in Russian regions. The author uses the theoretical, the general philosophical methods, and also the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (expert assessments and others). On the basis of regional legal acts analysis the author comes to a conclusion about the existence of differences in the possibilities of influence of public chambers on public authority. Therefore the author offers to develop and adopt a common federal law on the basic principles of organization of activity of regional public chambers. 

Keywords: responsibility, public chamber, way of forming, civil society, public authority, federal law, region of the Russian Federation, legal status, legal regulation, model law

DOI: 10.7256/2454-0595.2015.6.15135

Abstract:  The subject of the research covers the existing forms of public service in the Russian Federation, the basic principles of the system of public service creation and functioning, the role of these forms of public service. The author attempts to define the existing forms of public service and its features. The aim of the author is to consider the existing system of legal regulation of the forms of public service; to compare the social safeguards of particular forms of public service; to establish common approaches to military and law-enforcement service taking into account the conditions of the service. The author carries out the comparative analysis of the existing legal regulations of public service which furthers the revelation of common principles of public service functioning and correlation between the particular forms of service. The author reveals the interdependence of military service and other forms of federal public service. It is based on the unity of the whole system of public service in the Russian Federation and common approaches to the principles of creation and functioning of the system of public service in the Russian Federation. The author states that the federal law on law-enforcement service hasn’t been adopted yet; it causes legal ambiguity in defining the bodies of public authority, exercising law-enforcement functions. 

Keywords: law-enforcement, armed forces, principles, legal regulation, peculiarities, military service, forms, service, interdependence, correlation

DOI: 10.7256/2454-0595.2015.6.66568

Abstract:  The subject of the research covers the existing forms of public service in the Russian Federation, the basic principles of the system of public service creation and functioning, the role of these forms of public service. The author attempts to define the existing forms of public service and its features. The aim of the author is to consider the existing system of legal regulation of the forms of public service; to compare the social safeguards of particular forms of public service; to establish common approaches to military and law-enforcement service taking into account the conditions of the service. The author carries out the comparative analysis of the existing legal regulations of public service which furthers the revelation of common principles of public service functioning and correlation between the particular forms of service. The author reveals the interdependence of military service and other forms of federal public service. It is based on the unity of the whole system of public service in the Russian Federation and common approaches to the principles of creation and functioning of the system of public service in the Russian Federation. The author states that the federal law on law-enforcement service hasn’t been adopted yet; it causes legal ambiguity in defining the bodies of public authority, exercising law-enforcement functions. 

Keywords: law-enforcement, armed forces, principles, legal regulation, peculiarities, military service, forms, service, interdependence, correlation

DOI: 10.7256/2454-0595.2015.6.15385

Abstract: The article considers particular aspects of physical bodies bankruptcy as a special sphere of legal regulation reflecting the connection between law of substance and law of procedure. Special attention is paid to the procedure of bankruptcy and the Federal Law of 29 December, 2014 No 476-FZ inuring on 1 July, 2015. The author studies its positive innovations relating to physical bodies bankruptcy: consideration of bankruptcy declarations of citizens by the courts of general jurisdiction (bankruptcy cases of self-employed and former self-employed whose money obligations have appeared in the result of their entrepreneurship are considered by arbitrage), the possibility of debt restructuring, the possibility of amicable agreement with creditors. The author uses the following methods of research: the dialectical method of scientific cognition, the method of logical analysis and synthesis, the systems method, normative-logical analysis, the method of comparative jurisprudence. The author concludes that the formation of the institution of bankruptcy of citizens is dynamically developing. The positive moments of the Federal Law No 476-FZ are: introduction of the possibility of debts restructuring (with the plan of restructuring), the possibility of amicable agreement with creditors. For the purpose of bankruptcy case opening the personality of an insolvent including its legal capacity and status shouldn’t be a decisive factor. In bankruptcy cases over inherited property the debtor is an heir. 

Keywords: physical body, debtor, court, debt restructuring, insolvency, failure, legal status, amicable agreement, bankruptcy proceedings, bankruptcy

DOI: 10.7256/2454-0595.2015.6.66569

Abstract: The article considers particular aspects of physical bodies bankruptcy as a special sphere of legal regulation reflecting the connection between law of substance and law of procedure. Special attention is paid to the procedure of bankruptcy and the Federal Law of 29 December, 2014 No 476-FZ inuring on 1 July, 2015. The author studies its positive innovations relating to physical bodies bankruptcy: consideration of bankruptcy declarations of citizens by the courts of general jurisdiction (bankruptcy cases of self-employed and former self-employed whose money obligations have appeared in the result of their entrepreneurship are considered by arbitrage), the possibility of debt restructuring, the possibility of amicable agreement with creditors. The author uses the following methods of research: the dialectical method of scientific cognition, the method of logical analysis and synthesis, the systems method, normative-logical analysis, the method of comparative jurisprudence. The author concludes that the formation of the institution of bankruptcy of citizens is dynamically developing. The positive moments of the Federal Law No 476-FZ are: introduction of the possibility of debts restructuring (with the plan of restructuring), the possibility of amicable agreement with creditors. For the purpose of bankruptcy case opening the personality of an insolvent including its legal capacity and status shouldn’t be a decisive factor. In bankruptcy cases over inherited property the debtor is an heir. 

Keywords: physical body, debtor, court, debt restructuring, insolvency, failure, legal status, amicable agreement, bankruptcy proceedings, bankruptcy

DOI: 10.7256/2454-0595.2015.6.15484

Abstract: The aim of the article is to reveal the compliance of Russian legislation and normative legal acts with the provisions of international documents regulating the openness and transparency of public finances management. On the base of the analysis the author reveals the provisions of Russian legislation which regulate the provision of the openness and transparency of public finances not clearly enough. The author offers certain specifications and recommendations which can raise the accessibility of information about financial operations of public and local authorities for the representatives of civil society. The author uses the systems approach, the logic method, the comparative analysis, induction and deduction. The conclusions and analytical materials of the research, characterizing the quality of legal provision of openness and transparency of public finances management in the Russian Federation, can be used for the purpose of raising of the budget openness index, calculated by the International Budget Partnership; activation of interaction between the state and civil society institutions; provision of openness and transparency of information about the activities of public institutions in the sphere of public finances management. 

Keywords: quality of information, availability, fiscal area, civil society, legislation, government sector, transparency, public finances, openness, reliability

DOI: 10.7256/2454-0595.2015.6.66570

Abstract: The aim of the article is to reveal the compliance of Russian legislation and normative legal acts with the provisions of international documents regulating the openness and transparency of public finances management. On the base of the analysis the author reveals the provisions of Russian legislation which regulate the provision of the openness and transparency of public finances not clearly enough. The author offers certain specifications and recommendations which can raise the accessibility of information about financial operations of public and local authorities for the representatives of civil society. The author uses the systems approach, the logic method, the comparative analysis, induction and deduction. The conclusions and analytical materials of the research, characterizing the quality of legal provision of openness and transparency of public finances management in the Russian Federation, can be used for the purpose of raising of the budget openness index, calculated by the International Budget Partnership; activation of interaction between the state and civil society institutions; provision of openness and transparency of information about the activities of public institutions in the sphere of public finances management. 

Keywords: quality of information, availability, fiscal area, civil society, legislation, government sector, transparency, public finances, openness, reliability

DOI: 10.7256/2454-0595.2015.6.15618

Abstract: In the present article the author examines the concept and purpose of audit of efficiency of on-budget expenditures, emphasizing the importance of this institution in modern economic conditions. Kolesnikov Y. A. agrees with a number of authors about the increasing role and potential of audit as a form of financial control, proposing to relate the concept of audit of efficiency of budget expenditures with the responsibility for inefficient use of budgetary funds. To this end, the author highlights the system of criteria of efficiency of government budget expenditures.The author uses the theoretical and special scientific methods of cognition: analysis, synthesis, the logical and dialectical methods, the method of comparative law, the method of expert evaluations. Generalizations and conclusions have been made. In the research process, the author states the need for development of the uniform criteria for assessment of the effectiveness of the audit of budgetary funds, as well as their allocation at the legislative level. He also focuses on the need for changes of the role of audit of efficiency of budgetary funds from an expert-analytical to a controlling one, and therefore at the end of the article the author proposes a number of legislative initiatives.

Keywords: budget expenses, State audit, criteria, financial control, audit, management, efficiency, budgetary funds, the role of audit, legislative initiatives

DOI: 10.7256/2454-0595.2015.6.66571

Abstract: In the present article the author examines the concept and purpose of audit of efficiency of on-budget expenditures, emphasizing the importance of this institution in modern economic conditions. Kolesnikov Y. A. agrees with a number of authors about the increasing role and potential of audit as a form of financial control, proposing to relate the concept of audit of efficiency of budget expenditures with the responsibility for inefficient use of budgetary funds. To this end, the author highlights the system of criteria of efficiency of government budget expenditures.The author uses the theoretical and special scientific methods of cognition: analysis, synthesis, the logical and dialectical methods, the method of comparative law, the method of expert evaluations. Generalizations and conclusions have been made. In the research process, the author states the need for development of the uniform criteria for assessment of the effectiveness of the audit of budgetary funds, as well as their allocation at the legislative level. He also focuses on the need for changes of the role of audit of efficiency of budgetary funds from an expert-analytical to a controlling one, and therefore at the end of the article the author proposes a number of legislative initiatives.

Keywords: budget expenses, State audit, criteria, financial control, audit, management, efficiency, budgetary funds, the role of audit, legislative initiatives

DOI: 10.7256/2454-0595.2015.6.15696

Abstract: The article focuses on legal and organizational problems of criminal and administrative influence on the infringers of legal rules. The author carries out theoretical and legal analysis of the concepts of legal influence from the position of criminal and administrative law. The article describes the author's positions regarding the notion of legal influence. The main attention is paid to the development of methods and methodology of legal influence as the means of law and order provision. In addition, the article presents a theoretical and legal analysis of concepts regarding the interrelation between criminal and administrative influence (coercion). The methodology of the research is based on the resent achievements of epistemology. The author uses 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 concrete sociological research (the statistical method, expert evaluations, etc.).The article notes that  the Criminal code and the Code of Administrative Offences of the Russian Federation do not contain the concept and the list of types of measures of criminal-legal and administrative influence. The article defines the measures of criminal-legal influence as the forms and special activities of the state and defines the types of such measures depending on the purpose of influence (criminal law measures to the prevention and suppression of crime, measures of the criminal liability), the nature of impact (the preventive measures and the measures of criminal liability imposition), the character of influence (the preventive, restorative and correctional measures, the measures of criminal liability implementation, the measures of single non-rehabilitating decriminalization, and the medical measures).

Keywords: responsibility, law, administrative, criminal, crime, misconduct, warning, punishment, police, coercion

DOI: 10.7256/2454-0595.2015.6.66572

Abstract: The article focuses on legal and organizational problems of criminal and administrative influence on the infringers of legal rules. The author carries out theoretical and legal analysis of the concepts of legal influence from the position of criminal and administrative law. The article describes the author's positions regarding the notion of legal influence. The main attention is paid to the development of methods and methodology of legal influence as the means of law and order provision. In addition, the article presents a theoretical and legal analysis of concepts regarding the interrelation between criminal and administrative influence (coercion). The methodology of the research is based on the resent achievements of epistemology. The author uses 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 concrete sociological research (the statistical method, expert evaluations, etc.).The article notes that  the Criminal code and the Code of Administrative Offences of the Russian Federation do not contain the concept and the list of types of measures of criminal-legal and administrative influence. The article defines the measures of criminal-legal influence as the forms and special activities of the state and defines the types of such measures depending on the purpose of influence (criminal law measures to the prevention and suppression of crime, measures of the criminal liability), the nature of impact (the preventive measures and the measures of criminal liability imposition), the character of influence (the preventive, restorative and correctional measures, the measures of criminal liability implementation, the measures of single non-rehabilitating decriminalization, and the medical measures).

Keywords: responsibility, law, administrative, criminal, crime, misconduct, warning, punishment, police, coercion

DOI: 10.7256/2454-0595.2015.6.13681

Abstract:

DOI: 10.7256/2454-0595.2015.6.15260

Abstract: The subject of the research is a range of organizational and legal problems of administrative delinquency forecasting and defining of its efficiency in modern socio-economic and political conditions. The object of the research is a range of social relations appearing in the process of administrative delinquency forecasting. The authors study the elements of the mechanism of administrative delinquency forecasting and formulate the ways of its efficiency enhancement. The authors pay special attention to the development of the criteria of administrative delinquency prevention efficiency. 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) and the methods used in special sociological research (the statistical method, expert assessments, etc.). The authors conclude that the abovementioned sphere of internal affairs is not efficient enough. Therefore it is necessary to develop the legal base of police activities in the sphere of administrative delinquency forecasting. The main authors’ contribution is the study of this problem. The novelty of the research lies in the development of administrative delinquency forecasting instruments. 

Keywords: delict, forecast, police, prevention, concept, regulation, punishment, offence, delinquency, crime

DOI: 10.7256/2454-0595.2015.6.66573

Abstract: The subject of the research is a range of organizational and legal problems of administrative delinquency forecasting and defining of its efficiency in modern socio-economic and political conditions. The object of the research is a range of social relations appearing in the process of administrative delinquency forecasting. The authors study the elements of the mechanism of administrative delinquency forecasting and formulate the ways of its efficiency enhancement. The authors pay special attention to the development of the criteria of administrative delinquency prevention efficiency. 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) and the methods used in special sociological research (the statistical method, expert assessments, etc.). The authors conclude that the abovementioned sphere of internal affairs is not efficient enough. Therefore it is necessary to develop the legal base of police activities in the sphere of administrative delinquency forecasting. The main authors’ contribution is the study of this problem. The novelty of the research lies in the development of administrative delinquency forecasting instruments. 

Keywords: delict, forecast, police, prevention, concept, regulation, punishment, offence, delinquency, crime

DOI: 10.7256/2454-0595.2015.6.15520

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the defining of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. The methodology of the research is based on the recent achievements of epistemology. The author uses 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, used in special sociological research (the statistical method, expert assessments, etc.). The author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation. 

Keywords: nonalternative, collateral estoppel, responsibility, coercion, punishment, sanction, proceedings, delict , administrative, law

DOI: 10.7256/2454-0595.2015.6.66574

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the defining of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. The methodology of the research is based on the recent achievements of epistemology. The author uses 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, used in special sociological research (the statistical method, expert assessments, etc.). The author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation. 

Keywords: nonalternative, collateral estoppel, responsibility, coercion, punishment, sanction, proceedings, delict, administrative, law

DOI: 10.7256/2454-0595.2015.6.15655

Abstract: The article considers a lending agency as a specialized subject and its rights and lawful interests in the process of tax obligations discharge in tax process. Special attention is paid to the definition of the term “tax process” and to the formation of the author’s definition of this term. The author outlines the key problems of the protection of the rights and lawful interests of lending agencies, as resolution of conflicts between lending agencies and rating authorities in the sphere of bank secrecy. The author considers the infringement of tax legislation by lending agencies including a failure to implement the decision of a rating authority or a violation of order of account opening for a taxpayer. The author uses special legal methods of scientific research such as the comparative-legal method and the formal-logical method; partially, the author uses the method of interpretation. The main contribution of the author to the study of the essence of lending agencies in tax legal relations is a profound consideration of the role of a lending agency in a trial and in interaction with rating authorities. One of the important elements of the study is the consideration of the term “tax process” and its sense from the viewpoint of the modern scientific community. 

Keywords: tax, right, lawful interest, lending agency, tax process, tax law, protection of rights, process, procedure, responsibility

DOI: 10.7256/2454-0595.2015.6.66575

Abstract: The article considers a lending agency as a specialized subject and its rights and lawful interests in the process of tax obligations discharge in tax process. Special attention is paid to the definition of the term “tax process” and to the formation of the author’s definition of this term. The author outlines the key problems of the protection of the rights and lawful interests of lending agencies, as resolution of conflicts between lending agencies and rating authorities in the sphere of bank secrecy. The author considers the infringement of tax legislation by lending agencies including a failure to implement the decision of a rating authority or a violation of order of account opening for a taxpayer. The author uses special legal methods of scientific research such as the comparative-legal method and the formal-logical method; partially, the author uses the method of interpretation. The main contribution of the author to the study of the essence of lending agencies in tax legal relations is a profound consideration of the role of a lending agency in a trial and in interaction with rating authorities. One of the important elements of the study is the consideration of the term “tax process” and its sense from the viewpoint of the modern scientific community. 

Keywords: tax, right, lawful interest, lending agency, tax process, tax law, protection of rights, process, procedure, responsibility

DOI: 10.7256/2454-0595.2015.6.15490

Abstract: The subject of the research is a formal criterial complex helping to assess the fulfillment of the concept of law-governed state in Russia. The essential features of a law-governed state form a unity of four criterial complexes: the ideological criterial complex, the formal criterial complex, the practical criterial complex, and the psychological criterial complex. The formal criterial complex is of a special importance for the assessment of a modern Russian law-governed state as the most practically achievable by means of a direct governmental impact and measures aimed at the legislation enhancement. Legislation reforming should be based on the concept of consultative democracy as a means of provision of a wide participation of citizens in the processes of the law-governed state formation. First of all, it is necessary to provide the premises for a wider use of the institution of referendum in the Russian governmental and legal practice. One of the measures of legislation enhancement is the creation of the institution of civil assemblies dealing with the problems of electoral reform on local and regional levels. The methodology of the research is based on the fundamental provisions of the theory of state and law, the comparative analysis of research principles of different schools and scientific directions, the method of analysis of the existing studies, the traditional methods of scientific cognition (deduction, induction, comparison, the systems method, etc.), and the special scientific methods such as the formal logical and the historical methods. The author offers the ways of Russian legislation and law-enforcement practice enhancement which can further the compliance with the formal criterial complex. The author substantiates the necessity of the Federal Constitutional Law of 28.06.2004 “On the Referendum of the Russian Federation” amending with the regulations, moderating the conditions and requirements for the organization of referendums. It will allow a wider use of a potential of this form of consultative democracy in Russia. The author offers to adopt a federal law on the establishment of a consultative institution of civil assembly dealing with the questions of electoral reform in the Russian Federation. On the base of the analysis of the voting system functioning in Russia the author offers to adopt a positive foreign experience of electronic voting and the practice of Russian experiments in this sphere in electoral process on the state level.  

Keywords: law, statehood, formal criterial complex, consultative democracy, referendum, electronic voting, political and legal life , ideology, rights and freedoms, governmental impact

DOI: 10.7256/2454-0595.2015.6.66576

Abstract: The subject of the research is a formal criterial complex helping to assess the fulfillment of the concept of law-governed state in Russia. The essential features of a law-governed state form a unity of four criterial complexes: the ideological criterial complex, the formal criterial complex, the practical criterial complex, and the psychological criterial complex. The formal criterial complex is of a special importance for the assessment of a modern Russian law-governed state as the most practically achievable by means of a direct governmental impact and measures aimed at the legislation enhancement. Legislation reforming should be based on the concept of consultative democracy as a means of provision of a wide participation of citizens in the processes of the law-governed state formation. First of all, it is necessary to provide the premises for a wider use of the institution of referendum in the Russian governmental and legal practice. One of the measures of legislation enhancement is the creation of the institution of civil assemblies dealing with the problems of electoral reform on local and regional levels. The methodology of the research is based on the fundamental provisions of the theory of state and law, the comparative analysis of research principles of different schools and scientific directions, the method of analysis of the existing studies, the traditional methods of scientific cognition (deduction, induction, comparison, the systems method, etc.), and the special scientific methods such as the formal logical and the historical methods. The author offers the ways of Russian legislation and law-enforcement practice enhancement which can further the compliance with the formal criterial complex. The author substantiates the necessity of the Federal Constitutional Law of 28.06.2004 “On the Referendum of the Russian Federation” amending with the regulations, moderating the conditions and requirements for the organization of referendums. It will allow a wider use of a potential of this form of consultative democracy in Russia. The author offers to adopt a federal law on the establishment of a consultative institution of civil assembly dealing with the questions of electoral reform in the Russian Federation. On the base of the analysis of the voting system functioning in Russia the author offers to adopt a positive foreign experience of electronic voting and the practice of Russian experiments in this sphere in electoral process on the state level.  

Keywords: law, statehood, formal criterial complex, consultative democracy, referendum, electronic voting, political and legal life, ideology, rights and freedoms, governmental impact

DOI: 10.7256/2454-0595.2015.6.13728

Abstract: The author of the article notes that the formation of a modern and efficient government service in Russia and the development of administrative-legal status of officials is one of the priority directions of transformations in the administrative and political spheres of public administration. On the basis of the subject of the research the author notes that nowadays the organization and the personnel policy of government service within the system of the Ministry of Internal Affairs of the Russian Federation are in a bad condition and not entirely conform to the aims and goals of socio-economic development of the country. The consequences appear almost in all spheres of life: in economics, financial activities, solution of social issues, in science and culture, in internal and external affairs and international policy, defense and security. Therefore, the author admits the importance of the development of administrative-legal status of an official of internal affairs bodies as a federal officer. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), and the methods used in special sociological research (the statistical method, expert assessments, etc.). Government service in the modern world is a link between a person and the state; the efficiency of this linkage influences the quality of public administration, the protection of rights and freedoms of citizens, and, ultimately, the life of people. 

Keywords: reform, service, police, Internal Affairs bodies, the Ministry of Internal Affairs, official, service, status, position, contract

DOI: 10.7256/2454-0595.2015.6.66577

Abstract: The author of the article notes that the formation of a modern and efficient government service in Russia and the development of administrative-legal status of officials is one of the priority directions of transformations in the administrative and political spheres of public administration. On the basis of the subject of the research the author notes that nowadays the organization and the personnel policy of government service within the system of the Ministry of Internal Affairs of the Russian Federation are in a bad condition and not entirely conform to the aims and goals of socio-economic development of the country. The consequences appear almost in all spheres of life: in economics, financial activities, solution of social issues, in science and culture, in internal and external affairs and international policy, defense and security. Therefore, the author admits the importance of the development of administrative-legal status of an official of internal affairs bodies as a federal officer. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), and the methods used in special sociological research (the statistical method, expert assessments, etc.). Government service in the modern world is a link between a person and the state; the efficiency of this linkage influences the quality of public administration, the protection of rights and freedoms of citizens, and, ultimately, the life of people. 

Keywords: reform, service, police, Internal Affairs bodies, the Ministry of Internal Affairs, official, service, status, position, contract

DOI: 10.7256/2454-0595.2015.6.15332

Abstract: In the article the author analyzes some of the existing in Russian legal science approaches to understanding of the system of law-enforcement bodies, considers the process of legislative recognition of law-enforcement system with regard to their distinct feature - the existence of the institution of public law-enforcement service in law enforcement bodies, and also specifies the role of presidential decrees in the formation of the system of law-enforcement bodies. The study should be continued with the analysis of normative acts which legally stipulate the content of law enforcement service. The author uses the systems method, the dialectical, the comparative-legal and the formal-logical methods. The scientific novelty lies in the use of presidential decrees for the consolidation of the system of law-enforcement bodies in the federal law “On public law-enforcement service”. The definition of the term "law-enforcement body" will eliminate the existing fragmentation of researchers’ views in this field. The main conclusion of the study is the need for a further improvement of the current legislation on law-enforcement bodies of Russia. 

Keywords: personnel policy, authority, legal regime, law-enforcement bodies, reforming, the system of law-enforcement bodies, public law-enforcement service, functions, legislation, management

DOI: 10.7256/2454-0595.2015.6.66578

Abstract: In the article the author analyzes some of the existing in Russian legal science approaches to understanding of the system of law-enforcement bodies, considers the process of legislative recognition of law-enforcement system with regard to their distinct feature - the existence of the institution of public law-enforcement service in law enforcement bodies, and also specifies the role of presidential decrees in the formation of the system of law-enforcement bodies. The study should be continued with the analysis of normative acts which legally stipulate the content of law enforcement service. The author uses the systems method, the dialectical, the comparative-legal and the formal-logical methods. The scientific novelty lies in the use of presidential decrees for the consolidation of the system of law-enforcement bodies in the federal law “On public law-enforcement service”. The definition of the term "law-enforcement body" will eliminate the existing fragmentation of researchers’ views in this field. The main conclusion of the study is the need for a further improvement of the current legislation on law-enforcement bodies of Russia. 

Keywords: personnel policy, authority, legal regime, law-enforcement bodies, reforming, the system of law-enforcement bodies, public law-enforcement service, functions, legislation, management

DOI: 10.7256/2454-0595.2015.6.15066

Abstract: The subject of the research covers the peculiarities of legal regulation of the activities of public prosecutor’s office bodies of the CIS member-states in the sphere of administrative prosecution. This paper is the first stage of a comparative-legal study and is devoted to the analysis of the provisions of status legislative acts of the countries of the post-Soviet space (except for the Baltic states), regulating the issues of organization and activity of the public prosecutor’s office bodies and the model law on the public prosecutor’s office. The author emphasizes the provisions which are similar for the public prosecutor’s offices of different countries and outlines the distinct features of a public prosecutor’s office of each country. The methodology of the research is based on the comparative-legal and partially on the historical method which allow the author to reveal the similarities and differences in realization of administrative prosecution functions by the public prosecutor’s offices of different countries of the CIS. The author carries out the comparative-legal analysis of the provisions of laws on public prosecutor’s office of the CIS countries in the area of consolidatioin of the prosecutors’ responsibilities in the sphere of administrative offences revelation. The author concludes that the prosecutors in the CIS member-states have similar and unique responsibilities in the sphere of administrative prosecution depending on a model of public prosecutor’s office development of each country.

Keywords: function of the procecutor's office, prosecutor's status, involvement in the process, decision, administrative prosecution, administrative offence, administrative proceeding, administrative and jurisdictional process, public prosecutor's office bodies, prosecutor's responsibilities

DOI: 10.7256/2454-0595.2015.6.66579

Abstract: The subject of the research covers the peculiarities of legal regulation of the activities of public prosecutor’s office bodies of the CIS member-states in the sphere of administrative prosecution. This paper is the first stage of a comparative-legal study and is devoted to the analysis of the provisions of status legislative acts of the countries of the post-Soviet space (except for the Baltic states), regulating the issues of organization and activity of the public prosecutor’s office bodies and the model law on the public prosecutor’s office. The author emphasizes the provisions which are similar for the public prosecutor’s offices of different countries and outlines the distinct features of a public prosecutor’s office of each country. The methodology of the research is based on the comparative-legal and partially on the historical method which allow the author to reveal the similarities and differences in realization of administrative prosecution functions by the public prosecutor’s offices of different countries of the CIS. The author carries out the comparative-legal analysis of the provisions of laws on public prosecutor’s office of the CIS countries in the area of consolidatioin of the prosecutors’ responsibilities in the sphere of administrative offences revelation. The author concludes that the prosecutors in the CIS member-states have similar and unique responsibilities in the sphere of administrative prosecution depending on a model of public prosecutor’s office development of each country.

Keywords: involvement in the process, decision, administrative prosecution, administrative offence, administrative proceeding, administrative and jurisdictional process

DOI: 10.7256/2454-0595.2015.6.15297

Abstract: The communication services market has been growing recently, with new operators of communicational networks regularly appearing. The market growth is connected with the increase of the amount of administrative offences of communication operators which indicates inefficiency of legal mechanisms of administrative responsibility regulation in the sphere of communications. It conditions the urgency of revision of the regulations of the Code of Administrative Offences in the sphere of communications, their modernization and amending. The article is aimed at the formation of practical recommendations of revision of the main provisions regulating the activities of communication operators. To achieve this goal the author formulates a range of tasks: to analyze the communication services market in Russia and the dynamics of its development; to analyze the amount of administrative offences committed by the communication operators; to consider the drafts of provisions and articles of the Code of Administrative Offences of the Russian Federation; to formulate practical recommendations of the CoAO amending. The methodological base of the research includes the methods of legal and statistical analysis. The research demonstrates the dynamical figures of the communication services market growth and the frequency of administrative offences, determining the urgency of amending the CoAO with the articles 13.32 – 13.42. The research reveals the drawbacks of the considered articles with regard to concepts, differentiation of responsibility between the subjects of offences, amount of fine for a repeated offence. For elimination of the revealed drawbacks the author offers to use his definitions, structure of fine, ways of legal contradictions elimination, and the experience of the Republic of Kazakhstan. 

Keywords: administrative responsibility, communication operators, project, authorization procedures, communication services, code, Roskomnadzor, report, article, new version

DOI: 10.7256/2454-0595.2015.6.66580

Abstract: The communication services market has been growing recently, with new operators of communicational networks regularly appearing. The market growth is connected with the increase of the amount of administrative offences of communication operators which indicates inefficiency of legal mechanisms of administrative responsibility regulation in the sphere of communications. It conditions the urgency of revision of the regulations of the Code of Administrative Offences in the sphere of communications, their modernization and amending. The article is aimed at the formation of practical recommendations of revision of the main provisions regulating the activities of communication operators. To achieve this goal the author formulates a range of tasks: to analyze the communication services market in Russia and the dynamics of its development; to analyze the amount of administrative offences committed by the communication operators; to consider the drafts of provisions and articles of the Code of Administrative Offences of the Russian Federation; to formulate practical recommendations of the CoAO amending. The methodological base of the research includes the methods of legal and statistical analysis. The research demonstrates the dynamical figures of the communication services market growth and the frequency of administrative offences, determining the urgency of amending the CoAO with the articles 13.32 – 13.42. The research reveals the drawbacks of the considered articles with regard to concepts, differentiation of responsibility between the subjects of offences, amount of fine for a repeated offence. For elimination of the revealed drawbacks the author offers to use his definitions, structure of fine, ways of legal contradictions elimination, and the experience of the Republic of Kazakhstan. 

Keywords: administrative responsibility, communication operators, project, authorization procedures, communication services, code, Roskomnadzor, report, article, new version

DOI: 10.7256/2454-0595.2015.6.15282

Abstract: One of the key findings of this study is the fact that tribunals serve as an alternative to the traditional method of judicial control - supervision of public administration. The article examines the legal nature and the essential characteristics of tribunals. The author considers the characteristics of tribunals and the way they should be understood. The author identifies certain features of tribunals, and these elements are also discussed. The general scientific methods of cognition such as the methods of analysis, the comparative methods, the systems and structural methods, the legal and technical research methods form the methodological basis of the article. Tribunals supervision remains an important guarantee of regulation and circumscription of their functioning. The author discusses the relevant features which should be normal for any supervisory body. Lastly, the author demonstrates a short review of the debates relating to the scope of tribunal jurisdiction, and some of their drawbacks. These elements should provide an over-arching supervision over a tribunal structure.

Keywords: fact-finding, judicial review, administrative tribunals, justification of decisions, ultimate decisions, legal force of decisions, appeal, merits review, conciliation, procedural impropriety

DOI: 10.7256/2454-0595.2015.6.66581

Abstract: One of the key findings of this study is the fact that tribunals serve as an alternative to the traditional method of judicial control - supervision of public administration. The article examines the legal nature and the essential characteristics of tribunals. The author considers the characteristics of tribunals and the way they should be understood. The author identifies certain features of tribunals, and these elements are also discussed. The general scientific methods of cognition such as the methods of analysis, the comparative methods, the systems and structural methods, the legal and technical research methods form the methodological basis of the article. Tribunals supervision remains an important guarantee of regulation and circumscription of their functioning. The author discusses the relevant features which should be normal for any supervisory body. Lastly, the author demonstrates a short review of the debates relating to the scope of tribunal jurisdiction, and some of their drawbacks. These elements should provide an over-arching supervision over a tribunal structure.

Keywords: fact-finding, judicial review, administrative tribunals, justification of decisions, ultimate decisions, legal force of decisions, appeal, merits review, conciliation, procedural impropriety

DOI: 10.7256/2454-0595.2015.6.15389

Abstract: The subject of the research is a range of norms of the Code of administrative proceedings of the Russian Federation regulating the delimitation of jurisdiction of cases on challenging normative legal acts between the courts of general jurisdiction and the bodies of constitutional justice. The article shows the possible problems, caused by the legal regulation of the grounds and the procedure of a court of general jurisdiction making an inquiry about the considered administrative case to the Constitutional Court of the Russian Federation, and the peculiarities of use of administrative proceedings for the provision of the enforcement of the decisions of the bodies of constitutional justice. The author uses the general scientific (dialectical, systems) and the special (comparative legal, formal-legal) methods, helping to identify the main problems in the delimitation of jurisdiction and interaction between the courts of general jurisdiction and constitutional bodies, to detefine the ways of their solution. The scientific novelty of the article lies in the substantiation of the need for the improvement of implementation of the regulation limits of the powers of courts of general jurisdiction in the field of normative control considering the content of the related institutions of constitutional proceedings. The author shows the shortcomings of the current legislative regulation of the competence of the judicial bodies (incompleteness and inaccuracy of certain norms, the possibility of different interpretations, substantial inconsistency of regulations with certain legal positions of the Constitutional Court, and others), and proposes the measures of these shortcomings elimination.

Keywords: court, code, jurisdiction, administrative proceedings, Constitutional control, justice, interaction, inquiry, legislation, norm

DOI: 10.7256/2454-0595.2015.6.66582

Abstract: The subject of the research is a range of norms of the Code of administrative proceedings of the Russian Federation regulating the delimitation of jurisdiction of cases on challenging normative legal acts between the courts of general jurisdiction and the bodies of constitutional justice. The article shows the possible problems, caused by the legal regulation of the grounds and the procedure of a court of general jurisdiction making an inquiry about the considered administrative case to the Constitutional Court of the Russian Federation, and the peculiarities of use of administrative proceedings for the provision of the enforcement of the decisions of the bodies of constitutional justice. The author uses the general scientific (dialectical, systems) and the special (comparative legal, formal-legal) methods, helping to identify the main problems in the delimitation of jurisdiction and interaction between the courts of general jurisdiction and constitutional bodies, to detefine the ways of their solution. The scientific novelty of the article lies in the substantiation of the need for the improvement of implementation of the regulation limits of the powers of courts of general jurisdiction in the field of normative control considering the content of the related institutions of constitutional proceedings. The author shows the shortcomings of the current legislative regulation of the competence of the judicial bodies (incompleteness and inaccuracy of certain norms, the possibility of different interpretations, substantial inconsistency of regulations with certain legal positions of the Constitutional Court, and others), and proposes the measures of these shortcomings elimination.

Keywords: court, code, jurisdiction, administrative proceedings, Constitutional control, justice, interaction, inquiry, legislation, norm

DOI: 10.7256/2454-0595.2015.6.15342

Abstract: The object of the research is anti-corruption consultation as a form of anti-corruption education. The aim of the research is to develop a scientific legal category of “anti-corruption consultation” and to reveal its content. The tasks of the study are: a) to analyze normative legal acts referring to anti-corruption consultation; b) to evaluate the specificity of anti-corruption consultation legal  regulation; c) to understand and to reveal the content of anti-corruption consultation as a form of anti-corruption education; d) to analyze normative legal acts and scientific literature devoted to the problems of anti-corruption consultation. The methodology of the research is based on dialectical materialism and the correlating methods of comparative jurisprudence, structural and system analysis. The scientific novelty and the importance of the research lie in the fact that on the base of analysis of federal, regional and municipal normative legal acts for the first time in Russian legal science it reveals the content of anti-corruption consultation as a form of anti-corruption education and offers its scientific legal category. 

Keywords: Corruption, combating corruption, anti-corruption policy, anti-corruption education, anti-corruption consultation, legal regulation, anti-corruption behavior, anti-corruption informing, anti-corruption worldview, anti-corruption activity

DOI: 10.7256/2454-0595.2015.6.66583

Abstract: The object of the research is anti-corruption consultation as a form of anti-corruption education. The aim of the research is to develop a scientific legal category of “anti-corruption consultation” and to reveal its content. The tasks of the study are: a) to analyze normative legal acts referring to anti-corruption consultation; b) to evaluate the specificity of anti-corruption consultation legal  regulation; c) to understand and to reveal the content of anti-corruption consultation as a form of anti-corruption education; d) to analyze normative legal acts and scientific literature devoted to the problems of anti-corruption consultation. The methodology of the research is based on dialectical materialism and the correlating methods of comparative jurisprudence, structural and system analysis. The scientific novelty and the importance of the research lie in the fact that on the base of analysis of federal, regional and municipal normative legal acts for the first time in Russian legal science it reveals the content of anti-corruption consultation as a form of anti-corruption education and offers its scientific legal category. 

Keywords: Corruption, combating corruption, anti-corruption policy, anti-corruption education, anti-corruption consultation, legal regulation, anti-corruption behavior, anti-corruption informing, anti-corruption worldview, anti-corruption activity