DOI: 10.7256/2454-0595.2015.7.15801

Abstract: The article focuses on rights and freedoms of man and citizen in the Russian Federation which are considered from the standpoint of the general systems theory as an integral interrelated system; the author reveals the internal patterns of its development, the key hierarchical sub-system levels, and some mechanisms of the system links. On the base of the analysis the article considers the historical mutability of the scientific and practical understanding of the system of rights and freedoms of man and citizen. The author analyzes the perspectives of enhancement of constitutional legalization of the system of rights of man and citizen in the Russian Federation in the context of the Russian legal statehood development. The methodology of the research is based on the dialectical method of reality cognition, and the set of the general scientific methods (the logical method, an abstract to concrete shift in thinking, etc.) and the special scientific methods of cognition (comparative jurisprudence, the systems and structural analysis, interpretation of law, etc.). The scientific novelty of the research lies in the substantiation of untimeliness of the Constitution enhancement from the standpoint of the constitutional legalization of the system of rights and freedoms of man and citizen in Russia. The author also assesses the perspectives of enhancement of constitutional legalization of this system of rights in the context of development of the Russian legal statehood. 

Keywords: rights and freedoms, man, citizen, system of rights, main sub-systems of rights, system links, legal statehood, enhancement of the Constitution, hierarchy, limitation principle

DOI: 10.7256/2454-0595.2015.7.66654

Abstract: The article focuses on rights and freedoms of man and citizen in the Russian Federation which are considered from the standpoint of the general systems theory as an integral interrelated system; the author reveals the internal patterns of its development, the key hierarchical sub-system levels, and some mechanisms of the system links. On the base of the analysis the article considers the historical mutability of the scientific and practical understanding of the system of rights and freedoms of man and citizen. The author analyzes the perspectives of enhancement of constitutional legalization of the system of rights of man and citizen in the Russian Federation in the context of the Russian legal statehood development. The methodology of the research is based on the dialectical method of reality cognition, and the set of the general scientific methods (the logical method, an abstract to concrete shift in thinking, etc.) and the special scientific methods of cognition (comparative jurisprudence, the systems and structural analysis, interpretation of law, etc.). The scientific novelty of the research lies in the substantiation of untimeliness of the Constitution enhancement from the standpoint of the constitutional legalization of the system of rights and freedoms of man and citizen in Russia. The author also assesses the perspectives of enhancement of constitutional legalization of this system of rights in the context of development of the Russian legal statehood. 

Keywords: rights and freedoms, man, citizen, system of rights, main sub-systems of rights, system links, legal statehood, enhancement of the Constitution, hierarchy, limitation principle

DOI: 10.7256/2454-0595.2015.7.13833

Abstract: The object of the research is a range of social relations in the sphere of organization and service in municipal bodies of the Russian Federation. The subject of the research is the definition and the limits of municipal service in the Russian Federation. The author studies the issues of international practice of service regulation, development of the legislation about public and municipal service in the Russian Federation. Special attention is paid to the institution of positions on municipal service. On the base of the empirical data the author formulates the suggestions about the enhancement of the existing legal acts. The methodology of the research is based on the complex of the general scientific and the special methods of cognition: the systems method, the sociological and comparative-legal methods, the methods of shift from the abstract to the concrete and from the general to the specific. In the result of the research the author outlines the problem aspects of municipal service at the recent stage of development. The author suggests the ways of theoretical-legal and organizational grounds of municipal service in Russia enhancement, particularly, it is offered to institute a special category of positions in municipal authorities  - the positions prone to corruption risks – establishing a special legal status for this category. 

Keywords: official, classification of municipal officials, municipal official, position of municipal service, service, municipal service, corruption risks, local government, municipal bodies, positions register

DOI: 10.7256/2454-0595.2015.7.66655

Abstract: The object of the research is a range of social relations in the sphere of organization and service in municipal bodies of the Russian Federation. The subject of the research is the definition and the limits of municipal service in the Russian Federation. The author studies the issues of international practice of service regulation, development of the legislation about public and municipal service in the Russian Federation. Special attention is paid to the institution of positions on municipal service. On the base of the empirical data the author formulates the suggestions about the enhancement of the existing legal acts. The methodology of the research is based on the complex of the general scientific and the special methods of cognition: the systems method, the sociological and comparative-legal methods, the methods of shift from the abstract to the concrete and from the general to the specific. In the result of the research the author outlines the problem aspects of municipal service at the recent stage of development. The author suggests the ways of theoretical-legal and organizational grounds of municipal service in Russia enhancement, particularly, it is offered to institute a special category of positions in municipal authorities  - the positions prone to corruption risks – establishing a special legal status for this category. 

Keywords: official, classification of municipal officials, municipal official, position of municipal service, service, municipal service, corruption risks, local government, municipal bodies, positions register

DOI: 10.7256/2454-0595.2015.7.14436

Abstract: The subject of the research is the Federal Law “On police” regulating the use of special dyeing and marking means. The author studies the contradictions in the articles 19 and 22 of the Law and their influence on the legality of use of special dyeing and marking means by police officers when revealing and preventing the crimes. The author analyzes the circumstances of use of special means which can lead to invalidation of evidence. The research is based on the materialistic theory of cognition. The author uses the general scientific methods (analysis, synthesis, the comparative method, the comparative-legal method, the system-structural method, modeling, etc.). The novelty of the research lies in the revelation of contradictions in the articles 19 and 22 of the Federal Law “On police” regulating the use of special dyeing and marking means which can cast doubt on the legality of use of such means and invalidate the evidence. In order to eradicate the existing contradictions the author offers to amend the article 22 of the Federal Law “On Police”. 

Keywords: marking means, dyeing means, evidence, illegal, organized crime, means, special, covert, activities, police

DOI: 10.7256/2454-0595.2015.7.66656

Abstract: The subject of the research is the Federal Law “On police” regulating the use of special dyeing and marking means. The author studies the contradictions in the articles 19 and 22 of the Law and their influence on the legality of use of special dyeing and marking means by police officers when revealing and preventing the crimes. The author analyzes the circumstances of use of special means which can lead to invalidation of evidence. The research is based on the materialistic theory of cognition. The author uses the general scientific methods (analysis, synthesis, the comparative method, the comparative-legal method, the system-structural method, modeling, etc.). The novelty of the research lies in the revelation of contradictions in the articles 19 and 22 of the Federal Law “On police” regulating the use of special dyeing and marking means which can cast doubt on the legality of use of such means and invalidate the evidence. In order to eradicate the existing contradictions the author offers to amend the article 22 of the Federal Law “On Police”. 

Keywords: marking means, dyeing means, evidence, illegal, organized crime, means, special, covert, activities, police

DOI: 10.7256/2454-0595.2015.7.12989

Abstract: The norms imposing administrative responsibility are formal if the decisions are not executed. The author analyzes law enforcement practice and concludes that in case it is not reasonable to impose a fine (particularly when an administrative fine equals to fines for some types of criminal offences), it is reasonable to impose another type of administrative punishment, thus achieving the main aim – prevention of new offences by the same offender and by other persons. Large fines which are very difficult to exact should be replaced with other proportionate types of punishment. The author of the paper suggests amending the art. 20.25 of the Code of Administrative Offences of the Russian Federation with a part 11, containing the responsibility for the evasion of administrative punishment imposed for special rights abuse. The author argues that the adequacy of an imposed punishment for the evasion of administrative punishment will promote the principle of unavoidability of punishment. For data collection and processing the author uses the formal-logical and the dialectical methods, and the comparative-legal, logical and statistical analysis of the cases of administrative offences in the sphere of traffic safety. The toughening of administrative responsibility for offences in the sphere of traffic safety leads only to the decrease of some types of such offences, but it solves neither the problems of the quantity of traffic accidents and the amount of victims, nor the problems in the sphere of the imposed punishment execution. In law enforcement practice of traffic officers administrative executive proceedings are widely used not only for the observance of the principle of unavoidability of punishment, but also as a preventive measure for traffic safety provision. Therefore, the execution of decisions on administrative offences is one of the priority directions in this sphere. This research is aimed at the Russian traffic police efficiency enhancement in the sphere of administrative punishment for traffic violation execution. The author analyzes law enforcement practice of the imposed administrative punishment execution and offers recommendations for legislation enhancement in the sphere of administrative responsibility for traffic violation.                                                                                                                                                                                                                                                                                 

Keywords: natural person, deprivation of a special right, proceedings, execution, decision, fine, offence, punishment, administrative responsibility, traffic safety

DOI: 10.7256/2454-0595.2015.7.66657

Abstract: The norms imposing administrative responsibility are formal if the decisions are not executed. The author analyzes law enforcement practice and concludes that in case it is not reasonable to impose a fine (particularly when an administrative fine equals to fines for some types of criminal offences), it is reasonable to impose another type of administrative punishment, thus achieving the main aim – prevention of new offences by the same offender and by other persons. Large fines which are very difficult to exact should be replaced with other proportionate types of punishment. The author of the paper suggests amending the art. 20.25 of the Code of Administrative Offences of the Russian Federation with a part 11, containing the responsibility for the evasion of administrative punishment imposed for special rights abuse. The author argues that the adequacy of an imposed punishment for the evasion of administrative punishment will promote the principle of unavoidability of punishment. For data collection and processing the author uses the formal-logical and the dialectical methods, and the comparative-legal, logical and statistical analysis of the cases of administrative offences in the sphere of traffic safety. The toughening of administrative responsibility for offences in the sphere of traffic safety leads only to the decrease of some types of such offences, but it solves neither the problems of the quantity of traffic accidents and the amount of victims, nor the problems in the sphere of the imposed punishment execution. In law enforcement practice of traffic officers administrative executive proceedings are widely used not only for the observance of the principle of unavoidability of punishment, but also as a preventive measure for traffic safety provision. Therefore, the execution of decisions on administrative offences is one of the priority directions in this sphere. This research is aimed at the Russian traffic police efficiency enhancement in the sphere of administrative punishment for traffic violation execution. The author analyzes law enforcement practice of the imposed administrative punishment execution and offers recommendations for legislation enhancement in the sphere of administrative responsibility for traffic violation.                                                                                                                                                                                                                                                                                 

Keywords: natural person, deprivation of a special right, proceedings, execution, decision, fine, offence, punishment, administrative responsibility, traffic safety

DOI: 10.7256/2454-0595.2015.7.15821

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The authors carry out the theoretical and legal analysis of the existing concepts regulating this process. The article presents the authors’ attitudes towards the notion of administrative-legal prevention of offences and ascertainment of personal and professional traits of the subject of administrative delict. The main attention of the authors is paid to the development of methods and methodology of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The article provides the authors’ attitudes towards the interpretation and legal regulation of these categories. 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 researches (the statistical methods, expert assessments, etc.). The authors conclude that at present in order to provide nomocracy in the sphere of application of administrative legislation it is necessary to enhance the forms and methods of ascertainment of reasons and conditions of administrative offences. The main contribution of the authors is the statement about the need for the development of administrative-legal regulation of revelation of the potential subjects of administrative delicts. The novelty of the research lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities and to create the legal and organizational guarantees of legality in Russia.  

Keywords: punishment, sanction, offence, competence, police, delict, result, reason, condition, base

DOI: 10.7256/2454-0595.2015.7.66658

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The authors carry out the theoretical and legal analysis of the existing concepts regulating this process. The article presents the authors’ attitudes towards the notion of administrative-legal prevention of offences and ascertainment of personal and professional traits of the subject of administrative delict. The main attention of the authors is paid to the development of methods and methodology of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The article provides the authors’ attitudes towards the interpretation and legal regulation of these categories. 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 researches (the statistical methods, expert assessments, etc.). The authors conclude that at present in order to provide nomocracy in the sphere of application of administrative legislation it is necessary to enhance the forms and methods of ascertainment of reasons and conditions of administrative offences. The main contribution of the authors is the statement about the need for the development of administrative-legal regulation of revelation of the potential subjects of administrative delicts. The novelty of the research lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities and to create the legal and organizational guarantees of legality in Russia.  

Keywords: punishment, sanction, offence, competence, police, delict, result, reason, condition, base

DOI: 10.7256/2454-0595.2015.7.13860

Abstract: The paper analyzes the legislative changes aimed at the creation of a two-level model of local government organization in city districts. The author outlines the possible problems of solution of local problems in the process of creation of city districts with itracity division and intracity areas. The author points out the necessity of specification of the criteria for division of city districts with intracity division into intracity areas, and of regulation of the order of intracity areas interaction with each other and with a city district.  The author argues that it is unnecessary to allot the status of intracity area to any attachable settlement. The use of the inductive, analytical and comparative methods allowed formulating the position according to the possible perspectives of practical inclusion of city districts with intracity division and of intracity areas into the format of local government of the Russian Federation. On the base of the dialectical method the paper reveals the contradictions and inconsistences of legislative approaches to the creation of a systematized and structured base of executive bodies of local government on the level of city districts with intracity division and intracity areas. The novelty of the research lies in the study of issues of correlation between theoretical-legal and practical use of city districts with intracity division and intracity areas, and enumeration of facts reflecting the unity and continuity of city economy. The author formulates the conclusions about the necessity to specify the interaction between local governments of a city district with intracity division and intracity areas (vertically), and of intracity areas between each other (horizontally). 

Keywords: transformation, city economy, head of local administration, representative body, local administration, region, intracity area, city district, settlement, federal law

DOI: 10.7256/2454-0595.2015.7.66659

Abstract: The paper analyzes the legislative changes aimed at the creation of a two-level model of local government organization in city districts. The author outlines the possible problems of solution of local problems in the process of creation of city districts with itracity division and intracity areas. The author points out the necessity of specification of the criteria for division of city districts with intracity division into intracity areas, and of regulation of the order of intracity areas interaction with each other and with a city district.  The author argues that it is unnecessary to allot the status of intracity area to any attachable settlement. The use of the inductive, analytical and comparative methods allowed formulating the position according to the possible perspectives of practical inclusion of city districts with intracity division and of intracity areas into the format of local government of the Russian Federation. On the base of the dialectical method the paper reveals the contradictions and inconsistences of legislative approaches to the creation of a systematized and structured base of executive bodies of local government on the level of city districts with intracity division and intracity areas. The novelty of the research lies in the study of issues of correlation between theoretical-legal and practical use of city districts with intracity division and intracity areas, and enumeration of facts reflecting the unity and continuity of city economy. The author formulates the conclusions about the necessity to specify the interaction between local governments of a city district with intracity division and intracity areas (vertically), and of intracity areas between each other (horizontally). 

Keywords: transformation, city economy, head of local administration, representative body, local administration, region, intracity area, city district, settlement, federal law

DOI: 10.7256/2454-0595.2015.7.13885

Abstract: The subject of the research is the formation of a modern and effective public service; the object of the research is a range of social relations appearing in the process of service in the system of internal affairs. At present the organization of public service in the system of the Ministry of Internal Affairs of the Russian Federation and its personnel policy are not quite sufficient and not entirely correspond with the tasks of socio-economic development of the country. Therefore, the development of principles of legal regulation of government service relations in the sphere of the interior seems to be urgent. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods of cognition (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The contribution of the researcher consists in the conclusion that the principles of service in the bodies of internal affairs determine the quality of the corresponding kind of activity and fill it with the necessary humanistic content; the principles considered in the article predetermine the perspectives of development of bodies and organizations of the system of the Ministry of Internal Affairs. The research develops the doctrine of law on service with regard to employer-employee relations in the sphere of the interior. 

Keywords: the Ministry of Internal Affairs, internal affairs bodies, police, service, official, principle, system, legality, neutrality , regulation

DOI: 10.7256/2454-0595.2015.7.66660

Abstract: The subject of the research is the formation of a modern and effective public service; the object of the research is a range of social relations appearing in the process of service in the system of internal affairs. At present the organization of public service in the system of the Ministry of Internal Affairs of the Russian Federation and its personnel policy are not quite sufficient and not entirely correspond with the tasks of socio-economic development of the country. Therefore, the development of principles of legal regulation of government service relations in the sphere of the interior seems to be urgent. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods of cognition (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The contribution of the researcher consists in the conclusion that the principles of service in the bodies of internal affairs determine the quality of the corresponding kind of activity and fill it with the necessary humanistic content; the principles considered in the article predetermine the perspectives of development of bodies and organizations of the system of the Ministry of Internal Affairs. The research develops the doctrine of law on service with regard to employer-employee relations in the sphere of the interior. 

Keywords: the Ministry of Internal Affairs, internal affairs bodies, police, service, official, principle, system, legality, neutrality, regulation

DOI: 10.7256/2454-0595.2015.7.14072

Abstract: The subject of the research is road safety, particularly the activities of traffic officers of the State Road Safety Inspectorate in the sphere of road safety and rules of the road observance provision with a view to preservation of life, health and property, protection of rights and interests of citizens and legal entities, interests of society and state, provision of safe and regular traffic. The author adduces statistical data of serious traffic accidents serving as universally recognized indexes of road safety level. The solution of road safety problems depends on the enhancement of traffic officers’ efficiency. The author analyzes the forms and methods of road safety service. Traffic police control over the rules of the road observance is an important way of traffic participants’ behavior regulation. Traffic control cannot be absolutized only to administrative offences revelation; it should be aimed at road safety provision, minimization of coercion and punishment. Prevention of reasons and conditions of road accidents should be the top priority. The methodological base of the research includes the statistical and formal logical methods, and the general scientific methods of deduction, induction, analysis and synthesis. The author concludes that the work of traffic police should be aimed at the prevention of reasons of traffic accidents, reduction of severity of their consequences with a view to preservation of life, health and property of traffic participants, and road safety is an integral part of public security of the state. 

Keywords: traffic officers' main task, rules of the road, road safety provision, traffic participants, road safety, accident rate, traffic accidents, traffic officers, revelation, administrative offences

DOI: 10.7256/2454-0595.2015.7.66661

Abstract: The subject of the research is road safety, particularly the activities of traffic officers of the State Road Safety Inspectorate in the sphere of road safety and rules of the road observance provision with a view to preservation of life, health and property, protection of rights and interests of citizens and legal entities, interests of society and state, provision of safe and regular traffic. The author adduces statistical data of serious traffic accidents serving as universally recognized indexes of road safety level. The solution of road safety problems depends on the enhancement of traffic officers’ efficiency. The author analyzes the forms and methods of road safety service. Traffic police control over the rules of the road observance is an important way of traffic participants’ behavior regulation. Traffic control cannot be absolutized only to administrative offences revelation; it should be aimed at road safety provision, minimization of coercion and punishment. Prevention of reasons and conditions of road accidents should be the top priority. The methodological base of the research includes the statistical and formal logical methods, and the general scientific methods of deduction, induction, analysis and synthesis. The author concludes that the work of traffic police should be aimed at the prevention of reasons of traffic accidents, reduction of severity of their consequences with a view to preservation of life, health and property of traffic participants, and road safety is an integral part of public security of the state. 

Keywords: rules of the road, road safety provision, traffic participants, road safety, accident rate, traffic accidents, traffic officers, revelation, administrative offences

DOI: 10.7256/2454-0595.2015.7.13747

Abstract: The author notes that according to the range of embodied social relations administrative process is rather wide; moreover, legal procedure is implemented by a large number of police officers, each of them is responsible for the particular aspect of procedural activity. Therefore, the author observes that at present the methodological provision of this sphere of Russian police activities is necessary. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general scientific methods of cognition (dialectics, the system 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 notes that administrative proceeding in the police bodies is a jurisdictional process. It is argued that its main task is a procedural provision of measures of application of state coercion, particularly, of administrative punishment. The peculiarities of administrative proceeding in the police bodies depend on a range of factors, such as the completeness, the temporal and territorial criteria, the use of certain types of administrative punishment, and the different categories of persons.

Keywords: participant, form, coercion, police, stage, jurisdiction, process, proceedings, offence, responsibility

DOI: 10.7256/2454-0595.2015.7.66662

Abstract: The author notes that according to the range of embodied social relations administrative process is rather wide; moreover, legal procedure is implemented by a large number of police officers, each of them is responsible for the particular aspect of procedural activity. Therefore, the author observes that at present the methodological provision of this sphere of Russian police activities is necessary. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general scientific methods of cognition (dialectics, the system 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 notes that administrative proceeding in the police bodies is a jurisdictional process. It is argued that its main task is a procedural provision of measures of application of state coercion, particularly, of administrative punishment. The peculiarities of administrative proceeding in the police bodies depend on a range of factors, such as the completeness, the temporal and territorial criteria, the use of certain types of administrative punishment, and the different categories of persons.

Keywords: participant, form, coercion, police, stage, jurisdiction, process, proceedings, offence, responsibility

DOI: 10.7256/2454-0595.2015.7.15744

Abstract: The article considers the provisions of the Code of Administrative Offences of the Russian Federation in their “interpretation” which has formed in the law-enforcement practice. The author attempts to emphasize the necessity to develop the “updated” explanations by the Supreme Court of the provisions of the existing Code of Administrative Offences, since the positions of the Constitutional Court, expressed in its decisions, are not always considered properly by the law-enforcement bodies and executives; it results in the violation of the principle of legality in administrative proceedings. The main research method is comparative analysis which compares the existing law-enforcement practice with the corresponding explanation of the provisions of the Code expressed in the decisions of judicial bodies. The author comes to the conclusion about the “faulty” enforcement practice of certain provisions of the Code by the bodies and the executives, thus substantiating the inclusion of the “renewed” Supreme Court in the explanatory work together with the Constitutional Court. 

Keywords: consideration of a case, The constitutional court of the Russian Federation, the Supreme court of the Russian Federation, antimonopoly legislation, Executive authorities, administrative proceedings, the Constitution of the Russian Federation, administrative offence, institution of rejection, principle of legality

DOI: 10.7256/2454-0595.2015.7.66663

Abstract: The article considers the provisions of the Code of Administrative Offences of the Russian Federation in their “interpretation” which has formed in the law-enforcement practice. The author attempts to emphasize the necessity to develop the “updated” explanations by the Supreme Court of the provisions of the existing Code of Administrative Offences, since the positions of the Constitutional Court, expressed in its decisions, are not always considered properly by the law-enforcement bodies and executives; it results in the violation of the principle of legality in administrative proceedings. The main research method is comparative analysis which compares the existing law-enforcement practice with the corresponding explanation of the provisions of the Code expressed in the decisions of judicial bodies. The author comes to the conclusion about the “faulty” enforcement practice of certain provisions of the Code by the bodies and the executives, thus substantiating the inclusion of the “renewed” Supreme Court in the explanatory work together with the Constitutional Court. 

Keywords: consideration of a case, The constitutional court of the Russian Federation, the Supreme court of the Russian Federation, antimonopoly legislation, Executive authorities, administrative proceedings, the Constitution of the Russian Federation, administrative offence, institution of rejection, principle of legality

DOI: 10.7256/2454-0595.2015.7.15149

Abstract: The article analyzes the provisions of codified documents of the CIS member-states which regulate the functions of prosecutors in administrative prosecution. The author emphasizes the common traits of development of legal regulation in the mentioned countries, and the peculiarities of the legal status of prosecutors. The author comes to the conclusion about a relative character of definition of a procedural status of prosecutors as supervising officials and participants of administrative proceedings in different countries. The research is based on the comparative-legal method of study of the data – the codes of administrative offences of the nine CIS countries. The analysis of the available base of scientific publications demonstrates the lack of works studying the specificity of legal regulation of prosecutors’ activities in several countries at once. Therefore, the present research is scientifically new; it continues the previous research of the author devoted to the analysis of the provisions of the laws on the prosecution in the CIS member-states.  

Keywords: administrative offence, administrative prosecution, administrative investigation, Code of administrative offences, administrative jurisdiction bodies, public prosecutor's bodies, prosecutor's functions, decision, involvement in proceedings, public prosecutor's function

DOI: 10.7256/2454-0595.2015.7.66664

Abstract: The article analyzes the provisions of codified documents of the CIS member-states which regulate the functions of prosecutors in administrative prosecution. The author emphasizes the common traits of development of legal regulation in the mentioned countries, and the peculiarities of the legal status of prosecutors. The author comes to the conclusion about a relative character of definition of a procedural status of prosecutors as supervising officials and participants of administrative proceedings in different countries. The research is based on the comparative-legal method of study of the data – the codes of administrative offences of the nine CIS countries. The analysis of the available base of scientific publications demonstrates the lack of works studying the specificity of legal regulation of prosecutors’ activities in several countries at once. Therefore, the present research is scientifically new; it continues the previous research of the author devoted to the analysis of the provisions of the laws on the prosecution in the CIS member-states.  

Keywords: administrative offence, administrative prosecution, administrative investigation, Code of administrative offences, administrative jurisdiction bodies, decision, involvement in proceedings

DOI: 10.7256/2454-0595.2015.7.14348

Abstract: The legal status of officials is a basic institution of constitutional law; it requires a complex analysis within the measures taken to improve public administration and local self-government. The purpose of the work is the description of a new model of legislative procedure of election of higher officials of regional and municipal levels. The procedure of elections is the subject of the research. Consideration of these questions in the context of law-enforcement practice is the main objective of the study. This predetermines the relevance of this work for practitioners. The intensive dynamics of improvement of federal legislation in this sphere determines the relevance of the order of election of higher officials of regional and municipal levels. The conclusions of the article allow the use of new legislative provisions in accordance with constitutional principles.

Keywords: political party, procedure of election, elections, local self-governement, official, head of municipality, governor, regional filter , competition commission, unity of public authority

DOI: 10.7256/2454-0595.2015.7.66665

Abstract: The legal status of officials is a basic institution of constitutional law; it requires a complex analysis within the measures taken to improve public administration and local self-government. The purpose of the work is the description of a new model of legislative procedure of election of higher officials of regional and municipal levels. The procedure of elections is the subject of the research. Consideration of these questions in the context of law-enforcement practice is the main objective of the study. This predetermines the relevance of this work for practitioners. The intensive dynamics of improvement of federal legislation in this sphere determines the relevance of the order of election of higher officials of regional and municipal levels. The conclusions of the article allow the use of new legislative provisions in accordance with constitutional principles.

Keywords: political party, procedure of election, elections, local self-governement, official, head of municipality, governor, regional filter, competition commission, unity of public authority

DOI: 10.7256/2454-0595.2015.7.14123

Abstract: The article considers the ways of public control efficiency enhancement. The authors detail the problems of information and legal support of public monitoring and the possibility of use of information and telecommunication systems in this sphere, including the Internet. Special attention is paid to the development of methodical recommendations of use of public control mechanisms. The authors study the possibilities of departmental law-making in the sphere of development of recommendations for public monitoring use and its results assessment. The study is based on the set of general scientific and special methods of cognition of social and legal reality. The methodology is based on the dialectical method with its requirements of objectivity, comprehensiveness, historicism and preciseness of the truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As a special scientific method the authors use the comparative-legal method. The main contribution of the authors to the study of this topic is the suggestion about the need for a detailed regulation of the ways of acquisition of reliable, full and timely information about the activities of public authorities, collected and analyzed by means of up-to-date information technologies. The authors offer a standard order of public monitoring of public authorities, local authorities, state and municipal organizations and other bodies with public powers. 

Keywords: activities of local governments, activities of state bodies, acquisition of information, public assessment, Information and legal support, method, monitoring, public control, Internet, enhancement of efficiency

DOI: 10.7256/2454-0595.2015.7.66666

Abstract: The article considers the ways of public control efficiency enhancement. The authors detail the problems of information and legal support of public monitoring and the possibility of use of information and telecommunication systems in this sphere, including the Internet. Special attention is paid to the development of methodical recommendations of use of public control mechanisms. The authors study the possibilities of departmental law-making in the sphere of development of recommendations for public monitoring use and its results assessment. The study is based on the set of general scientific and special methods of cognition of social and legal reality. The methodology is based on the dialectical method with its requirements of objectivity, comprehensiveness, historicism and preciseness of the truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As a special scientific method the authors use the comparative-legal method. The main contribution of the authors to the study of this topic is the suggestion about the need for a detailed regulation of the ways of acquisition of reliable, full and timely information about the activities of public authorities, collected and analyzed by means of up-to-date information technologies. The authors offer a standard order of public monitoring of public authorities, local authorities, state and municipal organizations and other bodies with public powers. 

Keywords: activities of local governments, activities of state bodies, acquisition of information, public assessment, Information and legal support, method, monitoring, public control, Internet, enhancement of efficiency

DOI: 10.7256/2454-0595.2015.7.14340

Abstract: The study focuses on the analysis of particular aspects of public administration as an activity in the sphere of supervision and control; identification of the problems and contradictions of modern administrative law in the sphere of nature management and environmental protection; consideration of the relationship between the concepts of "control" and "supervision", differentiation of these terms according to the subject composition; development of proposals for the optimal resolution of particular problem issues in this area; identification of the need for amendment, changes of the wordings and versions of several articles of the regulations; amending of the regulation on the state environmental supervision.The methodology of the study is based on the analysis of the literature and legal acts, comparison of the wordings of the relevant provisions of laws and regulations, and revelation of contradictions and inconsistencies.In the conclusion the author formulates the new provisions on public administration in the field of supervision and control as an activity of authorized bodies and organizations, mainly, the executive bodies, regulated by normative acts; these organizations provide the observance of the law, have public authorities and act in the public interests. The author offers the ways of optimal solution of particular problem issues, reveals the necessity to amend and change the wordings and the versions of particular normative acts, and to amend the regulation on the state environmental supervision.

Keywords: powers, nature management, environmental control, state environmental supervision, Executive authorities, Government, public administration, administrative legislation, discrepancies in the legislation, environmental protection

DOI: 10.7256/2454-0595.2015.7.66667

Abstract: The study focuses on the analysis of particular aspects of public administration as an activity in the sphere of supervision and control; identification of the problems and contradictions of modern administrative law in the sphere of nature management and environmental protection; consideration of the relationship between the concepts of "control" and "supervision", differentiation of these terms according to the subject composition; development of proposals for the optimal resolution of particular problem issues in this area; identification of the need for amendment, changes of the wordings and versions of several articles of the regulations; amending of the regulation on the state environmental supervision.The methodology of the study is based on the analysis of the literature and legal acts, comparison of the wordings of the relevant provisions of laws and regulations, and revelation of contradictions and inconsistencies.In the conclusion the author formulates the new provisions on public administration in the field of supervision and control as an activity of authorized bodies and organizations, mainly, the executive bodies, regulated by normative acts; these organizations provide the observance of the law, have public authorities and act in the public interests. The author offers the ways of optimal solution of particular problem issues, reveals the necessity to amend and change the wordings and the versions of particular normative acts, and to amend the regulation on the state environmental supervision.

Keywords: powers, nature management, environmental control, state environmental supervision, Executive authorities, Government, public administration, administrative legislation, discrepancies in the legislation, environmental protection

DOI: 10.7256/2454-0595.2015.7.15274

Abstract: The subject of the research is anti-corruption audit as a special instrument of combating corruption and a form of control over realization of the government anti-corruption policy. The main tasks of the research are: a) to analyze the Russian normative legal acts in the sphere of organization and realization of anti-corruption audit; b) to develop the author’s scientific legal definition of anti-corruption audit; c) to reveal the essence of anti-corruption audit as an instrument of combating corruption and a form of control over realization of the government anti-corruption policy. The methodology of the research is based on dialectical materialism and the general scientific methods of cognition: analysis, synthesis, comparison and others. The scientific novelty of the study lies in the development of the scientific legal category of “anti-corruption audit”, the revelation of the content of anti-corruption audit as an instrument of combating corruption and a form of control over realization of the government anti-corruption policy, and the analysis of the legal base of anti-corruption audit organization and realization.

Keywords: anti-corruption legislation, anti-corruption awareness, prevention of corruption, audit, anti-corruption audit, anti-corruption policy, anti-corruption, Corruption, anti-corruption behavior, anticorruption activity

DOI: 10.7256/2454-0595.2015.7.66668

Abstract: The subject of the research is anti-corruption audit as a special instrument of combating corruption and a form of control over realization of the government anti-corruption policy. The main tasks of the research are: a) to analyze the Russian normative legal acts in the sphere of organization and realization of anti-corruption audit; b) to develop the author’s scientific legal definition of anti-corruption audit; c) to reveal the essence of anti-corruption audit as an instrument of combating corruption and a form of control over realization of the government anti-corruption policy. The methodology of the research is based on dialectical materialism and the general scientific methods of cognition: analysis, synthesis, comparison and others. The scientific novelty of the study lies in the development of the scientific legal category of “anti-corruption audit”, the revelation of the content of anti-corruption audit as an instrument of combating corruption and a form of control over realization of the government anti-corruption policy, and the analysis of the legal base of anti-corruption audit organization and realization.

Keywords: anti-corruption legislation, anti-corruption awareness, prevention of corruption, audit, anti-corruption audit, anti-corruption policy, anti-corruption, Corruption, anti-corruption behavior, anticorruption activity