Abstract: The responsibility of individuals is a poorly studied object of the constitutional responsibility theory. Among individuals with a special constitutional status of stay in the Russian Federation, should be reckoned all individuals, who don’t possess the nationality of the Russian Federation as a basic right for stay on its territory, and displaced persons. The issues of responsibility of such individuals, resulting from their constitutional status, substantiate the necessity to consider the related legal provisions. To achieve this goal, the author applies the formal-legal and system methods, the methods of analysis and comparison. The author defines individuals with the special and the preliminary constitutional and legal status of stay in the Russian Federation or its part; the grounds of responsibility and the way of their distinguishing from the grounds of application of protective measures; reveals the gaps in legal consolidation of some grounds of responsibility; analyzes the scholars’ positions on recognition or non-recognition of any measures as constitutional sanctions; offers and substantiates her own variant of constitutional sanctions, which can be imposed on individuals with a special status.

Keywords: constitutional and legal sanctions, displaced persons, constitutional and legal responsibility, refugees, special constitutional status, stateless persons, foreign citizens, grounds of constitutional responsibility, deportation, administrative expulsion

DOI: 10.7256/2454-0595.2016.11.68322

DOI: 10.7256/2454-0595.2016.11.20834

Abstract: The research subject is the social relations, connected with the imposition of legal responsibility for the use of the official status during the electoral campaign. The author considers such use of the official status as one of the forms of abuse of rights. The particular attention of the authors of the Constitution of the Russian Federation to the guarantees of the equality of human and civil rights and freedoms has conditioned the appearance of the particular article, devoted to the restraint of use of the advantages of the official status during the elections, in the Federal Law “On the general guarantees of electoral rights and the right to participate in referendum of citizens of the Russian Federation”. The author of the study analyzes various materials of judicial practice, including the decisions of courts of the Russian Federation and the European Court of Human Rights. Special attention is given to the conclusions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The author concludes that when imposing the responsibility for the use of the advantages of the official status in the electoral campaign, it is necessary to assess the frequency, the character, the content and the purpose of these actions. In the author’s opinion, Russian legislation, which doesn’t allow for the compulsory leave of persons, filling state and municipal posts, creates the opportunities of violation of the equal suffrage principle. Therefore, it is necessary to extend this duty to persons, filling state and municipal posts.

Keywords: election, suffrage, court judgement , administrative resource, official status, responsibility, campaigning , election committee , candidate registration, law

DOI: 10.7256/2454-0595.2016.11.68323

Keywords: election, suffrage, court judgement, administrative resource, official status, responsibility, campaigning, election committee, candidate registration, law

DOI: 10.7256/2454-0595.2016.11.19506

Abstract: The research subject is the legal regulations and scientific resources, characterizing the principles of road traffic safety protection. The research object is legal relations, emerging in the process of application of legal provisions, regulating road traffic safety protection. Based on the analysis of statutory instruments and scientific literature, the author summarizes the content of the principles, characterizing the essence of public management of road traffic safety protection, by means of the analysis of general legal principles, principles of administrative law and institutional principles of road traffic safety protection. The author gives attention to the existence of the system of such principles. The research methodology is based on the set of general scientific and special research methods (formal-legal, analytical, system methods, analysis, synthesis, modeling, comparison, etc.). The author concludes that the road safety protection principles, contained in the Federal Law “On road traffic safety”, are the sustainable and fundamental elements of law, helping, on the one hand, systematize the law, and on the other hand, define the specificity of the legal system, formed in the sphere of road safety protection, its difference from other modern legal systems, thus allowing considering these principles as the institutional ones. The author comes to the conclusion about the dialectical interrelation of institutional principles of road traffic safety protection and the general principles of law. The scientific novelty of the study consists in the comprehensive analysis of theoretical and legal aspects of fundamental ideas of road traffic safety protection.

Keywords: public management, systematization of principles, public policy, administrative law, theory of law, principles, safety protection, road traffic safety, road traffic, legal relations

DOI: 10.7256/2454-0595.2016.11.68320

Keywords: public management, systematization of principles, public policy, administrative law, theory of law, principles, safety protection, road traffic safety, road traffic, legal relations

DOI: 10.7256/2454-0595.2016.11.20940

Abstract: The article considers some issues of theoretical views on certain definitions of the set of elements of an administrative offence; demonstrates the characteristic of various approaches of scholars, dealing with the problems of administrative tort law. The topicality of this issue is conditioned by the importance of this legal institution, since it promotes the correct qualification of the deed and the effective application of administrative punishment, improves the legal culture of the population. The research object is social relations, regulating the administrative responsibility institution; the research subject is the theoretical approaches to the definition of the set of elements of an administrative offence as a basis for administrative responsibility. Based on the provisions of the general dialectical method, and using the system, structural-functional, analytical and comparative methods, the author offers her own interpretation of the definition of the set of elements of an administrative offence. The author suggests understanding the set of elements of an administrative offence as the set of legal features, which help characterize the deed, the circumstances, the damage, the person who had committed the offence, and the relation of this person to the committed deed.

Keywords: notion, legal analysis, features, legislation, administrative jurisdiction , administrative punishment, damage, composition , administrative law, administrative offence

DOI: 10.7256/2454-0595.2016.11.68321

Abstract: The article considers some issues of theoretical views on certain definitions of the set of elements of an administrative offence; demonstrates the characteristic of various approaches of scholars, dealing with the problems of administrative tort law. The topicality of this issue is conditioned by the importance of this legal institution, since it promotes the correct qualification of the deed and the effective application of administrative punishment, improves the legal culture of the population. The research object is social relations, regulating the administrative responsibility institution; the research subject is the theoretical approaches to the definition of the set of elements of an administrative offence as a basis for administrative responsibility. Based on the provisions of the general dialectical method, and using the system, structural-functional, analytical and comparative methods, the author offers her own interpretation of the definition of the set of elements of an administrative offence. The author suggests to understand the set of elements of an administrative offence as the set of legal features, which help characterize the deed, the circumstances, the damage, the person who had committed the offence, and the relation of this person to the committed deed.

Keywords: damage, administrative punishment, administrative jurisdiction, legislation, features, legal analysis, notion, composition, administrative law, administrative offence

DOI: 10.7256/2454-0595.2016.11.19134

Abstract: Alcohol abuse in the Russian Federation is a result of a range of negative social and economic factors. The article studies statutory instruments, regulating the production and the distribution of alcoholic and alcohol-containing products in the Russian Federation, which, along with other statutory instruments, form the system and the framework of government regulation of relations in this sphere. Particularly, the authors analyze some provisions of the Federal law of 22 November 1995 No 171 “On government regulation of the production and distribution of ethyl alcohol, alcoholic and alcohol-containing products, and on the restraint of consumption of alcoholic products”. Besides, the authors enumerate the peculiarities of introduction of the Unified State Automated Information System of accounting of the level of production and distribution of ethyl alcohol, alcoholic and alcohol-containing products in retail trade since 2016, the legislative initiatives of public authorities of the Russian Federation and the directions of activity and policies, proposed by the World Health Organization, aimed at the reduction of consequences of alcohol abuse. The authors apply such general scientific and specific research methods as dialectics, the system analysis, the sociological, statistical and comparative-legal methods. The novelty of the study consists in the analysis of the main statutory instruments in the sphere of production and distribution of alcoholic products in the Russian Federation, and the factors, influencing the legislative changes in this sphere. The authors come to the conclusion that Russian legislation in this sphere is the basis of government regulation of the production and distribution of alcohol-containing products in the Russian Federation; it is the set of statutory instruments, which are currently forming and changing.

Keywords: statutory instruments, retail trade, USAIS, alcoholic beverage market, production and distribution, legislation, government regulation, World Health Organization, legislative initiatives, international experience

DOI: 10.7256/2454-0595.2016.11.68327

DOI: 10.7256/2454-0595.2016.11.19683

Abstract: The research subject is the provisions of the article 29.2 of the Federal Law “On the general principles of organization of legislative (representative) and executive authorities of constituent territories of the Russian Federation”, which have defined the procedure of scheduled and unscheduled inspections of regional public authorities and their officials in the Russian Federation. The author considers the issue from the position of prosecution agencies’ participation in the process of regulation of supervision activities in this sphere by means of prosecutor’s supervision and other authorities. The research is based on the method of comparison with the provisions of the previously adopted and approved legislative provisions, the detection of contentious aspects of this legislative novel, and the prognostication of the related law enforcement problems. The author, on the one hand, approves the filling of the legislative gap in the regulation of the issues of supervision activity in relation to the local authorities and their officials, and on the other hand, detects the obvious collisions in the novels under consideration. This issue hasn’t been studied in the context of prosecutor’s activity so far.

Keywords: distribution of powers, prosecutor's supervision, prosecutor, public authority, official, government supervision (control), state recording, unscheduled inspection , register of inspections, schedule the inspection

DOI: 10.7256/2454-0595.2016.11.68328

Keywords: distribution of powers, prosecutor, public authority, official, government supervision (control), state recording, unscheduled inspection, register of inspections, schedule the inspection

DOI: 10.7256/2454-0595.2016.11.19040

Abstract: The research subject is the main provisions of administrative law and procedure; the research task is to reveal the problem aspects, which appear in the result of shifting the part of the subject of administrative law into the subject of administrative procedure. The research results can be assessed in the context of the study; they are one of the stages of the subject of administrative procedure understanding. The major part of the subject of administrative law focuses on the issues of work of agencies and organizations, vested with authoritative powers, particularly the work of public administration, i.e. public management. The subject of administrative procedure should be understood as the work of courts – administrative legal proceedings and proceedings on administrative offences. The division of Russian administrative procedure law into two branches – administrative-executive (administrative procedure) law and administrative-judicial law - proves that administrative law is losing the part of its subject, connected with the activity of public administration. The field of application of the research results is determined by the research task and the conclusions about the application of the corresponding definitions - such as public administration, administrative procedure, etc. – in the subjects of administrative law and administrative procedure. The author applies general scientific methods (analysis, synthesis, the system method) and special scientific methods (formal legal and comparative legal). The author suggests to interpret administrative procedure as the activity of courts (court procedure). The author notes that the subject of administrative law includes public administration, i.e. the activity of agencies and organizations, vested with authoritative powers. The author admits the disputable character of his conclusions, and plans to continue the research in this sphere.

Keywords: public administration , administrative legal proceedings , procedural rules, rules of substantive law, administrative procedure, public management, authoritative powers, term, definition, administrative law

DOI: 10.7256/2454-0595.2016.11.68329

Keywords: public administration, administrative legal proceedings, procedural rules, rules of substantive law, administrative procedure, public management, authoritative powers, term, definition, administrative law

DOI: 10.7256/2454-0595.2016.11.20772

Abstract: In the context of the modern conditions of development of the information society and the formation of information policy, databases are the most important instrument of solving the problem of the state’s information resources harmonization. The widespread use of electronic information arrays in the work of public authorities proves the necessity and the importance of distinguishing such databases as an independent type, and establishing a special legal regime for them. But so far, the study of the legal nature of databases and the problems of their legal regulation has been carried out within the civil law science. Therefore, the purpose of this research is to study the legal nature of public databases as an object of information legal relations of a complex character. The research methodology is based on general scientific and special methods of cognition: modeling and comparison, analysis, deduction and induction, the logical, formal-legal and interpretation research methods. The author reveals the features and the peculiarities of the legal nature of databases, which are formed and applied in the sphere of state and municipal administration. On the base of the analysis of the categories “public authority” and “public interest”, the author concludes that the general significance of public activity is an essential aspect of public authority and the essence of publicity as a characterizing feature of public databases.

Keywords: publicity, public interest, public authority, state administration, legal regulation, information resource, database, authenticity, information, state services

DOI: 10.7256/2454-0595.2016.11.68330

Keywords: publicity, public interest, public authority, state administration, legal regulation, information resource, database, authenticity, information, state services

DOI: 10.7256/2454-0595.2016.11.19294

Abstract: The research subject is the novels of the Administrative Procedure Rules of the Russian Federation, particularly, the proceedings on administrative cases on the creation of statutory charges and sanctions. This procedure hasn’t been introduced for general jurisdiction courts so far. The author considers the connection of such theoretical notions as “tax disputes” and “public-law disputes” with the practical aspects of such types of legal proceedings. The author notes the differences between the procedure of creation of statutory charges and sanctions in comparison with arbitration proceedings. The author points at the positive sides of the adoption of this chapter of the Administrative Procedure Rules for the law enforcement practice. The author applies such general scientific methods as dialectics, the historical method, analysis, synthesis, deduction and induction. The author also applies special scientific methods: the historical-legal, comparative-legal, system-structural method and system analysis. This study is the first to apply theoretical substantiation of terminology and branch systematization to this chapter of the Administrative Procedure Rules of the Russian Federation. The author compares the corresponding chapters of the Administrative Procedure Rules and the Arbitration Procedure Code; prognosticates the enforcement of judicial procedure of the creation of statutory charges and sanctions; concludes about the positive role of this rule.

Keywords: statutory charges, Tax Code, public legal relations, tax disputes, Administrative Procedure Rules, administrative justice, administrative law, sanctions, charging, Arbitration Procedure Code

DOI: 10.7256/2454-0595.2016.11.68331