DOI: 10.7256/2454-0595.2016.2.17871

Abstract: The research object is the range of legal and organizational problems of the state performing its social function. The authors analyze the concepts of legal regulation of the Russian state’s social function. The article demonstrates the authors’ position on the concept of social protection of the person. The main attention is paid to the development of methods and methodology of legal confirmation of the state’s social function. In addition, the authors analyze the social function concept in the modern conditions. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems approach, analysis synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The authors come to the conclusion about the necessity to develop effective mechanisms of social policy implementation. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of social policy and legality ensuring. 

DOI: 10.7256/2454-0595.2016.2.67406

Abstract: The research object is the range of legal and organizational problems of the state performing its social function. The authors analyze the concepts of legal regulation of the Russian state’s social function. The article demonstrates the authors’ position on the concept of social protection of the person. The main attention is paid to the development of methods and methodology of legal confirmation of the state’s social function. In addition, the authors analyze the social function concept in the modern conditions. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems approach, analysis synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The authors come to the conclusion about the necessity to develop effective mechanisms of social policy implementation. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of social policy and legality ensuring. 

Keywords: function, protection, defence, person, policy, social, state, benefit, pension, system

DOI: 10.7256/2454-0595.2016.2.17739

Abstract: The author analyzes the management act and its role in the state registration of real estate ownership and transactions. The analysis of the indications of the management act, the administrative-legal act, and the state registration of real estate ownership and transactions allows developing the new approach toward defining the state registration of real estate ownership and transactions as a legal administrative act of a nonnormative character and individual orientation. The author applies general scientific methods (analysis, synthesis, the system-structural and functional approaches), and special methods of jurisprudence (comparative-legal, formal-logical and other methods of scientific cognition). The special contribution of the author is the consideration of the state registration of real estate ownership and transactions as an administrative legal act of a nonnormative character, individual orientation, and constitutive effect, which is implemented through the “special authorized public agency”; thus, it is the administrative (managerial) process. 

DOI: 10.7256/2454-0595.2016.2.67407

Abstract: The author analyzes the management act and its role in the state registration of real estate ownership and transactions. The analysis of the indications of the management act, the administrative-legal act, and the state registration of real estate ownership and transactions allows developing the new approach toward defining the state registration of real estate ownership and transactions as a legal administrative act of a nonnormative character and individual orientation. The author applies general scientific methods (analysis, synthesis, the system-structural and functional approaches), and special methods of jurisprudence (comparative-legal, formal-logical and other methods of scientific cognition). The special contribution of the author is the consideration of the state registration of real estate ownership and transactions as an administrative legal act of a nonnormative character, individual orientation, and constitutive effect, which is implemented through the “special authorized public agency”; thus, it is the administrative (managerial) process. 

Keywords: real estate, management act, registration of ownership, administrative-legal act, legality, bylaw, element of law, legal act, evidence act, administrative legal relations

DOI: 10.7256/2454-0595.2016.2.17339

Abstract: The article considers the main legal mechanisms of ensuring publicity and transparency of local government, possessed by the civil society institutions according to the current legislation. The author outlines several problems of information coverage of local governments’ activities; points at the lack of legal regulation of electronic municipalities on the local level. On the base of the analysis of federal and municipal legislation, the author proposes specific legislative and organizational measures, aimed at the improvement of publicity and legitimacy of local governments. The author applies general philosophical and general scientific methods of cognition (comparative-legal, formal-legal and theoretical and prognostic). The novelty of the study consists in the explanation of interconnection between publicity and the activity of the civil society on municipal level; in confirming the influence of the non-governmental sector on the level of transparency of municipal bodies. The author proposes the amendments to the Federal Law “On the general principles of local government organization in Russia”, and the Federal Law “On the principles of public control in the Russian Federation”, enhancing the dialogue between local governments and the civil society. 

DOI: 10.7256/2454-0595.2016.2.67408

Abstract: The article considers the main legal mechanisms of ensuring publicity and transparency of local government, possessed by the civil society institutions according to the current legislation. The author outlines several problems of information coverage of local governments’ activities; points at the lack of legal regulation of electronic municipalities on the local level. On the base of the analysis of federal and municipal legislation, the author proposes specific legislative and organizational measures, aimed at the improvement of publicity and legitimacy of local governments. The author applies general philosophical and general scientific methods of cognition (comparative-legal, formal-legal and theoretical and prognostic). The novelty of the study consists in the explanation of interconnection between publicity and the activity of the civil society on municipal level; in confirming the influence of the non-governmental sector on the level of transparency of municipal bodies. The author proposes the amendments to the Federal Law “On the general principles of local government organization in Russia”, and the Federal Law “On the principles of public control in the Russian Federation”, enhancing the dialogue between local governments and the civil society. 

Keywords: civil society, population, electronic municipality, public control, access to information, local government, the public chamber, publicity, official site, munucipal body

DOI: 10.7256/2454-0595.2016.2.17730

Abstract: The author analyzes the implementation of the concepts of the state cultural policy of the Russian Federation concerning the protection of cultural heritage objects for the past period, demonstrates the existing contradictions between the federal center and the regions of the Russian Federation in relation to forming independent authorized agencies in this sphere, and shows these contradictions using the example of the current Russian legislation and bills, shares his ideas about the issue under consideration. The research methodology consists of general scientific philosophical methods, particularly, the materialistic method, specific scientific methods (analysis, synthesis, modeling, induction, deduction, and abstraction), and special methods, including the statistical method, the formal-logical method, the method of law interpreting, and the method of comparative jurisprudence. To solve the research tasks, the author also applies the analysis of statistical data and legal documents. The author demonstrates the practical realization of the concepts of cultural policy in Russia by the federal center and the regions, the appearing contradictions, caused by the regions’ independence, which is provided by the Constitution of the Russian Federation, and the possible variants of further developments in this sphere. 

DOI: 10.7256/2454-0595.2016.2.67409

Abstract: The author analyzes the implementation of the concepts of the state cultural policy of the Russian Federation concerning the protection of cultural heritage objects for the past period, demonstrates the existing contradictions between the federal center and the regions of the Russian Federation in relation to forming independent authorized agencies in this sphere, and shows these contradictions using the example of the current Russian legislation and bills, shares his ideas about the issue under consideration. The research methodology consists of general scientific philosophical methods, particularly, the materialistic method, specific scientific methods (analysis, synthesis, modeling, induction, deduction, and abstraction), and special methods, including the statistical method, the formal-logical method, the method of law interpreting, and the method of comparative jurisprudence. To solve the research tasks, the author also applies the analysis of statistical data and legal documents. The author demonstrates the practical realization of the concepts of cultural policy in Russia by the federal center and the regions, the appearing contradictions, caused by the regions’ independence, which is provided by the Constitution of the Russian Federation, and the possible variants of further developments in this sphere. 

Keywords: cultural heritage object, competence, independence, federalism, executive bodies, government protection, bill, contradictions, federal center, regions of the Russian Federation

DOI: 10.7256/2454-0595.2016.2.17637

Abstract: The research subject is the range of administrative measures aimed at crimes prevention. The topicality of this issue is conditioned by the necessity to form a scientifically grounded system of preventing criminalization of the society. The current crisis of crime prevention system is caused by the shortcomings of the existing legal framework and the deterioration of functioning of its particular elements, including such an important element as the system of crime prevention in every possible way. The problems of prevention of crimes, which are socially dangerous and directly connected with penal and administrative policy of Russia, and their solution should be aimed at search for the optimal interaction of penal and administrative measures of prevention of crimes and administrative offences. The author applies general scientific methods (analysis, synthesis, generalization, induction and deduction), and specific scientific methods (system analysis of criminal and administrative legislation, structural and formal-legal research methods). The scientific novelty of the research consists in the author’s classification of the system of administrative measures of crime prevention. The author concludes that administrative law has a wide range of measures of crime prevention. These measures can be provisionally divided into three groups: “pre-criminal” measures, including the measures of administrative prevention of crime; measures of administrative liability, aimed at preventing primary administrative offences; the third group of measures is applied on the “post-criminal” stage, and is composed of the system of administrative supervision over persons, who had been released from detention facilities, in order to prevent them from return to crime. 

DOI: 10.7256/2454-0595.2016.2.67410

Abstract: The research subject is the range of administrative measures aimed at crimes prevention. The topicality of this issue is conditioned by the necessity to form a scientifically grounded system of preventing criminalization of the society. The current crisis of crime prevention system is caused by the shortcomings of the existing legal framework and the deterioration of functioning of its particular elements, including such an important element as the system of crime prevention in every possible way. The problems of prevention of crimes, which are socially dangerous and directly connected with penal and administrative policy of Russia, and their solution should be aimed at search for the optimal interaction of penal and administrative measures of prevention of crimes and administrative offences. The author applies general scientific methods (analysis, synthesis, generalization, induction and deduction), and specific scientific methods (system analysis of criminal and administrative legislation, structural and formal-legal research methods). The scientific novelty of the research consists in the author’s classification of the system of administrative measures of crime prevention. The author concludes that administrative law has a wide range of measures of crime prevention. These measures can be provisionally divided into three groups: “pre-criminal” measures, including the measures of administrative prevention of crime; measures of administrative liability, aimed at preventing primary administrative offences; the third group of measures is applied on the “post-criminal” stage, and is composed of the system of administrative supervision over persons, who had been released from detention facilities, in order to prevent them from return to crime. 

Keywords: criminal law, group, administrative supervision, administrative warning, administrative liability, administrative law, prevention, crime, criminological research, methods

DOI: 10.7256/2454-0595.2016.2.17884

Abstract: The author considers the aspects of administrative liability enforcement in cases of violation of the legislation in the sphere of technical regulation in the Russian Federation, and the ways of its improvement. Special attention is paid to the principles of justice, legal liability individualization, and the proportionality of the punishment to the gravity of the crime when defining the sums of administrative penalties. The author studies the problem of the turnover-based fine application as a means of repeated offences reduction and the economic entities’ honest behavior encouragement. The methodology of the research is based on the dialectical method and the systems approach. The author applies the methods of analysis, generalization, synthesis, and prognostication. The author concludes that it is rather hard to observe the proportionality criteria and to ensure the individualization of the punishment when applying the administrative fine with the lower limit from 100000 rubles. In some cases such a fine is used as an instrument of economic independence suppression. The author offers to apply the differentiated approach in order to define the amount of penalties, imposed on economic entities, and to apply the fine calculated according to the share of the turnover of capital of the company for the certain period, taking into consideration all mitigating and aggravating circumstances, rather than to apply the fixed fine. 

DOI: 10.7256/2454-0595.2016.2.67411

Abstract: The author considers the aspects of administrative liability enforcement in cases of violation of the legislation in the sphere of technical regulation in the Russian Federation, and the ways of its improvement. Special attention is paid to the principles of justice, legal liability individualization, and the proportionality of the punishment to the gravity of the crime when defining the sums of administrative penalties. The author studies the problem of the turnover-based fine application as a means of repeated offences reduction and the economic entities’ honest behavior encouragement. The methodology of the research is based on the dialectical method and the systems approach. The author applies the methods of analysis, generalization, synthesis, and prognostication. The author concludes that it is rather hard to observe the proportionality criteria and to ensure the individualization of the punishment when applying the administrative fine with the lower limit from 100000 rubles. In some cases such a fine is used as an instrument of economic independence suppression. The author offers to apply the differentiated approach in order to define the amount of penalties, imposed on economic entities, and to apply the fine calculated according to the share of the turnover of capital of the company for the certain period, taking into consideration all mitigating and aggravating circumstances, rather than to apply the fixed fine. 

Keywords: liability, measures of state coercion, offence, legislation update, development trends, urgent problems, state control, state supervision, administrative penalty, problem issues

DOI: 10.7256/2454-0595.2016.2.16750

Abstract: The research object is the institution of autonomous regional special purpose bodies in Canada. The research subject is the range of regulatory sources and scientific and analytical literature in the sphere of the research. The author pays special attention to such issues as the history of foundation of special purpose bodies in Canada; their organizational differences from municipal governments; their constitutional status; their role in the system of municipal governments. The author applies the method of analysis of legal sources, regulating the status of autonomous regional special purpose bodies. The author also applies the comparative legal method when studying the peculiarities of forming and financing such bodies in Canada and the USA. The author comes to the conclusion about the differences between special purpose bodies and municipal governments, including the possibility of constitutional protection of some special purpose bodies, in contrast to the conventional municipal governments. In spite of the fact that these bodies are wide spread, their role in municipal governments system is ambiguous and needs further analysis. 

DOI: 10.7256/2454-0595.2016.2.67412

Abstract: The research object is the institution of autonomous regional special purpose bodies in Canada. The research subject is the range of regulatory sources and scientific and analytical literature in the sphere of the research. The author pays special attention to such issues as the history of foundation of special purpose bodies in Canada; their organizational differences from municipal governments; their constitutional status; their role in the system of municipal governments. The author applies the method of analysis of legal sources, regulating the status of autonomous regional special purpose bodies. The author also applies the comparative legal method when studying the peculiarities of forming and financing such bodies in Canada and the USA. The author comes to the conclusion about the differences between special purpose bodies and municipal governments, including the possibility of constitutional protection of some special purpose bodies, in contrast to the conventional municipal governments. In spite of the fact that these bodies are wide spread, their role in municipal governments system is ambiguous and needs further analysis. 

Keywords: agencies, boards, commissions, constitutional status, legal nature, municipal government, Canada, special purpose bodies, provinces, autonomy, USA, special districts

DOI: 10.7256/2454-0595.2016.2.17695

Abstract: The research object is legal regulation of the nomenclature of scientific specialities, in which candidate and doctor theses are defended. The research object is the nomenclature of scientific specialities. The article analyzes the stages of legal regulation of the nomenclature of scientific specialities, including the pre-revolutionary and the Soviet periods of scientific degrees granting. Special attention is paid to the problems of the contemporary legal regulation if the nomenclature of scientific specialities caused by the unreasonable introduction of new specialities. The author outlines the problem of composing and confirming scientific specialities descriptions. The author applies the dialectical method, the systems analysis, the logical, hermeneutical, and other general scientific methods of cognition. The author uses specific scientific and special methods: historical, comparative-legal, formal-legal and others. The author comes to the conclusion about the need for modernization of the existing nomenclature of scientific specialities, consolidation of scientific specialities, and about the importance of developing a procedure of inclusion of new specialities into the nomenclature. The author offers the mechanism of this procedure. The study substantiates the reasonability of legal confirmation of the procedure of composition and approval of scientific specialities descriptions, which allow differentiating one speciality from another. 

DOI: 10.7256/2454-0595.2016.2.67413

Abstract: The research object is legal regulation of the nomenclature of scientific specialities, in which candidate and doctor theses are defended. The research object is the nomenclature of scientific specialities. The article analyzes the stages of legal regulation of the nomenclature of scientific specialities, including the pre-revolutionary and the Soviet periods of scientific degrees granting. Special attention is paid to the problems of the contemporary legal regulation if the nomenclature of scientific specialities caused by the unreasonable introduction of new specialities. The author outlines the problem of composing and confirming scientific specialities descriptions. The author applies the dialectical method, the systems analysis, the logical, hermeneutical, and other general scientific methods of cognition. The author uses specific scientific and special methods: historical, comparative-legal, formal-legal and others. The author comes to the conclusion about the need for modernization of the existing nomenclature of scientific specialities, consolidation of scientific specialities, and about the importance of developing a procedure of inclusion of new specialities into the nomenclature. The author offers the mechanism of this procedure. The study substantiates the reasonability of legal confirmation of the procedure of composition and approval of scientific specialities descriptions, which allow differentiating one speciality from another. 

Keywords: Higher Attestation Commission, dissertation Council, academic degree, thesis, scientific specialty description, nomenclature, scientific speciality, scientific certification, science, legal

DOI: 10.7256/2454-0595.2016.2.17697

Abstract: The author attempts to analyze the concept and the attributes of legal mechanism on the base of the existing approaches systematization. This analysis hasn’t been described in legal literature before. The article states the existing approaches to defining the notions “legal regulation mechanism”, “force of law mechanism”, and “state mechanism”, which allow developing a uniform author’s definition of the category “legal mechanism”. The author finds out and characterizes the specific attributes of legal mechanism: compulsory legal confirmation, specific goal, a system and complex character, specific structure, connection with legal procedures. The author applies various general scientific methods of logical cognition: analysis, synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The complex theoretical and practical interdisciplinary approach to legal mechanisms research conditiones the necessity to use the systems method which integrates theoretical abstractions and provisions of the current legislation, and empirical data of law-making and law enforcement activities. The study has a general theoretical character; it is an interdisciplinary study aimed at the development of the general legal mechanisms theory and their effectiveness increase. The author carries out comparative analysis of scientific approaches to understanding the essence and the content of the category “legal mechanism”, and develops its uniform definition. The author identifies and characterizes the specific attributes helping interpret legal mechanism as an independent legal category. 

DOI: 10.7256/2454-0595.2016.2.67414

Abstract: The author attempts to analyze the concept and the attributes of legal mechanism on the base of the existing approaches systematization. This analysis hasn’t been described in legal literature before. The article states the existing approaches to defining the notions “legal regulation mechanism”, “force of law mechanism”, and “state mechanism”, which allow developing a uniform author’s definition of the category “legal mechanism”. The author finds out and characterizes the specific attributes of legal mechanism: compulsory legal confirmation, specific goal, a system and complex character, specific structure, connection with legal procedures. The author applies various general scientific methods of logical cognition: analysis, synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The complex theoretical and practical interdisciplinary approach to legal mechanisms research conditiones the necessity to use the systems method which integrates theoretical abstractions and provisions of the current legislation, and empirical data of law-making and law enforcement activities. The study has a general theoretical character; it is an interdisciplinary study aimed at the development of the general legal mechanisms theory and their effectiveness increase. The author carries out comparative analysis of scientific approaches to understanding the essence and the content of the category “legal mechanism”, and develops its uniform definition. The author identifies and characterizes the specific attributes helping interpret legal mechanism as an independent legal category. 

Keywords: complex character, specific purpose, legal procedure, legal means, force of law mechanism, state mechanism, mechanism of legal regulation, legal mechanism, system character, specific structure

DOI: 10.7256/2454-0595.2016.2.17373

Abstract: The research subject is the range of general questions of the prosecutor’s legal status as a participant of administrative proceedings, regulated by the recently adopted Code of Administrative Code Proceedings of the Russian Federation.  The author compares the Code’s provisions with the existing Civil Procedural Code of the Russian Federation, emphasizes the positive sides of the novels and criticizes the shortcomings of legal regulation of the issues under consideration, offers the ways to improve legal norms. The author applies the comparative-legal method to compare the provisions of the legislation, regulating administrative and civil proceedings. The author defines the advantages of the novels, added to the legal status of the prosecutor, involved in administrative proceedings, and draws attention to the particular drawbacks in procedural legislation formulae, offering the possible ways of their improvement. This research is one of the first scientific works, devoted to the legal status of the prosecutor, involved in administrative proceedings. 

DOI: 10.7256/2454-0595.2016.2.67415

Abstract: The research subject is the range of general questions of the prosecutor’s legal status as a participant of administrative proceedings, regulated by the recently adopted Code of Administrative Code Proceedings of the Russian Federation.  The author compares the Code’s provisions with the existing Civil Procedural Code of the Russian Federation, emphasizes the positive sides of the novels and criticizes the shortcomings of legal regulation of the issues under consideration, offers the ways to improve legal norms. The author applies the comparative-legal method to compare the provisions of the legislation, regulating administrative and civil proceedings. The author defines the advantages of the novels, added to the legal status of the prosecutor, involved in administrative proceedings, and draws attention to the particular drawbacks in procedural legislation formulae, offering the possible ways of their improvement. This research is one of the first scientific works, devoted to the legal status of the prosecutor, involved in administrative proceedings. 

Keywords: administrative bill of complaint, administrative proceedings, administrative case, protection of rights of citizens, category of cases, general public, prosecutor, public interest, general jurisdiction court