DOI: 10.7256/2454-0595.2016.4.16418

Abstract: A continuing professional education in the sphere of public service is a key factor of an administrative reform, and is central to the system of personnel training for public administration. The research subject includes various aspects of employment education and skills improvement of public servants. The author attempts at studying the legal framework regulating the sphere of employment education of public servants and revealing the gaps in the legal regulation of this sphere. The research methodology is based on the dialectical research method. The author applies the methods of analysis, analogy and legal provisions studying. The author detects the gaps and collisions in legal regulation of the sphere of a continuing professional education of public servants. On the base of the analysis of the legal base and law enforcement practice, the author offers the ways of eliminating the existing legal gaps in the current legislation of the Russian Federation in this sphere. 

Keywords: programs of continuing education, training, skills improvement, occupational retraining, system of continuing education, state order, public servants, final state certification, official state documents, professionalism of public servants

DOI: 10.7256/2454-0595.2016.4.67624

Abstract: A continuing professional education in the sphere of public service is a key factor of an administrative reform, and is central to the system of personnel training for public administration. The research subject includes various aspects of employment education and skills improvement of public servants. The author attempts at studying the legal framework regulating the sphere of employment education of public servants and revealing the gaps in the legal regulation of this sphere. The research methodology is based on the dialectical research method. The author applies the methods of analysis, analogy and legal provisions studying. The author detects the gaps and collisions in legal regulation of the sphere of a continuing professional education of public servants. On the base of the analysis of the legal base and law enforcement practice, the author offers the ways of eliminating the existing legal gaps in the current legislation of the Russian Federation in this sphere. 

Keywords: programs of continuing education, training, skills improvement, occupational retraining, system of continuing education, state order, public servants, final state certification, official state documents, professionalism of public servants

DOI: 10.7256/2454-0595.2016.4.15736

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the Russian economy promotion. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The paper presents the author’s positions on the concept of state regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the state and the private sectors of the Russian economy. The author states the necessity to develop administrative-legal regulation of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and organizational guarantees of legality in the Russian economy. 

Keywords: measures, sector, state, administration, regulation, economy, promotion, entrepreneurship, property, business

DOI: 10.7256/2454-0595.2016.4.67625

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the Russian economy promotion. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The paper presents the author’s positions on the concept of state regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the state and the private sectors of the Russian economy. The author states the necessity to develop administrative-legal regulation of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and organizational guarantees of legality in the Russian economy. 

Keywords: measures, sector, state, administration, regulation, economy, promotion, entrepreneurship, property, business

DOI: 10.7256/2454-0595.2016.4.16350

Abstract: The research subject is the institution of administrative coercion, applied by customs authorities, its peculiarities, and topical theoretical and legal problems in this sphere. The author analyzes the scientific literature, devoted to the problem of administrative coercion, describes various opinions of the scholars about the essence of administrative coercion, the problem aspects of the work of customs authorities organization. These problems are caused, in the author’s opinion, by the variety of disputable and unresolved theoretical provisions of administrative coercion. The research methodology is based on the analysis of scientific literature and legal provisions. The author applies theoretical, general philosophical and traditional legal methods. The author analyzes the circumstances allowing concluding about the absence of a single scientists’ opinion about the key problems of the theory of administrative coercion. It is possible to consider administrative coercion, applied by customs authorities, as a topical scientific problem. Its solution is particularly important for the theory and the practice of the legal science. 

Keywords: problem, factors, content, characteristics, customs, administrative coercion, method, powers, peculiarities, measures

DOI: 10.7256/2454-0595.2016.4.67626

Abstract: The research subject is the institution of administrative coercion, applied by customs authorities, its peculiarities, and topical theoretical and legal problems in this sphere. The author analyzes the scientific literature, devoted to the problem of administrative coercion, describes various opinions of the scholars about the essence of administrative coercion, the problem aspects of the work of customs authorities organization. These problems are caused, in the author’s opinion, by the variety of disputable and unresolved theoretical provisions of administrative coercion. The research methodology is based on the analysis of scientific literature and legal provisions. The author applies theoretical, general philosophical and traditional legal methods. The author analyzes the circumstances allowing concluding about the absence of a single scientists’ opinion about the key problems of the theory of administrative coercion. It is possible to consider administrative coercion, applied by customs authorities, as a topical scientific problem. Its solution is particularly important for the theory and the practice of the legal science. 

Keywords: problem, factors, content, characteristics, customs, administrative coercion, method, powers, peculiarities, measures

DOI: 10.7256/2454-0595.2016.4.16843

Abstract: The research object is the institution of disciplinary liability of public officers of the Russian Federation and the related category “service delictness”, which, in spite of its theoretical and practical importance for the public service system improvement, hasn’t been sufficiently justified and studied within the framework of the legal science. The research subject is legal regulation of the system of public administration and public service in the Russian Federation, and the statistical data serving as a basis for the conclusion about the growth of service delictness within the system of public service, thus conditioning the need for the use of a system and a balanced approach when developing and implementing the concept of disciplinary policy in public administration, which is the direction of public service development. The research methodology is based on the dialectical principles of the system approach to the analysis of processes and phenomena and the universal linkage and development. On the base of the study the author substantiates the necessity to form the concept of a common disciplinary policy within the public service system of the Russian Federation, defines the system approaches to its implementation, reveals the essence of the scientific category “service delictness”, establishes the link between service delictness and disciplinary policy within the public service system of the Russian Federation. 

Keywords: public administration, public service, disciplinary liability, legal policy, disciplinary policy, administrative delictness, service delictness, service and disciplinary delicts, disciplinary sanction, service legal relations

DOI: 10.7256/2454-0595.2016.4.67627

Abstract: The research object is the institution of disciplinary liability of public officers of the Russian Federation and the related category “service delictness”, which, in spite of its theoretical and practical importance for the public service system improvement, hasn’t been sufficiently justified and studied within the framework of the legal science. The research subject is legal regulation of the system of public administration and public service in the Russian Federation, and the statistical data serving as a basis for the conclusion about the growth of service delictness within the system of public service, thus conditioning the need for the use of a system and a balanced approach when developing and implementing the concept of disciplinary policy in public administration, which is the direction of public service development. The research methodology is based on the dialectical principles of the system approach to the analysis of processes and phenomena and the universal linkage and development. On the base of the study the author substantiates the necessity to form the concept of a common disciplinary policy within the public service system of the Russian Federation, defines the system approaches to its implementation, reveals the essence of the scientific category “service delictness”, establishes the link between service delictness and disciplinary policy within the public service system of the Russian Federation. 

Keywords: public administration, public service, disciplinary liability, legal policy, disciplinary policy, administrative delictness, service delictness, service and disciplinary delicts, disciplinary sanction, service legal relations

DOI: 10.7256/2454-0595.2016.4.16990

Abstract: The research object is the range of social relations in the sphere of residence registration of the citizens of the Russian Federation and administrative liability for the absence of the residence registration in the living accommodation. The research subject covers the provisions of the article 19.15.1 of the Code of Administrative Offences of the Russian Federation, and the provisions of the Constitution of the Russian Federation and the Federal Law of 25 June 1993 ¹ 5242-1 (version of 31 December 2014) “On the right of citizens of the Russian Federation to the freedom of movement and residence within the territory of the Russian Federation”. The leading research method is the dialectical approach together with the critical vision of the gaps and the drawbacks of the legislation in the sphere of registration, and the liability for its violation. The author offers to limit administrative liability for residing without a registration, and to impose it only on the potentially dangerous citizens of the Russian Federation. The residence registration and the liability for its absence should be abolished for law-abiding citizens. The necessity to have a residence registration for law-abiding citizens hampers the implementation of the right to the freedom of movement and residence. The residence registration should be obligatory for the citizens having a criminal record for intentional crimes, having asocial way of life, registered in narcological or psychoneurologic dispensaries, or other socially dangerous persons. 

Keywords: registration, registration, living accomodation, residence, administrative offence, administrative liability, in-migration, object, objective side, subjective side

DOI: 10.7256/2454-0595.2016.4.67628

Abstract: The research object is the range of social relations in the sphere of residence registration of the citizens of the Russian Federation and administrative liability for the absence of the residence registration in the living accommodation. The research subject covers the provisions of the article 19.15.1 of the Code of Administrative Offences of the Russian Federation, and the provisions of the Constitution of the Russian Federation and the Federal Law of 25 June 1993 ¹ 5242-1 (version of 31 December 2014) “On the right of citizens of the Russian Federation to the freedom of movement and residence within the territory of the Russian Federation”. The leading research method is the dialectical approach together with the critical vision of the gaps and the drawbacks of the legislation in the sphere of registration, and the liability for its violation. The author offers to limit administrative liability for residing without a registration, and to impose it only on the potentially dangerous citizens of the Russian Federation. The residence registration and the liability for its absence should be abolished for law-abiding citizens. The necessity to have a residence registration for law-abiding citizens hampers the implementation of the right to the freedom of movement and residence. The residence registration should be obligatory for the citizens having a criminal record for intentional crimes, having asocial way of life, registered in narcological or psychoneurologic dispensaries, or other socially dangerous persons. 

Keywords: registration, registration, living accomodation, residence, administrative offence, administrative liability, in-migration, object, objective side, subjective side

DOI: 10.7256/2454-0595.2016.4.16725

Abstract: The research object covers social relations arising in the process of exercise of powers by executive authorities. The research subject is the range of legal norms defining the discretionary powers of the officials. The authors analyze the discretionary authorities in the process of executive decision-making as a possible corruption element of such decisions. Special attention is paid to the authors’ position on the essence of this legal category. The authors state that discretionary powers become a factor, provoking the improper behavior (including the cases of bribery) of an official, when its limits are not clearly defined, or the criteria of its application are absent. The research methodology comprises general scientific methods (dialectics, analysis synthesis), and special methods (technical, system-structural, and comparative-legal). They allow carrying out a comprehensive and complex analysis of the research subject, formulate theoretical generalizations, offer practical recommendations, and formulate the conclusions. The dialectical approach was largely applied for the analysis of the contradictory character of a managerial discretion. The authors conclude that the exercise of executive function, like any other governmental function, is not possible without a certain space for a free discretion (administrative discretion); the existence of discretionary powers presupposes the freedom of discretion of an official within the legal framework; in the authors’ opinion, discretionary powers should be considered as a specific form of law enforcement activity. It shouldn’t be the matter of a radical elimination of law enforcement discretion, but the matter of development and legal consolidation of the criteria of a proper exercise of such powers. 

Keywords: corruption, discretionary powers, executive authority, discretion, exercise, organization, accretion of power, powers, argument, legislator

DOI: 10.7256/2454-0595.2016.4.67629

Abstract: The research object covers social relations arising in the process of exercise of powers by executive authorities. The research subject is the range of legal norms defining the discretionary powers of the officials. The authors analyze the discretionary authorities in the process of executive decision-making as a possible corruption element of such decisions. Special attention is paid to the authors’ position on the essence of this legal category. The authors state that discretionary powers become a factor, provoking the improper behavior (including the cases of bribery) of an official, when its limits are not clearly defined, or the criteria of its application are absent. The research methodology comprises general scientific methods (dialectics, analysis synthesis), and special methods (technical, system-structural, and comparative-legal). They allow carrying out a comprehensive and complex analysis of the research subject, formulate theoretical generalizations, offer practical recommendations, and formulate the conclusions. The dialectical approach was largely applied for the analysis of the contradictory character of a managerial discretion. The authors conclude that the exercise of executive function, like any other governmental function, is not possible without a certain space for a free discretion (administrative discretion); the existence of discretionary powers presupposes the freedom of discretion of an official within the legal framework; in the authors’ opinion, discretionary powers should be considered as a specific form of law enforcement activity. It shouldn’t be the matter of a radical elimination of law enforcement discretion, but the matter of development and legal consolidation of the criteria of a proper exercise of such powers. 

Keywords: corruption, discretionary powers, executive authority, discretion, exercise, organization, accretion of power, powers, argument, legislator

DOI: 10.7256/2454-0595.2016.4.16881

Abstract: The research subject is the analysis of the current legislation regulating the legal status of federal executive authorities, and the analysis of the existing approaches to defining their essence, functions and responsibilities. The methodology of systematizing functions and responsibilities will serve as a basis for the development of classification models for the functions and responsibilities of executive authorities and the methodology of their preparation and processing. The need for the classifier of functions and responsibilities of executive authorities is determined by the purposes of optimization of public (municipal) administration in the respective spheres and a qualitative improvement of the procedures of interaction between the state and physical and legal entities. The research methodology is based on the recent achievements of epistemology. The authors apply general scientific and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), the methods of segmentation, classification, and correlation, and the comparative method. The authors conclude that it is necessary to correlate the departmental functions and the private (specific) responsibilities of executive authorities by means of the correlation method based on the paradigm admitting the universalism of private (specific) functions for the sectoral (departmental) functions of executive authorities. The authors develop the methodology of systematizing the functions and responsibilities of federal executive authorities and the methodology of preparation and processing the classifier of functions and responsibilities of the executive agency for the purpose of optimizing the public (municipal) administration in the respective spheres and a qualitative improvement of the procedures of interaction between the state and physical and legal entities.  

Keywords: administration, management, subjects of administration, executive authority, systematization, function, responsibilities, methodology, classifier, modern information technologies

DOI: 10.7256/2454-0595.2016.4.67630

Abstract: The research subject is the analysis of the current legislation regulating the legal status of federal executive authorities, and the analysis of the existing approaches to defining their essence, functions and responsibilities. The methodology of systematizing functions and responsibilities will serve as a basis for the development of classification models for the functions and responsibilities of executive authorities and the methodology of their preparation and processing. The need for the classifier of functions and responsibilities of executive authorities is determined by the purposes of optimization of public (municipal) administration in the respective spheres and a qualitative improvement of the procedures of interaction between the state and physical and legal entities. The research methodology is based on the recent achievements of epistemology. The authors apply general scientific and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), the methods of segmentation, classification, and correlation, and the comparative method. The authors conclude that it is necessary to correlate the departmental functions and the private (specific) responsibilities of executive authorities by means of the correlation method based on the paradigm admitting the universalism of private (specific) functions for the sectoral (departmental) functions of executive authorities. The authors develop the methodology of systematizing the functions and responsibilities of federal executive authorities and the methodology of preparation and processing the classifier of functions and responsibilities of the executive agency for the purpose of optimizing the public (municipal) administration in the respective spheres and a qualitative improvement of the procedures of interaction between the state and physical and legal entities.  

Keywords: administration, management, subjects of administration, executive authority, systematization, function, responsibilities, methodology, classifier, modern information technologies

DOI: 10.7256/2454-0595.2016.4.18468

Abstract: The research subject is the range of legal and organizational problems of forming and using the reserve fund. The author considers the order and the practice of budget appropriations allocation. The author analyzes the concepts of legal regulation of financial relations connected with the order of forming and using the reserve fund. The paper considers the intended use of the reserve funds of the Government of the Russian Federation. Special attention is paid to the problem of the reserve fund expenditures. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of public finance, it is necessary to improve forms and methods of budget regulation. The author proclaims the necessity to develop legal regulation of budget regulation. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of financial relations. 

Keywords: appropriations, formation, income, expenditures, reserve, budget, Fund, government, grant, practice

DOI: 10.7256/2454-0595.2016.4.67631

Abstract: The research subject is the range of legal and organizational problems of forming and using the reserve fund. The author considers the order and the practice of budget appropriations allocation. The author analyzes the concepts of legal regulation of financial relations connected with the order of forming and using the reserve fund. The paper considers the intended use of the reserve funds of the Government of the Russian Federation. Special attention is paid to the problem of the reserve fund expenditures. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of public finance, it is necessary to improve forms and methods of budget regulation. The author proclaims the necessity to develop legal regulation of budget regulation. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of financial relations. 

Keywords: appropriations, formation, income, expenditures, reserve, budget, Fund, government, grant, practice

DOI: 10.7256/2454-0595.2016.4.16742

Abstract: The research subject is the stage of initiation of an administrative case. The research object is a pretest of information containing the essential elements of an administrative offence. The author considers such aspects of the topic as the stage of the pretest of information about the committed administrative offence and the order of activities of the subjects of administrative jurisdiction in this situation. Special attention is paid to the meaning of the elements of an administrative offence at the moment of deciding about the essence of the pretest of information containing the essential elements of an administrative offence. The author applies the methods of empirical, experimental-theoretical, and theoretical levels, i.e. comparison, generalization, analysis and synthesis, analogy, interviewing, and the logical method. The author comes to the following conclusions: the provisions of particular departmental statutory instruments, related to the order of consideration of reports and requests about administrative offences, contradict the provisions of the Code of Administrative Offences of the Russian Federation; there exists a legal gap hampering the definition of the period of duration of a pretest of actions (inactions) of persons for the purpose of detecting the essential elements of an administrative offence; an administrative case can be initiated, provided that there is a legal reason and information related to an objective side of the elements of an administrative offence, including the object and the objective side, but most factors, defining the moment when an administrative case is initiated, require the presence of a subject of an administrative offence. The scientific novelty lies in the study of changes in the legislation concerning the proceedings on the stage of an administrative case initiation.  

Keywords: administrative proceedings, elements of an administrative offences, reports and requests, pretest stage, instruction, response time, procedure of requests consideration, limitation period, parties of the proceedings, procedure

DOI: 10.7256/2454-0595.2016.4.67632

Abstract: The research subject is the stage of initiation of an administrative case. The research object is a pretest of information containing the essential elements of an administrative offence. The author considers such aspects of the topic as the stage of the pretest of information about the committed administrative offence and the order of activities of the subjects of administrative jurisdiction in this situation. Special attention is paid to the meaning of the elements of an administrative offence at the moment of deciding about the essence of the pretest of information containing the essential elements of an administrative offence. The author applies the methods of empirical, experimental-theoretical, and theoretical levels, i.e. comparison, generalization, analysis and synthesis, analogy, interviewing, and the logical method. The author comes to the following conclusions: the provisions of particular departmental statutory instruments, related to the order of consideration of reports and requests about administrative offences, contradict the provisions of the Code of Administrative Offences of the Russian Federation; there exists a legal gap hampering the definition of the period of duration of a pretest of actions (inactions) of persons for the purpose of detecting the essential elements of an administrative offence; an administrative case can be initiated, provided that there is a legal reason and information related to an objective side of the elements of an administrative offence, including the object and the objective side, but most factors, defining the moment when an administrative case is initiated, require the presence of a subject of an administrative offence. The scientific novelty lies in the study of changes in the legislation concerning the proceedings on the stage of an administrative case initiation.  

Keywords: administrative proceedings, elements of an administrative offences, reports and requests, pretest stage, instruction, response time, procedure of requests consideration, limitation period, parties of the proceedings, procedure

DOI: 10.7256/2454-0595.2016.4.18299

Abstract: The paper contains the analysis of the foreign experience of normative consolidation of the possibility to consider the cases of recourse against decisions, actions, or inactions of administrative bodies, related to the claims for indemnification, within administrative proceedings. The author studies the cases of Argentina, Armenia, Bulgaria, Georgia, India, Spain, Italy, China, Latvia, Lithuania, Portugal, Ukraine, France, Switzerland, and Estonia, and comes to the conclusion the most of them use the provision allowing considering the claims for indemnification for damage caused by decisions, actions, or inactions of administrative bodies or authorities together with the cases about declaring them illegal, i.e. within the same administrative process. The methodology is based on the methods of analysis and synthesis, the system and comparative-legal methods. The author analyzes the statutory instruments of foreign states and comes to the conclusion about the necessity to amend the Administrative Court Procedure Code of the Russian Federation with the provisions stipulating the possibility to consider the claims for indemnification of damage caused by the disputed decisions, actions, or inactions in the sphere of administrative or other public legal relations within administrative proceedings. 

Keywords: Administrative Court Procedure Code of the Russian, compensation of harm, foreign experience, administrative proceedings, Argentina, Armenia, Bulgaria, Georgia, Spain, France

DOI: 10.7256/2454-0595.2016.4.67633

Abstract: The paper contains the analysis of the foreign experience of normative consolidation of the possibility to consider the cases of recourse against decisions, actions, or inactions of administrative bodies, related to the claims for indemnification, within administrative proceedings. The author studies the cases of Argentina, Armenia, Bulgaria, Georgia, India, Spain, Italy, China, Latvia, Lithuania, Portugal, Ukraine, France, Switzerland, and Estonia, and comes to the conclusion the most of them use the provision allowing considering the claims for indemnification for damage caused by decisions, actions, or inactions of administrative bodies or authorities together with the cases about declaring them illegal, i.e. within the same administrative process. The methodology is based on the methods of analysis and synthesis, the system and comparative-legal methods. The author analyzes the statutory instruments of foreign states and comes to the conclusion about the necessity to amend the Administrative Court Procedure Code of the Russian Federation with the provisions stipulating the possibility to consider the claims for indemnification of damage caused by the disputed decisions, actions, or inactions in the sphere of administrative or other public legal relations within administrative proceedings. 

Keywords: Administrative Court Procedure Code of the Russian, compensation of harm, foreign experience, administrative proceedings, Argentina, Armenia, Bulgaria, Georgia, Spain, France

DOI: 10.7256/2454-0595.2016.4.16931

Abstract: The research object of the set of relations connected with the development of investment activities in the Republic of Crimea. The research subject is the system of statutory instruments regulating the mechanism of establishment and application of investment activities development instruments provided by the restored free economic zone institution. The result of the study is the conceptual model of investment activities development in the Republic of Crimea with the help of the free economic zone. The model is a system description of an imitation form of public administration in the sphere of the free economic zone development on the territory of the Republic of Crimea. The main purpose of the Model establishment is the provision of a comprehensive integration of the region in the system of a single legal platform for a complex functioning of the free economic zone on its territory. The research methodology comprises the dialectical method and the related general and specific methods (the system and evolutional approaches, comparative-legal analysis, the method of modeling structural-logical and functional algorithms). The authors analyze the institutions of a special economic zone and a free economic zone, and propose the conceptual model of investment activities development in the Republic of Crimea. The proposed mechanisms of investment activities intensification can be used by the companies for output product increase, improvement of logistic sphere, and optimization of tax and customs payment flows. The implementation of the authors’ proposals about amending the statutory instruments of the Russian Federation will give the opportunity to use them in the work of the supervisory bodies thus simplifying the work of enterprises and making it more transparent, increasing the investors’ interest in their presence on the territory of the Republic of Crimea. 

Keywords: development of legislation, entrepreneurial regime , investment attractiveness, special economic zone, free economic zone, economic growth, preferential conditions, customs privilege, infrastructure, public administration

DOI: 10.7256/2454-0595.2016.4.67634

Abstract: The research object of the set of relations connected with the development of investment activities in the Republic of Crimea. The research subject is the system of statutory instruments regulating the mechanism of establishment and application of investment activities development instruments provided by the restored free economic zone institution. The result of the study is the conceptual model of investment activities development in the Republic of Crimea with the help of the free economic zone. The model is a system description of an imitation form of public administration in the sphere of the free economic zone development on the territory of the Republic of Crimea. The main purpose of the Model establishment is the provision of a comprehensive integration of the region in the system of a single legal platform for a complex functioning of the free economic zone on its territory. The research methodology comprises the dialectical method and the related general and specific methods (the system and evolutional approaches, comparative-legal analysis, the method of modeling structural-logical and functional algorithms). The authors analyze the institutions of a special economic zone and a free economic zone, and propose the conceptual model of investment activities development in the Republic of Crimea. The proposed mechanisms of investment activities intensification can be used by the companies for output product increase, improvement of logistic sphere, and optimization of tax and customs payment flows. The implementation of the authors’ proposals about amending the statutory instruments of the Russian Federation will give the opportunity to use them in the work of the supervisory bodies thus simplifying the work of enterprises and making it more transparent, increasing the investors’ interest in their presence on the territory of the Republic of Crimea. 

Keywords: development of legislation, entrepreneurial regime, investment attractiveness, special economic zone, free economic zone, economic growth, preferential conditions, customs privilege, infrastructure, public administration

DOI: 10.7256/2454-0595.2016.4.16401

Abstract: The research object is criminality as a negative socio-legal phenomenon. The research subject is anti-corruption monitoring on the regional level and the problems of its regulation and implementation. The author considers and analyzes the study of Professor P.A. Kabanov published in 2015, his theoretical and practical suggestions based on the analysis of the wide range of materials. The author applies the system method to analyze criminality, corruption, and the related negative socio-legal phenomena, and the comparative, historical methods, analysis and synthesis. The author concludes about the possibility and reasonability of use of the approaches to assessing corruption, its reasons, and criminality monitoring effectiveness in general and its particular types, and the system assessment of the condition of the national and public security, including social tension, proposed by P.Kabanov. At present, it is impossible to evaluate the effectiveness of the measures taken or proposed in the sphere of criminality and corruption prevention without these approaches. 

Keywords: corruption, anti-corruption monitoring, criminality prevention, system approach, corruption consequences , social tension, anti-corruption monitoring objects, reasons of corruption, anti-corruption monitoring subjects, regional legislation

DOI: 10.7256/2454-0595.2016.4.67635

Abstract: The research object is criminality as a negative socio-legal phenomenon. The research subject is anti-corruption monitoring on the regional level and the problems of its regulation and implementation. The author considers and analyzes the study of Professor P.A. Kabanov published in 2015, his theoretical and practical suggestions based on the analysis of the wide range of materials. The author applies the system method to analyze criminality, corruption, and the related negative socio-legal phenomena, and the comparative, historical methods, analysis and synthesis. The author concludes about the possibility and reasonability of use of the approaches to assessing corruption, its reasons, and criminality monitoring effectiveness in general and its particular types, and the system assessment of the condition of the national and public security, including social tension, proposed by P.Kabanov. At present, it is impossible to evaluate the effectiveness of the measures taken or proposed in the sphere of criminality and corruption prevention without these approaches. 

Keywords: corruption, anti-corruption monitoring, criminality prevention, system approach, corruption consequences, social tension, anti-corruption monitoring objects, reasons of corruption, anti-corruption monitoring subjects, regional legislation

DOI: 10.7256/2454-0595.2016.4.16808

Abstract: The author considers the fundamental sources of public-legal regulation of the cultural sphere, which regulate the relations in the sphere of preservation and development of culture in the Russian Federation, establish legal, organizational, economic, and social grounds of activities in this sphere. Administrative-legal regulation of relations in the sphere of culture and art is based on the provisions of the Constitution of the Russian Federation and is realized by the national legislation including federal laws and other statutory instruments of the Russian Federation. The author attempts at covering all the range of sources of administrative-legal regulation of culture. The main research method is the method of analysis of the fundamental sources of administrative-legal regulation of culture which regulate the relations in the sphere of culture in the Russian Federation and establish the legal, organizational, economic and social grounds of activity in this sphere. The author touches upon all the recent changes of and amendments to the legislation related to the cultural sphere. The author analyzes the work of the Ministry of Culture and its tasks for 2015. The author detects the existing problems of this sphere and comes to the conclusion about the degree of implementation of these tasks, the ways of the normative-legal base improvement in the sphere of culture, and the prospects of its further development. 

Keywords: culture, cultural policy, administrative-legal regulation, relations in the cultural sphere, legislation of the Russian Federation, sources of administrative-legal regulation, statutory instruments, Ministry of Culture of the Russian Federation, legal grounds, national priorities in tourism

DOI: 10.7256/2454-0595.2016.4.67636

Abstract: The author considers the fundamental sources of public-legal regulation of the cultural sphere, which regulate the relations in the sphere of preservation and development of culture in the Russian Federation, establish legal, organizational, economic, and social grounds of activities in this sphere. Administrative-legal regulation of relations in the sphere of culture and art is based on the provisions of the Constitution of the Russian Federation and is realized by the national legislation including federal laws and other statutory instruments of the Russian Federation. The author attempts at covering all the range of sources of administrative-legal regulation of culture. The main research method is the method of analysis of the fundamental sources of administrative-legal regulation of culture which regulate the relations in the sphere of culture in the Russian Federation and establish the legal, organizational, economic and social grounds of activity in this sphere. The author touches upon all the recent changes of and amendments to the legislation related to the cultural sphere. The author analyzes the work of the Ministry of Culture and its tasks for 2015. The author detects the existing problems of this sphere and comes to the conclusion about the degree of implementation of these tasks, the ways of the normative-legal base improvement in the sphere of culture, and the prospects of its further development. 

Keywords: culture, cultural policy, administrative-legal regulation, relations in the cultural sphere, legislation of the Russian Federation, sources of administrative-legal regulation, statutory instruments, Ministry of Culture of the Russian Federation, legal grounds, national priorities in tourism