Abstract: The research object is the range of social relations in the sphere of organization and holding of public events in the Russian Federation. The research subject includes the conceptual grounds of administrative-legal regulation of public events. The author considers the peculiarities of the system of administrative-legal regulation of public events, of the mechanism of such regulation, and its stages. Special attention is paid to the comparison with administrative-legal regulation in general, gives the examples of such elements of the system of administrative-legal regulation as administrative-legal provisions, and the examples of administrative-legal relations. The author applies general scientific methods including logical and system-structural, and special methods (method of legal science), including modeling. The author concludes that administrative-legal regulation of public events is a purposeful ordering of management relations and imposition of administrative responsibility in organization, holding and attendance of public events. The conceptual framework of this regulation is its system, mechanism and stages. The reform of this framework will improve administrative-legal regulation of public events in general.

Keywords: public events, demonstration, picketing, procession, meeting, meeting, public events, administrative-legal regulation, legal regulation, administrative law

DOI: 10.7256/2454-0595.2016.6.67902

Keywords: public events, demonstration, picketing, procession, meeting, meeting, public events, administrative-legal regulation, legal regulation, administrative law

DOI: 10.7256/2454-0595.2016.6.18890

Abstract: The research subject is the range of legal and law enforcement problems of government control (supervision) and municipal control over entrepreneurial activities. The author analyzes legal regulation of this sphere of social relations, its importance and effectiveness. The main attention is paid to the problem of unification of the procedure of government control (supervision), municipal control and the role of the Federal Law “On the protection of rights of legal entities and self-employed persons upon the realization of government and municipal control (supervision)”. Besides, the author carries out theoretical and legal analysis of the concepts of “interaction” of supervisory bodies, legal entities and self-employed persons and “market manipulation”. The article demonstrates the author’s positions on the interpretation of these categories. The research methodology comprises the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logical). The author concludes that at present there is no uniform legal basis for the activities of supervisory bodies, and there is no framework vector of its development. The main contribution of the author is the proposals about the improvement of legal regulation of the relations under consideration. The novelty of the study consists in the proposals about amending the text of the Federal Law “On the protection of rights of legal entities and self-employed persons upon the realization of government and municipal control (supervision)” with the procedure of pre-trial appeal of decisions, actions (inactions) of supervisory bodies with account for the particularities of this form of activity of public and municipal authorities. The article demonstrates the author’s position on the interpretation of the concepts of “interaction” of supervisory bodies, legal entities and self-employed persons and “market manipulation”

Keywords: legal regulation, municipal control, legal entity, federal law, protection of rights, responsibility, legislation, business entity, self-employed person, public control (supervision)

DOI: 10.7256/2454-0595.2016.6.67903

Keywords: legal regulation, municipal control, legal entity, federal law, protection of rights, responsibility, legislation, business entity, self-employed person, public control (supervision)

DOI: 10.7256/2454-0595.2016.6.16359

Abstract: The research subject is the institution of administrative coercion and the scientific literature allowing characterizing administrative coercion as a form of legal coercion by the state. The research object covers social relations emerging upon the application of administrative coercion by the authorized public bodies. The article describes the state coercion system and the role of administrative coercion; presents the opinions of scholars about the essence of administrative coercion; analyzes the peculiarities of this legal institution, defines its attributes, formulates the notion, and describes its purposes, grounds, and essence. The research methodology is based on the set of general scientific and special methods of cognition (formal-legal, analytical, normative-logical, system, etc.). The author concludes that administrative coercion is a form of legal coercion by the state which is the method of public management applied, as a rule, by the authorized bodies; the form of the coercive measures established by the provisions of administrative law and aimed at the provision of the discharge of legal obligations by persons who had committed illegal actions, or in the case of circumstances threatening social relations protected by the law.

Keywords: administrative coercion, notion, forms, attribute, purpose, ground, essence, features, specificity, measures

DOI: 10.7256/2454-0595.2016.6.67904

Keywords: administrative coercion, notion, forms, attribute, purpose, ground, essence, features, specificity, measures

DOI: 10.7256/2454-0595.2016.6.17888

Abstract: The research subject is the procedure and the problems of appeal against decisions, actions (inactions) of customs authorities of the Russian Federation. Based on the current legislation, the author outlines the following aspects of the institution of appeal in the customs practice: correlation between the departmental and judicial procedure of appeal; the advantages of the departmental procedure of appeal; persons authorized with the right to appeal against decisions, actions (inactions) of customs authorities; the compulsory requirements to the appeal; the problems of appeal and the simplified procedure of appeal. The author applies the method of analysis of statutory instruments and scientific literature, the comparative-legal methods and the method of generalization of data. The author comes to the following conclusions: the procedure of appeal against decisions, actions (inactions) of customs authorities or their officials can be implemented according to the administrative and (or) judicial procedure. Administrative (departmental) procedure has certain advantages and is actively used by the participants of foreign economic activities and other interested parties. The author outlines the directions of appeal and the problems of law enforcement practice.

Keywords: authorisation, Federal Customs Service of the Russian Federation, consideration of an appeal, simplified procedure, right to protection, administrative code, customs legislation, terms, appeal, customs authorities

DOI: 10.7256/2454-0595.2016.6.67905

DOI: 10.7256/2454-0595.2016.6.19336

Abstract: The research subject is the analysis of the statutory base of government control (supervision) implementation by the authorized bodies of state power. This sphere of public administration unfairly lacks attention of the prosecution bodies of the Russian Federation carrying out supervision over the legality of the control (supervision) of the authorized bodies of state power over local authorities and their officials. The established judicial practice neither furthers the uniform interpretation of the order of implementation of the article 77 of the Federal Law of 06.10.2003 No 131. The author applies the set of methods: the system, comparative-legal, statistical, formal-logical and others. The author detects the unfair attempts of particular bodies of state power, authorized in the sphere of control and supervision, to exclude the profile form of control and supervision from the scope of the article 77 of the Federal law of 6.10.2003 No 131 “On the fundamentals of organization of local authorities in the Russian Federation”.

Keywords: the European Charter, subordinate rulemaking, judicial practice, the Prosecutor's office of the Russian Federation, officials, local authorities, The Constitution of the Russian Federation, government control, protection of local self-government, presidential commission

DOI: 10.7256/2454-0595.2016.6.67906

Keywords: the European Charter, subordinate rulemaking, judicial practice, officials, local authorities, The Constitution of the Russian Federation, government control, protection of local self-government, presidential commission

DOI: 10.7256/2454-0595.2016.6.19529

Abstract: The research object is the scientific monograph by I.V. Ponkin “The Theory of Public Management Deviance Study: Uncertainties, Risks, Drawbacks, Malfunctions, and Failures of Public Management”, Moscow, 2016. The author of the review studies the mentioned scientific monograph from the position of the relevance (compliance with the expectations about applicability) of the complex scientific model proposed in the monograph. The reviewer links the content of the monograph with the projects of transformation of the existing Russian public management model into the model of “project-oriented public management”, recently articulated by the liberal economists. The research methodology is conditioned by the purposes of scientific reviewing and includes the methods of analysis, induction and deduction, and the method of prognostic modeling (in terms of the relevance check). The reviewer concludes about the high level of topicality, scientific novelty and practical value of the monograph and the proposed scientific theory.

Keywords: imbalance, system failure, oriented management, scientific theory, reform, relevance, failure, malfunction, public management, deviance study theory

DOI: 10.7256/2454-0595.2016.6.67907

Keywords: imbalance, system failure, oriented management, scientific theory, reform, relevance, failure, malfunction, public management, deviance study theory

DOI: 10.7256/2454-0595.2016.6.17333

Abstract: The paper studies labor relations of persons with disabilities. In the context of formation of the information society in Russia, the author suggests developing distance labor relations of persons with disabilities. Based on the analysis of the provisions of labor law related to distance work and the legislation regulating the issues of labor of persons with disabilities, the author offers the measures aimed at regulating distance labor relations of persons with disabilities in the context of the information society formation. The research methodology is based on the recent achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling) and traditional legal methods. The paper enumerates the measures aimed at the regulation of distance labor relationship of persons with disabilities. The author offers amending the Labor Code of the Russian Federation and the Law “On social protection of persons with disabilities in the Russian Federation” with the provisions regulating social issues of labor of remote employees – persons with disabilities, and changing the recommended list of professions for persons with disabilities.

Keywords: work place, labor conditions, alternative technologies, remote employees, information society , development concept, disabilities, distance work, labor relations, informatization

DOI: 10.7256/2454-0595.2016.6.67908

Keywords: work place, labor conditions, alternative technologies, remote employees, information society, development concept, disabilities, distance work, labor relations, informatization

DOI: 10.7256/2454-0595.2016.6.19411

Abstract: The research subject includes the provisions of the existing legislation on the cultural heritage objects related to the protective zones of archaeological heritage. The research object includes social relations emerging in the process of defining, establishing and approving these protective zones and their appropriateness for the archaeological heritage objects. The author analyzes the changes which had taken place in the legislation under consideration and legal regulation of this issue in the regions of the Russian Federation, detects the existing problem and offers various ways of its solving. The author applies the set of general scientific methods including deduction, induction, analysis, synthesis, the historical and sociological methods, the method of comparative analysis. The novelty of the study consists in the fact that based on the historical and legal analysis of the current legislation and the logic of the established practice, the author analyzes the new provision of the federal law, and demonstrates its defects caused by the incorrect interpretation of the meaning of the legal institution by the representatives of the federal specialized body, and offers the concrete ways of changing or amending this law in order to solve the existing problem.

Keywords: interpretation of the provision, Ministry of Culture, archaeological supervision, protective zones project, temporary protective zones, protective zones, protective zones, archaeological monument, monument area, archaeological heritage object

DOI: 10.7256/2454-0595.2016.6.67909

DOI: 10.7256/2454-0595.2016.6.17540

Abstract: The research subject is the comparative-legal analysis of the structure, the purposes, and the subjects of legal regulation, the principles of the Code of administrative legal proceedings of the Russian Federation and the standard Euro-American code of administrative jurisdiction incorporating the foundations of administrative jurisdiction regardless of legal systems (Continental European and Latin-American). In Russia, since the soviet period, there exists the institution of administrative jurisdiction implemented mainly by virtue of the Code of Administrative Offences of the Russian Federation; since 15 September 2015, the Code of administrative legal proceedings of the Russian Federation is functioning, as well as the institution of administrative jurisdiction on the codified basis. In most modern democratic states the legislative provisions, related to the peculiarities of consideration of administrative cases through judicial (quasi-judicial) proceedings, are functioning. The study contains the author’s translation of the Euro-American standard code of administrative jurisdiction and the comparative-legal analysis of the institution of administrative jurisdiction, which is important for the improvement of administrative legal proceedings in the Russian Federation, including the possibility of normative consolidation of responsibility of the state and administrative bodies (executive bodies) and their officials for the violation of citizens’ rights in the sphere of public administration. The research methodology comprises the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis synthesis, analogy deduction, observation, modeling), traditional legal methods (formal logical), and the methods of special sociological research (statistical, expert assessments, etc.), and the comparative method. The author carries out the comparative analysis of the content, the structure and the register of administrative cases and principles of the standard Euro-American code of administrative jurisdiction and the code of administrative legal proceedings of the Russian Federation. The author concludes that it is necessary to use particular elements of the administrative jurisdiction model, contained in the Euro-American standard code of administrative jurisdiction, for the revival and development of effective judicial protection of the violated or contested rights, freedoms and interests of citizens and organizations resulting from administrative and other legal relationship in the modern Russian state. The novelty of the study consists in the conclusion about the possibility of legal impact of the Euro-American standard code on the improvement of the institution of administrative jurisdiction in the Russian Federation.

Keywords: transparency, judicial control, state officials, administrative cases, judicial protection of citizens, administrative legal proceedings, administrative proceedings, comparative administrative law, administrative jurisdiction, administrative justice

DOI: 10.7256/2454-0595.2016.6.67910

DOI: 10.7256/2454-0595.2016.6.19076

Abstract: The research subject includes the legal provisions regulating social relations in the sphere of currency circulation. The diversity of currency circulation forms form the viewpoint of law, as well as the necessity to create a uniform currency circulation system, determines the need for legal classifications of currency circulation forms. The modern legal approach to the classification of currency circulation forms is borrowed from economics, and means the division of currency circulation into cash turnover and non-cash transactions which don’t reflect the diversity of currency circulation from the position of law and don’t allow detecting its peculiarities. The research methodology is based on the dialectical method of scientific cognition of social, economic and legal phenomena in their interdependence and interconnection. The validity and sufficiency of the results is achieved through the complex use of the system-structural, comparative-legal, formal-legal and logical methods, as well as the method of description of notions, analysis, synthesis, generalization and other methods. The author concludes that currency circulation can be classified according to such factors as the form of objects of legal relationship in currency circulation, the functions performed by the objects of legal relationship in currency circulation, the subjects defining the beginning and the end of currency circulation, the legal interrelation of money as the object of legal relationship in currency circulation, and the nature of legal relationship in currency circulation. The author outlines the main peculiarities of currency circulation in the public finance sphere.

Keywords: cash equivalent, non-cash monetary means, electronic monetary means, issuer, lending agency, Central bank, state, public finance, money, currency circulation

DOI: 10.7256/2454-0595.2016.6.67911