DOI: 10.7256/2454-0595.2016.7.16358

Abstract: The research subject includes the legal provisions regulating the application of procedural measures by customs authorities, ensuring the proceedings on cases of customs violation and the work of customs authorities. The research object includes legal relationship emerging in the process of administrative coercion measures application by customs authorities. The author pays attention to the burning problems of administrative coercion measures application by customs authorities in the proceedings on cases of customs violation and offers the ways to solve them. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, normative-logic, etc.). The author outlines one of the topical problems of application of measures of the proceedings on administrative cases ensuring, restricting property and non-property rights and freedoms of persons and legal entities, applied by customs authorities – the application of such measures hasn’t been under registration yet. The author suggests introducing such a registration into the practice of customs authorities and providing the control over administrative measures application. 

Keywords: bringing to court, arrest, attachment, detention, conveyance, customs violation, measures of ensuring , inspection, examination, problems

DOI: 10.7256/2454-0595.2016.7.67942

Abstract: The research subject includes the legal provisions regulating the application of procedural measures by customs authorities, ensuring the proceedings on cases of customs violation and the work of customs authorities. The research object includes legal relationship emerging in the process of administrative coercion measures application by customs authorities. The author pays attention to the burning problems of administrative coercion measures application by customs authorities in the proceedings on cases of customs violation and offers the ways to solve them. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, normative-logic, etc.). The author outlines one of the topical problems of application of measures of the proceedings on administrative cases ensuring, restricting property and non-property rights and freedoms of persons and legal entities, applied by customs authorities – the application of such measures hasn’t been under registration yet. The author suggests introducing such a registration into the practice of customs authorities and providing the control over administrative measures application. 

Keywords: bringing to court, arrest, attachment, detention, conveyance, customs violation, measures of ensuring, inspection, examination, problems

DOI: 10.7256/2454-0595.2016.7.19637

Abstract: The article analyzes the changes in the legislation on public service related to the procedure of grating and the terms of annual vacation in the context of adoption of the Federal Law No 176 of 2 June 2016 “On amending the articles 45 and 46 of the Federal law “On public service in the Russian Federation”. The author studies not only the prerequisites of adoption of this law, but also the process of its discussion and adoption, and the consequences of its application. The author uses historical and formal legal methods which ensure the complex study of the evolution of the legislation on public service related to the conditions of annual vacations granting. The author reveals the peculiarities of changes of legal regulation of the process of public service, particularly, the version of the article 46, part 3 of the Federal Law No 79, establishing the common length of an annual paid basic leave – 30 calendar days, instead of the former differentiated approach. The author ascertains that the changes relating to an additional leave for a non-standard work day are conditioned by the necessity to introduce a legislative restriction of its length and to avoid the possibility of establishing excessively long terms of the additional leave for a non-standard work day by means of regulatory lawmaking. 

Keywords: public service system, public service reform, legal regulation, official schedule, social guarantees, non-standard work day, paid leave, public service, civil service , legislative process

DOI: 10.7256/2454-0595.2016.7.67943

Abstract: The article analyzes the changes in the legislation on public service related to the procedure of grating and the terms of annual vacation in the context of adoption of the Federal Law No 176 of 2 June 2016 “On amending the articles 45 and 46 of the Federal law “On public service in the Russian Federation”. The author studies not only the prerequisites of adoption of this law, but also the process of its discussion and adoption, and the consequences of its application. The author uses historical and formal legal methods which ensure the complex study of the evolution of the legislation on public service related to the conditions of annual vacations granting. The author reveals the peculiarities of changes of legal regulation of the process of public service, particularly, the version of the article 46, part 3 of the Federal Law No 79, establishing the common length of an annual paid basic leave – 30 calendar days, instead of the former differentiated approach. The author ascertains that the changes relating to an additional leave for a non-standard work day are conditioned by the necessity to introduce a legislative restriction of its length and to avoid the possibility of establishing excessively long terms of the additional leave for a non-standard work day by means of regulatory lawmaking. 

Keywords: public service system, public service reform, legal regulation, official schedule, social guarantees, non-standard work day, paid leave, public service, civil service, legislative process

DOI: 10.7256/2454-0595.2016.7.18020

Abstract: The research subject is the system of legal norms and institutions regulating market competition on the local level in Russia. The research object includes social relations emerging in the sphere of economic activity between economic entities and local authorities. The author considers the basic categories of the competition legislation. Theoretical conclusions of the study form a complex understanding of the constitutional and municipal regulation of competition in Russia and lay the groundwork for its further studying. The research methodology is based on general scientific and specific methods of social processes cognition. The author applies the system-structural, comparative-legal, historical, logical and formal-legal approaches. They help study the problem in interconnection, integrity, objectively and comprehensively. The author uses the principle of unity of theory and practice, analyzes the legal principles in interconnection with economic, political and other social relations. The author analyzes the legislation, regulating the authorities of local governments in the sphere of entrepreneurship, reveals the drawbacks of legal regulation in this sphere, and offers the possible directions of broadening of powers of local governments in the sphere of competition protection. In the author’s opinion, it is necessary to grant more autonomy to local governments in the sphere of competition protection by means of the subsidiarity principle in the distribution of authorities. 

Keywords: constitutional guaranteeing, constitutional regulation, municipal institutions, local budget, entrepreneurship , local authorities, subsidiarity principle, municipal law, reforming , market competition

DOI: 10.7256/2454-0595.2016.7.67944

Abstract: The research subject is the system of legal norms and institutions regulating market competition on the local level in Russia. The research object includes social relations emerging in the sphere of economic activity between economic entities and local authorities. The author considers the basic categories of the competition legislation. Theoretical conclusions of the study form a complex understanding of the constitutional and municipal regulation of competition in Russia and lay the groundwork for its further studying. The research methodology is based on general scientific and specific methods of social processes cognition. The author applies the system-structural, comparative-legal, historical, logical and formal-legal approaches. They help study the problem in interconnection, integrity, objectively and comprehensively. The author uses the principle of unity of theory and practice, analyzes the legal principles in interconnection with economic, political and other social relations. The author analyzes the legislation, regulating the authorities of local governments in the sphere of entrepreneurship, reveals the drawbacks of legal regulation in this sphere, and offers the possible directions of broadening of powers of local governments in the sphere of competition protection. In the author’s opinion, it is necessary to grant more autonomy to local governments in the sphere of competition protection by means of the subsidiarity principle in the distribution of authorities. 

Keywords: constitutional guaranteeing, constitutional regulation, municipal institutions, local budget, entrepreneurship, local authorities, subsidiarity principle, municipal law, reforming, market competition

DOI: 10.7256/2454-0595.2016.7.18031

Abstract: At the present time, the governments in such developed countries of Western Europe as France, and in the Russian Federation do everything they can for everyone to know and have the opportunity to claim the sufficient volume and quality of services from every particular level of authority. The research subject is the study of state and municipal services rendering and the subjects of rendering. The purpose of the research is to reveal the peculiarities of organization of state and municipal services rendering in France and in Russia and to offer the ways of the legislation improvement. The author applies comparative-legal, dialectical methods, analysis, synthesis, induction, deduction and dogmatic method, i.e. the study of the provisions of law, legislation and subordinate legislation with a further lexical and system interpretation. The author considers the “public service”, “government service”, “municipal service” concepts; outlines special subjects, rendering municipal services in France: a public institution (établissment public), a concessionary by an outsourcing agreement, a private company by affermage agreement, a public interest group (groupement de l'intérêt public). The author states the necessity to legislate commercial and non-commercial structures, which can be granted all the necessary authorities via outsourcing or affermage, as the subjects, rendering municipal services (this positive experience of delegation of powers in France should be taken into account in Russia when organizing services rendering). Based on the analysis of the subjects, rendering municipal services in Russia, the author detects the principles which the subject, delivering municipal services, should observe: - the priority of human and civil rights and freedoms; - professionalism and competence of persons delivering services; - linkage to a certain administration level (state, regional or local); - continuity of a service; - permanent adaptation. The results of the study can be used for a further improvement of federal legislation in the sphere of municipal services rendering, and as a basis for scholars’ opinions systematization. The author specifies the subjects, delivering municipal services ranging from public and local authorities to authorized private companies.

Keywords: intermunicipal cooperation, noncommercial partnership, associations , public interest group, outsourcing, affermage, public institution, state service , public service, municipal service

DOI: 10.7256/2454-0595.2016.7.67945

Abstract: At the present time, the governments in such developed countries of Western Europe as France, and in the Russian Federation do everything they can for everyone to know and have the opportunity to claim the sufficient volume and quality of services from every particular level of authority. The research subject is the study of state and municipal services rendering and the subjects of rendering. The purpose of the research is to reveal the peculiarities of organization of state and municipal services rendering in France and in Russia and to offer the ways of the legislation improvement. The author applies comparative-legal, dialectical methods, analysis, synthesis, induction, deduction and dogmatic method, i.e. the study of the provisions of law, legislation and subordinate legislation with a further lexical and system interpretation. The author considers the “public service”, “government service”, “municipal service” concepts; outlines special subjects, rendering municipal services in France: a public institution (établissment public), a concessionary by an outsourcing agreement, a private company by affermage agreement, a public interest group (groupement de l'intérêt public). The author states the necessity to legislate commercial and non-commercial structures, which can be granted all the necessary authorities via outsourcing or affermage, as the subjects, rendering municipal services (this positive experience of delegation of powers in France should be taken into account in Russia when organizing services rendering). Based on the analysis of the subjects, rendering municipal services in Russia, the author detects the principles which the subject, delivering municipal services, should observe: - the priority of human and civil rights and freedoms; - professionalism and competence of persons delivering services; - linkage to a certain administration level (state, regional or local); - continuity of a service; - permanent adaptation. The results of the study can be used for a further improvement of federal legislation in the sphere of municipal services rendering, and as a basis for scholars’ opinions systematization. The author specifies the subjects, delivering municipal services ranging from public and local authorities to authorized private companies.

Keywords: intermunicipal cooperation, noncommercial partnership, associations, public interest group, outsourcing, affermage, public institution, state service, public service, municipal service

DOI: 10.7256/2454-0595.2016.7.18148

Abstract: The research object includes the letters of executive authorities of the Russian Federation. The research subject is the study of the legal nature of letters of federal ministries, services and agencies, the definition of their distinguishing features and the practical problems of their implementation in various legal relations. Special attention is paid to theoretical aspects of letters (their peculiarities and differences from statutory acts), and the analysis of judicial practice related to their application. The author applies general scientific methods (the dialectical method, analysis, synthesis, the system approach), and specific methods (formal-legal and comparative-legal). The scientific novelty of the study consists in the first attempt to analyze the theoretical aspects of the legal essence of letters, since they haven’t been studied by the theory of law yet. Besides, the author studies the practical aspects of their application in the regulation of legal relationship. 

Keywords: justice, draft law, judicial authority, executive authority, judicial practice, lawmaking, governmental decrees , executive authorities, official letters, statutory instrument

DOI: 10.7256/2454-0595.2016.7.67946

Abstract: The research object includes the letters of executive authorities of the Russian Federation. The research subject is the study of the legal nature of letters of federal ministries, services and agencies, the definition of their distinguishing features and the practical problems of their implementation in various legal relations. Special attention is paid to theoretical aspects of letters (their peculiarities and differences from statutory acts), and the analysis of judicial practice related to their application. The author applies general scientific methods (the dialectical method, analysis, synthesis, the system approach), and specific methods (formal-legal and comparative-legal). The scientific novelty of the study consists in the first attempt to analyze the theoretical aspects of the legal essence of letters, since they haven’t been studied by the theory of law yet. Besides, the author studies the practical aspects of their application in the regulation of legal relationship. 

Keywords: justice, draft law, judicial authority, executive authority, judicial practice, lawmaking, governmental decrees, executive authorities, official letters, statutory instrument

DOI: 10.7256/2454-0595.2016.7.18070

Abstract: The paper is devoted to the study of the problems of administrative liability in the sphere of copyright and related rights protection, whose legal grounds are characterized by a certain internal inconsistence and need correction. The research subject is the set of general statutory instruments regulating the issues of copyright and related rights protection in the Russian Federation. The purpose of the research is the comparative-legal analysis of the provision of civil and administrative legislation in the mentioned sphere, and the development of the proposals about harmonization of the mentioned provisions. The research methodology is based on the dialectical method of scientific cognition, the formal-logical, comparative-legal, system and functional and other specific research methods. The author concludes that the provision about administrative liability in the sphere of copyright and related rights protection needs harmonization with civil legislation. The author formulates the proposals about introducing changes in administrative liability legislation which, in the author’s opinion, will promote improvement of the effectiveness of copyright and related rights administrative protection. 

Keywords: sound record, copies of works, information, related rights , copyright, exclusive rights, intellectual property rights, intellectual property, administrative liability, administrative coercion

DOI: 10.7256/2454-0595.2016.7.67947

Abstract: The paper is devoted to the study of the problems of administrative liability in the sphere of copyright and related rights protection, whose legal grounds are characterized by a certain internal inconsistence and need correction. The research subject is the set of general statutory instruments regulating the issues of copyright and related rights protection in the Russian Federation. The purpose of the research is the comparative-legal analysis of the provision of civil and administrative legislation in the mentioned sphere, and the development of the proposals about harmonization of the mentioned provisions. The research methodology is based on the dialectical method of scientific cognition, the formal-logical, comparative-legal, system and functional and other specific research methods. The author concludes that the provision about administrative liability in the sphere of copyright and related rights protection needs harmonization with civil legislation. The author formulates the proposals about introducing changes in administrative liability legislation which, in the author’s opinion, will promote improvement of the effectiveness of copyright and related rights administrative protection. 

Keywords: sound record, copies of works, information, related rights, copyright, exclusive rights, intellectual property rights, intellectual property, administrative liability, administrative coercion

DOI: 10.7256/2454-0595.2016.7.19578

Abstract: The article considers the issues of foreign construction companies’ membership in self-regulated organizations in the field of construction. The author analyzes the provisions of the current Russian legislation regulating relations in the field of a foreign organization’s admission to construction activity. The research subject includes the differences and similarities between qualification requirements, procedures and the status of self-regulated organizations of foreign construction organizations and residing organizations. The author pays attention to the issues of safety ensuring in construction via administrative public legal methods. The study is carried out from the position of administrative and entrepreneurial law, taking into account that the problem of self-regulation in safety ensuring is based on the combination of regulation by public-legal and civilized means. The author concludes that the foreign construction organizations’ legal status regulation in the Russian Federation is carried out primarily by substatutory acts and contains numerous gaps; still the self-regulated organization membership, from the point of law, doesn’t require the establishment of a branch or representational office in Russia. The current legal provisions, perhaps, indirectly restrict the right of foreign construction organizations’ permit to construction activities (general contract). 

Keywords: private international law, technologies, investments, safety, representational office, branch, foreign construction organizations, self-regulated organization, design, construction

DOI: 10.7256/2454-0595.2016.7.67948

Abstract: The article considers the issues of foreign construction companies’ membership in self-regulated organizations in the field of construction. The author analyzes the provisions of the current Russian legislation regulating relations in the field of a foreign organization’s admission to construction activity. The research subject includes the differences and similarities between qualification requirements, procedures and the status of self-regulated organizations of foreign construction organizations and residing organizations. The author pays attention to the issues of safety ensuring in construction via administrative public legal methods. The study is carried out from the position of administrative and entrepreneurial law, taking into account that the problem of self-regulation in safety ensuring is based on the combination of regulation by public-legal and civilized means. The author concludes that the foreign construction organizations’ legal status regulation in the Russian Federation is carried out primarily by substatutory acts and contains numerous gaps; still the self-regulated organization membership, from the point of law, doesn’t require the establishment of a branch or representational office in Russia. The current legal provisions, perhaps, indirectly restrict the right of foreign construction organizations’ permit to construction activities (general contract). 

Keywords: private international law, technologies, investments, safety, representational office, branch, foreign construction organizations, self-regulated organization, design, construction

DOI: 10.7256/2454-0595.2016.7.19586

Abstract: The author notes that in the context of achievements of the recent administrative reform, it is necessary to study the issues of supervisory activities harmonization. The author evaluates the attempt to develop and adopt the special federal law on supervisory activity which is currently being prepared by the Ministry of Economic Development of Russia. The author considers the adoption of this document unreasonable and concludes that it is necessary to continue the improvement of the existing federal law of 26 December 2008 No 294 “On the protection of rights of legal entities and entrepreneurs during state and municipal control”, whose potential hasn’t been exhausted. The author analyzes the practice of enforcement of the article 19.6.1 of the Administrative Offences Code of the Russian Federation and formulates the proposals about the improvement of the effectiveness of its provisions application. For the purpose of supervisory activities harmonization, the author suggests establishing the procedure of public substantiation of introduction and redistribution of supervisory functions of executive authorities. The author notes the necessity to introduce the procedure of public administrative consultations with the organizations of entrepreneurs regarding supervisory activities. The research methodology is based on the recent achievements in 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 research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the sphere of supervisory activity improvement, it is necessary to observe the legislation on supervisory activity; therefore, it is necessary to develop the legislation on supervisory activity. 

Keywords: regulation, special, offence, activities, government, form, supervision, control, act, monitoring

DOI: 10.7256/2454-0595.2016.7.67949

Abstract: The author notes that in the context of achievements of the recent administrative reform, it is necessary to study the issues of supervisory activities harmonization. The author evaluates the attempt to develop and adopt the special federal law on supervisory activity which is currently being prepared by the Ministry of Economic Development of Russia. The author considers the adoption of this document unreasonable and concludes that it is necessary to continue the improvement of the existing federal law of 26 December 2008 No 294 “On the protection of rights of legal entities and entrepreneurs during state and municipal control”, whose potential hasn’t been exhausted. The author analyzes the practice of enforcement of the article 19.6.1 of the Administrative Offences Code of the Russian Federation and formulates the proposals about the improvement of the effectiveness of its provisions application. For the purpose of supervisory activities harmonization, the author suggests establishing the procedure of public substantiation of introduction and redistribution of supervisory functions of executive authorities. The author notes the necessity to introduce the procedure of public administrative consultations with the organizations of entrepreneurs regarding supervisory activities. The research methodology is based on the recent achievements in 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 research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the sphere of supervisory activity improvement, it is necessary to observe the legislation on supervisory activity; therefore, it is necessary to develop the legislation on supervisory activity. 

Keywords: regulation, special, offence, activities, government, form, supervision, control, act, monitoring

DOI: 10.7256/2454-0595.2016.7.18158

Abstract: The research subject is the regulation of legal relationship in the field of education and bridging training of minor workers. The contemporary Russian legislation, regulating minor workers’ legal status, conforms to the generally accepted international legal regulations and allows ensuring the rights and freedoms guarantees of this category of citizens. The Labour Code of the Russian Federation has been the first in the history of labour legislation to include the chapter containing the general provisions regulating education and bridging training of minor workers, including apprenticeship agreement. General educational institutions graduates and other underage persons without a profession (speciality) acquire education or bridging training on a priority basis. The author analyzes the current legislation and develops the proposals about the improvement of legal regulation of labour of minors in the Russian Federation. The research methodology includes historical legal, analytical and comparative-legal methods. The scientific novelty of the study consists in the peculiarities of labour legislation application regarding underage persons. Minors enter legal relationship for the first time, without work experience, they need special health protection and work conditions. In the context of the factual increase of employment of minors, the problem of observance of their labour rights is especially urgent. The legal system contains significant drawbacks related to the protection of minors, including the insufficiency of the mechanisms of implementation of the adopted statutory instruments, the existence of a great number of complicated and contradictory departmental instructions, provisions and rules. 

Keywords: list of professions, state, educational organization, student, employee, employer, conditions of training, professional training, legal status, minor workers

DOI: 10.7256/2454-0595.2016.7.67950

Abstract: The research subject is the regulation of legal relationship in the field of education and bridging training of minor workers. The contemporary Russian legislation, regulating minor workers’ legal status, conforms to the generally accepted international legal regulations and allows ensuring the rights and freedoms guarantees of this category of citizens. The Labour Code of the Russian Federation has been the first in the history of labour legislation to include the chapter containing the general provisions regulating education and bridging training of minor workers, including apprenticeship agreement. General educational institutions graduates and other underage persons without a profession (speciality) acquire education or bridging training on a priority basis. The author analyzes the current legislation and develops the proposals about the improvement of legal regulation of labour of minors in the Russian Federation. The research methodology includes historical legal, analytical and comparative-legal methods. The scientific novelty of the study consists in the peculiarities of labour legislation application regarding underage persons. Minors enter legal relationship for the first time, without work experience, they need special health protection and work conditions. In the context of the factual increase of employment of minors, the problem of observance of their labour rights is especially urgent. The legal system contains significant drawbacks related to the protection of minors, including the insufficiency of the mechanisms of implementation of the adopted statutory instruments, the existence of a great number of complicated and contradictory departmental instructions, provisions and rules. 

Keywords: list of professions, state, educational organization, student, employee, employer, conditions of training, professional training, legal status, minor workers

DOI: 10.7256/2454-0595.2016.7.18006

Abstract: The research subject is the Model provisions on the corruption prevention coordination Commission in the subordinate entity of the Russian Federation established by the Presidential Decree of 15 July 2015 No 364 “On the measures of corruption prevention improvement”. The paper considers the issues of legal status of the corruption prevention coordination Commission, the legal grounds of its activities and its purpose, analyzes the experience of this Commission in the Republic of Tatarstan. The research is based on the Presidential Decree of 15 July 2015 No 364 “On the measures of corruption prevention improvement”, and statutory instruments of the federal and local level. The author applies general scientific and specific research methods: formal-logical, comparative-legal and the method of legal provisions interpretation. The scientific novelty of the study is determined by the lack of scientific works in this field. The author concludes that the formation of corruption prevention cooperation commissions in the entities of the Russian Federation promotes the standardization of the state policy of corruption prevention in the entities of the Russian Federation and establishes a vertical in the system of corruption combating in Russia. 

Keywords: conflict of interest management, conflict of interest, legal ground of activity , anti-corruption legislation, regional anti-corruption policy, public service, state policy, corruption prevention, anti-corruption policy, corruption

DOI: 10.7256/2454-0595.2016.7.67951

Abstract: The research subject is the Model provisions on the corruption prevention coordination Commission in the subordinate entity of the Russian Federation established by the Presidential Decree of 15 July 2015 No 364 “On the measures of corruption prevention improvement”. The paper considers the issues of legal status of the corruption prevention coordination Commission, the legal grounds of its activities and its purpose, analyzes the experience of this Commission in the Republic of Tatarstan. The research is based on the Presidential Decree of 15 July 2015 No 364 “On the measures of corruption prevention improvement”, and statutory instruments of the federal and local level. The author applies general scientific and specific research methods: formal-logical, comparative-legal and the method of legal provisions interpretation. The scientific novelty of the study is determined by the lack of scientific works in this field. The author concludes that the formation of corruption prevention cooperation commissions in the entities of the Russian Federation promotes the standardization of the state policy of corruption prevention in the entities of the Russian Federation and establishes a vertical in the system of corruption combating in Russia. 

Keywords: conflict of interest management, conflict of interest, legal ground of activity, anti-corruption legislation, regional anti-corruption policy, public service, state policy, corruption prevention, anti-corruption policy, corruption

DOI: 10.7256/2454-0595.2016.7.18107

Abstract: The research subject is the range of administrative problems of corruption prevention in the social sphere. The author analyzes administrative rules of corruption prevention in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the corruption prevention concept. The main attention is paid to the development of methods and methodology of constitutional regulation of corruption prevention in the social sphere. Besides, the author analyzes the concepts of administrative law development in the context of corruption prevention. The research methodology is based on the recent achievements in 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 research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of administrative regulation of corruption prevention. The author states the necessity to develop constitutional regulation of corruption prevention. The scientific novelty consists in the proposals about the development of forms and methods of administrative regulation of the social sphere. 

Keywords: sphere, standard, safety, prevention, risk, minimization , service, corruption, social, management

DOI: 10.7256/2454-0595.2016.7.67952

Abstract: The research subject is the range of administrative problems of corruption prevention in the social sphere. The author analyzes administrative rules of corruption prevention in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the corruption prevention concept. The main attention is paid to the development of methods and methodology of constitutional regulation of corruption prevention in the social sphere. Besides, the author analyzes the concepts of administrative law development in the context of corruption prevention. The research methodology is based on the recent achievements in 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 research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of administrative regulation of corruption prevention. The author states the necessity to develop constitutional regulation of corruption prevention. The scientific novelty consists in the proposals about the development of forms and methods of administrative regulation of the social sphere. 

Keywords: sphere, standard, safety, prevention, risk, minimization, service, corruption, social, management

DOI: 10.7256/2454-0595.2016.7.19590

Abstract: Based on the analysis of the provisions of the Federal law “On the fundamentals of offences prevention system in the Russian Federation”, the author reveals the legal status of prosecution agencies in the system of offences prevention. In the author’s opinion, this statutory instrument, on the one hand, contains the provisions designed for establishing the prosecutors’ role in the preventive work; on the other hand, the related provisions can hardly be considered as concrete and correct ones, due to the referenced mechanism built in it by the legislator. The author applies the method of comparison of the provisions of the considered law with the provisions of the federal law “On the Prosecutor’s Office of the Russian Federation”. The author concludes that, despite the existing set of provisions in the federal law “On the fundamentals of offences prevention in the Russian Federation”, devoted to prosecution agencies, their direct role is limited to the supervision over the observance of laws by the subject of preventive activities. 

Keywords: types of preventive activities, legal education, prosecutor's supervision, Prosecutors office, subjects of preventive activities, prevention system, offences prevention, prosecutor's response act, warning, preventive conversation

DOI: 10.7256/2454-0595.2016.7.67953

Abstract: Based on the analysis of the provisions of the Federal law “On the fundamentals of offences prevention system in the Russian Federation”, the author reveals the legal status of prosecution agencies in the system of offences prevention. In the author’s opinion, this statutory instrument, on the one hand, contains the provisions designed for establishing the prosecutors’ role in the preventive work; on the other hand, the related provisions can hardly be considered as concrete and correct ones, due to the referenced mechanism built in it by the legislator. The author applies the method of comparison of the provisions of the considered law with the provisions of the federal law “On the Prosecutor’s Office of the Russian Federation”. The author concludes that, despite the existing set of provisions in the federal law “On the fundamentals of offences prevention in the Russian Federation”, devoted to prosecution agencies, their direct role is limited to the supervision over the observance of laws by the subject of preventive activities. 

Keywords: types of preventive activities, legal education, Prosecutors office, subjects of preventive activities, prevention system, offences prevention, warning, preventive conversation