DOI: 10.7256/2454-0595.2017.10.23924

Abstract: The article studies social relations connected with the operation of legal regime of subordinate acts of the Investigative Committee of the Russian Federation. The author considers such aspects of the topic as the history of formation of legal regime of the acts under discussion, the forms and the subjects of their issuing. The author studies the reasons for issuing and formalization of the procedure of anti-corruption examination of such acts. Special attention is given to the problem of adoption of administrative-legal normative acts of the Investigative Committee of the Russian Federation. The research methods are predetermined by the purpose of the study and include analysis, synthesis, the comparative-legal method, legal modeling and classification. The scientific novelty consists in the fact that the author is one of the first scholars in Russian jurisprudence who describes the characteristics of legal regime of subordinate normative acts of the Investigative Committee of the Russian Federation. The author’s contribution consists in the detection of the tendencies of formation and operation of this regime using concrete examples of lawmaking. 

DOI: 10.7256/2454-0595.2017.10.24121

Abstract: The research subject is the changes that have been introduced into the Federal Law “On the Prosecution Service of the Russian Federation” dealing with the involvement of specialists by a prosecutor during checks of compliance with laws. The author notes that legislative novels dictate new tasks to prosecutors, since the position of the Constitutional Court has changed the role of bearers of special knowledge and shifted it towards expert and analytical assistance to prosecutors. The author uses various research methods, including the comparative-legal, which help achieve the research tasks. The scientific novelty consists in the fact that the article is the first to study the institution of involvement of a specialist for checks of compliance with laws by prosecutors in the context of the new realia. The author emphasizes that due to the current changes, it is necessary to elaborate new approaches to the application of special knowledge in prosecutors’ work. It requires serious scientific consideration. 

DOI: 10.7256/2454-0595.2017.10.24360

Abstract: The article studies the development of the Russian concept of environmental law within the modern international concept of environmental protection and management in the context of inherent and continuous process of environmental protection for the purpose of sustainable development. The authors define the key challenges influencing the content of the Russian concept of environmental law: the level of legal culture of society and individuals, inharmonious coexistence of society and nature, lack of motivation of the participants of environmental legal relations, political nature of international cooperation, disregard to scientific knowledge and technologies. To obtain reliable scientific results, the authors use the range of general scientific (system structural, formal-logical and hermeneutical) and specific (historical-legal, comparative-legal and formal legal) methods and the sociocultural method of scientific cognition. The authors conclude about the possibility of operative response of the concept of environmental law to the modern challenges, and define economic factors of such a response. The prevailing ideas form the factual Russian concept of environmental law, which is characterized by consumptive, barbaric nature. To correct this situation, the authors suggest giving more attention to the formation of a high level of legal and environmental culture of citizens: consistent and system work should be done to improve legal education of individuals and society as a whole. The state should have a leading role in this process – elaborating the system of incentives able to promote lawful behavior of individuals and forming their motivation by increasing the level of legal culture. 

DOI: 10.7256/2454-0595.2017.10.24275

Abstract: Professional performance of tasks and functions, imposed on government bodies, by public servants should be considered as the key prerequisite of effective performance of a certain type of government service. High proficiency of inspectors of federal supervisory bodies of executive authorities is an important condition of effectiveness of supervisory activity. The research subject of this article is the topical question about the possibility to introduce qualification criteria for inspectors of federal supervisory bodies of executive authorities. Special attention is given to the legal status of inspectors of such bodies. The research methodology is based on general scientific methods (analysis, induction, deduction) and specific research methods (formal-legal, comparative-legal), which are traditionally used in Russian jurisprudence. The author concludes that the problem of introduction of qualification criteria for inspectors can be solved only in the context of system optimization of supervisory bodies and their powers and significant reduction of forms of supervisory activities. The author defines general qualification criteria, which are proposed to be considered as elements of the general legal status of inspectors of federal supervisory bodies of executive authorities, which perform supervisory duties. 

DOI: 10.7256/2454-0595.2017.10.24396

Abstract: The research subject is the current provisions of the Administrative Offences Code, the Tax Code, the Budget Code of the Russian Federation, the Federal Law “On the Central Bank of the Russian Federation (the Bank of Russia)”, which establish the concept and the content of legal entity’s guilt for tax, administrative, budget and bank offences, and the interpretative acts of judicial bodies, which contain interpretation of normative directions about guilt for administrative, tax, budget and bank offences. Codified acts, regulating budget and bank segments of the financial sphere, establish three fundamentally different formulations of a question about the evidentiary of admission of guilt of a legal entity for incriminated offences. The uncodified act – the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)”, in fact formulates the definition of a bank offence and contains a comprehensive list of administrative sanctions for the violation of bank legislation. The research methodology is based on the modern achievements in epistemology. The authors use theoretical and general philosophic methods (dialectics, the system method, analysis, synthesis, analogy, deduction and modeling); traditional legal methods (formal logical and interpretational methods, which are used for the analysis of particular content of provisions, establishing the concept and the content of quilt of administrative, tax, budget and bank offences); the comparative method is used to compare normative directions regulating the concept and content of guilt of tax, administrative and budget offences. The authors conclude that the codified acts in the financial sphere (the Tax Code, the Administrative Offences Code, and the Budget Code) contain three concepts of understanding of guilt (subjective, objective and interfacing) of a legal entity for offences, which have been formulated by scholars at the scientific and theoretical level. The chronological framework of adoption of these codes marks the tendency of shift from the subjective concept of guilt to the objective incrimination. Besides, the provisions of the Administrative Offences Code compete with the provisions of the Federal Law in the issues of regulation of imposition of legal responsibility by the Bank of Russia on credit organizations in accordance with the directions of the Administrative Offences Code and the Federal Law. The authors compare the subjective and objective concepts of guilt of a legal entity for offences in the financial sphere with the real normative models of guilt contained in the codes, and with the normative and casual interpretation, which has formed in judicial practice. The scientific novelty of the study consists in the comparative-legal analysis of normative constructs of guilt of a legal entity for offences in the financial sphere at the level of codified acts and the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and affirmation of an interfacing construct of guilt of a legal entity, contained in the Administrative Offences Code, gravitating toward objective incrimination. 

DOI: 10.7256/2454-0595.2017.10.24008

Abstract: The research subject is the mechanism of anti-corruption examination of normative acts for the purpose of the struggle against corruption in municipal authorities. The research object is normative and other legal acts of a municipal unit. The author considers the aspects of the struggle against corruption in municipal authorities. The study demonstrates that the problem of corruption leads to weakening and reduction of the quality of the socio-economic environment. Besides, the author shows that normative acts are initially prone to be included into corruption processes and can have informal signs of corruption. Corruption covers all levels of authority. Particularly, the author gives special attention to its manifestations at the municipal level and civil society, since most socio-economic processes aimed at controlled development of cities and other territorial units are performed at this level. The research is based on the method of normative-legal analysis, where the powers of municipal authorities are limited and the possibility to define the limits of impact on lawmaking is formed. The analytical method helps define the most difficult aspects of formation of comprehensive normative acts, which would be able to resist corruption. The author describes the mechanisms of broad participation of the population in the preparation of decisions of local authorities. Particularly, they include that possibility to extend the sphere of activity of innovative forms of participation of the population and public associations such as public expertise. The further direction of development of the studies is the definition of the mechanism of realization of the results of public expertise in forecasting the actions of normative documents of municipal authorities.