DOI: 10.7256/2454-0595.2017.2.20694

Abstract: The article focuses on the issues of legal and organizational regulation of the work of local representative bodies. The research object is the issues of the work of local representative bodies of the Russian Federation. The author analyzes the main functions of representative bodies, the approaches to the duties of their officials, and the main organizational principles. Based on the analysis of scientific works on the issue, the author detects the main drawbacks in the legal regulation of local representative bodies’ activities. Besides, the author carries out theoretical and legal analysis of the “local representative body” definition. The author applies general philosophical and theoretical methods (analysis, synthesis, the system method, analogy, induction, and modeling) and traditional methods of jurisprudence (formal logical). The author concludes that the federal legislation, regulating the work of local representative bodies, needs further improvement. The author reveals the necessity to regulate the operating principles of representative bodies on the federal level. The scientific novelty of the study consists in the proposals about further improvement of the legislation in relation to the provision of unified approaches to the main principles of local representative bodies’ work; particularly, the author offers the definition of the “local representative body” concept and the model principles of its work.  

DOI: 10.7256/2454-0595.2017.2.20914

Abstract: The author analyzes the current Russian legislation on advertising in order to consider the administrative aspect of advertising, the types of inappropriate advertising, the problems of initiation, creation and dissemination of inappropriate advertising, the necessity to protect the consumers’ rights against inappropriate and inaccurate advertising; the author defines and analyzes some administrative mechanisms of the struggle against inappropriate advertising. Based on the research, the author proposes stiffening administrative responsibility for inappropriate advertising. The research methodology is based on recent achievements of epistemology. The author applies general philosophical and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), and traditional methods of jurisprudence (formal logical). The author concludes that inappropriate advertising is an object of complex legal regulation, and legislation on advertising is closely connected with civil, administrative and constitutional law. The role of administrative mechanisms of the struggle against inappropriate advertising can hardly be overestimated; all of them are aimed at the struggle against inappropriate advertising regardless of the presence of damage caused on the consumers by the dissemination of such advertising. 

DOI: 10.7256/2454-0595.2017.2.20422

Abstract: The author considers administrative and legal regulation of internal monitoring of customs agencies’ activities in the modern period and defines its correlation with customs control. In the author’s opinion, both types of control are the elements of the control and supervision structure within law enforcement activities of customs agencies. The author draws attention to the fact that internal monitoring in its administrative and procedural sense is regulated on the Federal Customs Service level and serves as the secondary control as compared to customs control. The absence of legislative regulation of administrative procedures of internal monitoring is outlined by the author as the main problem of administrative and legal regulation of internal monitoring of customs agencies’ activities in the Russian Federation in the modern period. The research methodology is based on such specific scientific methods as comparative-legal and formal-legal. The author comes to the following conclusions: administrative and legal regulation of internal monitoring of customs agencies’ activities is carried out on the FCS level; internal monitoring in relation to customs control serves as the secondary control and ensures the observance of legality in customs affairs, and rights and legal interests of persons controlled by customs agencies. The author suggests formalizing administrative procedures of internal monitoring in legislation. 

DOI: 10.7256/2454-0595.2017.2.21554

Abstract: The research subject is the relations arising in the process of inter-budget transfers application. The author analyzes one of the problems of this sphere, which hasn’t been solved so far, - the problem of incomplete application of inter-budget transfers. At the present time, a large amount of uncommitted funds remains on the accounts of recipients – public-private entities of different levels – at the end of financial year, granted to them as subsidies, subventions and other inter-budgetary transfers. The author attempts to detect the reasons of incomplete application of funds and to offer the complex solution to this problem. The author applies general scientific methods (dialectics, the system and historical methods, analysis, synthesis, observation and modeling) and traditional methods of jurisprudence (formal logical, generalization of scientific concepts and normative material). The author generalizes the key factors causing incomplete application of budgetary funds and divides the balances into “positive” and “negative”. The author studies the new mechanism of “budgetary letter of credit” used since 2013 to avoid balances. The author offers the ways to improve legal regulation of inter-budget relations. The conclusions of the study can be used in pedagogical and practical activities and for the modification of the current budgetary legislation. 

DOI: 10.7256/2454-0595.2017.2.20766

Abstract: The research object is transport safety. Transport safety is the social relations system in the sphere of personal and public safety and national security provision in the field of use of various types of transport, and the protection of transport and transport infrastructure from unlawful interference. The formation of the transport safety regime should be based on general and specific administrative mechanisms implemented for the purpose of achievement of the necessary security level of the transport complex by different public authorities within their competence. The research methodology is based on the dialectical theory and the related general scientific and specific research methods, including the system, formal-logical (deduction, induction, analysis, synthesis, comparison, etc.), structural-functional, comparative-legal, etc. The author analyzes the condition of transport safety in the Russian Federation; demonstrates the role of the government in the sphere of functioning and development of the transport system of Russia; reveals the problems of incompatibility of the transport system of the Russian Federation with socio-economic development needs: 1) technical state of vehicles and transport infrastructure objects; 2) breach of rules of the road and transport exploitation rules by vehicles’ operators; 3) external interference into transport objects operation; 4) ineffective control over the work of transport and transport infrastructure; 5) insufficient training of the personnel responsible for transport operation; 6) undue administrative action upon the detection of breaches in the sphere of transport and the transport complex exploitation; 7) insufficient coordination and interaction between governing institutions in the sphere of transport safety provision; 8) bad quality of road pavement and insufficient road infrastructure development; 9) commercialization of transport and decentralization of management in the sphere of the transport complex operation; 10) anti-terrorist security (protection); 11) technogenic safety; 12) natural disasters management and prevention; 13) protection from crimes and administrative delicts. All the mentioned circumstances cause threats to transport safety and to personal and social safety and national security. The scientific novelty consists in the proposals of measures for transport safety provision: 1) development of special administrative mechanisms; 2) formation of specialized structures responsible for transport safety provision; 3) formation of a special legal regime of use of various types of transport. Each of the mentioned measures and all of as a whole should be used within the transport safety provision mechanism. 

DOI: 10.7256/2454-0595.2017.2.20862

Abstract: The article focuses on legal and organizational problems of realization of administrative responsibility in the economic sphere as a means of legality provision. The author analyzes legality from the position of administrative responsibility implementation as a means of its provision. The article demonstrates the author’s positions on the concept of administrative responsibility in the economic sphere. Special attention is given to the development of the mechanism of administrative responsibility realization in the economic sphere. Besides, the author carries out theoretical and legal analysis of the content of administrative responsibility from the position of legality provision. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessment, etc.). The author concludes that at the present time, in order to ensure law and order in the economic sphere, it is necessary to improve the administrative regulation mechanism as a whole, and the means of administrative responsibility. The author states the necessity to further decriminalize economic offences. The scientific novelty consists in the development of the administrative responsibility theory in relation to the economic sphere. 

DOI: 10.7256/2454-0595.2017.2.21627

Abstract: The research object is the set of legal norms establishing administrative responsibility for drug trafficking laws violation in the Republic of Kazakhstan. The research object is the range of administrative responsibility norms connected with narcotic substances, psychotropic substances, and their precursors. The author considers the fundamental Federal Law of the Republic of Kazakhstan on drugs and the key instrument, establishing administrative responsibility in the Republic of Kazakhstan, that is the 2014 Administrative Offences Code of the Republic of Kazakhstan. The research is based on the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan in the sphere of drug trafficking. The author offers eliminating the differences between the legislation of Russia and the Republic of Kazakhstan in qualifying the actions, covered by administrative law in Russia, and by criminal law – in Kazakhstan. Thus, it is necessary to accept the positive aspects of the legislation of Russia and the Republic of Kazakhstan. 

DOI: 10.7256/2454-0595.2017.2.20609

Abstract: The research subject is the provisions of the current Administrative Procedure Rules of the Russian Federation regulating the subject of administrative procedure, administrative lawsuit, the subject composition of administrative plaintiffs and defendants, and the materials of judicial law-enforcement practice connected with the application of the provisions of Administrative Procedure Law in the acceptance of the statements of case. The author considers the specificities of public-law relations, formalized in the Administrative Procedure Rules: the open list of public-law relations and the related polysubject composition of administrative plaintiffs and defendants. The open list of public-law relations, formalized in the Administrative Procedure Rules, proves their dynamic nature. The research methodology is based on modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, and modeling), traditional methods of jurisprudence (formal logical and interpretation methods used for the analysis of the contents of legal rules), and the comparative method used for the comparison of the categories, contained in the Administrative Procedure Rules and the Code of Administrative Offences of the Russian Federation. The author concludes that the Administrative Procedure Rules of the Russian Federation not only formalize the complex classifications of public relations and the composition of their participants, but also denote the tendency to the further differentiation and extension of public relations and their subjects. Essentially, the genesis of administrative procedure legislation development correlates in a greater degree with the scientific tendency of studying administrative lawsuits focusing on their fundamental differences from other types of lawsuits. The author reveals the tendency of correlation between the development of the legislation on administrative procedure and the scientific tendency to study administrative lawsuits focusing on their fundamental differences from other types of lawsuits. The scientific novelty consists in the consideration of the problem of a polysubject composition of the parties to administrative process according to the provisions of the Administrative Procedure Rules, and its comparison with the subject composition of the parties to administrative relations and the subjects of administrative offences.  

DOI: 10.7256/2454-0595.2017.2.21503

Abstract: The research subject is the four official (government-supported) federal websites specialized in the acceptance of citizens’ electronic appeals: The Single Portal for Central and Local Government Service; the online portal of pre-trial appeal against central and local government services; the online portal “Your Control”; the website “Russian Public Initiative”. The author analyzes the universal government-supported websites, but not the websites of particular governing bodies created in the pursuance of the Federal Law “On the provision of access to the information about the activities of central governing bodies and local governments”. The author applies the following methods: dialectics, abstraction, analysis, synthesis, induction, deduction, the formal-legal method, the method of intersectoral legal studies, and the comparative-legal method. The present article is one of the first complex studies of websites, specialized in the acceptance of citizens’ appeals, analyzing all the existing Russian specialized government-supported websites on the Internet. The author considers the legal framework of these websites’ functioning and the algorithm of their work with citizens’ appeals. The author analyzes the problem of anonymity of electronic appeals and its solution by means of the registration on The Single Portal for Central and Local Government Service. The author detects the advantages of specialized websites in comparison with other ways of lodging and processing of citizens’ appeals: federal coverage (the appeal can be lodged with any governing body connected to the information system); convenience (appeals can be sent electronically from any place with access to the Internet including a mobile phone); compatibility (all the mentioned websites operate on the base of the single applicant identification system and are interconnected); consideration procedure transparency (application processing by a governing body is reflected on the applicant’s personal account). The research can help improve the work with electronic applications and increase the quality of their processing by governing bodies. 

DOI: 10.7256/2454-0595.2017.2.21860

Abstract: The research subject is the legislation of Krasnodar Region and the Russian Federation regulating the concept and the content of the “government protection of cultural heritage sites” legal institution. The research object is social relations, arising between the government protection agencies and other entities in relation to government protection implementation, and the peculiarities of application of particular instruments of government protection. The authors study the legislation and the related social relations of the Soviet and the post-Soviet periods, and compare the legislation of different levels and different historical periods. The research methodology is based on the principles of historicism and objectivity. The authors apply the following research methods: historical-comparative, historical-typological, problem-oriented, socio-psychological, and retrospective. The authors use the principles of analysis and synthesis. The authors come to the following conclusions: the “government protection of cultural heritage sites” concept didn’t exist in the Soviet legislation and in Russian legislation before 1997; since 1997 till the present time, the “government protection of cultural heritage sites” concept has been formalized and reinterpreted as a legal mechanism; the authors ascertain the likeness of the term and the content of “government protection of cultural heritage sites” in federal and regional legislation despite the initially different “starting points” and the still existing certain differences.