DOI: 10.7256/2454-0595.2018.1.24227

Abstract: The article is devoted to the analysis of the provisions of the Adinistrative Court Procedure Code of the Russian Federation that relate to a new procedural institution, summary procedure on collecting mandatory payments and sanctions that is performed by the justice of the peace disregarding the amount of claimable sum. To obtain valid research results, the authors have used general research methods (dialectical method, systems approach, analysis, synthesis, analogy, specification, and generalisation) as well as special research methods (formal law and comparative law). The authors analyze the legal nature of relations arising in the process of paying mandatory payments and sanctions and study the two-step procedure of their collection through the court. In addition, the authors also focus on particular procedural questions related to the motion for judgement, requirements for the form and content thereof, grounds for refusal of such application and procedures of delivering, ussing, appealing against and cancelling a court order. As a result of their research, the authors conclude that the procedure of delivering a court order on collection of mandatory payments and sanctions proves to be efficent and summary procedures allow to optimize the caseload and reduce the 'costs' of the justice for initially indisputable requirements. The authors also suggest to view the question about the development of relevant administrative procedures in order to fully exclude indisputable requirements from the scope of judicial control. 

DOI: 10.7256/2454-0595.2018.1.24648

Abstract: The article is devoted to the analysis of problems that arise in the process of the legal regulation of the free customs zone procedure in advanced development territories and Free Port of Vladivostok. The subject of the research is the combination of legal acts that regulate free customs zone procedure as well as theoretical concepts that can be found in the academic literature concerning the implementation of this cutoms procedure. The aim of the research is to define borders for regulating the free customs zone procedure and define problems that arise in the process of implementing this customs procedure in aforesaid territories and offer certain solutions of these problems. In the course of the research the author has used such research methods as dialectical method, analysis, synthesis, deduction, formal law method and comparative law method to compare the provisions of the national legislation. As a result of the research, the author defines principles for the legal regulation fo the free customs zone procedure that include national security principles, keeping a balance between public and private interests, supranationalism, clarity and the principle of conditional release from customs payments. The author also defines that the main directions for improving the legal regulation of the aforesaid customs procedure advanced development territories and Free Port of Vladivostok should be filling in legal gaps and elimination of law collisions in legal acts, simplification of the order for imposing the free customs zone procedure on goods and acceleration of associated customs operations. As a result of the research, the author gives recommendations on changes that should be made in the customs law. Theoretical concepts and practical recommendations offered by the author may contribute to the development of administrative science and customs law. 

DOI: 10.7256/2454-0595.2018.1.24831

Abstract: The subject of the research is the legal acts of different legal power that regulate the grounds and extent of competences assigned to migration subdivisions as part of internal affairs authorities of th eRussian Federation. The authors of the article also share their opinion regarding the entire internal affairs system of the Russian Federation. The authors view the subject matter from the point of view of the legal regulation of migration subdivisions' competences taking into account the current internal affairs system of the Russian Federation, analyze opportunities and efficiency of their implementation at the stage of reformation of Russia's Ministry of Internal Affairs structure. The research is based on the analysis of the history of migration authorities developent, applicable legal acts and regulations, their comparison, discovery and description of certain problems that may arise in the process of legal regulation of competences of the aforesaid subdivisions created and functioning at different territorial levels of the internal affairs bodies of the Russian Federation. The main results of the research include description of special competences of migration subdivisions at different levels of state management, particlarities of the legal regulation of their competences and activity arrangement,  problems the Ministry of Internal Affairs faces and their solutions. The novelty of the research is caused by the fact that so far there have been no integral researches of the legal regulation of powers and migration subdivisions' activity arrangement under the conditions of reformation of Russia's Ministry of Internal Affairs structure. Conclusions made by the authors may be applied for improving the legal basis that regulates the legal position and migration subdivisions' activity arrangement at internal affairs bodies of the Russian Federation. 

DOI: 10.7256/2454-0595.2018.1.25531

Abstract: The subject of the article is the effective Traffic Laws, provisions of the Code of the Russian Federation on Administrative Offenses, State Standards that regulate the rules for transportation of children, definition, features and types of child restraint, and interpretative acts of judicial authorities that interpret regulatory prescriptions of child restraint. The aim of the article is to define difficulties that may arise in the process of applying new rules for transportation of little passengers. Starting from July 2017, The Traffic Laws set forth a new criterion for classification of child restraint which is the height of a child. However, there is no definition of 'child restraint' in The Traffic Rules and there is no such criterion as a child's height in the current classification of child restraint. The methodological basis of the research includes recent theoretical findings and concepts. In the process of the research the authors have used theoretical, general philosophical, traditional legal research methods, and comparison that was used to compare regulatory provisions that regulate the definition and features of child restraints. The main conclusion made by the authors is that the latest amendment to The Traffic Rules provide a clear notion of what restraints can be used to transport little passengers. The main contribution made by the authors is the substantiation of these amendments made in Part 3 of Article 12.23 of the Code of the Russian Federation on Administrative Offenses and Subclause 1.2, 2.1.1 of The Traffic Rules. The novelty of the research is caused by the fact that the authors carry out a comparative law analysis of changes and amendments made to The Traffic Rules that came into force in summer of 2017. 

DOI: 10.7256/2454-0595.2018.1.24580

Abstract: The object of the research is the legal regulation of administrative procedures in the Customs Code of the Eurasian Economic Union. Based on the comparative analysis of the provisions of the Customs Code of the Customs Union and Customs Code of the Eurasian Economic Union, the author concludes that there has been certain systematization and optimization of administrative procedures performed by customs authorities, in particular, control or supervisory agencies. In addition, the author describes trends and changes in the legal regulation of administrative procedures such as acceleration and simplification of customs operations, extention of the regulation intergration level, and impact of information technologies. The main research methods include systems and comparative law analysis, classification, historical law and formal legal law methods. The novelty of the research is caused by the fact that the author defines and offers a classification of new customs laws issued within the framework of the Eurasian Economic Union. The author focuses on administrative procedures of customs authorities' activity under the conditions of integration and defines regular patterns of the legal regulation of administrative procedures, procedures performed by customs authorities, and concludes that there has been a tendency towards decreasing the control and supervisory influence on business activities.