DOI: 10.7256/2454-0595.2018.6.26952

Abstract: The subject of the research is the common features attributable to administrative offences and crimes. The author of the article focuses on such features as the social danger (social harm), illegality, guilt, punishability, procedural order and government action. Markova analyzes the positions of academics that studied the issues of correspondence of unlawful acts. The author criticizes the opinions of authors that believe administrative offence not to have the feature of social danger. Markova provides arguments why she believes that most of administrative offences has that feature just like criminal offences. The methodological basis of the research includes general research methods such as analysis, synthesis, induction and deduction. The main research method is the comparative law method that allowed to compare and define common features of administrative and criminal offences. As a result of the research, the author concludes that administrative offences and crimes that interfere with the social relations and disturb established legal order have common features. The primary task of a legislator is to define the place of an unlawful act within the system of the national law that is dictated by objective reasons but not only the will of a legislator. These objective reasons include the social standard of living, legal consciousness and legal culture, customs and traditions of a nation, economic situation in the country, foreign poilcy, etc. 

DOI: 10.7256/2454-0595.2018.6.26756

Abstract: The article is devoted to the juridical nature of the goal-setting process as part of intra-departmental control. In his research Mamontov analyzes theoretical and practical approaches to goal-setting as part of intra-departmental control over internal affairs activity. In his research the author also analyzes the most fundamental theoretical sources that influence the goal-setting process as part of intra-departmental control in different spheres of management activity of internal affairs agencies. The author provides a comparison of the legal grounds of developing purposes and targets of internal affairs control as well as analyzes the statutory regulation of intra-departmental control of different police activities. In his research Mamontov defines particular features of the influence of management achievements in the sphere of goal-setting on various spheres of intra-departmental control over internal affairs activity. Based on the results of the analysis, the author describes contradictions that may arise in the process of regulating the system of intra-departmental control over internal affairs activity, and suggests changes to departmental legal acts that would ensure the balance of the goal-setting process.   

DOI: 10.7256/2454-0595.2018.6.26897

Abstract: The subject of the research is the legal acts that regulate the basis and procedure of bringing parents or other legal guardians of the under aged to administrative responsibility. The object of the research is the social relations that may arise as a result of establishment or implementation of administrative responsibility for non-performance of сhild-rearing and maintenance responsibilities by parents or other legal guardians. The authors of the article analyze such aspects of the topic as the analysis of legal acts regulating administrative responsibility of parents or other guardians of the under aged. The methodological basis of the research implies the dialectical materialistic method of research and general and special research methods based thereupon such as comparative law, formal law methods, analysis and synthesis. As a result of their analysis of administrative laws that regulate bringing legal guardians of the under aged to administrative resopnsibility, the authors suggest to change the sanction of Part 1 of Article 5.35 of the Administrative Offenses Code of the Russian Federation for repeated violations of law, in particular, to increase the fee or impose an administrative arrest as an alternative punishment. According to the authors, this would allow those who perform preventive measures to be more efficient in their work with dysfunctional families and parents who avoid child rearing and maintenance. In addition, the authors raise the issue about making an amendment to Article 20.22 of the Administrative Offenses Code of the Russian Federation that would regulate the process of bringing parents or legal guardians of the under aged to administrative responsibility if an under aged use tobacco. This amendment to Article 20.22 of the Administrative Offenses Code of the Russian Federation, according to the authors, would enable more efficient preventive measures aimed at both under aged and their legal guardians.   

DOI: 10.7256/2454-0595.2018.6.26878

Abstract: The aim of the research is to analyze the Federal Law on General Principles of Local Self-Government in the Russian Federation No. 131 of October 6, 2003 as well as municipal acts that regulate the procedure for the electorate recalling an elective representative of a local community. In this research Nudnenko analyzes the experience in practical recalling of local community's elective representatives. The purpose of the research is to define trends in the legal regulation of recalling an elective representative of a local community at the modern stage of Russia's local government. In the course of the research the author has applied traditional research methods such as analysis, synthesis, induction, deduction, historical, logical and comparative law methods. The results of the research demonstrate that there is the tendency towards preserving the same grounds for recalling deputees that were typical for te soviet stage of Russia's development. The author criticizes municipal acts that prohibit the recall of an elective representative of a local community during his final term. The author outlines the tendency of the legal regulation towards the possibility to register a recall initiative group without a meeting for electing members thereof. The author defines the gap in the legal regulation of guarantees of an elective representative being recalled. Nudnenko also discovers the tendency to finance agitation activities performed by an initiative group at the account of independent funds of participants in the procedure of recall. The scope of application of the research results is the municipal policy-making process. The main conclusion is that there are certain gaps and problems in the legal regulation of a pre-term recall procedure and these problems and gaps need relevant solutions. 

DOI: 10.7256/2454-0595.2018.6.26763

Abstract: The subject of the research is the statutory provisions of the Russian Federation legislation on corruption prevention, regulatory and departmental normative legal acts as well as local normative acts that focus on the contents and anti-corruption education procedure. In his research Damm focuses on legal and organising capacities of a higher educational organisation to implement anti-corruption education. The researcher pays special attention at describing successful practices of anti-corruption educational activities oriented at both educational organisation employees and students. In his research the author has used the dialectical research method as well as structured system analysis, formal logic method, and others. The research carried out has demonstrated that educational organisations face difficultis of methodological, legal and organisational nature when they implement anti-corruption education. In his research Damm describes the basic trends of the Siberian Federal University in anti-corruption education of employees and students, defines the key problems and offers his solutions thereto.