DOI: 10.7256/2454-0595.2019.2.21855

Abstract: In his research Odoev analyzes situations when the law relates particular penal consequences to the prior use of administrative measures. In the theory of criminal law, these situations are called “administrative prejudgement”. On the basis of the scientists' points of view established in the doctrine, as well as the results of the interviews of the law enforcers, the author offers an original definition of administrative prejudgement. In addition, the author makes suggestions about the legal nature of administrative prejudgement and the main features that characterize it. The methodological basis of the research is composed of general research methods (methods of induction and deduction, formalization, generalization, idealization, activity, methods of analysis and synthesis, interviewing, etc.) as well as special research methods (comparative legal, formal legal, sociological and legal and etc.). The main result of the research is that the author proposed an original definition of the concept of administrative prejudgement. In addition, the author came to the conclusion that administrative prejudgement is a kind of the actual composition that is formed from, firstly, from the state of administrative punishment of a person and secondly from the criminal offense committed by that person. 

DOI: 10.7256/2454-0595.2019.2.28204

Abstract: The study of legal terms and phenomena helps researchers to better understand the process of knowledge, more deeply reveal the processes of formation and evolution of individual concepts and the relationships in the field of study, restore past events and give them a legal assessment taking into account modern advances in science. In this regard, the author of the article examines the formation and development of the concepts of "transit", "customs transit", consistently analyzes the sources of law which may contain an indication of the concepts under study and draws appropriate conclusions. This study was conducted using both general and special research methods. The author analyzes the sources of law which may contain an indication of the concepts under study and concludes that the main meaning and content of the term “customs transit” has deep historical, political and economic roots. Historical agreements on passage, transportation “along the way, without sale” influenced the strengthening of relations between individual principalities and states, contributed to the development of trade. Currently, the term evolves from “passing along the way, without marketing” to the term “customs transit”, the legal framework of legal relations within its framework and consolidation in regulatory legal acts acts to strengthen the political ties of the state, positively affect the development of foreign economic relations, trade, growth business and income to the treasury of the state.

DOI: 10.7256/2454-0595.2019.2.29241

Abstract: The subject of the research is the legal regulation of road safety in the Russian Federation at the present stage. The object of the research is public relations arising in the field of road safety. Special attention is paid to the changes in the legislation of the Russian Federation in the field of road traffic over the past five years as well as the prospects for improving legal regulation in this area to achieve the indicators laid down in the Road Safety Strategy in the Russian Federation for 2018-2024. The methodological basis of the research includes general and special research methods, in particular, analysis, formal legal method, statistical method, and logical method. The author comes to the conclusion that in order to preserve the existing dynamics of mortality reduction in road traffic, it is necessary to develop and apply new approaches to improving road safety. Achievement of this goal should be carried out at the expense of material and technical re-equipment of control and supervisory bodies and emergency services, development of information technologies, equipping health care organizations with sanitary transport, advocacy and educational work including among minor participants in the movement and their parents.

DOI: 10.7256/2454-0595.2019.2.22986

Abstract: The article is devoted to the local self-government in the vertical division of power. It is shown that local governments perform control functions directly on the ground and act as a free element from the legal point of view of the mechanism of power. Organization of local government linked with a number of factors and in most cases is due many structural feasibility of administrative-territorial division of the state. Reasonable and legal division of the administrative-territorial units of the state directly influences the activity of local self-government established in these units. These issues are regulated by special laws, taking into account the scale of institutions, demographic, ethnic, social positions and other things. Differences in the distribution of units of administrative and territorial divisions in the certain states also affects to the local government. According to the legislation of the countries, in the local administrative-territorial unit, along with local governments, the activity of the head of the state administration is also noted. This parallelism is not typical for the Republic of Azerbaijan. But in countries with a more democratic legislative system, the right to express disloyalty to the head of the local state administration of the corresponding territorial unit is expressed by a majority of the deputies of local self-government. This shows that in these countries local government is not part of the system of state power, and here the separation of power is fully provided. Unfortunately, due to the state of war, the tendencies of ethnic separatism and for other reasons, the formation of such legislation in the Republic of Azerbaijan was not possible.

DOI: 10.7256/2454-0595.2019.2.29018

Abstract: The object of the research is the civil status of peasant (farm) households, both legal entities and associations of citizens who are not registered as legal entities. The subject of the research is the civil relations connected with the organization and activity of a peasant (farm) household. Currently in Russia there are only approximate objective data on the number of peasant farms and property of household memers, etc., without which it is extremely difficult to determine the necessary nature and extent of state and legal impact on the existing relations. There is a number of obvious problems in the legal regulation of the status of peasant farms. The methodology of the proposed research is mostly formal law which allows reveal the content of legal concepts determining their characteristics, classifying them, interpreting the meaning of regulatory prescriptions, etc. The significance of this research is caused by the fact that the task of import substitution set for the economy of the Russian Federation is associated not only with the introduction of new high-tech productions but also with the expansion of already existing, first of all, productions ensuring food security. The implementation of the policy of import substitution led to a rapid growth in production in peasant farms while experts expect a multiple increase in the number of farms which will require to eliminate many gaps and conflicts of their legal regulation.