DOI: 10.7256/2454-0595.2020.1.31738

Abstract: The object of this research is the questions of ensuring protection of persons from domestic violence in the Russian Federation. The subject of this research is the administrative legal relations associated with legislative establishment and practical implementation of the necessary means for prevention domestic violence. The author explores a number of other relevant steps towards expansion of administrative legal regulation in the Russian family relations, which pursue the goal of establishing administrative legal guarantees in the Russian Federation from unjustified intrusion into the family’s affairs. The application of formal-legal methodology based on the analysis of legal categories and constructs allowed determining the role and significance of administrative legal means for prevention of domestic violence proposed in legislative projects. The importance and novelty of the conducted research consists in comprehensive assessment of the provisions of the Federal Law Project “On Prevention of Domestic Violence in the Russian Federation” and introduced recommendations on its improvement. The relevance is defined by the fact that the problem of “domestic violence” has not previously been an object of due attention on behalf of the government.

DOI: 10.7256/2454-0595.2020.1.31490

Abstract: The objects of this research is the relations emerging in implementation of state strategy on development of intellectual property in Singapore. The work expounds the significance of normative-legal and institutional elements of state mechanism of protection of intellectual rights in realization of the strategy, The author highlights the key aspects of implementation of the strategy on transforming Singapore into a hub of intellectual property in Asia that determine the coordinative role of the state in this process. Research is conducted on the Intellectual Property Hub Master Plan of 2013, forming the content of state strategy for development of intellectual property in Singapore. The Singapore’s Intellectual Property Hub Master Plan intends close cooperation and interaction between all institutional elements of national mechanism of protection of intellectual rights. The normative framework for implementation of this plan consists in the legislation, which employs international standards in the area of intellectual property. Singapore’s state development strategy is aimed at attaining the leading position in the region and the world by creating the system of alternative settlement of disputes, qualitative and quantitative strengthening of the pull of specialists in the sphere of intellectual property, involvement of private sector, connecting the state to international bases and systems, reexamination of tax breaks and preferences, as well as stimulation of scientific research and proliferation of the experience of strategic planning.

DOI: 10.7256/2454-0595.2020.1.31822

Abstract: The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

DOI: 10.7256/2454-0595.2020.1.30643

Abstract: The subject of this article is the current legislation of the Russian Federation pertaining to establishment and potential implementation of the norms on the functions of protection of public order by the municipal authorities. Based on the conducted analysis, the authors determine problematic issues in legal regulation of application of these norms, explore foreign experience in the sphere of protection of public order, and consider the prospects for application of this experience in the Russian Federation. The main conclusions of the study consist in proposals on creation of an independent institution of municipal police, prospects for further work within the framework of development of the project of Federal Law “On Municipal Police in the Russian Federation”, taking into account delineation of authority of municipal police and the centralized apparatus of police sub-branches of internal affairs departments; complete transfer of the police patrol functions to the municipal authorities on protection of public order; formation of the mechanism of interaction between the internal affairs authorities and municipal police. The original conclusions made in this research are aimed at helping in preparation of the normative legal framework pertaining to legal position and organization of the work of municipal authorities on protection of public order, as well as formation of the mechanism of interaction between the internal affairs authorities and municipal police.

DOI: 10.7256/2454-0595.2020.1.31844

Abstract: The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientific achievements of other human sciences, primarily economics. Methodological framework is comprised of the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of the materials, are used  general scientific and special methods of research: induction, deduction and document analysis. The main conclusion of this study consists in the formulation of the definition of administrative violation in the area of taxes and duties. The author develops a new approach towards structuring the system of evidence of such unlawful act, highlighting the essential (conceptual) evidence – public danger, and proposing a mechanism for determining public danger of a particular act.