DOI: 10.7256/2454-0595.2020.3.32564

Abstract: The subject of this research is the legal norms regulating the work of tour guides, guides-interpreters and guides-instructors in the Russian Federation. The author analyzes the positions of the Federal Law of 11.24.1996 No.132-FZ “On the Basics of Tourism in the Russian Federation” and draft Federal Law No.864169-7 “On Amendments to Separate Legislative Acts of the Russian Federation for the Purposes of Improving Legal Regulation of Tour guides, Guides-Interpreters and Guides-Instructors”, as well as regional normative legal acts, establishing requirements on mandatory of voluntary accreditation of these specialist in particular constituent entities if the Russian Federation. The author concludes that the systems existing in the separate constituent entities if the Russian Federation for accreditation of tour guides, guides-interpreters and guides-instructors require improvements. Solution of the problem is seen in organization of the work of the aforementioned subjects of the tourism industry by establishing uniform legal regulation on the federal level. The result of the analysis of the draft Federal Law No.864169-7 produced a number of proposals aimed at improving separate aspect of legal regulation of the work tour guides, guides-interpreters and guides-instructor.

DOI: 10.7256/2454-0595.2020.3.32662

Abstract: The subject of this research is the problem of efficiency of disciplinary responsibility within the system of public service. The practice of implementation of the institution of disciplinary responsibility testifies to the fact that the indexes of calling public officials to a disciplinary account in the recent years remain at stable high level, which in turn requires clarification of the causes for such position and determination of ways to eliminate them. The goal of this study consists in the theoretical comprehension of the category of “efficiency” applicable to legal provision of disciplinary responsibility within the system of public service, as well as identification of the components of efficiency of disciplinary responsibility and criteria for assessing efficiency of this legal institution. Operating under the target concept of efficiency of legal responsibility, a conclusion is made that efficiency of disciplinary responsibility within the system of public service represents a legal category that reflects correlation between the result of disciplinary responsibility and its goals by achieving positive impact upon public service relations. It is determined that the components of efficiency of disciplinary responsibility within the system of public service are: efficiency of legal regulation and efficiency of law enforcement practice. The factors impacting the efficiency components include the following: legal consciousness, and legal culture of public servants, and subjects of disciplinary jurisdiction, as well as the state of service discipline within the government apparatus. Assessment of the efficiency of disciplinary responsibility of public servants should be based on criteria such as actual efficiency, substantiation, reasonableness, and usefulness.

DOI: 10.7256/2454-0595.2020.3.32794

Abstract: This article explores the problems of application of measures of administrative compulsion, pays attention to functionality of measures of administrative compulsion, as well as state the thesis on the fact that despite vast attention to the issue of administrative compulsion, its functions lack scientific development. Considering the theoretical research, the author notices that functionality of administrative compulsion is predefined by the functionality of separate measures of administrative compulsion. Therefore, emphasis is made on the functions of some of the administrative compulsory measures. The theoretical framework of the study is comprised of the works of general theory of law and recent achievements in the science of administrative law. The conclusions of the research consist in a number of proposals on lowering the level of administrative compulsion in the law enforcement work, adjustment of the goals of some types of measures of administrative compulsion, as well as improvements to the positions of legislation determining functionality of certain measures of administrative compulsion. The article highlights the fact that the principal function of administrative compulsion consists in protection of rights and liberties of the citizens.

DOI: 10.7256/2454-0595.2020.3.32749

Abstract: The selected topic is of utmost relevance for Russian legal science, since separation of disciplinary law as an independent branch represents an objective process that requires detailed scientific attention. The author determines possible criteria for sectorization of disciplinary law. The work also explores the current problematic questions of the order of calling to disciplinary account that can be resolved by corresponding changes in its normative legal regulation. An attempt is made to not only substantiate the criteria for sectorization of the disciplinary law, but also outline further prospects of development of this topic, which can be used by all researchers engaged in this field. The author substantiates the possibility of separation of the branch disciplinary law if certain conditions are maintained that would contribute to solution of theoretical and practical tasks. Along with the project of the structure of the Disciplinary Code of the Russian Federation, the main result of this research consists in outlining specific vectors for theoretical and applied research, which must be conducted for qualitative substantiation of the content of the codified legislative act.

DOI: 10.7256/2454-0595.2020.3.32677

Abstract: The object of this research is the legal relations that emerge in ensuring informations security of the banking and finance system of the People’s Republic of China. The work characterizes China’s cybersecurity law, which was enacted in 2017. The author determines the key positions of this statutory act that establishes the foundation for national institutional and normative-legislative mechanism of ensuring information security of the banking and finance sectors as objects of critical information infrastructure. China’s cybersecurity law represents a fundamental piece of legislation that defines the principles, mechanisms and order of ensuring information security. It defines critical information infrastructure through nomenclature of the sectors and indication of criteria for designation of one or another sector as critical information infrastructure. The banking and finance sector meets such criteria, thus ensuring its information security is based on the general positions of this legislation. The law determines the regime of protection of personal data, as well as obligations of network carriers that are included into the institutional mechanism of provision of cybersecurity. All aforementioned facts make China’s cybersecurity law a key legislative instrument of the mechanism of ensuring information security of the banking and finance system.