DOI: 10.7256/2454-0595.2022.1.36966

Abstract: The object of the study is a set of administrative and legal relations arising in the field of the implementation of tasks by the police and functions for bringing to administrative responsibility for beatings. The subject of the study is the norms of Russian legislation regulating the process of collecting evidence in cases of this category, as well as the problems of law enforcement practice caused by the lack of a unified approach to the formation of the evidence base. The authors consider the features of the administrative and jurisdictional activities of the police aimed at bringing the perpetrators of beatings to administrative responsibility. In the course of the study, private scientific methods were used, such as formal-logical, statistical research methods; analysis of documents. Based on the analysis of law enforcement practice, as well as court decisions made by courts of general jurisdiction and justices of the peace, the article reveals the features of collecting and forming an evidence base that allows for comprehensive, complete, objective and timely clarification of the circumstances of cases involving persons guilty of battery to administrative responsibility under Article 6.1.1 of the Administrative Code of the Russian Federation, as well as its resolution is in accordance with the law. The trends that have developed to date in judicial practice on the consideration of cases of these administrative offenses are analyzed and determined. The results of the study are correlated with the legal positions of the higher courts.

DOI: 10.7256/2454-0595.2022.1.30812

Abstract: The subject of the article is the norms of legislation on administrative offenses: the Code of the Russian Federation on Administrative Offenses, the Constitution of the Russian Federation, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950, regulating the principles of proceedings in cases of administrative offenses. The author carried out a comparative analysis of scientific views on the ways and forms of fixing the principles of proceedings in cases of administrative offenses, as well as the relationship of the concepts of "rule of law" and "legal principle". The methodological basis was made up of general scientific methods of cognition: analysis, synthesis, comparison and private scientific methods of cognition: formal legal, comparative legal. The author notes the special position of the principles of proceedings in cases of administrative offenses as regulatory entities and comes to the conclusion about their importance for the regulation of proceedings in cases of administrative offenses. The article substantiates the position on the need to distinguish between the legal principles of proceedings in cases of administrative offenses, enshrined in the legislation on administrative offenses and the principles of a non-legal nature existing in the science of administrative law. The opinion is expressed that the objectification of the principles of proceedings in cases of administrative offenses in the legislation on administrative offenses is carried out through textual and semantic methods of normative expression.

DOI: 10.7256/2454-0595.2022.1.36646

Abstract: Starting from January 1, 2017, the functions for the direct implementation of the state cadastral valuation of real estate objects were transferred to specialized organizations of the subjects of the Russian Federation created in the form of state budgetary institutions.On the one hand, the actual work on the valuation of real estate is being withdrawn from the sphere of public procurement, which implies the refusal to involve professional appraisers in determining the value of real estate objects, that is, persons whose main purpose is to make a profit. On the other hand, the functions and powers of the authorities in the field under study are delegated to specialized organizations that do not have the status of a public authority. В В  The article proves that the legal status of such institutions should be defined as a "legal entity of public law". At the same time, their activities are based on the concept of delegating state powers to private individuals. At the moment, there are contradictions between approaches grounded in legal science to the status of legal entities of public law, as well as to the procedure for delegating (outsourcing) certain power functions, on the one hand, and the legislative consolidation of the legal status of budgetary institutions performing functions in the field of state cadastral valuation, on the other.In addition, the concept of legal entities of public law is relatively new for domestic legislation and legal science.

DOI: 10.7256/2454-0595.2022.1.35267

Abstract: The subject of the study is democracy and approaches to its definition through the prism of revealing the will of the people, as well as issues of the implementation of democracy in constitutional and legal reality. The author examines in detail the necessary and sufficient conditions for the implementation of democracy on the basis of three approaches. The first approach defines democracy as the participation of all (the people) in public administration. The second approach is widespread in jurisprudence and expresses the totality of a different set of legal conditions and procedures, as well as relationships regarding the delegation of power from the people to the public administration. The third approach, which has appeared quite recently in science, is a kind of synthesis of the first two, but is focused on the result of procedural aspects of democracy. В  The thesis concept is based on the following political and legal postulates of understanding democracy, state power and elections: 1) the objective regularity of any state power is its desire to continue to possess it; 2) a democratic state is more effective than an undemocratic one, since it has legal institutions that allow limiting the usurpation of state power by any one political force; 3) a democratic state differs from an undemocratic one by the possibility of changing political power nonviolently through elections, the result which is not predetermined in advance. By virtue of the first postulate, in the electoral systems of states, there is a possibility of seizing and retaining state power in violation of democracy by distorting the will of the people, since the state authorities of the previous composition, acting as organizers of the elections, are interested in maintaining the status quo. In this connection, a comprehensive mechanism is needed to limit the possibility of usurpation of state power during elections at the stages of organizing voting, summarizing its results and establishing the results of elections (referendums).

DOI: 10.7256/2454-0595.2022.1.37359

Abstract: The article examines the issues of legal regulation of the use of information and communication technologies in the activities of public authorities. The relevance of the topic is due to the universal digitalization of public relations, including the activities of public authorities. The widespread informatization of various spheres of society, their economic activities, the development and introduction of modern data transmission devices, the expansion of computer networks led to a sharp increase in the volume of processed information, and modern society began to be called informational. The process of informatization of society is gradually taking place. Various information and communication technologies are also actively used in the field of public administration in Russia. The processes of informatization and information support are increasingly active in the digital economy of Russia. Technologies and their application are turning from a specialized professional field into a key issue in the sphere of public administration. In the general understanding, information and communication technologies are a process that includes a set of tools and methods for the implementation of operations for the collection, registration, accumulation, processing and transmission of information based on hardware and for the purpose of solving management tasks. The author formulates the conclusion that information and communication technologies are increasingly being used in the activities of public authorities. Informatization of the activities of public authorities in the Russian Federation is an indispensable and important stage in the formation of the information society, as well as the leading direction of reforming the entire system of public administration.

DOI: 10.7256/2454-0595.2022.1.37513

Abstract: The subject of this article is the study of a new stage in the development of state policy in the field of strategic planning. The object of the study was the social relations developing in the sphere of strategic planning implementation in Russia and its regulatory and legal regulation.Methods of synthesis and analysis of literary and documentary sources, classification, generalization, formal legal method were used to write the article. Particular attention is paid to the innovations of regulatory regulation caused by the publication of Decree of the President of the Russian Federation No. 633 "Fundamentals of state policy in the field of strategic planning in the Russian Federation". The relevance of the study is due to the fact that despite the adoption of Federal Law No. 172-FZ on strategic planning 7 years ago, it is not necessary to say that such planning has reached the necessary qualitative level that ensures the effective functioning of the public administration system in the country - it is no coincidence that the issues of the formation of the practice of strategic planning are constantly in the focus of management states. The article provides a comparative analysis of new initiatives and their impact on the practice of public administration. The trends and patterns of strategic planning are analyzed. The approaches of specialists in relation to the legal aspects of planning are presented. The shortcomings of the legal framework of Russian legislation in the field of strategic planning are noted. The system of documents forming the basis for the application of this method is considered, and an opinion is expressed on the prospect of developing a mechanism for coordinating and controlling strategic planning documents. It is concluded that "The fundamentals of state policy in the field of strategic planning ..." They should be supplemented with a Plan for their implementation with a list of necessary regulatory legal and methodological documents that disclose specific aspects and procedures for their impact on the strategic planning system across the country and its regions. It is advisable to approve a number of provisions of the Decree as additions to Federal Law No. 172-FZ.

DOI: 10.7256/2454-0595.2022.1.37417

Abstract: The relevance of the research of the Institute for the examination of works of art lies in the fact that it is the correct and accurate determination of the value of a work of art that makes it possible to make a legitimate and reasonable decision in criminal cases. In expert institutions, there are no problems in determining the value of mass-produced items, but problems arise when evaluating individual cultural values. We are talking about cultural values that have been withdrawn from free civil circulation and are in demand among collectors and other art lovers. The article discusses the methodological basis for determining the value of works of fine and applied art. The evidence of the urgent need for the introduction of a professional forensic expert determination of the value of cultural property into criminal proceedings is presented. To determine the value of a work of art, it is necessary to establish the authorship, authenticity of the work, the time and circumstances of its creation.As a result of the research, the article identifies the necessary types of forensic research to determine the value of unique cultural values, namely tracological, documentary, materials science, historical, art history and a number of other examinations. Currently, in the field of expert determination of the value of works of art, there are a large number of problems that need to be solved. Firstly, the development of a new examination, which would be called judicial value examination of works of art. Secondly, it is necessary to consolidate the norm that the value of a work of art should be determined only within the framework of a comprehensive forensic examination. Thirdly, we need a methodology acceptable for determining the value of any work of art. To do this, experienced specialists should be involved, who would develop standard requirements for the expert study of each type of works of art and for the preparation of an expert opinion.