DOI: 10.7256/2454-0595.2022.3.38475

EDN: DSMCTQ

Abstract: The article examines the impact of letters from Russian authorities on the business community. Currently, the regulation of the publication and withdrawal of letters is non-systemic, and the legal nature of letters has not yet been determined. The lack of clear and transparent procedures for their adoption and application leads to the fact that letters from the authorities can also be used as an element of administrative pressure on business: explanations from the authorities can impose new responsibilities on companies, interfere in their operational activities, "bypass" the procedures of inspections established by law. It is proposed to define letters of authorities as a kind of legal acts that are adopted by law enforcement agencies in the absence of a single regulated legal procedure for their publication, contain explanations of legislation and (or) rules of conduct that can have an indirect impact on an indefinite circle of persons and (or) be applied in specific legal situations.  In order to reduce the negative impact of letters from authorities on subjects of economic legal relations, legal regulation of the publication of letters by authorities is proposed. Within the framework of this procedure, it is important to establish: general rules of registration, a limited list of grounds for their adoption; the need to substantiate the practical benefits of accepting letters for non-government entities; establishing the priority of letters that create favorable conditions for non-government subjects of legal relations, in cases of letters contradicting each other; a limited list of officials who have the right to sign them; the procedure for cancellation (revocation) of letters from public authorities, including a list of entities that have the right to raise the issue of their cancellation (revocation). The latter may be the bodies of the Ministry of Justice and (or) the Prosecutor General's Office of the Russian Federation (due to the emerging practice recognizing such competence for them). At the end of the study, it is additionally proposed to evaluate letters according to the criterion of expediency and within the framework of the judicial norm control procedure.

DOI: 10.7256/2454-0595.2022.3.38519

EDN: CKNYHT

Abstract: The subject of the study is the norms of Russian administrative law regulating the obligation for state and municipal employees (and some other categories of persons) to transfer securities, participation shares, shares in the authorized (stock) capitals of organizations to trust management, within the framework of the institute for the prevention and control of conflicts of private and public interests in the process of these persons performing their direct responsibilities. In the course of this study, the author intentionally does not address the issues of civil law regulation of the trust management agreement, focusing on the organizational and administrative side of the studied relations, nevertheless, stating that the application of civil law norms to administrative relations is also not free from a number of problems. The main conclusions of the study are the following points. The Federal Law "On Combating Corruption" prescribes certain categories of persons to transfer securities belonging to them, etc., to trust management if possession of them leads or may lead to a conflict of interests. This norm is variably duplicated in a number of laws and by-laws. At the same time, a number of laws establish the obligation for designated persons to transfer their valuables to trust management, due to the occurrence of a conflict of interests, others assume unconditional transfer. Article 12.3 of the Law "On Combating Corruption" contains a reference to civil legislation regulating the trust management of property as a civil contract. This determines additional issues related to the application of civil legislation in the context of administrative and legal relations. Based on judicial practice, the transfer of property to trust management does not limit the right of the founder of the management to dispose of the management object. In this regard, there are reasonable doubts about the effectiveness of the transfer of conflict-prone property by employees and other persons, in simple trust management, as a way to prevent (prevent) conflicts of interest.

DOI: 10.7256/2454-0595.2022.3.38509

EDN: THDGUS

Abstract: Effective provision of anti-terrorist security of modern Russian society is impossible without knowledge of the legal regulation ensuring such security in other states, especially neighboring "friendly" ones - this hinders the effectiveness of interaction within the framework of international cooperation. It should be noted that this issue is particularly relevant today due to the active military confrontation of the Russian Federation with "unfriendly" states on the territory of Ukraine. In our opinion, the legislative and practical activities of the Chinese authorities can be useful for extrapolating to Russian security problems, especially due to the fact that China is classified as a country with a low level of terrorism, while the Russian Federation is among the countries with an average level of terrorist activity. The article makes a legal analysis of the state regulation of anti-terrorist security of the People's Republic of China. The object of the study is social relations arising in the process of state regulation of counter-terrorism in China. The subject of the study is the legal acts of the People's Republic of China of anti-terrorist orientation. The purpose of the study is identification of useful and effective practices of countering the ideology of terrorism in China for the possibility of subsequent implementation into the legal framework of Russian legislation. The method of comparative law, the method of analysis and synthesis are employed by the author. The author studied China's legislation on countering terrorism and came to conclusion about the need to adopt its positive experience in Russia. It is necessary to consider the possibility of creating your own social networks, analogues of foreign ones, it is also worth adopting the experience of creating educational centers for people affected by extremism and terrorism. In order to ensure the rights of citizens in cyberspace and the fight against terrorism, it is possible to use China's experience with user verification when logging on to the Internet.

DOI: 10.7256/2454-0595.2022.3.38558

EDN: SZNQGT

Abstract: The object of the study is the sphere of state financial support of civil society organizations in Russia. The subject of the study is a set of norms of Russian administrative law regulating the provision of financial support to civil society organizations by executive authorities, as well as by other persons with appropriate public powers. The purpose of the study is to determine the nature of the impact of the current administrative and legal regulation of the legal relations in question on the mechanism for implementing the principle of transparency in providing financial support to civil society organizations in Russia. The author examines in detail such aspects of the topic as the theoretical and legal foundations of the principle of transparency in the activities of public authorities; administrative and legal foundations of state financial support for civil society organizations in Russia; the procedure for holding a competition for presidential grants, as well as the conditions for participation in this competition of civil society organizations; conditions for the provision of presidential grants for the development of civil society in non-competitive all right. The main conclusions of the study are the following statements: 1. An additional guarantee of ensuring the legality of public administration, including in the sphere of providing financial support to civil society organizations, should be the legislative consolidation of the principle of transparency in the exercise of public powers. 2. The established requirements for the participants of the competition for the provision of presidential grants do not guarantee the openness of organizations receiving budgetary funds. 3. Monitoring the activities of civil society organizations within the framework of projects implemented partially or completely at the expense of presidential grants is the main form of monitoring compliance by the winners of the competition with the terms of the contract with the Operator Fund. 4. Citizens of our country do not have the opportunity to receive information about presidential grants provided by the Operator Fund in an out-of-competition manner, which violates the principle of transparency in the exercise of public powers.

DOI: 10.7256/2454-0595.2022.3.37709

EDN: TBIXXB

Abstract: In connection with the completion of the development of the new Code of Administrative Offenses, it becomes obvious a change in the approach, including to the application of administrative punishment. The objects of research in this article are: the system of administrative penalties (their types and sizes) and the procedure for the application of administrative punishment in accordance with the draft new Code of Administrative Offenses. The author pays special attention to the change in the approach to the application of administrative penalties in terms of the transformation of the characteristics of administrative measures of responsibility and the legal technique of the presentation of administrative and legal norms governing the institution of administrative punishment. Also, the special subjects of the research of the topic were the categorization of administrative offenses into coarse and coarse and the formulation of a definition to the concept of a homogeneous administrative offense.   The main conclusions of the study are: highlighting the relevance of the adoption of the draft new Administrative Code in terms of regulating the institution of administrative punishment, substantiating the legal fate of the adoption of such a project, otherwise determining the consequences of its non-acceptance, for example, destabilizing the legal regulation of the institution of administrative punishment and maintaining the priority of the punitive function of administrative punishment over the preventive. The novelty of the study lies in the fact that the author has formed a full-fledged commentary on the presentation of the institute of administrative punishment in the draft of the new Administrative Code: the essence of the changes, the target orientation of their introduction. This article summarizes the current problems associated with the imposition of administrative punishment, indicates the different opinions of legal scholars on this issue and provides the author's vision for making each change to the system of administrative penalties.