DOI: 10.7256/2454-0595.2023.1.38831

EDN: CBQBOW

Abstract: The article is devoted to the issues of control and supervisory activities in the context of administrative reform, as well as the importance of the human rights component of prosecutorial supervision over the execution of laws by control (supervision) bodies. The study raises the problem of distinguishing the procedures necessary to bring a person to administrative responsibility and the procedures of state control (supervision) or municipal control. The mechanisms of various control (supervisory) measures are described. The issues of adaptation of the prosecutor's supervision over the execution of laws by control (supervision) bodies under the moratorium established by the Government of the Russian Federation on the conduct of control (supervisory) measures in relation to the majority of small and medium-sized businesses are highlighted. It is noted that the organizational and administrative documents of the Prosecutor General's Office of the Russian Federation establish a requirement for the suppression by prosecutors of the implementation of verification measures under the guise of raids, monitoring, as well as in the framework of illegal administrative proceedings. The results of this study are: the study of the rules of control and supervisory activities, as well as its relationship with administrative proceedings. The authors attempt to develop proposals to improve the effectiveness of prosecutorial supervision over the implementation of legislation on state control (supervision) by perceiving the ongoing administrative reform to modernize control and supervisory activities, mixing accents in its implementation in order to form law-abiding behavior of controlled persons.

DOI: 10.7256/2454-0595.2023.1.39713

EDN: FHCBUO

Abstract: The article deals with the problems of establishing administrative legal restrictions on the right to disseminate information in the context of such constitutional values as legal freedom of law and state security. The purpose of the study was to assess the institution of administrative responsibility for violating the order of dissemination of information from the point of view of these constitutional values. The subject of the study was legal relations in the field of implementation of administrative responsibility for violation of the order of dissemination of information, and the object of the study was legal doctrine, legal norms and judicial practice. In order to achieve the research goal in conjunction with general scientific and special scientific methods (analysis, synthesis, formal legal, interpretation of law), the author applied an axiological approach to the phenomena under study. The scientific novelty of this study lies in the fact that the problem of restricting the right to free dissemination of information through administrative liability mechanisms is considered through the prism of not only its possible restrictions for the security of the state, but also in the context of the correlation of freedom of information dissemination and state security, as the most important constitutional values. The author formulates the following conclusions. The establishment of administrative responsibility in the Administrative Code of the Russian Federation for violation of the order of dissemination of information is necessary to ensure state security. However, the implementation of the mechanism of the studied type of administrative responsibility should be carried out in a balanced manner, taking into account both the interests of ensuring state security and ensuring legal guarantees of the constitutional right of everyone to freely disseminate information.

DOI: 10.7256/2454-0595.2023.1.39870

EDN: HUQDVX

Abstract: This article is devoted to the analysis of modern problems of the organization and implementation of public control over non-state pension funds in the Russian Federation, due to the fact that they occupy a key place in the organization of pension provision in Russia for 2023. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public control over non-state pension funds in Russia and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal, etc. The paper substantiates the role and place of this institution of civil society in the system of legal guarantees for the implementation, protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author examines the legal status and place of non-state pension funds in Russia in the system of objects of public control. The work not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. The issues of development and introduction of new forms and methods of public control in relation to non-state pension funds in Russia need further scientific understanding.

DOI: 10.7256/2454-0595.2023.1.39893

EDN: GYFCBG

Abstract: Within the framework of this article, a comparative analysis of existing approaches is carried out to determine the basic conditions for ensuring the autonomy of AI in the context of public legal relations of foreign countries and Russia. As part of the comparative analysis, the basic problems in the field of AI decision-making transparency in world practice, practical situations of integrating non-transparent AI into the sphere of public legal relations in foreign countries, as well as possible compensatory legal measures that ensure the safe integration of AI into the sphere of public administration in Russia are being investigated. The subject of the study is the formalization of the actions of artificial intelligence as a representative of a government body. The object of the research is normative documents, recommendations and other documents regulating the implementation of AI autonomy for the purposes of public legal relations in Russia and foreign countries, judicial practice, academic publications on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the phenomenon of AI autonomy, which implements public functions based on the experience of various states. The measures proposed as a result of the study can be applied in the legislative and law enforcement practice of the relevant authorities implementing the integration of artificial intelligence into the sphere of public relations in Russia.

DOI: 10.7256/2454-0595.2023.1.39141

EDN: GZDAOD

Abstract: The object of the study is the social relations developing in the sphere of circulation of civilian firearms. The subject of the study is the organization of state control over the provision by citizens of the Russian Federation of the conditions of storage (safety) of civilian firearms at the place of residence and the activities of the police as a subject of the type of state control under consideration. The paper gives a brief description of state control as a guarantee of the effectiveness of any legal activity. The role and importance of the police in the implementation of state control in the sphere of arms trafficking is determined and justified, the forms and methods of the type of state control under consideration, the subjects and objects of its implementation are substantiated. The author provides an original view on the problem of crime prevention as the main area of police activity on the example of the sphere of arms trafficking in its relationship with state control of ensuring storage conditions by citizens of the Russian Federation (safety) of firearms at the place of residence. The argument is given about the instrumental importance of state control in the system of prevention of offenses in the sphere of arms trafficking, the continuity and integrity of state control in a single sphere of public administration. As a conclusion, the paper presents a problem that requires resolution, the development of more advanced mechanisms for the organization of state control in the field of arms trafficking.

DOI: 10.7256/2454-0595.2023.1.39565

EDN: IKASSO

Abstract: Subject of study. Provisions of Federal Law No. 248-FZ of 31.07.2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" concerning the procedure for implementing the powers of an inspector to engage an expert or expert organization to conduct an examination when carrying out a control (supervisory) measure. The purpose of the study. Justification of the need to supplement and specify normative legal acts, in terms of establishing requirements to the execution of the inspector's decision to conduct an examination, the content of the expert assignment, the timing and method of sending it to the expert, the procedure for notifying the supervised person about the examination, the content and execution of the expert report. The method and methodology of the study. The formal-logical, formal-legal, sociological methods of research, the method of system analysis and the method of legal interpretation were used during the study. Novelty of research, conclusions. The article defines the place and importance of the institute of expertise in the sphere of control and supervisory activity. Expertise acts as an independent control (supervisory) action, providing research on issues, the resolution of which requires special knowledge in various fields of science, technology, arts or crafts. Organization of expertise in the sphere of control and supervisory activity is one of the important powers of an official of a control and supervisory body (inspector), the implementation of which allows getting a professional assessment of compliance with mandatory requirements by a supervised person. In the course of a systematic analysis the basic provisions of expert activities in the field of state control and supervision were formulated, gaps in legislation were identified in terms of regulation of the procedure for implementing the powers of an inspector to engage an expert or expert organization to conduct an examination during the implementation of control (supervisory) activities. It is established that the normative provisions of expert activities in the field of state control and supervision require improvement. The author of the article substantiates possible ways to eliminate the identified normative gaps.

DOI: 10.7256/2454-0595.2023.1.38572

EDN: IMTOVV

Abstract: The subject of this work is the study of foreign experience in the normative consolidation of the right of minors to independently make decisions on granting consent to medical intervention. The author notes that, despite the substantial guarantees of prompt consideration of such cases provided for by the Code of Administrative Procedure of the Russian Federation, it is obvious that a delay in the implementation of medical intervention may entail serious consequences. In view of the above, the foreign experience of securing out-of-court procedures for obtaining such consent is of significant interest. The article considers examples of regulatory regulation used in certain European (the Republic of Latvia, the Republic of Serbia) and North American (Canada, the United States of America) states.The article considers examples of regulatory regulation used in certain European (the Republic of Latvia, the Republic of Serbia) and North American (Canada, the United States of America) states. During the research, the author used various methods of scientific cognition, both general scientific: analysis, synthesis, logical and structural-functional, and private scientific: formal legal, legal modeling method and comparative legal. The novelty of the research lies in the fact that the author for the first time in Russian legal science conducted a comparative analysis of the normative consolidation of the right of minors to independently make decisions on granting consent to medical intervention. The author comes to the conclusion that the issue of the need to expand the possibilities of minors to give appropriate consent, in relation to the Russian Federation, requires separate study and in the process of this work, foreign experience may well be taken into account.

DOI: 10.7256/2454-0595.2023.1.39879

EDN: INDEZC

Abstract: This article is devoted to the constitutional and legal analysis of the Presidential Administration of the Russian Federation as an object of public control. This topic of scientific research is of particular interest due to the fact that this public authority has significant powers and a place in the state mechanism. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation devoted to the organization and activities of public control in relation to the activities, acts and decisions of the Presidential Administration of the Russian Federation and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms, sociological, historical and legal and others. The paper analyzes the institute of public control as the most important guarantee of the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author explores the legal status and place of the Presidential Administration in the system of objects of public control. The work not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. The issues of development and implementation of new forms, methods, types of public control measures in relation to the Administration of the President of the Russian Federation need further scientific understanding.

DOI: 10.7256/2454-0595.2023.1.39288

EDN: IGBQZE

Abstract: The article examines the reasons for the singularity of the nature of the protection of the business reputation of public entities, authorities of the Russian Federation, largely due to the specifics of the legal personality of these legal entities, as well as the historically established approach to the issue of compensation for damage caused to the business reputation of public subjects of law. The subject of the work is methods, procedural algorithms for protecting the business reputation of public entities, authorities, considered, among other things, for the objective assessment of relevant proposals for the creation of an appropriate regulatory framework and analysis of counter-interests of the legal community and business, ensuring at the same time effective and fair functioning of the institute of civil rights and freedoms. The purpose of the study is to formulate proposals for the development of regulations and parameters of legal regulation of methods, mechanisms for protecting the business reputation of public entities; to develop recommendations for amendments to a number of regulatory legal acts aimed at overcoming legal entropy in the absence of named permissible methods and procedural protection algorithms. The early examples of legal norms regulating the business reputation of the Russian state and its representatives are analyzed; Soviet and modern regulatory framework, judicial doctrine, law enforcement practice, including international one, on this issue. The evidence base has been collected and provided, indicating the existence of the powers and the need for domestic public entities to protect their business reputation in a civil order. Modern sources of reputational harm are investigated; proposals are formulated to modify the current legislation and the permissible degree of reception of international legal norms; decriminalization of approaches to protect the reputation of authorities and expanded application of civil legislation in matters of compensation for losses caused to public entities as a result of damage to business reputation, including by their officials, representatives.

DOI: 10.7256/2454-0595.2023.1.39867

EDN: IGCOZU

Abstract: This article is devoted to the constitutional and legal analysis of the peculiarities of the organization and implementation of public control in the border regions of the Russian Federation. This is of particular importance in an unstable international situation. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public control in border regions in the Russian Federation, as well as the practice of their application. The author uses general and private scientific methods - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal and a number of other methods. The paper substantiates the role of this institution of civil society in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The author explores the main problems hindering the optimal organization and implementation of public control in the border regions of the Russian Federation. The article develops and substantiates a system of measures to resolve the above-mentioned problems in order to strengthen the institution of public control. The issues of development and implementation of new principles, methods, forms and types of public control measures in the border regions of the Russian Federation need further scientific understanding.