DOI: 10.7256/2454-0595.2017.1.20307

Abstract: The research subject is the administrative status of customs agencies as customs control subjects. The author pays attention to its complexity determined by the variety of functions and tasks implemented by customs agencies in the modern period. Administrative status of customs agencies is considered in the context of administrative reform in the sphere of public administration and integration processes in the post-Soviet space. Besides, the author takes into account the recent structural changes of the Federal Tax Service affiliation and its subordinance to the Ministry of Finance of the Russian Federation. The research method is the analysis of statutory instruments and scientific works in the studied sphere. The author emphasizes the complexity of the administrative status of customs agencies as customs control subjects determined by the variety of their functions; this complexity determines the structural and functional composition of the customs agencies system and their place within the executive authorities. 

Keywords: security, control activity , public administration, administrative reform, customs agencies system, supervision functions, functions of customs agencies, administrative status, customs agencies, customs control

DOI: 10.7256/2454-0595.2017.2.20694

Abstract: The article focuses on the issues of legal and organizational regulation of the work of local representative bodies. The research object is the issues of the work of local representative bodies of the Russian Federation. The author analyzes the main functions of representative bodies, the approaches to the duties of their officials, and the main organizational principles. Based on the analysis of scientific works on the issue, the author detects the main drawbacks in the legal regulation of local representative bodies’ activities. Besides, the author carries out theoretical and legal analysis of the “local representative body” definition. The author applies general philosophical and theoretical methods (analysis, synthesis, the system method, analogy, induction, and modeling) and traditional methods of jurisprudence (formal logical). The author concludes that the federal legislation, regulating the work of local representative bodies, needs further improvement. The author reveals the necessity to regulate the operating principles of representative bodies on the federal level. The scientific novelty of the study consists in the proposals about further improvement of the legislation in relation to the provision of unified approaches to the main principles of local representative bodies’ work; particularly, the author offers the definition of the “local representative body” concept and the model principles of its work.  

Keywords: institutional structure, representative body machinery, operational principles , representative body status, problems of formation, information function, control function, representative function, law-making function, representative body

DOI: 10.7256/2454-0595.2017.3.22246

Abstract: The article studies the issues connected with the structure of the judicial community body of the Italian Republic – the High Council of the Judiciary – and its composition. The author applies the methods of analysis, synthesis, comparison, specification, and generalization to study constitutional provisions related to this problem, characterizes the magistracy corps of the country, and studies the composition of the High Council of the Judiciary of the Italian Republic and the legal status of its main structural elements. The author studies the Executive Committee, the Disciplinary Commission, the Secretariat, the Department of analytical work and documents. The author also pays attention to other working commissions within the High Council of the Judiciary. Particularly, the author considers the Commission on reporting to the High Council and the commissions on inconsistency, internal procedure, access to the judiciary and mobility, professionalism level estimation, legal proceedings, institutional national and international relations, organization of work of courts, the magistracy of honor, the budget of the Council, organization and maintenance of accounting records, and the Special Commission (Commission of appointment on executive posts). 

Keywords: commissions , prosecutors, judges , magistrates , structural elements, judicial system, High Council of the Judiciary , the Italian Republic, judicial community bodies, foreign experience

DOI: 10.7256/2454-0595.2017.7.23734

Abstract: The research object is social relations in the sphere of formalization of alternative administrative sanctions; the research subject is the provisions, formalized in the Administrative Offences Code, and the decisions of the Constitutional Court of the Russian Federation. The authors analyze alternative sanctions in their interconnection with the principles of differentiation and individualization of administrative responsibility. The article studies the influence of decisions of the Constitutional Court on transformation of sanctions in the Administrative Offences Code and regulation of rules of imposition of administrative punishment. At the same time, the authors note the disputable nature of some legal positions of the Constitutional Court and the presence of provisions in the Administrative Offences Code, which breach constitutional rights and freedoms. The authors use the formal-legal, dialectical and comparative-legal methods. The authors compare the Administrative Offences Code with other regulatory instruments. The authors also apply philosophical laws of unity and struggle of opposites, negation of negation and transformation of quantity into quality. The authors conclude that, firstly, on the one hand, based on the decisions of the Constitutional Court, the legislator has introduced alternative sanctions to the Code and regulated the imposition of penalty in the form of a fine. On the other hand, the absence of clearness in the very decisions of the Court has allowed the legislator not to revise all the bulk of sanctions contained in the Code, providing alternative types of administrative punishment in the articles of the Code. Secondly, article 4.1.1 of the Code, providing for the substitution of administrative punishment in the form of a fine with a warning, contradicts constitutional provisions about the principle of equality of rights, since it contains the limited list of subjects, which includes small and medium enterprises and their employees, and discriminates physical persons. Probably, in the nearest future the provisions of this article will be considered by the Constitutional Court. Thirdly, the position of the Constitutional Court about the feasibility of significant rates of fines in the Administrative Offences Code, causes concerns, since the punitive impact of administrative responsibility becomes in such cases more severe that the punitive impact of criminal responsibility. It leads to blurring of distinction between criminal and administrative responsibility in terms of legal consequences for an individual. The existence of such sanctions and blurring of distinction between criminal and administrative responsibility contradict legal positions of the Constitutional Court about the necessity to differentiate legal responsibility, which should be not only sectoral, but also intersectoral. 

Keywords: Administrative punishment, fine, Non-alternative sanctions, constitutional court, alternative sanctions, sanctions, administrative responsibility, compliance with constitution, types of sanctions, administrative punishment

DOI: 10.7256/2454-0595.2017.10.23924

Abstract: The article studies social relations connected with the operation of legal regime of subordinate acts of the Investigative Committee of the Russian Federation. The author considers such aspects of the topic as the history of formation of legal regime of the acts under discussion, the forms and the subjects of their issuing. The author studies the reasons for issuing and formalization of the procedure of anti-corruption examination of such acts. Special attention is given to the problem of adoption of administrative-legal normative acts of the Investigative Committee of the Russian Federation. The research methods are predetermined by the purpose of the study and include analysis, synthesis, the comparative-legal method, legal modeling and classification. The scientific novelty consists in the fact that the author is one of the first scholars in Russian jurisprudence who describes the characteristics of legal regime of subordinate normative acts of the Investigative Committee of the Russian Federation. The author’s contribution consists in the detection of the tendencies of formation and operation of this regime using concrete examples of lawmaking. 

Keywords: investigative branch, Investigative Committee, administrative law, sources of law, subordinate acts, regulatory acts, administrative lawmaking, anti-corruption examination, lawmaking, lawmaking procedures

DOI: 10.7256/2454-0595.2017.8.23937

Abstract: The research subject is the legal novels included into the Federal law “On the Public Prosecution in the Russian Federation”, which formalize the requirements to the procedure of prosecutor’s investigation. Since such regulations have been introduced into the Russian legislation for the first time, the author gives special attention to the problem of correlation between the position of the Constitutional Court of the Russian Federation, which adjudicated on this matter in 2015, and the literal performance of the requirements, resulting from this adjudication, by the legislator. The author gives attention to the existing shortcomings. The author takes into account the established law-enforcement practice and the possibility of its adaptation to the new conditions, determined by the requirements of the legislative novels. The author concludes that in general, the legislator has performed the requirements of the adjudication of the Constitutional Court of 2015 in key aspects, however, the detailed study of certain provisions helps find out the shortcomings, which should be corrected for more effective use of the legislation by prosecutors. 

Keywords: suspension of investigation, re-inspection, reason for investigation, general supervision, breach of law, incident reason, information about a breach of law, Prosecutor, prosecutor's investigation, investigation notification

DOI: 10.7256/2454-0595.2017.9.24198

Abstract: The article studies the procedure of imposition of administrative responsibility for the breach of obligations in family relations. The research object is family and administrative relations begotten by the breach of obligations by family members. Administrative responsibility in family relations is aimed at legal protection of rights and legal interests of family members and other relatives and persons in cases and within the limits specified by the legislation of the Russian Federation. The author uses general scientific and specific research methods. The comparative-legal method is used to analyze the new and the old rules. The formal-legal method is also used. The author concludes that the Administrative Offences Code of the Russian Federation contains very few compositions connected with family relations. The author believes it is necessary to include the fact of improper parenting into the circumstance in proof in administrative proceedings involving juveniles. It must be noted that administrative responsibility in family relations hasn’t been studied properly so far, the author uses the materials of the only currently existing thesis research. 

Keywords: home conflict, administrative composition, obligation, administrative responsibility, relationship, other family members, family members, family, illegal actions, legal and administrative sanctions

DOI: 10.7256/2454-0595.2018.1.24227

Abstract: The article is devoted to the analysis of the provisions of the Adinistrative Court Procedure Code of the Russian Federation that relate to a new procedural institution, summary procedure on collecting mandatory payments and sanctions that is performed by the justice of the peace disregarding the amount of claimable sum. To obtain valid research results, the authors have used general research methods (dialectical method, systems approach, analysis, synthesis, analogy, specification, and generalisation) as well as special research methods (formal law and comparative law). The authors analyze the legal nature of relations arising in the process of paying mandatory payments and sanctions and study the two-step procedure of their collection through the court. In addition, the authors also focus on particular procedural questions related to the motion for judgement, requirements for the form and content thereof, grounds for refusal of such application and procedures of delivering, ussing, appealing against and cancelling a court order. As a result of their research, the authors conclude that the procedure of delivering a court order on collection of mandatory payments and sanctions proves to be efficent and summary procedures allow to optimize the caseload and reduce the 'costs' of the justice for initially indisputable requirements. The authors also suggest to view the question about the development of relevant administrative procedures in order to fully exclude indisputable requirements from the scope of judicial control. 

Keywords: summary procedure, simplified court proceedings, court order, mandatory payments, sanctions, Tax Code, justice of the peace, claimant and debtor, Administrative Court Procedure Code, administrative court proceedings

DOI: 10.7256/2454-0595.2018.8.24751

Abstract: The present article is devoted to the administrative regulation of family relations in the Russian Federation. The aim of imposing administrative responsibility in family relations is to protect the rights and legal interests of all family members in accordance with the law of the Russian Federation. The object of the research is the actual social relations that may arise in the process of state regulation of family and childhood. The subject of the research is the standards of administrative and family law that ensure efficiency of the legal regulation of family relations. In the course of the research Purge has used general research methods (philosophy, logics, gnoseology) as well as formal law approach that allows to define legal terms, classify them, interpret legal acts, etc. The main conclusion made by the author is that there is a certain need to extend the administrative regulation of family relations, in particular, the parent-and-child relations. The theoretical novelty of the research is caused by the fact that the author provides additional arguments that prove the need to reinforce administrative (public law) beginning in the legal regulation of family relations. The practical novelty of the research is caused by the author making suggestions de lege ferenda regarding efficient legal regulation of family relations. 

Keywords: property, the guardianship, family, parents, children, family relationships, administrative responsibility, relationship, realty, education

DOI: 10.7256/2454-0595.2018.4.24838

Abstract: The subject of the research is the registration of citizens at the place of their residence (or stay) in the Russian Federation as an institution of constitutional and administrative law. The aim of the research is to carry out an integral analysis of registration activity performed by internal affairs bodies in the sphere of migration, theoretical grounds of their independent status, and development of theoretical and practical recommendations on improving the Russian law in the aforesaid sphere. In her research the author analyzes the reasons why the current registration system does not fulfill the requirements for complete and valid data. In the course of writing her article the author has used both general research methods (analysis, synthesis, and analogy) and special research methods (comparative law method, for example). The rationale of the research is caused by the need to create a system of a better quantitative accounting of population in the Russian Federation compared to the current system of registration of citizens. At the present time there is a search for the best ways to improve the system of registration at place of residence (or place of stay) of citizens in the Russian Federation. This is a nettlesome issue for such a big country with vast territories, multinational population and a great number of constituents as Russia is. 

Keywords: administrative responsibility, city, town, accounting, place of abode, adress, registration, Constitution, law, act, society, Russian Federation

DOI: 10.7256/2454-0595.2018.3.26235

Abstract: The subject of the research is the customs control that is carried out as part of customs fomalities and defined by the author of the article as the basic customs control. Having analyzed modern trends of the law development in the Eurazian Economic Union, the author of the article determines special stages of entry of goods to and withdrawal of goods from the Eurasian Economic Union during which the basic customs control is performed. In her research Romanova focuses on the purposes and importance of the basic customs control and offers her own classification of the basic customs control based on successive stages of entry of goods to and withdrawal of goods from the Eurasian Economic Union. In her research Romanova has used such general research methods as dialectics, analysis and synthesis. In the course of her research Romanova has also applied special research methods such as comparative law, structured system approaches and systems analysis. The author's special contribution to the topic is her offering a new conceptual category of administrative law in relation to customs regulation, in particular, definition of the basic customs control. As a result of her research, Romanova proves her author's position that is based on the provisions of the Customs Code of the Eurazian Economic Union and states that there are certain stages of entry of goods and withdrawal of goods during which the basic customs control is performed. 

Keywords: customs and tariff regulation, national security, purpose of customs control, classification, stages, basic customs control, customs operations, customs control, prohibitions and restrictions, Eurasian Economic Union

DOI: 10.7256/2454-0595.2018.7.26983

Abstract: Under modern conditions administrative responsibility of cadastral engineers is a nettlesome issue. In her research Mikholskaya outlines legal issues that may arise in the process of applying the standards of administrative responsibility to cadastral engineers and their activity. She analyzes applicable judicial practice and particular terms for bringing cadastral engineers to administrative responsibility. The fact that there are no standard approaches to applying administrative sanctions to cadastral engineers in judicial practice proves the theoretical, methodological and practical importance of the matter and support the rationale of the research. In her research Mikholskaya has used methods of analysis of judicial documents and other official papers, description of specific features of delicta privata and transition from particulars to generals to make conclusions and suggestions. As a result of the research, the author describes particular features of administrative responsibility of cadastral engineers and proves the need to monitor judicial practice and carry out a complex analysis of legal enforcement errors that may be made in the process of the conduct of the proceeding. The author concludes that existing particularities of administrative responsibility of cadastral engineers relate to the process of initiation of proceedings as set forth by Article 14.35 of the Administrative Offenses Code of the Russian Federation. She also makes a conclusion that today's law enforcement practice does not solve the main problem, i.e. the need to apply administrative sanctions to cadastral engineers which is, obviously, be not conducive to improving the process of state cadastral registration. 

Keywords: cadastral works, Judicial practice, prosecutor, Rosreestr, cadastral engineer, cadastral activity, real property, state cadastral registration, administrative offense, administrative responsibility

DOI: 10.7256/2454-0595.2018.10.27426

Abstract: The subject of the research is the legal relations in road traffic safety. The object of the research is the social relations arising between drivers of vehicles, motorbikes, cycles, and executor of law. The aim of the research is to analyze the legal base that regulates the status of cyclists in cases when they are prescribed to move along the traffic way. The author analyzes the regulations and laws that confirm the movement of cyclists in aforesaid cases, experience of the foreign states in the legal confirmation of cyclist movements, and historical aspect of the legal regulation of the matter. The author pays attention to the contradictions of the current Rules and emphasizes the need to make amendments thereto. The methodological basis of the research includes philosophy, fundamental provisions of the theory of law and statehood, generalisation of practical experience and application of the methods of logical and system analysis. The scope of the application of the results covers law-enforcement activity of law bodies, educational process, and research activity on road traffic safety issues. The novelty of the research is caused by the practical and theoretical importance of the law enforcement issues related to the road traffic safety as well as the need to improve the legal mechanism of classification of administrative offences in this sphere. In conclusion, the author suggests to make amendments to the Road Traffic Rules of Russia and reduce the number of conflict points between road traffic participants by obliging cyclists to perform a safe crossing of the driveway and to dismount from a cycle when passing through road crossings that do not have ways for pedestrians and cyclists. 

Keywords: adjustment rules, enforcement, a conflict of norms of Rules, rules of the road, roundabouts, traffic order, the duties of a cyclist, the duties of drivers, the status of the cyclist, road safety

DOI: 10.7256/2454-0595.2018.11.28105

Abstract: The subject of the research is the legal regulation of the Far Eastern lands that are granted based on the rental and lending right. The object of the research is the actual problems that may arise in the process of regulation and implementation of the Far Eastern Hectare state policy. The authors examine such aspects of the topic as the absence of a proper control over observation of land regulations, imperfection of the To the Far East federal information system, vast 'grey zones' that do not allow to give out land pieces, absence of particular criteria when re-issuing a freehold land, and the problem of property pieces that have never been registered before. The methodological basis of the research involves general and special research methods such as analysis, induction, comparison, hermeneutical and dogmatic analysis. This is the first time when the gratuitous use institution is studied by a law researcher through the analysis of the law on the Far Eastern hectare which proves the novelty and importance of the research. In the course of their analysis of the Far Eastern hectare law, the authors raise important problems that may arise in the process of its regulation and implementation and offer their solutions, in particular: 1. To amend the laws regulating the use land resources of intended purposes by conducting routine inspections by competent authorities half a year; 2. To set forth criteria for purchasing a land piece at the end of a five-year term of the land use, or to apply the principle of the payable land use and to make necessary amendments to the provisions of a special law; 3. To increase the term of inspection of a land piece up to 60 calendar days; 4. to take measures to cover 'grey zones' that would allow to uncover more unoccupied land pieces.

Keywords: Government program, litigation, actual problems, legal regime, Far Eastern hectare, gratuitous use, land resources, Far East, national interests, regulatory regulation

DOI: 10.7256/2454-0595.2019.5.29093

Abstract: In this article Malinenko analyzes legal regulation and prospects for improving constitutions and statutes of the Russian Federation constituents in order to develop their legal ideal. The subject of the research is the legal provisions contained in constitutions and statutes of the Russian Federation constituents. The object of the research is the social relations arising in the process of developing constitutions and statutes of the Russian Federation constituents as the sources of constitutional law. The aim of the research is to improve constitutions and statutes of the Russian Federation constituents through developing their legal ideal. The methodological basis of the research includes general research methods with the focus on the dialectical method of analysing legal and social phenomena. The author's contribution to the topic is the creation and development of the legal ideal of constitutions and statutes of the Russian Federation constituents. Constituents and statutes of Russia's member states need to be harmonized as a single regional constitutional law. According to the author, the fact that there is no constitutional doctrine on this matter creates gaps and legal collisions. The main research conclusions prove the need in creation of the legal ideal of constitutions and statutes of the Russian Federation constituents. The researcher also emphasizes the need in creation of so-called living constitutions that would adjust legal provisions to the reality. The novelty of the research is caused by the fact that this is the first research to analyze the concept of 'legal ideal' of constitutions and statutes of the Russian Federation constituents and to acknowledge their important role as well as to emphasize the need to improve them which would promote democratization of the legal state and society and develop particular recommendations. 

Keywords: local governance, state body, legal ideal, Russian Federation, subject, statute, constitutional, state, perfection, development trend.

DOI: 10.7256/2454-0595.2019.3.29546

Abstract: The subject of the research is effective legal provisions, explanations of higher courts and law-enforcement practice, explanations of supervisory authorities and research concepts that deal with or are fully devoted to the terms 'advertisement' and 'advertising activity'. The author of the article analyzes definitions, relevance of these terms and make his own suggestions on what should be changed. The researcher particularly focuses on each specific feature of advertisement as these are described by the law. As a result of his research, the author emphasizes the need to amend the current definition of 'advertisement', exclude some features, reform and unify laws and explanations of supervisory authorites on the matter. The methodological basis of the research includes dialectical method, general research methods (analysis, synthesis, comparison) and special research methods (formal law method, systems approach, structural-functional, formal law method, comparative law method). The novelty of the research is caused by the fact that the author offers a new approach to the definition of advertisement that includes a detailed analysis of its special features. The researcher suggests to introduce new laws and change practice of supervisory authorities. The main conclusion of the research is that the current definition of 'advertisement' is out-of-date. The author points out what parts of the definition should be changed and what parts of the definition should be analyzed further to make a final definition. The researcher also emphasizes the need to add a new definition and particular laws concerning adivertisement taking into account current explanations of judicial and supervisory authorities. 

Keywords: Specific features of ads, Judicial practice, Information, Comparison, Relation, Urgency, Advertising activity, Advertisement, Definition, Administrative pratice

DOI: 10.7256/2454-0595.2019.4.29693

Abstract: The article is devoted to the analysis of particular issues that may arise in the process of legal regulation of carriage-by-sea contracts including termination and elimination of such contracts. The object of the research is the social relations arising in the process of conclusion and termination of carriage-by-sea contracts. The subject of the research is the provisions of maritime and civil law that ensure efficient legal regulation fo relations resulting from carriage-by-sea contracts. Solutions of aforesaid problems must become a priority for Russian legislator and contribute to the development of maritime law. In the course of the research Purge has applied both general research methods (adopted from philosophy and logic) and special law methods that allowed to analyze legal definitions and to make their comparison. The theoretical novelty of the research is caused by the fact that the author analyzes legal provisions and examples of judicial practice of the Russian Federation that regulate relations arising in the process of carrying cargo by sea. The practical novelty of the research is caused by the fact that the author makes particular recommendations on legal regulation of relations arising out of carriage-by-sea contracts concluded in the territory of the Russian Federation. 

Keywords: cabotage, term, consignment, charter, evidence, contract, transportation, cargo, maritime law, carrier

DOI: 10.7256/2454-0595.2019.6.30633

Abstract: The author of the article analyzes the legal nature of participation of prosecutor in administrative prosecution. Bezrukavaya suggests two forms of prosecutor participation, initiative (participation in cases initiated by prosecutor) and for the purpose of making a case report (when a case is initiated by other administrative authorities under applicable laws). The author offers a list of cases that should be referred to the cases of 'mandatory category'. The author focuses on the problems of legal regulation of prosecutor case reporting on administrative offences, describes its forms and contents. She also covers issues related to the arrangement of prosecutor participation in proceedings and procedure of creating such a case report. The author gives a sample of prosecutor case report on administrative offense. The main method used by the author in her research is the dialectical analysis. She has also used such research methods as systems analysis, logical analysis, comparative law method, statistical and formal law methods. The novelty of the research is caused by the fact that for the first time in the academic literature Bezrukavaya offers to define and prove two forms of prosecutor participation in administrative proceedings and give a list of cases that imply prosecutor participation including cases of 'mandatory category'. The author also makes provisions regarding prosecutor participation in a case, prepartion of a case report and systematizes issues subject to prosecutor evaluation and included in the contents of a case report.

Keywords: case report, organization, preparation for business, form of participation, supervision, administrative prosecution, participation, administrative offense, prosecutor, protest

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.

Keywords: police, prohibition, court decision, ïðàâà ÷åëîâåêà, protection of childhood, domestic violence, demography, restriction of rights, crime, misconduct

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.

Keywords: administrative responsibility, bill, attestation, accreditation, guide-instructor, guide-interpreter, guide, tourism law, permit system, excursion services

DOI: 10.7256/2454-0595.2020.4.32596

Abstract: This article makes an attempt to describe the peculiarities of regulation of urban development decisions and management in the sphere of urban development, as well as determine contradictory mechanisms of protection of the rights of landholders through restitution for damages in terms of modification of a number of urban development documents. The subject of this article is the theoretical and legal grounds of the activity of prosecutorial authorities in supervising the execution of laws in the sphere of urban development. The object of this research is the legal relations established in the process of organization and realization of prosecutorial supervision in the indicated sphere. The goal consists in the analysis of correspondence of legislation in the sphere of urban development based on the existing theoretical provisions of organization and realization of prosecutorial supervision. The author used the method of analysis of the documents and official materials, determination of peculiarities in the area of land management and urban development, taking into account normative regulation of the documents of land use planning. The scientific novelty consists in the proposed formulation of substantiated recommendations on the unified legislative regulation of the questions of restitution for damages to landholders as one of the mechanism of protection of rights of the proprietors in terms of modification of a number of urban development documents. It is underlined that the prosecutors should account the shortcoming made by the authorities of urban development administration in implementation of the functions on elaboration of the documents of land use planning. The author gives recommendations to the prosecutors that can be applied in evaluating the lawfulness of such documents. In conclusion it is noted that despite the dynamic development of Russian legislation, there is currently no effective means for protection of rights of the landholders in terms of modification of the documents of urban development zoning, which acknowledges the need for further improvement of legislation in this sphere.

Keywords: protection of rights, compensation, compensation for damages, land plot, territorial planning, urban planning, Prosecutor's supervision, Prosecutor, urban planning document, cadastral value

DOI: 10.7256/2454-0595.2020.6.33634

Abstract: The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.

Keywords: separation of powers, federalism, corruption, state service, state office, prohibitions, limitations, Constitution of the Russian Federation, foreign financial instrument, conflicts

DOI: 10.7256/2454-0595.2022.2.37671

Abstract: The article raises the problem of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages, applied in the norms of administrative law establishing responsibility for the illegal dissemination of various types of socially significant information. By a detailed analysis of the elements that make up the studied concept, its meaning is revealed. The author analyzes the main theoretical approaches to the content of these elements in various branches of legal science. The article outlines the problems of applying the norms of administrative law that establish responsibility for the illegal dissemination of various types of socially significant information. These problems are related to the lack of a legal definition of the concept of deliberately unreliable information distributed under the guise of reliable messages. The author has established the absence in science and judicial practice of a unified approach to the content of the sign of obviously unreliable information disseminated under the guise of reliable messages. The author distinguishes the concept of obviously unreliable information from other related categories. Conclusions are formulated about the need to disclose in the law the content of the concept of unreliable information, which is a fundamental element of administrative offenses that establish responsibility for the illegal dissemination of various types of socially significant information, as well as the need to fix in the law the content of the construction "obviously unreliable information disseminated under the guise of reliable messages". The article presents the author's approach to the formulation of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages.

Keywords: differentiation of concepts, the composition of an administrative offense, meaning of the concept, intent, HRC RF, administrative responsibility, socially significant information, Administrative Code of the Russian Federation, false information, obviously unreliable information

DOI: 10.7256/2454-0595.2015.1.13987

Abstract:

DOI: 10.7256/2454-0595.2015.1.65987

Abstract: Several decades have passed since the beginning of the process of privatization in Russia, but the disputes are still taking place about its legitimacy, reasonability and legal consequences. The topic of privatization is becoming even more important within the discussions of its “second wave”. Privatization today is aimed at reduction of the state role in market processes, decrease of the state property, and involvement of additional funds into the budget. This article is devoted to a brief analysis of the problem mentioned. The methodology of the article is based on the general scientific and the special scientific methods of social processes cognition. The author uses the system-structural, comparative-legal, historical, logical, and formal-logical approaches. The use of these approaches allowed the author to study the problem in coherence, consistency, comprehensively and objectively. The importance of this problem consists of the fact that the modern legal regulation should conform to the changing legal relationship and take into consideration the former mistakes. But at present the issues of privatization are regulated by the normative acts which had been adopted more than ten years ago, and the state policy in this sphere practically has not changed.

Keywords: privatization, legality, state regulation, state property, municipal property, mortgaging auction, competition, monopoly, property management, protection of competition.

DOI: 10.7256/2454-0595.2018.10.27785

Abstract: Having analyzed current approaches of administrative law to defining control and supervision, the author describes the administrative content of and the borders of control and supervisory activity of the State Traffic Police as the guarantee of legality, relates it to administrarive jurisdictional activity and offers a definition of the legal basis of legality of supervisory and control activity performed by the State Traffic Police of the Ministry of Internal Affairs of Russia. The methods used by the author include formal law, comparative law, formal logic, and particular sociological method. The methodological basis includes materialist dialectics as a general research method. The main conclusions of the research are the following. The first group consists of acts that regulate social relations which protection and reproduction are under the competence of the State Traffic Police of the Internal Affairs of Russia, in particular, acts that regulate the activity of a controllable and supervised road traffic safety object; and acts that impose responsibility for violation or failure to comply with the requirements by participants of legal relations. The second group consists of acts that enforce powers of authority of the State Traffic Police inspectorial staff as a controllable object. In partciular, acts of this group create the basis for the decision making process about the state of a controllable object and legality of all further actions thereof. 

Keywords: official person, civil society, legitimate interest, administrative offence, legislation, activity, legality, management, supervision, control

DOI: 10.7256/2454-0595.2018.8.27301

Abstract: The aim of this research is to compare facts, conditions, information from the world of blockchain, and legal facts from the real life. Particular features of the blockchain technology is the absence of a special actor, managing mediator (state). This is the reason why blockchain is such an interesting technology for state administrators. Neither Russian nor foreign law has developed legal aspects of applying the blockchain technology in state administration. The present research offers a fresh approach to the issue. The methodological basis of the research is a set of general and special research methods, in particular, philosophical, formal law and comparative analysis. Garaev extends the philosophical term 'fact' to the blockchain conditions, offers his own classification and defines essential features of facts, conditions, blockchain information, and compares them to legal facts. In a blockchain, facts may be classified as events or actions. Blockchain facts may mean phenomena that exist in the world of blockchain, and legal facts. Facts created in a blockchain may become legal facts. However, legal regulation is necessary to recognize blockchain information as a legal fact. Blockchain facts cannot be divided into legal or illegal as legal because they are created by a certain algorithm but not social relations. Still, information and facts taken from the blockchain may be recognized as legal or illegal facts. Since the blockchain technology is built on algorithms, it needs standardization. Legal regulation is still needed in cases of recognition of legal facts created on the basis of blockchain as compliant with a certain established standard. 

Keywords: agreement, decentralization, condition, fact, oracle, legal facts, blockchain, management, administrative law, legal regulation

DOI: 10.7256/2454-0595.2019.4.29832

Abstract: In this article Kolomytsin analyzes the main issues of enforcement proceedings resulting, first of all, from high social importance of enforcement, its place and role in the Russian law system that has been going through radical transformations lately. Enforcement improvement issues have been under careful attention of legislative, executive, judicial authorities, academic community and individuals who perform law enforcement activity. Today there is much concern about interaction and mutual enrichment of science and practice of enforcement proceedings in the process of improvement of executive proceedings in the Russian Federation. The methodological basis of the research includes general methods such as systems approach, structure analysis, and special methods such as synthesis, analysis and problem-oriented approach. For purposes of better legal regulation of enforcement relations, the author recommends to reform the entire legislation system in the first place and enforcement proceedings in particular, as one whole, eliminating all collisions and gaps. A logical outcome of such research should be codification of legal standards regulating relations that arise in the process of court enforcement procedures, i.e. issuance of the Penal Code of the Russian Federation. There is also the need to analyze opportunity of creation an institution of court proceedings that would work together with courts and fix this institution at the legislative and organizational levels. at the same time, there is no need to change the current model of court enforcement proceedings but preserve the institution of the Federal Bailiff Service, however, re-distribute powers and competences within the service. In other words, the author recommends to create a judicial administrative model of compulsory execution of judicial acts and other documents. 

Keywords: executive ñode, principle of phase, debitor, legal process, codification, Bailiff, enforcement, enforcement process, preclusive, administrative model

DOI: 10.7256/2454-0595.2019.5.30567

Abstract: The subject of the research is international, foreign and Russian laws as well as policy papers and projects aimed at developing legal regulation of artificial intelligence, robots and robotics in the sphere of social relations. The object of the research is the social relations that promote development and implementation of artificial intelligence technologies in the social sphere of public management. In her article Lapina analyzes possible spheres of social relations that already imply artificial intelligence technologies and robotics, defines terminological problems that explain the fact why there is no single approach to legal regulation of artificial intelligence, robots and robotics, and makes suggestions on how to improve the law in the sphere of artificial intelligence technologies. The methodological basis of the research implies expert and case analysis, legal methods and structural analysis. At the end of the research the author concludes that as a result of significant differences in definitions of terms and kinds of artificial intelligence, robots and robotics, it is necessary to develop the main principles of legal regulation that would be applicable to all kinds of artificial intelligence and robots. Legal regulation of particular kinds of artificial intelligence and robots should be developed based on concrete technical standards because different devices need different rules and regulations.

Keywords: weak artificial intelligence, technical regulation, principles, social relations, robotics, robot, Artificial Intelligence, legal regulation, digital economy, digital government

DOI: 10.7256/2454-0595.2017.1.20446

Abstract: The research subject is the issues of legal and organizational regulation of territorial organization of local governance according to the Federal Law No 131. The research object is the issues of territorial organization of local governance in the Russian Federation at the present time. The author analyzes the current practice of territorial organization of local governance in the context of the recent introduction of a new type of municipal entity – an inner city. The scientific literature analysis helps define the key problems of legal regulation of territorial organization of local governance. The main attention is given to the development of unified legislative approaches to municipal units. The author applies general philosophical and theoretical methods (analysis, synthesis, system approach, analogy, induction and modeling) and traditional methods of jurisprudence (formal-logical). The author concludes that at the present time, the exhaustive list of municipal entities, proposed by the federal law, requires further improvement of approaches to their territorial organization aimed at uniformity ensuring. The author reveals the necessity to ensure the uniformity of criteria and approaches to municipal entities. The author develops the proposals about the further improvement of the legislation, particularly, he proposes the rule for the local issues of a rural settlement regulation and defines the additional criterial of inner cities distinguishing. 

Keywords: rural settlements, municipal entities' status, urban district, municipal entities' criteria , uniformity of approaches, problems of organization , local issues, inner cities' criteria , municipal entity, local governance

DOI: 10.7256/2454-0595.2017.4.22091

Abstract: The research subject is the set of legal provisions defining the actions of officials aimed at customs debts collection. The research object is legal relations in the process of the application of customs legislation by customs agencies. The topicality of this research consists in the analysis of the procedure of customs debts collection and the problem aspects of law enforcement: taking interim measures for customs debts collection – arrest and suspension of operations on the payer’s accounts; ineffectiveness of the mechanism of forced sale of property via government agencies; results of distrainment of other property.  The author offers the variants of solution of problem situations, elimination of contradictions, and formulates the conclusions. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, normative-logical and comparative). The author analyzes the activity of court bailiffs aimed at forced collection of customs debts and taxes, forced sale of property, and application of interim measures for customs debts collection. The author suggests transforming and changing legal regulation of customs debts collection, and adapt it to the current social relations. The author substantiates the necessity to change the legal norms regulating the introduction of interim measures for debts collection, to substitute the procedure of payer’s bankruptcy for the process of debt collection using other properties of the payer; to refuse of such an interim measure as seizure of property; to improve the formulation of the provisions regulating debts collection. 

Keywords: bailiff, forced collection, suspension of operations on accounts, seizure of property, interim measures for debts collection, customs payments, law Appliances, sanction of procurator, evaluation, market price

DOI: 10.7256/2454-0595.2018.4.26568

Abstract: The subject of the research is the official websites of municipal units in England and Canada and particular features of posting municipal acts there. The research involved methods of continuous and sampling observation depending on different criteria: title of the website sector that contains municipal acts, location of a sector containing municipal acts on a municipal unit's website, methods of displaying acts in a sector, search box for quick search inside a sector, quantity of located acts, date of the first and last acts, and others. The author has applied the dialectical method as well as the system structure, formal law and other methods of research. The results of monitoring of openness and accessibility of municipal acts on official sites of England and Canada demonstrate that in Canada the majority of municipal acts is demonstrated on official sites of municipal units. At the same time, all municipal units, especially within one province, lack the single method of act location. Unlike Canada, the majority of official sites of municipal units in England do not post municipal acts at all. Despite the fact that openness and accessibility of information about activity of state and municipal authorities is quite a nettlesome issue today, especially for the global society, in reality most of the questions that relate to openness and accessibility of municipal units remain unregulated. 

Keywords: citizens' rights, municipality, municipal formation, publication, access to information, municipal legal acts, accessibility, opennes, legislation, monitoring

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.

Keywords: dispute resolution, IP commercialisation, IP management, national strategy, intellectual rights, intellectual property, patent, Singapore, ASEAN, WIPO

DOI: 10.7256/2454-0595.2017.3.22334

Abstract: The paper studies Russian statutory instruments regulating the procedure of conflicts of interest prevention and management by the head of a municipal unit and a city district. The authors consider such aspects of the topic as the formalization of the responsibility of the head of a municipal unit to inform about personal interest in official duties, which causes or can cause the conflict of interest, and the problems of performance of such a responsibility. Special attention is paid to the analysis of the possible directions of development of federal legislation related to the procedure of informing about the conflict of interest by the highest officials of municipal units and city districts. The authors apply the dialectical method of cognition, and the system-structural, formal-logical and other methods. The authors conclude about the lack of normative formalization of the procedure of reporting about the conflict of interest by the highest officials of municipal units and city districts. The official (body), which should be informed, the terms, the form, the procedure, and the results of consideration of such reports haven’t been regulated. At the same time, the failure to perform such a responsibility is the reason for the resignation of the highest official of a municipal unit or a city district. The authors consider different variants of possible behavior of the highest official of a municipal unit or a city district in case of the situation of the conflict of interest, and offer the ways to eliminate this legal gap. 

Keywords: procedure of informing, conflict of interest, local self-government, head of a municipal unit, management, informing , prevention of corruption, struggle against corruption, highest official, representative body

DOI: 10.7256/2454-0595.2017.12.24877

Abstract: The research subject is normative regulations about administrative responsibility of bankruptcy commissioners: blanket rules contained in the parts 3 and 3.1 of the article 14.13 of the Administrative Offences Code of the Russian Federation in their system interrelation with other provisions of the Code and regulative provisions of bankruptcy legislation. The author studies and generalizes legal positions of the Constitutional Court of the Russian Federation and the vast judicial practice on the most important issues of administrative responsibility of bankruptcy commissioners. The author uses the set of methods of cognition used in the modern science, including the dialectical and materialistic method and the related general and specific scientific methods and general logical techniques (abstraction, analysis, synthesis, analogy, generalization, etc.). As a general scientific method, the author uses system analysis, as specific scientific methods – special-juridical and historical-juridical methods. The author substantiates the range of new changes in legislation on administrative responsibility of bankruptcy commissioners: 1) refusal of blanket composition of delictual rules and formalization of the system of compositions, which would properly differentiate offences and punishments for them; 2) formalization of alternative sanctions on all differentiated compositions of crimes or the possibility to impose punishments beyond the sanctions described in the provisions of the Special part of the Administrative Offences Code; 3) preservation of disqualification for gross and repeated infringements and infringements causing damage; 4) radical reduction of reasons for initiation of administrative procedures; 5) change of admissibility of cases. 

Keywords: bankruptcy, retraining, blanket rule, insignificance, proportionality, disqualification, bankruptcy commissioner, administrative offense, alternative sanctions, fine

DOI: 10.7256/2454-0595.2018.11.28076

Abstract: The subject of the research is the legal provisions that regulate the legal status of students of the Suvorov Military Schools of the Ministry of Internal Affairs of Russia. The aim of the research is to analyze the administrative and legal status of Suvorov cadets and to improve the legal regulation thereof. The novelty of the research is caused by the practical and theoretical importance of the problem for the activity of Suvorov Military Schools of the Ministry of Internal Affairs of Russia. The methods used by the author include formal law, comparative law and formal logic analysis. The methodological basis includes philosophy, practical experience, and methods of logical and systems analysis. As a conclusion, the author offers her own definition of the Suvorov Cadet, analyzes the issues that may arise in the process of regulation of the administrative and legal status of students of the Suvorov Military Schools of the Ministry of Internal Affairs of Russia and offers solutions such as to make amendments to Clause 1.1 of Part 1 of the Annex to the Decree of the Ministry of Internal Affairs of Russia No. 514 of May 16, 2012 regulating the payment for Suvorov cadets' travel on vacations and amendments to the Decree of the Ministry of Internal Affairs No. 1150 of November 155, 2011, i.e. to extend the list of individuals covered by the decree who are entitled to receive compensation for daily expenses and living expenses during competitions, military patriotic trips, military festivals, etc.  

Keywords: specifics of the status legal status of Suvorov cadets, the charter, the rights of Suvorov cadets, duties of Suvorov cadets, Suvorov cadets, students, the students of the Suvorov military schools of the Ministry of Internal Affairs of Russia, administrative and legal status, special legal status, the general education organizations of the Ministry of Internal Affairs of Russia

DOI: 10.7256/2454-0595.2019.6.30935

Abstract: This article is devoted to the study of conceptualization of the concepts of "migration" and "migration process" in legal science. The paper substantiates the author's definitions of these concepts. Subject of research: social relations associated with the processes of migration (external and internal). The object of the research is the norms of international and national Russian law regulating legal relations in the field of migration processes. The purpose of the study is the following: from the standpoint of legal methods of studying migration relations to analyze the degree of conceptualization of the concepts of “migration” and “migration process” in domestic and foreign legal science.The authors of the article use a number of research methods such as analysis; synthesis; formal-logical; comparative-legal; classification; interpolation; extrapolation; historical. Objectives of the study are: 1) to analyze the theoretical foundations of the concept of migration (in Russian and foreign scientific literature); 2) to explore the legal basis of the concept of migration (international and Russian legislation in the field of regulation of migration processes); 3) develop and justify the author's definition of "migration"; 4) develop and justify the author's definition of the notion "migration".

Keywords: ethnic, internally displaced persons, refugees, demography, conceptualization, legal science, migration, population, state, Russian Federation

DOI: 10.7256/2454-0595.2020.4.32727

Abstract: The object of this research is social relations emerged on the basis of administrative-legal norms, which regulate the aggregate of administrative offences. The subject of this research is the scientific literature, normative legal acts and law enforcement practice related to the concept of the aggregate of administrative offences. The author examines approaches of the scientists of various law schools to the concept of aggregate of administrative offences, its development and transformation in time. The author indicated the flaws in the current administrative legislation in part of the absence of legislative consolidation of the concept of “aggregate” of offence, which results in occurrence of a number of problems. The article explores the legal norms that regulate aggregate of offences in administrative legislation of the Russian Federation. A comparative analysis is conducted on consolidation of the aggregate of offences in administrative and criminal law. The scientific novelty is defined by upcoming changes in administrative legislation. This is the reason why improvement of the Code of Administrative Offences of the Russian Federation with regards to regulation of the question of the aggregate of administrative offences gains more relevance. A conclusion is made on the need for establishing in law the unified detailed definition of the “aggregate” of administrative offences, which would allow ensuring more effective application of legal norms. A need is also underlined for the need of legislative consolidation of such feature of offences that are a part of the aggregate as “absence of bringing to accountability for earlier commission of an unlawful act”.  

Keywords: administrative punishment, criminal law, administrative law, set of offenses, multiplicity, administrative offense, administrative responsibility, legal norm, real aggregate, ideal aggregate

DOI: 10.7256/2454-0595.2018.1.24648

Abstract: The article is devoted to the analysis of problems that arise in the process of the legal regulation of the free customs zone procedure in advanced development territories and Free Port of Vladivostok. The subject of the research is the combination of legal acts that regulate free customs zone procedure as well as theoretical concepts that can be found in the academic literature concerning the implementation of this cutoms procedure. The aim of the research is to define borders for regulating the free customs zone procedure and define problems that arise in the process of implementing this customs procedure in aforesaid territories and offer certain solutions of these problems. In the course of the research the author has used such research methods as dialectical method, analysis, synthesis, deduction, formal law method and comparative law method to compare the provisions of the national legislation. As a result of the research, the author defines principles for the legal regulation fo the free customs zone procedure that include national security principles, keeping a balance between public and private interests, supranationalism, clarity and the principle of conditional release from customs payments. The author also defines that the main directions for improving the legal regulation of the aforesaid customs procedure advanced development territories and Free Port of Vladivostok should be filling in legal gaps and elimination of law collisions in legal acts, simplification of the order for imposing the free customs zone procedure on goods and acceleration of associated customs operations. As a result of the research, the author gives recommendations on changes that should be made in the customs law. Theoretical concepts and practical recommendations offered by the author may contribute to the development of administrative science and customs law. 

Keywords: Eurasian Economic Union, advanced development territories, Free port of Vladivostok, free customs zone, customs procedure, customs control zone, acsise goods, ad valorem rule, law gap, law collision

DOI: 10.7256/2454-0595.2017.6.23327

Abstract: The research object is social relations in the sphere of creation and implementation of the system of social guarantees for former public officials in the regions of the Russian Federation. The authors consider such aspects of the topic as the guarantees of pension rights of former public officials in the regions of the Russian Federation and the problem of compensation payments to this category of citizens, who have retired on their own volition or upon the expiration of the term of office. Special attention is given to the analysis of the legislation of particular regions of the Russian Federation, which have different approaches to formalization of such guarantees or their particular elements. The research methodology includes general scientific methods of dialectical materialism, generalization and analysis, and specific historical method and the method of comparative jurisprudence. This work is one of the first attempts to study the institution of social guarantees for former public officials in the regions of the Russian Federation with regard to the latest changes in the legislation and law enforcement practice in this sphere. The authors formulate the substantiated and reliable conclusions and proposals about the further improvement of legal regulation of this sphere of social relations. 

Keywords: court, position, resignation, payments, fight against privileges, retirement, legislation, public office, financial guarantees, regions of the Russian Federation

DOI: 10.7256/2454-0595.2019.4.30200

Abstract: The object of the research is the abuse-of-right phenomenon. The subject of the research is application of regulatory standards that regulate abuse of right used to resolve disputes and complaints concerning internal procurement of goods, works and services. The authors focus on the analysis of law-enforcement practice of Russia's Federal Anti-Monopoly Service that apply provisions of Article 10 of the Civil Code of the Russian Federation in cases unsolvable by direct statutes, of whether it is possible to apply these provisions by other parties besides courts, arbitration courts and referees courts. The methodological basis of the research includes general and special research methods such as analysis, induction, comparison, hermeneutical and legal dormatic analysis. The scientific novelty of the research is caused by the fact that the authors analyze practical implementation of Article 10 of the Civil Code of the Russian Federation by Russia's Federal Anti-Monopoly Service from the point of view of legality and reasonability of such actions as well as their compliance to the definition of abuse of right. The main conclusions of the research are the following: Article 10 of the Civil Code of the Russian Federation is applicable in cases when particular legal provisions of federal laws are violated meanwhile abuse of right lies outside legal provisions and formally does not violate them (and when it does, actions should be qualified as offences). Contents of Article 10 of the Civil Code about 'other form' and 'other measures' create incidents when provisions are applied by unauthorized entities such as Russia's Federal Anti-Monopoly Service. The authors believe it is illegal to apply other consequences of abuse of right not covered by Article 10 of the Civil Code of the Russian Federation, in particular, to charge customer to review applications for participation in internal procurement. 

Keywords: law enforcement practice, entity, state procurements, FAS Russia, Judicial authorities, legal liability, administrative offense, abuse of right, legal measures, antitrust laws

DOI: 10.7256/2454-0595.2021.1.33743

Abstract: This article addresses the questions of prosecutorial assessment of the validity of territorial planning documents and allocation of the facilities for minors. The need to take into account violations in development of the territorial planning documents is substantiated. The subject of this research is the theoretical and legal framework of prosecutorial supervision over the execution of laws in the area of urban planning. The object is the legal relations established in organization and implementation of prosecutorial supervision in this sphere. The goal is set to analyze the conformity of urban planning legislation based on the existing theoretical provisions on organization and implementation of prosecutorial supervision. The novelty of this work lies in formulation of recommendations of evidence-based recommendations on observance of rights and legitimate interests of minors, which can be ensured directly in building and reconstruction of the facilities designated for educational institutions, and indirectly – through optimization of allocation of the objects of residential construction, transport and utility systems, beautification of cities, improvement of the state of urban environment. The need is substantiated for intensification of prosecutorial oversight in this regard, including the use of relevant achievements in the theory of prosecutorial activity and scientifically grounded methodological recommendations on interrelated directions of oversight activity. In conclusion, it is noted that in the conditions of expansion of urban construction, prosecutorial branches should implement preventive supervision and measures for remedying violations; an important factor for the effective oversight in the indicated sphere is the knowledge in various branches of law (urban planning, land, environmental, budget, civil, etc.).

Keywords: land plot, territorial planning, urban planning, protection of the rights of minors, minor, effectiveness of urban planning, Prosecutor's supervision, Prosecutor, urban planning document, integrated approach

DOI: 10.7256/2454-0595.2021.5.36237

Abstract: The object of this research is the legal relations in the sphere of regulation of personal data security in the financial and banking sector of the People's Republic of China. The characteristics is given to the current legislation of China (Civil Code, Personal Information Protection Law, and Cybersecurity Law), existing or draft bylaws in the field of personal data security. Attention is given the second revision of the draft law on personal information protection, as well as determination of the institutional mechanism for ensuring personal data security. The article examines the peculiarities of regulation of relations in the sphere of ensuring personal data security in the financial and banking sector, as well as characterizes  the role of the financial regulator in this mechanism. The development of the mechanism for personal data protection is at completion stage; besides the adoption of the Civil Code of the People's Republic of China, which establishes the framework for regulation, two of the three special laws – Personal Information Protection Law and Cybersecurity Law – have already been adopted. The flagship law on Personal Information Protections is expected to be adopted by 2021. The aforementioned laws encompass all spheres of information security and ensure strong data protection regime: outline the scope of regulation, objects and subject composition, responsibility, and institutional control mechanism. The legal regime covers such aspects of relations as personal data of deceased persons, persons with reduced capabilities (due to age and health), as well as transnational data transfer. At this point, the financial and banking sector features a number of bylaws that set strict standards for ensuring personal information protection. The leading role in this mechanism is played by the financial regulator – the People's Bank of China. The standards adopted by the People’s Bank of China require further examination, which would allow formulating recommendations for the improvement of the Russian legal system.

Keywords: data security, legal mechanism, financial regulator, China, cross-border data transfer, personal information, personal data, big data, liability, personal data operator

DOI: 10.7256/2454-0595.2017.1.20458

Abstract: The research subject is one of the mechanisms of ensuring the rights of business entities in the procedure of government control and supervision over them, particularly the institution of objections against inspection certificates or orders to rectify violations. The author considers such aspects as the role and place of objections of the controlled object within the system of legal relations in the sphere of control and supervision, and its legal nature. Special attention is given to the objectivity principle of control and supervision activities. The research methodology is based on general scientific methods including system, comparative, statistical methods, analysis and synthesis. The scientific novelty of the study consists in the revelation of the essence of the institution of the controlled object’s objections in the context of the current administrative reform and in the analysis of its legal nature from the position of the general law theory and sectoral regulation. The author proposes the necessary changes to the current legislation which could help improve the controlled objects’ guarantees and increase the effectiveness of the control and supervision system. 

Keywords: administrative reform, objectivity principle, inspection certificate, objections, government supervision, government control, legal relations, administrative law, government regulation, legal dispute

DOI: 10.7256/2454-0595.2017.10.24121

Abstract: The research subject is the changes that have been introduced into the Federal Law “On the Prosecution Service of the Russian Federation” dealing with the involvement of specialists by a prosecutor during checks of compliance with laws. The author notes that legislative novels dictate new tasks to prosecutors, since the position of the Constitutional Court has changed the role of bearers of special knowledge and shifted it towards expert and analytical assistance to prosecutors. The author uses various research methods, including the comparative-legal, which help achieve the research tasks. The scientific novelty consists in the fact that the article is the first to study the institution of involvement of a specialist for checks of compliance with laws by prosecutors in the context of the new realia. The author emphasizes that due to the current changes, it is necessary to elaborate new approaches to the application of special knowledge in prosecutors’ work. It requires serious scientific consideration. 

Keywords: results of investigation, prosecutor's supervision, prosecutor's investigation, prosecutor, general supervision, compliance with laws, expert opinion, specialist, special knowledge, prosecutor's request

DOI: 10.7256/2454-0595.2018.10.27865

Abstract: This article is devoted to the legal regulation of the administrative procedure for marriage registration in the Russian Federation and some Islamic countries. The author pays special attention to the description of the conditions for marriage registration and comparative analysis of these conditions in Russia and Islamic countries. The object of the research is the actual social relations arising as a result of marriage registration in the Russian Federation and some Islamic countries. The subject of this research is the legal provisions of administrative, family and civil law that ensure efficiency of the legal regulation of the aforesaid relations. In the course of the research the author has used general research methods (philosophy and logics) as well as comparative law and formal law approaches that allow to create a legal definition and carry out a comparison thereof. The main conclusion fo the research is that it is possible to extend conditions for marriage registration in a particular Russian Federation constituent in accordance with religious traditions of individuals inhabitting the territory. The theoretical novelty of the research is caused by the fact that the author carries ot a comparative anlaysis of the legal provisions of the Russian Federation and Islamic countries that regulate the aforesaid relations. The practical novelty of the research is caused by the fact that the author makes particular suggestions regarding the legal regulation of the marriage registration in the Russian Federation taking into account the experience of Islamic states. 

Keywords: voluntariness, incapacity, polygamy, monogamy, marriageable age, Islam, conditions of marriage, marriage, registration of marriage, official marriage

DOI: 10.7256/2454-0595.2018.8.27332

Abstract: The author of the article offers his own classification of time periods in the formation and development of the public control as a legal category. In particular, he describes the following stages: 1. the era of slave-owing socioeconomic formation; 2. the era of feudal socioeconomic formation; 3. the era of capitalist socioecnomic formation; 4. socialist-oriented states; 5. globalization era. In his research Goncharov analyzes the views of Russian and foreign philosophers and lawyers, state, political and religious figures of different historical eras on the legal nature of the public control as a legal category, as well as the way it is fixed by the law. In the course of his research Goncharov applies the following research methods: comparative law, historical, formal law, statistical, and sciological research. This article is devoted to some issues that relate to the legal nature of the public control of power (its constitutional law analysis). The author carries otu an analysis of the public control in the pre-state period of the society as well as in the era of national states. He also studies abilities of individuals to control over social power in the pre-state era. 

Keywords: political classes, individual, state, people, constitutional, legal nature, public control of power, globalization, rights, freedoms

DOI: 10.7256/2454-0595.2018.4.26600

Abstract: The author of the article analyzes participation of prosecutor in administrative court proceedings. In her article Bezrukavaya discusses the views of leading academics regarding the subject of prosecutor's supervision. She differentiates between the subject of prosecutor's supervision and the subject of prosecutor participation in court proceedings, defines general and special components of the subject of relevant prosecutor's activity, and touches upon particular features of the subject of prosecutor's participation in individual categories of administrative proceedings as well as that at different stages of court proceedings. The author also gives a list of means of prosecutor's response to violations that may be discovered in the course of proceedings. The research is based on the dialectical research method, and the author also applies the following methods: systems analysis, logical analysis, comparative law analysis. The novelty of the research is caused by the fact that for the first time in the academic literature Bezrykavaya defines the subject of prosecutor's participation in administrative proceedings and defines general and special components thereof. For the first time in the academic literature the author also offers a list of prosecutor's responses to violations that may be discovered during proceedings. As a conclusion, the author emphasizes the theoretical and practical importance of defining the subject of relevant prosecutor's activity and underlines the need to apply means of prosecutor's responses described herein. 

Keywords: violation, participate in the proceedings, the subject, administrative offence, court, prosecutor, legitimacy, supervision, means of reaction, protest

DOI: 10.7256/2454-0595.2020.2.32131

Abstract: The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.

Keywords: examination vehicle, candidate drivers, driving training, examiner, vehicle management, examination, legal status, road safety, traffic police, responsibility

DOI: 10.7256/2454-0595.2017.4.22466

Abstract: The paper considers incentives for public servants and the legal provisions regulating the cases of their use. The authors consider different aspects of the concept of incentives for public servants, study the normative grounds for incentive measures, and focus on the most controversial issues of this legal institution. The authors substantiate the intersectoral nature of the institution of incentives for public servants. For the purposes of the research, the authors study not only the federal legislation, but also the statutory instruments of the territorial units of the Russian Federation. The authors apply the dialectical method of scientific cognition, the formal-legal and the comparative-legal methods. The authors also use analysis and synthesis, deduction and induction, and the philosophical principles of unity and struggle of opposites and transition of quantity into quality. 1. The institution of incentives for public servants can be considered in three aspects. Firstly, as an intersectoral and functional institution of stimulation of public servants. Secondly, as an incentive sanction provided by the norms of administrative or constitutional law. Thirdly, as a process of application of incentive measures to public servants, which is a form of the law enforcement process. 2. A sanction-incentive is a structural element of law, formalizing the quantitative and qualitative characteristics of the measures of positive legal responsibility, aimed at the implementation of the regulation contained in the disposition of a legal norm. 3. The institution of incentives for public servants is the set of legal norms (of constitutional and administrative law), regulating the procedure and the grounds for incentive measures for public servants, which is based on the incentive method of legal regulation, equal legal relations, coordination and subordination. 4. To use incentive measures for public servants, it is necessary to have factual and formal grounds. Formal grounds are formalized in federal laws, Presidential decrees, legislation of the units of the federation, subordinate legal acts, and local acts. 5. The factual reason for encouragement is lawful behavior of a public servant. Lawful behavior of a public servant is his/her deed (activity), which is in compliance with the provisions of the Constitution of the Russian Federation and legislation on public service, meeting the interests of the society and the state, and is realized by means of incentives and restrictions. 

Keywords: Institution of incentives, Incentive norms, grounds for encouragement , merit, types of incentives, incentive, public servant, public service, legal regulation, Incentive sanctions

DOI: 10.7256/2454-0595.2018.1.24831

Abstract: The subject of the research is the legal acts of different legal power that regulate the grounds and extent of competences assigned to migration subdivisions as part of internal affairs authorities of th eRussian Federation. The authors of the article also share their opinion regarding the entire internal affairs system of the Russian Federation. The authors view the subject matter from the point of view of the legal regulation of migration subdivisions' competences taking into account the current internal affairs system of the Russian Federation, analyze opportunities and efficiency of their implementation at the stage of reformation of Russia's Ministry of Internal Affairs structure. The research is based on the analysis of the history of migration authorities developent, applicable legal acts and regulations, their comparison, discovery and description of certain problems that may arise in the process of legal regulation of competences of the aforesaid subdivisions created and functioning at different territorial levels of the internal affairs bodies of the Russian Federation. The main results of the research include description of special competences of migration subdivisions at different levels of state management, particlarities of the legal regulation of their competences and activity arrangement,  problems the Ministry of Internal Affairs faces and their solutions. The novelty of the research is caused by the fact that so far there have been no integral researches of the legal regulation of powers and migration subdivisions' activity arrangement under the conditions of reformation of Russia's Ministry of Internal Affairs structure. Conclusions made by the authors may be applied for improving the legal basis that regulates the legal position and migration subdivisions' activity arrangement at internal affairs bodies of the Russian Federation. 

Keywords: control, tasks, system, reformation, competences, subdivision, internal affairs bodies, activity arrangement, legal status, migration

DOI: 10.7256/2454-0595.2017.10.24360

Abstract: The article studies the development of the Russian concept of environmental law within the modern international concept of environmental protection and management in the context of inherent and continuous process of environmental protection for the purpose of sustainable development. The authors define the key challenges influencing the content of the Russian concept of environmental law: the level of legal culture of society and individuals, inharmonious coexistence of society and nature, lack of motivation of the participants of environmental legal relations, political nature of international cooperation, disregard to scientific knowledge and technologies. To obtain reliable scientific results, the authors use the range of general scientific (system structural, formal-logical and hermeneutical) and specific (historical-legal, comparative-legal and formal legal) methods and the sociocultural method of scientific cognition. The authors conclude about the possibility of operative response of the concept of environmental law to the modern challenges, and define economic factors of such a response. The prevailing ideas form the factual Russian concept of environmental law, which is characterized by consumptive, barbaric nature. To correct this situation, the authors suggest giving more attention to the formation of a high level of legal and environmental culture of citizens: consistent and system work should be done to improve legal education of individuals and society as a whole. The state should have a leading role in this process – elaborating the system of incentives able to promote lawful behavior of individuals and forming their motivation by increasing the level of legal culture. 

Keywords: World Trade Organisation, animal welfare, international organisation, sustainable development, legal culture, concept of law, legal education, environmental law, environmental protection, environmental management

DOI: 10.7256/2454-0595.2019.6.30911

Abstract: This article is devoted to the legal regulation of maintenance obligations in the Russian Federation and several Muslim countries. Purge pays special attention to the description of conditions and terms for collection of child maintenance and comparative analysis of these terms in Russia and Muslim states. The object of the research is the relations between parents and children in the sphere of family law and comparison of these relations in the Russian Federation and Muslim countries. The subject of the research is the legal laws and regulations that ensure efficiency of the legal regulation of these relations. In the course of the research Purge has applied general research methods (logics and philosophy) as well as comparative law and formal law approaches to carry out comparative analysis. The theoretical novelty of the research is caused by the fact that the author carries out comparative analysis of the legal norms in the Russian Federation and Muslim countries on child maintenance obligations. The practical novelty of the research is caused by the author's suggestions and recommendations on the legal regulation of maintenance obligations taking into account the experience of the Russian Federation and several Muslim states. The author makes a conclusion that there is a great number of different approaches to the regulation of family relations based on religious principles and legal provisions. 

Keywords: marriage, family relations, children, parents, family, maintenance obligations, Islam, agreement, judicial board, income

DOI: 10.7256/2454-0595.2017.12.24762

Abstract: The subject of the research is the current legal standards that regulate innovative activity in the Russian Federation. The object of the research is the social relations that encourage the development of Russia's national innovation system. One of the essential conditions for the establishment and development of innovative economy is the creation of the ecomic and legal regulation system for innovative activity in the Russian Federation. In her research Lapina carries out an analysis of the legislation on innovative activity, defines problems of legal regulation of the national innovation system, and makes recommendations on how to improve the current legislation in order to encourage better development of Russia's innovative economy. The author pays special attention the the role of public administration, and importance of federal executive authorities' competences that affect the legal regulation of innovative activity. The methodological basis of the research includes recent findings and achievements of the knowledge theory. In the process of her research Lapina has used general philosophical methods, systems analysis, expert analysis, event analysis, and traditional legal research methods (formal logic and comparative law) as well as structural analysis. Lapina ends her research with the conclusion that there is no legal act that would fully regulate innovative activity of economic entities. Authorities that regulate innovative activity and their competences are set forth by numerous legal acts of different nature. Based on her analysis of legal acts and other official documents, the author of the article emphasizes the need to establish a basic federal law on innovative activity. 

Keywords: subjects of innovative activity, national innovation system, management, powers, state power, innovative activity, innovative economy, innovative legislation, innovations, legal regulation

DOI: 10.7256/2454-0595.2018.12.28296

Abstract: The subject of the research is the system of legal relatiosn in the sphere of road safety. The object of the research is the social relations in the sphere of road safety, access to driving vehibles of different kinds and training of drivers. The aim of the research is to analyze the congruency of the legal grounds of road safety, requirements for masters of learning to drive, and criteria of access to driving a vehicle. The author analyzes provisions of the professional standard from the point of view of the Road Safety Strategy, suggests changes and analyzes statistical data of road traffic accidents. The author emphasizes the need to review the standards that grant access to driving a D vehicle and obtaining the teaching license. The methodological basis of the research includes fundamental provisions of the theory of the right and state, generalisation of the practical experience, statistics and methods of logical, systems analysis, comparative and other research methods. The scope of the research covers legislative and law enforcement activity, educational process, researc h and improvement of particular branches of the Russian legal system. The novelty of the research is caused by the practical and scientific importance of the Road Safety Strategy in Russia for 2018 - 2024. In conclusion, the author offers to change Section 3.1. of the Standard and to set forth the rule that individuals who obtain a license to teach how to drive D and D1 vehicles must be 24 years old at least. 

Keywords: public transport, requirements for the master, master of learning to drive, professional standard, experience, admission of drivers, traffic accident, Road safety, accident statistics, buses

DOI: 10.7256/2454-0595.2020.2.32443

Abstract: The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

Keywords: constitution, legality, organization, territorial development, public administration, strategy, state, agglomeration, strategic planning, economic regionalization

DOI: 10.7256/2454-0595.2018.1.25531

Abstract: The subject of the article is the effective Traffic Laws, provisions of the Code of the Russian Federation on Administrative Offenses, State Standards that regulate the rules for transportation of children, definition, features and types of child restraint, and interpretative acts of judicial authorities that interpret regulatory prescriptions of child restraint. The aim of the article is to define difficulties that may arise in the process of applying new rules for transportation of little passengers. Starting from July 2017, The Traffic Laws set forth a new criterion for classification of child restraint which is the height of a child. However, there is no definition of 'child restraint' in The Traffic Rules and there is no such criterion as a child's height in the current classification of child restraint. The methodological basis of the research includes recent theoretical findings and concepts. In the process of the research the authors have used theoretical, general philosophical, traditional legal research methods, and comparison that was used to compare regulatory provisions that regulate the definition and features of child restraints. The main conclusion made by the authors is that the latest amendment to The Traffic Rules provide a clear notion of what restraints can be used to transport little passengers. The main contribution made by the authors is the substantiation of these amendments made in Part 3 of Article 12.23 of the Code of the Russian Federation on Administrative Offenses and Subclause 1.2, 2.1.1 of The Traffic Rules. The novelty of the research is caused by the fact that the authors carry out a comparative law analysis of changes and amendments made to The Traffic Rules that came into force in summer of 2017. 

Keywords: child safety, administrative responsibility, road transport, child restraint, passenger rights, Traffic Laws, seat belts, transportation of children, shipping, contract of carriage of a passenger

DOI: 10.7256/2454-0595.2017.12.24819

Abstract: The authors of this article analyze the problems and perspectives of implementing provisions of the Russian law prohibiting propaganda of non-traditional sexual relations relations to the underaged taking into account decisions made by The European Court of Human Rights. The authors touch upon approaches and arguments of international and national judicial authorities and analyze judicial practice o fRussian courts on implementing the provisions of The European Court on Human Rights on restriction of rights and discrimination. The authors deine drawbacks of the Russian law prohibiting propaganda of non-traditional sexual relations to the underaged. The methodological basis of the research includes system-structure, formal-logical and hermeneutical methods. Special law methods used by the authors included cmparative law and formal law methods. Based on the authors, Russian Federation courts tend to ignore arguments of The European Court on Human Rights and demonstrate a conservative approach appealing to traditional values and religious morals while ignoring scientifically proved facts. The European Court on Human Rights' approach is based on facts about society's development and modernization of social relations as well as scientifically proved data. The term 'non-traditional sexual relations' used by the Russian legislation is also very contradictory and not defined by the law in full which makes it difficult to implement the provisions of the law and violates the principle of legal certainty. The decision would be to exclude the provisions prohibiting propaganda of non-traditional sexual relations to the underaged from the shere of law. 

Keywords: sexual orientation, freedom of expression, implementation, discrimination, human rights, homosexuality, propaganda, margin of appreciation, public order, restriction of rights

DOI: 10.7256/2454-0595.2018.12.28236

Abstract: The subject of the research is the legal norms that regulate the place of municipal authority in the system of public authority in Russia. The object of the research is the legal relations in the sphere of organisation and functioning of municipal authority as well as their relationships with the state authority. The author of the article have analyzed the relationship between municipal authority, state authority and public authority. She pays special attention to the provisions of the Constitution and self-government legislation and describes the problems of the practical implementation of Article 12 of the Constitution of the Russian Federation and possible solutions. The methodological basis of the research includes recent achievements and findings. In the course of the research the author has used general philosophical and theoretical methods (dialectics, systems approach, anaysis, synthesis, analogy, deduction, observation and modelling), and traditional law methods (formal law and comparative law). The main conclusions of the research is the author's statement that Article 12 of the Constitution has an excessive imperative nature. Taking into account the fact that it is impossible to change the law at this point, the author suggests to use opportunities provided by the Constitutional Court of the Russian Federation and to view relevant provisions as the ones that define specific relationships between municipal and state authority while local self-government activities cannot be replaced with state activities. 

Keywords: Constitution, self-governing authorities, the organizational separation, the government, public power, Municipal authority, article, legislation, Charter, constitutional justice

DOI: 10.7256/2454-0595.2017.4.22933

Abstract: The research subject is the set of current provisions of various legal acts regulating self-employment. The authors study scientific approaches to the problem of self-employment of citizens, which have formed in Russian legal science. The specific legal feature of the “self-employment” concept is a significant number of references to this category in legal acts contrasted with the lack of a clear definition of this category. The authors analyze administrative and penal compositions of offences, related to self-employed citizens, involved in illegal business practices, and the ways of their improvement. The research methodology is based on the set of different methods of scientific cognition. The authors use theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, modeling), traditional methods of jurisprudence (formal logical and interpretative methods, which are used for the analysis of the content of legal regulations); the comparative method, which is used for the comparison of scientific views on the research subject. The authors conclude that it is necessary to adopt: the set of administrative norms, aimed at the formation of the definition of the “self-employed citizen” concept, immediately, before the expiry of the 2-3 years’ period of discharge from administrative responsibility; administrative mechanism of self-employment regulation; measures of administrative coercion, aimed at legalization of informal economy. The authors study the potentially possible directions of development of administrative coercion in the sphere of self-employment. They note the necessity to generate preventive and remedial measures aimed at the legalization of self-employed citizens by means of their registration and payment of all necessary taxes. The scientific novelty of the study consists in the consideration of the problem of evolution of scientific views on the essence of the “self-employment of citizens” concept, and the formation of the mechanism of administrative regulation in the sphere of self-employment and the administrative coercion institution in this sphere. The authors offer the set of measures of administrative coercion in the sphere of self-employment, which could help balance the interests of the state and this category of citizens. 

Keywords: patent, legalization of status, self-employed citizens, administrative and punitive measures, administrative and remedial measures, administrative and preventive measures, administrative coercion, definition, self-employed person, decriminalization

DOI: 10.7256/2454-0595.2021.4.36944

Abstract: Current state of the world economy and the development of private law institutions implies limited interference of the government in the activity of the actors of social relations based on their equality, autonomy of will, and property autonomy. Foreign experience demonstrates that the transfer of certain public functions from the government to nongovernmental or private entities yields positive results. One of such spheres of activity is the enforcement of court decisions and acts of other branches, which in a number of countries is carried out by private executors. At the same time, the effectiveness of the nongovernmental model of enforcement proceedings first and foremost depends on the quality of legal regulation. This article is dedicated to the analysis of Russian and foreign models of enforcement proceedings. The authors explore the mechanisms of denationalization of the state system of enforcement of executive documents and the prospects for its implementation in the Russian Federation. The scientific novelty of the research consists in the development of the key vectors of reforming the system of enforcement proceedings in the Russian Federation associated with partial transfer of the authority on enforcement of executive documents from bailiffs to private enforcement agents. It is noted that recently the rate of enforcement of executive documents has not been sufficient to indicate the effectiveness of enforcement proceedings, which is primarily substantiated by the increased workload of bailiffs. The conclusion is made on the need to reform the mixed model of enforcement proceedings in the Russian Federation, which includes two links: governmental and nongovernmental. The basic characteristics of such a model are formulated.

Keywords: mixed model, private model, the state model, denationalization, foreign experience, bailiff, enforcement proceedings, enforcement, private bailiffs, executive documents

DOI: 10.7256/2454-0595.2021.4.36549

Abstract: The object of this research is the correlation between public law and private law principles in the context regulation of the use of assisted reproductive technologies in the Russian Federation and the Republic of Tajikistan. The subject of this research is the norms of the Russian and Tajik legislation that regulates the procedure of using assisted reproduction technologies, as well as public law and private law principles of their regulation. The scientific novelty of this work lies in carrying out a comprehensive analysis of the relevant problematic on correlation between public law and private law principles in the context of regulation of the use of assisted reproductive technologies in the Russian Federation and the Republic of Tajikistan (taking into account the contradiction and conflicts of law of these legal relations). The author’s special contribution lies formulation of the original proposals for the progressive solution to the problem of correlation between public law and private law principles in regulation of the use of assisted reproductive technologies in the territory of the Russian Federation and the Republic of Tajikistan.

Keywords: Republic of Tajikistan, Russian Federation, conflicts, private legal principles, public legal principles, assisted reproductive technologies, method of ART, contradictions of legal regulation, conception, childbearing

DOI: 10.7256/2454-0595.2016.2.17871

Abstract: The research object is the range of legal and organizational problems of the state performing its social function. The authors analyze the concepts of legal regulation of the Russian state’s social function. The article demonstrates the authors’ position on the concept of social protection of the person. The main attention is paid to the development of methods and methodology of legal confirmation of the state’s social function. In addition, the authors analyze the social function concept in the modern conditions. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems approach, analysis synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The authors come to the conclusion about the necessity to develop effective mechanisms of social policy implementation. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of social policy and legality ensuring. 

DOI: 10.7256/2454-0595.2016.2.67406

Abstract: The research object is the range of legal and organizational problems of the state performing its social function. The authors analyze the concepts of legal regulation of the Russian state’s social function. The article demonstrates the authors’ position on the concept of social protection of the person. The main attention is paid to the development of methods and methodology of legal confirmation of the state’s social function. In addition, the authors analyze the social function concept in the modern conditions. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems approach, analysis synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The authors come to the conclusion about the necessity to develop effective mechanisms of social policy implementation. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of social policy and legality ensuring. 

Keywords: function, protection, defence, person, policy, social, state, benefit, pension, system

DOI: 10.7256/2454-0595.2015.5.14951

Abstract: The subject of the research includes constitutional legal and international legal standards regulating the basic principle of the right of people (nations) to self-determination in the process of political and legal implementation of this principle. The object of the research includes the subjects of public relations appearing in the process of implementation of a self-determination principle. The author considers such parties of the right to self-determination as ethnos, race, nation and people. The author offers his own definitions of the notions “people” and “nation”. Special attention is paid to the question of legal personality of peoples and nations. The methodology of the research is based on the general scientific and the special methods of cognition, including the logical method, analysis and synthesis, the system-structural method and others. The novelty of the research lies in the fact that it contains a complex analysis and a theoretical interpretation of the urgent and unstudied issues of definition of the parties of the right to self-determination and offers the ways of enforcement of constitutional recognition of this right. The practical importance of the research lies in the fact that the formulated theoretical propositions and scientific conclusions are directed at the development of scientific knowledge about the legal nature, the essence, and the peculiarities of the parties of the right to self-determination; the study can serve a base for a further scientific research in this sphere. The results of the research can be used for education, lectures, seminars and practical studies of students of law. The main conclusion of the research is the conception that the right to self-determination should belong to the people. The people is the basic party of this right, but this fact doesn’t preclude the possibility of realization of this right by other enumerated parties. 

Keywords: state, legal personality, people, nation, race, ethnos, self-determination, territory, language, culture

DOI: 10.7256/2454-0595.2015.5.66436

Abstract: The subject of the research includes constitutional legal and international legal standards regulating the basic principle of the right of people (nations) to self-determination in the process of political and legal implementation of this principle. The object of the research includes the subjects of public relations appearing in the process of implementation of a self-determination principle. The author considers such parties of the right to self-determination as ethnos, race, nation and people. The author offers his own definitions of the notions “people” and “nation”. Special attention is paid to the question of legal personality of peoples and nations. The methodology of the research is based on the general scientific and the special methods of cognition, including the logical method, analysis and synthesis, the system-structural method and others. The novelty of the research lies in the fact that it contains a complex analysis and a theoretical interpretation of the urgent and unstudied issues of definition of the parties of the right to self-determination and offers the ways of enforcement of constitutional recognition of this right. The practical importance of the research lies in the fact that the formulated theoretical propositions and scientific conclusions are directed at the development of scientific knowledge about the legal nature, the essence, and the peculiarities of the parties of the right to self-determination; the study can serve a base for a further scientific research in this sphere. The results of the research can be used for education, lectures, seminars and practical studies of students of law. The main conclusion of the research is the conception that the right to self-determination should belong to the people. The people is the basic party of this right, but this fact doesn’t preclude the possibility of realization of this right by other enumerated parties. 

Keywords: state, legal personality, people, nation, race, ethnos, self-determination, territory, language, culture

DOI: 10.7256/2454-0595.2015.6.15570

Abstract: The article is supported by the government assignment project ¹3299The Russian Federation ratified (by the Federal Law N 76-FZ, dated 07.05.2013) the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse concluded in Lanzarote on 25.10.2007. Thus the state made a commitment to take the necessary legislative or other measures to ensure the establishment of criminal liability for the solicitation of children for sexual purposes in the Internet and through other information and telecommunications networks. The authors use the following methodological grounds: a set of the general scientific and special methods of social-legal reality cognition. The methodology of the research is based on the dialectical method and its requirements of objectivity, comprehensiveness, historicity, and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison, and measurement. As a specific method the authors use the comparative-legal method. The authors suppose that the crime provided in the art. 135 of the Criminal Code can be committed with the use of the Internet and other information and telecommunications networks. On the base of the provisions of the Convention, the Russian legislation and jurisprudence, the authors formulate the proposal regarding the adoption of Art. 23 of the Convention by the domestic criminal law.

Keywords: sexual contact, minor, article, Criminal Code, sexual exploitation, protection, Convention, proposition, Internet, ban

DOI: 10.7256/2454-0595.2015.6.66566

Abstract: The article is supported by the government assignment project ¹3299The Russian Federation ratified (by the Federal Law N 76-FZ, dated 07.05.2013) the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse concluded in Lanzarote on 25.10.2007. Thus the state made a commitment to take the necessary legislative or other measures to ensure the establishment of criminal liability for the solicitation of children for sexual purposes in the Internet and through other information and telecommunications networks. The authors use the following methodological grounds: a set of the general scientific and special methods of social-legal reality cognition. The methodology of the research is based on the dialectical method and its requirements of objectivity, comprehensiveness, historicity, and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison, and measurement. As a specific method the authors use the comparative-legal method. The authors suppose that the crime provided in the art. 135 of the Criminal Code can be committed with the use of the Internet and other information and telecommunications networks. On the base of the provisions of the Convention, the Russian legislation and jurisprudence, the authors formulate the proposal regarding the adoption of Art. 23 of the Convention by the domestic criminal law.

Keywords: sexual contact, minor, article, Criminal Code, sexual exploitation, protection, Convention, proposition, Internet, ban

DOI: 10.7256/2454-0595.2016.7.16358

Abstract: The research subject includes the legal provisions regulating the application of procedural measures by customs authorities, ensuring the proceedings on cases of customs violation and the work of customs authorities. The research object includes legal relationship emerging in the process of administrative coercion measures application by customs authorities. The author pays attention to the burning problems of administrative coercion measures application by customs authorities in the proceedings on cases of customs violation and offers the ways to solve them. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, normative-logic, etc.). The author outlines one of the topical problems of application of measures of the proceedings on administrative cases ensuring, restricting property and non-property rights and freedoms of persons and legal entities, applied by customs authorities – the application of such measures hasn’t been under registration yet. The author suggests introducing such a registration into the practice of customs authorities and providing the control over administrative measures application. 

Keywords: bringing to court, arrest, attachment, detention, conveyance, customs violation, measures of ensuring , inspection, examination, problems

DOI: 10.7256/2454-0595.2016.7.67942

Abstract: The research subject includes the legal provisions regulating the application of procedural measures by customs authorities, ensuring the proceedings on cases of customs violation and the work of customs authorities. The research object includes legal relationship emerging in the process of administrative coercion measures application by customs authorities. The author pays attention to the burning problems of administrative coercion measures application by customs authorities in the proceedings on cases of customs violation and offers the ways to solve them. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, normative-logic, etc.). The author outlines one of the topical problems of application of measures of the proceedings on administrative cases ensuring, restricting property and non-property rights and freedoms of persons and legal entities, applied by customs authorities – the application of such measures hasn’t been under registration yet. The author suggests introducing such a registration into the practice of customs authorities and providing the control over administrative measures application. 

Keywords: bringing to court, arrest, attachment, detention, conveyance, customs violation, measures of ensuring, inspection, examination, problems

DOI: 10.7256/2454-0595.2016.8.19786

Abstract: The article covers the transformations of the system and structure of federal executive authorities that occurred during the period of 2004 - 2016; such an analysis provides an opportunity to study the forms, intensity and frequency of the changes and to identify their common characteristics. In general, during this period 53 decrees of the President of the Russian Federation had been adopted, which in different ways modify the system and structure of executive power. Based on this figure, the author concludes that every 90 days the structure of federal executive bodies changes: executive bodies are created, abolished, merged, transformed, renamed, or change their jurisdiction.The study is based on the formal-legal, structural-functional, comparative-legal and historical methods which provide for a comprehensive study of changes of the system and structure of federal executive authorities. The result of the analysis shows that the modern structure of federal bodies of executive power is characterized by a rather high dynamics of changes. The analysis of quantitative changes in the structure of federal executive bodies allows focusing on the improvement of legal support of the most widely used forms of transformations of the structure of federal authorities.

Keywords: Executive authorities, Government, State committee, Service, Agency, Ministry, Administrative reform, Transformation, Reorganization, Legal regulation

DOI: 10.7256/2454-0595.2016.8.68026

Abstract: The article covers the transformations of the system and structure of federal executive authorities that occurred during the period of 2004 - 2016; such an analysis provides an opportunity to study the forms, intensity and frequency of the changes and to identify their common characteristics. In general, during this period 53 decrees of the President of the Russian Federation had been adopted, which in different ways modify the system and structure of executive power. Based on this figure, the author concludes that every 90 days the structure of federal executive bodies changes: executive bodies are created, abolished, merged, transformed, renamed, or change their jurisdiction.The study is based on the formal-legal, structural-functional, comparative-legal and historical methods which provide for a comprehensive study of changes of the system and structure of federal executive authorities. The result of the analysis shows that the modern structure of federal bodies of executive power is characterized by a rather high dynamics of changes. The analysis of quantitative changes in the structure of federal executive bodies allows focusing on the improvement of legal support of the most widely used forms of transformations of the structure of federal authorities.

Keywords: Executive authorities, Government, State committee, Service, Agency, Ministry, Administrative reform, Transformation, Reorganization, Legal regulation

DOI: 10.7256/2454-0595.2016.8.19791

Abstract: The research subject includes the provisions of national legislation regulating the free customs zone in and customs control over the free port of Vladivostok. The author studies the doctrinal groundwork and foreign legislation in this sphere. Due to the novelty of such a legal regime in Primorsky krai, there is no law enforcement practice which could help reveal the shortcomings of legal regulation, but the author considers the aspect of normative stipulation of the requirements to the territory on which the free customs zone procedure and customs control is applied. The research methodology is conditioned by the research object and tasks and includes the methods of analysis and synthesis, deduction and induction, the comparative-legal and historical-legal methods. These methods are used as a system. The author states the necessity of strict normative regulation of application of a free customs zone procedure and customs control on the territory of the free port of Vladivostok related to territorial requirements. This conclusion is based on the study of the experience of the USA and the porto franco zone functioning in the Far East in the 19th – 20th centuries. 

Keywords: the free port of Vladivostok, foreign trade zone, resident, corruption, legal regime, goods, customs agencies, customs control, customs procedure, special economic zone

DOI: 10.7256/2454-0595.2016.8.68027

Abstract: The research subject includes the provisions of national legislation regulating the free customs zone in and customs control over the free port of Vladivostok. The author studies the doctrinal groundwork and foreign legislation in this sphere. Due to the novelty of such a legal regime in Primorsky krai, there is no law enforcement practice which could help reveal the shortcomings of legal regulation, but the author considers the aspect of normative stipulation of the requirements to the territory on which the free customs zone procedure and customs control is applied. The research methodology is conditioned by the research object and tasks and includes the methods of analysis and synthesis, deduction and induction, the comparative-legal and historical-legal methods. These methods are used as a system. The author states the necessity of strict normative regulation of application of a free customs zone procedure and customs control on the territory of the free port of Vladivostok related to territorial requirements. This conclusion is based on the study of the experience of the USA and the porto franco zone functioning in the Far East in the 19th – 20th centuries. 

Keywords: the free port of Vladivostok, foreign trade zone, resident, corruption, legal regime, goods, customs agencies, customs control, customs procedure, special economic zone

DOI: 10.7256/2454-0595.2016.8.19823

Abstract: The paper is devoted to criminalization of mass distribution of extremist materials. The author analyzes the judicial practice materials on criminal cases regulated by the article 282 of the Criminal Code of the Russian Federation, and on administrative cases regulated by the article 20.29 of the Code of Administrative Offences. The author states that investigative and judicial practice faces particular difficulties when distinguishing the mentioned offence from the crime established under the article 282 of the CC. The problem of distinguishing these illegal actions in the “border areas” is one of the most complicated problems of law enforcement. The research methodology is based on the general principles of the dialectical method. The author applies modern general scientific and specific research methods including logical and legal, comparative-legal, system-structural analysis and others. The author reveals certain shortcomings of anti-extremist legislation and the procedure of formation and the content of the federal list of extremist materials. Particularly, one and the same information material can be examined by court twice if it is represented in another form and fixed on another information carrier. The presence of such a possibility of avoidance of law disperses anti-extremist instruments and unreasonably extends the federal list of extremist materials. The author offers the ways to improve the legislation which can allow avoiding the multiplicity of judicial opinions on the alike issues. The author concludes that the necessary precondition of implementation of the suggestion about criminalization of mass distribution of extremist materials is systematization and analysis of extremist materials included in the published federal list. The author states that it is necessary to establish the so-called “white list” of information materials which should contain the materials which had been declared non-extremist by court. 

Keywords: extremist materials, criminalization, criminal law, crime, federal list, extremist activity, information, publication, hate mongering, extremism

DOI: 10.7256/2454-0595.2016.8.68028

Abstract: The paper is devoted to criminalization of mass distribution of extremist materials. The author analyzes the judicial practice materials on criminal cases regulated by the article 282 of the Criminal Code of the Russian Federation, and on administrative cases regulated by the article 20.29 of the Code of Administrative Offences. The author states that investigative and judicial practice faces particular difficulties when distinguishing the mentioned offence from the crime established under the article 282 of the CC. The problem of distinguishing these illegal actions in the “border areas” is one of the most complicated problems of law enforcement. The research methodology is based on the general principles of the dialectical method. The author applies modern general scientific and specific research methods including logical and legal, comparative-legal, system-structural analysis and others. The author reveals certain shortcomings of anti-extremist legislation and the procedure of formation and the content of the federal list of extremist materials. Particularly, one and the same information material can be examined by court twice if it is represented in another form and fixed on another information carrier. The presence of such a possibility of avoidance of law disperses anti-extremist instruments and unreasonably extends the federal list of extremist materials. The author offers the ways to improve the legislation which can allow avoiding the multiplicity of judicial opinions on the alike issues. The author concludes that the necessary precondition of implementation of the suggestion about criminalization of mass distribution of extremist materials is systematization and analysis of extremist materials included in the published federal list. The author states that it is necessary to establish the so-called “white list” of information materials which should contain the materials which had been declared non-extremist by court. 

Keywords: extremist materials, criminalization, criminal law, crime, federal list, extremist activity, information, publication, hate mongering, extremism

DOI: 10.7256/2454-0595.2016.8.19857

Abstract: The author analyzes criminal law sources of foreign countries, including Muslim ones, and their mutual influence. Within foreign criminal law, the sources of law are the forms of legal norms expression. The sources of criminal law usually include statutory acts, legal precedents, legal customs and treaties. With regard to the sources of criminal law, law has been historically divided into statutory law and law of practice. In this context, Muslim countries are the exception to the rule. The research is based on the applied comparative-legal, historical-legal and formal-legal methods, the system method and multivariative analysis. The experience of foreign states shows that the source of criminal law can be presented not only by a unified act, for example the criminal code; but it should be compulsory and should be applied equally to all types of relations. Modern criminal laws of some Muslim countries are based not only on the recognized sharia norms, but also on the criminal codes adopted from the West European legal system. 

Keywords: legal system, sources, statutory law, law of practice, criminal code, penalties, Islamic criminal law, codification, law, sharia

DOI: 10.7256/2454-0595.2016.8.68029

Abstract: The author analyzes criminal law sources of foreign countries, including Muslim ones, and their mutual influence. Within foreign criminal law, the sources of law are the forms of legal norms expression. The sources of criminal law usually include statutory acts, legal precedents, legal customs and treaties. With regard to the sources of criminal law, law has been historically divided into statutory law and law of practice. In this context, Muslim countries are the exception to the rule. The research is based on the applied comparative-legal, historical-legal and formal-legal methods, the system method and multivariative analysis. The experience of foreign states shows that the source of criminal law can be presented not only by a unified act, for example the criminal code; but it should be compulsory and should be applied equally to all types of relations. Modern criminal laws of some Muslim countries are based not only on the recognized sharia norms, but also on the criminal codes adopted from the West European legal system. 

Keywords: legal system, sources, statutory law, law of practice, criminal code, penalties, Islamic criminal law, codification, law, sharia

DOI: 10.7256/2454-0595.2015.12.17041

Abstract: The object of the research is a range of theoretical and practical problems of anti-corruption expertise of normative legal acts and draft laws. The subject of the research is the Federal Law “On the free port of Vladivostok” regulating the issues of creation and functioning of the special economic zone. The author examines the law’s provisions establishing the legal status of the authorized federal body, the observation council, the management company and the residents of the free port of Vladivostok, and assesses their susceptibility to corruption. The author applies the methodology of anti-corruption expertise introduced by the current Russian legislation. The specificity of the research determines the use of the systems analysis, the formal logical method and the comparative-legal method. The author concludes that it is necessary to extend the list of corruptogenic factors used in the methodology of anti-corruption expertise by adding such factors as the existence of provisions about the liability of authorized bodies and realization of the state interests. The Federal Law “On the free port of Vladivostok” contains a large number of corruptogenic factors which provide opportunities for abuse by potential corruptionists leaving them unpunished. 

DOI: 10.7256/2454-0595.2015.12.67145

Abstract: The object of the research is a range of theoretical and practical problems of anti-corruption expertise of normative legal acts and draft laws. The subject of the research is the Federal Law “On the free port of Vladivostok” regulating the issues of creation and functioning of the special economic zone. The author examines the law’s provisions establishing the legal status of the authorized federal body, the observation council, the management company and the residents of the free port of Vladivostok, and assesses their susceptibility to corruption. The author applies the methodology of anti-corruption expertise introduced by the current Russian legislation. The specificity of the research determines the use of the systems analysis, the formal logical method and the comparative-legal method. The author concludes that it is necessary to extend the list of corruptogenic factors used in the methodology of anti-corruption expertise by adding such factors as the existence of provisions about the liability of authorized bodies and realization of the state interests. The Federal Law “On the free port of Vladivostok” contains a large number of corruptogenic factors which provide opportunities for abuse by potential corruptionists leaving them unpunished. 

Keywords: national interest, management company, resident, free port, special economic zone, draft law, anti-corruprion expertise, corruption, liability, corruption factor