Administrative and municipal law - rubric Liability in administrative and municipal law

Abstract: This article dwells upon the issues of administrative responsibility for the offences in the sphere of finances, definition and elements of administrative offences in this sphere. Based on analysis of scientific literature, the author provides the definition of administrative responsibility for financial offences, establishes the issues, related to specific features of administrative responsibility in this sphere. The author also provides definition of an administrative offence as a basis for administrative responsibility, its elements, characteristic features of administrative offences in the sphere of finances.

Keywords: legal responsibility, administrative offence, offence, finances, characteristic features of administrative offence in the sphere of finances, financial activity.

Abstract: This article includes evaluation of the status of the Prosecutor, as a participant of the procedure on the administrative cases, analysis of forms of realization of the Prosecutor’s powers in the sphere of administrative offence cases. The article establishes topical problems of administrative legal status of the prosecutor as a participant of the hearings in cases on administrative offences.

Keywords: Prosecutor, participant of procedure on administrative offence cases, forms of Prosecutor’s reaction, complaint, decision, warning, regime of lawfulness within the administrative offence cases.

Abstract: This article is devoted to definition and characteristics of documents as sources of evidence on administrative offence cases. The author singles out two groups of documents, which are related to such sources, analyzes the types of documents, which are included therein.

Keywords: Evidence, source of evidence, administrative offence cases, administrative proceedings, filing an administrative case, document, legal document, protocol, fact.

Abstract: The article includes analysis of theoretical, organizational and legal problems, which arise in the courts of general jurisdiction, which deal with administrative cases. The author also tried to establish the conceptual basis for the formation of judicial procedure on these cases in the courts of general jurisdiction, and, further, in the administrative courts. The article includes a new approach to understanding and structure of administrative procedure.

Keywords: Administrative judicial proceedings, administrative case, public legal disputes, administrative coercion, administrative responsibility, public legal conflict, Code of Administrative Judicial Procedure, public government bodies.

Abstract: The article is devoted to the problems of administrative responsibility for violation of mass media information, it includes analysis of administrative offences in this sphere. Additionally, the author analyzes the characteristic features of administrative violations, encroaching upon the existing regime of mass media functioning.

Keywords: Information, responsibility, mass media, control, review, journalist, publication, abuse, freedom, mass media, information, censure

Abstract: Specialized article, which is devoted to bases and types of legal responsibility in the sphere of state anti-monopoly control over economic concentration.

Keywords: Jurisprudence, responsibility, anti-monopoly regulation, order, control, economic, concentration

Abstract: Review: topicality of the issue is due to the problem of definition and characteristics of specialized knowledge of experts. The author analyses opinions of various authors and he makes conclusions on definition and elements of specialized knowledge. The author offers to formulate the legislative definition of “specialized knowledge” with the list of characteristics of specialized knowledge and defining the structure of specialized knowledge.

Keywords: jurisprudence, expertise, definition, elements, structure, application, belonging, contents, expert, legislation.

Abstract: It is the first time in Russian history that public morality is viewed by the Administrative Offences Code of the Russian Federation. It was due to an objective need to reinforce activities against the growing number of violations in that sphere. In this respect, the Administrative Offences Code of the Russian Federation was supposed to become one of the effective measures to prevent and suppress violations in the sphere of public morality. The article is devoted to the problems of applying the article 6.11 of the Administrative Offences Code of the Russian Federation which creates responsibility for prostitution.

Keywords: world of law, morals, public morality, prostitution, corpus delicti, close of violation, definition of prostitution, objective side of prostitution, object of prostitution.

Abstract: Key words: studies of law, cause of administrative offence, condition contributing to administrative offence, science of administrative law, causes of crime, conditions of crime, administrative offence, Administrative Offences Codes of the Russian Federation, sociodemographic nature, economic nature. Abstract: the article describes points of view saying that it is necessary to distinguish the terms “the cause of administrative offence” and “the condition contributing to administrative offence” as well as the author’s opinion on this matter. The author also showed his position regarding classification of causes and conditions contributing to commitment of administrative offences.

Abstract: Oon the Qquestion of Aadjective Sstatus and Competence of an Eexpert in the Matter of Aadministrative Ooffence
Abstract: the problem of adjective status and competence of experts in the matter of administrative offences is quite topical. In this article the author analyzed opinions of researchers and made his own conclusions regarding the adjective status and competence of experts. The article also considers the role of an expert’s conclusion as an instrument of evidence in the matter of administrative offences and important requirements for experts.

Abstract: Key words: management, responsibility, power, government, local self-government, subsidiarity, powers, investment, protection, obligation. Review: according to active legislation of the Russian Federation, responsibility for exercising certain state powers falls only on local self-government bodies. Legislation does not cover responsibility of public authorities. Self-government agencies do not have actual rights for juridical protection.

DOI: 10.7256/2454-0595.2013.7.9084

DOI: 10.7256/2454-0595.2021.5.36083

Abstract: The object of this research is the content of the Article 14.51 of the Code of the Russian Federation on Administrative Offences, which establishes administrative responsibility for breach of legislation of the Russian Federation on tourism activity. The subject of this research is the case law on administrative offenses set by the Article 14.51, normative legal acts, as well as scientific articles in periodicals. The activity of the Federal Agency for Tourism on identification of administrative offenses set by the Article 14.51 of the Code of the Russian Federation on Administrative Offences is exposed to critical assessment. The author indicates the declarative nature of the legal norms that stipulate the responsibility of tour operators and travel agents, as the terms of sale contracts for tourism product, to provide the tourist and (or) other customer with accurate information on the risks that the tourist may face during their trip, since there is currently no administrative responsibility for failure to provide such information. Based on the acquired results, the recommendations are formulated for the improvement of legislation on administrative offenses for breach of legislation on tourism activity: delegation of authority to initiate cases of administrative offenses set by the Article 14.51 (Paragraphs 1, 3, and 4) of the Code on Administrative Offences of the Russian Federation to the Federal Service for the Oversight of Consumer Protection and Welfare; establish the composition of administrative offenses in the Article 14.51 of the Code of the Russian Federation on Administrative Offences related to improper fulfillment of responsibilities by tour operators and travel agents on providing tourists with the information about risks they may face during their trip.

Keywords: Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing, Federal Agency for Tourism, case material, administrative offenses, administrative liability, tourist activity, tourism, tourism safety, informing tourists, tour operator

DOI: 10.7256/2454-0595.2022.4.38884

Abstract: The object of the study is public relations regulating the issues of bringing to administrative responsibility employees of multifunctional centers for the provision of state and municipal services (MFC) on the territory of the Russian Federation. The subject of the study is the regulatory legal regulation of the administrative responsibility of MFC employees. The purpose of the study is to identify the problems of administrative responsibility of MFC employees and to find ways to resolve them legally. The research used scientific-theoretical, scientific-practical, comparative-legal research method, method of comparative-legal analysis, method of legal interpretation, logical and formal-logical research method, objective methods of analysis, etc. The relevance of the topic under consideration lies in the fact that given the huge demand for MFC services in the country (up to 96% of the population coverage), the need for legal regulation of personal data protection, as well as other violations of the procedure for providing state and municipal services, sharply increases. The uncertainty of the legal status of MFC employees is a factor that prevents the legal determination of their responsibility within the framework of the law. The novelty of the study lies in the fact that current scientific research on similar topics has been analyzed, as well as in a new approach to the issue of administrative responsibility from the point of view of the special legal personality of an MFC employee. According to the results of the study, it was found that the legislation on administrative responsibility of MFC employees contains legal conflicts that prevent the appointment of a fair punishment to the subject due to the fact that within the same norm, the same punishment is imposed on subjects who take far from equal participation in the provision of state or municipal services.

Keywords: official, offense, personal data, public service, legal status, administrative responsibility, employee, legal personality, multifunctional center, MFC

DOI: 10.7256/2454-0595.2013.7.9037

DOI: 10.7256/2454-0595.2014.3.10908

DOI: 10.7256/2454-0595.2015.6.13681

DOI: 10.7256/2454-0595.2013.7.9038

DOI: 10.7256/2454-0595.2023.1.39713

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

Keywords: dissemination of information, the composition of an administrative offense, constitutional values, state security, restriction of rights, administrative offense, freedom of information dissemination, legal freedom, administrative responsibility, freedom of speech

DOI: 10.7256/2454-0595.2018.7.27251

Abstract: In his research Bobrenev raises a question about challenging the prosecutor's caution against violation of law and bringing perpetrators to administrative responsibility for non-performance of the caution. The author of the research describes the balance between the single viewpoint of prosecutors that the prosecutor's caution does not create legal consequences for an individual who receives the caution, and practical realization of their position in law enforcement practice. The research has covered the provisions of the Federal Law on Public Prosecutor Office of the Russian Federation, legal acts of the General Prosecutor Office, judicial decisions and academic literature on the matter. The methodological basis of the research has involved general research methods such as analysis, synthesis, induction, and formal logic as a special research method. The author of the article concludes that in accordance with scientific achievements and applicable legislation, the practice of challenging the prosecutor's caution and bringing perpetrators to administrative responsibility for non-performance of the caution should be changed. According to the author, in both cases a proceeding cannot be started and if started, such a proceeding should be stopped as it either violates the rights, freedoms and legal interests of an administrative complainant (Clause 3 of Part 1 of Article 128 and Part 3 of Article 194 of the Administrative Procedure Code) or there is no corpus delicti of an administrative offence (Clause 2 of Part 1 of Article 24.5 of the Administrative Procedure Code of the Russian Federation).

Keywords: administrative proceeding, prosecutorial activities, administrative responsibility, failure to comply with the Prosecutor's requirements, prosecutor, acts of prosecutorial response, caveat, prosecutorial supervision, challenging the caution, prosecutor's office

DOI: 10.7256/2454-0595.2013.5.8861

Abstract: The article is devoted to the problems of calculation of limitation periods for bringing to responsibility for administrative offences in the sphere of taxes and levies. The author studies peculiarities of calculation of limitation periods for an administrative offence (failure to perform a duty by a deadline). Special attention is given to detection of the beginning moment and termination time of an administrative offence in the sphere of taxes and levies.

Keywords: administrative responsibility, taxes, levies, periods, limitation, moment, detection, lasting, offence

Abstract: The authors of the this article analyze recent innovations in the Federal Law ‘Concerning Public Prosecution in the Russian Federation’ empowering the prosecution agencies to initiate administrative proceedings and administrative investigations. The article contains the authors’ point of view regarding the issues of justification, importance and a possibility of practical implementation of these innovations. Special attention is paid at the discrepancies in legal standards and the absence of clear regulation of the mechanism of prosecutor’s implementation of his powers.

Keywords: studies of law, prosecutor, prosecution agencies, initiation of administrative proceedings, administrative investigation, legislative innovations, legislative collisions, administrative prosecution, prosecutor’s decree, law-enforcement practice.

DOI: 10.7256/2454-0595.2018.11.26361

Abstract: The article is devoted to the description and popularization of the peculiarities of the organization of expert work, which allowed in a short time and at a high level to provide an examination of the reporting documentation, including monitoring the fulfillment of obligations under state contracts concluded by Rossotrudnichestvo as part of the implementation of measures of subprogramm of the State program of the Russian Federation 'Foreign Policy'. The authors of the article focus on such aspects of the topic as the objectivity of the examination, its comprehensive and complex nature; proper execution of government contracts, organizational, methodological and analytical support of the implementation and results of fulfillment of obligations under government contracts. The study was based on the following methods: analysis and synthesis, deduction (induction), mutual evaluation, presentation of the material (problem, contextual) and others. The novelty of the research is caused by the possibility of structurally and algorithmically presenting the sequence, nature and specificity of the examination of the reporting materials in the framework of the project implemented by Verkont Service LLC. As the main conclusion of the study, it can be noted that the involvement of third-party organizations for the examination of reporting materials is a tool to improve the reliability and reliability of the assessment of performance of obligations under government contracts.

Keywords: obligations, reporting documents, procurement, law, order, objectivity, expert opinion, expertise, state contract, Rossotrudnichestvo

Abstract: Review: the author studied the sign of administrative offence, - illegality. The author compared illegality with the other signs of administrative offence. Such an analysis allowed to make certain suggestions on how to improve legal enforcement of some elements of administrative offence regulation in Special Part of the Administrative Offences Code of the Russian Federation.

Keywords: violation of law, illegality, penalty, lack of action, social danger, components of crime or corpus delicti, guilt, objective side, delict, subjective side, prohibition

DOI: 10.7256/2454-0595.2017.3.21381

Abstract: The paper studies the legal nature of administrative responsibility of subjects of advertising for the violation of advertising regulations and the problems of its effectiveness in relation to each of the subjects. The author proves the necessity to extend the list of administrative punishments for inappropriate advertising and to tighten responsibility in terms of ensued negative impact on the advertisement consumers. The author offers two ways of the current advertising regulations improvement and harmonization. Such an approach can promote improvement of the quality of legal regulation of social relations in the sphere of advertisements production and dissemination. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to guarantee law and order in the sphere of advertising, it is necessary to optimize the quality of administrative instruments applied to the subjects producing and disseminating inappropriate advertising. The author formulates the new version of the article of the Administrative Offences Code of the Russian Federation establishing responsibility for inappropriate advertising.

Keywords: advertising consumer, advertising distributor, advertisement, advertising agent, illegal advertising, advertising, administrative fine, administrative suspension of activities, anti-monopoly agency , direction

DOI: 10.7256/2454-0595.2018.4.26533

Abstract: The subject of the research is the social relations that may arise as a result of violation of administrative law in the sphere of trafficking of drugs, psychotropic substances and their precursors in the Kyrgyz Republic. The object of the research is the legal provisions that set forth administrative responsibility for the turnover of prohibitted drugs and substances. In her article Anisiforova analyzes the anti-drug law of the Kyrgyz Republic as well as the Administrative Responsibility Code of the Kyrgyz Republic of 1998. The advantage of the Code is that it sets forth public procedures for treatment of drug addicts. The research is based on specific legal methods such as comparative law and legal statistics method. As a result of analyzing comparative law of Russia and Kyrgyz Republic in the sphere of trafficking of drugs, psychotropic substances and precursors, the author defines positive and negative aspects of administrative law. The author emphasizes the need to carry out an administrative classification of activities in the sphere of prevention of drugs in the Kyrgyz Republic.

Keywords: administrative legislation of Kyrgystan, illegal drug use, advocacy, drug advertising, KAO KR, anti-drag law in Kyrgystan, drag trafficking, administrative responsibility, counteraction to illegal drug trafficking, drug addicts

Abstract: The article analyzes different points of view on the conception of a tax offence. The authors of the article studied its features and described the corpus delicti of a tax offence. They also considered the problems of establishing different types of legal responsibility for a tax offence.

Keywords: tax, violation of law, responsibility, taxpayer, tax system, taxable base, delict

DOI: 10.7256/2454-0595.2015.1.12904

DOI: 10.7256/2454-0595.2015.1.66035

Abstract: The development of administrative legislation has led to the formation of detached branches of Russian legislation – financial, tax, budget, and tariff. Therefore, the corpora delicti of corresponding crimes were included in the codified legal acts – Budget Code of the Russian Federation, Tax Code (chapter 1). This article is aimed at carrying out of comparative analysis of regulations, introducing juridical responsibility for offences in budget sphere, provided by Code of Administrative Offences and Budget Code of the Russian Federation; and at formulation of particular ways of state coercive measures regulation as they are provided by the existing legislation. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods, dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations, etc.). The authors of the article fully share the point of view that has formed in Russian science of administrative law about the administrative legal nature of budget enforcement measures, which are applied by “financial institutions and institutions of the Federal Treasury (their officials) on the grounds of notification about budget enforcement measures application by the body of state (municipal) financial control” (art. 306.2 part 1 BC of the Russian Federation). Study of the problem of correlation of budget and administrative enforcement measures seems to be of a big importance. Budget enforcement measures are provided by part 2 article 306.2 of Budget Code of the Russian Federation.

Keywords: corpus delicti, responsibility, enforcement, sanction, constraint, administration, prohibition, finances, object.

DOI: 10.7256/2454-0595.2020.1.31844

Abstract: The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientific achievements of other human sciences, primarily economics. Methodological framework is comprised of the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of the materials, are used general scientific and special methods of research: induction, deduction and document analysis. The main conclusion of this study consists in the formulation of the definition of administrative violation in the area of taxes and duties. The author develops a new approach towards structuring the system of evidence of such unlawful act, highlighting the essential (conceptual) evidence – public danger, and proposing a mechanism for determining public danger of a particular act.

Keywords: Costs, Criminal liability, Tax liability, Wrongfulness, Essence of the offense, Налоги и сборы, Social danger, Signs of an offense, Administrative liability, Consequences of the offense

Abstract: the article considers the legal and organizational issues of procurator’s supervision of tax legislation. The article also uncovers the forms and methods of procurator’s response to corresponding violations

Keywords: procurator’s office, supervision, protest, presentation, warning, customs service, legality, violation, decree, jurisdiction, forms of response

Abstract: The article considers the problems of realization of measures of administrative responsibility for violation of customs legislation and uncovers the problems of law-enforcement practice as well as the role of prosecution authorities in enforcement of legality of administrative and jurisdictional activity by customs authorities

Keywords: legality, jurisdiction, customs, protocol, violation of law, supervision, protest, decision, admonition, punishment, responsibility

Abstract: Existing administrative rule about responsibility for failure to fulfill Prosecutor’s legal requirements concedes a wide juridical discretion when assigning punishment. The author of the article suggests to differentiate types of punishment depending on the danger of a committed act and eventual consequences. The author also proves the need in prolonging of the limitation period used as a punishment for disqualification officials.

Keywords: administrative responsibility, prosecutor’s requirements, punishment, judicial discretion, official, disqualification, procuracy oversight

DOI: 10.7256/2454-0595.2023.6.39697

Abstract: The object of the study is social relations related to the protection of physical health and mental, moral and moral well-being of the individual. The subject of the study are the norms of administrative and criminal legislation establishing responsibility for beatings, materials of law enforcement practice of internal affairs bodies and the activities of courts of general jurisdiction in cases of this category. The authors consider in detail the features of objective signs of the legal composition of an administrative offense provided for in Article 6.1.1. of the Administrative Code of the Russian Federation. Modern approaches to understanding the physical and psychological security of the individual are investigated. Particular attention is paid to the procedure of actions of police officers in identifying, suppressing and documenting torts containing signs of beatings. The work used a set of general scientific methods of cognition (dialectical, systematic approach), as well as private scientific research methods, such as formal legal, statistical and sociological methods. The scientific novelty of the study lies in the concept proposed by the authors to determine the object of such an offense as beatings. Under the object of the considered tort, the authors propose to understand the totality of the legally protected rights of citizens to the psychological and physical integrity of the individual. A special contribution of the authors to the study of the topic is the proposed algorithmization of the actions of law enforcement officers in the course of law enforcement activities in cases of beatings.

Keywords: object of legal protection, moral suffering, beating, personal integrity, action algorithm, administrative responsibility, police, human rights, law enforcement, physical pain

DOI: 10.7256/2454-0595.2017.1.21626

Abstract: The research subject is legal provisions regulating the sphere of drug abuse. The research object is social relations in the sphere of illegal use of narcotic and psychotropic substances and their precursors. The author considers the problems of legal regulation of abuse of drugs, psychotropic substances and their precursors. Special attention is given to the struggle for the reduction of offences specified in the article 6.9 of the Code of Administrative Offences of the Russian Federation and to the study of foreign experience of organization of government influence on drug abuse. The research is based on special methods of jurisprudence including the comparative-legal method, legal statistics and psychology. The author reveals the necessity to develop the mechanisms of encouraging the users of drugs, psychotropic substances and their precursors to treatment, prophylaxis and rehabilitation. Thus, the government should regulate the procedure of organization of such help for drug addicts and introduce the public guarantees system.

Keywords: guarantees for drug users, administrative responsibility, psychoactive substances , drug users resocialization , drug users rehabilitation , drug abuse, psychotropic substances, narcotic substances, drug use, drug abuse as a social problem

Abstract: The article considers the legal and organizational problems of using such a measure of administrative enforcement as an arrest of goods, vehicles and other items which usually results in formulating a proposal to apply the mentioned measure of enforcement.

Keywords: administrative enforcement, procedural guarantees, arrest, proceeding, violation of law, procedure, process

Abstract: nowadays tax delicts are growing into one of the most serious threats to the financial security of a state. In this connection, there is a certain need not only in scientific researches and thorough analysis of tax delicts, but also in establishment of effective preventive measures in the sphere of administrative law and information security.

Keywords: taxes, delicts, warning, detection, tax authorities, suppression, conception, stages

Abstract: The article is devoted to the problems of determination of a subject of administrative offence when reporting inaccurate information to a custom authority about imported (exported) goods.

Keywords: administrative, offence, custom authorities, subject, seizure, confiscation, fine, quantity, control, responsibility

Abstract: The article describes the problem of efficiency of administrative law sanctions in the sphere of road traffic safety. The Administrative Code of the Russian Federation does not stipulate that the official who examines the cause of administrative violation of Traffic Rules which led to material injury, can take into account these negative consequences when assigning the administrative punishment. In order to realize the principles of justice, proportionality and individualization of responsibilities, sanctions provided by Chapter 12 of the Administrative Office Code of the Russian Federation must be respectively clear and definite which would allow an official to assign punishment. Material injury should be also viewed as a circumstance aggravating administrative responsibility.

Keywords: security, road accident, material injury, circumstances, aggravating, responsibility, sanction, driving regulations, punishment.

Abstract: The article studies the principles of administrative law methods of ensuring a legal order in the sphere of turnover of alcoholic products. The author of the article notes that Russia is now having a critical situation in respect to consumption of alcoholic products. Alcoholic addiction is becoming a natinal tragedy and government’s measures bring no success. Therefore, it would be very topical to study the principles of enforcing administrative responsibility for violations in the sphere of production and turnover of ethanol, alcoholic and alcohol-containing products.

Keywords: principle, production, alcohol, ethanol, responsibility, turnover, abuse, addict, death, alcohol addiction, consumption, supervision, toxication, product, responsibility, regulation.

Abstract: The article deals with the issues related to the consolidation of norms on administrative and tax liability for violations in the sphere of taxes and levies. Based on the study of specificity of proceedings on administrative and tax violations, the author analyzes possible consequences of combing the mentioned above norms.

Keywords: administrative, tax, liability, consolidation, norms, consequences, proceedings, violations of law, combination

Abstract: the article studies the legal and organizational aspects of implementation of measures of administrative responsibility as a part of the mechanism of information security. The author of the article points out the importance of administrative enforcement in the mechanism of establishment of information society.

Keywords: information, security, regime, responsibility, violation of law, corpus delicti, classification, society, environment, electronic.

Abstract: The article is devoted to the definition and signs of a corruption violation. The author discusses the objective and subjective signs of a corruption violation and describes the specific signs of a corruption violation as well as formed certain suggestions on improvement of realization of a legal responsibility for a corruption violation.

Keywords: corruption, corruption violation, anti-corruption measures, signs of corruption, forms of corruption, mechanism of corruption, corruption behavior, responsibility for a corruption violation

Abstract: The article is devoted to the stages of development of banks in the Russian Federation. The authors describe the history of responsibility for crimes in the credit sector and pre-revolutionary legal acts regulating responsibility for crimes in the credit and banking sector. One can understand the nature and content of crime in the credit sector if he learns patterns and rules of development and functioning of criminal responsibility for violations in this sphere. In this content, publications of previous years can actually provide a clear idea about banking activities from the moment of their origin until now as well as previous and current changes in the credit sector of Russia during different periods of history.

Keywords: bank, bankers, trading companies, money-changing shops, St. Petersburg loan associations, Private merchant bank, banking process.

Abstract: The article covers the topical issues of efficiency of using the system of legal sanctions for corruption. Based on the analysis of law enforcement practice, the author suggests and describes the grounds for new types of sanctions

Keywords: conflict of interests, state and municipal service, sanctions, disqualification, corruption, anti-corruption measures, responsibility, rating, risk, corruptionist

Abstract: Understanding of the essence and features of law on administrative offences (in respect to the studied aspect) with the usage of a comparative method of investigation allowed to define the topical issues of legal regulation including the issues of distribution of power, determination of disposition of corpus delicti and application of an administrative punishment. The author formulated typical grounds for recognition of a regulatory act of the RF constituent (which established administrative responsibility in the sphere of permitting activities) as an inconsistent to the federal law.

Keywords: violation of law (offence), sanction, jurisdiction, control, license, authorities, competence, permission, responsibility, permit system

Abstract: The article is devoted to problematic issues of administrative responsibility of the underaged. The author studies peculiarities of the administrative status of the underaged and reveals the educational nature of administrative responsibility. Based on the analysis, the author of the article proves the need in certain amendments to regulatory acts of the Administrative Offence Code of the Russian Federation regulating administrative responsibility of the underaged.

Keywords: administrative responsibility, underaged persons, administrative regulations, administrative offence, legal status.

DOI: 10.7256/2454-0595.2017.2.20862

Abstract: The article focuses on legal and organizational problems of realization of administrative responsibility in the economic sphere as a means of legality provision. The author analyzes legality from the position of administrative responsibility implementation as a means of its provision. The article demonstrates the author’s positions on the concept of administrative responsibility in the economic sphere. Special attention is given to the development of the mechanism of administrative responsibility realization in the economic sphere. Besides, the author carries out theoretical and legal analysis of the content of administrative responsibility from the position of legality provision. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessment, etc.). The author concludes that at the present time, in order to ensure law and order in the economic sphere, it is necessary to improve the administrative regulation mechanism as a whole, and the means of administrative responsibility. The author states the necessity to further decriminalize economic offences. The scientific novelty consists in the development of the administrative responsibility theory in relation to the economic sphere.

Keywords: impact, means, rule of law, legality, coercion, punishment, responsibility, economics, sanction, decriminalization

Abstract: The article analyzes the main types, forms and mechanisms of a corruption behavior. Depending on classification of corruption crimes the author suggests their obligatory signs. The author also gave his own definition of corruption.

Keywords: corruption, bribery, corruption crime, corruption disciplinary delicts, corruption delicts in the sphere of civil law

Abstract: The article is devoted to the topical issues of implementation of one of the means of legal proceedings of administrative offences – arrest of goods and vehicles. The author of the article studies the legal aspects of such measure, its role, peculiarities, procedure ad ways of improvement.

Keywords: Customs Union, Code of Administrative Offences of the Russian Federation, FTS Russia, arrest of goods and vehicles, mean of proceedings, administrative offences in the sphere of customs, custom officials, forms of custom control, legality.

Abstract: The article studies goals of legal regulation of alcoholic products turnover and describes peculiarities of this particular type of legal responsibility. The authors of the article also define certain measures that can improve administrative law enforcement in the sphere of turnover of alcoholic products. It is also noted that Russia is facing a catastrophic situation in the sphere of alcohol consumption now. Alcohol addiction is turning into a national disaster and the government attempts to solve this problem do not prove successful.

Keywords: alcohol, ethyl, responsibility, turnover, sales, abuse, alcohol abuser, death, alcohol addiction, consumption, supervision, intoxication, product, responsibility, regulation.

Abstract: The article is devoted to the goals of legal regulation of turnover of alcoholic products. The authors analyze the specific features of this specific type of legal responsibility, and they offer the means to improve administrative legal guarantees of legal order in the sphere of turnover of alcohol. The authors also note that the situation in the sphere of intake of alcoholic drinks in Russia is catastrophic, and alcoholism is a national calamity, while the measures, which are taken by the government fail to take due effect.

Keywords: alcohol, spirituous, responsibility, turnover, abuse, alcoholic, death, alcoholism, intake, review, poisoning, product, responsibility, regulation.

DOI: 10.7256/2454-0595.2013.1.62055

Abstract: Institution of administrative responsibility plays an important role in law enforcement in the sphere of alcohol products. Administrative responsibility for violations in the sphere of production and turnover of alcohol and alcohol containing products is the administrative enforcement measure for an administrative offence. Administrative responsibility for violating the law on alcohol and alcohol containing products is enforced according to an established procedure using sanctions as prescribed in the Special Part of the Administrative Offence Code as well as provisions of the Russian Federation constituents’ laws on administrative offence.

Keywords: alcohol, product, responsibility, violation of law, alcohol, regulation, compound, Federal Service for Alcohol Market Regulation, administration, vodka, wine.

DOI: 10.7256/2454-0595.2016.1.15723

Abstract: The article focuses on legal and organizational problems of administrative offences qualification in Russia. The author analyzes the problems of qualification of administrative offences consisting in non-declaration or false declaration of goods. The author studies the legal grounds and the legal composition of the mentioned administrative offences, their forms and specificities of qualification by the officials of customs agencies, the order of their procedural registration, and the measures of law-enforcement practice improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the customs sphere, it is necessary to improve the procedural forms of administrative-legal sanctions imposition for the violation of legislation on administrative offences. The author states that it is necessary to develop the institution of administrative liability in the customs sphere; he proposes the measures for administrative offences qualification improvement.

Keywords: customs, Union, Declaration, responsibility, qualification, the sanction, the offence, failure to declare, identification, the product

Abstract: The author of the article analyzed the legal and organizational problems of an administrative inquiry and showed the essence and meaning of the administrative inquiry in custom authorities.

Keywords: proceeding, process, inquiry, custom authorities, instruction, stage, term, period of time

Abstract: The article casts light on theoretical and practical issues arising when customs authorities bring a carrier to administrative responsibility during the period of formation of the Customs Union.

Keywords: non-delivery, carrier, responsibility, loss, duty, safety, freight, bringing to responsibility, customs

DOI: 10.7256/2454-0595.2016.1.67339

Keywords: identification, non-declaration, offence, sanction, qualification, liability, Declaration, Union, customs, goods

Abstract: the article is devoted to the features of an administrative offence and to the analysis f various points of view on illicitness (one of the signs of the administrative offence). The author also described other features such as the ‘failure to act’.

Keywords: illicitness, penalty, failure to act, violation of law, corpus delicti, guilt, responsibility, action, act

Abstract: The article is devoted to topical issues of legal characteristics and features of administrative responsibility for violating custom rules under conditions of creation and functioning of the Customs Union. The author studies the legal grounds, term, purpose, peculiarities anad the role of custom authorities in administrative and judicial processes as well as the procedural implementation. Despite liberalization of administrative and tax legislation, the level of administrative offenses is still rather high nowadays.

Keywords: Customs Union, Federal Law ‘On Custom Regulation in the Russian Federation’, Administrative Code of the Russian Federation, Federal Custom Service of Russia, administrative responsibility for violation of custom rules, officials of custom authorities, legality, special subjects of administrative responsibility, illegality, guilt, punishment.

DOI: 10.7256/2454-0595.2021.1.33615

Abstract: This article is a response to the request of the government, society, and business for improving efficiency of the work of territorial branches of federal executive authorities and the quality of the services rendered, which are particularly associated with the formation of transparent and clear mechanisms that meet modern requirements, as well as the creation of the fundamentally new level of development of territorial branches of federal executive authorities aimed at improvement of the entire system of executive branch. The goal of this work lies in the analysis of existing legal practice and outlining the ways for improving the autonomous institutions of legal responsibility. Leaning on the analysis of law enforcement practice of bringing to responsibility of the heads of territorial branches of federal executive authorities, the author explores the legislative gaps that lead to imbalance of sanctions for committing offences, and offers measures on elimination of such gaps. Based on examination of the institution of disciplinary responsibility, which is considered as a mechanism for deterring and preventing more serious offences, the author makes recommendations on formation of a single information field for interaction of oversight bodies and personnel department of the federal executive authorities. This article is the first stage of extensive work on elaboration of measures aimed at improving efficiency of the territorial branches of the federal executive authorities.

Keywords: territorial departments, legal regulation, sanctions, civil liability, criminal liability, administrative liability, disciplinary liability, public authority, state civil service, manager's responsibility

Abstract: The article is devoted to the problems of administrative law regulation of entrepreneurship activity. It is noted that today various methods are used for this purpose. Administrative responsibility is the main method here but it has a very negative impact on development of entrepreneurship.

Keywords: legality, entrepreneurship, entrepreneur, activity, household, responsibility, prohibition, restriction, modernization, regulation, control.

Abstract: Based on the analysis of the applicable administrative, administrative procedural and housing legislation as well as law enforcement practice (court and administrative practice first of all) the author of the article views the issues of legal regulation of administrative responsibility held by the management units for violations in the sphere of apartment building management and utility service provision.

Keywords: Administrative Offense Code of the Russian Federation, responsibiilty, housing and public infrastructure, apartment, violation, operation, code, sanction, imputation.

Abstract: This article is devoted to the studies of the principle of adversarial process within the procedures on administrative offence cases, its place within the system of principles of administrative responsibility. Much attention is paid to the problem of lack of adversarial process in administrative offence procedure, as implemented by the courts of general jurisdiction.

Keywords: procedure on administrative cases, adversarial principle, administrative court procedure, administrative responsibility, administrative process, principles of administrative law, administrative jurisdiction process, equality of parties, right to protectio

Abstract: Based on the analysis of the material and procedural grounds, the author of the article studies some peculiarities of administrative proceedings in the sphere of taxation and makes suggestions on how to improve the existing tax legislation.

Keywords: violation, delict, administrative proceeding, tax, sphere, taxation system, delictology, law-breaker

Abstract: The article studies the legal and organizational problems of realization of administrative responsibility measures in the sphere of information. The author pays attention at the types of corpus delicti and suggests certain criteria for their classification.

Keywords: information, sphere, responsibility, enforcement, subject, method, sanction, execution, connection, corpus delicti

DOI: 10.7256/2454-0595.2016.1.15925

Abstract: The article focuses on the scientific knowledge and theoretical ideas about the condition and the ways of further development of social relations, arising in the sphere of imposition of administrative liability of lending agencies for the violation of current legislation on banking, including prudential requirements of the Central Bank of Russia. The author analyzes particular problems, caused by the dualism of sanctions in the Code of Administrative Offences and banking law of the Russian Federation. On the basis of theoretical researches and the practice of the mentioned norms application, the author formulates conclusions and proposals for the revealed problem elimination. The methodology of the research is based on the modern methods of scientific cognition, including the comparative-legal, the system-structural and the formal-legal methods and the systems analysis, the systems approach and other special scientific research methods. The novelty of the research is defined by the very formulation of the problem and the approach to its solving, taking into account that it hasn’t been sufficiently studied. This collision can be solved provided that the clause 1, part 1 of the article 74 of the Federal Law “On the Central Bank…” is excluded, and the article 15.26 of the Code of Administrative Offences is changed according to the author’s proposals.

Abstract: The article is devoted to the term and signs of an administrative offence which allow to distinguish an administrative offence from other violations.

Keywords: administrative offence, illegality, penalty, danger to society, guilt, harmfulness, responsibility, law

DOI: 10.7256/2454-0595.2016.1.67340

Keywords: administrative liability, fine, compulsory standards, banking, Bank of Russia, prudential requirements, banking law, warning, coercion, administrative-legal regulation

Abstract: The article is devoted to the question on administrative responsibility for violation of customs regulation. The author underlines that the applicable customs law does not comply with the administrative offences legislation. The author also suggests certain changes in administrative offenses legislation.

Keywords: liability, violation, disposition, customs, transit, territory, border, terminology, interpretation

Abstract: The article studies the legal and organizational aspects of administrative responsibility of minors and describes peculiarities of performance of the Commission on Juvenile Affairs and police actions in the sphere of prevention and suppression of juvenile crime. Based on her research, the author of the article makes certain suggestions on how to improve administrative laws.

Keywords: minors (underage), prevention, suppression, violation of law, administrative, responsibility, measures, punishment, parents, guardians.

DOI: 10.7256/2454-0595.2023.2.39762

Abstract: The article is devoted to the study of the influence of the institute of administrative responsibility on the innovative development of customs administration and digitalization of public governance. Automation of customs operations, categorization of participants in foreign economic activity, selection of objects and forms of customs control using software tools are directly related to administrative responsibility in the field of customs. Conclusions are formulated concerning the need to stimulate innovative development of the commercial side of the customs sphere, as well as the need to ensure the effectiveness of the use of automated systems, minimize potential risks, develop a legal regulation mechanism that excludes bringing to administrative responsibility of foreign trade participants for illegal acts that are not guilty, but arose as a result of errors or technical malfunctions of automated systems. The subject of the research in this article is therefore the influence of the institute of administrative responsibility on the innovative development of customs administration and foreign economic activity. The research methods were: analysis, synthesis, generalization, comparison and analogy, induction and deduction, universal dialectical, logical, statistical, formal legal research methods, the method of legal forecasting, etc. Based on the results of the scientific research, the authors substantiate the need to revise the place and role of the institute of administrative responsibility in the field of customs relations, and also formulate proposals for improving this institute in order to ensure accelerated and balanced innovative development of both customs administration and foreign economic activity

Keywords: customs control, administrative offences, foreign economic activity, customs operations, customs authorities, customs business, digitalization public governance, customs legal relations, innovative development, automated systems

DOI: 10.7256/2454-0595.2022.3.37709

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

Keywords: temporary prohibition of activity, prevention, project, administrative legislation, measure of responsibility, punishment, administrative offense, Administrative Code of the Russian Federation, administrative suspension of activity, administrative fine

DOI: 10.7256/2454-0595.2017.2.21627

Abstract: The research object is the set of legal norms establishing administrative responsibility for drug trafficking laws violation in the Republic of Kazakhstan. The research object is the range of administrative responsibility norms connected with narcotic substances, psychotropic substances, and their precursors. The author considers the fundamental Federal Law of the Republic of Kazakhstan on drugs and the key instrument, establishing administrative responsibility in the Republic of Kazakhstan, that is the 2014 Administrative Offences Code of the Republic of Kazakhstan. The research is based on the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan in the sphere of drug trafficking. The author offers eliminating the differences between the legislation of Russia and the Republic of Kazakhstan in qualifying the actions, covered by administrative law in Russia, and by criminal law – in Kazakhstan. Thus, it is necessary to accept the positive aspects of the legislation of Russia and the Republic of Kazakhstan.

Keywords: drug addiction, psychoactive plants growing, administrative fine, drug abuse, psychotropic substances, narcotic substances, Collective Security Treaty Organization countries, law of the Republic of Kazakhstan , illegal drug trafficking, administrative responsibility

Abstract: The article considers the issues of regulating a legal responsibility of a state institution when applying to citizens certain measures of proceeding an administrative offence. According to the author, not all the issues are properly enlightened in administrative legislation nowadays which lead to serious problems in law enforcement practice.

Keywords: legal, responsibility, state institution, measures, proceeding, administrative, offence

Abstract: Customs agencies of the Russian Federation detect and suppress violations of exclusive rights for trademarks. The author of the article describes certain peculiarities of arbitrage practice in the sphere of illegal usage of trademarks. These peculiarities are connected with involvement of right holders, procedural infractions in administrative procedure, expertise in the process of administrative investigation and other issues. Based on concrete cases of law-enforcement practice at Penza customs the author studies the correlation between the exclusive right for a trademark and exclusive rights for other intellectual properties and makes an analysis of contractual relations between right holders and persons who illegally use a trademark.

Keywords: customs, arbitrage, trademark, holder of right, license agreement, counter-fact, violation of law, administrative, expertise, responsibility

Abstract: The article considers the anti-corruption measures at the authority and management agencies. The author of the article notes that there are certain problems in formation of the legal and organizational grounds for implementation of the anti-corruption law and describes the types of administrative responsibility necessary to be included in the Administrative Offences Code of the Russian Federation in order to fight the corruption.

Keywords: corruption, administrative responsibility, punishment, civil officer, violation, excess, countermeasure

Abstract: The article studies the problems of enforcement of administrative responsibility in the sphere of information and describes the features of information-administrative offence. Based on that, the author makes certain suggestions on improvement of administrative legislation in this sphere.

Keywords: information, informative, domain, offence (violation of law), contents, punishment, responsibility, qualification, feature, danger, illegality.

Abstract: The authors of the article studies responsibility of subjects of municipal legal relations for realization of powers in the sphere of education. The authors describe the subjects of responsibility and makes a conclusion about complexity of municipal law responsibility.

Keywords: subjects, complexity, responsibility, powers, branch, sanction, procedure, types, law, corpus delicti

Abstract: The article considers the signs of administrative offence. The author also described specific features of administrative offence.

Keywords: violation of law, freedom, unlawfulness, danger to society, guilt, law, penalty

Abstract: Pursuant to Article 16.14 of the Administrative Offences Code of the Russian Federation failure to comply with the established requirements and conditions of placing goods at temporary storage warehouses or storage procedures implies administrative responsibility. At the same t ime, customs authorities are often faced with the situations when the responsible subject cannot be defined because of a gap in the legislation both of the national and supernational levels.

Keywords: violation of law, subject, liability, responsibility, procedure, declaring, warehousing, carrier, declarant

DOI: 10.7256/2454-0595.2023.4.43605

Abstract: The subject of the study is the legislation of the EAEU member states on administrative offenses in the field of customs. A comparative analysis of the norms on administrative responsibility for non-declaration of goods operating in the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic is carried out. The comparison of the list of administrative offenses in the field of customs affairs provided for by the national legislation of the Russian Federation and the Kyrgyz Republic was carried out. The relevance of the research topic is due to the fact that unified customs regulation is carried out on the territory of the EAEU, but administrative responsibility for violation of customs regulations is regulated by the national legislations of the EAEU members. At the same time, the sanctions and the list of compositions in each state differ significantly. The disproportionality of administrative penalties provided for by the administrative legislations of the EAEU member states has been established, and the need for unification of the composition of administrative offenses in the field of customs affairs, i.e. the establishment of a general list of articles providing for administrative liability for violation of customs rules, has also been identified. The importance of legal regulation of administrative responsibility in the field of customs in the EAEU states is underestimated, despite the fact that the institute of administrative responsibility is an effective tool for ensuring compliance with the customs legislation of the EAEU and national legislation on customs regulation. The directions of unification of legislation on administrative responsibility in the field of customs affairs in the EAEU states are formulated.

Keywords: customs business, administrative offences, fine, statute of limitations, subjects of administrative responsibility, non-declaration of goods, administrative penalties, unification of legislation, Eurasian Economic Union, administrative responsibility

Abstract: It is only lately that Russia has started to pay attention at the issues of protection of rights of under-ages who were victims of crime. It is partially due to the global tendency to reinforce the rights of victims, and it is also caused by the reinforcement of guaranteed rights of under-ages as the least protected social group which Russia cannot ignore any more because the country is getting more and more involved in the world community. It lays certain obligations no Russia and it has to follow certain international standards in the sphere of human rights protection.

Keywords: crime, punishment, victimology, under-aged, family, criminal law, security, responsibility, child, danger, victim.

Abstract: The article considers the evidence of violations of law. The author analyzed the external signs of an administrative offence and showed how the mentioned signs influenced the administrative offence to be qualified.

Keywords: violation of law, public security, illegality, commitment of guilt, punishment, case, objective and subjective evidence of violation, subject of violation

DOI: 10.7256/2454-0595.2014.2.10665

DOI: 10.7256/2454-0595.2014.2.63955

Abstract: The article concerns specific features of application of administrative legal means for the guarantees of the protection of legal formation of mechanisms for the legal protection of copyright, which would conform with the modern needs. Having analyzed the issue of role and place of administrative coercion within the sphere of fighting offences against copyright and grounds for its application, the author notes that administrative legal preventive measures in the sphere of copyright protection have some positive features, which are due to its comparative ease and fast implementation, allowing for operative reaction to the copyright violations. Additionally, application of administrative legal measures is possible in a number of cases, and in the copyright sphere in particular in a preventive way without the offences, which makes it more efficient towards both natural persons and legal entities. Also, the administrative decisions may be used in future as evidence of copyright violation by a respondent in a civil or an arbitration process. In the process of preparation of this article the author used the comparative legal method, sociological method of systemic analysis, comparative and historical comparative method, and the structural functional method. Discussing efficiency of administrative legal sanctions, it is noted that it depends both at their unavoidable and operative application, and their efficiency, which relates to the amounts of monetary fines. At the same time, the author states that higher sums of administrative fines should be regarded from a fiscal standpoint, that is, these measures should not be aimed at income into federal and regional budgets.

Keywords: copyright, administrative legal sanctions, basis for legal responsibility, administrative coercion, offence, evidence, counteraction, efficiency, convincing, politics.

DOI: 10.7256/2454-0595.2015.2.12820

Abstract: One of the ways of legality provision in the proceedings on administrative offences is an obligatory issue of summons on the person, charged with the offence commitment. The improper issue of summons is an unconditional reason for cancelation of determination about administrative punishment infliction. Procedural legislation regulates this sphere inconsistently, consequently, a plenty of problems appear in law-enforcement practice. The article analyzes the criteria of proper issue of summons in the proceedings on administrative offences set in law-enforcement practice. The author uses the general scientific methods (analysis and modeling), and the special methods (comparative-juridical and technical-juridical). The article reveals the problems appearing with serving the summons on the persons, committed the violation norms of the existing legislation. One of the main problems is the evasion of a person from the receipt of summons, and the absence of the algorithm of actions for the administrative bodies’ officials in such situations in the existing legislation. On the base of judicial practice analysis the author offers the possible way to solve this problem.

Keywords: proper issue of a summons, proper issue of a summons criteria, proceedings, way of serving a summons, place of serving a summons, improper issue of a summons, administrative coercion, administrative offence, types of improper issue of a summons, summons

DOI: 10.7256/2454-0595.2015.2.66152

DOI: 10.7256/2454-0595.2016.2.17884

Abstract: The author considers the aspects of administrative liability enforcement in cases of violation of the legislation in the sphere of technical regulation in the Russian Federation, and the ways of its improvement. Special attention is paid to the principles of justice, legal liability individualization, and the proportionality of the punishment to the gravity of the crime when defining the sums of administrative penalties. The author studies the problem of the turnover-based fine application as a means of repeated offences reduction and the economic entities’ honest behavior encouragement. The methodology of the research is based on the dialectical method and the systems approach. The author applies the methods of analysis, generalization, synthesis, and prognostication. The author concludes that it is rather hard to observe the proportionality criteria and to ensure the individualization of the punishment when applying the administrative fine with the lower limit from 100000 rubles. In some cases such a fine is used as an instrument of economic independence suppression. The author offers to apply the differentiated approach in order to define the amount of penalties, imposed on economic entities, and to apply the fine calculated according to the share of the turnover of capital of the company for the certain period, taking into consideration all mitigating and aggravating circumstances, rather than to apply the fixed fine.

DOI: 10.7256/2454-0595.2016.2.67411

Keywords: liability, measures of state coercion, offence, legislation update, development trends, urgent problems, state control, state supervision, administrative penalty, problem issues

DOI: 10.7256/2454-0595.2015.2.14281

Abstract: 1. The subject of the article includes legal and organizational problems of revelation of causes and conditions of administrative delicts. The object of the article is a range of public relations in the sphere of prevention and prophylaxis of administrative offences. The authors pay special attention to the forms and methods of activities of state power and administration bodies aimed at the prevention of administrative offences. Special attention is paid to the theory of this problem; the article formulates the proposals about the improvement of the legislation in the sphere of administrative offences. Also, special attention is concentrated on the logical connection of administrative offences and criminal delicts. 2. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in specific sociological researches. 3. The main conclusions of the research relate to the improvement of the legislation on administrative offences. The originality of this paper consists in the fact that it presents a comprehensive evaluation of public authorities' activities in the sphere of offences prevention; substantiates the use of the system approach in the sphere of crimes and administrative offences prevention. The specific contribution of the article consists in the conclusion that the achievement of significant results in provision of the rule of law and protection of the rights of citizens from various illegal encroachments is possible only on the basis of a complex approach to crime prevention.

DOI: 10.7256/2454-0595.2015.2.66153

Keywords: delikt, pravonarushenie, politsiya, zakon, pravo, profilaktika, preduprezhdenie, kriminal

DOI: 10.7256/2454-0595.2013.2.62128

Abstract: Based on the analysis of previously provided definitions of administrative responsibility, the author makes the definition of administrative responsibility to be used for the purposes of the prosecutor’s supervision over administrative jurisdiction authorities enforcing the law in the sphere of economics. The author also describes the principles of administrative responsibility as a measure of state enforcement. The results of the study will be interesting for researchers and can be used in organizing and providing the prosecutor’s supervision over administrative jurisdiction authorities enforcing the law in the sphere of economics.

Keywords: responsibility, supervision, prosecutor’s office, economics, principles, definition, signs, enforcement, legal provision.

DOI: 10.7256/2454-0595.2016.3.16139

Abstract: Local government bodies and officials are the lower tiers within the state system; their responsibility for their activities is a direct and real guarantee of a proper performance of obligations. Constitutional responsibility is one of the forms of responsibility which can be applied to these subjects. Both the level of independence of local governments, and the possibility of imposition of liability on local government bodies and officials depend on the legal regulation of this form of responsibility. The research is aimed at the analysis of the general provisions of constitutional responsibility of local government bodies and officials. The author applies general scientific and specific legal methods of cognition, including the logical, technical, comparative, and system methods. The author defines the correlation of the concepts “responsibility of local government bodies and officials”, “municipal legal liability”, and “constitutional responsibility”; reveals the problems of defining the content of constitutional offence and considering particular measures as the measures of constitutional responsibility; creates the model of a reasonable differentiation of forms of responsibility within the system of local government.

Keywords: constitutional responsibility, responsibility of authorities, responsibility of officials, chief of a municipal unit, responsibility of a representative body, municipal legal responsibility, dismissal, responsibility to the citizens, responsibility to the state, independence of local government, constitutional responsibility, responsibility of the authorities, responsibility of officials, the head of the municipality, responsibility of the representative body, municipal liability, dismissal resigned, responsibility to the people, responsibility to the state, local government autonomy

DOI: 10.7256/2454-0595.2016.3.67520

DOI: 10.7256/2454-0595.2014.3.11175

DOI: 10.7256/2454-0595.2014.3.64085

Abstract: The study of administrative legal position of the participants in the administrative offences cases shows that the problem of guarantees of rights and lawful interests of a person in the proceedings on administrative offences cases has several main aspects regarding the proceedings on the cases of administrative offences; application of administrative coercion measures in general, activities of the state regarding guarantees of rights and lawful interests of the state in the administrative law sphere. In the Russian Federation the system of state protection of human rights and basic freedoms is established and it included the rights and freedoms of a victim of an administrative offence. In the process of development of administrative legislation the activities of state bodies and officials implementing proceedings on administrative offence cases there was shift from the principle of protection of rights and interests of the state, society and individual. The methodological basis for the work was formed by the modern achievements of the cognitive theory. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The legal position of the participants of the proceedings on the administrative offences cases is characterized by a complex of rights and obligations, which are based upon the constitutional rights and obligations of an individual, having its own specificities, additional rights and obligations. Additionally, the legal position of the participants of the administrative offence cases includes legal responsibility, which takes place in cases of non-performance or undue performance of their obligations.

Keywords: guarantee, process, participant, status, regulation, coercion, organization, proceedings, stage, person.

DOI: 10.7256/2454-0595.2014.3.11122

DOI: 10.7256/2454-0595.2014.3.64086

Abstract: The article concerns topical issues regarding proceedings on administrative offence cases within the competence of the customs bodies within the framework of the functioning Customs Union. The author analyzes the administrative legislation of the Member States of the Customs Union regarding violation of customs rules in the sphere of procedure for initiation of cases on failure to deliver the goods. It is noted that the Administrative Offences Code of the Russian Federation establishes responsibility for the failure to deliver the goods carried in accordance with the customs transit no matter what customs body defines the place of delivery and whether the place where the goods should be delivered to is situated in the territory of the Russian Federation or in the territory of the Party. However, since the Republic of Belarus and the Republic of Kazakhstan still did not take measures for the unification of their administrative legislation, it forms prerequisites for the situations when persons, who have committed violations of the requirements of the customs legislation of the Customs Union of the Russian Federation may avoid responsibility and have the sustainable schemes for avoiding payment of the customs fees.

Keywords: unification of legislation, delivery of goods, carrier, the Customs Union, administrative offences, customs transit, administrative responsibility, legal regulation, customs bodies, transit.

DOI: 10.7256/2454-0595.2013.3.62443

Abstract: The article is devoted to the problems of implementing measures of administrative responsibility for violation of law on meetings. It is note that there are a lot of legal and organizational problems on the way to implementation of such measures of legal responsibility.

Keywords: meeting, march, responsibility, enforcement, control, violation, freedom, manifestation, picketing, picketer, law, prohibition, liability.

DOI: 10.7256/2454-0595.2015.3.13849

Abstract: The subject of the research is the complex of problems of a scientific and practical character connected with the application of measures of administrative responsibility for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The object of the research includes public relations appearing in the process of administrative measures application for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The authors pay special attention to the content and the principles of administrative responsibility in the sphere in question and formulate the suggestions about the enhancement of its realization. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the theoretical and the general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal logical) and the methods used in special sociological research (the statistical method, expert evaluations, etc). The article explains the necessity of extension of protective effect of administrative responsibility measures applied for the violation of order of production and distribution of ethyl alcohol, spirituous and alcohol-containing production, reveals the material and procedural components of administrative responsibility in this sphere. The study theoretically substantiates and reveals the mechanism of administrative measures realization in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. Moreover, the authors come to the conclusion about the necessity of inclusion of licence abolition as an administrative punishment for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production.

Keywords: alcohol, spirit, responsibility, punishment, fine, police, coercion, control, distribution, production

DOI: 10.7256/2454-0595.2015.3.66232

Keywords: alcohol, spirit, responsibility, punishment, fine, police, coercion, control, distribution, production

DOI: 10.7256/2454-0595.2016.4.16843

Abstract: The research object is the institution of disciplinary liability of public officers of the Russian Federation and the related category “service delictness”, which, in spite of its theoretical and practical importance for the public service system improvement, hasn’t been sufficiently justified and studied within the framework of the legal science. The research subject is legal regulation of the system of public administration and public service in the Russian Federation, and the statistical data serving as a basis for the conclusion about the growth of service delictness within the system of public service, thus conditioning the need for the use of a system and a balanced approach when developing and implementing the concept of disciplinary policy in public administration, which is the direction of public service development. The research methodology is based on the dialectical principles of the system approach to the analysis of processes and phenomena and the universal linkage and development. On the base of the study the author substantiates the necessity to form the concept of a common disciplinary policy within the public service system of the Russian Federation, defines the system approaches to its implementation, reveals the essence of the scientific category “service delictness”, establishes the link between service delictness and disciplinary policy within the public service system of the Russian Federation.

Keywords: public administration, public service, disciplinary liability, legal policy, disciplinary policy, administrative delictness, service delictness, service and disciplinary delicts, disciplinary sanction, service legal relations

DOI: 10.7256/2454-0595.2016.4.67627

DOI: 10.7256/2454-0595.2016.4.16990

Abstract: The research object is the range of social relations in the sphere of residence registration of the citizens of the Russian Federation and administrative liability for the absence of the residence registration in the living accommodation. The research subject covers the provisions of the article 19.15.1 of the Code of Administrative Offences of the Russian Federation, and the provisions of the Constitution of the Russian Federation and the Federal Law of 25 June 1993 № 5242-1 (version of 31 December 2014) “On the right of citizens of the Russian Federation to the freedom of movement and residence within the territory of the Russian Federation”. The leading research method is the dialectical approach together with the critical vision of the gaps and the drawbacks of the legislation in the sphere of registration, and the liability for its violation. The author offers to limit administrative liability for residing without a registration, and to impose it only on the potentially dangerous citizens of the Russian Federation. The residence registration and the liability for its absence should be abolished for law-abiding citizens. The necessity to have a residence registration for law-abiding citizens hampers the implementation of the right to the freedom of movement and residence. The residence registration should be obligatory for the citizens having a criminal record for intentional crimes, having asocial way of life, registered in narcological or psychoneurologic dispensaries, or other socially dangerous persons.

Keywords: registration, registration, living accomodation, residence, administrative offence, administrative liability, in-migration, object, objective side, subjective side

DOI: 10.7256/2454-0595.2016.4.67628

Keywords: registration, registration, living accomodation, residence, administrative offence, administrative liability, in-migration, object, objective side, subjective side

DOI: 10.7256/2454-0595.2014.4.11299

DOI: 10.7256/2454-0595.2014.4.64184

Abstract: The article is devoted to introduction of the administrative prejudicing in the criminal legislation of Russia. The author provides a constructive analysis of various viewpoints regarding the possibility for the application of administrative prejudicing in the criminal law of Russia. The author also evaluates the problems of applying criminal and administrative responsibility for the unlawful organization of gambling regarding the issue of responsibility of a person, who organizes unlawful gambling, does not receive the profits from it. Within the framework of the study the author turns to the history of the formation of the administrative prejudicing construction in the Russian legislation. Administrative prejudicing is making a person responsible for a crime due to him previously committing an analogous administrative offence. Administrative prejudicing may be applied in two forms. The first form provides that a person, who was previously found guilty for the administrative offence is brought to criminal responsibility for committing the same offence for the second time. The second construction provides for the period of committing repeated offences as a qualifying element. The article contains a proposal for introduction of the administrative prejudicing of criminal responsibility for unlawful organization of gambling activities and introduction of the relevant amendments into the Administrative Offences Code of the Russian Federation and the Criminal Code of the Russian Federation, substantiating the need for the said changes. The author also offers to resolve the conflict of laws of criminal and administrative legislation regarding the period for bringing a person to criminal responsibility with due regard for the introduction of the administrative prejudicing construction.

Keywords: administrative prejudicing, unlawful gambling activity, administrative responsibility, conflict of laws, judicial decision, the Criminal Procedural Code, pro et contra, administrative offence, prevention.

DOI: 10.7256/2454-0595.2013.4.62541

Abstract: The author of this article evidently shows the need in a new modern definition of aims of legislation on administrative offence. The author analyzes the structure of aims of legislation on administrative offence and compares aims set forth by the Administrative Offence Code of the Russian Federation with other branches of law. Based on the results of the study, the author makes certain suggestions on wording of Article 1.2 of the Administrative Offence Code of the Russian Federation.

Keywords: aims, law, administrative, responsibility, modern, definition, style, efficient, protection.

DOI: 10.7256/2454-0595.2015.4.13159

Abstract: The subject of the research is qualification of administrative offences specified in the articles 12.6 and 12.23 part 3 of the Code of Administrative Offences of the Russian Federation. Implementation of the principle of unavoidability of punishment means the correct qualification of the offence committed. Unfortunately, when qualifying administrative offences in the sphere of road traffic a law enforcer sometimes faces the situation when one deed refers to several competing administrative-legal regulations. Regulations provide for various types of responsibility for transportation of children without a safety belt. In such situations the correct qualification of this deed is necessary for the correct legal treatment of the deed and imposition of a corresponding punishment. The author of the article considers the problem of correlation between the rules of transportation of children (article 12.23 part 3 of the Code of Administrative Offences) and the rules of safety belts use (article 12.6 of the Code) as competing legal regulations in the sphere of road traffic. The correct qualification of administrative offences fosters the respect for law enforcement bodies in citizens and promotes the increase of legal sense and legal culture of road traffic participants. The author uses general scientific methods (analysis, synthesis, the comparative method) and special research methods. The analysis of the administrative legislation and the court and law enforcement practice shows the need for the general explanation by the Supreme Court of the Russian Federation of the order of application of the rules of children transportation (article 12.23, part 3 of the Code of Administrative Offences) and the rules of safety belts use (article 12.6 of the Code). It is necessary to amend the general part of the Code of Administrative Offences of the Russian Federation with the regulation explaining the order of the general and the special norms of the Special Part application.

Keywords: offence, qualification, regulation, competition, principle, unavoidability, punishment, legal sense, law enforcement, court practice

DOI: 10.7256/2454-0595.2015.4.66314

Keywords: offence, qualification, regulation, competition, principle, unavoidability, punishment, legal sense, law enforcement, court practice

DOI: 10.7256/2454-0595.2015.4.14614

Abstract: The article analyzes the provisions of the Federal law "On automobile roads and road activities" and Code of the Russian Federation "On administrative offences" regarding imposition of administrative responsibility for both road users (individuals and legal entities) and officers of the traffic control sector for violations in repair, roads maintenance and safety. The authors propose the measures for improvement of the legislation on administrative offences, including toughening of responsibility and introduction of additional chapter in the Special part of the administrative code. The authors use the system, the comparative legal and the formal logical methods. The improvement of the Code Of The Russian Federation "On administrative offences" and the Federal law "On automobile roads and road activities.." No. 257-FL dated 8.11.2007 through the inclusion of new rules on liability in the sphere of roads and road-related activities, will allow not only to improve the responsibility system of road users and organizations involved in the operation of roads, but also to codify the responsibilities of road management, as well as their managers.

Keywords: officials, road users, administrative offences, road legislation, administrative responsibility, road activities, roads, administrative fine, individuals, legal entities

DOI: 10.7256/2454-0595.2015.4.66315

Keywords: officials, road users, administrative offences, road legislation, administrative responsibility, road activities, roads, administrative fine, individuals, legal entities

DOI: 10.7256/2454-0595.2014.5.12016

DOI: 10.7256/2454-0595.2014.5.64243

Abstract: The development of democratic principles an institutions of people’s rule takes place in a complicated and contradictory situation. That is why, the state needs to take maximum effort in order to guarantee public order, and to protect the right of people in the process of public political events. In the conditions of political instability in the Russian society the separatist and extremist tendencies are growing. That is why, formation of additional legal and organizational mechanisms for minimizing the defects in the development of the Russian political system is especially topical. The right to organize, hold and participate in meetings, gatherings, demonstrations, walks and picketing is a general democratic an constitutional value. It allows citizens and their associations to take part in the political life of the state, to show their demands to the state and to support their interests within the wide range of social issues. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Taking into account the gravity of some administrative offences taking place when holding meetings, gatherings, demonstrations, walks and picketing, it is offered to amend Art. 4.3 “Circumstances aggravating administrative responsibility” of the Administrative Offences Code of the Russian Federation, and include p.7, where it should be stated that an aggravating circumstance for the participant of a public event is use of Nazi attributes and symbols or public demonstration of attributes or symbols of extremist organizations in the course of relevant event.

Keywords: responsibility, offence, elements of an offence, punishment, qualification, meeting, demonstration, walk, picketing, organizer.

DOI: 10.7256/2454-0595.2014.5.11734

DOI: 10.7256/2454-0595.2014.5.64244

Abstract: The studies of the administrative legal position of the participants of proceedings on administrative offence cases are quite topical. It is due to a whole range of circumstances, one of which is the fact that for all of the branches of law the legal position of a subject of law is key, revealing the main legal institutions. Additionally, the development of the Russian legislation on administrative offences is characterized with certain difficulties and contradictions. That is why, the studies of administrative positions of the participants of the proceedings on administrative offence cases may reveal a number of contradictions, serving as obstacles in the way for achieving the goals of the proceedings on administrative offences cases. All of these and a number of other circumstances provide for the need to improve the norms of administrative law, defining the legal position of the participants of the proceedings on administrative offences cases. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The issue of subjects of the branch of law is one of the most topical and complicated ones in the legal science. Its correct resolution influences the object and method of legal regulation, clear definition of the addressees of the legal norms, amount of their rights and obligations, limitations to the application of legal norms in the relevant discipline and its principles. The studies devoted to the subjects of administrative law facilitate the development of recommendations for the legislative and law-enforcement activities, assisting development of recommendations for legislative and law-enforcement activities, they are also necessary for the organization of the scientific work of scientists specializing in administrative law.

Keywords: status, positions, rights, obligations, responsibility, guarantees, regulation, coercion, sanction, influence.

DOI: 10.7256/2454-0595.2015.5.14366

Abstract: The article is devoted to the study of the peculiarities of imposition of administrative responsibility for the violation of migration laws on legal entities. The author considers the issues of infliction of punishment lower than the lowest limit stated in the corresponding article, and the peculiarities of responsibility in case of a belated notification about the conclusion of a labour contract with a foreign national. The article considers a range of changes which came into effect in the late 2014, and which relate to the enforcement of responsibility of legal entities for the violation of migration laws. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and the general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Administrative-legal regulation of migration of the population is one of the urgent problems in the sphere of state management for the following reasons: demographical problems, and insufficient theoretical study of the role and the importance of migration process in demographical development of the Russian Federation. These and other problems provoke a wide range of negative consequences in the sphere of enforcement of law and socio-economic development of the country. Every year illegal migration attracts more and more attention of public authorities. Annually the government considers the problems of migration in different contexts, defines the quotas of foreign labour use in the Russian Federation, and solves other problems in the sphere of migration policy. But despite the measures taken, the global problems in the sphere of migration policy haven’t been solved yet.

Keywords: responsibility, migration, the Federal Migration Service , punishment, sanction, entity, foreign national, deportation, exclusion, fine

DOI: 10.7256/2454-0595.2015.5.66440

Keywords: responsibility, migration, the Federal Migration Service, punishment, sanction, entity, foreign national, deportation, exclusion, fine

DOI: 10.7256/2454-0595.2015.5.12588

Abstract: The article considers the problems of administrative responsibility for corruption. The legislation of the Russian Federation in the sphere of administrative offences is one of the key elements in the mechanism of combating corruption. As an administrative offence of corruption character the author understands the action (inaction) of an individual person or a legal entity committed intentionally or due to carelessness with the use of official standing and deviation from rights and duties. In order to reveal corruption crimes in the Code of Administrative Offences of the Russian Federation it is supposed to proceed from the presence of: elements of bribery (article 5.16. Bribery of Voters or Participants of a Referendum, article 19.28. Unlawful Remuneration on Behalf of a Legal Entity); use of official standing (Taking Advantage of an Individual's Office or Official Position During an Election Campaign or a Referendum Campaign); violations of norms providing law and order of public management and, among others, aimed at combating corruption (article 19.29. Unlawful Engaging in Labour Activities or in Carrying Out Works and Rendering Services of a State or Municipal Civil Servant or a Former Civil Servant or Municipal Employee). On the basis of these criteria at least 11 articles of the Code should be rated as corruption offences. The author uses the logical and the statistical methods of research, studies analytical documents of the Prosecutor General’s Office of the Russian Federation, materials of judicial practice. The author offers the definition of administrative offences of corruption character and their list. The article considers some problems appearing in law enforcement practice in the process of qualification of administrative offences specified in art. 19.28, 19.29 of the Code. The author concludes: 1) Elaboration and normative establishing of a range of articles of the Code of Administrative Offences providing the responsibility for corruption offences is urgent; 2) It is reasonable to state article 19.28. in the version which provides not only the responsibilities of legal entities, but also the responsibility of individuals working as entrepreneurs without registration of a legal entity; 3) The possibility should be stipulated to condone the legal entities which actively assist the investigation in case of extortion of a bribe by an official, or if a legal person reported a crime after bribery to the official body: 4) It is necessary to amend the Code of Administrative Offences with the new corpora delicti of administrative offences of corruption character which should provide administrative responsibility for protectionism, intentional provision of unauthentic information about revenue and expenses, entrepreneurship of a public servant, inaction in case of conflict of interest, etc.

Keywords: corruption, administrative offences of corruption character, administrative responsibility, types of corruption offences, enhancement of anticorruption legislation, enhancement of administrative legislation, statistical data, corruption offence, definition of corruption offence, qualification of administration offences

DOI: 10.7256/2454-0595.2015.5.66441

DOI: 10.7256/2454-0595.2015.5.14196

Abstract: The article is devoted to the peculiarities of formulation of a constituent element of administrative anti-competitive offences. The author notes the abundance of value definitions which law enforcers have to use when penalizing for administrative anti-competitive offences. The article reveals and considers the problems of value definitions use and offers the ways of their solution. The author considers the methods defined in the general theory of law which allow the efficient use of value definitions in everyday law enforcement practice of the authorities.The methodology is based on the general scientific methods: deduction, induction, analysis, synthesis, and the special scientific methods: the comparative legal method, the formal logical and the historical-legal method. The author comes to the conclusions:1) the use of value definitions causes difficulties for law enforcement2) in order to use value definitions correctly there should be developed legal guarantees, such as the adjustment of terminology, the establishment of specifications, the development and establishing of the criteria of certain value definitions

Keywords: development of criteria, establishment of specifications, adjustment of terminology, elements of offence, value definitions, anti-competitive administrative offences, competition, antimonopoly law, administrative law, administrative responsibility

DOI: 10.7256/2454-0595.2015.5.66442

DOI: 10.7256/2454-0595.2015.5.14999

Abstract: The article focuses on legal and organizational problems related to forecasting of administrative delinquency and evaluation of its effectiveness in the police activities. The object of the article is the range of social relations associated with the forecasting of administrative delinquency. The authors consider the components of the mechanism of forecasting of administrative delinquency and make the proposals for improvement of its effectiveness in the activities of the police. The main attention is paid to the development of the criteria of administrative delinquency forecasting efficiency. The methodology of the research is based on the modern achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical methods, expert evaluations, etc.). In the result of the study of administrative delinquency in the police activities the authors conclude that the abovementioned sphere of internal affairs is not efficient enough. In this regard, at present it is important to develop the legal base for the police activities in the sphere of forecasting of administrative delinquency. The main contribution of the authors is the attention paid to this problem. The novelty of the research lies in the development of the instruments of administrative delinquency forecasting.

Keywords: efficiency,, forecasting,, forecast,, sanction,, punishment,, offence, delinquency, prevention,, police,, criminology.

DOI: 10.7256/2454-0595.2015.5.66443

Keywords: efficiency, , forecasting, , forecast, , sanction, , punishment, , offence, delinquency, prevention, , police, , criminology.

DOI: 10.7256/2454-0595.2015.6.15260

Abstract: The subject of the research is a range of organizational and legal problems of administrative delinquency forecasting and defining of its efficiency in modern socio-economic and political conditions. The object of the research is a range of social relations appearing in the process of administrative delinquency forecasting. The authors study the elements of the mechanism of administrative delinquency forecasting and formulate the ways of its efficiency enhancement. The authors pay special attention to the development of the criteria of administrative delinquency prevention efficiency. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods used in special sociological research (the statistical method, expert assessments, etc.). The authors conclude that the abovementioned sphere of internal affairs is not efficient enough. Therefore it is necessary to develop the legal base of police activities in the sphere of administrative delinquency forecasting. The main authors’ contribution is the study of this problem. The novelty of the research lies in the development of administrative delinquency forecasting instruments.

Keywords: delict, forecast, police, prevention, concept, regulation, punishment, offence, delinquency, crime

DOI: 10.7256/2454-0595.2015.6.66573

Keywords: delict, forecast, police, prevention, concept, regulation, punishment, offence, delinquency, crime

DOI: 10.7256/2454-0595.2015.6.15520

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the defining of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.). The author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation.

Keywords: nonalternative, collateral estoppel, responsibility, coercion, punishment, sanction, proceedings, delict , administrative, law

DOI: 10.7256/2454-0595.2015.6.66574

Keywords: nonalternative, collateral estoppel, responsibility, coercion, punishment, sanction, proceedings, delict, administrative, law

DOI: 10.7256/2454-0595.2016.7.18070

Abstract: The paper is devoted to the study of the problems of administrative liability in the sphere of copyright and related rights protection, whose legal grounds are characterized by a certain internal inconsistence and need correction. The research subject is the set of general statutory instruments regulating the issues of copyright and related rights protection in the Russian Federation. The purpose of the research is the comparative-legal analysis of the provision of civil and administrative legislation in the mentioned sphere, and the development of the proposals about harmonization of the mentioned provisions. The research methodology is based on the dialectical method of scientific cognition, the formal-logical, comparative-legal, system and functional and other specific research methods. The author concludes that the provision about administrative liability in the sphere of copyright and related rights protection needs harmonization with civil legislation. The author formulates the proposals about introducing changes in administrative liability legislation which, in the author’s opinion, will promote improvement of the effectiveness of copyright and related rights administrative protection.

Keywords: sound record, copies of works, information, related rights , copyright, exclusive rights, intellectual property rights, intellectual property, administrative liability, administrative coercion

DOI: 10.7256/2454-0595.2016.7.67947

Keywords: sound record, copies of works, information, related rights, copyright, exclusive rights, intellectual property rights, intellectual property, administrative liability, administrative coercion

DOI: 10.7256/2454-0595.2015.6.15655

Abstract: The article considers a lending agency as a specialized subject and its rights and lawful interests in the process of tax obligations discharge in tax process. Special attention is paid to the definition of the term “tax process” and to the formation of the author’s definition of this term. The author outlines the key problems of the protection of the rights and lawful interests of lending agencies, as resolution of conflicts between lending agencies and rating authorities in the sphere of bank secrecy. The author considers the infringement of tax legislation by lending agencies including a failure to implement the decision of a rating authority or a violation of order of account opening for a taxpayer. The author uses special legal methods of scientific research such as the comparative-legal method and the formal-logical method; partially, the author uses the method of interpretation. The main contribution of the author to the study of the essence of lending agencies in tax legal relations is a profound consideration of the role of a lending agency in a trial and in interaction with rating authorities. One of the important elements of the study is the consideration of the term “tax process” and its sense from the viewpoint of the modern scientific community.

Keywords: tax, right, lawful interest, lending agency, tax process, tax law, protection of rights, process, procedure, responsibility

DOI: 10.7256/2454-0595.2015.6.66575

Keywords: tax, right, lawful interest, lending agency, tax process, tax law, protection of rights, process, procedure, responsibility

DOI: 10.7256/2454-0595.2013.6.62791

Abstract: The absence of generally accepted understanding of the disciplinary offence as a basis for the disciplinary responsibility of state employees in the service law calls for the search of new factual bases. Having analyzed the norms of legislation on responsibility of state employees (servants) the author correlates the definition of disciplinary offences of state employees (servants) with the definition of disciplinary offence in labor law. She singles out specific features and shortcomings of the normative provisions for the disciplinary offences of civil state servants, military officers, and the law-enforcement officers, then she offers her own definition for the bases for the bringing state servants to responsibility, which should be unified in the service law. Having studied the theoretical provisions and practice of normative legal regulation, the author distinguishes the disciplinary offences from crimes and administrative offences. The result of the study is the conclusion, that neither administrative offences, nor the immoral acts, should not serve as independent bases for bringing state servants to disciplinary responsibility. The only acceptable ground for bringing state servants to disciplinary responsibility is disciplinary offence.

Keywords: state employees (servants), state service discipline, bases for responsibility, offence, disciplinary offence, crime, administrative offence, immoral act, corruption act.

DOI: 10.7256/2454-0595.2013.6.62792

Abstract: The article is concerned with the topical issues regarding delivery of means of communications to the persons detained in the institutions of criminal penitentiary system. Under Art. 9 of the Criminal Penitentiary Code of the Russain Federation the key instrument for the correction of the convicts is the regime of serving sentence, as established by Federal Laws of the Russian Federation, normative legal acts of the Ministry of Justice of the Russian Federation, and the Federal Service for the Execution of Punishments of the Russian Federation. It guarantees protection and isolation of the convicts, constant supervision, implementation of their obligations, rights and lawful interests, as well as their personal security.

Keywords: regime of serving a sentence, officials, institutions, bodies, criminal penal, system, competent, to fill out, protocols, prohibited, objects, things, foodstuffs, administrative responsibility for delivery of means of communications to convicts.

DOI: 10.7256/2454-0595.2014.7.10569

DOI: 10.7256/2454-0595.2014.7.65176

Abstract: The object of studies in this article involves social relations, which are formed in the process of application by the prosecutor of the provisions of the Administrative Offences Code of the Russian Federation regarding competence of prosecutors as participants in the administrative offences cases. The author analyses the meaning of the term “prosecutor” within the context of implementation by the prosecutors of the specific competences provided for them in the Administrative Offences Code of the Russian Federation both in the process of application of means of administrative influence by the administrative jurisdiction bodies and within the framework of participation of prosecutors in the proceedings on the administrative offence cases. The conclusion is made on the need to amend the current legislation, and the author provides specific phrasing for the innovations. In the process of analysis the author mostly applied logical method and method of comparative legal studies within the context of comparison of the norms of the Administrative Offences Code of the Russian Federation and the Federal Law “On Prosecution in the Russian Federation”. The scientific novelty of the article is due to the fact that the author has provided in-depth analysis of the norms of the Administrative Offences Code of the Russian Federation containing mentions of the Prosecutor as an official and corresponding norms of the Federal Law “On Prosecution in the Russian Federation”, since this term covers a rather wide range of prosecution officials. The immediate result of the study involves new phrasings for the provisions of the said legislative acts.

Keywords: prosecutor, prosecutor status, prosecutor competence, initiating a case, proceedings on a case, prosecutor supervision, protest on a decision, administrative prosecution, supervising prosecutor, administrative offence.

DOI: 10.7256/2454-0595.2015.7.12989

Abstract: The norms imposing administrative responsibility are formal if the decisions are not executed. The author analyzes law enforcement practice and concludes that in case it is not reasonable to impose a fine (particularly when an administrative fine equals to fines for some types of criminal offences), it is reasonable to impose another type of administrative punishment, thus achieving the main aim – prevention of new offences by the same offender and by other persons. Large fines which are very difficult to exact should be replaced with other proportionate types of punishment. The author of the paper suggests amending the art. 20.25 of the Code of Administrative Offences of the Russian Federation with a part 11, containing the responsibility for the evasion of administrative punishment imposed for special rights abuse. The author argues that the adequacy of an imposed punishment for the evasion of administrative punishment will promote the principle of unavoidability of punishment. For data collection and processing the author uses the formal-logical and the dialectical methods, and the comparative-legal, logical and statistical analysis of the cases of administrative offences in the sphere of traffic safety. The toughening of administrative responsibility for offences in the sphere of traffic safety leads only to the decrease of some types of such offences, but it solves neither the problems of the quantity of traffic accidents and the amount of victims, nor the problems in the sphere of the imposed punishment execution. In law enforcement practice of traffic officers administrative executive proceedings are widely used not only for the observance of the principle of unavoidability of punishment, but also as a preventive measure for traffic safety provision. Therefore, the execution of decisions on administrative offences is one of the priority directions in this sphere. This research is aimed at the Russian traffic police efficiency enhancement in the sphere of administrative punishment for traffic violation execution. The author analyzes law enforcement practice of the imposed administrative punishment execution and offers recommendations for legislation enhancement in the sphere of administrative responsibility for traffic violation.

Keywords: natural person, deprivation of a special right, proceedings, execution, decision, fine, offence, punishment, administrative responsibility, traffic safety

DOI: 10.7256/2454-0595.2015.7.66657

Keywords: natural person, deprivation of a special right, proceedings, execution, decision, fine, offence, punishment, administrative responsibility, traffic safety

DOI: 10.7256/2454-0595.2014.7.12209

DOI: 10.7256/2454-0595.2014.7.65177

Abstract: The article concerns innovations in the administrative legal regulation of the international cooperation in the sphere of customs bodies of the Russian Federation in the administrative offence proceedings under the amended Chapter 29.1 of the Administrative Offences Code “Legal Aid on Administrative Offences Cases”. The author pays attention to the absence of legal definition of the term “legal aid on administrative offences cases”, that is why for the purpose of scientific studies of the definition of this term, the author analyzes the definitions of international legal aid and legal aid on criminal cases. The article also provides for the causes for the legislative provision of this form of international cooperation in the administrative offences proceedings. In addition, the author analyzes the specific features of provision of legal aid on administrative offences cases in regard to the activities of the customs bodies of the Russian Federation. The methodological basis for the study is formed with the dialectic materialism, and the system of general and specific scientific methods, which is based upon it, including: formal logical method, systemic method, method of comparative legal studies, etc. The author provides a definition of the term “legal aid on administrative offences cases”, offering to introduce into the scientific turnover the term “legal aid in the process of administrative offences proceedings by the customs bodies of the Russian Federation”. In addition based upon the study the author formulates the conclusion that provision of legal aid on administrative offences cases is an element of administrative process ( proceedings on administrative offences cases) in the activities of customs bodies of the Russian Federation.

Keywords: legal aid, international cooperation, provision of legal aid, customs bodies, administrative offences, reciprocal principle, international treaty, proceedings on a case, customs offences.

DOI: 10.7256/2454-0595.2015.7.15821

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The authors carry out the theoretical and legal analysis of the existing concepts regulating this process. The article presents the authors’ attitudes towards the notion of administrative-legal prevention of offences and ascertainment of personal and professional traits of the subject of administrative delict. The main attention of the authors is paid to the development of methods and methodology of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The article provides the authors’ attitudes towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The authors conclude that at present in order to provide nomocracy in the sphere of application of administrative legislation it is necessary to enhance the forms and methods of ascertainment of reasons and conditions of administrative offences. The main contribution of the authors is the statement about the need for the development of administrative-legal regulation of revelation of the potential subjects of administrative delicts. The novelty of the research lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities and to create the legal and organizational guarantees of legality in Russia.

Keywords: punishment, sanction, offence, competence, police, delict, result, reason, condition, base

DOI: 10.7256/2454-0595.2015.7.66658

Keywords: punishment, sanction, offence, competence, police, delict, result, reason, condition, base

DOI: 10.7256/2454-0595.2014.7.12202

DOI: 10.7256/2454-0595.2014.7.65178

Abstract: The object of studies includes combination of legal norms, theoretical provisions and aspects of practical activity defining the principles of activities of customs bodies officials regarding evidence and proof in the administrative offences proceedings. The immediate object of the studies includes both the norms of administrative procedural law and the norms of material law regulating the relations, which appear in the relating regarding the movement of goods and vehicles through the customs border of the Customs Union. The theoretical basis for the study was formed with the provisions of the theory of proof, administrative process and other procedural branches of law, as well as of the customs law. The article also involves analysis of some aspects of law-enforcement activities of structural divisions and officials of the customs bodies, taking part in the process of proof on administrative offences cases. In the process of studies the author used dialectic method of scientific cognition, reflecting the interrelation between theory and practice, general theoretical methods: deduction, analysis, synthesis, analogy. The author also involved method of comparative legal studies. The issues regarding the principles of procedural proof in administrative offence cases within the competence of the customs bodies did not previously form an object for independent studies. The conclusions are as follows: the author provides classification of the administrative procedural proof with due respect to the specific features of administrative jurisdiction activities of the customs bodies — the adversarial nature of proof in administrative jurisdiction activities of the customs bodies in relation with the judicial proof (viewing the cases on concealment of goods from customs control under Art. 16.1 p.2 of the Administrative Offences Code of the Russian Federation), judicial challenging of decisions of the customs bodies on administrative offences cases; there is need to clarify the list of persons, for whom there are special conditions for the application of injunctions on administrative offences cases and administrative responsibility. It is also offered to amend the legislation in order to include the principle of fairness in part of making decisions on administrative offence cases. There is also need to widen the scope of competence of tax bodies for initiation and resolution of cases regarding violation of the procedure for the international automobile transportation through the state border of the Russian Federation. There is need to clarify the procedural status of the representative of an organization or an individual entrepreneur in the process of examination of premises and territories, as well as objects and documents there in the process of implementation of various types of state control (supervision) by the customs bodies, since the requirements to the evidence are analogous to those for typical evidence on administrative offences cases.

Keywords: process of proof, administrative jurisdiction process, violations of customs rules, principles of proof, adversarial procedure, evidence, customs bodies, customs control, administrative offences, customs work.

DOI: 10.7256/2454-0595.2013.7.62975

Abstract: The article includes analysis of organizational and legal problems regarding implementation of the administrative responsibility, and it is noted that the current legislation on administrative offences lacks the definition of administrative offence, which is not a positive matter. In scholarly writing administrative responsibility is defined as an administrative coercive measure, which is applied to physical and legal entities. The measures of administrative responsibility are administrative punishments, which include proprietary and non-proprietary limitations of rights, and which are implemented within an established procedural order.

Keywords: public, responsibility, offence, punishment, guilt, guilty, sanitation, sanction, coercion, threat

DOI: 10.7256/2454-0595.2013.7.62976

Abstract: The article includes comparative analysis of the elements of the institution of administrative responsibility of insolvency officers under the current legislations of the Russian Federation and Ukraine. Most of attention is paid to the grounds for administrative responsibility and types of measures of administrative responsibility. The author notes similarities and differences in legislation and law-enforcement practice in two states. The attention is drawn to some topical issues of general theory of administrative responsibility, as applied to bankruptcy (insolvency).

Keywords: insolvency officer, administrative responsibility, administrative offence, bankruptcy, insolvency, sanitation, entrepreneurs, corruption, legal entities, debtor, creditor

DOI: 10.7256/2454-0595.2016.9.18621

Abstract: The research subject is the procedure of consideration of cases on administrative offences during the departmental control in the sphere of government defence order (GDO) and the issues of administrative responsibility. The administrative responsibility in the sphere of GDO consists in the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code. The Federal Law of 05.04.2013 No 44 “On the contract based system of state procurement of goods, services and works”, article 3, defines the main concepts used in the sphere of government defence order. Particularly, the concept of “supervisory body in the sphere of state procurement” means the federal executive body, municipal local authority, local authority of a city district, authorized to carry out supervision over procurement, and the federal executive body authorized to carry out supervisory functions in the sphere of government defence order and state procurement of goods, services and works which are not connected with the government defence order and the information about which is classified”. The supervision function consists in the constant regular supervision of special government bodies over the work of bodies and persons, not subordinate to them, for the purpose of detecting legality infringements. The subject of regulation of departmental control is the inspection of observance of the legislation in the sphere of GDO by public procurement authorities, leading executives, executives, federal executive bodies and other entities and officials endowed with such powers. In case of detection of the signs of violation of the Federal Law “On government defence order” No 275, the supervisory authority initiates and considers the cases on the infringement of the legislation in the sphere of GDO. The proceedings are initiated according to the standard procedure established by the legislation of the Russian Federation. The research methodology is based on dialectical materialism and the set of general and special research methods, including the formal-logical, system, the method of comparative jurisprudence, etc. The article considers the issues of administrative regulation of the procedure of consideration of administrative cases in the sphere of government defence order. The author analyzes the peculiarities of consideration of such cases and the issues of departmental control. The author offers the definition of administrative responsibility in the sphere of government defence order as the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code, the concepts of departmental control and supervisory body.

Keywords: initiation of proceedings, procurement, term, direction, supervision, commission, executive bodies, municipal needs, administrative responsibility, Administrative Offences Code

DOI: 10.7256/2454-0595.2016.9.68121

Keywords: initiation of proceedings, procurement, term, direction, supervision, commission, executive bodies, municipal needs, administrative responsibility, Administrative Offences Code

DOI: 10.7256/2454-0595.2016.9.20074

Abstract: The article substantiates the specific rules of guilt qualification in the cases of infliction of harm according to civilized and administrative legislation. Unlike public delictual relations, the qualification of a guilty civilized offence doesn’t comply with the assumption of innocence attributes, and especially with the imposition of the burden of evidence on public officials. The qualification of a guilty act of a person in relation to civilized delicts and administrative offences is connected with detecting the psychological criteria of guilt in the form of a guilty intent or negligence, but, unlike the administrative responsibility cases, there are no definitions of a guilty intent or negligence. The author concludes that the qualification of a negligent act with the signs of “gross carelessness” in relation to civilized responsibility is widely spread. It is noticeable in comparison with administrative responsibility which doesn’t individuate the forms of negligence, unlike criminal responsibility characterized by the formalization of attributes of negligence. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research. The author proves that the presumption of objective imputation of delict is a specific phenomenon typical only for civilized responsibility. Besides, the author substantiates the conclusion about the identity of subjective criteria of corporate guilt, established by the Civil Code and the Administrative Offences Code, and the legally important circumstances of force majeure, extreme necessity and necessary defence. A civil sanction, unlike a public one, is not a punishment and doesn’t have preventive purposes.

Keywords: responsibility, punishment, sanction, private, public, correlation, offence, delict, right, law

DOI: 10.7256/2454-0595.2016.9.68122

Keywords: responsibility, punishment, sanction, private, public, correlation, offence, delict, right, law

DOI: 10.7256/2454-0595.2014.8.9110

DOI: 10.7256/2454-0595.2013.8.9369

DOI: 10.7256/2454-0595.2014.8.65271

Abstract: It is recognized in the modern administrative legal practice on payment of fines that there is a sixty-days period for the voluntary payment. However, this is not correct. In this article the authors pay attention to the periods when a person may voluntarily implement the decision, and the period when the decision is enforced by a competent official. As a general rule based upon part 1 of Art. 32.2 of the Administrative Offences Code of the Russian Federation there is a sixty-days period for the voluntary payment of the decision imposing fine in an administrative offence case. That is, there is need for a document proving payment of fine, as well as the information of its payment in the databases. At the same time, no one pays attention to Chapter 31 of the Administrative Offences Code of the Russian Federation directly providing that a decision on administrative offence case is obligatory for implementation from the moment, when it enters into force. It should be implemented by a judge, official body or an official, who has issued the relevant decision, and the decision should be sent for implementation within three days period, when it should be transferred to an official competent to implement it, and this requirement is not fully conformed to, so the principle of inevitability of punishment.

Keywords: implementation, proceedings, suspension, extension, period, administrative, offence, decision, body, competent.

DOI: 10.7256/2454-0595.2015.8.14691

Abstract: The subject of the article is a range of legal and organizational problems of police activity in the sphere of implementation of the legislation on administrative offences. The object of this article includes public relations arising during the exercise of administrative jurisdiction by the police. The author considers the problem of provision of rights and freedoms of citizens in the respective sphere of activity, draws attention to the problems of use of coercive measures against citizens. Special attention is paid to the provision of rights and freedoms of citizens in the police proceedings on administrative offences.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in special sociological research.The author proposes the ways of improvement of organization and implementation of the administrative-jurisdictional policing, especially in the provision of rights and freedoms of citizens. The specific contribution of the author consists in proving of the necessity to suspend the registration of administrative offences automatically, at least while there are technical malfunctions. The novelty of the research consists in the fact that the author proposes to extend the practice of sentencing below the minimum limit, it will meet the principle of humanism.

Keywords: coercion, control, police, officer, complaint, protocol, stage, process, jurisdiction, responsibility

DOI: 10.7256/2454-0595.2015.8.66798

Keywords: coercion, control, police, officer, complaint, protocol, stage, process, jurisdiction, responsibility

DOI: 10.7256/2454-0595.2014.8.11432

DOI: 10.7256/2454-0595.2014.8.65272

Abstract: The principles play the foremost significant role in the implementation of the main provisions of the administrative responsibility institution. The problem of definition of principles of legal responsibility still does not have an uniform solution. The current Administrative Offences Code of the Russian Federation provided in its Art. 1.3 only for the objects of competence of the Russian Federation, and it had a negative impact upon the regional law-making activities and legal practice. Regarding the administrative responsibility both the general constitutional and special principles are applied. The authors use the main provisions of the general scientific dialectic method of scientific cognition, as well as systemic method, historical legal studies, comparative legal methods, and various techniques of formal logic Implementation of administrative punishments is based upon certain clearly established rules, which are called “principles” in the legal literature. Currently the practice of application of principles of administrative responsibility is based upon both the specific features of implementation of legal norms in a nation state, and attention to the global legal problems. Based upon the critical analysis of the modern condition of administrative delict legislation of the constituent subjects of the Russian Federation the authors substantiate propositions for the improvement of the legal regulation of responsibility principles.

Keywords: administrative offence, principles for establishing responsibility, administrative delict legislation, administrative responsibility, administrative delict policy, regional legislation, principle of succession, principle of efficiency, principle of legal certainty, principle of proportionality of punishment.

DOI: 10.7256/2454-0595.2015.8.15407

Abstract: The author studies the difficulties of administrative investigation use which, in the author’s opinion, consist in the fact that certain norms of the Federal Law # 294 “On the protection of rights of legal persons and entrepreneurs during state and municipal review” and the Code of Administrative Offences of the Russian Federation are practically equal and cause a certain resemblance of the reasons for organization of an unplanned inspection and administrative investigation causing the preference of one of them depending on the decision of a controlling unit in each particular case. The author uses a complex approach of dialectical materialism, the systems analysis and the normative-legal method. The subject of the research is a normative-legal regulation of administrative investigation in administrative procedure in the sphere of town building. The author supposes that a more precise legislative decision about delimitation of the procedures of an unplanned inspection and administrative investigation could promote the optimization of legal regulation of supervisory activity, strengthening of law and order and decrease of corruption in the activities of controlling units.

Keywords: administrative investigation, unplanned inspection, administrative liability, town building, offences in the sphere of town building, Administrative investigation, controlling units, supervisory activities, administrative offence, legitimate interests

DOI: 10.7256/2454-0595.2015.8.66799

DOI: 10.7256/2454-0595.2014.8.12358

DOI: 10.7256/2454-0595.2014.8.65273

Abstract: The object of studies in this article involves legal responsibility of political public non-governmental organizations (NGOs) and types of responsibility of such organizations. The author analyzes the existing opinions in the sphere of application of certain types of responsibility of NGOs in the Russian legal doctrine. In this respect the authors distinguish positive and negative legal responsibility, providing brief characteristics of each sub-type of responsibility in certain situations, as well as viability of application of certain types of responsibility in certain situations. Methodology of studies is viewed from the standpoint of materialistic dialectics, the authors use general scientific cognition methods — system, generalization and analysis of scientific, normative and practical materials, methods of dialectic cognition. The scientific novelty of this article is due to the studies of the legal responsibility of political public NGOs within the framework of the modern Russian legislation, as well as the specific features of relations between the state and the subject involved in the administration of public affairs in the process of application of certain legal norms in cases of administrative offences.

Keywords: non-governmental organizations, positive responsibility, legal responsibility, negative, administration, public affairs, society, democracy, citizens.

DOI: 10.7256/2454-0595.2015.8.16065

Abstract: Intellectual property is an important component of spiritual and economic life of society, in this regard the state must ensure the comprehensive protection of intellectual property rights. The subject of this article is the question of public liability for copyright infringement. The purpose of the article is to analyze the criminal offenses and administrative offenses in this sphere and to reveal the deficiencies of legal regulation of public liability for copyright infringement. The work uses the methods of analysis, analogy, modeling, study of legal norms and law-enforcement practice. In the result the author identifies a number of illegal actions which violate copyrights but can't be regulated by the norms of legal or criminal legislation. The author proposes the amendments to the Code of Administrative Offences of the Russian Federation which can provide the comprehensive copyright protection by means of public law.

Keywords: plagiarism, copyright, intellectual property, related offenses, criminal liability, administrative liability, public liability, changes in legislation, exclusive rights, offence

DOI: 10.7256/2454-0595.2015.8.66800