Administrative and municipal law - rubric Administrative enforcement

Abstract: Despite the fact that the questions of administrative enforcement are classic for the theory of administrative law, they retain their relevance. New challenges and threats, as well as the paradigm of social and economic development, substantiate the need for revising the traditional points of view regarding such phenomenon as “administrative enforcement”. The key question on the agenda is the problem of determination of balance between private and public components in application of administrative enforcement measures, as well as the criteria that prevent excessive enforcement. Attention is turned to the functionality of such enforcement. The author describes its procedural and administrative aspects, as well as analyzes the effectiveness of implementation of this type of public enforcement. The questions of administrative enforcement do not cease to be relevant in the time of political and social instability; therefore, in order for the administrative enforcement to discharge its functions, the legislation should take into account the emerging processes and realities. The author notes that for preventing excessive administrative enforcement, the individual rights and freedoms should not be unduly restricted; only this guarantees fair public enforcement. It is also underlined that the administrative enforcement is of procedural nature, which justifies introduction of the category “procedural enforcement” into the formal legal discourse.

Keywords: state, provision, suppression, prevention, law, punishment, penalty, police, responsibility, sanction

DOI: 10.7256/2454-0595.2020.5.32696

Abstract: This article examines the state of problem of preventing administrative violations that impinge on health of the citizens, namely physical assault, administrative responsibility for which is stipulated by the Article 6.1.1 of the Code of the Russian Federation on Administrative Offenses as one of the relevant questions in organization and activity of the branches of internal affairs of Russia. The author reviews the questions of preventing violations for physical assault in the context of enhancing control by the district police officers over individuals who committed such type of administrative violation; application of different preventative measures depending on the identity of a wrongdoer, circumstances of commission of an administrative offence, as well as social behavior after having committed an offence. The author describes the case law on the category of physical assault, which characterize personality of the offender. Comparative analysis is conducted on the normative legal acts that envisage the grounds for placement and removal of various categories of individuals from the prevention watchlist. In conclusion, the author makes a number of recommendations on the improvement of preventative measures applied by police officers with regards to administrative offences for committing physical assault, as well as preterm removal from the prevention watchlist of persons under the conditions of their improvement, service of administrative penalty, positive characteristics from the place of residence.

Keywords: prevention, beatings, administrative offense, measures of administrative prevention, health of citizens, offender, accountable person, police officer, police activity, correction

DOI: 10.7256/2454-0595.2014.1.10107

DOI: 10.7256/2454-0595.2014.1.63942

Abstract: The article concerns substantial provisions on the propaganda and advertisement of narcotic and psychoactive substances and their precursors, plants containing narcotic, psychoactive substances, their precursors, or their constituent parts, containing narcotic, psychoactive substances or their precursors. The author offers characteristics of objective and subjective elements of this offence, analyzes public danger of this unlawful act, clarifies the characteristics of the crime subject. The author distinguishes propaganda or advertisement from the standard entrepreneurial acts aimed to promote t he goods, and not its markings, emblems, color or meaningful elements. Based upon the judicial practice the author criticizes the existing methods used for defining propaganda of narcotic and psychoactive substances. He provide examples of advertisement of narcotic substances in social networks and the practice of the Federal Drug Control Service on interception of these acts. He establishes that the current antinarcotic policy of the Russian Federation is unnecessarily strict and the norms of Art. 6.13 of the Administrative Offences Code of the Russian Federation regarding entrepreneurs promoting their goods in the consumer market is applied somewhat arbitrarily. In the opinion of the author it may be regarded as a departure from the main idea of fighting drug addiction (lowering the number of persons with drug addictions, lowering the level of crimes regarding illegal turnover of drugs and other encroachments committed by drug addicts), and it also devalues the very idea for the general public. The author formulates propositions on the improvement of the current legislation in part of clarifying the term “propaganda”.

Keywords: administrative offence, propaganda, advertisement, narcotic substances, psychoactive substances, precursors, the Federal Drug Control Service, entrepreneurship, goods, judicial practice.

DOI: 10.7256/2454-0595.2018.5.26283

Abstract: The article is devoted to the problems that may arise in the process of state control and supervision over intellectual property protection of the Russian Federation as a right holder as well as means of administrative responsibility as the means of legal protection of the aforesaid rights. The focus of the research covers is the combination of the main local acts that regulate control supervisory activity of state authorities in the sphere of protection of intellectual property of the Russian Federation, administrative laws, and relevant researches. The purpose of the research is to outline problems that relate legal regulation of protection of intellectual property of the Russian Federation as a right holder, and to offer certain solutions. The author has applied such methods as dialectics, analysis, synthesis, deduction, formal law, comparative law and interdisciplinary law analysis. As a result of the research, the author concludes that the Russian Federal Service for Intellectual Property (Rospatent) is the main actor of state control (supervision) in the sphere of legal protection of intellectual property of the Russian Federation. Based on the results of the research, the author emphasizes the need to extend jurisdictional powers of Rospatent, in particular, grand Rospatent the power to draw out protocols on administrative offences as set forth by the first part of Article 7.12 of the Administrative Offenses Code of the Russian Federation, and make relevant amendments to the law. In the author's opinion, this is the solution that would raise efficiency of administrative protection of intellectual property of the Russian Federation.

Keywords: copyright, exclusive rights, intellectual rights, intellectual property, administrative responsibility, administrative coercion, supervision, control, computer programs, databases

DOI: 10.7256/2454-0595.2015.1.12753

DOI: 10.7256/2454-0595.2015.1.66032

Abstract: The article reveals the peculiarities of persuasion as a means of citizen’s rights and freedoms protection, touches upon the constructive features of persuasion, and the forms of its use by the police. The author outlines the logical interconnection of administrative persuasion and coercion, proves the necessity of use of these ways of influence in interconnection. Legal and organizational problems of methods of persuasion and coercion in the police activities are studied. The article considers the problem of administrative constraint measures legality provision. 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 and the methods which are used in special sociological research. In the sphere of internal affairs for provision of legality and law and order various legal and organizational measures are used, which have different impacts on the participants of relations. The choice of method of public relations regulation depends on their participants’ places and roles in organization of social reality management, their aims and goals, and legality or illegality of their behavior. The methods of persuasion and coercion are traditionally used in administrative relations.

Keywords: persuasion, coercion, constraint, the police, method, influence, the police officer, rights, freedoms, responsibilities.

DOI: 10.7256/2454-0595.2014.1.10557

DOI: 10.7256/2454-0595.2014.1.63943

Abstract: Implementation of executive competence and guaranteeing the public order can be achieved by certain means and methods of strategic influence on minds and behavior of people. Two mutually complementing methods: convincing and coercion are used to achieve this purpose at the current stage of social development. Their social purpose and efficiency is due to the following. Firstly, these methods are determined by the general social and economic patterns of the society development. Secondly, they should be inalienable and interrelated. Thirdly, they depend on how adequately and correctly the reflect the economic and political needs of the society and the current challenges. The public coercion as a social matter is a legal category with many aspects. In the theory of law public coercion is understood as means (method) of organizing the will of subject in order for them to comply with the will of the state. Generally speaking, the public coercion may be regarded as a potential of unfavorable consequences in cases of violation of norms of law, having preventive psychological influence. The above-mentioned approaches only refer to the possibility of public coercion, and in reality it is used as legal coercion in specific legal forms and applied by competent state bodies in the course of their specialized activities on implementation of law.

Keywords: restraint, coercion, police, officer, the Department of Internal Affairs, lawfulness, administration, harm, influence, application.

DOI: 10.7256/2454-0595.2020.3.32794

Abstract: This article explores the problems of application of measures of administrative compulsion, pays attention to functionality of measures of administrative compulsion, as well as state the thesis on the fact that despite vast attention to the issue of administrative compulsion, its functions lack scientific development. Considering the theoretical research, the author notices that functionality of administrative compulsion is predefined by the functionality of separate measures of administrative compulsion. Therefore, emphasis is made on the functions of some of the administrative compulsory measures. The theoretical framework of the study is comprised of the works of general theory of law and recent achievements in the science of administrative law. The conclusions of the research consist in a number of proposals on lowering the level of administrative compulsion in the law enforcement work, adjustment of the goals of some types of measures of administrative compulsion, as well as improvements to the positions of legislation determining functionality of certain measures of administrative compulsion. The article highlights the fact that the principal function of administrative compulsion consists in protection of rights and liberties of the citizens.

Keywords: delivery, detention, police, function, responsibility, suppression, warning, punishment, compulsion, recovery

DOI: 10.7256/2454-0595.2015.1.13455

DOI: 10.7256/2454-0595.2015.1.66033

Abstract: It is noted in the article that administrative prohibitions in the mechanism of legal regulation are various, they can serve as components of legal regulation, promote the protection of human and civic rights and the strengthening of legality and discipline in the system of public administration, and prevent corruption. In spite of the social importance of administrative prohibition institution as a protective means in the mechanism of legal regulation, unfortunately, it has not been evaluated properly yet. Therefore, the importance of the article is undoubted. The subject of the research is administrative-legal prohibition. Moreover, the article reveals its protective component, which is of a big social importance. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the theoretical and general philosophical 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 urgency of the article can also be explained by the fact, that the existing situation of public relations protection is conditioned by both objective and subjective circumstances. Therefore, the analysis of administrative prohibition in the system of legal regulation is important for administrative legislation enhancement. In conclusion it is noted that the study of administrative prohibition is also important for the protective function of the state, since administrative prohibitions dialectically correlate with other elements of law enforcement.

Keywords: protection, prohibition, constraint, coercion, regulation, state, method, means, personality, function.

DOI: 10.7256/2454-0595.2024.1.39943

Abstract: Personal search, seizure of things and documents are quite common measures of administrative and procedural influence, their purpose is to detect objects, substances, documents that are tools or means of committing an administrative offense. In other words, the appropriate measures of procedural influence are aimed at obtaining and securing evidence in the case of an administrative offense, and ultimately these measures contribute to improving the effectiveness of the execution of the decisions made in the case. In the course of the study, the author analyzed such a category as "personal inspection", assessed the legal regulation of this procedural event, drew attention to the need to improve the quality of both the organization of personal inspection, its procedural registration, as well as the need to respect the rights of the person in respect of whom personal inspection is carried out. The author shows the relationship of personal search with such procedural actions as the seizure of things and documents, as well as the relationship with delivery and administrative detention. The author cites various points of view regarding such a procedural action as "personal inspection", notes that personal inspection can also have a preventive function, this function of inspection is necessary in ensuring transport security, in countering the movement of things across the customs border. Personal search, as well as the seizure of things and documents, occupies an important place among the means of obtaining evidence in the proceedings on administrative offenses, and therefore, in order for the evidence to meet the requirement of admissibility, all necessary procedural requirements must be met during personal search. A personal search is a measure of procedural coercion, rather delicate, in this regard, actions that can humiliate a person are unacceptable during a personal search, the implementation of a personal search must be properly recorded.

Keywords: witness, suppression, impact, inspect, limitation, withdrawal, inspection, administrative force, evidence, form

DOI: 10.7256/2454-0595.2018.8.27313

Abstract: The object of the reseaerch is the social relations that may arise in the process of state control (supervision) over behavior compliant with the law. The subject of the research is the legal norms and judicial acts that regulate the issuance of prescriptions and representations. Prescription to eliminate violations discovered during state control (supervision) audits is an instrument that enforces a legal entity or individual entrepreneur to comply with the requirements of the law and creates a possibility to carry out an audit to check whether a prescription has been fulfilled. Representation is issued in cases of administrative violations and is subject to be executed within a month, a report should be submitted to the authorities as a result thereof. The methodological basis of the research includes the formal law, comparative law and general research methods. The theory of prescription is a rather understudied topic, thus the novelty of the research is caused by the fact that the author summarizes available law-enforcement practice (decisions of state authorities, courts). Mechanisms of the issuance of prescriptions and representations are an important act of state regulation that still needs to be legally developed which creates contraditions in the legal practice of its enforcement.

Keywords: rosobrnadzor, roszdravnadzor, rospotrebnadzor, education, healthcare, surveillance, inspection, performance, prescription, social sphere

DOI: 10.7256/2454-0595.2015.1.13843

DOI: 10.7256/2454-0595.2015.1.66034

Abstract: The research subjects are legal and organizational methods of combating raider takeovers. It is noted that this problem undermines economic security of the Russian Federation, creates problems for the development of Russian business and industry. The research object is the sphere of social relations which occur in connection with combating raider takeovers. This article considers penal and administrative-legal means of combating raider takeovers, and the special attention is paid to the enhancement of law-enforcement bodies activities in the sphere in question. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the theoretical, general philosophical methods, and the methods which are used in special sociological research. The problem in question is being solved neither in theory, nor in practice. It is noted that in Russia the wide spread practice of raider takeovers, based on illegal and administrative coercion, is a serious problem of the state level and needs urgent measures of legal and organizational character. The originality of the research consists of the particular suggestions of anti-raider legislation enhancement.

Keywords: raider, raider takeovers, property, takeover, responsibility, coercion, the police, crime, development, Code of administrative offences.

Abstract: The article studies the legal and organizational issues of implementation of administrative measures by the Russian law. The author reveals the nature and peculiarities of administrative measures and shows the role of administrative measures in the process of enforcement of law.

Keywords: enforcement, punishment, responsibility, restraint, system, subject, violation of law, guard, influence, experience.

DOI: 10.7256/2454-0595.2016.1.15947

Abstract: The subject of the study is disciplinary penalties imposed on public servants within official delictual disciplinary relations. The author analyzes the current system of disciplinary penalties imposed on state civil servants, military personnel and law enforcement officers. Particular attention is paid to the nature of disciplinary sanctions, the possibility of determining the extent of their impact on offenders. The author examines the individual types of disciplinary penalties, including demotion, in the sphere of the internal affairs, and dismissal, as a disciplinary penalty, identifies the shortcomings of legal regulation of these matters. The author applies the dialectical method of scientific cognition, the method of logical analysis and synthesis, the systems method, logical analysis, and the method of comparative jurisprudence. The novelty of the research lies in substantinating the necessity to expand the list of disciplinary penalties with punishments, having a material nature and consisting in the temporary restriction or deprivation of benefits of public service, or limiting career growth. This proves the necessity to differentiate the limits of disciplinary penalties in the form of monthly financial incentives cut, depending on the category of the disciplinary offense. It is proposed to exclude from the list of disciplinary sanctions, imposed on the officials of internal affairs agencies, such a type of disciplinary penalty as a transfer to lower official positions as a penalty, not conforming to international law provisions and being a form of forced labor. The author proposes to legislate the division of disciplinary penalties into primary and secondary, taking into consideration that a single disciplinary offense can be punished with a primary or a secondary penalty. The author declares the need for establishing common grounds for particular penalties imposition for particular types of misconduct. The author substantiates the proposal about legislative restriction of financial incentives for public officials incuring disciplinary penalty.

Keywords: disciplinary action, disciplinary offenses, public service, civil servants, service-delictual disciplinary relationship, service-disciplinary responsibility, basic action, additional action, dismissal, reduction of monetary encouragement

DOI: 10.7256/2454-0595.2016.1.67338

Keywords: additional penalty, primary penalty, disciplinary responsibility, official delictual disciplinary relationship, public servants, public service, disciplinary offenses, disciplinary penalty, dismissal, financial incentives cut

Abstract: Administrative suspension of veterinary activities is initiated as the last resort measure applied when there have been many facts of quite important violations which can cause severe consequences such as the spread of epizooty. At the same time, a quite significant gap is that the assignment and the due date of administrative suspension of activities do not depend on the time of elimination of such violations and for the remission of punishment the judge does not need any opinion of the person who prepared the violation report. However, administrative suspension of activities is a very effective measure aimed both at supression and elimination of veterinary law violations. Therefore, the South Region will continue to use administrative suspension of veterinary activities before the epizooty situation gets normal.

Keywords: suspension, punishment, veterinary, supervision, epizooty, violation, security, rules, orders.

Abstract: Nowadays very little attention is paid at the problems of prosecutor’s powers in the sphere of prevention of law violations. The author of this article makes an attempt to analyze questions of prosecutor’s demands as an effective way of prevention of violations of law.

Keywords: violation of law, prosecutor’s demands, prevention, prosecutor, influence, function, effect, punishment, legality, enforcement, illegality

DOI: 10.7256/2454-0595.2023.5.39058

Abstract: The subject of the study is the administrative and legal norms regulating the basic rules of transportation of children in a car. The object of the study is public relations in the field of prevention of children's road traffic injuries. The purpose of the work was to analyze the current requirements and regulations in the field of transportation of children in a passenger car, identify current problems arising in this area and suggest ways to solve them. Methodological basis of the work: fundamental postulates of the theory of law; generalization of practical experience, application of methods of logical, monographic and system analysis. The author examines in detail such aspects of the topic as preserving the life and health of children-road users, reducing the level of road accidents involving them, as well as minimizing the severity of their consequences. Scope of application of the results: the provisions of the work can be used in the legislative activity of state bodies, law enforcement practice of state bodies directly engaged in the prevention of child traffic injuries, the educational process with any category of children and parents, scientific research of administrative scientists investigating issues of road safety. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement practice of state bodies involved in the prevention of child traffic injuries, as well as the need to improve the legal framework governing the powers of internal affairs bodies. The author proposes a comprehensive approach to solving this problem, starting with proposals to improve the complex of preventive measures aimed at reducing the number of road accidents involving child passengers and the severity of their consequences and ending with the author's proposal to improve the current administrative legislation in the field of road safety.

Keywords: activity, child holding device, transportation of children, prevention, child injuries, road and transport developments, structural units, law enforcement agencies, offense, problems

DOI: 10.7256/2454-0595.2014.2.10661

DOI: 10.7256/2454-0595.2014.2.63954

Abstract: Various legal and organizational means of influence with various effects upon the participants of the relevant relations are used within the system of state administration of the Russian Federation in order to guarantee lawfulness and legal order. The choice of regulation methods for the activities of participants of public law relations depends on their place and role within the administration system, on their goals and aims, as well as lawful or unlawful character of their behavior. The methods of convincing and coercion are traditionally used in administrative relations. Each of these methods is used in accordance with the situation and the goals of law-enforcement. The police activities employ administrative methods typical of police activities and guarantees of legal order. 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.). Implementation of executive power and guarantees of public order may be directly implemented in practice with the use of certain means and methods of strategic influence upon conscience and behavior of people. Convincing and coercion being two mutually complementing methods of state administration serve as these methods at the current stage of development of the society. Their social purpose and efficiency of their influence is due to the fact, that, firstly, they are caused by general social and economic patterns of development of the society, and secondly, they should be in inseparable unity, thirdly, they depend on how correctly and socially adequately the economic and political needs of society are reflected.

Keywords: classification, official, police officer, coercion, criterion, police, implementation, prevention, arms, special means.

DOI: 10.7256/2454-0595.2023.2.40919

Abstract: The article deals with some topical issues of restricting foreign participation in strategic sectors of the economy. The analysis of measures of state coercion in case of violation of the legislation in this area is carried out on the examples of: suspension of validity and cancellation of a license to carry out a strategic type of activity; termination of agreements on granting the right to harvest (catch) aquatic biological resources; application of the consequences of the invalidity of a void transaction for the acquisition of the assets of a strategic company; deprivation of the right to vote at a general meeting of shareholders (participants) of a strategic company. Conclusions are formulated about the features of the legal form of state coercion in connection with the violation of legislation on foreign investment in strategic sectors of the economy, which include a complex combination of coercive measures characteristic of both administrative law and civil law coercion, as well as the concentration of such measures mainly in one special normative legal act, which directly defines the measures themselves, the grounds and subjects of their application, the implementation procedures. The author states that all measures of state coercion in case of violation of the legislation on foreign investments have one target orientation in the form of deprivation of the right to carry out a strategic type of activity of a foreign investor, the possibility of using which (indirectly, through a controlled Russian company) was obtained in violation of the permissive procedure established by the state.

Keywords: deprivation of rights, void transactions, license revocation, permit procedure, Government Commission, state security, national defense, strategic assets, strategic company, foreign investment

DOI: 10.7256/2454-0595.2015.2.14090

Abstract: The article deals with the legal nature and essential characteristics of legislation giving grounds for administrative detention. Some drawbacks of administrative legislation concerning detention in the Russian Federation are analyzed in the paper. The absence of detailed enumeration of grounds for administrative detention in the art 27.3 of the Administrative Code makes its definition not clear enough for its practical usage. The general scientific methods of cognition such as the method of analysis, the comparative method, the system and structural methods, the legal and technical research methods form the methodological basis of the article. The article investigates the acute problem connected with the administrative detention of a person who has not been brought to trial and consequently is not instituted to administrative proceedings. In the author's opinion, it doesn't mean that the detention was illegal or violated the requirements of the Constitution of the Russian Federation and International Law.The author underlines the fact that there is a strong necessity to protect the rights of the detained person who is intoxicated and to examine him by the psychiatrist legally, besides it is necessary to fix the period of time within which the particular person becomes sober without any medical assistance. Nowadays under the current legislation it is impossible to determine the commencement of the period of administrative detention for persons who are intoxicated.The article draws attention to the fact that there is a lack of general regulations of appealing against administrative detention in the current Code of Administrative Offences of the Russian Federation. Consequently, according to the author, it is necessary to develop a unified approach to the procedure of appealing against administrative detention despite the fact what public authorities or authorized officials carry out the detention.It is concluded that administrative detention should comply with the Convention on Protection of Human Rights and Fundamental Freedoms and pursue a legitimate purpose. According to the author, the absence of the latter doesn't allow consideration of administrative detention as reasonably necessary for prevention an offence, and this fact testifies to its arbitrary nature.

Keywords: administrative responsibility grounds, measures of provision, administrative coercion, administrative offence, legislation, code, administrative detention, physical person, person, rights and freedoms

DOI: 10.7256/2454-0595.2015.2.66151

DOI: 10.7256/2454-0595.2016.2.17637

Abstract: The research subject is the range of administrative measures aimed at crimes prevention. The topicality of this issue is conditioned by the necessity to form a scientifically grounded system of preventing criminalization of the society. The current crisis of crime prevention system is caused by the shortcomings of the existing legal framework and the deterioration of functioning of its particular elements, including such an important element as the system of crime prevention in every possible way. The problems of prevention of crimes, which are socially dangerous and directly connected with penal and administrative policy of Russia, and their solution should be aimed at search for the optimal interaction of penal and administrative measures of prevention of crimes and administrative offences. The author applies general scientific methods (analysis, synthesis, generalization, induction and deduction), and specific scientific methods (system analysis of criminal and administrative legislation, structural and formal-legal research methods). The scientific novelty of the research consists in the author’s classification of the system of administrative measures of crime prevention. The author concludes that administrative law has a wide range of measures of crime prevention. These measures can be provisionally divided into three groups: “pre-criminal” measures, including the measures of administrative prevention of crime; measures of administrative liability, aimed at preventing primary administrative offences; the third group of measures is applied on the “post-criminal” stage, and is composed of the system of administrative supervision over persons, who had been released from detention facilities, in order to prevent them from return to crime.

DOI: 10.7256/2454-0595.2016.2.67410

Keywords: criminal law, group, administrative supervision, administrative warning, administrative liability, administrative law, prevention, crime, criminological research, methods

DOI: 10.7256/2454-0595.2016.3.16238

Abstract: The research subject is the range of public relations in the sphere of sports; the research object is the possibility of consideration of coercive measures in this sphere as legal ones. The authors analyze the legality of coercive measures in the sphere of sports and their regulation by various types of statutory instruments. The authors describe possible variants of classification of coercive measures in the sphere of sports and their types. The authors suggest distinguishing legal coercion in the sphere of sports along with administrative, criminal, and others. The authors apply the dialectical method and the modern methods of scientific cognition. The novelty of the research lies not only in the description of the existing measures of legal coercion in the sphere of sports, but also in the suggestions about possible amendments to the legislation of the Russian Federation in the sphere of sports. The authors note the scale of legal regulation of legal coercion in the sphere of sports and the absence of concrete procedures of their application on the legislative level.

Keywords: sports, coercion, sport sanction, measures of coercion, regulation, violation of rules, rules of sports, disqualification, dope, sports federation, sports, coercion, sporting sanction, regulation, violation of the rules, the rules of sports, disqualification, doping, sports Federation

DOI: 10.7256/2454-0595.2016.3.67518

DOI: 10.7256/2454-0595.2016.3.16360

Abstract: The research subject is the system of administrative enforcement measures applied by the officials of customs authorities, and the legal provisions of administrative enforcement in the sphere of customs legal relations. The author describes various types of administrative enforcement, and their classifications, proposed by the researchers, and explains the criteria of classification. Taking into account the specificity of customs authorities, the author proposes his own variant of, in his opinion, a more comprehensive, structured, logically verified and scientifically grounded classification of administrative coercive measures applied by customs authorities. The research methodology is based on the set of general scientific and specific methods of cognition (technical, analytical, logical, system, etc.). The author marks out the approach of A.V. Surgutkovskaya to the grounds of classification of administrative coercive measures, agrees with them and with the conclusion that the understanding of the essence of administrative enforcement in the cases of violation of customs rules, and its differentiation from other forms of administrative enforcement attaches practical value to the classification of administrative enforcement measures in the sphere of customs legal relations.

Keywords: administrative enforcement, criteria, grounds, classification, customs authorities, measures, procedure, suppression, punishment, liability, administrative enforcement, criteria, justification, classification, customs authorities, measures, ensuring the production, suppression, punishment, responsibility

DOI: 10.7256/2454-0595.2016.3.67519

DOI: 10.7256/2454-0595.2014.3.10845

DOI: 10.7256/2454-0595.2014.3.64084

Abstract: The article concerns the situation when unclaimed goods appear at the temporary keeping warehouses in the process of customs control and possible legal means for their disposal. One of the options for disposal of such goods is withholding them and their later sale without judicial sanctions. These norms exist in the legislation for several years by now, however, they are not applied due to the inconsistencies in the positions of various government bodies. The author evaluates the positions of the Ministry of Economic Development of the Russian Federation and the Federal Customs Service of Russia on this issue. The author also provides critical analysis of the positions of the opponents of the non-judicial disposal of the withheld property. It is stated that this position does not take into account both international and national legislation. It uses the norms of the Constitution of the Russian Federation selectively and with no reference to its other norms, thus providing the ground for the abuse of proprietary right, and giving it absolute priority. The work contains the references to the positions of opponents and supporters of sale and destruction of withheld goods. Taking into account the fact that the article mostly provides the positions of the opponents of the disposal of withheld goods, the author provides analysis of the weak points in such positions. In addition to criticism the article contains legal substantiation for the norms established by law, and the analysis of practical problems arising in their implementation. The detailed analysis of the issues concerning disposal of the withheld goods takes place for the first time. The author shows the ambiguity of sale and destruction of withheld goods without the sanction of a court. However, the author of the article does not support the position that these norms are unconstitutional and provides the grounds for this position. The article also reflects legal gaps in the procedure for the sale of withheld goods. The author also gives propositions for the possible solutions of this dispute, including possible participation of the prosecutors.

Keywords: withheld goods, non-judicial sale, lawfulness, customs bodies, prosecution bodies, recognizing goods as being without an owner; destruction, disposal, sanction of a court, proprietary right.

DOI: 10.7256/2454-0595.2015.3.12519

Abstract: The article considers the components of administrative offences in the sphere of transportation by passenger taxis, the problems of delimitation of the components, and imposition of administrative sanctions for the corresponding offences, and the ways of these problems solution. The article considers the disagreement between the legislative understanding of the components of the offence connected with the illegal taxi-driving and the practice of the Supreme Court of the Russian Federation according to this issue. The author substantiates the necessity of introduction of the notion "passenger taxi" and the adoption of a particular federal law in this sphere of regulation. The author uses the general scientific methods and the methods of juridical science. Particularly, the author uses the logical method, the system structural method, the method of legal analysis of legal acts texts, the comparative-legal method. The author reveals the essential drawbacks of the existing legislation aimed at illegal taxi-driving combating which hamper the adequate realization of the corresponding norms of the Code of Administrative Offences dated April 21, 2001 No 69; in the author's opinion it is necessary to adopt a new federal law with a clear subject of regulation - a passenger taxi. It is recommended to fix in the law the definition of "passenger taxi" including the specific features of a taxi (the principles of transportation pricing).

Keywords: illegal taxi-driving, administrative fine, administrative punishment, administrative offence, administrative responsibility, passenger taxi, State Information System of State and Municipal Pa, Code of Administrative Offences of the Russian Fed, components of offences, passenger transportation

DOI: 10.7256/2454-0595.2015.3.66229

DOI: 10.7256/2454-0595.2015.3.14184

Abstract: The article investigates the impact of the methods of administrative law on social relations, in particular - in the performance of protective functions of law. The author carries out the historical and legal analysis of coercion in the implementation of protective functions as well as a comparison with current legislation containing legal and administrative regulations. The author focuses on the essence of state coercion, its separate value, theoretical issues of enforcement according to administrative law; formulates the concept, features, types of enforcement in public administration of the second half of the 19th century. The author comes to the conclusion about the use of similar methods of coercion used by administrative law in the 19th century, in the existing administrative law. The author uses the historical-synchronous and the historical-diachronic methods of studying of temporal changes in the essence of coercion used by administrative law in order to perform its protective functions. These methods are the necessary instruments for the disclosure of historical transformations of the research subject. The scientific novelty of the article lies in a better understanding of the need to study the historical and legal analysis of administrative law in Russia, not in the Western European countries, with the aim of enhancement of identity and independence of development of legal thought in Russia, as well as the possible "adaptation" of certain methods or their main ideas used in the development and the formation of administrative law enforcement functions in the implementation of the protective function of the administrative branch of law at the present time. The evaluation of Russian "own" experience of transformation of the protective function and methods of administrative law gives "food for thought" about the importance of the former and the existing functions and methods of law. In the context of relevance the author reveals the importance of administrative-legal methods of coercion as a means of the adequate development of state and society.

Keywords: exile, compulsory attendance, confiscation, coercion, protective function, functions of administrative law, administrative law, prohibition of departure, arrest, banishment

DOI: 10.7256/2454-0595.2015.3.66230

Keywords: exile, compulsory attendance, confiscation, coercion, protective function, functions of administrative law, administrative law, prohibition of departure, arrest, banishment

DOI: 10.7256/2454-0595.2015.3.14492

Abstract: The subject of this study is the legal nature of administrative suspension of activity and its place in the system of administrative coercion.The article analyzes the legal nature of administrative suspension of activities and defines its place in the system of administrative coercion. At the same time it reveals the essential features of administrative coercion, its specificity, subjects and cases of the administrative measures. The author determines the subjective and objective conditions of application of this punishment, the objective conditions of suspension of administrative activities, and identifies the main approaches to the use of capital punishment.As the esearch methods the author uses the complex approach that combines the use of the dialectical materialist approach, the method of system analysis and the regulatory method.The novelty of the research lies in the fact that the author identifies a number of specific features that allow us to conclude that the administrative suspension of operations does not belong according to its nature to any group of administrative coercion identified within the science of administrative law. Administrative suspension of operations, in fact, at the same time applies to both measures of administrative warning and measures of administrative punishment. The special feature of this legal action is the fact that it is the only administrative punishment having a suspended sentence of execution, as well as the fact that the legally protected objects in this case are not only the human life and health, but also the public or state security.

Keywords: administrative warning, consequence, background, responsibility, measure, punishment, coercion, administrative suspension of activity, administrative constraint, application of punishment

DOI: 10.7256/2454-0595.2015.3.66231

Keywords: administrative warning, consequence, background, responsibility, measure, punishment, coercion, administrative suspension of activity, administrative constraint, application of punishment

DOI: 10.7256/2454-0595.2016.4.16350

Abstract: The research subject is the institution of administrative coercion, applied by customs authorities, its peculiarities, and topical theoretical and legal problems in this sphere. The author analyzes the scientific literature, devoted to the problem of administrative coercion, describes various opinions of the scholars about the essence of administrative coercion, the problem aspects of the work of customs authorities organization. These problems are caused, in the author’s opinion, by the variety of disputable and unresolved theoretical provisions of administrative coercion. The research methodology is based on the analysis of scientific literature and legal provisions. The author applies theoretical, general philosophical and traditional legal methods. The author analyzes the circumstances allowing concluding about the absence of a single scientists’ opinion about the key problems of the theory of administrative coercion. It is possible to consider administrative coercion, applied by customs authorities, as a topical scientific problem. Its solution is particularly important for the theory and the practice of the legal science.

Keywords: problem, factors, content, characteristics, customs, administrative coercion, method, powers, peculiarities, measures

DOI: 10.7256/2454-0595.2016.4.67626

Keywords: problem, factors, content, characteristics, customs, administrative coercion, method, powers, peculiarities, measures

DOI: 10.7256/2454-0595.2015.4.14377

Abstract: The article considers the problems of prevention and suppression of administrative offences in the sphere of consumer market by police and other federal executive authorities. The object of the article includes social relations connected with enforcement of law on consumer market. The author details the problems of administrative-legal regulation of consumer market. Special attention is paid to the administrative activities of police in combating crimes in the sphere of consumer market. Considerable attention is paid to the issues of enhancement of efficiency of administrative coercive measures implementation in this sphere. The author uses the general philosophical, theoretical, and empirical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical, comparative jurisprudence), the methods used in specific sociological research (statistics, expert opinions, and others).In the conclusion the author identifies the significant problems related to the administrative-legal regulation of activities of police and other federal executive authorities in the sphere of consumer market. The specific contribution of the author lies in the fact that the article reveals the contents of consumer market in administrative law. The novelty of this paper lies in the fact that the author concludes about the necessity for a more effective management in the spheres of trade and consumer market.

Keywords: regulation, system, control, execution, police, consumption, market, trade, product, consumer

DOI: 10.7256/2454-0595.2015.4.66313

Keywords: regulation, system, control, execution, police, consumption, market, trade, product, consumer

DOI: 10.7256/2454-0595.2016.5.16362

Abstract: The research subject is the set of legal rules and scientific sources characterizing the principles of application of administrative coercion by competent agencies of public authority. The research object is the range of legal relations emerging in the process of application of administrative coercion by authorized persons. The author analyzes statutory instruments and scientific literature and briefly describes the principles which are or should be applied when using administrative coercion measures by public agencies in a rule-of-law state. The author pays attention to the system of such principles. The research methodology comprises the set of general scientific and special research methods (technical, analytical, logical, et.). The author concludes that the principles of administrative coercion include the general principles of administrative law, the principles of administrative process and administrative liability, and the special principles of imposition and application of measures of administrative coercion. In the author’s opinion, the implementation of some principles can cause particular problems.

Keywords: principles, administrative procedure, administrative liability, legality, equality, objectivity, proportionality, application, imposition, administrative coercion

DOI: 10.7256/2454-0595.2016.5.67700

Keywords: principles, administrative procedure, administrative liability, legality, equality, objectivity, proportionality, application, imposition, administrative coercion

DOI: 10.7256/2454-0595.2015.5.15104

Abstract: The article presents the data, important in the sphere of juvenile administrative delinquency. As the object of the research the author considers deviant behavior of juvenile offenders and adolescents inclined to delinquent behavior. The subject of the study includes socio-psychological peculiarities of personality and individual psychological traits (accentuations), the structure of which determines the moral regulation of behavior, value orientations of a teenager's personality and especially his deviant behavior.The methodology of the research is based on the concepts of administrative jurisdiction, social control, and administrative delinquency, formed in criminology, social psychology, and legal psychology. It is shown that from a socio-psychological point of view deviant behavior of adolescents is a significant problem. It results from the fact that deviant behavior is typical for most teenagers, and many researchers consider it as an age-specific behavioral norm. On the other hand, deviant behavior contains a risk of socio-pathological deformations of personality in which deviant behavior is socially dangerous. The most extreme option in this row is delinquent, i.e. illegal, behavior of adolescents who commit crimes of varying severity.Currently juvenile delinquency is characterized by special impudence, cynicism and a complete lack of moral regulation of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important for criminology from a socio-psychological point of view, confirms the need for a significant intensification and a wider application of measures of social control as a normative regulator of behavior and realization of personal goals of juvenile offenders.

Keywords: Accentuation of character, structure of character, Social control, Moral normativity, Social psychology, Underage teenager, Administrative offence, Value orientation, Deviant behavior, Delinquent behavior

DOI: 10.7256/2454-0595.2015.5.66439

DOI: 10.7256/2454-0595.2016.6.16359

Abstract: The research subject is the institution of administrative coercion and the scientific literature allowing characterizing administrative coercion as a form of legal coercion by the state. The research object covers social relations emerging upon the application of administrative coercion by the authorized public bodies. The article describes the state coercion system and the role of administrative coercion; presents the opinions of scholars about the essence of administrative coercion; analyzes the peculiarities of this legal institution, defines its attributes, formulates the notion, and describes its purposes, grounds, and essence. The research methodology is based on the set of general scientific and special methods of cognition (formal-legal, analytical, normative-logical, system, etc.). The author concludes that administrative coercion is a form of legal coercion by the state which is the method of public management applied, as a rule, by the authorized bodies; the form of the coercive measures established by the provisions of administrative law and aimed at the provision of the discharge of legal obligations by persons who had committed illegal actions, or in the case of circumstances threatening social relations protected by the law.

Keywords: administrative coercion, notion, forms, attribute, purpose, ground, essence, features, specificity, measures

DOI: 10.7256/2454-0595.2016.6.67904

Keywords: administrative coercion, notion, forms, attribute, purpose, ground, essence, features, specificity, measures

DOI: 10.7256/2454-0595.2015.6.15696

Abstract: The article focuses on legal and organizational problems of criminal and administrative influence on the infringers of legal rules. The author carries out theoretical and legal analysis of the concepts of legal influence from the position of criminal and administrative law. The article describes the author's positions regarding the notion of legal influence. The main attention is paid to the development of methods and methodology of legal influence as the means of law and order provision. In addition, the article presents a theoretical and legal analysis of concepts regarding the interrelation between criminal and administrative influence (coercion). The methodology of the research is based on the resent 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), as well as the methods used in the concrete sociological research (the statistical method, expert evaluations, etc.).The article notes that the Criminal code and the Code of Administrative Offences of the Russian Federation do not contain the concept and the list of types of measures of criminal-legal and administrative influence. The article defines the measures of criminal-legal influence as the forms and special activities of the state and defines the types of such measures depending on the purpose of influence (criminal law measures to the prevention and suppression of crime, measures of the criminal liability), the nature of impact (the preventive measures and the measures of criminal liability imposition), the character of influence (the preventive, restorative and correctional measures, the measures of criminal liability implementation, the measures of single non-rehabilitating decriminalization, and the medical measures).

Keywords: responsibility, law, administrative, criminal, crime, misconduct, warning, punishment, police, coercion

DOI: 10.7256/2454-0595.2015.6.66572

Keywords: responsibility, law, administrative, criminal, crime, misconduct, warning, punishment, police, coercion

DOI: 10.7256/2454-0595.2015.7.14436

Abstract: The subject of the research is the Federal Law “On police” regulating the use of special dyeing and marking means. The author studies the contradictions in the articles 19 and 22 of the Law and their influence on the legality of use of special dyeing and marking means by police officers when revealing and preventing the crimes. The author analyzes the circumstances of use of special means which can lead to invalidation of evidence. The research is based on the materialistic theory of cognition. The author uses the general scientific methods (analysis, synthesis, the comparative method, the comparative-legal method, the system-structural method, modeling, etc.). The novelty of the research lies in the revelation of contradictions in the articles 19 and 22 of the Federal Law “On police” regulating the use of special dyeing and marking means which can cast doubt on the legality of use of such means and invalidate the evidence. In order to eradicate the existing contradictions the author offers to amend the article 22 of the Federal Law “On Police”.

Keywords: marking means, dyeing means, evidence, illegal, organized crime, means, special, covert, activities, police

DOI: 10.7256/2454-0595.2015.7.66656

Keywords: marking means, dyeing means, evidence, illegal, organized crime, means, special, covert, activities, police

DOI: 10.7256/2454-0595.2016.8.16356

Abstract: The subject of this study includes the patterns of functioning and historical development of administrative coercion in the sphere of customs relations. The author notes that the patterns of historical development of administrative coercion, applied by customs authorities, are related to the general trends of development of the law and legislation regulating the use of administrative coercion in general and in the sphere of customs affairs in particular. Among these trends, one of the most important is the legislative priority as a means of effective provision of the state policy in the sphere of a rule-of-law state construction, the protection of individual rights and freedoms.The research methodology is based on the set of general scientific and special methods of cognition (comparative-historical, formal-logical, analytical, the method of unity of historical and logical, and others.).The author comes to the conclusion that the understanding of logic and patterns of historical development of administrative coercion, applied by customs authorities, is of a great importance for the understanding of the fundamentals and prospects of development of customs administration in this sphere of activity. The development of the institution of administrative coercion by customs authorities is in conjunction with the historical development of customs affairs and other legal institutions.

Keywords: legislative priority, system, trend, pattern, development, customs authorities, administrative coercion, law, genesis, evolution

DOI: 10.7256/2454-0595.2016.8.68035

Keywords: legislative priority, system, trend, pattern, development, customs authorities, administrative coercion, law, genesis, evolution

DOI: 10.7256/2454-0595.2016.9.16357

Abstract: The research subject is the set of legal provisions applied on different stages of development of legal relations in customs affairs, and the historical and legal experience of administrative coercion in the customs sphere. The research object is the set of social relations arising in the process of application of administrative coercion in various historical periods. The author analyzes the evolution of Russian customs legislation, considers the peculiarities of legal regulation of administrative coercion, applied by customs authorities, defines the stages of evolution of customs affairs, influencing the development of the administrative coercion institution. In the author’s opinion, the administrative coercion institution in customs affairs is developing progressively and can be characterized by the normative procedure of consolidation. The research methodology is based on the set of general scientific and special research methods (comparative-historical, formal-logical, analytical, the method of unity of historical and logical, etc.). The author comes to the conclusion that after the formation of the Customs Union in 2010, the development of the institution of administrative coercion by Russian customs authorities, as well as by the customs authorities of other member-states, has shifted to another stage, requiring conceptual rethinking and reconsideration of legal regulation. At present, legal regulation of the administrative coercion institution in customs affairs should be aimed at the search for the optimal strategy of its implementation, with account for the conditions of development of the law-bound state.

Keywords: smuggling, measures, customs bodies, violation of customs regulations, coercion, offences, genesis, stages, law, development

DOI: 10.7256/2454-0595.2016.9.68117

Keywords: smuggling, measures, customs bodies, violation of customs regulations, coercion, offences, genesis, stages, law, development

DOI: 10.7256/2454-0595.2016.9.18587

Abstract: The authors study the legal regulation of punitive sanctions in the process of banking supervision. Special attention is paid to the study of a dualistic nature of punitive sanctions used as pre-trial restrictions and measures of administrative punishment. The authors consider the basic conceptual approaches to the classification of administrative pre-trial restrictions in banking supervision. The authors work out the proposals about the creation of positive incentives to the development of the activities of lending agencies by means of the system of positive sanctions – “repayable penalties”, as a pre-trial restriction. The research methodology is based on the modern achievements in epistemology. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of special sociological research. The authors conclude that a penalty, used as a pre-trial restriction in banking supervision, should be repayable, i.e. the payed penalty should be repaid to the lending agency upon the in-time elimination of its grounds. Otherwise, if the reasons of a penalty are not eliminated, the penalty shouldn’t be repaid to the lending agency.

Keywords: punishment, suppression, prevention, repayable penalties, penalties, legislation, finance, sanction, state, banking supervision

DOI: 10.7256/2454-0595.2016.9.68118

Keywords: punishment, suppression, prevention, repayable penalties, penalties, legislation, finance, sanction, state, banking supervision

DOI: 10.7256/2454-0595.2016.9.20266

Abstract: The author studies the peculiarities of legal regulation of prosecutors’ participation in administrative prosecution of special legal status persons in the Soviet period. The research object is the specificity of legal relationship in the sphere of the related legislation enforcement. The author notes both positive and contradictory aspects of normative regulation of particular issues. In the author’s opinion, it is possible to borrow some provisions of the Soviet legislation to regulate the current legal relations. The research is based on the historical method and the method of comparative jurisprudence in relation to the current Russian legislation and to legal provisions of the Soviet period. The author states that in the Soviet period, prosecutors possessed the authorities to impose administrative responsibility on special legal status persons, which have been consolidated during the period in question. The problem under discussion hasn’t been studied sufficiently so far.

Keywords: prosecutor's petition, prosecutor's authorities, special legal status, MP immunity, commencement of proceedings, administrative prosecution, administrative responsibility, prosecutor, Soviet period, Council's agreement

DOI: 10.7256/2454-0595.2016.9.68119

Keywords: special legal status, MP immunity, commencement of proceedings, administrative prosecution, administrative responsibility, prosecutor, Soviet period

DOI: 10.7256/2454-0595.2016.9.20308

Abstract: The research object is social relations appearing in the process of application of the police measures of administrative coercion. The research subject is the statutory instruments and law enforcement practice of implementation of the police measures of administrative coercion in the sphere of road traffic. The author considers the authorities of the police to take administrative actions according to the chapters 3 and 27 of the Administrative Offences Code of the Russian Federation. Special attention is paid to the procedure of consideration of cases on administrative offences recorded by special photo and video recording equipment operating automatically. The research methodology is based on the dialectical, sociological, statistical, formal-logical and comparative-legal methods, and the methods of legal modeling and questioning of police officers and citizens. The author concludes that the police’s authorities to consider the cases on administrative offences, recorded by special equipment, are abundant; therefore, some of them should be transferred to local executive bodies of the Russian Federation.

Keywords: administrative fine, warning, special equipment, rules of the road, administrative offence, police's authorities, road traffic, transportation, administrative detention, vehicle inspection

DOI: 10.7256/2454-0595.2016.9.68120

Keywords: administrative fine, warning, special equipment, rules of the road, administrative offence, road traffic, transportation, administrative detention, vehicle inspection

DOI: 10.7256/2454-0595.2014.8.12470

DOI: 10.7256/2454-0595.2014.8.65269

Abstract: The article is devoted to the topical aspects of defining place and role of the injunction measures in the cases regarding violations of the customs rules in the administrative jurisdiction activities of the customs bodies in the conditions of functioning of the Customs Union and integration of Russia into the Eurasian Economic Union. The author studies the legal fundamentals, definition, meaning, qualification, specific features, role of injunction measures in administrative jurisdiction activities of the customs bodies, as well as the procedural regulation. One of the directions of the lawenforcement activities of the customs bodies in Russia is fighting the administrative offences in the spheres of customs. According to the Art. 7 of the Customs Code of the Customs Union the customs bodies “administer administrative process (implement the proceedings) on administrative offence cases in the sphere of customs matters and bring persons to administrative responsibility in accordance with the legislation of the Member States of the Customs Union. Efficiency of proceedings on such cases much depends on application of injunctions, which are actively used by the customs bodies officials in the process of investigation of the administrative offences. 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.). Currently Russia is the member of the Customs Union, and it actively pursues the path of economic integration in the Eurasian Economic Union, which was formed in May of 2014, optimizing the government bodies responsible for the economic functions of the state. The Federal Customs Service, being a federal executive government body holds one of the dominant positions within the system of guarantees of economic security of the state. According to the legislation it implements the functions on the development of the state policy and normative legal regulation in the sphere of guarantees of economic security of the state. In accordance with the legislation it implements the functions on development of the state policy and normative legal regulation in the sphere of customs, control and supervision in this sphere, fiscal and law-enforcement functions.

Keywords: customs, customs official, coercion, responsibility, control, influence, sanction, method, form, control.

DOI: 10.7256/2454-0595.2014.8.12185

DOI: 10.7256/2454-0595.2014.8.65270

Abstract: The author evaluates the issues of application of sanctions of confiscation of the means of commission or an object on administrative offence from persons, not being owners of such property. According to the opinion of the Constitutional Court of the Russian Federation, and the current legislators, who have amended the Administrative Offences Code of the Russian Federation, application of confiscation of means of commission or an object of an administrative offence as a punishment for the administrative offence from a person, who is not an owner of such an object, is not admissible. An exception is made only for the confiscation in the cases for the violation of the customs rules. When making a decision, the Court has studied a specific case, when the punishment was assigned according to one of the articles of the special part of the Administrative Offences Code of the Russian Federation providing for confiscation. At the same time, the court has made a conclusion that it is prohibited to apply confiscation in all of the norms of the Code providing for it (with an exception of the violations of the customs rules). The article contains analysis and comparison of the positions and substantiations of the Constitutional Court of the Russian Federation on the issues of application of confiscation for the administrative offences, as reflected in the decisions for the period between 1999 and 2011. The author also evaluates the positions of other authors on this issue. Via the systemic analysis of other norms of law the author provides his opinion on this issue. The author has studied judicial practice of the late years on the issues of confiscation applied by the courts as punishment for the administrative offences cases, including the practice on customs offences, where the confiscation of the object or means of commission of an administrative offence from an non-owner is acceptable. For the first time the author has studied the consequences of this decision upon the legal practice. Based upon the data provided by the Judicial Department of the Supreme Court of the Russian Federation it is noted that the application of confiscation by the courts in administrative offences cases has practically ceased, except for the cases on violations of the customs rules. Most of the confiscated goods is currently destroyed, due to the fact that such goods are prohibited or limited in their legal turnover. Another consequence of prohibition of confiscation from the non-owner became inequality between the offender being an owner or holder of the object or means of commission of an administrative offence. It is possible to confiscate an object or means of committing an offence, but one cannot apply the same measures to the mere holder of such an object or means. It is proposed to improve the interaction of the state government bodies regarding operative amendments in the legislation regarding the norms, which have been recognized as being unconstitutional by the Constitutional Court of the Russian Federation. There is a proposition for the Constitutional Court to actively use the right of legislative initiative in order to fill in the gaps in the abolished legal norms.

Keywords: confiscation, customs bodies, owner, holder, goods, abuse of right, administrative offence, protection of the property of an owner, means of committing an offence, object of an administrative offence.

DOI: 10.7256/2454-0595.2015.9.15782

Abstract: The article focuses on the problems of legal and organizational measures of administrative and legal regulation of administrative offences prevention. The authors analyze the concepts of legal regulation of preventive activities from the position of administrative-legal regulation of law enforcement. The article demonstrates the authors' position on the notion of administrative-legal prevention of offences. The main attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article demonstrates the authors' position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (the statistical methods, expert evaluation, etc.).The authors conclude that currently in order to provide the rule of law in the ambit of administrative law it is necessary to improve the forms and methods of administrative, legal and preventive influence. The main contribution of the authors is the statement of the need for the development of administrative-legal regulation of administrative offences prevention. The novelty of the article consists in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity and the creation of legal and institutional guarantees of legality in our country.

Keywords: jurisdiction, delictology, delict, law enforcement, work, system, classification, police, prevention, coercion

DOI: 10.7256/2454-0595.2015.9.66880

Keywords: jurisdiction, delictology, delict, law enforcement, work, system, classification, police, prevention, coercion

DOI: 10.7256/2454-0595.2016.12.20117

Abstract: The article considers the problem of realization of administrative and jurisdictional means of the struggle against corruption in the social sphere. This problem if conditioned by legal and organizational issues, connected with the implementation of anti-corruption legislation in the social relations system. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests improving anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.

Keywords: punishment, social, mean, responsibility, implementation, corruption, jurisdiction, problem, quality, law

DOI: 10.7256/2454-0595.2016.12.68523

Abstract: The article considers the problem of realization of administrative and jurisdictional means of the struggle against corruption in the social sphere. This problem if conditioned by legal and organizational issues, connected with the implementation of anti-corruption legislation in the social relations system. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests to improve anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.

Keywords: punishment, social, mean, responsibility, implementation, corruption, jurisdiction, problem, quality, law

DOI: 10.7256/2454-0595.2015.11.15521

Abstract: The article focuses on the problems of legal and organizational measures of decriminalization of crimes. The authors carry out the theoretical and legal analysis of this problem. Recently the scientific interest to the institution of administrative issue preclusion in criminal and administrative-tortious law has renewed. There are both supporters and opponents of this institution. The analysis of the existing criminal legislation shows that administrative issue preclusion is developing and it is reflected in corpora delicti formulated in the Special part of the Criminal code of the Russian Federation. The authors conclude that administrative issue preclusion is a means of decriminalization of some formulations of economic crimes by their incorporation into the Russian Federation Code of Administrative Offences. It is important to change the ideological vector from the assessment of administrative issue preclusion as a purely punitive institution to the understanding of it as a means of decriminalization of criminal offences in economic activities. 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), as well as the methods used in the special sociological research (the statistical methods, expert assessments, etc.). On the base of the research the authors conclude that at present in order to ensure law and order in the economic sphere it is necessary to improve the forms and methods of administrative-legal influence on state and private sectors of Russian economy. The authors come to the conclusion about the need to reduce the number of types of sanctions and to increase the incentive measures in criminal and administrative and tort law.

Keywords: The prejudicial effect, crime, coercion, the distinction, composition, crimel, decriminalization, police, administrative, cort

DOI: 10.7256/2454-0595.2015.11.67086

Keywords: decriminalization, crime, composition, distinction, coercion, crime, issue preclusion, police, administrative, court

DOI: 10.7256/2454-0595.2014.11.13277

DOI: 10.7256/2454-0595.2014.11.65677

Abstract: The subject matter of this research is the essence of the administrative preventive measures of administrative preventive coercion, the author words the problems related to the definition of such category as measures of administrative prevention. The article also expresses different points of view on the legal category of administrative-law prevention, describes the key features of administrative prevention, points to the place of administrative preventive measures in the system of administrative-law prevention, draws the readers’ attention to certain problems of application of administrative preventive measures, and proposes the ways to resolve them. The dialectical materialistic method of scientific cognition, methods of social legal research, namely, comparative legal, formal logic method, content analysis method. The article attempts to describe certain theoretical and practical problems of applying administrative-law prevention measures and suggests the ways to solve them. The analysis of the administrative prevention measures in modern times makes it possible to shed some new light on the nature of this phenomenon. The conclusions and generalizations made will contribute to the development of the administrative law as relates to the methods of public administration and administrative process. In addition, this work may become the foundation for deeper general theoretical and branchrelated research, including those relating to prevention activities of law-enforcement agencies.

Keywords: administrative coercion, administrative coercion measures, administrative-law prevention measures, law enforcement, administrative procedural arrangements, executive authorities, public administration, administrative-law relations, governmental powers of authority, offence.

DOI: 10.7256/2454-0595.2015.12.15583

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of juvenile delinquency prevention. The author carries out theoretical and legal analysis of juvenile delinquency prevention from the position of administrative-legal regulation of this process. The article analyzes the activities of internal affairs bodies (police) in prevention of administrative offences committed by minors. The author considers the possibility of use of pedagogical prevention with the set of its measures by internal affairs bodies.The methodology of the research includes recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in special sociological research (statistical method, expert assessments, etc.).The author concludes that at present, in order to improve juvenile delinquency prevention, it is necessary to enhance forms and methods of administrative-legal impact on them on the part of the police. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of juvenile delinquency prevention. The novelty of the article consists in the proposals for development of forms and methods of administrative-legal regulation of deviant behaviour of minors.

Keywords: prevention, children, minors, child, the offence, tort, police, question, the problem, regulation

DOI: 10.7256/2454-0595.2015.12.67150

Keywords: problem, question, police, delict, offence, child, minor, children, prevention, regulation

DOI: 10.7256/2454-0595.2014.12.13615

DOI: 10.7256/2454-0595.2014.12.65809

Abstract: This article examines the legal nature, essential qualities and the legal rules governing the matters related to the substation for detention. Detention as a method for support for proceedings in administrative cases should be differentiated from administrative coercion measures which are not associated with committing an offence and are of preventive nature. This is a measure that supports the proceedings in administrative cases in its legal nature which is defined by their objectives, it is not a sanction but a support measure of coercion which the help of which the required flow of proceedings is ensured. Methodologically, this article is based on the general scientific research methods, such as systematic analysis, comprehensive approach, comparative legal, formal logic, systematic and structural, formal legal, legal and technical research methods. the author notes that the definition of this support measure for administrative proceedings does not fully take into consideration all of its essential characteristics. Due to the above, the definition of the support measure for administrative proceedings which is a complex administrative-law phenomenon, may only be possible on the basis of establishing its inherent attributes. The author underlines that what remains unchanged is the provision that the restrictions on human rights and freedoms which are allowed under the Russian Constitution should be commensurate in the contents and volume to the interests being protected and correspond to the general goals, objectives and principles of applying detention as a measure to support the proceedings in administrative cases.