Administrative and municipal law - rubric Administrative and municipal law: forms and methods of implementation (practice)

Abstract: According to the official Ministry of Internal Affairs of the Russian Federation data in 2002 – 2006 the quantity of crimes commited by or aided by the juveniles became 10,5% higher, and more than a million of juveniles a year is addressed by the militia for the commission of administrative offences. The number of homeless children exceeds 2,2 million. This article by E.V. Kashkina includes statistical and other data, which characterize the situation, reviews the topical problems of prevention of juvenile crimes and other offences.

Abstract: Ensuring the protection of children’s rights is one of priority directions of the social policy of any democratic jural state. In turn, it calls for efficient mechanisms in order to adequately protect the children’s rights. This article by V.A. Malyshev is devoted to the specific features of the commissions on juvenile delinquency…

Abstract: The article is devoted to the adhesion contract in the housing sphere, which is also known as “typical contract”. The author analyzes the administrative legal meaning of such contracts, one of the parties to which are municipal or state government bodies. The author evaluates the legal nature of typical contract, its key conditions the order of its conclusion. Much attention is paid to the contract of social rent of housing, and rent of specialized housing, as most typical ones. The typical contracts form non-parity relations, however, they help to form an universal model of behavior for its parties. The author points out, that while the role of state and municipal bodies grows, the value of typical contracts shall also grow in the sphere of housing.

Abstract: The article includes analysis of specific features of prohibiting norms of administrative law, the author establishes their structure and place within the mechanism of legal regulation of social relations, which are established in the sphere of public government. Based on analysis of specific features of prohibiting norms of administrative law, the author formulates propositions on improvement of administrative legislation.

Abstract: The article is devoted to the review of administrative contract as a form of legal regulation. It is noted that it’s necessary to improve legal regulation of housing and utilities issues. Thanks to contract forms, one may improve administrative legal regulation of social relations in the sphere of state and private partnerships.

Abstract: the article is devoted to information security within the framework of ensuring of security in the society, the content of information security, its place within the system of security in the society, the jurisdictional means of ensuring information security.

Keywords: information, information security, administrative responsibility, jurisdiction, administrative violations in the sphere of information, information society, the procedure of access to public information.

Abstract: the article is devoted to the analysis of normative activities of the local self-government bodies, as well as mechanisms of cancellation and temporary cessation of application of acts of municipal government. The article includes analysis of the mechanism of the judicial procedure on cases, arising from public law relations.

Keywords: normative legal act, challenging the legality of normative legal acts, municipal bodies, representative bodies of local self-government, the constituent subject of the Russian Federation, the protection of interests of people.

Abstract: the article is devoted to the analysis of municipal contract based by the analysis of federal legislation and other normative acts. The author comes to a conclusion, that a municipal contract is a general legal form, a group for a number of civil law contracts. The author also includes analysis of points of view of legal scholars on the nature of municipal contract, comes to a conclusion that the municipal contract should not be regarded as a type of administrative contract.

Keywords: municipal and state contract, types of contract, civil law contracts, universal legal form, correlation of public and private issues in the municipal contract.

Abstract: In this article the author studies the existing approaches to the term “legal regime” in the legal science. The author analyzes the definition and elements of the administrative legal regimes, their nature and components, means for their realization.

Keywords: in this article the author studies the existing approaches to the term “legal regime” in the legal s, their nature and components, means for their realization.

Abstract: this article is devoted to problems of administrative legal regulation of activities of the internal affairs bodies in the sphere of consumer market. The author analyzes various points of view on the subject of control and review in the sphere of internal affairs. The author enumerates the obligations of the internal affairs bodies in the sphere of control and review of consumer market.

Keywords: Market, consumer, responsibility, internal affairs body, consumer market, sales, control, review, mechanism, authority.

Abstract: the article is devoted to the system of legal means within the framework of social relations in the sphere of public government, place and role of legal prohibitions within the mechanism of legal regulation. The author analyses the correlation of legal and administrative legal prohibitions.

Keywords: Prohibition, permission, means, mechanism, law, prescription, norm, rule, regulation, system, issue

Keywords: zapret, dozvolenie, sredstvo, mekhanizm, pravo, predpisanie, norma, pravilo, regulirovanie, sistema, vopros.

Abstract: The article is devoted to the correlation of terms “lawmaking”, “norm formation”, also “forms”, “kinds”, “means” for forming legal acts, the author also analyzes various approaches to understanding of the limits of the lawmaking competence of municipal bodies, offers a complex approach to municipal lawmaking.

Keywords: Municipal lawmaking, norm formation, municipal legal act, contractual law making, municipal bodies, municipal formation.

Abstract: The article is devoted to methods of legal regulation, the author also shows the contents and elements of methods of legal regulation. Also, the article shows the necessity of particular features of methods of legal regulation.

Keywords: Permission, prohibition, limitation, mean, law, administrative law, classification, legal regulation, mechanism of legal regulation, elements of legal regulation.

Abstract: The article includes analysis of specific features of realization of relations in the sphere of private detective and guard activities, the author analyzes permissive mechanisms of private detective and guard activities.

Keywords: Permissive system, detective, guard, responsibility, control, review, legal relation, object, legal fact.

Abstract: This article is devoted to study of legal nature of the administrative contract, as well as elements of public and private in it. The interest of the author is due to the fact that contract is a traditional private law instrument, while the administrative law is public.

Keywords: Contract, administrative contract, regulation, administrative legal regulation, private law, public law.

Abstract: This article is devoted to mechanism of permissive activity, its value within the sphere of guarantees of legal order. The author points out the special value of this process within the administrative process as a whole.

Keywords: Procedure, permission, process, production, security, control, review, license, registration, application of law.

Abstract: Ensuring legality in the sphere of government management is one of the key directions in the activities of the state. Legality is the key principle of state and social activities, as enshrined in Art. 15 of the Constitution of the Russian Federation, and meaning precise execution of law and other normative legal acts by all state bodies, local government bodies, citizens and their unions.

Keywords: Government, legality, inner (for government department), service, public, executive branch.

Abstract: Municipal land control over land use on the territory of municipal structure is performed by municipal government and the bodies empowered by it. In judicial and arbitration practice, there are often disputes, regarding powers of municipal bodies in this sphere. This article includes an attempt to deal with the experience of some municipal bodies in the normative legal regulation of municipal land control.

Keywords: Jurisprudence, municipal, legal, act, land, control, situation, powers, municipal government.

Abstract: Review: any administrative control over the municipal government bodies can only be implemented in order and in cases, which are directly provided by the Constitution and the law, as it is provided in the European Charter on Municipal Government (Art. 8, part 1). The existing legislation in the Russian Federation fails to evaluate “order and cases” of administrative control over municipal government. So, there’s need to include into the Russian legislation provisions on goals, principles, means and methods of administrative control over municipal government.

Keywords: management, control, power, state, municipal government, power, goals, principles, methods, interference.

Abstract: Review: the article is devoted to disciplinary responsibility of state servants in foreign law. The author points out the order of subjecting staff to disciplinary responsibility in foreign legislation.

Keywords: disciplinary responsibility, state servant, state position, administrative prohibition, responsibility, legal offence, foreign administrative law, disciplinary offence, disciplinary charge, legal norms.

Abstract: Key words: studies of law, administrative, supervision, function, government, control, content, public, elements, meaning. Abstract: the article is devoted to administrative supervision as a function of public government. The author defined the main features, content and juridical meaning of administrative supervision. The article also contains a comparison of administrative supervision with a controlling function.

Abstract: Key words: studies of law, real estate, registration, right, property, rejection, order, appeal, administrative, juridical. Abstract: the article is devoted to appeal of rejection in the state registration of rights in real property and the deals therewith in administrative proceedings. Such appeals can be viewed not only in juridical authorities but also in corresponding registering authorities.

Abstract: Key words: studies of law, trade, transit, customs, General Agreement on Tariffs and Trade, Association of South East Asian Nations, Caribbean Community, Transport International Routier, Atlantic Treaty Association. Review: freedom of transit as a principle in international law derives from the priority of free access to the sea in the countries which don’t have a direct access to it. Priority of free access to the sea and transient right have been the subject of different international conferences and a few international agreements which now form the basis of the freedom of transit principle. The variety of international agreements shows that countries are often involved in more than one agreement at a time. Consequently, there is a risk that ountries may fail to fulfill both regional and bilateral agreements due to the fast growth of their number, overlap and multiple participation.

Abstract: the article covers the legal and organizational aspects of developing and realizing administrative procedures in the work of public administration. The author also touched on prohibitions related to such realization of administrative procedures

Keywords: administrative procedure, prohibition, foreign countries, administrative process, administration, public government

Abstract: the article summarizes the functions of consular offices related to administrative procedures. In this regard, the author tried to study the given functions from the point of view of administrative law

Keywords: procedures, administrative, consular, offices, legalization, registration, act, service, appeal

Abstract: the article is devoted to topical issues of the modern coordination law practice. Coordination is a powerful tool of organization of internal reserves of the law. Moreover, coordination law practice itself is a complex legal phenomenon. The author of the article viewed certain topical issues of coordination in law in a new light

Keywords: coordination, practice, effectiveness, mechanism, interaction, functions, forms, methods

Abstract: the article covers topical issues of realization of administrative regulations in the sphere of executive power. The author compared administrative regulations to administrative procedures. It is underlined that there is a strong need to pass the federal law on administrative procedures

Keywords: management, law, administrative law, executive power, administrative process, administrative procedure, Administrative Regulation, administrative activity, administration actions, administrative regulation

Abstract: Review: the article considers the meaning and special features of principles of administrative procedures. The author covered different points of view on the mentioned above principles and made certain suggestions on their legal enforcement.

Keywords: procedure, principle, legality, executive power, executive authority, rights of citizens and legal entities, administrative regulations

Abstract: Review: the article considers different points of view on the phenomenon of administrative process. Based on those, the author concluded that as a structure, administrative process is defined as a totality of various proceedings.

Keywords: administrative process, administrative proceeding, jurisdiction, legal procedure, legal relationships, legality, law and order, executive power, procedures

DOI: 10.7256/2454-0595.2021.1.35047

Abstract: This article examines the legal regulation of detection of citizens’ communications on the Internet s that require a response from the government authorities. The relevance is substantiated by the increase in the number of publications on Internet that require a response, as well as by the fact that the corresponding legal relations are not regulated by the Federal Law “On the Procedure for Considering Appeals of the Citizens of the Russian Federation". Since such form of administrative activity obtained a wide circulation in 2020 and needs further research, analysis is conducted on the practice of legal regulation of the indicated questions. The author concludes that the legal acts of all constituent entities of the Russian Federation on this question are similar: they determine the procedure for detection of information that requires a response, its processing, and posting the results of consideration. Analysis is performed on the structure of the subjects engaged in this administrative activity; emphasis is placed on the involvement of nongovernmental organizations in this process. In the conditions of digitalization of administrative activity, many regions utilize the automated Incident Management System to facilitate coordination of all citizens’ communications that require a response. It is noted that the Regional Management Centers have been established for improving the process of detection of citizens’ communications that require a response. Analysis of the system of such relations between the government and the citizens allows continuing research on the problematic issues of working with the Internet resources – falsity of information, anonymous publications, need for immediate response, etc.

Keywords: Incident management, digitalization, legal regulation, administrative activities, response to messages, citizens' appeals, social networks, Internet, regional management center, performance indicator

DOI: 10.7256/2454-0595.2023.1.38831

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

Keywords: economic entities, administrative proceedings, control and supervisory activities, departmental control, moratorium, administrative reform, control and supervisory authorities, prosecutor's supervision, administrative responsibility, verification activities

DOI: 10.7256/2454-0595.2018.6.26756

Abstract: The article is devoted to the juridical nature of the goal-setting process as part of intra-departmental control. In his research Mamontov analyzes theoretical and practical approaches to goal-setting as part of intra-departmental control over internal affairs activity. In his research the author also analyzes the most fundamental theoretical sources that influence the goal-setting process as part of intra-departmental control in different spheres of management activity of internal affairs agencies. The author provides a comparison of the legal grounds of developing purposes and targets of internal affairs control as well as analyzes the statutory regulation of intra-departmental control of different police activities. In his research Mamontov defines particular features of the influence of management achievements in the sphere of goal-setting on various spheres of intra-departmental control over internal affairs activity. Based on the results of the analysis, the author describes contradictions that may arise in the process of regulating the system of intra-departmental control over internal affairs activity, and suggests changes to departmental legal acts that would ensure the balance of the goal-setting process.

Keywords: state, law, goal-setting, internal control, state control activity, state control, state administration, bodies of internal affairs, jurisprudence, juridical nature

DOI: 10.7256/2454-0595.2018.6.26897

Abstract: The subject of the research is the legal acts that regulate the basis and procedure of bringing parents or other legal guardians of the under aged to administrative responsibility. The object of the research is the social relations that may arise as a result of establishment or implementation of administrative responsibility for non-performance of сhild-rearing and maintenance responsibilities by parents or other legal guardians. The authors of the article analyze such aspects of the topic as the analysis of legal acts regulating administrative responsibility of parents or other guardians of the under aged. The methodological basis of the research implies the dialectical materialistic method of research and general and special research methods based thereupon such as comparative law, formal law methods, analysis and synthesis. As a result of their analysis of administrative laws that regulate bringing legal guardians of the under aged to administrative resopnsibility, the authors suggest to change the sanction of Part 1 of Article 5.35 of the Administrative Offenses Code of the Russian Federation for repeated violations of law, in particular, to increase the fee or impose an administrative arrest as an alternative punishment. According to the authors, this would allow those who perform preventive measures to be more efficient in their work with dysfunctional families and parents who avoid child rearing and maintenance. In addition, the authors raise the issue about making an amendment to Article 20.22 of the Administrative Offenses Code of the Russian Federation that would regulate the process of bringing parents or legal guardians of the under aged to administrative responsibility if an under aged use tobacco. This amendment to Article 20.22 of the Administrative Offenses Code of the Russian Federation, according to the authors, would enable more efficient preventive measures aimed at both under aged and their legal guardians.

Keywords: family, administrative responsibility, crime prevention, prevention subjects, parents, legal representatives, administrative offense, juvenile, individual prevention, general prevention

DOI: 10.7256/2454-0595.2018.8.27551

Abstract: Based on the analysis of law and judicial practice, Agakishiev studies regulatory requirements set forth by the Russian legislation in relation to the issues covered by the local referendum. In particular, the author touche supon the requirements for the matter and question formulation at the local referendum. In his research the author also analyzes the laws of the lands of the Federal Republic of Germany, cantons of Switzerland and USA states on the matter. Based on his analysis, the author makes suggestions on how to improve the legal regulation of the institution of the local referendum in Russia. The methodological basis of the research implies a combination of general and special research methods such as dialectical, logical, systemic, typological, comparative law, historical, formal law, and other methods applied both individually and in combination. There is a great number of researches devoted to the institution of local referendum in Russia. In particular, the issue was studied by such authors as A. Avtonomov, V. Komarova, A.Kostyukov, L. Nudnenko, V. Pylin, D. Ustinov, A. Sergeetv, and E. Shugrin. Unlike earlier researches, in this research Agakishiev carries out a detailed analysis of regulatory requirements for the issues discussed at the local referendum. The scientific novelty of the research is also caused by the fact that the author studies the matter from the point of view of both Russian and foreign law. Based on the results of the research, the author defines conflicts of law and gaps. Based on the analysis of the experience of the foreign states, the author makes suggestions on how to improve the legal regulation of requirements for the issues discussed at the local referendum.

Keywords: local referendum, referendum, Constitutional Court, Constitution, municipal legal relations, local referendum issues, local self-government, German law, Swiss law, US law

DOI: 10.7256/2454-0595.2016.1.17282

Abstract: The author considers the development of the normative-legal base of technical regulation in the context of economic development of the Russian Federation and the current problems of legislation in this sphere. Special attention is paid to the formation and improvement of the normative-legal base in the sphere of technical regulation within the integration processes in the Customs Union and the Eurasian Economic Community, the normative-legal base harmonization with the principles of the WTO, aimed at Russia’s economy development and economic relations expansion. The methodology of the research is based on the dialectical and the systems methods. The author also applies such general scientific methods as analysis, synthesis, generalization, and prognostication. The author concludes that an extensive legal base has been formed recently, which promotes the formation of integrated legislation in the sphere of technical regulation; the defining factor of legislation improvement is integration within the Eurasian Economic Community. At the same time, the set of normative legal acts still contains gaps and uncertainties, allowing violations of entrepreneurs’ rights; there’s still a lack of a clear hierarchical structure of regulations with the necessary correlations, covering all industrial sectors they can be used in.

DOI: 10.7256/2454-0595.2016.1.67336

Keywords: legislation updating, systematization of legislation, harmonization of legislation, development trends, normative-legal base, topical problems, state supervision, technical regulation, problem issues, integration processes

DOI: 10.7256/2454-0595.2022.4.39233

Abstract: Education provides opportunities for self-realization and development of talents, that is, ensures the achievement of the corresponding national development goal. Therefore, control over the quality of education should be brought to a new level, taking into account the concept of the ongoing reform of control and supervisory activities and information technology development. In this paper, the author, based on the historical-legal and formal-legal method, offers the author's approach to the periodization of the legal regulation of accreditation as a form of control over the quality of education. The author notes that the modern model of quality control of education is based on the assessment of the performance of accreditation indicators and is the result of the evolution of quality control of higher education in Russia. In general, the development of legal regulation of accreditation in the field of education includes, according to the author, 4 stages: "The formation of certification and accreditation as interrelated forms of control" (1987-2007); "Unification of certification and accreditation procedures" (2007-2010); "Improvement of state accreditation procedures. Introduction of accreditation expertise" (2010-2021); "Addition of state accreditation with accreditation monitoring tools" (2021–present). It is revealed that accreditation monitoring is becoming a new form of control activity, which is systematic. Additionally, within the framework of the conducted research, the author has developed some proposals for improving the legal regulation of accreditation monitoring.

Keywords: diagnostic work, quality of education, systematic observation, accreditation indicators, accreditation monitoring, accreditation examination, higher education, accreditation, reform, state control

DOI: 10.7256/2454-0595.2018.9.19742

Abstract: Cancellation, termination, loss of effect, recognition as inconsistent with a prevailing legal act, recognition as inconsistent with the RF Constitution, abolishment a legal act is one of the important measures to restore law and order in the country, protect the rights and freedoms of citizens, and to ensure appropriate law power structures. However, there is no unambiguous interpretation of repressive and punitive application of such measures. The article is devoted to analysis of the legal nature of the measures on cancellation (loss of effect) of legal acts in terms of the possibility of their use as measures of responsibility. The methodology is based on materialist dialectic, in particular, the author has used general and special research methods such as logical analysis, formal law method and systems approach. As a result of the research, the author has analyzed two main procedures of cancellation (loss of effect) of the legal acts, administrative and judicial, describes their peculiarities and methods of defining repressive and punitive nature of the measure. The author also touches upon the problems that relate to the administrative or judicial procedure of termination (loss of effect) and offers relevant solutions.

Keywords: impairing the moral rights, principle of subordination, normative legal act, legal act, independence of the judiciary, administrative discretion, accountability measures, termination, loss of effect, compliance assessment

DOI: 10.7256/2454-0595.2016.1.17524

Abstract: The research subject is the modern condition and the perspective directions of the state supervision system reforming. Recently, the significant reforms have been undertaken in the sphere of Russia’s legislation about the state supervision, aimed at the improvement of oversight bodies’ activities, including the introduction of a risk-oriented state supervision system. The attempts are made to improve the executive authorities system, responsible for the supervision and control, aimed at the decrease of the redundant influence on various spheres of the market economy. One of the main recently discussed questions is the adoption of a new law on the state supervision and control. The methodology of the research is composed of the modern scientific methods, including the systems analysis, the historical method, and the methods of observation, synthesis and analysis. The author also applies sociological methods, the statistical method and the method of expert assessment. In the result of the research the author formulates the main problems of the modern state supervision system reforming. The author defines three main directions of reforms in this sphere: firstly, the improvement of the current Federal Law of December 26, 2008 No. 294; secondly, the optimization of the state supervision structures and functions; thirdly, the development of the new federal law on the state control and supervision. The article analyzes the main results of the performed reforms.

DOI: 10.7256/2454-0595.2016.1.67337

Keywords: decrease of redundant functions, state function, executive authority, administrative law, state supervision, state control, administrative reform, public administration, control and supervision activities, provision of legality

Abstract: The article analyzes the four forms of implementation of education laws: observance, enforcement, usage and application. The author studies relations between these forms based on concrete laws and regulations. At the end of the article it is concluded about expansion of sublegal and local regulation which, in its turn, increases debates in the sphere of law enforcement. The author analyzes practice of constitutional, general and arbitrage courts concerning these education issues.

Keywords: law studies, enforcement, operation, execution, implementation, education, debates, court, agreement.

Abstract: The article contains an analysis of statistical data of road accidents involving children in the Chelyabinsk Region during the period of 9 months of 2010. Based on this analysis the authors describe the basic factors contributing to road accidents involving children. The analysis also helps to define the current issues of preventive actions on prevention of road accidents involving children. The authors of the article also made an attempt to study and sum up corresponding innovations in the mentioned above region.

Keywords: accident, children, road accident, death rate, damage, forms, methods, innovation, period, prevention

Abstract: Review: the article considers the legal and organizational problems of realization of administrative procedures in the sphere of internal affairs. Special attention is paid at the need to improve administrative and procedural activity of executive authorities in general and of internal affairs agencies in particular.

Keywords: procedure, process, proceeding, legality, internal affairs, discipline, law and order, executive authority, executive and administrative activity, internal affairs agencies

Abstract: The purpose of this research is to analyze the current situation in the sphere of regulation of unauthorized construction from the point of view of efficient powers granted by the federal and regional laws to the local self-government as well as the assessment of the volume of these powers. The tasks of the research include: completion of powers at the self-government level in the sphere of urban development and building supervision when building or reconstructing the major construction facilities. The article also suggests a model of organization of self-government supervision in the sphere of building (construction) that would allow rational activity of the local self-government agencies in the sphere of urban development through immediate response to violations and their timely suppression. The study of the problem of the unauthorized construction that lies in the basis of the article is based on the analysis of established federal laws concerning self-government powers in the sphere of urban development.

Keywords: real estate, urban development, construction (building), supervision, legitimacy, violation of law, responsibility, local self-government agencies, powers, demolition.

DOI: 10.7256/2454-0595.2023.1.39565

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

Keywords: expert assignment, expert organization, expert, expertise, inspector, controlled person, control and supervision action, control and supervision activity, state control, expert advice

Abstract: The article studies the concept and peculiarities of acts by executive authorities. The author well describes the features and place of legal acts in the mechanism of administrative and legal regulation of social relations. Special attention is paid at an administrative procedure as a specific type of an act performed by federal bodies of executive power.

Keywords: regulatory act, rules of procedure, administrative procedure, legal regulation, sublegislative nature, official publication, dissemination to an addressee, legal act

Abstract: The article is devoted to the issues of competence of the Federal Tax Service of the Russian Federation in the sphere of control of customs value. The article considers the basic ways of resistance to under-estimation of customs value as well as problems of implementation of customs authorities’ powers in the sphere of control of customs value. The author of the article also carried out an analysis of corresponding juridical practice and suggested concrete solutions of problems in this sphere.

Keywords: government regulation of foreign economic activity, customs duties, customs value, estimation method, structure, under-estimation, custom declaration, customs control, control of customs value, risk profile, juridical practice

Abstract: The article studies some causes of inefficiency of the federal authorities exercising the state land control; describes the gaps in land legislation and the Law on Protecting Rights of Entities and Individual Entrepreneurs when Exercising State Control (Supervision) and Municipal Control. The author of the article also suggests certain ways to eliminate the gaps and raise the efficiency of the mentioned above element of the state administration mechanism.

Keywords: control, state land control, dedicated government agency, government authorities of the Russian Federation constituent, efficiency, status of a state land control, causes of inefficiency, gaps in legislation, unscheduled inspections

Abstract: The article views the concept and peculiarities of prohibiting norms of administrative law. The author describes their place and role in the mechanism of legal regulation and analyzes certain features of prohibition norms of administrative law. Based on that, the author concludes that prohibiting norms play an important role in the mechanism of legal regulation.

Keywords: rules of law, prohibition, regulation, sanction, responsibility, wrong-doing, regulating features, influence, public law sphere, assignment

DOI: 10.7256/2454-0595.2021.1.34401

Abstract: The subject of this research is the historical approaches towards administrative regulation of socioeconomic development of Russia throughout the XX and early XXI centuries. The article is dedicated to studying the administrative-legal mechanism of strategic planning. The key research methods are historical-chronological and dialectical. Analysis is conducted on the approaches towards administrative regulation of the development of Russian economy in the context of historical and dialectical development. The author examines the principal legislative acts that determine the state policy aimed at the development of economic system and achievement of the goals of socioeconomic development of the country and society. The obtained results indicate that the degree of government intervention in the economy varies. The author underlines that the intervention is justified and essential at the time of recession. A comprehensive strategic planning mechanism is currently being formed in Russia to ensure socioeconomic development; however, this institution requires some improvements. The author outlines future vectors of research of this mechanism for advancing its efficiency. For this purpose, it is offered to determine its elements, means of their interaction and form the system of principles for the development of state economic policy and its implementation.

Keywords: administrative powers, strategic planning, USSR Ministry of Instrumentation, Kosygin’s reform, administrative and legal regulation, economy in transition, regulation of the market economy, economic reform, planned economy, socio-economic development

Abstract: Review: the article is devoted to the content and mechanism of realization of supervisory powers of local self-government bodies in the sphere of land use. The author studied the content and nature of municipal control and analyzed certain municipal legal acts regulating municipal powers in the sphere of supervision of land use.

Keywords: studies of law, municipal, land, control, powers, subject, questions, local, significance

Abstract: The article studies the term and essence of acts of executive power in the mechanism of administrative legal regulation. It is noted that administrative provision has all the features of an administration at and all administrative provisions are made on the ground of and in execution of the law as well as any other regulatory document possessing greater legal force.

Keywords: provision, legal act, mechanism, executive authority, federal executive authority, sub-legislative nature, executive function, procedure, process, administrative activity

Abstract: One of the key areas of current state policy is minimization of interference of a state institution with entrepreneurship activity. In this article the author views certain challenges of enforcement of a new principle issued by the Federal Law ‘On Protection of Rights of Legal Entities and Individual Entrepreneurs when Carrying out State Control (Supervision) and Municipal Control’ from December 26, 2008. As a result of the analysis of the Russian Federation law, the author makes certain assumptions about a legal collision hindering state control (supervision) bodies from full and effective performance of their functions. The author also suggests certain ways to overcome this collision and optimize activities by state control (supervision) bodies.

Keywords: state institution, control (supervisory) authorities, inspections, legal entities, individual entrepreneurs, license requirements, regulatory requirements, powers, collision

Abstract: Review: based on court practice, the author studied the institution of state registration of rights for real estate. The author considered both the institution of state registration and the possibility of refusal of state registration.

Keywords: studies of law, state, registration, real estate, treat, court, act, appeal, refusal

Abstract: The article studies the idea and the essence of measures of administrative restraint as well as shows the role of measures of administrative restraint in the system of administrative enforcement. Moreover, the article defines the criteria for classification of measures of administrative restraint

Keywords: enforcement, restraint, prohibition, responsibility, punishment, system of state enforcement, protection, legal order, public order

Abstract: The article analyzes the legal nature of examination of goods and transport vehicles. The author views customs examination both as a measure of providing proceedings on the cases of administrative offences and a form of customs control. The author concludes that customs examination certainly has a dualistic nature.

Keywords: examination, provision, enforcement, control, check, dualism, purposes, methods, peculiarities, enforcement of rights, attesting witnesses

Abstract: The article reveals the content of administrative mechanism, mechanism of realization of legal prohibition and covers the elements of administrative mechanism of realization of a legal prohibition

Keywords: prohibition, legal prohibition, mechanism, system, legal enforcement, prohibiting norms, prohibiting legal relations, act of appliance

Abstract: The article proves the author’s point of view regarding establishment of an independent administrative legal institution of declaring. The author describes the main features of such an institution, suggests his own definition of the institution of declaring, describes the system of specialized sources and underlines the unique nature of the method of legal regulation as well as defies the subjective composition of the institution. The author also pays attention at the variety of forms of declaration.

Keywords: management, declaring, state institution, subject, source, element, system, law, control.

Abstract: The authors of this article describe an important direction in public prosecution – participation in law-making activities conducted by state authorities. The authors study the most efficient forms of participation of prosecutors in law-making process. It is underlined that there is a certain need in providing prosecutors with the right for legislative initiative.

Keywords: prosecutor’s office law-making, forms of participation in law-making process, legal acts, law, legality, regulation, prosecutor, violation, abuse of power.

Abstract: Supervisory activity by a Russian Federation constituent over local self-government has an administrative nature. Administrative control over the local authorities is conducted only according to a legal order. Administrative control over the local authorities is meant to ensure legality and observance of constitutional principles, however, administrative control can be also used whenever such implementation is necessary. Administrative control over the local authorities is conducted in such a way that the degree of interference of the controlling body is proportional to the significance of interests protected by such interference

Keywords: supervision (control), self-government, administrative, charter, control, subjects, activity, municipal, management.

Abstract: The article considers the legal and organizational problems of business security. The author of the article points out a number of problems related to business security. Special attention is paid at administrative and legal measures which can be more effective in the sphere of business security

Keywords: business, entrepreneurship, entrepreneur, businessman, security, mean, regulation, raider, combating

Abstract: The article is devoted to the analysis of financial law with reference to transfer and distribution of technologies and innovations globally. It is concluded that there is a certain need in reformation of architecture of the global financial system. The author of the article also underlines the innovation potentials of modern international financial institutions.

Keywords: development, finances, globalization, sustainable, cooperation, transfer, technologies, economics, investment, currency.

Abstract: The article is devoted to certain aspects of formation of a legal status of self-regulating organizations. This is a topical issue because it is still not so much researched and, as a consequence, there is no single approach to creating self-regulating organizations. In the course of her research the author discovered the dependence between a legal status of self-regulating organizations and interests being realized by them. The author of the article gives definition of the term ‘interest’ as well as its particular forms — private and public interests. The author also describes the main public interests lying at the root of creation of self-regulating organizations. It is also concluded that public interest is the basic interest in formation of such legal entities. Moreover, their social nature is determined by the public interest but at the same time it is in balance with private interests which, in its turn, creates its public law and private law statuses.

Keywords: self-regulating organization, legal personality, public interest, private interest, mechanism of regulation, principle of legality, principle of observance of rights and freedoms, social interaction, principle of free enterprise.

Abstract: The article considers the legal and organizational problems of law enforcement in the sphere of consumer’s market and forms certain suggestions on improvement of the activity by internal affairs agencies in the sphere of prevention and suppression on the consumer’s market.

Keywords: consumer, consumer’s market, trade, law enforcement, internal affairs agencies, police, regulation, violation of law, interaction

Abstract: Law enforcement is a very specific and questionable form of implementation of legal propositions. Meaning and interpretation of the term ‘law enforcement’ do not create any disagreements or discords in the theory of law. This article is devoted to the role of mechanism for the implementation of administrative, criminal and criminal procedure norms in the system of legal regulation.

Keywords: implementation of law, law-enforcement activity, officials’ actions, legal procedure, law-enforcement acts, legal fact.

Abstract: Based on the analysis of municipal law making processes the author of the article views the increasing of quality of law making at municipal units and analyzes adopted regulatory legal acts. The author also describes the stages of the law making process. Based on the example of public hearings in Khabarovsk the author defines the drawbacks in attracting and involving the population into the law-making process.

Keywords: local self-government, munitipal law making, law making stages, types of legal regulatory acts, municipal unit charter, provisions, instruction, municipal regulatory acts, sources of administrative law.

Abstract: The article views legal and organizational problems of proceeding in error in administrative and legal activity of customs authorities. Moreover, it is underlined that today we can talk about such phenomenon as ‘customs complain’

Keywords: complain, appeal, procedure, process, jurisdiction, protection, customs, customs authorities, restoration, right

Abstract: The article studies the legal and organizational problems of implementation of public legal restrictions in the sphere of public activity. The author well shows how diverse these restrictions are and makes certain suggestions on how to improve their legal enforcement.

Keywords: restrictions, prohibition, law, right, principle, dogma, concept, legislation, charter, system.

Abstract: The article considers administrative prohibition and administrative restriction as elements of the system of legal regulation of public relations in the sphere of public administration. The author described the features and goal of administrative prohibition and administrative restriction.

Keywords: prohibition, civil service, legality, discipline, regulation, goal, features, precept of law

Abstract: the article considers the essence of ‘administrative mechanism’ and ‘mechanism of realization of a legal prohibition as well as uncovers the main elements of the administrative mechanism of realization of the legal prohibition.

Keywords: prohibition, legal prohibition, mechanism, system, law enforcement, prohibition norms, prohibition legal relations, acts of enforcement

Abstract: The article studies the problems of enforcement of the existing legislation on anti-corruption measures and analyzes the main positions aimed at minimization of corruption risks in the sphere of state and municipal service.

Keywords: budget, finances, control, corruption, reserve fond, corruption practices, corruption risks, anti-corruption measures, financial activity, budget federalism

Abstract: The article views the modern state of federal institutional rewards and analyzes practice of federal bodies of executive power and federal state bodies granting institutional rewards. The author also makes suggestions on how to improve the existing system of federal institutional rewards in the country.

Keywords: rewards, federal institution, state institution, federation, achievement, grand title, medal, encouragement

Abstract: Based on the analysis of the condition of legality in the sphere of licensing of entrepreneurship activity and summary of drawbacks of legal regulation, the author makes a conclusion about the need in development of grounds for recognition of this or that activity as subject to licensing, as a starting point for cancellation, and introduction of licensing and substitution of it by the control from the side of self-regulating organizations. Based on the analysis of foreign experience and law enforcement practice, the author sums up the problem points of transfer of public powers to self-regulating organizations.

Keywords: state institution, licensing, entrepreneurship, regulation, self-regulation, administrative, public, reform, organization.

Abstract: The article is devoted to the legal and organizational grounds for administrative law-making. The author of the article analyzes peculiarities of sub-legislative law-making process in the United States of America. Based on the study, the author makes certain conclusions on further improvement of sub-legislative law-making process in the Russian Federation.

Keywords: act, norm, law, process, regulation, control, America, congress, administration, law-making, powers.

Abstract: The article makes an attempt to define the difference between such terms as ‘work’ and ‘service’ and suggest the author’s definitions of them. In order to achieve the above mentioned goal, the author of the article studies the existing legislation using such terms as ‘work’, ‘service’ or ‘function’ as well as analyzes different opinions on this matter.

Keywords: work, service, function, state, difference, definition, result, activity, purpose.

Abstract: The article studies laws regulating control (supervision) over activities by self-regulating organizations. The author makes certain suggestions on how to improve the Russian legislation and establish common approaches for all self-regulating organizations when it comes to the type, subject and grounds for such inspections, its dates and frequency as well as establishment of administrative responsibility of a self-regulating organization and its officials.

Keywords: control (supervision), activities by self-regulating organizations, self-regulating organization, administrative responsibility, officials of self-regulating organizations, inspections, state function, violation of law, administrative barriers.

Abstract: The article deals with the problems of minimization of corruption risks when rendering public state services. The author also noted that the quality of public services has a certain impact on social and economic development as well as protection of rights and interests of subjects of business activities.

Keywords: corruption, procedures, anti-corruption measures, corruption risk, entrepreneurship, minimization, administrative barrier, entrepreneur, factor, service

Abstract: Judicial control is a part of general state control over the local self-government authorities’ activities. Throughout the history of Russia judicial control hasn’t been considered as a separate branch of supervisory activity because c ourt was an inseparable part of executive powers. However, judicial c ontrol over local authorities’ activities can be effective only if there is the powers are separated both horizontally and vertically.

Keywords: self-government, power, court, control, supervision, reform, state institution, district councils, councils (Soviets)

Abstract: Legal nature of state control shows itself in the fact that such a control is performed by authorized persons. There is a particular circle of authorities and officials operating with the legal norms in the process of control and supervision.

Keywords: control, state institution, power, right, administration, executive authority, presidential control, judicial control, democracy, human rights.

Abstract: The article is devoted to the analysis of awarding industry. The author studies the procedure of granting official and state awards, defines and fully describes the four types of awarding industries. The author criticizes the deductive approach to defining stages of awarding industry and suggests his own view on the structure and sequence of stages of awarding industry.

Keywords: award, industry, structure, encouragement, form, stages, classification, progress, administrative.

Abstract: The article considers the administrative prohibition as a part of the system of legal regulation of social relations in the sphere of public management. The author describes the signs and purpose of the administrative prohibition.

Keywords: prohibition, state service, legality, discipline, regulation, sign, purpose, prohibiting norm, order

Abstract: The subject of legal regulation is a strategic element of law. It includes social relations in different spheres of social life including sport. Legal relations in any sphere must be strictly regulated and they become a branch of law if there is a concrete object of scientific cognition.

Keywords: subject, law, structure, system, needs, sport, physical culture, legal relations, disabled people, achievement.

Abstract: The article is devoted to the administrative and legal mechanism of protection of lands in residential areas. The author also analyzed the level of competence of administrative bodies in the sphere of the land control.

Keywords: land control, cadastre, regulation, administrative responsibility, residential area, community lands

Abstract: Development of the system of accounts agencies of the local government and introduction of the relevant law regarding the accounts bodies, the s ystem of regional legislation is being reformed.

Keywords: agencies, accounts, municipality, powers, f unctions, system, legislation, reform, region

Abstract: The article is devoted to the method of allowance as a mean of regulation of social relations in the sphere of public administration. The author also described the peculiarities and the essence of ‘allowances’ in administrative law.

Keywords: method of legal regulation, allowance, permission, prohibition, method, norm, instruction, element, element of regulation, responsibility

DOI: 10.7256/2454-0595.2013.2.62129

Abstract: The author of the present article analyzes the legal nature of regulations and agreements related to transfer of public law units, under economic jurisdiction and operative management by state and municipal unitary enterprises. The author studies the peculiarities of the agreement for transferring state and municipal property under economic jurisdiction and operative management as a form of administrative agreement and considers the stages of development of the right to economic jurisdiction and operative management.

Keywords: right to economic jurisdiction, right to operative management, state and municipal property, state and municipal unitary enterprise, administrative agreement.

DOI: 10.7256/2454-0595.2014.3.10947

DOI: 10.7256/2454-0595.2014.3.64083

Abstract: The object of studies in this article concerns the issues of correlation between the technical regulation and state veterinary supervision. Art. 14.43 of the Administrative Offences Code of the Russian Federation may serve as an efficient instrument in order to intercept the violations of the current veterinary legislation, however, there are problems with its application in the veterinary sphere. Many technical regulations in the veterinary sphere are not yet adopted. There is not distinction between regional and federal supervision in this sphere. There are contradictions in the normative documents, defining the competence of supervisory bodies. Limiting the state super vision to the competence in the sphere of supervision over the compliance with technical regulations considerably narrows the scope of supervision, leaving a number of veterinary objects unsupervised. The process of study involved the following general scientific methods: dialectic, historical, analysis, synthesis, deduction, induction. In the process of work the author also applied the specific scientific methods, such as historical legal studies, comparative legal studies, systemic structural studies, systemic analysis. The scientific novelty of the article is due to the fact that the issues of state veterinary supervision over compliance with technical regulation were not previously studied. The article contains conclusions providing that the normative legal acts on the issues of application of technical regulations in the veterinary sphere require amendments, and the scope of judicial practice in this sphere should be widened. The state veterinary supervision over compliance with the requirements of technical regulations should be implemented, however supervision should not be limited only to it. Supervision should also include the compliance with veterinary norms and rules. The Provision on State Veterinary Supervision of 2013 requires significant amendments and the veterinary control activity should be regulated in more detail, while the list of necessary events should be broadened.

Keywords: veterinary, supervision, offence, requirements, rules, regulations, turnover, security, competence, control.

DOI: 10.7256/2454-0595.2013.3.62442

Abstract: The author of the article defines the main problems of administrative regulation of road facilities in the Russian Federation. The author suggests how to improve it on the account of legislative regulation of involving road users and creation of target non-budgetary funds. The author makes a conclusion that the majority of existing problems of car road facilities can be successfully solved through creation of so called road unions that would have all actual powers and non-budgetary funds ensuring adequate financing of road facilities in the Russian Federation.

Keywords: roads, advice, funds, user, management, financing, control, programs, efficiency.

DOI: 10.7256/2454-0595.2015.4.13121

Abstract: The author considers a state duty for licensing as a complex legal relationship, requiring a system regulation. In the process of a state duty establishing, licensing should be considered as a public service consisting of a range of managerial operations. The article analyzes the problems of establishing of the grounds for a state duty, determines the legally significant actions serving as a base for the duty. The author uses the court practice, including the resolutions of the Constitutional Court of the Russian Federation, which attribute the relations with the state to entrepreneurial risk. The author uses the general scientific methods of deduction, induction, analysis and synthesis, and the special scientific research methods: the historical-legal method, the juridical-dogmatic method, the logical method with the system analysis, the method of legal base analysis and generalization of its use. The novelty of the research lies in the theoretical study of the complex legal relationship of a state duty payment for licensing. The author concludes that a complex legal relationship presupposes that the legal regulation of the parts of the relationship, including the relulations of financial and administrative law, will be developing not independently, but will be integrating in the system, taking into account the regulation of the particular legal relationship.

Keywords: administrative law, administrative trial, licensing, state duty, public payment, legally significant actions, state service, public administration, analysis of legislation, court practice review

DOI: 10.7256/2454-0595.2015.4.66312

DOI: 10.7256/2454-0595.2013.4.62542

Abstract: Based on the author’s conception of a tort law, i.e. a complex administrative law institution acting within the borders of official law, the author forms a definition and defines the basic features of disciplinary action in tort law. It is concluded that disciplinary action in tort law should be viewed as the measure of disciplinary enforcement applied to a person who committed an official delict as set forth by the requirements of the law.

Keywords: tort law, law institution, disciplinary responsibility, disciplinary delict, disciplinary enforcement, sanction, disciplinary action, official.

DOI: 10.7256/2454-0595.2016.5.16986

Abstract: The research subject is the range of legal and organizational problems of administrative and legal regulation of the work of regulatory and supervisory authorities. The paper considers the current situation of unification of federal and local executive authority bodies. The author considers the main reasons for unification of the two regulatory and supervisory agencies – the Federal Antimonopoly Service and the Federal Tariffs Service, and the problems which can appear in practice in the process of their unification. The paper studies the problems which regional supervisory authorities can face when organizing routine inspection beginning from 2016 after the unification of particular executive authority bodies in the territorial subjects of the Russian Federation into a single state body. The research methodology comprises the recent achievements in epistemology. The author applies general scientific methods, including the system method, analysis, synthesis, analogy, observation, modeling, and comparison, which help to reveal the main development tendencies and patterns of the subject in question. The specific scientific methods, including the formal-logical, comparative-legal, and system-structural, help to reveal, describe, and reproduce the studied phenomena, and to compare them on order to reveal the similarities and differences. The author discusses the reasonability of transferring the responsibilities of the Federal Antimonopoly Service of the Russian Federation in the sphere of legal regulation to the Ministry of Economic Development. The author concludes about the necessity to unify regulatory and supervisory authorities of territorial subjects of the Russian Federation using the example of the General Regulatory Office of Khabarovsk region.

Keywords: licensing supervision, normative and legal regulation, antimonopoly authority, antimonopoly regulation, public management, regional control (supervision), budget optimization , carrying out of inspections, organization of inspections, state control (supervision)

DOI: 10.7256/2454-0595.2016.5.67698

Keywords: licensing supervision, normative and legal regulation, antimonopoly authority, antimonopoly regulation, public management, regional control (supervision), budget optimization, carrying out of inspections, organization of inspections, state control (supervision)

DOI: 10.7256/2454-0595.2016.5.17121

Abstract: The author considers the topical problems of the mechanism of state control activity improvement in modern Russia. The research object is state control as a means of legality ensuring in public management, its directions, forms and system. The author considers the problem of differentiation between control and supervision, and the scientific concept of the control branch of public authority. The purpose of the paper is to develop the main ideas of the concept of development of state control in the Russian Federation. The research methodology is based on general and special scientific research methods. The author applies the system analysis and the transition from abstract to concrete, the comparative-legal, technical, system-structural and other methods. The author develops an original concept of state control activity improvement in the Russian Federation, introduces the “information social and public control” concept into scientific use. In the author’s opinion, the main ideas of the concept of state control activity improvement on the recent stage of development should include: 1) the control branch of state power institutional isolating; 2) information society and information technologies involvement in the process if control activity; 3) adoption of a unified and officially recognized model (system) of state control activity; 4) adoption of special legislation formalizing the created system and eliminating the existing terminological inconsistencies; 5) personalization of the terminal control institutions, particularly by means of presidential control strengthening and creation of a service of government inspectors in the system of intersectorial control activity.

Keywords: state control system, control authority, supervision, control, public management, legality, administrative supervision, state supervision, state control, state control activity

DOI: 10.7256/2454-0595.2016.5.67699

Keywords: state control system, control authority, supervision, control, public management, legality, administrative supervision, state supervision, state control, state control activity

DOI: 10.7256/2454-0595.2015.5.14928

Abstract: The work of regulatory authorities is a priority for any modern state. During the last decade the Russian Federation is trying to improve the enforcement agencies by conducting large-scale administrative reforms, introduction of modern governance mechanisms and use of experience of the advanced Western countries. There is no doubt that the effectiveness of supervisory bodies depends not only on security and law and order, protection of rights and freedoms of citizens, their social well-being, but, importantly, on the decrease of corruption and crime in the country, as ineffective and corrupt practices of enforcement agencies damage the economy of the country, the development of small and medium-sized businesses, destroy the initiative of the population in the development of various social processes aimed at improvement of the welfare of our country, and are of great distrust and disrespect for the public authorities and their officials.The solution of these most difficult tasks is impossible without close cooperation of public authorities and civil society. Therefore, the duty of the state is to create the necessary mechanisms for such collaboration, to secure them in the current legislation and to ensure the correct implementation of the established principles and rules.

Keywords: supervisory body, civil society, mass media, transparency of pubic authorities, government supervision, Executive power, information society, corruption, public administration, information

DOI: 10.7256/2454-0595.2015.5.66438

Keywords: supervisory body, civil society, mass media, transparency of pubic authorities, government supervision, Executive power, information society, corruption, public administration, information

DOI: 10.7256/2454-0595.2013.5.62704

Abstract: Currently the value of the customs control after the release of goods is growing. The article is devoted to some aspects of post-release control within the framework of implementation of copyright protection function by the customs bodies. Topical issues include limited amount of administrative sanctions based upon the post-release control of goods, including copyrighted objects, as well as length of such control period.

Keywords: The Federal Customs Service of Russia, copyright, administrative offences, customs control, factual control, stopping the issuance, confiscation, control period.

DOI: 10.7256/2454-0595.2016.6.18890

Abstract: The research subject is the range of legal and law enforcement problems of government control (supervision) and municipal control over entrepreneurial activities. The author analyzes legal regulation of this sphere of social relations, its importance and effectiveness. The main attention is paid to the problem of unification of the procedure of government control (supervision), municipal control and the role of the Federal Law “On the protection of rights of legal entities and self-employed persons upon the realization of government and municipal control (supervision)”. Besides, the author carries out theoretical and legal analysis of the concepts of “interaction” of supervisory bodies, legal entities and self-employed persons and “market manipulation”. The article demonstrates the author’s positions on the interpretation of these categories. The research methodology comprises the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logical). The author concludes that at present there is no uniform legal basis for the activities of supervisory bodies, and there is no framework vector of its development. The main contribution of the author is the proposals about the improvement of legal regulation of the relations under consideration. The novelty of the study consists in the proposals about amending the text of the Federal Law “On the protection of rights of legal entities and self-employed persons upon the realization of government and municipal control (supervision)” with the procedure of pre-trial appeal of decisions, actions (inactions) of supervisory bodies with account for the particularities of this form of activity of public and municipal authorities. The article demonstrates the author’s position on the interpretation of the concepts of “interaction” of supervisory bodies, legal entities and self-employed persons and “market manipulation”

Keywords: legal regulation, municipal control, legal entity, federal law, protection of rights, responsibility, legislation, business entity, self-employed person, public control (supervision)

DOI: 10.7256/2454-0595.2016.6.67903

Keywords: legal regulation, municipal control, legal entity, federal law, protection of rights, responsibility, legislation, business entity, self-employed person, public control (supervision)

DOI: 10.7256/2454-0595.2016.7.18031

Abstract: At the present time, the governments in such developed countries of Western Europe as France, and in the Russian Federation do everything they can for everyone to know and have the opportunity to claim the sufficient volume and quality of services from every particular level of authority. The research subject is the study of state and municipal services rendering and the subjects of rendering. The purpose of the research is to reveal the peculiarities of organization of state and municipal services rendering in France and in Russia and to offer the ways of the legislation improvement. The author applies comparative-legal, dialectical methods, analysis, synthesis, induction, deduction and dogmatic method, i.e. the study of the provisions of law, legislation and subordinate legislation with a further lexical and system interpretation. The author considers the “public service”, “government service”, “municipal service” concepts; outlines special subjects, rendering municipal services in France: a public institution (établissment public), a concessionary by an outsourcing agreement, a private company by affermage agreement, a public interest group (groupement de l'intérêt public). The author states the necessity to legislate commercial and non-commercial structures, which can be granted all the necessary authorities via outsourcing or affermage, as the subjects, rendering municipal services (this positive experience of delegation of powers in France should be taken into account in Russia when organizing services rendering). Based on the analysis of the subjects, rendering municipal services in Russia, the author detects the principles which the subject, delivering municipal services, should observe: - the priority of human and civil rights and freedoms; - professionalism and competence of persons delivering services; - linkage to a certain administration level (state, regional or local); - continuity of a service; - permanent adaptation. The results of the study can be used for a further improvement of federal legislation in the sphere of municipal services rendering, and as a basis for scholars’ opinions systematization. The author specifies the subjects, delivering municipal services ranging from public and local authorities to authorized private companies.

Keywords: intermunicipal cooperation, noncommercial partnership, associations , public interest group, outsourcing, affermage, public institution, state service , public service, municipal service

DOI: 10.7256/2454-0595.2016.7.67945

Keywords: intermunicipal cooperation, noncommercial partnership, associations, public interest group, outsourcing, affermage, public institution, state service, public service, municipal service

DOI: 10.7256/2454-0595.2016.7.18148

Abstract: The research object includes the letters of executive authorities of the Russian Federation. The research subject is the study of the legal nature of letters of federal ministries, services and agencies, the definition of their distinguishing features and the practical problems of their implementation in various legal relations. Special attention is paid to theoretical aspects of letters (their peculiarities and differences from statutory acts), and the analysis of judicial practice related to their application. The author applies general scientific methods (the dialectical method, analysis, synthesis, the system approach), and specific methods (formal-legal and comparative-legal). The scientific novelty of the study consists in the first attempt to analyze the theoretical aspects of the legal essence of letters, since they haven’t been studied by the theory of law yet. Besides, the author studies the practical aspects of their application in the regulation of legal relationship.

Keywords: justice, draft law, judicial authority, executive authority, judicial practice, lawmaking, governmental decrees , executive authorities, official letters, statutory instrument

DOI: 10.7256/2454-0595.2016.7.67946

Keywords: justice, draft law, judicial authority, executive authority, judicial practice, lawmaking, governmental decrees, executive authorities, official letters, statutory instrument

DOI: 10.7256/2454-0595.2016.8.18150

Abstract: The research subject is the range of aspects of the mechanism of judicial protection of rights of legal entities and self-employed persons in the context of state control and supervision. The author notes the absence of a uniform statutory framework in several sources of law regulating the mentioned legal relationship. Particularly, the special law on the protection of rights of self-employed persons in the context of state control, procedural legislation and the official position of the Constitutional Court of the Russian Federation contain contradictions in the definition of legal means and legal consequences of appeal of public authorities’ decisions by business entities. The author analyzes the institution of invalidating the results of inspection as one of the ways of protection of rights of organizations and self-employed persons. The author points out the significant shortcomings of legal regulation of this institution. The general theory of law and law enforcement practice demonstrate that the inspection act, as one of the results of inspection, contrary to the content of the law on the protection of entrepreneurs’ rights, can’t be litigated according to the signs of its illegality, since it is not a legal act. This collision significantly narrows entrepreneurs’ capacities to protect their legal interests. The research methodology is based on general scientific methods including the system, comparative and statistical methods, analysis and synthesis. The novelty of the research consists in the fact that the author studies the current legislation in the sphere of judicial protection of entrepreneurs’ rights with regard to the Administrative Procedure Rules and the draft law “On the fundamentals of state and municipal control (supervision) in the Russian Federation”. The author concludes that the formal consolidation of different mechanisms of protection of rights doesn’t guarantee the due level of legal protection of legal entities and self-employed persons, and the existing legal ambiguity whittles the effectiveness of special legislation in the sphere of state control (supervision).

Keywords: violations of the procedure of inspection, illegality of a statutory instrument, invalid statutory instrument, invalidity of a legal act, appeal of decisions, judicial protection of rights, protection of entrepreneurs' rights , act of inspection, state supervision, state control

DOI: 10.7256/2454-0595.2016.8.68033

Keywords: violations of the procedure of inspection, illegality of a statutory instrument, invalid statutory instrument, invalidity of a legal act, appeal of decisions, judicial protection of rights, act of inspection, state supervision, state control

DOI: 10.7256/2454-0595.2016.8.18275

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of the activities of licensing authorities. The paper considers the problems of re-licensing. The author analyzes the comprehensive lists of reasons for re-licensing provided by the Federal Law of 4 May 2011 No 99 “On the particular types of activity licensing”. Despite the fact that this Federal Law was adopted quite a long time ago, the questions about the need for the renewal of licences, issued before this law enactment, are still urgent. The author considers the general cases of re-licensing and the practical problems caused by the absence of the deadline for submission of an application for re-licensing in the Federal Law. The research methodology is based on the recent achievements in epistemology. The author applies general scientific and specific methods. General scientific methods, including the system method, analysis, synthesis, analogy, observation, modeling and comparison, help reveal the main trends and patters of development of the research subject. Special scientific methods, including the formal-logical, comparative-legal and system-structural, provide the opportunity to detect, describe and reproduce the phenomena under consideration, and to compare them. The scientific novelty consists in the fact that so far, the problems of re-licensing haven’t been studied consistently. The author concludes about the necessity to amend the Federal Law of 4 May 2011 No 99 “On the particular types of activity licensing” in relation to systematization of cases of re-licensing and introduction of a deadline for relicensing in the article 18.

Keywords: licensing authority, supervisory function, legal regulation, state service, state control (supervision), regulation on licensing, re-licensing, license requirements, license control, licensing

DOI: 10.7256/2454-0595.2016.8.68034

DOI: 10.7256/2454-0595.2013.7.62977

Abstract: The article is devoted to legal and organizational problems regarding implementation of administrative provisions for the performance of state functions and services in the sphere of anti-corruption expertise of normative legal acts and their draft. Based on the analysis, the authors make propositions for the improvements into the existing procedures. It is noted in the article that currently the potential of anti-corruption expertise of normative legal acts and their drafts within the anti-corruption mechanism is obviously underestimated.

Keywords: expertise, report, expert, service, function, performance, the Ministry of Justice, corruption, requirement, factor, risk, administration.

DOI: 10.7256/2454-0595.2015.8.15892

Abstract: The article presents the information, important from the viewpoint of administrative juvenile delinquency. The object of the research is deviant behavior of minor offenders and juveniles inclined to committing offences. The subject of the research is a range of social and psychological peculiarities of a personality and individual psychological traits of character (accentuations), the structure of which determines the moral regulation of behavior, the value orientations of the personality of a juvenile and the peculiarities of its deviant behavior. The paper shows that in a socio-psychological relation deviant behavior of juveniles is a very important problem. Deviant behavior is typical for most of minors and is considered by many researchers as an age-specific norm of behavior. On the other hand, deviant behavior causes a risk of the development of socio-abnormal deformations of a person when deviant behavior is dangerous for other people. The extreme variant of it is a delinquent, i.e. unlawful behavior of minors committing crimes of different weight. 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 studies (the statistical methods, expert assessments, etc.). At present juvenile delinquency is characterized by impudence, cynicism and the absence of moral regulations of behavior. The dynamics of structural, motivational and other characteristics of juvenile delinquency, which are important in a socio-psychological relation, proves the need to use more actively the measures of social control as a normative regulator of behavior and personal goal-setting of minor offenders.

Keywords: behavioral responses, psychological consulting, patriotic education, youth, Moscow area, higher education, cluster, delict, prevention, crime

DOI: 10.7256/2454-0595.2015.8.66797

Keywords: behavioral responses, psychological consulting, patriotic education, youth, Moscow area, higher education, cluster, delict, prevention, crime

DOI: 10.7256/2454-0595.2013.9.9488

DOI: 10.7256/2454-0595.2013.9.63194

Abstract: The article includes analysis of the role of legislation on public purchases in the sphere of state purchase of services provided by states. In the opinion of the author, the legislation on public purchases, which is aimed for state regulation in the economic sector, may not perform its function in the sphere of purchase of state services. In cases, when state services are purchased by state customers, its goals are being achieved by other normative legal acts, therefore, its regulating function is absent in such situation. Much attention is paid to the analysis of the legal relations arising out of provision of state service, their nature usually excluding contractual regulation. Based upon the analysis the author makes a conclusion that it is not necessary and in some cases not possible to regulate purchases of state services by state customers under the legislation of public purchases. The practical value of the article is due to its aim to improve the existing legislation on the orders for the state needs.

Keywords: state management, use of budget funds, public purchases, public order, competition, state contract, state service, state government body, state fee, administrative regulation.

DOI: 10.7256/2454-0595.2015.9.16027

Abstract: The subject of the article is the range of problems of municipal law-making in the Russian reality. The author analyzes and reveals the concepts “municipal law-making” and “municipal law-making process” and the stages of municipal law-making process. The author ascertains the lack of unanimity of views about the content of municipal law-making process in scientific and educational literature on jurisprudence. Having studied the positions of scientists in this sphere, the author comes to the conclusion about impermissibility of merging of key concepts in this sphere of knowledge. The author studies the essence of municipal legal acts and characterizes them. The study is based on the methods of analysis, synthesis, logic and dialectics. The article demonstrates the author’s understanding of the concept of “municipal law-making process”, argues the necessity of its inclusion in the Federal Law of October 6, 2003 № 131-FZ. The author substantiates the idea that control over implementation, and also abrogation or suspension of municipal legal acts cannot be fully identified as the stages of municipal law-making process. The author offers the ways of improvement of the concept “municipal normative legal act”.

Keywords: stages of law-making process, rule-making, local government, municipal legal act, municipal regulatory process, Municipal law-making process, municipal law-making, promulgation, law-making, subjects of law-making process

DOI: 10.7256/2454-0595.2015.9.66879

DOI: 10.7256/2454-0595.2014.9.12418

DOI: 10.7256/2454-0595.2014.9.65447

Abstract: The article involves the study of theoretical legal problem involving the correlation between the terms \"administrative supervision\" and \"police supervision\". The author provides comparative analysis of modern and pre-Revolution legislation on administrative supervision. The author bases her conclusions upon the opinions of authoritative scientists of both modern and the pre-Revolution periods regarding the issues of efficient organization of legal means of state influence upon potentially dangerous persons posing a terrorist threat to the society. Substantiating the theses expressed in the article, the author provides information on the modern situation in Russia concerning terrorism. These and many other types of data outside the scope of this article prove the objective need to form more efficient mechanisms capable of doing more than just dealing with the tragic consequences of terrorist acts, preventing them and successful implementing prophylactic activities. The methodological basis for the work was formed with the method of comparative legal studies of the pre-Revolution legislation of Russia regulating various forms of administrative and police supervision, as well as modern normative legal regulation of administrative supervision in the Russian Federation. The scientific novelty is due to holding the study without any ideological bias. Based upon the study of legislation, by-laws and newly introduced in the scientific turnover archive sources the author provides a detailed study of the activities of the state bodies and officials of the pre-Revolution Russia regarding fighting terrorism. The author for the first time attempts to extrapolate the pre-Revolution experience of efficiently fight of the state against terrorism and the modern Russian political and legal reality with due consideration to the specificities of the current time.

Keywords: administrative control, administrative supervision, public police supervision, secret supervision, police law, limited control, administrative procedures, executive power, public administration.

DOI: 10.7256/2454-0595.2014.9.12856

DOI: 10.7256/2454-0595.2014.9.65448

Abstract: The article is devoted to the topical issues of the object of proof and application of evidence in administrative offence cases in the sphere of customs in the condition of formation and functioning of the Customs Union. The author studies the legal foundations, definition, types and specific features of evidence, their role in the administrative jurisdiction process of the customs bodies, procedural regulation and means of their improvement. Currently due to formation and functioning of the Customs Union within the framework of the EurAsEC there is an ongoing liberation of administrative and customs legislation. However, law-enforcement function is still is one of the foremost important directions in the activities of the Russian customs bodies. Its constituent part is fighting the administrative offences in the sphere of customs. It should be noted that in the period, which was studied by the author, the amount of violation of customs rules is large and it tends to grow. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). Successful achievement of goals in the sphere of administrative offences cases (namely, timely, comprehensive and objective establishment of circumstances in every case, ruling on every case in strict compliance with the legislation, guaranteeing enforcement of every decision made, revealing the reasons and conditions causing administrative offences, prevention of offences) is to a great extent predefined with having a clear idea on the object of this activity – the object of proof and use of evidence in these cases.

Keywords: customs, Union, offence, responsibility, elements of an offence, punishment, regulation, principle, proof, evidence.

DOI: 10.7256/2454-0595.2016.12.19109

Abstract: The article considers the issues of normative regulation of municipal land control; the author reveals the contradictions of federal and regional legislation. The imperfection of federal legislation gives rise to the variety of ways of legal regulation both on regional and municipal levels. Consequently, the authority to carry out municipal land control can be given to local, municipal and village officials. Thus, legal grounds of control authorities of these bodies have their own specificities. Therefore, there exist certain peculiarities of organization and implementation of prosecutor’s supervision over the observance of laws on the protection of entrepreneurs’ rights by municipal supervisory bodies. The research methodology is based on the general scientific dialectical method; the author applies the system-structural and logical analysis, studies the results of practical work. The analysis of the published works shows that the issues of prosecutor’s supervision over the observance of entrepreneurs’ rights by municipal supervisory bodies with account of the peculiarities of the changes of the legislative regulation haven’t been considered so far. The author concludes about the necessity to resolve the detected contradictions on the legislative level. In the context of the current statutory instruments, the subject of prosecutor’s supervision should include the issues of legality of local bodies endowing with supervisory authorities, thus predetermining the peculiarities of prosecutor’s supervision organization and implementation.

Keywords: economic agent, land control, contradictions in legislation, authorities, supervision subject, supervision organization, municipal control, protection of entrepreneurs' rights, prosecutor's supervision, prosecutor

DOI: 10.7256/2454-0595.2016.12.68522

Keywords: economic agent, land control, contradictions in legislation, authorities, supervision subject, supervision organization, municipal control, prosecutor

DOI: 10.7256/2454-0595.2013.10.9673

DOI: 10.7256/2454-0595.2013.10.63353

Abstract: It is noted in the article that theoretical developments allow to draw a conclusion that based on their functional purpose prohibitions may be used for prevention and suppression of offences in various spheres of administrative legal regulation, as well as for information capacities. Moreover, generalization of a number of points of view on legal prohibition within the mechanism of legal regulation of social relations in the sphere of administrative legal situations allows to point out that in various branches of law prohibition carry out different social functions. The common feature of all the legal prohibition is that they limit antisocial or unlawful behavior. Protective function of administrative legal prohibitions is due to the social need to protect interests of persons, society and state from undesirable acts. This function is implemented by legal liability for the prohibited acts. While recognizing a significant role of administrative legal prohibitions in the sphere of protecting law and order, one should take into account their realistic capabilities.

Keywords: means, methods, prohibition, permission, right, law, norms, influence, control, regulation.

DOI: 10.7256/2454-0595.2014.10.12097

DOI: 10.7256/2454-0595.2014.10.65556

Abstract: The author of this article analyzes the topical problems regarding the choice of efficient methods for managing municipal property in Russia. The article reveals the main benefits of the various means of municipal administration, such as direct management, contract system, rent system, municipal concession. The author also discusses the main defects of the privatization of municipal property. The author substantiates the use of organizational, legal, economic and financial methods for managing municipal property. The author also compares the terms \"operative control\" and “economic control” in the activities of municipal unitary enterprises. The article involved the following scientific research methods: analytic method, formal logical method, method of comparison, method of generalization. The conclusion is that whatever the form of management is chosen by the municipal self-administration bodies, they should try to retain maximum manageability of property in their territories, however, one should not artificially preserve inefficient municipal property. When choosing the method for property administration one should take into account specificity of various branches of economy. It is also necessary that the measures regarding municipal property management are interrelated in the terms of their application and in respect to the resources involved. Once these conditions are satisfied, efficient management of municipal property can be achieved, and it shall facilitate both higher income from municipal property and social economic development of a municipal entity.

Keywords: municipal administration, municipal property, title to property, privatization, rent system, municipal concession, municipal economy, municipal enterprise, operative control, economic control.

DOI: 10.7256/2454-0595.2013.11.63397

Abstract: The article concerns state property as state administration object under the Ukrainian legislation. The goal of the article is to study state property as an object for state administration and to develop a scientific definition of such administration. The author studies the terms, characterizing the administration in question, as well as a definition of state administration in the Ukrainian legislation and scholarly literature. In particular, the author raises the issue of what an object of state administration is, whether it is state ownership or state property. As a result of the study, the author formulates a definition for state property administration as a norm-making and organizational/ management activities of the state executive bodies and other competent subjects taken in order to have government administrative influence upon the social relations regarding ownership, use and disposal of property belonging to the state (state property objects). The author provides the reasons for use of this definition in science. In the opinion of the author the object of state administration is state property, which is regarded as social relations on state ownership of certain proprietary objects.

Keywords: state ownership, state property, administration of state property, organizational/management activities; administration acts; goals of state administration; competence

DOI: 10.7256/2454-0595.2015.11.15242

Abstract: The subject of the research is the range of legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic conditions. The author analyzes the concept of banking from the position of administrative and legal regulation of banking in Russia. The article presents the author’s positions on the concept of banking. The main attention is paid to the development of methods of administrative and legal impact on the subjects of banking. The author analyzes the concepts of the control and supervisory activity as a form of banking administration by the Bank of Russia. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical) and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present to provide legality in the bank sphere it is necessary to improve the forms and methods of administrative and legal impact of the Central Bank of the Russian Federation on commercial banks and other credit organizations. The main contribution of the author is the statement about the necessity to develop banking law in its public component. The novelty of the paper lies in the proposals about the development of forms and methods of the control and supervisory activity of the Bank of Russia, and the creation of legal and organizational guarantees of legality in the banking system of the country.

Keywords: The Bank, regulation, money, banknotes, impact, finances, control, banking, coercion, responsibility

DOI: 10.7256/2454-0595.2015.11.67083

Keywords: coercion, banking, control, finance, impact, banknotes, money, regulation, Bank, responsibility

DOI: 10.7256/2454-0595.2015.11.15329

Abstract: The article is devoted to the study of the procedure of obtaining of a work patent for a foreign national, its differences from a work permit, and certain problems of the transitional period. The author considers the issues of preparation, the procedure of obtaining of the Russian language certificate, the restrictions for foreign nationals employment under a patent, the differences between a work patent and a work permit; the author studies the new terminology in the sphere of labour migration presented in the Labour Code of the Russian Federation and the Federal Law No 115 “On the legal status of foreign citizens in the Russian Federation” of 25.07.2002. The author applies comparative analysis and studies the empirical and analytical materials provided by law enforcers. On January 1, 2015 the amendments to the Federal Law No 115 came into force, which had been adopted by the Federal Law No 357 “On the amendments to the Federal Law “On the legal status of foreign citizens in the Russian Federation” and certain legal acts of the Russian Federation” of 24.11.2014. Since January 1, 2015 the citizens of visa-free countries can work in the Russian Federation under the patents issued by the Federal Migration Service of the Russian Federation.

Keywords: foreign citizen, patent for a work permit, work permit, procedure for obtaining, certificate on knowledge, restrictions, employment of foreign citizens, the differences between, necessary documents, failure to meet a date

DOI: 10.7256/2454-0595.2015.11.67084

Keywords: necessary documents, differences between, employment of foreign citizens, restrictions, certificate, procedure of obtaining, work permit, work patent, foreign citizen, breach of the period

DOI: 10.7256/2454-0595.2015.11.16870

Abstract: The author considers the topical problems of improvement of government control mechanism in the Russian Federation in the light of the public discussion over the draft law “On the grounds of government and municipal control (supervision) in the Russian Federation”, submitted by the Ministry of Economic Development. The object of the research is government control and its forms. The author considers the problem of differentiation of the notions “control” and “supervision”. Special attention is paid to the accentuation of independent organizational-legal forms of government control. The article is aimed at the theoretical and practical systematization of the control function of public administration. The methodology of the research comprises the general scientific and special methods. The author applies the systems analysis and the moving from abstract to concrete. The author also uses the comparative-legal, the formal-legal, the system-structural and some other methods. The author develops the original approach to the systematization of government control activity, introduces the notion of organizational-legal forms of government control activity. In the author’s opinion, the system of integrated government control includes two main directions of its application: control over the quality of public administration execution by the authorities (parliamentary control, presidential control, judicial control, ombudsmen control, and internal control of executive bodies); supervision of economical activity of private entities in various material spheres of life (administrative supervision). Within these areas government control activity exists in institutionally isolated organizational legal forms, created through a unique combination of the subjects of control and their methods. Thus, the author offers the criteria for the legal differentiation of the notions “control” and “supervision”, and comes to the conclusion about the necessity to adopt a special federal law “On the system of government control in the Russian Federation” and the Code of Administrative Supervision.

DOI: 10.7256/2454-0595.2015.11.67085

Keywords: government control, government supervision, forms of control, forms of supervision, government control system, government control activity, supervisory activities of the State, public administration, functions of public administration, subjects of government control

DOI: 10.7256/2454-0595.2014.11.12500

DOI: 10.7256/2454-0595.2014.11.65676

Abstract: The diversity of the forms of social relations which were created by Russia’s transition to the free economic development path, has mediated the requirement to study their structures, identify their systematic nature, explore the elements, methods and means by which they are regulated by the government. In this article, the author considers the legal structures of implementing the relationships in establishing non-economic prohibitions and restrictions in customs relationship at law, identifies the elements of such relationship, proposes for a scientific discussion the definition of the legal structure for implementing the relationship in establishing non-economic prohibitions and restrictions in customs relationship at law, considers some practical examples. On the basis of the legal structure of establishing non-economic prohibitions and restrictions in customs relationship at law that was identified and its elements, the author attempts to build a model of the social relations which are formed in customs relationship at law when goods or vehicles cross the customs border of the Customs Union. Methodological basic is made up from: dialectical method of cognition, fundamentals of philosophy and theory of law which helped to describe the specific feature, essence, internal connection and identify the inconsistencies between the two legal categories: “prohibitions” and “restrictions”, their integrity and systematic nature, and which provided the pre-requisites for identifying the problems and formation of one’s own understanding and idea of the categories under study. The articles draws the conclusion that the legal structure of establishing non-economic prohibitions and restrictions in customs relationship at law is a means to model the social relations in foreign economic operations. It was established that the foundation of the legal structure of implementing the legal prohibitions and restrictions in the customs sphere is made up of the three key elements: international, cross-national and national rules and principles; rules of law establishing the rights and duties of participants of foreign economic operations; rules of law and means (mechanism) of coercion by the state procuring the due behavior of all the participants of foreign economic operations and the rules ensuring responsibility for any violation of any rules.