Administrative and municipal law - rubric Administrative law, municipal law and security

Abstract: the article provided is quite topical nowadays, and it is due to a number of issues. First of all, the existing administrative legislation, which established the competence of the border guard bodies has certain shortcomings. Secondly, ,the growing number of threats to the national interests in the marine borderline territory are mostly related not to armed force attacks, but rather to the trans-border organized crime. Thirdly, the administrative reform in the Russian Federation lead to destruction of the of the body responsible for the marine borders. Fourthly, the formation of the new units within the new structure means continuing reform. The article is devoted to the problems of realization of powers of the board guards, and possible ways to overcome difficulties.

Keywords: zashchita informatsii, taina, kriptografiya, shifrovanie, informatsionnoe vzaimodeistvie.

Abstract: the article includes the review of the content and nature of the legal regulation of information, use of electronic digital signature. The author also analyses the foreign experience with the digital signature, stages of legal regulation of electronic digital signature in financial and tax relations.

Keywords: digital signature, information security, protection of information, secret, cryptography, level of protection of information, encryption, information cooperation.

DOI: 10.7256/2454-0595.2014.1.10504

DOI: 10.7256/2454-0595.2014.1.63941

Abstract: The object of studies in this article is the concept of the existing legal regime for the weapons turnover in Ukraine. The authors provide evidence that any legal regime is synthesized with three legal means: permission, prohibition and positive obligation. The legal regime for weapons turnover is characterized by the authors as a permissive legal regulation type. The existing situation allows one to speak of a constructive model of a legal regime. The legal framework of the weapons turnover regime includes a large portion of positive obligations, as well as specialized and absolute prohibitions, which presupposes highly intensive legal regulation of this sphere of social relations. The authors used a systemic structural method in order to establish the combination of elements comprising “legal regime “as a complex matter, and a comparative legal method for the analysis of legal norms forming the “legal regime for weapons turnover”. As a conclusion the authors offers a novel three-element interpretation of the logic used for the formation of the legal regime for weapons turnover in a democratic state. Firstly, there is a basic general permission. Secondly, there is an exception from a general rule providing for a prohibition for the free turnover of weapons in the society. This prohibition is supported by a first absolute prohibition (criminal responsibility for the illegal turnover of weapons). Thirdly, there is a special exception from the general prohibition for permitting to carry weapons. This special permission is burdened with the positive obligations (the rules of legal turnover of weapons). Not following these rules falls under the second absolute prohibition (administrative responsibility for violation of the rules for turnover of weapons).

Keywords: legal regime, general permission, general prohibition, positive obligation, type of legal regulation, general permissive order, permissive order, constructive model, weapons, turnover of weapons.

DOI: 10.7256/2454-0595.2018.5.26054

Abstract: The aim of this research is to analyze federal laws, regulatory and local acts of Emercom of Russia that regulate organization and performance of control (supervisory) activity of state fire supervision of Emercom of Russia aimed at prevention, detection and restraint of violations of requirements set forth by the Russian Federation fire protection law. The target of the research is to carry out a theoretical legal analysis of different means of law and state discipline enforcement applied by a designated federal authority. In the course of his research Antipov has applied methods of theoretical and comparative law analysis. The novelty of the research is caused by the fact that the author carries out a theoretical legal analysis of the process of law and state discipline enforcement performed by state fire supervision of Emercom of Russia as part of state control, state supervision and state control supervisory activity. As a result of his research, Antipov concludes that current activity of state fire supervision of Emercom of Russia is performed through control supervisory means but not only supervisory means of law and state discipline enforcement. Consequently, the authority itself is a control supervisory one. Theoretical provisions and practical recommendations offered by the author of this article may contribute to the development of administrative law and science and used for the purpose of improving the legal basis that regulates organization and performance of state fire supervision by Emercom of Russia.

Keywords: federal fire service, fire safety, Emercom of Russia, state fire supervision, control and supervising activity, state supervision, state control, discipline, legality, Organizational and legal ways

DOI: 10.7256/2454-0595.2019.2.29241

Abstract: The subject of the research is the legal regulation of road safety in the Russian Federation at the present stage. The object of the research is public relations arising in the field of road safety. Special attention is paid to the changes in the legislation of the Russian Federation in the field of road traffic over the past five years as well as the prospects for improving legal regulation in this area to achieve the indicators laid down in the Road Safety Strategy in the Russian Federation for 2018-2024. The methodological basis of the research includes general and special research methods, in particular, analysis, formal legal method, statistical method, and logical method. The author comes to the conclusion that in order to preserve the existing dynamics of mortality reduction in road traffic, it is necessary to develop and apply new approaches to improving road safety. Achievement of this goal should be carried out at the expense of material and technical re-equipment of control and supervisory bodies and emergency services, development of information technologies, equipping health care organizations with sanitary transport, advocacy and educational work including among minor participants in the movement and their parents.

Keywords: driver's license, Traffic Laws, accident rate, National project, Strategy, vehicle, driver, traffic accident, Road safety, Traffic police

Abstract: The author of the article carries out an analysis of modern state of legality in the sphere of fire safety. The article describes the results of the most recent prosecutor’s inspections and violations of fire safety regulations committed by regulatory and local self-government bodies. The author also provides examples from the practice of prosecutor’s supervision over abeyance of fire safety regulations including those related to the legality of acts, protection of rights of business entities, administrative offences and undertaken measures of prosecutor’s response.

Keywords: fire, safety, prosecutor, priorities, supervision, directions, violation, legality, administrative responsibility.

DOI: 10.7256/2454-0595.2013.1.62050

Abstract: Based on the analysis of the active legislation, the author describes public prosecutor’s powers to coordinate administrative proceedings at officials performing certain state functions. According to the author, these powers perform the function of administrative prosecution even though the latter hasn’t been officially fixed in a law or a description of prosecutor’s functions. Special attention is paid at gaps in legal regulation of the aforesaid procedure.

Keywords: prosecution agencies, prosecutor’s function, prosecutor, prosecutor’s powers, administrative proceedings, officials.

DOI: 10.7256/2454-0595.2022.3.38509

Abstract: Effective provision of anti-terrorist security of modern Russian society is impossible without knowledge of the legal regulation ensuring such security in other states, especially neighboring "friendly" ones - this hinders the effectiveness of interaction within the framework of international cooperation. It should be noted that this issue is particularly relevant today due to the active military confrontation of the Russian Federation with "unfriendly" states on the territory of Ukraine. In our opinion, the legislative and practical activities of the Chinese authorities can be useful for extrapolating to Russian security problems, especially due to the fact that China is classified as a country with a low level of terrorism, while the Russian Federation is among the countries with an average level of terrorist activity. The article makes a legal analysis of the state regulation of anti-terrorist security of the People's Republic of China. The object of the study is social relations arising in the process of state regulation of counter-terrorism in China. The subject of the study is the legal acts of the People's Republic of China of anti-terrorist orientation. The purpose of the study is identification of useful and effective practices of countering the ideology of terrorism in China for the possibility of subsequent implementation into the legal framework of Russian legislation. The method of comparative law, the method of analysis and synthesis are employed by the author. The author studied China's legislation on countering terrorism and came to conclusion about the need to adopt its positive experience in Russia. It is necessary to consider the possibility of creating your own social networks, analogues of foreign ones, it is also worth adopting the experience of creating educational centers for people affected by extremism and terrorism. In order to ensure the rights of citizens in cyberspace and the fight against terrorism, it is possible to use China's experience with user verification when logging on to the Internet.

Keywords: crime, Russia, China people's Republic, safety, Xinjiang, uighurs, law, extremism, terrorism, China

DOI: 10.7256/2454-0595.2013.1.62051

Abstract: Based on the analysis of laws and legal acts created at the end of XIX – beginning of XX century and constituting the Complete collection of laws of the Russian empire, the author describes the mechanism of legal regulation of trading mineral oil or its products in compliance with the fire protection and fire safety standards. The author shows that this mechanism is aimed at creation the fire prevention systems at production sites while market operators did not have a task to ensure fire protection of oil products.

Keywords: safety (protection), fire, oil, mineral oil, trade, storage, warehouse, prohibition, responsibility.

DOI: 10.7256/2454-0595.2021.1.34152

Abstract: The subject of this research is the international and Russian normative legal acts aimed to ensure unavoidability of liability for violators of the Road Traffic Rules of the Russian Federation, namely the drivers of vehicles registered in foreign countries. The object of this research is the administrative legal relations that arise in the course of proceedings in such cases. The article traces the correlation between the increase in violations of the road traffic rules and consequences of the traffic accidents caused by such drivers; as well as the reason for lack of evidence required by the Main Directorate for Traffic Safety to hold the responsible to account. The article explores the questions of interaction between the Main Directorate for Traffic Safety of the Ministry of Internal Affairs of Russia and other state departments in order to eliminate the flaws in organization of the work on ensuring unavoidability of liability by drivers of vehicles registered in foreign countries. The conclusion is made on the need to form a unified database on owners of motor vehicles registered in foreign countries and individuals bringing them into the Russian Federation, determine the federal department of executive branch and delegation of power thereto for ensuring that individuals crossing the border of the Russian Federation adhere to these administrative laws, as well as introducing amendments into the legislation of the Russian Federation on restricting the right of foreign citizens to cross the state borders of the Russian Federation if failed to pay an administrative penalty. The author also underlines the need for the development of international agreements between the Russian Federation and foreign countries on the mutual recognition and liability for traffic violations recorded by automated monitoring systems.

Keywords: Disgust of punishments, Traffic rules, Administrative liability, Responsibility of foreign citizens, police, Improving police activities, Customs Union of Customs, Vehicle, Crossing the state border, import of vehicle

Abstract: The article analyzes the decisions of the European Parliament and Council in the sphere of energy consumption and energy efficiency based on concrete examples of production termination of incandescent lamps and improvement of utilization of biological wastes in order to get more energy. The author explains a number of terms which lie in the basis of international and national laws on energy and traces back positive effects of implementation of new technologies in the sphere of production and utilization of energy for the environment.

Keywords: international law, biomass, directive, lamps, lights, waste products, environmental studies, energy consumption, energy efficiency, trades.

Abstract: The author of the article analyzes opinions expressed both in law and legal literature concerning the threat to public safety. The author also provides her own definitions of the threats to public safety. The author of the article also stresses out that at the present time there is a cetain need not only in developing methodological grounds for studying threats to public safety but also specifying the causes of such threats and conceptual approaches to formation of evaluation of threats to public safety. Moreover, as many authors say, the public safety is aimed not only at defending interests but also in decreasing, preventing or eliminating threats and dangers.

Keywords: safety, security, threat, danger, society, conditions, factors, causes, risk, catastrophe, police, factor.

DOI: 10.7256/2454-0595.2017.2.20766

Abstract: The research object is transport safety. Transport safety is the social relations system in the sphere of personal and public safety and national security provision in the field of use of various types of transport, and the protection of transport and transport infrastructure from unlawful interference. The formation of the transport safety regime should be based on general and specific administrative mechanisms implemented for the purpose of achievement of the necessary security level of the transport complex by different public authorities within their competence. The research methodology is based on the dialectical theory and the related general scientific and specific research methods, including the system, formal-logical (deduction, induction, analysis, synthesis, comparison, etc.), structural-functional, comparative-legal, etc. The author analyzes the condition of transport safety in the Russian Federation; demonstrates the role of the government in the sphere of functioning and development of the transport system of Russia; reveals the problems of incompatibility of the transport system of the Russian Federation with socio-economic development needs: 1) technical state of vehicles and transport infrastructure objects; 2) breach of rules of the road and transport exploitation rules by vehicles’ operators; 3) external interference into transport objects operation; 4) ineffective control over the work of transport and transport infrastructure; 5) insufficient training of the personnel responsible for transport operation; 6) undue administrative action upon the detection of breaches in the sphere of transport and the transport complex exploitation; 7) insufficient coordination and interaction between governing institutions in the sphere of transport safety provision; 8) bad quality of road pavement and insufficient road infrastructure development; 9) commercialization of transport and decentralization of management in the sphere of the transport complex operation; 10) anti-terrorist security (protection); 11) technogenic safety; 12) natural disasters management and prevention; 13) protection from crimes and administrative delicts. All the mentioned circumstances cause threats to transport safety and to personal and social safety and national security. The scientific novelty consists in the proposals of measures for transport safety provision: 1) development of special administrative mechanisms; 2) formation of specialized structures responsible for transport safety provision; 3) formation of a special legal regime of use of various types of transport. Each of the mentioned measures and all of as a whole should be used within the transport safety provision mechanism.

Keywords: public authorities, technical means, administrative regulation, police, transport infrastructure, social relations, safety, transport, administrative regulation, act of unlawful interference

Abstract: the article is devoted to the peculiarities of legal regulation and usage of domain names. The author shows the role and significance of domain names in modern administrative and information laws.

Keywords: information, Internet, information protection, security, domain name, electronic digital signature, e-Government, information support

Abstract: The article studies such a legal ad social category as ‘interest’. This category is viewed in respect to the problem of provision of security of a person, society and state institution. Based on that, the author makes conclusions on how to improve various kinds of social security.

Keywords: category, interest, security, Europe, state institution, national, occurrence, subject, status, sphere.

Abstract: the article views the norms of administrative law regulating the rules of information security and information protection as well as the mechanism of administrative and legal enforcement of information security in the Russian Federation.

Keywords: information environment, information, information protection, information resources, information security, norms of administrative law, social security, free access to information, means of information security, development of informatization processes

Abstract: The article studies the legal and organizational issues of enforcement of transport security. At the present time transport is a large portion of world economy. Based on Organization for Economic Cooperation and Development experts, by 2030 the world transport infrastructure needs in investment, including aero and sea ports, rail roads as well as pipe lines, will reach 11 3 trillion dollars. Thus, there is a certain need in creating a transport infrastructure.

Keywords: transport, passenger, attack, technology, information, security, virus, infra-structure, investment, cargo turn-over.

Abstract: Effective functioning of the security system requires a definite list of objects that have to be secured. A number of regulatory acts of the RF describe only the level of national security to be ensured and a general list of objects to be secured: personality, society and state institution. However, this list is rather incomplete and unclear. The author of the article suggests the following list of security objects: physical entities, organizations, RF, RF constituents and municipal units.

Keywords: security, national, information, objects, interests, personality, society, state institution, organization

Abstract: The author of the article particularly defined what national security means. The author also revealed the term ‘information security’ and described the management mechanism of ensuring information security and information protection.

Keywords: information, security, information security, information protection, mechanism, access to information, public information, state policy, national security, doctrine of information security

DOI: 10.7256/2454-0595.2022.4.39217

Abstract: The article is devoted to the study of the features of the legal regulation of the Institute of territorial defense at certain stages of the historical development of Russia. The object of the study is a comparison of conceptual approaches to determining the content of territorial defense, its organization and functioning. The subject of the study is a system of legal sources that, in certain historical periods, establish requirements for the organization, deployment and conduct of territorial defense, regulating the functions of military administration bodies, state authorities and local self-government bodies in the field of territorial defense. The scientific novelty of the presented work consists in the preparation of a comprehensive analysis of the nature of changes in views and approaches to the organization of territorial defense, the study of the evolution of the legal understanding of the institute of territorial defense, reflected in scientific works, based on the results of a comparison of documents of the military administration of the Soviet state and modern Russia. The solution of research tasks was made possible through the use of an appropriate system of methods, the basis of which is comparative legal, historical-legal and other methods of scientific cognition. Based on the analysis of the sources of military legislation, the author comes to the conclusion that in various historical conditions, the organizational and functional content of territorial defense differed, this differentiation was reflected in the legal documents of the military administration bodies.

Keywords: ensuring security, the device of territorial defense, military organization, military administration, armed defense of the State, military position, defense, territorial defense, military doctrine, history of legal regulation

Abstract: The article points out the lack of necessary coordination of events related to administrative reform at the federal and regional levels; activity performed by the federal executive authorities aimed at introduction of systems of information technology support of administrative processes; activity performed by the federal executive authorities and executive authorities of the Russian Federation constituents. As for interaction, emphasis is made on: raise of efficiency of interaction between executive authorities and civil society as well as further clarification of activity performed by executive authorities; organization of interaction between federal executive authorities,, executive authorities of the Russian Federation constituents and local self-government authorities; and inter-agency information interaction between executive authorities.

Keywords: management, interaction, agency, power, reform, administrative, coordination, security, executive, activity.

DOI: 10.7256/2454-0595.2021.3.35319

Abstract: The subject of this research is the system of legal relations in area of ensuring road safety in terms of operation of highly automated vehicles on public roads. The object of this research is social relations arising in the context of operation of highly automated vehicles traffic on public roads. The goal of this article consists in examination of the normative legal framework that regulates the peculiarities of operation of highly automated vehicles, as well as in development of recommendations for improving the normative legal framework. The author explores the issues of normative legal regulation of operation of highly automated vehicles on public roads. Special attention is given to the current issues of legal nature. The novelty is defined by the need to improve legal mechanism for the operation of highly automated vehicles on public roads. The author identifies the problems and offers solution on enhancing road safety in terms of operation of highly automated vehicles on public roads for protecting the road users. The conclusion is made on the need to revise the normative legal acts in the area of ensuring road safety for the purpose of achieving a positive result from implementation of highly automated vehicles into road traffic. The acquired results can be used in the legislative activity of government authorities, law enforcement practice, educational process of the educational institutions, scientific research of the experts on ensuring road safety, improvement of the branches of the Russian legal system.

Keywords: self-driving vehicles, road user, security, highly automated vehicle, public relations, traffic accident, road traffic, the human factor, experiment, operation

DOI: 10.7256/2454-0595.2024.1.69496

Abstract: The work is devoted to the study of the issue of ensuring the safety of entrepreneurial activity in the context of acute sanctions policies. Why the concept of an acute sanctions policy has been studied. Using historical and legal methods, cases of the application of economic and political sanctions between states in ancient times have been identified. The number of sanctions imposed on the Russian Federation after the events of February 2022 is given. Further, the author's concepts are given in the work: the safety of entrepreneurial activity in the conditions under consideration, ensuring the safety of entrepreneurial activity in a narrow and broad sense. This allows us to take a fresh look at the issue under study, the classification of economic and political sanctions is given. Legal phenomena such as legitimate and non-legitimate sanctions, which are used by various countries, are revealed. By the security of business activity, we mean the following: - the state of the business, formed from a set of constantly performed joint actions of employees of the company, its managers or owners, different in content and direction; - organization and orderly functioning of existing business processes, their protection; - the formation of a planned, progressive movement, goal-oriented development carried out within the framework of a short-term, medium-term and long-term business development strategy; - these actions are aimed at meeting the needs of society in order to systematically generate business profits regardless of internal and external challenges (threats). Ensuring the safety of entrepreneurial activity is impossible without ensuring the security of the state, ensuring the security of the state is impossible without ensuring the safety of entrepreneurial activity.

Keywords: administrative and legal security, acute sanctions policy, political sanctions, economic sanctions, sanctions, legitimate sanctions, UN Security Council, security of business activity, ensuring the safety, sovereignity

DOI: 10.7256/2454-0595.2023.4.43672

Abstract: Legal analysis of inland waterway transport security and transport safety is of theoretical and practical importance. The following issues are relevant: uniform interpretation of the terms used in the Russian legislation what concerns ensuring security, in general, and transport industry, in particular; systematizing multiple entities aimed at providing and participating in the protection and defence of river transport facilities and infrastructure; improving preventive mechanism of protection from unlawful interference acts. The growth of accident rate entails the need to refine the current administrative law mechanism. The research goal is an attempt to work out proposals aimed at improving protection effectiveness of river traffic of passengers and hazardous goods. The objectives of the research are to conduct a legal analysis of the legal framework designed to ensure the safety of inland waterways and transport safety on inland water transport; to systematize a variety of definitions used while regulating safety issues. Based on the analysis, the author singled out the following types of inland waterway transport security: navigation security, and security of inland waterways and their infrastructure. The fact there are no legal norms regulating transport security in the Inland Water Transport Code of the Russian Federation testifies to the lack of both comprehensive security and the stipulated legal mechanism that can be used to protect this type of transport from various types of threats, including acts of unlawful interference. In order to boost the security of vessels and river ports, the author suggests to add the transport security passport of a ship to the documented system of measures used to manage ship security; to review the mandatory requirements established to ensure the safety and transport security of vessels in order for such demands not to overlap and not to impose unreasonable burden on business entities; to compare control and supervision activities on inland water transport by objects of protection in terms of navigable hydraulic structures.

Keywords: administrative-legal mechanism, transport complex, state regulation, administrative legislation, acts of unlawful interference, security on transport, national security, transportation security system, transportation security, inland water transport

Abstract: The article is devoted to the problems of changing state boundary by means of reducing and enlarging the state territory. The author notes that it is natural for a state to keep its boundary unchanged and to follow a stable regime. It creates certain guarantees for the state security and help to prevent territorial arguments and conflicts as well as to develop cooperation with other states. At the same time territorial arguments do exist and are often used for interference with the other country’s business. Special attention is paid at the fact that at the present time the process of legal establishing of certain parts of State Boundary of the Russian Federation is not completed and territorial problems still occur. The author describes the territories of the Russian Federation that raise most disputes. Answering the question about state territory, as the legal grounds for such changes the author views the sovereign expression of will by the population of a whole state or only population of the territory as well as agreements between concerned states.

Keywords: state, border, territory, shelf, arguments, agreements, sea, ratification, security.

Abstract: The author of the article analyses the issues of fire safety based on a particular case of a tragic situation in Perm as well as in Russia in general. The author gave concrete examples and analyzed the development trends and the need for certain changes in legislation. Based on experience of other countries, the author suggested particular recommendations on improvement of fire safety in Russia. The author also analyzed legislative acts connected with fire safety.

Keywords: fire, technical regulations, fire safety regulations, fire safety rules, fire works, measures of administrative and criminal enforcement, fire emergency, fire inspector, state fire service

DOI: 10.7256/2454-0595.2023.5.44118

Abstract: The object of the study is the powers of local self-government bodies. The subject of the study is an assessment of the effectiveness of the activities of local self-government bodies both in general and in the field of fire safety in municipalities. In the article, the central place is given to the issues of evaluating the activities of local self-government bodies as elements of the control system for the implementation of the powers assigned to them. The authors consider the legal principles of the organization of local self-government of the legislation of the Russian Federation regulating this subject area. Based on the methods of system analysis, the authors have identified a range of problematic issues that may arise when the supervisory authority evaluates the implementation by local self-government authorities of the ability to organize primary fire safety measures. The analysis of the provisions of the regulatory legal acts of the Russian Federation, which consolidate both the general powers of local self-government bodies and the list of powers in the field of fire safety, is carried out. The scientific research devoted to the assessment of local self-government bodies and improving the efficiency of their work is considered. The main conclusions of the study suggest that the studied materials do not take into account the indicators of ensuring primary fire safety measures, which increases the likelihood of formalization of the results and violations of the mechanism for improving the efficiency of the subjects of legal relations. There is no regulation of the list of measures that make up the implementation of such authority as ensuring primary fire safety measures in the system complex. The novelty of the research is to find a way to solve the problem of evaluating the activities of local governments in the field of fire safety in the territory of the municipality. A special contribution of the authors is the systematization of the powers of local self-government bodies on fire safety, taking into account the nature of the activities carried out, the definition of a list of criteria for evaluating activities, taking into account factors that can influence its provision, the search for methodological approaches to evaluation. The necessity of developing a methodology for assessing local self-government bodies in the field of fire safety is determined.

Keywords: evaluation criteria, evaluation methodology, evaluation of activities, authority, legal entity, municipal entity, fire safety, management monitoring, local self-government bodies, regulatory legal act

Abstract: The article considers legal and organizational problems of using modern information technologies when conducting private detective and security services.

Keywords: security, monitoring, safeguard, information sharing, reaction, signal, guard, operator, satellite communication

DOI: 10.7256/2454-0595.2014.2.10789

DOI: 10.7256/2454-0595.2014.2.63953

Abstract: Topicality of this article is due to the fact that the development of the institution of private detective and security services goes on in a complicated and contradictory environment. The variety of detective and security activities and the development of entrepreneurial activities caused the need for the formation of the market for security and detective services. The demand for the services of private detective and security enterprises is currently rather high. According to the data provided by the information centers of the Ministry of Internal Affairs of the Russian Federation over 23 000 private security enterprises and about 4000 security services are registered, and they work with over 250 000 objects, the total number of employees of private security companies amounts to 740 000 people. They have 119 000 units of firearms, 83 700 pistols. Over 1 000 000 people work for private detective and security companies. The process of studies involved theoretical, general philosophical methods (dialectic, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), as well as the traditional legal methods (formal logic), and the methods used in specific sociological studies (statistical, expert evaluation, etc.). In the process of formation of the rule-of-law state the issue of reliable protection of rights and lawful interests of natural persons and legal entities is especially topical. In the market economy conditions the existing state law-enforcement bodies fail to guarantee necessary level of security for the citizens and entrepreneurial subjects. That is why private detective and security enterprises appeared in mass quantities in 1990s in Russia.

Keywords: police, security, guard, detective, detective work, the Ministry of Internal Affairs, the Department of Internal Affairs, control, permission, system.

DOI: 10.7256/2454-0595.2013.2.62126

Abstract: The author of the article touches upon the issues of adopting a number of legislative measures by the German government after the events happened on September 11, 2001. If properly combined, these measures allow to detect and prevent from legal financial tools being used for the criminal purposes including terrorism.

Keywords: fight against, terrorism, terrorism financing, laundering of money, UN resolution, German legislation, law, bank, beneficiary, fraud, European Union, al-Qaeda.

DOI: 10.7256/2454-0595.2014.3.10730

DOI: 10.7256/2454-0595.2016.3.15967

Abstract: The research subject is the study of the peculiarities of application of the current Russian legislation, which ensures legal protection of road traffic safety by means of legal consolidation of rights and responsibilities of road users, and the responsibilities for their violation. The author pays attention to the peculiarities of regulation of this system of social relations by subordinate regulatory acts; to the judicial practice of application of the current Russian legislation about road traffic safety ensuring, judicial interpretation, explanations of the highest judicial bodies, allowing unifying the practice of solution of cases, providing the most effective protection of rights and freedoms of citizens and legal interests of the society and the state. The research methodology comprises the set of general scientific and specific methods, including the methods of analysis, synthesis, systematization and generalization, and the formal logical method. The author defines the peculiarities of application of the current civil, administrative and criminal legislation, containing legal provisions about ensuring the observance of rules of road traffic safety, imposition of liability for their violation. The results of the research can be used by law enforcement authorities, students, postgraduates, and all interested in the problems of jurisprudence.

Keywords: law, judicial practice, rules of the road, law enforcement activity, human rights, state, society, legal interests, protection of rights, crime prevention, law, court practice, the rules of the road, enforcement, human rights, state, society, legitimate interests, rights protection, fighting crime

DOI: 10.7256/2454-0595.2014.3.64059

Abstract: The article discusses actual historical problems of the legislation of the Russian Empire regarding regulation of the relations in the sphere of trade of toxic and drastic substances in late XIX — early XX centuries. The author shows the formation of the mechanism for the legal regulation, which was aimed to promote the organization of trade, as well as to provide for the due supervision in order to guarantee state security and public welfare. The author reveals existing difficulties and contradictions, analyzes the problems and specific features of implementation of relevant legal rules. The author paid special attention to the problems of legislative regulation of the organization of trade in the azotic acid. Special attention to azotic acid was due to the strengthening of the terrorist activities in the Empire and the use of the azotic acid for making the explosives. Based upon the analysis of normative legal acts provided in the Complete Collection of Laws of the Russian Empire and the norms of the Code of Laws of the Russian Empire, as well as some newly found archive documents, which are being introduced into the scientific turnover for the first time, the author studies the mechanism of the legal regulation in the relevant spheres at all of its stages.

Keywords: poisonous, drastic substances, azotic acid, apothecary, apothecary store, the Code of Laws, rules, trade, sellers, certificate, police, supervision, responsibility, Pharmaceutical Charter.

DOI: 10.7256/2454-0595.2016.3.67516

DOI: 10.7256/2454-0595.2016.3.16012

Abstract: The research subject is safety as an institution of administrative law, and its improvement. The author examines institutional peculiarities, which should be taken into account in the process of changing the legislation and theoretical research. Special attention should be paid to the conceptual grounds, otherwise the safety norms will be useless for the protection of the society, the state and the person. The author pays attention to the problem of combination and substitution of terms, which hampers the creation of a harmonious safety system, since the term always needs to be explained. The article considers the threats, whose transformation should also be reflected in the legislation, and the change of methods of their elimination. The research methodology is based on general scientific methods (deduction, induction, analysis, synthesis) and specific methods (historical and legal, legal-dogmatic, logical, system analysis, and the method of analysis of normative provisions). The author studies the foreign experience in solving such problems. The author concludes that it is necessary to change the concept of safety, embedded in legal regulation; to create the safety system with the definition of the conceptual framework and such concepts as legal condition (safety) and legal relation (safety provision); to legislate the system threats, and to change the approaches to implementing legal regulations.

Keywords: administrative law, administrative law institution, national safety, state management, change of legislation, analysis of legislation, concept of safety, security threats, legal regulation, food security, ADMINISTRATIVE LAW, INSTITUTE OF ADMINISTRATIVE LAW, NATIONAL SECURITY, PUBLIC ADMINISTRATION, legislative change, ANALYSIS OF LEGISLATION, security concept, security threat, LEGAL REGULATION, FOOD SECURITY

DOI: 10.7256/2454-0595.2016.3.67517

DOI: 10.7256/2454-0595.2013.3.62435

Abstract: The article is devoted to certain aspects of a topical issue of institutional fixation of right to social security both in foreign states and Russia. The author of the article underlines the fact that this term hasn’t been legally fixed in legislation systems in many countries.

Keywords: social security, security of constitution, personal security, risk, threat, person, countering actions, state institution, system.

DOI: 10.7256/2454-0595.2013.3.62436

Abstract: The author of the article analyzes the relation between the theory of battle counter actions against extremist and terrorist activities and other sciences of law, in particular, criminal procedural law and administrative law, from the point of view of continuity of scientific knowledge.

Keywords: battle counter actions, extremist and terrorist activity, investigate activity, terrorism, extremism, science, scientific theory, subject mater, criminal procedure, criminal procedure law, criminal proceedings, administrative law.

DOI: 10.7256/2454-0595.2015.3.14494

Abstract: The object of the research is the activity of the state authorities and the local governments of Vladimir region in the creation of legal conditions of public security provision on the municipal territories. On the base of the analysis of the concept of public security the author outlines the various activities of the local bodies and officials in the sphere of public security, as well as the specific actions taken within the various spheres of public security on the municipal territories of Vladimir region. The author analyzes the municipal legal acts regulating the activities of various types of municipalities in the sphere of public safety provision. The solution is based on the dialectical method and the related scientific methods of cognition of legal regulation of relations in the sphere of public safety. The scientific novelty consists in a comprehensive analysis of the legal foundations of the organization and activities of local authorities in the sphere of public safety on the territory of Vladimir region, the revelation of the local governments' activites. The author notes the lack of clearly established responsibilities of the local governments in the sphere of public safety provisioin, the necessary organizational and financial capacities at the local level.

Keywords: provision, crimes, emergencies, extremism, corruption, prevention, local government, public safety, protection, public order

DOI: 10.7256/2454-0595.2015.3.66228

Keywords: provision, crimes, emergencies, extremism, corruption, prevention, local government, public safety, protection, public order

DOI: 10.7256/2454-0595.2013.4.62534

Abstract: The author of the article analyzes historical, legal and organizational grounds for implementation of the institution of official warning about about inadmissible actions that create grounds for crime, inquiry and preliminary investigation that are referred to the federal security service according to the laws of the Russian Federation, and ways to improve it.

Keywords: administrative law, national security, measures of administrative enforcement, crime prevention, individual prevention, grounds for implementing an official warning, administrative discretion, legality, efficiency of implementing an official warning

DOI: 10.7256/2454-0595.2015.4.13270

Abstract: In the conditions of terrorist activity increase, its geography expansion and organization enhancement there is an objective need for the increase of effectiveness of preventive measures. As it is stated in the Anti-terrorist strategy of the Russian Federation, the realization of legislative measures is of primary importance in terrorism prevention. Taking into account the possibility of a flexible and quick realization of administrative law provisions and the preventive character of these provisions, administrative-legal measures should be assigned one of the leading parts among the complex of preventive measures. The article reveals the system of the most effective administrative-legal measures of terrorism prevention which can be used by law-enforcement agencies and special services. The proposed system of administrative-legal measures is based on the analysis of content and practice of use of the conceptual documents and legal provisions regulating the issues of terrorism prevention and administrative-legal mechanisms implementation. The author creates an easy-to-use model of the system of the most effective administrative-legal measures of terrorism prevention. Taking into consideration the obvious need for expansion of use of administrative-legal measures of terrorism prevention, the systematization of these legal measures takes of special significance and can promote the effective activities of special services and law enforcement agencies in this sphere.

Keywords: system, administrative-legal measures, prevention, terrorism, prophylaxis, administrative-legal conditions, security, administrative supervision, combating, terrorist threat

DOI: 10.7256/2454-0595.2015.4.66311

Keywords: system, administrative-legal measures, prevention, terrorism, prophylaxis, administrative-legal conditions, security, administrative supervision, combating, terrorist threat

DOI: 10.7256/2454-0595.2016.5.15760

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of economic safety. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety provision. The paper demonstrates the author’s positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations’ safety. The author analyzes the concepts of development of law and economics in the recent conditions. The paper describes the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative legal regulation of its safety. The author states the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality of the Russian economy.

Keywords: safety, sector, state, regulation, corruption, support, solution, strategy, problem, economy

DOI: 10.7256/2454-0595.2016.5.67696

Keywords: safety, sector, state, regulation, corruption, support, solution, strategy, problem, economy

DOI: 10.7256/2454-0595.2016.5.18640

Abstract: The research subject is the activity of border authorities of the Federal Security Service of the Russian Federation in protection of the borders of foreign states. The author analyzes legal regulation of the activities of border authorities and officials of the Federal Security Service of the Russian Federation from the position of administrative-legal regulation. The paper presents the author’s positions on the authorities of the officials of the Federal Security Service’s border agencies in foreign states in the sphere of state borders protection, as long as this activity is regulated by the national legislation of these states. The author pays attention to the fact that the significant part of authorities of Russian border guards is not regulated at all, either by the national legislation or by international treaties. The research methodology comprises theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, observation, and modeling), and legal methods (formal logical). The author concludes that on the post-Soviet space a heterogeneous situation had developed in the sphere of state borders protection; the former USSR’s state borders protection priority was placed on the external borders of the CIS member-states apart from the Baltic states which started equipping the state border with the Russian Federation in the first instance. The need for the CIS’s external borders protection and the impossibility to perform this function on their own in the 1990s explains the presence of Russian border troops in foreign states. The author of the study analyzes the activities of border authorities and officials of the Federal Security Service of the Russian Federation in protection of borders of foreign states. The author substantiates the possibility to apply Russian legislation, including the administrative one, beyond the borders of the Russian Federation; the author defines the peculiarities of organizing and performing their work by the border authorities of the Federal Security Service of the Russian Federation for the protection of foreign states’ borders, as long as heterogeneous conditions had formed on the post-Soviet space.

Keywords: state border, treaty, state, military unit, garrison headquarters , overland direction, security, authorities, operational group, border authorities

DOI: 10.7256/2454-0595.2016.5.67697

Keywords: state border, treaty, state, military unit, garrison headquarters, overland direction, security, authorities, operational group, border authorities

DOI: 10.7256/2454-0595.2013.5.62696

Abstract: The article includes an attempt to introduce a term “professional security” as one of the types of security in human activities. It is pointed out that lack of professionalism or anti-social views and positions of lawyers may be dangerous for the people, society and state. The author also discusses the possible ways of prevention of such situations.

Keywords: lawyer, security, danger, professional quality, security of professional activity.

DOI: 10.7256/2454-0595.2014.6.11376

DOI: 10.7256/2454-0595.2014.6.64977

Abstract: The article includes analysis of law-enforcement activity as a type of legal activity. The authors establish its difference for the human rights advocacy and other types of activities in the sphere of implementation of law. The general theoretical literature provides for a widespread typology of legal activities, where law-enforcement (jurisdictional) activity is regarded as the type of activities in the sphere of implementation of law. However, once one reads more of the literature on the activities of law-enforcement bodies, there is a different approach. Or, to put it more clearly, there is no unified approach to its understanding. The issue of goals of law-enforcement activities, its contents and definition is not legislatively provided for. However, it does have its goals, and they are reflected in a number of legislative acts regarding organizational issues for the fundamentals of the structure and activities of various law-enforcement bodies. Based upon the analysis of federal laws on law-enforcement bodies, one may conclude that the goals of law-enforcement activities may be viably divided into two groups: general goals typical for all of its directions, and special goals, being specific for certain directions. The situation becomes tangled due to the fact that this theoretical characteristic feature of lawenforcement activity and its types does not concern human rights advocacy as a type of legal activity, while this type of activity is currently being recognized as being of great value for the formation of the rule-of-law state. The scientific literature often views the definitions of legal protection and legal defense (law-enforcement and human rights advocacy activities) as being synonymous and capable of substituting each other. All of the above requires a special study of this issue. The activities of the state, its bodies and institutions involves various spheres of life of the modern society. Solving the problems regarding the guarantees of normal functioning of economy, implementation of foreign policy, formation of the conditions for the development of culture, science, and education, support of defense capability and protection of public security of the state, and many other important functions form the contents of this varied and multifaceted activity. The legislation provides for specific goals for some specific types of law-enforcement bodies according to their competence. Some specific goals are achieved within the specific directions (functions) of law-enforcement activity. Taking the above into consideration, one may define the law-enforcement activity as activity implemented or sanctioned by the state for the purpose of protection and defense of law and prevention of its violations by specially empowered bodies via application of legal measures of influence in strict conformity with the law and procedures established by it.1. Defense of the existing legal order. 2. Protection of existing legal order. 3. Prevention of infringements of the existing legal order in a state. If the activities of the state government body or other organization involves only one or two elements, then it probably may not be considered as a law-enforcement activity, and is either human rights advocacy or control and supervision activity. At the same time, the law-enforcement activity should include the entire complex of the above-mentioned elements into its contents.

Keywords: state mechanism, state body, theory of law-enforcement, law-enforcement bodies, human rights advocacy, implementation of law, law-enforcement activity, advocacy, lawfulness, national security.

DOI: 10.7256/2454-0595.2013.6.62787

Abstract: The article concerns the problems of transportation security guarantees in the sphere of water transportation, taking into account the active involvement of the Siberian rivers into various economic activities. The author offers the ways of improvement of legal regulation in the sphere of transportation infrastructure functioning.

Keywords: transportation security, water transportation, development of waterways, legal regulation, functioning of transportation infrastructure, transportation code.

DOI: 10.7256/2454-0595.2013.7.62969

Abstract: In this article we would like to pay attention to the amendments in the Russian legislation in the sphere of road traffic security guarantees in the sphere of movement on pedestrian crosswalks. In our opinion, there is a number of norms regulating the obligations of participants of the road traffic to follow certain rules on movement (driving) on non-regulated pedestrian crosswalks, but there is no administrative responsibility for violations. The lack of responsibility for the violation of the Road Traffic Rules in this sphere lowers the level of prophylactic and preventive influence on road accidents. Amending the Road Traffic Rules the Government of Russia presumed that it is necessary for the drivers not only to give way to pedestrians and other participants of road traffic, but also to lower the speed up to complete stopping when there are pedestrians or bike riders on the crosswalk. However, there are no legislatively provided measures against violations of this obligation.

Keywords: road traffic, pedestrian, driver, pedestrian crosswalks, clear the way, overdrive, advancing, forced stop, transportation vehicle, collision.

DOI: 10.7256/2454-0595.2014.8.12403

DOI: 10.7256/2454-0595.2014.8.65268

Abstract: This article concerns the issues of definition of the term “public security”. This term is often mentioned in various normative legal acts of all levels, and also in the Constitution of the Russian Federation, however, the definition of this term was not legislatively provided for. So, on November 20, 2013 the President of the Russian Federation has approved the new Public Security Concept in the Russian Federation, and for the first time it did provide for the definition of the “public security”. However, this definition does not correspond to the pre-existing scientific views of it. Via the comparative legal analysis and historical retrospective the author studies the definition of the “public security” as provided for by the Public Security Concept in the Russian Federation. The scientific novelty is due to the fact that there is currently no comparative legal analysis of the definition of the term “public security”. The author makes a conclusion that the legislator correctly excludes some ambiguous formulations from the definition, and it allows to individualize the public security as a type of national security. Also, the legislative provisions for the definition of public security allows to make the provisions of normative legal acts more specific and to improve their further practical application.

Keywords: public security, Concept, Nizhny Novgorod region, national security, President of the Russian Federation, public order, administrative legal guarantees, administrative law, types of security, comparative legal analysis.

DOI: 10.7256/2454-0595.2013.8.63118

Abstract: The article concerns the road traffic security issues. The author analyzes current legislation and legal practice, then he offers a number of amendments and changes into the current legislation. It is noted in the article that road traffic security issues are high-priority within the criminal policy of Russia. Statistical analysis of car accidents shows that the number of car accident victims in Russia is among the highest rates in the world, and the offences against the road traffic security causing grave bodily harm and death of people are especially dangerous. Annually 30 to 40 thousand people die in road accidents in Russia, and many of them are children. In the first six months of 2013 according to the State Road Traffic Safety Inspection statistics more than 10 000 people died in road accidents in Russia.

Keywords: road traffic offences, presumption of guilt of a driver; gap impunity, equality under the law, experience of the foreign states, law, transportation, victim, offence, police, harm, rules, security, passenger, pedestrian.

DOI: 10.7256/2454-0595.2016.11.19506

Abstract: The research subject is the legal regulations and scientific resources, characterizing the principles of road traffic safety protection. The research object is legal relations, emerging in the process of application of legal provisions, regulating road traffic safety protection. Based on the analysis of statutory instruments and scientific literature, the author summarizes the content of the principles, characterizing the essence of public management of road traffic safety protection, by means of the analysis of general legal principles, principles of administrative law and institutional principles of road traffic safety protection. The author gives attention to the existence of the system of such principles. The research methodology is based on the set of general scientific and special research methods (formal-legal, analytical, system methods, analysis, synthesis, modeling, comparison, etc.). The author concludes that the road safety protection principles, contained in the Federal Law “On road traffic safety”, are the sustainable and fundamental elements of law, helping, on the one hand, systematize the law, and on the other hand, define the specificity of the legal system, formed in the sphere of road safety protection, its difference from other modern legal systems, thus allowing considering these principles as the institutional ones. The author comes to the conclusion about the dialectical interrelation of institutional principles of road traffic safety protection and the general principles of law. The scientific novelty of the study consists in the comprehensive analysis of theoretical and legal aspects of fundamental ideas of road traffic safety protection.

Keywords: public management, systematization of principles, public policy, administrative law, theory of law, principles, safety protection, road traffic safety, road traffic, legal relations

DOI: 10.7256/2454-0595.2016.11.68320

Keywords: public management, systematization of principles, public policy, administrative law, theory of law, principles, safety protection, road traffic safety, road traffic, legal relations

DOI: 10.7256/2454-0595.2014.10.12297

DOI: 10.7256/2454-0595.2014.10.65555

Abstract: The article is devoted to the role and value of administrative law in the sphere of guaranteeing state security. The norms of administrative law are predominantly preventive, since the priority of preventive measures is one of the principles in the sphere of security guarantees, application of measures of administrative legal influence is capable of guaranteeing significant effect in the sphere of state security. Improving the level of administrative legal guarantees of state security may be illustrated with a number of examples, such as improvement of the legislation on the public service, activities of foreign NGOs and organizations involving foreign financing, more detailed regulation of the organization and holding of public events. Special attention is paid in the article to the issues of administrative activities of the Russian special services. The article is prepared based upon the studies of normative legal acts and legal practice in the sphere of guaranteeing public security with the use of historical and comparative methods for the scientific research. In this article based upon the analysis of various aspects of use of administrative legal instruments in the sphere of state security guarantees, the author makes a conclusion on the need for the further improvement of the administrative legislation on these issues. At the same time, application of the administrative measures should correspond both the principles of lawfulness and protection of human rights, as well as to the principles of viability of the decisions.

Keywords: administrative law, state security, administrative activity, public service, foreign organizations, public events, fighting terrorism, prophylactics, preventive activities, special services.

DOI: 10.7256/2454-0595.2013.11.9637

DOI: 10.7256/2454-0595.2013.11.63390

Abstract: In last two decades the Russian Federation faced the problem of fighting terrorist threat in its various dimensions. The Federal Service for Veterinary and Phytosanitary Supervision supervises physical protection of the sources of especially dangerous organisms. However, there are problems with practical implementation in this sphere. Territorial Divisions of the Federal Service for Veterinary and Phytosanitary Supervision have to solve this problem independently and develop the method for supervision over the said objects. Control and supervision once every three years over dangerous objects, which may be attacked by terrorists, is obviously not sufficient. It is also not clear what should be understood as especially dangerous organisms. Use of sanitary regulations in such cases is not altogether correct. The veterinary legislation has no definition of physical protection and no criteria for its application to the objects of veterinarian supervision. There is need for clear procedural regulation of this type of supervision.

Keywords: fighting terrorism, biological security, veterinary, supervision, periodical, dangerous organisms, sanitary rules, physical protection, administrative regulation, standard.

DOI: 10.7256/2454-0595.2014.12.13424

DOI: 10.7256/2454-0595.2014.12.65808

Abstract: This article considers legal means of exercising individuals’ rights to industrial safety in situations of illegal enterprise. The authors also analyze the difficulties which arise in a situation of illegal enterprise when any workplace accidents occur. In such cases, if the physical person is not registered as a n individual entrepreneur or no legal entity is registered, the public relationship concerning the industrial safety are not created, which, undoubtedly, prejudices the rights of individuals and hinders the correct classification of crimes. Methodologically, this article is based on modern achievements in research theory. In this research, the author used the theoretical, generally philosophical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in specific sociological research (statistical, expert review etc.). As was noted in the article, the complex problem of industrial safety must be, the authors believe, resolved by introducing a relevant provision in the laws and regulations concerning entrepreneurial activities. In particular, to fix the status of “illegally established legal entity” and if “persons illegally performing entrepreneurial activities”. This rule with make it possible to implement individual’s legal remedies in case is they carry out any production activities in the situation of illegal enterprise.