Administrative and municipal law - rubric Theory and science of administrative and municipal law

Abstract: In his research Odoev analyzes situations when the law relates particular penal consequences to the prior use of administrative measures. In the theory of criminal law, these situations are called “administrative prejudgement”. On the basis of the scientists' points of view established in the doctrine, as well as the results of the interviews of the law enforcers, the author offers an original definition of administrative prejudgement. In addition, the author makes suggestions about the legal nature of administrative prejudgement and the main features that characterize it. The methodological basis of the research is composed of general research methods (methods of induction and deduction, formalization, generalization, idealization, activity, methods of analysis and synthesis, interviewing, etc.) as well as special research methods (comparative legal, formal legal, sociological and legal and etc.). The main result of the research is that the author proposed an original definition of the concept of administrative prejudgement. In addition, the author came to the conclusion that administrative prejudgement is a kind of the actual composition that is formed from, firstly, from the state of administrative punishment of a person and secondly from the criminal offense committed by that person.

Keywords: administrative prejudgement, punishment, offence, administrative offence, administrative punishment, set of facts, constitutive fact, legal arrangement, administrative punishment, punishment

DOI: 10.7256/2454-0595.2017.4.22674

Abstract: The paper considers the problem of administrative responsibility, imposed for the breach of legislation in the field of microfinance activities. The topicality of the issue is determined by the apparent drawbacks in the sphere of financial services for the population, and socio-economic prerequisites for the improvement of microfinance activities. The author gives special attention to the concept of “finance” in the context of the title of the chapter 15 of the Administrative Offences Code of the Russian Federation. The author considers the fundamental types of administrative breaches in the sphere of microfinance activities and defines the peculiarities of administrative responsibility for the breach of legislation on microfinance activities. The research methodology is based on general scientific methods (analysis, comparison, description, generalization, induction, and deduction) and specific research methods (formal-dogmatic, comparative-legal, system-structural, and the method of legal interpretation). Global transformations in the sphere of microfinance activities, primarily, investing the Bank of Russia with powers in regulation, control, and supervision over the activities of microfinance and microcredit organizations, and jurisdictional powers, as well as the establishment of the institution of self-regulation, prove the undoubted topicality of administrative studies in the sphere of microfinance.

Keywords: self-regulating organization, finance, the Bank of Russia, microfinancing, Administrative Offences Code of the Russian Federation, administrative offence, microfinance activities , microcredit company, microcredit organization, administrative responsibility

DOI: 10.7256/2454-0595.2018.9.23710

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: principle of subordination, normative legal act, legal act, independence of the judiciary, administrative discretion, accountability measures, compliance assessment, inactive recognition, termination, damage to business reputation

DOI: 10.7256/2454-0595.2017.12.24842

Abstract: The research subject is the legal nature of a municipality as a ground for classifying local governance models. The author emphasizes the difference between the approaches to local governance based on the differences between the interpretations of a municipality as a “territorial pubic association” within the continental approach and a “municipal corporation” within the Anglo-Saxon approach. The author analyzes the influence of the respective concepts on the functioning of local governance as a whole, confirmation of the subjects’ right to local governance and its implementation. The study is based on general scientific methods which include normative analysis and the method of comparative jurisprudence. The scientific novelty of the study consists in specifying the range of local governance models on the basis of the criterion of legal nature and the status of municipalities. The author specifies the corporate, communal and post-communal models. The author characterizes each of the models on the basis of the determined criterion.

Keywords: municipal corporation, territorial association, post-communal model, communal model, corporate model, models of local governance, legal nature of municipality, continental approach, anglo-saxon approach, criteria of classification

DOI: 10.7256/2454-0595.2018.2.25746

Abstract: The subject of this research article is the customs relations that arise in the process of applying customs laws that encourage good practice of customs relations participants. The authors of the article analyze the scope of measures that develop within the framework of such method of public administration as persuasion. In this article the authors prove efficiency and importance of these measures, describe their scope, targets and principles and analyze each measure in particular. The authors analyze measures that encourage good practice of customs relations participants on the basis of applicable customs code of the Eurasian Economic Union. To write this article, the authors have used the methods of dialectical analysis as well as general and special research methods based thereupon. They have also used the formal logic method to present the material of the article and to make conclusions and recommendations. The main conclusions of the research are the following. For the first time in the academic literature the authors of the article define the scope of measures that encourage good practice of customs relations participants, describe their goals and principles and prove the need to apply these measures within the framework of such method of public administration as persuasion. The authors also analyze each measure in particular and describe their incentive mechanism.

Keywords: information and counseling, Eurasian Economic Union, customs procedures, customs duties, customs operations, customs control, customs regulation, subjects of customs legal relations, Incentive measures, customs

DOI: 10.7256/2454-0595.2018.6.26952

Abstract: The subject of the research is the common features attributable to administrative offences and crimes. The author of the article focuses on such features as the social danger (social harm), illegality, guilt, punishability, procedural order and government action. Markova analyzes the positions of academics that studied the issues of correspondence of unlawful acts. The author criticizes the opinions of authors that believe administrative offence not to have the feature of social danger. Markova provides arguments why she believes that most of administrative offences has that feature just like criminal offences. The methodological basis of the research includes general research methods such as analysis, synthesis, induction and deduction. The main research method is the comparative law method that allowed to compare and define common features of administrative and criminal offences. As a result of the research, the author concludes that administrative offences and crimes that interfere with the social relations and disturb established legal order have common features. The primary task of a legislator is to define the place of an unlawful act within the system of the national law that is dictated by objective reasons but not only the will of a legislator. These objective reasons include the social standard of living, legal consciousness and legal culture, customs and traditions of a nation, economic situation in the country, foreign poilcy, etc.

Keywords: social danger, criminal law, legislation on administrative offences, similarities, crime, offence, wrongfulness, guilt, punishability, procedural procedure

DOI: 10.7256/2454-0595.2018.12.28414

Abstract: The subject of the research is the provisions of the doctrine that relates to the right to public use as well as the effective Russian laws that regulate the legal regime at state and municipal units designated for public use. The author of the article examines such aspects of the public use right as: 1. development of the public use right as part of subjective public rights; 2. legal confirmation of the right by the positive law and how it is described by modern science; 3. actors; 4. contents; 5. relation to the obligations of public administration, etc. The research methods used by the author include systems analysis as a general method and special law, comparative law and historical law methods as special methods. As a result, the author concludes that the public use right is an independent and important kind of subjective public rights that have a number of legally relevant features: 1. it is unalienable; 2. it is a statutory subjective right; 3. the right covers state and municipal property that are inscribed into the public space and designated for public use; 4. the right arises when a property is prescribed for public use; 5. it is regulated mostly by the public law; 6. it has got an absolute nature; 7. the authorized person has got the plurality; 8. the content thereof is the self-action competences; 9. it is a limited proprietary right; 10. it remains effective in case of a new public owner; 11. the right is validated disregarding state registration of a property; 12. the right is intimately connected with the obligations to use the property duly; 13. the right is defended based on legal norms.

Keywords: public property law, municipal property, state property, public property, property right, subjective public right, res publicae, administrative property low, public use, road

DOI: 10.7256/2454-0595.2019.1.28614

Abstract: The subject of the research is the provisions of the administrative law that give the definition of 'unmanned vehicle driver' and control the practical use of the category 'unmanned vehicle' for the road safety provision. The object of the research is the social relations arising in the process of administrative regulation of road safety. The authors of the article examines such aspects of the topic as individualization of responsibility for an accident with an unmanned vehicle and importance of autonomous control of vehicles for individuals with disabilities. The authors focus on the solutions of the problems of unmanned vehicle control by disabled individuals who do not have a driving license. In the course of writing their article the author has used general and special research methods such as dialetical, historical, structured systems, comparative legal, statistical and legal analysis. The main conclusions of the research are the following: the authors emphasize the need to create the legal base for successful management of unmanned vehicles as full road users, consolidatino of terms 'unmanned vehicle' and 'unmanned vehicle driver' and to outline a circle of individuals responsible for the control of unmanned vehicle as well as software support for the purpose of continous and correct operation. The authors' special contribution to the topic is that they specify this issue for individuals with disabilities. The novelty of the research is caused by the fact that for the first time in the academic lierature the authors analyze associated concepts of administrative law and law-enforcement practice and give recommendations on how to improve administrative laws in the aforesaid sphere.

Keywords: legal regulation, traffic accident, driving, innovative technology, unmanned vehicle, road user, traffic safety, Traffic, responsibility for the accident, aggregator

DOI: 10.7256/2454-0595.2023.6.39881

Abstract: This article is devoted to the analysis of problems and prospects of the organization and implementation of public control over the President of the Russian Federation. The subject of the analysis is the relevant provisions of Russian legislation devoted to the consolidation of the mechanism of organization and implementation of public control over the activities, acts and decisions of the head of state and the practice of their application. General and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, sociological, historical-legal, etc. The author formalizes and analyzes the main problems that hinder the organization and implementation of public control over the President of the Russian Federation, and also develops and justifies a system of measures to resolve them. The issues of development and implementation of new forms, methods, types of public control measures in relation to the activities, acts and decisions of the head of state need further scientific understanding are revealed by the author of the article.

Keywords: limits, immunity, responsibility, Russian Federation, President, people's control, public control, problems, prospects, powers

DOI: 10.7256/2454-0595.2023.4.40072

Abstract: The Institute of Public Control in the Russian Federation is one of the most important legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The legal regulation of this institution of civil society is based on a number of principles - the basic, most general principles that determine the content and main directions of regulation of this institution of civil society in the Russian Federation. This article is devoted to the analysis of centralism and decentralization as a principle of public control in the Russian Federation. The paper uses a number of principles of scientific research, in particular, historical-legal, comparative-legal, analysis, synthesis, etc. The purpose of the study is not only to formalize and substantiate the need to include in the current legislation the principle of centralism and decentralization in the organization and activities of subjects of public control, but also to identify and formalize the main problems that hinder the implementation according to the principle of this institution of civil society, a system of measures for their resolution has been developed and justified. The achievement of this research goal involves the implementation of a number of scientific tasks, in particular: 1) analysis of the concept and content of the principles of public control in the Russian Federation; 2) study of the list of these principles enshrined in the legislation on public control, in particular, in Federal Law No. 212-FZ dated 21.07.2014 "On the basics of public control in the Russian Federation"; 3) justification of the need to supplement this list with new principles (with formalization and indication of the author's definitions of their names and content); 4) analysis of the content of the principle of centralism and decentralization in the organization and activities of subjects of public control; 5) identification of the main problems hindering the implementation of this principle; 6) development and justification of a system of measures to resolve them, including by making appropriate changes and additions to legislation of the Russian Federation.

Keywords: public chamber, Russian Federation, democracy, public control, subjects, activity, organization, principle, decentralization, centralism

Abstract: The article is devoted to certain issues related to the ranking of science and curriculum of the Russian administrative law. The author of the article describes various approaches introduced by the researchers who systemizes the administrative law an analyzes special features of the administrative law system of a few foreign states which practice different European traditions of administrative law. Based on the provisions of the universal dialectical approach to studying social phenomena as well as using such scientific research methods as the system, structuralfunctional, scientific-analytical and comparative analysis the author shares her own views on the administrative law structure from the point of view of scientific research, analysis, comparison and logic.

Keywords: system, principles, science, curriculum, methods, theory, branch, structure, justice, law.

DOI: 10.7256/2454-0595.2013.7.9149

Abstract: The article is devoted to the issues of singling out a new forming branch of law within the framework of various points of view and object of its regulation. In order to support his position the author provides theoretical and practical positions on municipal law as an independent branch of law, the object of which is social relations, which provide for the organization and activities of the people, organs and officials of municipal government.

Keywords: municipal law, municipal government, legal bases, social relations, the object of regulation, the issues of local value, the complex branch of law, the form of people’s rule, the form of self-organization.

Abstract: The article proves that administrative law is a heterogeneous legal branch. The author describes two particular types of administrative law — management law which is related to the legal regulation of activities conducted by the state machine and organization law which ensures regulation of socially important behavior of non-state entities. It is proved that sine each of the above mentioned types of law has its own institutions, it would be reasonable to distinguish administrative law and police law as two independent branches, one of them being related to activities conducted by the state machine and the other one being related to organization of social life.

Keywords: law, state institution, regulation, management, organization, branch, norm, function, mechanism, police.

DOI: 10.7256/2454-0595.2017.2.20914

Abstract: The author analyzes the current Russian legislation on advertising in order to consider the administrative aspect of advertising, the types of inappropriate advertising, the problems of initiation, creation and dissemination of inappropriate advertising, the necessity to protect the consumers’ rights against inappropriate and inaccurate advertising; the author defines and analyzes some administrative mechanisms of the struggle against inappropriate advertising. Based on the research, the author proposes stiffening administrative responsibility for inappropriate advertising. The research methodology is based on recent achievements of epistemology. The author applies general philosophical and theoretical research methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), and traditional methods of jurisprudence (formal logical). The author concludes that inappropriate advertising is an object of complex legal regulation, and legislation on advertising is closely connected with civil, administrative and constitutional law. The role of administrative mechanisms of the struggle against inappropriate advertising can hardly be overestimated; all of them are aimed at the struggle against inappropriate advertising regardless of the presence of damage caused on the consumers by the dissemination of such advertising.

Keywords: unfair advertising, consumer, advertising distributor, advertiser, advertising producer , advertising, inaccurate advertising, embedded advertising, administrative responsibility, law

DOI: 10.7256/2454-0595.2023.2.39693

Abstract: The purpose of the article is to analyze the content of the legal procedure for providing land plots for burial. The article considers the law enforcement aspects of the implementation of this legal procedure based on the analysis of the norms of the current Russian legislation on the funeral business. The subject of the article is the norms of Russian legislation on burial and funeral business. Based on the analysis of the stages of the provision of municipal services for the provision of land plots for burial, the procedural-declarative nature of the implementation of the right to burial is substantiated. The participants of the relevant legal procedure are identified and the sequence of actions in the provision of this service is determined. In the course of writing the article, modern methods of scientific knowledge, both general scientific and private, were used. The author used methods of analysis, synthesis, inductive-deductive method; the analysis of the Russian legislation on burial and the funeral business was carried out using the formal legal method. As a result, the main directions for improving the legal regulation of the legal procedure for the provision of land plots for burial are proposed; the place of legal procedures in the matter of meeting the socially significant need in organizing the burial place of a deceased person is determined. The author concludes that the procedure for the provision of land plots provided for by law is of an administrative nature, since it is carried out as part of the procedure for the execution of state or municipal services. The specific nature of the limited rights to the burial place allows us to consider the regime for using the land plot provided for burial as a unique land-legal regime that requires proper legislative registration.

Keywords: law, cemetery, land plot, safety requirements, local government, management, administrative legislation, land legislation, burial place, provision of a land plot

Abstract: the article analyzes stages in history of creation of legal framework for industrial construction in Russia from the beginning of the 18th century up to the beginning of the 20th century. The author of the article systemizes the legal base of regulatory acts, views safety regulations in the sphere of industrial construction, legal drafting methodology and the level of systematization of historical legal material. The source of this research is the four official versions of the Building Code of the Russian Empire.

Keywords: building code, city construction, codification, systematization, regulatory acts, factory, city development, version.

DOI: 10.7256/2454-0595.2019.3.27503

Abstract: By analysing legal terms and phenomena researchers get a deeper insight into the matter, reveal processes of development and evolution of particular relations in the sphere under research, reconstruct past events and give them their legal evaluation. The term 'customs transit' goes back centuries and has a long historical, political and economic history. Ancient agreements about transit 'on route, without selling' contributed to the reinforcement of relations between principalities and states and development of trade. Today the term 'customs transit' and legal regulation of associated relations reinforce political relations between states, have a positive impact on the development of foreign economic ties, trade, entrepreneurship growth and budget revenues. In this article Gudzenko analyzes the history and definition of the terms 'transit' and 'customs transit' as well as legal sources that contain these terms and makes interesting conclusions.

Keywords: customs matter, custom authority, collector, customs procedure, cargo, goods, transit, customs, checkpoint, procedure

DOI: 10.7256/2454-0595.2019.2.28204

Abstract: The study of legal terms and phenomena helps researchers to better understand the process of knowledge, more deeply reveal the processes of formation and evolution of individual concepts and the relationships in the field of study, restore past events and give them a legal assessment taking into account modern advances in science. In this regard, the author of the article examines the formation and development of the concepts of "transit", "customs transit", consistently analyzes the sources of law which may contain an indication of the concepts under study and draws appropriate conclusions. This study was conducted using both general and special research methods. The author analyzes the sources of law which may contain an indication of the concepts under study and concludes that the main meaning and content of the term “customs transit” has deep historical, political and economic roots. Historical agreements on passage, transportation “along the way, without sale” influenced the strengthening of relations between individual principalities and states, contributed to the development of trade. Currently, the term evolves from “passing along the way, without marketing” to the term “customs transit”, the legal framework of legal relations within its framework and consolidation in regulatory legal acts acts to strengthen the political ties of the state, positively affect the development of foreign economic relations, trade, growth business and income to the treasury of the state.

Keywords: customs matter, checkpoint, custom authority, collectors, customs procedure, cargo, goods, transit, customs regime, customs transit

DOI: 10.7256/2454-0595.2022.4.39081

Abstract: The subject of the research is the methods of its analysis and optimization based on indicators developed in the field of regulatory administrative and legal regulation. A qualitative assessment of the optimization of legislation is shown by the example of the decree of the Governor of St. Petersburg dated 07.09.2015 No. 61-pg, which defines the main directions of public administration of socio-economic phenomena and processes in St. Petersburg. A comparison of the indicators approved by this resolution, which serve the purposes of socio-economic development and administrative and legal regulation, with statistical socio-economic indicators will demonstrate how optimal regulatory regulation is. This optimality is assessed by the compliance of normative indicators (goals) with the most significant ones (for migration flows in inner-city municipalities) statistical indicators identified on large data sets by machine learning methods. Machine learning on large data sets made it possible to identify two of the most significant indicators of them — the goals of socio-economic development and regulatory regulation (the costs of landscaping and the costs of holding local holidays and sporting events), as well as to identify a statistical indicator that is not recognized as a goal of territorial development (environmental protection costs). The results obtained made it possible to identify the most important areas of activity of higher levels of public authority corresponding to the significance of indicators for the migration flow: preschool and school education, healthcare for children and elderly citizens, creation of an accessible (comfortable) environment for them. The results obtained are of methodological importance, since they have the potential to use numerical statistical indicators, and can be useful for evaluating the optimization of regulation and legal (regulatory) policy. Machine learning based on big data in the social, demographic, economic and environmental fields can become an important tool for optimizing administrative legislation and public administration.

Keywords: indicator, statistics, machine learning, big data, digital state, methodology, artificial intelligence, law, administrative law, legislation

DOI: 10.7256/2454-0595.2023.4.39869

Abstract: Coverage of the problem. The constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institution of public control. This article is devoted to the constitutional and legal analysis of the Government of the Russian Federation as an object of public control. Materials and methods of research. The subject of the analysis is the relevant provisions of the legislation of the Russian Federation on the organization and activities of public control in relation to the activities, acts and decisions of the Government of the Russian Federation and the practice of their application. In this article, general and private scientific methods are used, in particular, dialectical, formal-legal, comparative-legal, interpretation of legal norms, historical-legal and a number of other methods. Results. The paper substantiates the role and place of the Government of the Russian Federation in the system of objects of public control. The article not only analyzes modern problems that hinder the organization and implementation of public control in relation to the above-mentioned object of public control, but also develops and justifies a system of measures to resolve them. Discussion. Further scientific reflection is needed on the development and implementation of new principles, forms, techniques, methods, types of public control measures that can be applied in its implementation in relation to the activities, acts and decisions of the Government of the Russian Federation.

Keywords: forms, measures, powers, responsibility, Government, Russian Federation, democracy, public control, methods, objects

DOI: 10.7256/2454-0595.2022.2.35109

Abstract: Based on the historical and legal method, analyzing the sources of Russian police and criminal law in connection with the developing social and political situation, the author comes to the conclusion that administrative and tort law had a long and contradictory period of formation, acquiring historically determined features and features dating back to the Soviet period, a number of which do not correlate with modern the state and directions of development of the Russian state. Despite the fact that the Russian Federation is the historical successor of the USSR and the RSFSR, as a state it is strikingly different from them, due to the changes that have taken place in the last three decades related to the radical transformation of the state structure, the change in the socio-economic basis of society, and accordingly the legal regime, the foundation of which after the collapse of the USSR was the Constitution of the Russian Federation. Currently, the role of administrative responsibility has changed significantly, as has its understanding in the public legal consciousness, ceasing to be a surrogate for criminal coercion. At the same time, to date, it has not been freed from the foundations laid in the Soviet period, which once again confirms the need for a comprehensive state policy in the field of public liability, which should be aimed at updating the current legislation, taking into account its historical and theoretical understanding, a clear distinction between crime and administrative offense, and in particular perspective and criminal misconduct, their prevention and prevention.

Keywords: state policy, reformation, differentiation of concepts, criminal misdemeanor, crime, administrative offense, administrative responsibility, Soviet period, The Constitution of the Russian Federation, prevention of offenses

DOI: 10.7256/2454-0595.2020.4.32701

Abstract: This article analyzes the concepts of foreign policy enacted over the period from 1993 to 2016 as the goal-setting documents of foreign policy that greatly impact the policy-making process in the Russian Federation in the area of international relations. The author examines different approaches towards definition of the term “concept” given in the national and foreign sources. A technical-legal analysis of consolidation of the foreign policy concepts of 1993, 2000, 2008, 2013 and 2016 is carried out. The modern achievements of the theory of cognition comprise the methodological framework for this research. The general philosophical, theoretical and empirical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, and modeling) were also applied in the course of study. The author determines contradictions in the order of confirmation, publishing and cancellation of the effect of foreign policy strategy from 1993 to 2016; as well as gives recommendations on unifying the approach towards technical-legal order of acceptance of foreign policy concepts for the purpose of formulation of universal rules for acceptance of doctrinal documents.

Keywords: administrative and legal acts, President's decree, doctrinal documents, administrative law, source of law, administrative and legal regulation, foreign policy concept, concept, government regulation, public administration

DOI: 10.7256/2454-0595.2019.3.29626

Abstract: The subject of the research is the current provisions of the Code of the Russian Federation on administrative offences that describe a new type of administrative offence that uses technical means or data telecommunication network Internet. The main conclusion of the research is that active implementation of digital technologies creates the need in modernisation of administrative-tort law and introduction of a new type of administrative offence and administrative reponsibility for violations committed using Internet as well as amendment of current administrative laws and reinforcement of administrative offence for such offences. The methodological basis of the research includes general research methods such as systems analysis, formal law method, etc. The main contribution of the authors is in-depth retrospective analysis of trends that relate to transformation of administrative-torh law as a result of intense digital technology development. The researchers also describe typical features of these trends that distort the fundamental principle of presumption of innocence as it is set forth by the Administrative Offences Code of the Russian Federation. The novelty of the research is caused by the authors' integral analysis of a number of new administrative delicts that imply the use of the Internet. The researcher analyses cases when the Internet is an essential element of administrative offence and cases when Internet is just an additional feature of administrative offence.

Keywords: Administrative offence, Guilt, Legal entity, Presumption of innocence, Digital technology, Digital economy, Administrative-tort law, Administrative responsibility, Microfinance organization, nakazanie

DOI: 10.7256/2454-0595.2021.3.35436

Abstract: The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

Keywords: tax liability, legal relations, social relations, bases of classifications, divide of definition, administrative responsibility, Legal liability, private property, state coercion, legal reaction

DOI: 10.7256/2454-0595.2017.3.22043

Abstract: The research object covers conceptual, ideological, organizational, theoretical, and practical legal aspects of development of legal forms of regular public self-organization of citizens of municipal units. The research subject includes the problem aspects of application of such forms of local citizens self-organization as territorial public self-management, householders societies, public chambers of municipal units, small urban and rural settlements, intracity municipal structures. The author analyzes the key organizational and ideological problems of development of forms of regular self-organization of citizens and defines the ways to solve them. The study is supported by the Russian Foundation for Basic Research, project No 16-03-50015 “Improvement of the system of conceptual and ideological bases of local self-management formalized in the legal system of the Russian Federation”. The author studies the problem aspects of functioning of legal forms of public self-regulation of local citizens, reveals the variety of the related problems, existing in Russian municipalities, and concludes that it is impossible to find a universal remedy for all of them. Therefore, the research methodology is based on the set of scientific methods including dialectical, logical, historical, structural-functional, system, the method of complex study, legal prognostication, and the formal-legal method. The scientific novelty consists in the analysis of topical ideological and legal aspects of application of forms of regular public self-organization of local citizens in Russian municipal practices, and in the definition of directions of improvement of effectiveness of the existing ways of self-organization of citizens and optimization of the forms of their formalization.

Keywords: organizational problems of self-organization, ideological problems of self-organization, conceptual problems of self-organization, forms of self-organization, regular self-organization of citizens, public self-organization of citizens, ideals of local self-management, local self-management, legal problems of self-organization, improvement of self-organization forms

DOI: 10.7256/2454-0595.2023.5.38867

Abstract: In fulfillment of the State task, the protection of children is put first in the field of education, receiving free medical care, housing, etc. The task of protecting the rights of adolescents to social security is reflected in the guiding documents: the Declaration of the Rights of the Child and the Convention on the Rights of the Child, also in the Optional Protocol to the Convention on the Rights of the Child. Difficulties in the process of protecting the rights of minors arise due to imperfections of legislation, gaps in law, contradictions of federal and regional legislation. In this regard, the processes of formation and development of the institute for the protection of children's rights in Russian law, the definition and expansion of opportunities for prosecutorial control over the performance of duties to protect the rights of adolescents are very important. These factors determined the choice of the topic and its relevance.The object of the study is the rights of minors to social security. The subject of the study is the role of the Prosecutor's Office in the implementation of the human rights function for the observance of the protection of the rights of minors. The purpose of the study is to study theoretical issues, as well as practical proposals for improving legislation, which are aimed at improving the work of the prosecutor's office to protect the rights of adolescents to social security. The methodological basis of the research is a set of general scientific and private scientific methods of knowledge, specifically: observation, comparison, study and synthesis, induction and deduction. The practical significance of the scientific work lies in the fact that the results of the study can be applied in the practice of prosecutors to protect the rights of adolescents, in law-making work to improve legislation that regulates the issues of prosecutorial control over the performance of duties to protect the rights of adolescents.

Keywords: child protection, supervision of the Prosecutor's Office, rights of minors, monitoring, minors, social security, human rights, human rights function, Prosecutor's Office, protection of minors

DOI: 10.7256/2454-0595.2023.1.39141

Abstract: The object of the study is the social relations developing in the sphere of circulation of civilian firearms. The subject of the study is the organization of state control over the provision by citizens of the Russian Federation of the conditions of storage (safety) of civilian firearms at the place of residence and the activities of the police as a subject of the type of state control under consideration. The paper gives a brief description of state control as a guarantee of the effectiveness of any legal activity. The role and importance of the police in the implementation of state control in the sphere of arms trafficking is determined and justified, the forms and methods of the type of state control under consideration, the subjects and objects of its implementation are substantiated. The author provides an original view on the problem of crime prevention as the main area of police activity on the example of the sphere of arms trafficking in its relationship with state control of ensuring storage conditions by citizens of the Russian Federation (safety) of firearms at the place of residence. The argument is given about the instrumental importance of state control in the system of prevention of offenses in the sphere of arms trafficking, the continuity and integrity of state control in a single sphere of public administration. As a conclusion, the paper presents a problem that requires resolution, the development of more advanced mechanisms for the organization of state control in the field of arms trafficking.

Keywords: law enforcement activity, prevent crimes, Rosguard, Public administration, Methods of state control, Forms of state control, State control, Storing firearms, Arms trafficking, Police

DOI: 10.7256/2454-0595.2019.4.28011

Abstract: The Customs Code of the Eurasian Economic Union changed the legal regulation procedure in customs affairs including regulation of the customs transit procedure. The author of the article analyzes peculiarities and conditions of the customs transit procedure and concludes that the Federal Law No. 311 of November 27, 2010 'On Customs Regulation in the Russian Federation' is out of date. The law does not harmonize with international standards and regulations (EAEU Codex) and even causes confusion in some cases, particularly when it comes to legal regulation of customs transit procedure. In his research Gudzenko has applied both general and special research metods, mostly comparison and observation. The author also gives a list of legal acts that regulate the customs transit procedure and describes typical features thereof.

Keywords: carrier, terms of placing goods, travel conditions, Customs, customs transit, customs procedure, customs regulation, customs code, Eurasian Economic Union, transit

DOI: 10.7256/2454-0595.2024.1.39045

Abstract: The object of the study is public relations regulating the issues of bringing to administrative responsibility for the promotion of non-traditional sexual relations and (or) preferences, sex change. The subject of the study is legislative and other normative legal acts regulating public relations in the field of administrative responsibility for the promotion of non-traditional sexual relations and (or) preferences, sex change. The purpose of the study is to identify the prerequisites of the ban imposed in the Russian Federation on the promotion of non-traditional sexual relations and (or) preferences, sex change, forecasting the development of the norm in question in a positive way. The study used universal dialectical, logical, descriptive, sociological, formal-legal research methods, etc. The relevance of the topic under consideration lies in the fact that in modern conditions of society's development, the preservation and protection of spiritual and moral values is one of the priorities. In connection with the active activities of a number of countries on the decomposition of public morality, Russian society and the state as a whole need to strengthen the protection of morality and public health. The novelty of the study lies in the fact that the analysis of scientific provisions in the direction of the study was carried out, as well as in the approach to the issue of administrative responsibility from the point of view of the need to improve legislation in the field of taking additional legal measures restricting the dissemination of information promoting homosexuality and other forms of sexual deviations. According to the results of the study, international and Russian legal acts concerning the issues of same-sex relations are analyzed, examples of popularization of such relations are considered and the results of a sociological survey are presented, confirming the tendency to increase the spread of facts of propaganda of non-traditional sexual relations. The scientific novelty also lies in the proposal to expand the scope of the concept of "propaganda of non-traditional sexual relations" by including propaganda of denial of traditional family values, asexuality, and sex change.

Keywords: LGBT, traditional values, Childfree, STI incidence, minors, Russian society, propaganda, non-traditional sexual relations, administrative responsibility, spiritual and moral values

DOI: 10.7256/2454-0595.2017.4.22469

Abstract: The research subject is the impact of new directions of public-private partnership, forming in the sphere of state control and coercion, on the state mechanism. The author studies the works of legal scholars for the last several years, dealing with various aspects of private organizations’ performance of functions of control, supervision and coercion. The author shows that the problem of the role of public-private partnerships in the state mechanism hasn’t been studied so far comprehensively enough; at the same time, traditional approaches to defining the state mechanism prevail in the scientific literature; they don’t provide for the opportunity of partial delegation of functions of control, supervision and coercion, performed by public authorities, to the entities without this status. The research methodology is based on the works of S.S. Alekseev, D.N. Bakhrakh, P.V. Demidov, V.V. Zakharenkov, A.B. Zolotareva, A.E. Ziat’kov, A.D. Kerimov, Ya.S. Kleimenov, V.V. Lazarev, S.V. Lipenia, D.A. Limareva, M.M. Magomedrasulov, N.I. Matuzov, A.V. Mal’ko, A.N. Pigolkin, and others. The author concludes that the state mechanism is being transformed at the present time; it’s been extending, and now it includes new social relations, which haven’t been typical for it previously. Since the problem of the state mechanism extension hasn’t been studied by Russian legal science comprehensively enough, the possible risks of delegation of functions of control, supervision and coercion to private entities haven’t been estimated either. At the same time, in practice, the legislation, regulating the issues of control and supervision, has been including new elements, which can be considered as the examples of delegation of some functions, which have been traditionally performed by public authorities, to private entities: from the development of the rules for some markets and quasi-licensing, to the creation of opportunities of agreements between self-regulatory organizations and public oversight authorities on the basis of which public authorities reduce the general number of inspections of the self-regulating organizations’ members, or completely refuse of scheduled inspections, and reserve only the right to organize unscheduled inspections.

Keywords: control authority, state functions, state coercion, self-regulatory organizations, delegation, private companies, state mechanism, state control, public authority, development institutions

DOI: 10.7256/2454-0595.2023.2.40418

Abstract: The multinational people of the Russian Federation are, in accordance with the Constitution of Russia, the bearer of sovereignty and the only source of power in the country. At the same time, he exercises his powers both directly (for example, through the institutions of free elections and referendums) and indirectly (in particular, through the activities of public authorities). However, the constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institute of public control, the legal basis of which is a system of principles – the basic, most general principles that determine the content and main directions of regulation of this institution of civil society in the Russian Federation. A number of scientific research methods are used in the work: comparative legal, historical legal, formal logical and a number of others. This article is devoted to the analysis of responsibility as a principle of public control in the Russian Federation. The purpose of the study is not only to substantiate the need to formalize the above-mentioned principle of this institution of civil society in the legislation on public control (in particular, in Article 6 of Federal Law No. 212-FZ dated 21.07.2014 "On the basics of public control in the Russian Federation"), but also to formalize and study the main problems preventing the consolidation and implementation of this principle of public control. The author developed and substantiated a system of measures to resolve these problems, including by introducing amendments and additions to the legislation of Russia.

Keywords: administrative-legal, criminal, Russian Federation, democracy, public control, subjects, representatives, principle, responsibility, constitutional

DOI: 10.7256/2454-0595.2016.2.17739

Abstract: The author analyzes the management act and its role in the state registration of real estate ownership and transactions. The analysis of the indications of the management act, the administrative-legal act, and the state registration of real estate ownership and transactions allows developing the new approach toward defining the state registration of real estate ownership and transactions as a legal administrative act of a nonnormative character and individual orientation. The author applies general scientific methods (analysis, synthesis, the system-structural and functional approaches), and special methods of jurisprudence (comparative-legal, formal-logical and other methods of scientific cognition). The special contribution of the author is the consideration of the state registration of real estate ownership and transactions as an administrative legal act of a nonnormative character, individual orientation, and constitutive effect, which is implemented through the “special authorized public agency”; thus, it is the administrative (managerial) process.

DOI: 10.7256/2454-0595.2016.2.67407

Keywords: real estate, management act, registration of ownership, administrative-legal act, legality, bylaw, element of law, legal act, evidence act, administrative legal relations

DOI: 10.7256/2454-0595.2013.4.62533

Abstract: The article is devoted to the development of the institution of public services in European Union member states and Russia. The author of the article analyzes contradictions and drawbacks of the Russian legislation in this sphere. Based on foreign experience, the author justifies the grounds for a wide approach to interpretation of public services and their basic division into economic and non-economic services.

Keywords: pubic service, general service, state service, municipal service, administrative service, social service, universal service.

DOI: 10.7256/2454-0595.2014.4.11604

DOI: 10.7256/2454-0595.2014.4.64183

Abstract: The article provides a detailed analysis of consecutive steps taken by the legislator for taxpayer registration improvement. An important direction of this improvement is simplification of tax reporting and bringing it closer to accounting, improving the quality of tax administration, implementation of measures against tax evasion. Based upon the analysis of changes in the tax legislation it is shown in the article that the information on taxpayers, which arrives to the tax bodies is one of the constituent elements of the unified tax monitoring system, which is necessary due to the formation of the specialized functionally oriented following system, information guarantees and optimization for the greater efficiency of the tax system. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Currently in Russia there is a legal basis for the modern system of taxpayer reporting. The pillar of this system is Part 1 of the Tax Code of the Russian Federation, which legislatively provided for the procedure of taxpayer reporting, principles of its organization, regulating norms and responsibility for the tax offences within the reporting system. According to Art. 83 of the Tax Code of the Russian Federation for the purpose of tax control natural persons and legal entities should be reported at the tax body at the place of residence of a physical person, or at the place, where the organization or its filial offices are situated, and also at the place where their immovable property and transportation vehicles are situated, etc. as well as on other grounds provided for by the tax legislation.

Keywords: tax, reporting, control, levy, tax, fine, regulation, arrears, fines, taxpayer.

DOI: 10.7256/2454-0595.2015.4.13344

Abstract: The subject of the research is the concept of public individual on the base of the Code of Administrative Offences of the Russian Federation and its description. The author compares the notions of "public individual" provided by the Criminal Code of the Russian Federation and the Code of Administrative Offences. The author analyzes the explanations of the plenum of the Supreme Court of the Russian Federation related to the criteria which allow rating a person who has committed a crime as a public individual and this person's difference from other state public officers. The author uses the dialectic and juridical methods of analysis, compares criminal and administrative legislation, carries out the empirical synthesis of public individual definitions on the base of court practice. The scientific novelty of the research lies in the private opinion about the criteria defining the concept of "public individual" on the base of administrative legislation. Particularly, the author offers not to associate the notion of public individual as provided in the article 2.4 of the Code of Administrative Offences of the Russian Federation with the offense committed, since it causes particular problems with the qualification of acts committed by this category of persons and the institution of administrative proceedings against them.

Keywords: crime, offense , functions, competences , authority, state, position, person, definition, guilt

DOI: 10.7256/2454-0595.2015.4.66308

Keywords: crime, offense, functions, competences, authority, state, position, person, definition, guilt

DOI: 10.7256/2454-0595.2014.5.11945

DOI: 10.7256/2454-0595.2014.5.64242

Abstract: The article concerns stages of development and nature of administrative law as reflecting the political and historical specificities of the Russian state, the author discusses the problems of singling out administrative law as a separate branch of law. The author provides historical legal analysis of the problems regarding development of the science of administrative law. The author analyzes the main features of internal development of the forms of management and administration of the state administration system, regulation of state administration by the state, development of norms, definition and science of administrative law. The article contains analysis of object and system of administrative law in various historical periods. The study of history of development and formation of administrative law via the comparative analysis methods facilitates comprehensive scientific understanding and theoretical substantiation of existing administrative law, as well as the stages of its development, which is important for the active development of new theoretical legal and legislative instruments for the regulation of relations, appearance of new disciplines, sub-disciplines and institutions of the legal system. The article also involves diachronic comparison methods. The author studies police and administrative legislation of Russia in XVIII–XIX centuries, comparing the stages of development of the Russian administrative legal thought in XVII — early XX centuries. The author then draws conclusions on the development of administrative legal science regarding definition of its object, methodology, system, formation of the main administrative law categories. For the comparison purposes the author takes the Russian legal system (internal comparison), allowing for the general characteristics of the certain existing Russian legal system. In order to study administrative legislation the author uses Russian legal system and the police law of Germany, since the science of administrative law in Russia appeared and developed under the direct influence of the Western European law and literature. Depending on the objects of studies comparison is made at various levels. The author provides texts of the norms, that are being compared, providing comparison of the norms of XVII–XIX centuries and current norms (microcomparison). In additional the author uses comparison of legal institutions (branch comparison) in regard of the legal system in general and studies of the social factors. The normative comparison includes comparison of similar legal norms, institutions, legislative acts, existing terminology, normative comparison. The studies of definition and changes in the administrative law from the standpoint of historical specificity of Russia is due to understanding that regulation of social relations in the sphere of state administration may only be understood when stages of its developments are duly comprehended. The study of history of development and formation of the administrative law, history of administrative legal thought of Russia facilitates the most complete scientific understanding and theoretical substantiation of the formed administrative law, stages of its development, which is important for the development of new theoretical legal and legislative instruments for the regulation of relations, appearance of the new disciplines, sub-disciplines and institutions in the legal system. This is what practical value of this work is concerned with. The scientific historical and legal literature has insufficient amount of studies devoted to these issues. Some aspects of the issue are studied only within the science of history of state and law, where they are traditionally viewed for each historical epoch and period of development of the state and law independently. That is why topicality of the historical legal analysis of administrative law, which in the end may facilitate the historical development, finding the comprehensive approach towards the current administrative legislation in Russia, is so relevant, since the choice of literature on the history of administrative law of Russia is rather scarce.

Keywords: administrative law, police law, state administration, cameral science, singling out administrative legislation, branch of law, Russian jurisprudence, internal administration law, executive branch, police.

DOI: 10.7256/2454-0595.2014.6.11569

DOI: 10.7256/2454-0595.2014.6.64980

Abstract: The administrative law literature provides many definitions of administrative law. The authors of these definitions reflected their understanding of the object and method of administrative law, as well as their understanding of definition of its object. Many scientific works and teaching manuals use the terms, such as “public administration”, “public administrating”, “state administration”, “public management”. Often these terms are confused and substituted for each other, and none of these terms is legislatively provided for. The article contains analysis of various approaches towards substantiation of the state activities in the sphere of executive government and legal construction of the term “public administration”, and its definition is offered. In this article the public administration is defined through the activities of the bodies and organizations, having (or being vested with) state powers for the implementation and protection of subjective public rights of private persons and entities. The activities also involve development and implementation of the state policy, normative legal regulation, provision of public services, managing public property, law-enforcement activities, control and supervision. At the same time such activities are executive and administrative by their nature and they are based upon the law and are aimed at its implementation.

Keywords: legal construction, public administration, public administering, public management, subjective public rights, private parties, activities, state administration, administrative law, provision of public services.

DOI: 10.7256/2454-0595.2015.7.15801

Abstract: The article focuses on rights and freedoms of man and citizen in the Russian Federation which are considered from the standpoint of the general systems theory as an integral interrelated system; the author reveals the internal patterns of its development, the key hierarchical sub-system levels, and some mechanisms of the system links. On the base of the analysis the article considers the historical mutability of the scientific and practical understanding of the system of rights and freedoms of man and citizen. The author analyzes the perspectives of enhancement of constitutional legalization of the system of rights of man and citizen in the Russian Federation in the context of the Russian legal statehood development. The methodology of the research is based on the dialectical method of reality cognition, and the set of the general scientific methods (the logical method, an abstract to concrete shift in thinking, etc.) and the special scientific methods of cognition (comparative jurisprudence, the systems and structural analysis, interpretation of law, etc.). The scientific novelty of the research lies in the substantiation of untimeliness of the Constitution enhancement from the standpoint of the constitutional legalization of the system of rights and freedoms of man and citizen in Russia. The author also assesses the perspectives of enhancement of constitutional legalization of this system of rights in the context of development of the Russian legal statehood.

Keywords: rights and freedoms, man, citizen, system of rights, main sub-systems of rights, system links, legal statehood, enhancement of the Constitution, hierarchy, limitation principle

DOI: 10.7256/2454-0595.2015.7.66654

Keywords: rights and freedoms, man, citizen, system of rights, main sub-systems of rights, system links, legal statehood, enhancement of the Constitution, hierarchy, limitation principle

DOI: 10.7256/2454-0595.2016.8.19693

Abstract: The research subject is customs control as a complex phenomenon including a set of long-term measures of customs agencies, covering customs operations and customs procedures, having a complex object and subject. The author considers the role and importance of customs control classification which allows one to systematize the knowledge about customs control, simplify interpretation and understanding of its essence, improve the theoretical basis, and raise the effectiveness of law enforcement activity of customs agencies. The research methodology is based on the analysis of the current customs legislation and scientific literature in the sphere of customs law. The author applies the dialectical method, analysis, synthesis, deduction and induction, the comparative-legal and system-structural methods and system analysis. The author defines customs control classification criteria allowing one to define the limits of customs control, its object and subject. The author develops her own classification of customs control based on the logical sequence of customs operations and procedures and customs control timing, and the classification based on the main purpose of customs control. The scientific novelty is conditioned by the absence of studies in this sphere or their insufficiency.

Keywords: customs operations, prohibitions and restrictions, customs and tariff regulation, purpose of customs control, preliminary declaration, classification, customs control, customs procedure, public interest, forms of customs control

DOI: 10.7256/2454-0595.2016.8.68030

DOI: 10.7256/2454-0595.2016.9.20079

DOI: 10.7256/2454-0595.2016.9.67975

Abstract: The article studies theoretic and legal aspects of administrative and jurisdictional activity of customs authorities of the Russian Federation in the sphere of intellectual property right protection. So far, the administrative law and procedure theory has considered only particular aspects of administrative jurisdiction of customs authorities; administrative and jurisdictional activities of customs authorities in the sphere of intellectual property right protection haven’t been analyzed comprehensively enough. Therefore, the purpose of this article is to define the essence of the concept of administrative and jurisdictional activities of customs authorities in the sphere of intellectual property right protection, its subjects and principles. The research methodology is based on general scientific and specific research methods including the dialectical method, analysis, synthesis, analogy, deduction, the system method and the formal-legal method. The scientific novelty of the study consists in the fact that the author defines the concept of administrative and jurisdictional activity of customs authorities in the sphere of intellectual property right protection, analyzes the system of its subjects and the principles of activity.

Keywords: customs authorities, administrative and jurisdictional activity, intellectual property, administrative jurisdiction, intellectual property objects, customs, protection of rights, Federal Customs Service of the Russian Federation, administrative law, administrative procedure.

DOI: 10.7256/2454-0595.2015.8.16115

Abstract: The scientific article uses the analysis of complex scientific works, including monographs, dissertations, and legal acts. The author describes the doctrinal approachs to the mechanism of legal regulation of state-confessional relations in the science of administrative law; identifies the key issues of freedom of conscience legal support. Particular attention is paid to the characteristics of the concept "state-confessional relations."At present there is a shortage of legal research based on the objective analysis of the complex of normative legal acts of the federal, regional and municipal level and the practice of church-state interaction.The methodology of the research is based on the dialectical method of cognition. The paper presents the analysis of studies carried out by scientists working in the sphere of administration. In order to integrate the methodological approaches of different disciplines the author considers the works of constitutionalists, theorists of law, works in the field of history, political science, and economics devoted to the problems under consideration. The author carries out the content-anaysis of legal documents.The author claims that at present there is no adequate mechanism of state-confessional cooperation on a wide range of socially important issues aimed at promotion of a stable civil peace and harmony in the society for national security purposes.The author notes that the concept of "state-confessional relations" is contained only in six active federal legal acts. The author substantiates the necessity of doctrinal legalization of the grounds of state-confessional policy on the level of federal legislation.

Keywords: religious organizations, public administration, public authorities, science of administrative law, legal regulation, freedom of conscience, state-confessional relations, legislation, law, problems of legal regulation

DOI: 10.7256/2454-0595.2015.8.66794

DOI: 10.7256/2454-0595.2016.10.20760

Abstract: On the base of systematization of the previous approaches to the problem, the authors attempt at analyzing the concept and the essence of the administrative regulation mechanism. The authors describe the existing general theoretical and special approaches to defining the concepts “legal regulation mechanism”, “administrative legal regulation mechanism”, helping develop a unified authors’ definition of the concept under consideration. The authors detect and characterize the specific features of the administrative legal regulation mechanism: compulsory legal consolidation; a specific purpose; a system and a complex character; a special structure and connection with legal procedures. The authors apply various general scientific methods of scientific cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The study has both general theoretical and conceptual character; it is a complex interdisciplinary study aimed at developing the general theory of legal mechanisms and defining the specificity of the administrative legal regulation mechanism. The authors compare scientific approaches to the understanding of the concept and the essence of the “administrative legal regulation mechanism” category, develop and demonstrate its unified definition, detect and describe its specific features.

Keywords: legal regulation object, special structure, system character, complex character, specific purpose, legal procedure, legal means, state mechanism, legal regulation mechanism, legal mechanism

DOI: 10.7256/2454-0595.2016.10.68250

Keywords: legal regulation object, special structure, system character, complex character, specific purpose, legal procedure, legal means, state mechanism, legal regulation mechanism, legal mechanism

DOI: 10.7256/2454-0595.2013.10.9651

DOI: 10.7256/2454-0595.2013.10.9655

DOI: 10.7256/2454-0595.2013.10.9719

DOI: 10.7256/2454-0595.2016.12.21316

Abstract: The research subject includes the causes and conditions of commission of administrative offences via the Internet, the practice of administrative norms implementation for the detection and elimination of causes and conditions of administrative offences commission. The research object is social relations in the sphere of prevention of administrative offences on the Internet. Special attention is given to the characteristic of the subjects of administrative offences, their age, gender, social status and motives, which are studied on the base of the analysis of judicial practice of the Russian Federation on administrative offences, committed via the Internet. The research methodology is based on the set of general scientific and special methods of cognition (historical, comparative, statistical, empirical, analytical, system methods, analysis and synthesis). The scientific novelty of the study consists in the fact that this is the first delictological study of administrative offences, committed via the Internet, containing the characteristic of their subjects. The author comes to the conclusion that to eliminate the causes of administrative offences, it is necessary to assume the set of measures for the improvement of the state policy aimed at the prevention of offences committed via the Internet.

Keywords: judicial practice , analysis, statistics, prevention, administrative offence, Internet, characteristic, delictology, personality, offender

DOI: 10.7256/2454-0595.2016.12.68519

Keywords: judicial practice, analysis, statistics, prevention, administrative offence, Internet, characteristic, delictology, personality, offender

DOI: 10.7256/2454-0595.2013.10.9717

DOI: 10.7256/2454-0595.2013.10.9765

DOI: 10.7256/2454-0595.2015.10.16405

Abstract: The subject of the article is the range of problems of legal and theoretical understanding of service law as a structural element of the system of administrative law. The author summarizes the results of scientific discussion about service law and concludes that service law is not a sub-branch of administrative law; public service is still one of the fundamental institutions of administrative law. The author analyzes the concepts of service law from the position of administrative-legal regulation of employer-employee relations in Russia. The article presents the author’s positions on the public service concept. The main attention is paid to the development of methodology of administrative-legal regulation of employer-employee relations. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present there are no grounds for service law formation. The author substantiates the conclusion that service law is not a sub-branch of administrative law, and public service is still one of the fundamental institutions of administrative law. The novelty of the research lies in the suggestions about the theory and the system of administrative law development.

Keywords: right, Institute, sub-sector, norm, system, service, discussion, the state, the official, regulation

DOI: 10.7256/2454-0595.2015.10.66962

Keywords: official, state, discussion, service, system, norm, sub-branch, institution, law, regulation

DOI: 10.7256/2454-0595.2013.11.9867

DOI: 10.7256/2454-0595.2013.11.9791

DOI: 10.7256/2454-0595.2013.11.9670

DOI: 10.7256/2454-0595.2014.11.12449

DOI: 10.7256/2454-0595.2014.11.65673

Abstract: One of the problems in the general theory of law is the substance of the relationship at law. In Russian jurisprudence, methodological approaches of researchers are identical in terms of acceptance of the unity of form and substance when solving this theoretical scientific problem. However, consistent development of the concept of indivisible unity of the factual material substance and the legal form was stopped as a result of the domination of the formal legal methodology formed in the middle of the 20th century thanks to the efforts of Leningrad legal school, Ural and Saratov scientific school of law. The material law approach was demonstrated by Moscow legal scientists. The analysis of a number of sources makes it possible to see the collisional nature of the traditional arguments and certain gaps in the scientific reasoning of the views on the substance of the relationship at law. In particular, the combination of mutual rights and obligations of the subjects of the relationship at law is a conditional, logical legal and unrealized mutual connection in which the public will is expressed for due behavior in social relations. However, it is viewed as the substance of the relationship at law. The logic of the philosophical legal speculation leads to the conclusion that in this case, the irreal is deemed to be identical to the real, the ideal replaces the material in the social life. The legal reality is also rich in examples which do not fit with the outlines of the superstructural model of the relationship at law. The author finds it reasonable to set the question of additional research into the pre-requisites of the relationship at law and believes that the relationship at law is characterized by the following substance: the aggregate of the interdependent acts of willful legal behavior of participants; the realized or protected right as a result of directional behavior in the relationship at law of the passive and active type respectively. Without the purpose component, the substance of the relationship at law does not have its conceptual completeness. Consideration of this problem convinces the author that it is necessary to revise the theory of the relationship at law on the basis of both wrongfully forgotten and new achievements of the legal science. When working on the material, the methods of substance legal analysis and synthesis, theoretical interpretation and dialectical logic methods were used. The scientific novelty lies in its critical evaluation and development of the views on the structure of the relationship at law on the basis of conflicting provisions of the formal legal and material legal approaches, development of the author’s own basis for the structure and elements of the relationship at law (legal form, material legal substance, subjects, object and matter of the relationship at law), including the substance of the relationship at law.

Keywords: Protected right, general theory of law, social relation, pre-requisites for relationship at law, realized right, substance of relationship at law, rights and obligations, theory of relationship at law, actual substance of relationship at law, legal form.

DOI: 10.7256/2454-0595.2013.12.10316

DOI: 10.7256/2454-0595.2013.12.63632

Abstract: The article is devoted to the problems of formation of criminal oligarchy model of raw materials economy. The economic losses of Russia due to the shock therapy of 1990s are comparable to the losses of the Civil War and the Hitler’s invasion. T hese losses are formed by devastation of enterprises due to criminal privatization, outflow of capital, and loss of opportunity for reproduction of capital stock due to termination of longterm credit. These losses keep growing under the influence of mechanism of non-equivalent economic exchange, which is supported by the policy of accumulation of currency reserve abroad with an insignificant interest rate, while acquiring much more expensive foreign credits. These losses are also complemented by the loss of national control over the large-scale enterprises, which are taken to off-shore zones, making the independent development of Russian economy impossible and threatening the sovereignty of the state.

Keywords: assembly, law, state, problem, choice, crisis, management, downswing, topical, perspective.

DOI: 10.7256/2454-0595.2015.12.17031

Abstract: The subject of the research is a sphere of social relations of groups of citizens in their legal sense. The object of the research includes rights of citizens as the elements of the society in the countries of Latin America. The author examines such aspects of the topic as the rights of the most vulnerable groups of citizens in the period of transformation of economic structures. Special attention is paid to religious factors including the transformation of a specific religious weight in the countries of Latin America in the last 20 years. The author applies the system tridimensional analysis, based on the principles of deductive-inductive methodology, described in the scientific works in the field of jurisprudence, using the example of Latin America. The author derives the results about a significant differentiation of rights of Latin American citizens depending on different social strata, and the increase of these differences during the late 20 years. The author’s special contribution is the consideration of a religious factor in the development of the society and the evolution of a confessional feature. The novelty of the research lies in the consideration of issues of collective rights from the position of sociological, legal and political sciences.

DOI: 10.7256/2454-0595.2015.12.67146

Keywords: Jurisprudence, Columbia, Positivism, The twentieth century, Spain, Latin America, collective rights, science of law, New movements, Civil law

DOI: 10.7256/2454-0595.2014.12.12503

DOI: 10.7256/2454-0595.2014.12.65805

Abstract: The research subject of this article is the current question of demilitarization of the penal enforcement system of the Russian Federation. The objective of this work is provide a comprehensive analysis of various aspects of the demilitarization of the penal enforcement system, give a definition for this concept, identify the problematic questions related to its implementation and to suggest methods for their resolution. The author gives the view of the historical formation of the punishment execution system in Soviet Russia in the form of a militarized organization. It is shown that various sources name gradual demilitarization as one of the directions of improving the penal enforcement system in the current situation. During his work, the author relied on the modern research methods identified and developed by legal theory and tested out by legal practice. To name a few, when analyzing the research subject, he used the specific scientific methods: historical, logical, linguistic, systematic and structural and comparative legal methods. The scientific novelty is due to the fact that this is one of the first works devoted to the comprehensive analysis of the demilitarization of the penal enforcement system of the Russian Federation. The scientific research performed enabled the author to give, on the basis of the analysis of the demilitarization covered in literature, legal and conceptual documents, experience of it implementation in the penal enforcement system and in other types of militarized service in Russia, a wording for its definition and suggest separating out, within the structure of institutions, authorities and pretrial detention facilities of the Russian Federal Service for Execution of Punishment, division of penitentiary police. In this work, the demilitarization of the penal enforcement system is considered three major changes: 1) not building individual divisions, services of institutions and bodies of the penal enforcement system as a state militarized organization: 2) giving up certain law enforcement functions typical of state militarized organizations; 3) not forming the public service in the penal enforcement system as a type of military service. As a result of this research, the author makes the conclusions that certain measures aimed at demilitarizing the penal enforcement system in Russia were taken in the 90s of the 20th century and further steps need to be implemented gradually, in a phased manner. Demilitarization requires great attention because foreign and Russian experience shows that it may result in some negative consequences.