Administrative and municipal law - rubric Administrative process and procedure

Abstract: This article explores the following aspects: increase in the number of audits of small and medium-sized businesses; information awareness of small and medium-sized businesses about the reform of the means of control and supervision in the Russian Federation; availability of information on mandatory requirements. The year 2019 was transitional, and its results allowed assessing the effectiveness and forecasting the prospects of the reform of control and supervision activity. The scale of the ongoing reform is enormous. However, it remains relevant whether the small and medium-sized businesses are informed about such transformations The scientific novelty consists in tracing the interrelation between dissatisfaction among the representatives of small and medium-sized businesses with the implemented control and supervisory activity and their awareness of the reform in the Russian Federation, as well as the availability of information on mandatory requirements. The conclusion is made on the need to develop and implement the project aimed at informing small and medium-sized businesses about the implementation of the reform of the means of control and supervision in the Russian Federation, as well as the conditions for their operation within the framework of the reform. The author also offers to introduce the system of common register of mandatory requirements and guidelines for their observance in accordance with the type activity on the single web portal with the option of the first-party audit.

Keywords: digitalization, single information portal, business checks, risk oriented approach, regulatory guillotine, information availability, mandatory requirements, reform of control and supervision activities, business entities, violation prevention

DOI: 10.7256/2454-0595.2022.1.30812

Abstract: The subject of the article is the norms of legislation on administrative offenses: the Code of the Russian Federation on Administrative Offenses, the Constitution of the Russian Federation, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950, regulating the principles of proceedings in cases of administrative offenses. The author carried out a comparative analysis of scientific views on the ways and forms of fixing the principles of proceedings in cases of administrative offenses, as well as the relationship of the concepts of "rule of law" and "legal principle". The methodological basis was made up of general scientific methods of cognition: analysis, synthesis, comparison and private scientific methods of cognition: formal legal, comparative legal. The author notes the special position of the principles of proceedings in cases of administrative offenses as regulatory entities and comes to the conclusion about their importance for the regulation of proceedings in cases of administrative offenses. The article substantiates the position on the need to distinguish between the legal principles of proceedings in cases of administrative offenses, enshrined in the legislation on administrative offenses and the principles of a non-legal nature existing in the science of administrative law. The opinion is expressed that the objectification of the principles of proceedings in cases of administrative offenses in the legislation on administrative offenses is carried out through textual and semantic methods of normative expression.

Keywords: ways of expressing principles, the role of principles, administrative offense, administrative responsibility, the importance of principles, signs of principles, forms of consolidation of principles, proceedings on cases, principles, administrative process

DOI: 10.7256/2454-0595.2013.7.8901

DOI: 10.7256/2454-0595.2018.7.27007

Abstract: The subject of the research is the administrative procedure for competition protection in the Balkan States and Russia. The object of the research is the activity of competition protection authorities as part of administrative procedures initiated as a result of competition protection laws being violated. In her research Milchakova analyzes the definition of 'antimonopoly process' and describes stages of proceedings for competition protection, paying special attention to comparing administrative procedures applied by competition protection authorities in the Balkan States adn Russia. In the course of her research the author of the article has used methods of analysis, synthesis and generalisation being primarily based on the comparative law method. The main conclusion of the research is that administrative procedures for competition protection in the Balkan States and Russia have both similar elements (initiation of a proceeding and particular stages of consideration of a case and decision making) and essential differences (the rights of competition protection authorities to introduce protective measures and to approve of obligation to eliminate competition violations voluntary undertaken by a defendant himself or herself, unity of administrative procedures for determination of infringement and application of administrative sanctions. The author's special contribution to the topic is her definition of 'administrative process for competition protection' and stages of administrative process for competition protection. This contributes to the development of the theory of competition law.

Keywords: theory of competition law, antimonopoly process concept, administrative procedures, antimonopoly process stages, competition law, competition violation, Balkan countries, competition, competition protection, antitrust process

DOI: 10.7256/2454-0595.2014.1.9884

DOI: 10.7256/2454-0595.2014.1.63944

Abstract: A significant share of environmental offences and grievous harm to environment caused by them determine topicality of the analysis of the problems in the sphere of evidence and proof in administrative cases on environmental offences. The article includes analysis of the event of an administrative offence and its constituent elements, and the event is included within the scope of proving on in an administrative case. The author singles out material legal and procedural value of establishing place, time, means and other circumstances of an administrative offence. Based upon the analysis of judicial decisions on administrative offence cases in the sphere of environment protection the author points out the need to fully and precisely define the event of an offence. The author pays attention to the judicial practice on the cases on termination of the proceedings in administrative offence cases due to the lack of detailed description of the event of an offence. Based upon the study the author formulates propositions for the improvement of the current administrative legislation.

Keywords: administrative responsibility, proceedings on a case, object of proof, circumstances due for proving, place of offence, time of offence, means of committing an offence, other circumstances, proving.

DOI: 10.7256/2454-0595.2017.6.23400

Abstract: The research object is the correlation between such concepts as administrative procedure and customs procedure. The concept of customs procedures is one of the key ideas of customs legislation. The author raises the problem of defining the correlation between administrative and customs procedures in the current legislation and fundamental science. To solve this problem, the author singles out the legal and doctrinal concepts of customs procedure and offers positioning these concepts within the formula: administrative procedures – administrative procedures of customs law – customs procedures. The research methodology includes general scientific methods, such as the historical and system methods and analysis and specific methods of jurisprudence, primarily the formal-logical, which allows defining legal notions and detecting their characteristics. The author formulates the provisions about the correlation between the concepts of administrative procedure and customs procedure, raises the problem of their correlation within the legislative framework and fundamental science. The scientific novelty consists in the proposed formula of correlation of these concepts. The author elaborates the classification of administrative procedures in the sphere of customs legislation, which are the varieties of administrative procedures.

Keywords: Customs Code, licensing procedures, customs registration, administrative procedure, control and supervision procedures, customs bodies, customs case, customs regime, customs procedure, administrative procedures

DOI: 10.7256/2454-0595.2014.1.10570

DOI: 10.7256/2454-0595.2014.1.63945

Abstract: Based upon the comparative analysis of legal practice the author analyzes topical issues regarding implementation of a number of provisions of the Administrative Offences Code of the Russian Federation regulating the proceedings on administrative offences cases in part of the appeals, and the cases when the decision is terminated and the case is returned for the new proceedings, and also the situation when the court establishes that the primary decision was terminated by a higher instance administrative body (official) after taking up an appeal. In the process of the studies the author used the general scientific methods (formal logic, systemic method, analysis) and the specific legal scientific methods (comparative legal studies, formal legal method, etc.). Based upon the results of the study the author offers possible solutions for the topical problems regarding application of procedural provisions of the Administrative Offences Code of the Russian Federation and also makes proposals for the amendments to the Code in order to fill the gaps and to unify the practice of its application.

Keywords: court, administrative offence, appeal, review, resolution, administrative body, procedural violation, return of the protocol, restoring the procedural period, injunctions.

DOI: 10.7256/2454-0595.2020.6.33587

Abstract: This article explores the question of sources of judicial administrative procedure law of the Russian Federation. Attention is turned to the special role of the Constitution of the Russian Federation among other sources of this branch of law, since its provisions are basic for the development of judicial administrative procedure in modern Russia. Emphasis is made on the Chapters 2, 3 and 7 of the Constitution of the Russian Federation, the prescriptions of which develop in the Code of Administrative Procedure of the Russian Federation. From the administrative and procedural perspective, the author analyzes the results of the constitutional reform of 2020, which put to the forefront the question on the Constitution as primary source of the Russian public law. The main conclusion the conducted research consists in specification of thesis on the Constitution as a source of judicial administrative procedure law in the provision that the constitutional text views administrative proceedings as equal and sovereign form of legal proceedings alongside other forms, the essence of which lies in hearing administrative cases. At the same time, the Constitution employs the term “administrative procedure legislation” that implies a set of normative legal acts, which serve as the basis for the activity of judicial authorities with regards to hearing administrative cases. The author gives positive assessment to the results of the constitutional reform of 2020, although notice that certain proposals made by the representatives of public legal science were unimplemented by the legislators.

Keywords: procedural guarantees, procedural legislation, regulatory legal act, administrative code, constitutional reform, constitution, source of law, administrative process, legal proceedings, courts

DOI: 10.7256/2454-0595.2019.1.28622

Abstract: Scientific and technological progress creates the need in a digital transformation of the society which makes lawyers think about ways of developing necessary laws for the digital environment. A new surge of interest in “artificial intelligence”, systems built on neural networks with in-depth training and blockchain technology provokes discussion about the use of intelligent agents in legal proceedings. The object of the research is the procedural relations arising between the participants in criminal proceedings taking into account technological progress. The object of the research is the procedural relations arising between the participants in criminal proceedings taking into account technological progress. The subject of the research is the laws and acts regulating the organization and activities of participants in criminal proceedings. In this article, on the basis of a systematic approach, the authors consider controversial issues related to the possible transformation of the investigator's specialty into its smart software image as an intelligent agent. The main contribution of the authors to the study of the topic is the assertion that this is an idealistic idea that will never be implemented in the activities of law enforcement and judicial authorities. The main conclusion of the study is the thesis about the need to draw attention to the substantially new training of investigative personnel and judges.

Keywords: state-like-platform, digital technologies, expert, investigator, specialist, legal proceedings, intelligent agent, Scientific Judge, blockchain, special knowledge

DOI: 10.7256/2454-0595.2023.1.38572

Abstract: The subject of this work is the study of foreign experience in the normative consolidation of the right of minors to independently make decisions on granting consent to medical intervention. The author notes that, despite the substantial guarantees of prompt consideration of such cases provided for by the Code of Administrative Procedure of the Russian Federation, it is obvious that a delay in the implementation of medical intervention may entail serious consequences. In view of the above, the foreign experience of securing out-of-court procedures for obtaining such consent is of significant interest. The article considers examples of regulatory regulation used in certain European (the Republic of Latvia, the Republic of Serbia) and North American (Canada, the United States of America) states.The article considers examples of regulatory regulation used in certain European (the Republic of Latvia, the Republic of Serbia) and North American (Canada, the United States of America) states. During the research, the author used various methods of scientific cognition, both general scientific: analysis, synthesis, logical and structural-functional, and private scientific: formal legal, legal modeling method and comparative legal. The novelty of the research lies in the fact that the author for the first time in Russian legal science conducted a comparative analysis of the normative consolidation of the right of minors to independently make decisions on granting consent to medical intervention. The author comes to the conclusion that the issue of the need to expand the possibilities of minors to give appropriate consent, in relation to the Russian Federation, requires separate study and in the process of this work, foreign experience may well be taken into account.

Keywords: United States of America, Canada, Republic of Serbia, Republic of Latvia, patients' rights, saving a life, minors, medical intervention, foreign experience, administrative proceedings

Abstract: Based on his studies of the judicial practice and doctrinal sources the author analyzes the powers of the tax bodies on recognizing the deals of taxpayers as null and void, and on changes in the legal qualification of such deals. Then the author gives comparative legal analysis of such deals.

Keywords: deal, taxes, invalidity and nullity of a deal, legal qualification, contract, taxpayer, registration.

Abstract: The author of the present article shows the importance of improvements in legal regulation of customs activity towards implementation of administrative procedures under conditions of the customs union formation and intensive integration of Russia as one common economic space. The author studies scientific approaches to definition of the nature, content and legal importance of the institution of administrative procedures in modern administrative law. Based on the analysis, the author suggests her own approach to definition of administrative procedures implemented by the Russian Federation customs, in particular, their role in harmonization and unification of laws in member states of the Customs Union based on generally accepted standards and international law principles as an essential condition of the common economic space existence.

Keywords: administrative procedures, harmonization and unification of laws, state administration, common trade policy, common economic space, protection of human rights and freedoms, procedure, customs, customs union, federal budget, economic security.

Abstract: The article views approaches to appeal of administration legal acts in legislative and judicial practice of different countries, in particular, admissibility of institutional acts and acts which raise certain doubts in their regulatory and legal nature.

Keywords: regulatory, legal act, administration, institutional, compliance assessment, appeal, foreign, judicial, act, administrative justice, court

Abstract: This article is devoted to the study of legislative innovations prescribing the prosecution agencies to carry out a state statistical recording. The author of the article makes an attempt to define the place of the state statistical recording in a system of the outward functional activity by the prosecution agencies and views the mentioned above institution as an ‘area of activity by the public prosecution’. The author also suggests certain approaches to organization of the described activity.

Keywords: unified state statistical service, prosecution agencies, independent area of activity by the public prosecution, recording of claims and messages about crime, federal statistical monitoring forms, public prosecutors, state of investigating activity, procuracy supervision, statistical authorities

DOI: 10.7256/2454-0595.2017.2.20609

Abstract: The research subject is the provisions of the current Administrative Procedure Rules of the Russian Federation regulating the subject of administrative procedure, administrative lawsuit, the subject composition of administrative plaintiffs and defendants, and the materials of judicial law-enforcement practice connected with the application of the provisions of Administrative Procedure Law in the acceptance of the statements of case. The author considers the specificities of public-law relations, formalized in the Administrative Procedure Rules: the open list of public-law relations and the related polysubject composition of administrative plaintiffs and defendants. The open list of public-law relations, formalized in the Administrative Procedure Rules, proves their dynamic nature. The research methodology is based on modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, and modeling), traditional methods of jurisprudence (formal logical and interpretation methods used for the analysis of the contents of legal rules), and the comparative method used for the comparison of the categories, contained in the Administrative Procedure Rules and the Code of Administrative Offences of the Russian Federation. The author concludes that the Administrative Procedure Rules of the Russian Federation not only formalize the complex classifications of public relations and the composition of their participants, but also denote the tendency to the further differentiation and extension of public relations and their subjects. Essentially, the genesis of administrative procedure legislation development correlates in a greater degree with the scientific tendency of studying administrative lawsuits focusing on their fundamental differences from other types of lawsuits. The author reveals the tendency of correlation between the development of the legislation on administrative procedure and the scientific tendency to study administrative lawsuits focusing on their fundamental differences from other types of lawsuits. The scientific novelty consists in the consideration of the problem of a polysubject composition of the parties to administrative process according to the provisions of the Administrative Procedure Rules, and its comparison with the subject composition of the parties to administrative relations and the subjects of administrative offences.

Keywords: Officials, Classification, polysubject character, Subject composition, Defendant, Plaintiff, Administrative lawsuit, Lawsuit, public servant, Municipal servant

Abstract: The article vies the administrative provision as an act of an executive agency aimed at a better regulation of relations between physical persons and entities on one side and executive authorities on the other side.

Keywords: administrative provision, procedure, process, state service, interaction, function optimization, regulation of relations, executive agency

DOI: 10.7256/2454-0595.2015.1.13929

DOI: 10.7256/2454-0595.2015.1.66039

Abstract: The author analyzes the administrative proceedings of public authorities in the sphere of cultural heritage in some particular cases (harmonization of projects, licensure of preservation works, carrying out historical-cultural expertise, organization of state protection) and the procedure of appeal against these proceedings. The article reveals the essential problems of the process of appeal (legal expertise), of the legislation in the sphere of cultural heritage objects (relating to regulation of particular actions), of the competencies of the authorized bodies (including the abuse of authority). The author uses the general scientific methods: from the abstract to the concrete, induction, deduction, analysis, synthesis, the comparative-legal method, the system approach. The scientific originality is based on the very formulation of the problem in this sphere, in carrying out of the comparative analysis of the existing legislation and the judicial and administrative practice of this legislation application and in the solutions suggested: the necessity of legal expertise in such cases, the prohibition of substitution of the authorized body by the court, the shortening of the list of “discretionary” authorities of a public body, and of the legislative support of some terms.

Keywords: cultural heritage object, appeal, administrative procedure, discretionary authorities, corruption factor, historical- cultural expertise, preservation works, inclusion in the list, subject of protection, restrictions/burdens.

DOI: 10.7256/2454-0595.2013.2.62124

Abstract: The author of the article stresses out that the concept and essence of administrative jurisdiction remains one of the most nettlesome issues both in theory and law-enforcement practice. First of all, it is due to the fact that the term ‘administrative jurisdiction’ hasn’t been legally fixed at the federal level yet, and secondly, to the fact that academic lawyers haven’t come to the mutual agreement about the definition of this term. Such a situation can be in some way explained by the fact that administrative jurisdiction just like civil and criminal proceedings do not form the legal regulations but only allow to use these legal regulations in certain situations.

Keywords: essence, process, jurisdiction, proceeding, procedure, citizen, position, complain, violation of law, enforcement.

DOI: 10.7256/2454-0595.2014.2.10659

DOI: 10.7256/2454-0595.2014.2.63958

Abstract: The studies of administrative legal position of participants of the administrative offence cases shows that the problem of guaranteeing rights and lawful interests of a person in the proceedings on administrative offence cases has several main aspects regarding proceedings on administrative offence cases, application of administrative coercion measures, activities of the state in the sphere of guaranteeing rights and lawful interests of natural persons and legal entities in the administrative legal sphere. The author of the article notes importance of the improvement of the procedural status of the participant of the proceedings on administrative offence cases. The methodological basis for the studies was formed by the modern achievements of cognition theory. In the process of preparation of this article the authors used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The studies of administrative procedural status of the participants of proceedings on administrative offence cases are quite topical. It is due to a number of circumstances, one of which is the fact that for all of the branches of law “legal position of the subject of law” is a key category, revealing a number of substantial legal institutions. Additionally, the development of Russian legislation on administrative offenses may be characterized by a number of contradictions in the Administrative Offences Code of the Russian Federation, which form obstacles for the achievement of all of the goals of the proceedings on administrative offences cases.

Keywords: delict, delictual dispositive capacity, legal personality, transactional capacity, sanction, responsibility, status, participant, punishment, sanction.

DOI: 10.7256/2454-0595.2014.2.9938

DOI: 10.7256/2454-0595.2014.2.63959

Abstract: The article provides characteristics of customs services provided by the customs bodies within the framework of its copyright protection function. Distinguishing the terms “state function” and “state service”, the author singles out the system of customs services (general and specific) within the implementation of copyright protection by the customs bodies. Such services include consulting and provision of information by customs bodies, maintaining the customs register of copyright objects and a number of customs procedures. Efficient implementation of the said function of the customs bodies in the sphere of protection of copyright objects is based upon the combination of the special and general services to the customers, who are first of all the holders of exclusive titles to copyright objects.

Keywords: customs bodies, customs services, functions of customs bodies, customers for customs services, customs register, information, consulting, administrative regulation, quality of customs services, copyright object.

DOI: 10.7256/2454-0595.2016.3.16114

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of the procedure executed in the sphere of internal affairs. The author analyzes the concepts of legal regulation of procedural activities within the system of the Ministry of Internal Affairs of the Russian Federation. The paper presents the author’s positions on the category “administrative procedure”. The main attention is paid to the development of methods and methodology of administrative regulation of positive relations in the sphere of internal affairs. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal-logical), and the methods of specific sociological research (statistical, expert assessment, etc.). The author comes to the conclusion that at present, in order to ensure law and order in the sphere of internal affairs, it is necessary to improve forms and methods of administrative regulation of procedural activities. The author claims that it is necessary to develop administrative regulation in the sphere of internal affairs. The novelty of the research lies in the proposals to develop forms and methods of administrative regulation in the sphere of internal affairs and to provide for legal and organizational guarantees of legality in the sphere of internal affairs.

Keywords: procedure, scheme, process, Ministry of Internal Affairs, internal affairs bodies, police, sevice, regulation, employee, improvement, regulations, procedure, the process, MIA, ATS, police, service, regulation, employee, improvement

DOI: 10.7256/2454-0595.2016.3.67522

DOI: 10.7256/2454-0595.2015.3.13044

Abstract: The subject of the research includes administrative procedures within the custom authorities' fulfilment of the state function of custom registration of intellectual property objects by the Federal Custom Service of Russia. The function in question includes a range of administrative procedures connected with receiving and consideration of the rightholders' applications, registration of intellectual property objects, excluding them from the Custom Register, amending of the Register, publication of the Register, informing custom authorities and interested parties of the Register, interaction between custom authorities and state authorities, citizens and organizations on the issues connected with the Register. The methodology of the research is based on the analysis of normative-legal acts in the sphere of transboundary protection of intellectual property rights and on the problem-chronological and structural methods. The novelty of the research lies in the fact that the author is the first who considers administrative procedures of custom authorities in the process of fulfilment of the function of intellectual property rights protection on the base of the mechanism of work with the Custom Register of Intellectual Property Objects of Russia. On the base of the research the author offers the measures of administrative procedures optimization. In the conclusion the author offers the directions of enhancement of the administrative procedures in question which can give the opportunity to simplify the interrelations between rightholders and custom authorities and to improve the efficiency of the existing mechanism of transboundary protection of intellectual property objects by custom authorities.

Keywords: custom authorities, administrative procedures, Custom register, Federal Custom Service of Russia, intellectual property, administrative regulation, Rospatent, optimization, rightholder, trademark

DOI: 10.7256/2454-0595.2015.3.66233

DOI: 10.7256/2454-0595.2015.3.14310

Abstract: The article is devoted to the analysis of the principle of competitiveness in the proceedings on administrative offences. The author pays special attention to the problems of implementation of this principle in the proceedings on administrative offences in the sphere of antimonopoly legislation. The methodology of the study is based on accumulation of general and special scientific methods and techniques used in juridical science in general, namely the dialectical, historical, structural and systematic, comparative legal, statistical, formal and logical analysis and the system method. The scientific novelty of this study lies in the fact that the author attempts to analyze the influence of the principle of competitiveness on the proceedings on administrative offences cases as well as to identify the problems of implementation of the principle of competitiveness during the implementation of administrative-jurisdictional process by the authorized bodies of executive power, in particular when considering the antitrust legislation violation case by the Commission of the Antimonopoly body.

Keywords: administrative process, administrative jurisdiction, administrative offence, antimonopoly regulation, principles, process, compettitiveness, proof, problems of implementation, principle of competitiveness

DOI: 10.7256/2454-0595.2015.3.66234

DOI: 10.7256/2454-0595.2016.4.16742

Abstract: The research subject is the stage of initiation of an administrative case. The research object is a pretest of information containing the essential elements of an administrative offence. The author considers such aspects of the topic as the stage of the pretest of information about the committed administrative offence and the order of activities of the subjects of administrative jurisdiction in this situation. Special attention is paid to the meaning of the elements of an administrative offence at the moment of deciding about the essence of the pretest of information containing the essential elements of an administrative offence. The author applies the methods of empirical, experimental-theoretical, and theoretical levels, i.e. comparison, generalization, analysis and synthesis, analogy, interviewing, and the logical method. The author comes to the following conclusions: the provisions of particular departmental statutory instruments, related to the order of consideration of reports and requests about administrative offences, contradict the provisions of the Code of Administrative Offences of the Russian Federation; there exists a legal gap hampering the definition of the period of duration of a pretest of actions (inactions) of persons for the purpose of detecting the essential elements of an administrative offence; an administrative case can be initiated, provided that there is a legal reason and information related to an objective side of the elements of an administrative offence, including the object and the objective side, but most factors, defining the moment when an administrative case is initiated, require the presence of a subject of an administrative offence. The scientific novelty lies in the study of changes in the legislation concerning the proceedings on the stage of an administrative case initiation.

Keywords: administrative proceedings, elements of an administrative offences, reports and requests, pretest stage, instruction, response time, procedure of requests consideration, limitation period, parties of the proceedings, procedure

DOI: 10.7256/2454-0595.2016.4.67632

DOI: 10.7256/2454-0595.2016.4.18299

Abstract: The paper contains the analysis of the foreign experience of normative consolidation of the possibility to consider the cases of recourse against decisions, actions, or inactions of administrative bodies, related to the claims for indemnification, within administrative proceedings. The author studies the cases of Argentina, Armenia, Bulgaria, Georgia, India, Spain, Italy, China, Latvia, Lithuania, Portugal, Ukraine, France, Switzerland, and Estonia, and comes to the conclusion the most of them use the provision allowing considering the claims for indemnification for damage caused by decisions, actions, or inactions of administrative bodies or authorities together with the cases about declaring them illegal, i.e. within the same administrative process. The methodology is based on the methods of analysis and synthesis, the system and comparative-legal methods. The author analyzes the statutory instruments of foreign states and comes to the conclusion about the necessity to amend the Administrative Court Procedure Code of the Russian Federation with the provisions stipulating the possibility to consider the claims for indemnification of damage caused by the disputed decisions, actions, or inactions in the sphere of administrative or other public legal relations within administrative proceedings.

Keywords: Administrative Court Procedure Code of the Russian, compensation of harm, foreign experience, administrative proceedings, Argentina, Armenia, Bulgaria, Georgia, Spain, France

DOI: 10.7256/2454-0595.2016.4.67633

Keywords: Administrative Court Procedure Code of the Russian, compensation of harm, foreign experience, administrative proceedings, Argentina, Armenia, Bulgaria, Georgia, Spain, France

DOI: 10.7256/2454-0595.2016.5.17348

Abstract: The research subject is the range of issues of law enforcement activities of administrative and jurisdictional bodies in the context of adoption of the Administrative procedure code of the Russian Federation. The adoption of a new codified statutory instrument is an uncommon happening for the Russian law. But some practical matters are already appearing in the enforcement of this Code. The author considers such issues as the practice of conflict resolution between citizens and organizations, their legal nature, statistical analysis and judicial practice. The author applies such general scientific methods as dialectics, analysis, synthesis, deduction, induction. The author also applies specific scientific methods including comparative-legal, system-structural, and the system analysis. The author concludes that, despite the fact that the Code contains significant and interesting legal novels, the adopted Code hasn’t been completed. It doesn’t provide for the balance of public and private interests, and it is narrow. The Administrative procedure code needs a substantial enhancement.

Keywords: scope of regulation, appeal, conflicts, private interests, public interests, balance of interests , act contestation, Administrative procedure code, administrative law, jurisprudence

DOI: 10.7256/2454-0595.2016.5.67703

Keywords: scope of regulation, appeal, conflicts, private interests, public interests, balance of interests, act contestation, Administrative procedure code, administrative law, jurisprudence

DOI: 10.7256/2454-0595.2016.5.17400

Abstract: The research subject is internal control of the activities of customs bodies of the Russian Federation, its legal regulation, directions and time frame, and the comparative analysis of internal and customs control. The author pays attention to the correlation between customs and internal control as the forms of government control. The common element for the both forms of control is the subject of control represented by a customs body. At the same time, the objects of customs and internal control, their objectives and consequences are different. Moreover, the paper defines the notion of external control which should be applied together with the internal one. The research methodology is based on the analysis of the current customs legislation and the scientific literature in this field. The author applies historical and comparative-legal methods. The author formulates the provisions about the correlation between customs and internal control and the balance between them as a basis for ensuring legality in the work of customs bodies of the Russian Federation. The author outlines the common features and the peculiarities of customs and internal control and comes to the conclusion that the observance of rights of the participants of customs legal relations is possible given that the optimal balance between internal and external control of the activities of customs bodies is preserved.

Keywords: control time frame, customs legislation, legality, subjects of control, objects of control, government control, external control, customs bodies, customs control, internal control

DOI: 10.7256/2454-0595.2016.5.67704

Keywords: control time frame, customs legislation, legality, subjects of control, objects of control, government control, external control, customs bodies, customs control, internal control

DOI: 10.7256/2454-0595.2015.5.13446

Abstract: The subject of the research is the goods which have been under customs supervision for a long period of time. The goods kept in holding are sometimes put under customs supervision with the violation of the set time. In order not to keep such goods endlessly, actions should be taken to launch them out of the storehouse and to dispose of them. The disposal can be implemented in three ways: on the base of civil, administrative, and customs law. On the base of the study of different ways of disposal the author notes the positive and the negative sides of each of them. The author outlines the difficulties of realization of this procedure due to the certain regulations discordance with each other. Each of the branches of legislation contains special procedure of such goods disposal. The article studies the procedures of disposal specified in different branches of legislation and compares them in accordance with their results and methods. The author compares the procedures, notes their advantages and disadvantages. The main procedure is recognition of goods as waifs. This procedure takes a lot of time and not necessarily leads to the recognition of the property as ownerless. The use of more simple “administrative” procedures is limited. The courts not always confiscate such goods, not all the types of administrative offences entail sanctions in the form of confiscation. The implementation of international regulations of customs legislation for the disposal of arrested goods is neither implemented due to the absence of the authorities of the Federal Agency of State Property Management. Moreover, there are unsolved contradictions and gaps in customs legislation, particularly according to the issue of reimbursement of expenses in case of destruction of arrested goods since it is presupposed that the expenses will be covered by law-abiding individuals.

Keywords: detention, customs control, confiscation, holding, destruction, the Federal Agency of State Property Management, disposal, expenses, holding, owner

DOI: 10.7256/2454-0595.2015.5.66445

Keywords: detention, customs control, confiscation, holding, destruction, the Federal Agency of State Property Management, disposal, expenses, holding, owner

DOI: 10.7256/2454-0595.2014.6.10860

DOI: 10.7256/2454-0595.2014.6.64975

Abstract: The customs bodies of the Russian Federation have certain amount of competence in the sphere of protection of intellectual property rights. The procedure for the activities of the customs bodies within the administrative mechanism for the protection of intellectual rights is regulated both at legislative and institutional levels. The article concerns the changes in the procedures established for these measures by the customs bodies taking into account the development of modern integration processes. Additionally, the author views the issues of interaction between the Federal Customs Service and the Federal Intellectual Property Service (Rospatent) within the framework of guaranteeing rights of the authors and title holders of relevant rights. The main method for the study was analysis of the latest amendments in the procedure for the activities of the customs bodies within the administrative mechanism for the intellectual property protection. As a specific recommendation the author offers to widen the scope of existing interdepartmental cooperation at the stage of customs declaration and the procedure of inclusion of the intellectual property object into the customs register. The author also has established the cases when the customs bodies do not take measures aimed at interception of the production of goods, which have elements of counterfeit, while evaluating some aspects of judicial practice on the cases of illegal use of trademarks by the natural persons in international post packages. The author pays attention to the possibility for the implementation of the additional competence of the tax bodies in the sphere of intellectual property protection within the framework of the ex officio principle. The author also provides the comparative analysis of legal mechanisms in Russia and in the Republic of Belarus. Evaluation of the existing procedure for the measures of the customs bodies for the protection of intellectual property rights allows one to draw a conclusion that there is a sustainable tendency for the unification of administrative procedures in the sphere of protection of intellectual property rights at both national and supranational (regional) levels.

Keywords: customs bodies, intellectual property objects, customs register, procedure, release of goods, title holder, declaratory, Rospatent, interdepartmental cooperation, the Customs Union.

DOI: 10.7256/2454-0595.2014.6.11358

DOI: 10.7256/2454-0595.2014.6.64973

Abstract: The article concerns characteristic features of evidence in the administrative offences cases, the author substantiates the position that authenticity is a necessary legal quality of evidence along with its relevance and admissibility, characterizing the elements of its nature. Stating authenticity, relevance and admissibility of evidence manifests the formation of evidence as a legal category and possibility for its use in the legal process in order to establish the circumstances, which are relevant for the case. The article singles out the interrelation between authenticity and admissibility, specific features of checking authenticity at various stages of the proceedings in an administrative offence case. The methodological basis for the studies involves general scientific methods (dialectic material, analysis, and synthesis) and specific scientific methods ( systemic-structural, comparative legal, statistical, formal legal) scientific cognition methods. The article includes definition of the terms: characteristic features of evidence, authenticity, relevance and admissibility of evidence. Based upon the study the author makes a conclusion that only the combination of formal examination and free evaluation at various stages of cognition may guarantee adequate studies of the authenticity of the evidence. The first stage of examination is evaluation of procedural form, and the second includes analysis of the contents of the evidence in order to establish the logical propriety, clarity and comprehensive character of the provided data.

Keywords: evidence, characteristic features of evidence, qualities of evidence, nature of evidence, relevance of evidence, admissibility of evidence, authenticity of evidence, evaluation of evidence, proof, definition of evidence.

DOI: 10.7256/2454-0595.2015.7.13747

Abstract: The author notes that according to the range of embodied social relations administrative process is rather wide; moreover, legal procedure is implemented by a large number of police officers, each of them is responsible for the particular aspect of procedural activity. Therefore, the author observes that at present the methodological provision of this sphere of Russian police activities is necessary. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general scientific methods of cognition (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical method, expert assessments, etc.). The author notes that administrative proceeding in the police bodies is a jurisdictional process. It is argued that its main task is a procedural provision of measures of application of state coercion, particularly, of administrative punishment. The peculiarities of administrative proceeding in the police bodies depend on a range of factors, such as the completeness, the temporal and territorial criteria, the use of certain types of administrative punishment, and the different categories of persons.

Keywords: participant, form, coercion, police, stage, jurisdiction, process, proceedings, offence, responsibility

DOI: 10.7256/2454-0595.2015.7.66662

Keywords: participant, form, coercion, police, stage, jurisdiction, process, proceedings, offence, responsibility

DOI: 10.7256/2454-0595.2015.7.15744

Abstract: The article considers the provisions of the Code of Administrative Offences of the Russian Federation in their “interpretation” which has formed in the law-enforcement practice. The author attempts to emphasize the necessity to develop the “updated” explanations by the Supreme Court of the provisions of the existing Code of Administrative Offences, since the positions of the Constitutional Court, expressed in its decisions, are not always considered properly by the law-enforcement bodies and executives; it results in the violation of the principle of legality in administrative proceedings. The main research method is comparative analysis which compares the existing law-enforcement practice with the corresponding explanation of the provisions of the Code expressed in the decisions of judicial bodies. The author comes to the conclusion about the “faulty” enforcement practice of certain provisions of the Code by the bodies and the executives, thus substantiating the inclusion of the “renewed” Supreme Court in the explanatory work together with the Constitutional Court.

Keywords: consideration of a case, The constitutional court of the Russian Federation, the Supreme court of the Russian Federation, antimonopoly legislation, Executive authorities, administrative proceedings, the Constitution of the Russian Federation, administrative offence, institution of rejection, principle of legality

DOI: 10.7256/2454-0595.2015.7.66663

DOI: 10.7256/2454-0595.2015.8.14380

Abstract: The subject of the research is a range of legal and organizational problems of proceedings on administrative offences in police. The object of the research includes social relations connected with implementation of the principles of proceedings on administrative offences in police. The author considers the procedural principles of the proceedings, paying attention to the necessity of improvement of a range of common principles. Special attention is paid to the principle of the presumption of innocence; the author notes that the Code of Administrative offences of the Russian Federation doesn’t define this principle clearly enough. Thus, the paper offers the ways of administrative proceedings enhancement. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), and the methods of special sociological research (statistical methods, expert assessments, etc.). The author concludes that administrative proceedings need to be improved, and the limits of the stages of these proceedings should be clarified. The author offers some methods which can improve the administrative proceedings in police. The novelty of the research is determined by the statement of the problem itself and the methodological grounds of its solution. The article proposes the ways of improvement of administrative proceedings in police.

Keywords: administrative, jurisdiction, process, offence, implementation, police, proceedings, principle, Code of Administrative Offences, stage

DOI: 10.7256/2454-0595.2015.8.66801

Keywords: administrative, jurisdiction, process, offence, implementation, police, proceedings, principle, Code of Administrative Offences, stage

DOI: 10.7256/2454-0595.2016.10.20555

Abstract: The research subject is the Soviet legislation, which had regulated the peculiarities of imposition of administrative sanctions on persons with special legal status. The research object is social relations, regulated by that legislation, with special attention to the activities of prosecutors, responsible for administrative prosecution of persons with special legal status. The author analyzes the evolutional aspects of such legislation development, assesses the positive and negative sides of legal regulation in that period. The main research method is the historical method, connected with the understanding of the peculiarities of legal regulation of the procedures of administrative prosecution of persons with special legal status. Besides, the author compares the corresponding norms and provisions of the current legislation. The author concludes that the legislation, regulating the peculiarities of imposition of administrative sanctions on the persons with special legal status, started forming in the late 1960s, and by the end of the Soviet period in 1991 it had contained a wide range of legislative provisions, guaranteeing special conditions of administrative prosecution of several categories of persons with special legal status.

Keywords: petition by a public prosecutor , special legal status, legislation, administrative prosecution, administrative offence, administrative responsibility, imposition of sanctions, prosecutor, agreement, court order

DOI: 10.7256/2454-0595.2016.10.68254

Keywords: petition by a public prosecutor, special legal status, legislation, administrative prosecution, administrative offence, administrative responsibility, imposition of sanctions, prosecutor, agreement, court order

DOI: 10.7256/2454-0595.2014.8.12396

DOI: 10.7256/2454-0595.2014.8.65277

Abstract: In this article based upon the scientific analysis of the problems of administrative jurisdiction the author provides recommendations for the improvement of administrative jurisdiction legislation, defining specific features of administrative jurisdiction activities in the spheres of finances, taxes, levies, insurance, securities market, federal executive bodies, Central Bank of the Russian Federation. Administrative jurisdiction is a type of law-enforcement administrative procedural activity of the competent public body usually, a state executive body) on dealing with and resolving administrative jurisdiction cases, disputes, implementation of sanctions and protection of protective legal relations with the application of means of public coercion (administrative, disciplinary, etc.) which is regulated by law. 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.). Administrative jurisdiction includes administrative proceedings: proceedings on cases on administrative offences; proceedings on claims of citizens regarding acts or activities (inactions) of public government bodies and officials; disciplinary proceedings, enforcement proceedings. Additionally, administrative jurisdiction involves specific disciplinary activities in various spheres and areas of public administration. Specifically, in the spheres of finances, taxes, levies, insurance, securities market there are proceedings on tax, budget offences, proceedings on offences on legislation of the Russian Federation on the insurance fees, proceedings regarding violations of the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”.

Keywords: jurisdiction, tax, levy, fee, police, Administrative Offences Code of the Russian Federation, offence, elements of an offence, administration, finances.

DOI: 10.7256/2454-0595.2016.11.19040

Abstract: The research subject is the main provisions of administrative law and procedure; the research task is to reveal the problem aspects, which appear in the result of shifting the part of the subject of administrative law into the subject of administrative procedure. The research results can be assessed in the context of the study; they are one of the stages of the subject of administrative procedure understanding. The major part of the subject of administrative law focuses on the issues of work of agencies and organizations, vested with authoritative powers, particularly the work of public administration, i.e. public management. The subject of administrative procedure should be understood as the work of courts – administrative legal proceedings and proceedings on administrative offences. The division of Russian administrative procedure law into two branches – administrative-executive (administrative procedure) law and administrative-judicial law - proves that administrative law is losing the part of its subject, connected with the activity of public administration. The field of application of the research results is determined by the research task and the conclusions about the application of the corresponding definitions - such as public administration, administrative procedure, etc. – in the subjects of administrative law and administrative procedure. The author applies general scientific methods (analysis, synthesis, the system method) and special scientific methods (formal legal and comparative legal). The author suggests to interpret administrative procedure as the activity of courts (court procedure). The author notes that the subject of administrative law includes public administration, i.e. the activity of agencies and organizations, vested with authoritative powers. The author admits the disputable character of his conclusions, and plans to continue the research in this sphere.

Keywords: public administration , administrative legal proceedings , procedural rules, rules of substantive law, administrative procedure, public management, authoritative powers, term, definition, administrative law

DOI: 10.7256/2454-0595.2016.11.68329

Keywords: public administration, administrative legal proceedings, procedural rules, rules of substantive law, administrative procedure, public management, authoritative powers, term, definition, administrative law

DOI: 10.7256/2454-0595.2014.9.12675

DOI: 10.7256/2454-0595.2014.9.65452

Abstract: The relevant type of legal process has its specific features, and they are characterized by their peculiarities. In particular, the administrative process influences a wide range of social relations, which are formed in the sphere of public administration. Implementation of positive legal norms in various branches of law is implemented via various administrative legal norms. Additionally, administrative process provides the possibility for the implementation of the administrative coercion measures. From this standpoint the author views contents and specific features of administrative jurisdiction activities of the police, which have formed an object of his scientific study. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). According to the current legislation of the Russian Federation the police implements a wide range of administrative proceedings, procedures and regulations, which facilitate guarantees of legal order, protection of rights and lawful interests of natural persons and legal entities interacting with the police officials. With the help of administrative procedures and regulation the citizens and economic subjects are provided with various public services involving protection of property, issuing various documents, etc.

Keywords: police, policeman, process, jurisdiction, stage, proceedings, officer, coercion, responsibility, influence.

DOI: 10.7256/2454-0595.2014.11.13087

DOI: 10.7256/2454-0595.2014.11.65682

Abstract: This article is devoted to the analysis of today’s condition of the social relations within the proceedings in administrative cases referred to the competence of customs authorities in the situation of functioning of the Customs Union, administrative laws of the members of the Customs Union, identification of the specific features typical of the national law of certain countries, and any inconsistencies obstructing the effective administration of the proceedings in administrative cases affected by the functioning of the Customs Union, generation of proposals related to improvement of the laws of member of the Customs Union related to the proceedings in administrative cases. In order to generate proposals related to improvement of the laws of member of the Customs Union related to the proceedings in administrative cases, the scientific and comparative research methods were used. The analysis which was performed generally showed the existence in the three countries of the common principles and approaches employed by the customs authorities when holding persons administratively responsible. At the same time, a number of specific features was identified which are typical of national laws of certain countries and inconsistencies obstructing the effective performance of the proceedings in administrative cases affected by the functioning of the Customs Union. Conclusions: for the purposes of effective performance of the proceedings in administrative cases affected by the functioning of the Customs Union, it is necessary to harmonize the rules of laws related to the administrative responsibility in the countries which are members of the Customs Union, i.e. unify them, as relates to: 1. Include in the Administrative Offences Code of the Russian Federation and the Administrative Offences Code of the Republic of Kazakhstan the institute of complicity when the organizer and accessory of the offence are also held administratively liable as is expressly provided in the Administrative Offences Code of the Republic of Belarus. 2. Include in the Administrative Offences Code of the Russian Federation and the Administrative Offences Code of the Republic of Kazakhstan the institute of attempted administrative offence as is expressly provided in the Administrative Offences Code of the Republic of Belarus. 3. Establish the uniform limitations period for administrative responsibility for violation of customs rule in the Administrative Offences Codes of the countries which are members of the Customs Union. 4. Include the institute of suspension of the limitations period for administrative responsibility as is expressly provided in the Administrative Offences Code of the Republic of Kazakhstan. 5. Include the institute of consolidation in the Administrative Offences Code of the Russian Federation as is expressly provided in the Administrative Offences Code of the Republic of Kazakhstan and the Administrative Offences Code of the Republic of Belarus.

Keywords: administrative offence, national laws, customs authorities, Russian Federation, Republic of Kazakhstan, Republic of Belarus, Customs Union, differentiation of punishment, sequester, complicity.

DOI: 10.7256/2454-0595.2014.12.12693

DOI: 10.7256/2454-0595.2014.12.65814

Abstract: In order to improve the mechanism of implementing the administrative-law rules, it is necessary to provide administrative support for the relevant aspect o work of Russian police. In this regard, the author believes that it is necessary to adopt a certain regulation defining the following: the scope of public services provided by the Russian Ministry for Internal Affairs to physical and legal entities; the list of administrative proceedings performed in within the competence of internal affairs bodies (police). This approach could contribute to understanding and disclosing the essence of the administrative-law work carried out by the police. In this research, the author used theoretical, general philosophical methods, conventional legal methods and the methods used in specific sociological research. The article notes that it is currently important to approve the forms of process documents made by the policemen during their administrative-law work. The solution would rule out the free-form approach to preparing a whole number of process documents in administrative cases, in cases on complaints and in various administrative procedures.