Administrative and municipal law - rubric Administrative law, municipal law and human rights

Abstract: This article is devoted to the problem of eviction of persons from housing and housing construction co-operatives. The article includes detailed analysis of the problems of the housing legislation, which includes evaluation of rights and obligations of the members of such co-operatives, as well as the analysis of the problem of analogy of law to the eviction relations in this sphere. In the final part of the article, the author establishes the ways to improve normative legal basis on eviction from such types of housing. In the author’s point of view one of the means to overcome the existing legal problems could be the typical Articles of the Housing Co-operatives, which would be accepted at the federal level and should include detailed obligations of members of such co-operatives, which in turn would unify the judicial practice on eviction.

Keywords: non-commercial juridical entity, housing co-operative, housing construction co-operative, eviction, analogy of law, blank in a law, typical contract

Abstract: This article is devoted to the legal and organizational problems of local self-government, the author reviews the possibilities for the use of democratic institutions within the framework of interests of higher efficiency of municipal management. The author studies positive tendencies of development of local self-government in the foreign states, including those related to formation and activities of the social organizations at the municipal level. The author shows the role of social organizations in the development of local self-government and support for interaction of the local self-government bodies with the people, the author establishes the principles and methods of practical inclusion of the people into the process of municipal self-government.

Keywords: local self-government, municipal bodies, people of the municipal formation, social organizations, types of social organizations, foreign experience of local self-government.

Abstract: the article is devoted to the problem of eviction of persons from the housing and housing and construction co-operatives. The author analyzes the defects of housing legislation in detail, and he also reviews the issue of application of analogy of law to the relations on eviction of users of specialized property of this type. At the end of the article, the author discusses the future development of legislation on eviction of people from the housing in such co-operatives. In the author’s point of view, one of the ways to avoid the existing gaps in the law is the typical contract of housing co-operative, which could be accepted at the federal level, and include detailed legal obligations of members of such co-operatives, which would simplify the legal judicial practice on eviction cases.

Keywords: non-commercial legal person, housing co-operative, housing and construction co-operative, eviction, gap in the law, typical contract.

Abstract: the article is devoted to the analysis of the right of people to self-defense, which may be ensured by the use of civil self-defense arms. The article also includes analysis of Russian legislation on arms, compared to the European and international standards for the realization of people’s right to self-defense.

Keywords: right for necessary defense, the Russian Association of Owners of Civil Weapons, rifles, self-defense, the fund for compensation of harm caused by owners of arms.

Abstract: The article is devoted to human rights and freedoms within the social and cultural sphere, guarantees of their implementation. Additionally, the article defines the place and role of rights of individual and citizen within the general system of human rights. The article illuminates specific features of cultural rights of a person.

Keywords: human rights, social rights of a human being, protection of human rights, guarding human rights, cultural rights of individual and citizen, protection of cultural rights of individual and citizen, freedom of a person.

Abstract: The article is devoted to issues of advocate security, pressure and obstruction, need to amend legislation in the sphere of compensation of harm, caused while performing advocate’s duty.

Keywords: murders of advocates in Russia, united judiciary, the Book of Memory of Murdered Advocates, compensation of harm, advocacy, independent justice body, fight of advocates for independence, non-elected advocates’ self-government bodies, taking the status awa

Abstract: The article is devoted to the study of the mechanism of protection of public order, while holding public events, the author evaluates the competence of internal affairs bodies in the sphere of ensuring the constitutional rights of people for peaceful unarmed gatherings, meetings, parades. The author evaluates such categories, as meeting, parade, demonstration, picketing.

Keywords: parade, meeting, public order, demonstration, rights, freedoms, picketing, militia, manifestation, public space, police, coercion, regulation, public gathering.

Abstract: Lately in the Russian Federation much effort is taken to guarantee and protect human rights and freedoms. However, the general situation in this sphere is rather bad. The Constitution of the Russian Federation in its part concerning human rights is mostly a declarative document, rather than acting law. For example, the right to public gathering is closely related to other political rights of people, and is an important instrument for use of rights and freedoms, such as rights to expression, to elect and to be elected, to unite.

Keywords: Jurisprudence, rights, citizens, public, events, bodies, internal affairs, mechanisms, meeting, parades, picketing, realization.

Abstract: The article is devoted to legal and organizational problems of functioning of trade unions within the sphere of activity of customs services. The article includes analysis of functions of trade unions, their protective functions, activities of customs service.

Keywords: Trade union, customs, customs service, unity, employer, employee, organization, protection, social partnership.

Abstract: This article includes analysis of powers of subjects of human rights protection activities, such as: human rights commissions, plenipotentiaries for human rights in the Russian Federation, commissions on juveniles, community liaison offices, and public offices, as formed in municipal units

Keywords: Jurisprudence, municipal government, human rights protection, plenipotentiary, human rights, public chamber, community liaison office, juvenile commission, guarantees of human rights, democracy

Abstract: Review: this article is devoted to legal and organizational bases of immigration control, goals of immigration control, role and meaning of immigration control in ensuring migration policy.

Keywords: migration, migrant, migration policy, deportation of foreign citizens and persons without citizenship, deportation, Federal Migration Services, immigration control

Abstract: Review: this article is devoted to legal and organizational mechanisms for protection of rights and legal interests of citizens, it also includes analysis of scientific literature, with in-depth study of rights and freedoms of citizens.

Keywords: guarantee, mechanism, rights, freedoms, legal interests, ensuring, guarantees, protection, declaration, review, person, protection.

Abstract: Review: this publication includes analysis of the role of norms of international “soft law” and their realization in administrative law of Russia. The author reviews the conditions, in which the “soft law” norms are implemented in Russian legal system, and situations, when such implementation is not possible. The author defines the meaning of norms of international “soft law” for overcoming the gaps in legal regulation of migration relations.

Keywords: jurisprudence, forms of realization, soft law, rules, standards, recommendations, normative legal acts, common obligation, stages of administrative lawmaking, administrative regulation.

Abstract: Review: this article includes analysis of legal and organizational bases of the procedure of holding public events, as well as notification order for permission for public events.

Keywords: public event, notification, organizer, meeting, limitation, social order, refusal, guarantees, documents, executive body.

Abstract: Review: the article is devoted to the problems of protection of rights of individuals and organizations in the activities of the court executive officers within the process of forced execution of judicial acts, acts of other bodies and officers, the ways for their resolution are also offered.

Keywords: jurisprudence, court enforcement officer, rights of citizens and organizations, performance of jurisdiction acts, executive procedure, court, powers, service obligations, state functions, service obligations, responsibility.

Abstract: Review: the article is devoted to legal and organizational problems on administrative offence cases, the author points out the priority directions of prosecutor control over the execution of the legislation on administrative offences.

Keywords: legality, legal order, protection, protection of human rights, review, prosecution, ensuring, control, administrative offence, Code of Administrative Offences.

Abstract: The article is devoted to the legal and organizational mechanisms of protecting civil rights and legitimate interests by the public prosecutor’s office. The author of the article bases on the scientific sources whose authors researched the content of legal guarantees for insuring civil rights and freedoms by the prosecution agencies.

Keywords: guarantee, mechanism, rights, freedoms, legitimate interests, protection, insuring, declaration, supervisory control, prosecutor’s office, personality, security, legitimacy.

Abstract: The article is devoted to the possibility of contesting the Compulsory Medical Insurance Fund’s orders in the process of carrying out administrative court procedures. In this respect, the author analyzed the nature of relevant legal relationships and defined what the “letter of order” was.

Keywords: fund, hospital, health care provider, contestation, health care, legal relationship, insurance, medical.

Abstract: Key words: studies of law, appeal procedure, complaint, appeal, Byelorussia, Uzbekistan, Turkmenistan, Tajikistan, Kazakhstan.
Abstract: the article is devoted to a comparative analysis of a few foreign legislations with the purpose to clarify the common and distinguishing features of existing standard appeal procedures during the pre-trial stage of the criminal process and to evaluate their pluses and minuses. The study of law making can be successfully used in the process of improvement of the Russian institution of appeal during the pre-trial stages of the criminal process.

Abstract: Key words: studies of law, rights, freedoms, classification, SCO, generations of rights, convention, declaration, United Nations, CIS.
R eview: the article is aimed at overcoming the law nihilism and gaining the culture of the human and civil rights and freedoms. Rights and freedoms are viewed as elements of a legal status which includes not only constitutional rights and freedoms but also all rights and freedoms resulting from normative legal acts (domestic and international ones).

Abstract: the article contains an analysis of the term ‘taxpayer- individual person’ in Russian and European law, considers taxpayers’ rights and responsibilities arising in legal tax relationships and describes variants of classification of taxpayers’ rights and responsibilities

Keywords: taxpayer, levy payer, tax resident, individual person, individual, participant of a legal tax relationship, taxpayer’s rights and responsibilities, tax authorities, classification of taxpayer’s rights and responsibilities

Abstract: Review: The article reveals the main constitutional environmental rights of citizens as well as the rights mentioned in the federal law ‘On Environmental Protection’. The author also described the methods of protection of environmental rights in the sphere of executive authorities’ activity.

Keywords: environmental rights of citizens, public associations, right for a favorable environment, right to compensation, juridical control, administrative supervision and control, procurer’s supervision

Abstract: Review: the article is devoted to the legal and organizational basis of insuring population movement. The author also viewed administrative and legal basis of migration and purposes of administrative and legal regulation of population movement.

Keywords: migration, migrant, migration policy, mechanism, population, immigration control, Federal Migration Service, legal regulation

Abstract: The article is devoted to the legal and organizational issues of resolution of legal conflicts in the sphere of customs service. It also describes the customs dispute.

Keywords: customs duty, conflict, mechanism of conflict resolution, process, procedure, customs service, jurisdiction, defence mechanism

Abstract: The article considers the legal and organizational issues of protection of individual taxpayers’ rights and describes the forms of protection of corresponding subjects of administrative and tax law. Moreover, the article also contains an analysis of elements of administrative and legal mechanism of protection of taxpayers’ rights.

Keywords: tax, duty, defense, protection, taxpayer, prohibition, forms of defense, tax court, tax jurisdiction, responsibility, protection means

Abstract: The article discusses development of physical culture at the level of local self-government, accessibility of sports for various types of citizens in the Far Eastern Region and responsibility of self-government agencies to provide beneficial conditions for development of physical culture.

Keywords: physical training, sports, right, accessibility, financing, provision, self-government, state institution, amateur sports, elite sport

Abstract: The article views topical issued connected with overcoming of deregulation of the legal service market and rendering qualified legal assistance in the Russian Federation. The author suggests certain variants to unite advocates and privately practicing lawyers into one professional corporation functioning on the basis of advocacy.

Keywords: advocacy, services, commerce, deregulation, reform, corporation, system, entrepreneurs, market, human rights, self-regulating organization

Abstract: The article includes analysis of the current legislation of the Russian Federation on the powers of the prosecutor to represent the citizens in civil process in the courts of general jurisdiction. Based on the precedent practice of the European Court on Human Rights the author shows the contradiction of these norms to the norms of international law. The author then offers to amend the current legislation accordingly.

Keywords: prosecutor, citizen, court, Strasbourg, Europe, Convention, state, practice, law, position.

Abstract: The article is devoted to the need in keeping records of national and historical traditions, customs and local peculiarities of peoples in building modern self-government. Their records should be the priority because their secondary role would have a negative impact on efficient self-government of local communities. The article has been prepared based on the example of one of the Russian Federation constituents — Tyva Republic. This article will be of interest to university and high school students and everyone who is interested in the issues of local self-government.

Keywords: national, customs, traditions, self-government, Tyva Republic, meaning, peculiarities, small-numbered people, Tuvnian.

Abstract: The article is devoted to the study of a municipal unit as an institutional form of enforcing human and civil rights and freedoms. The article describes the mechanism created by the state institution and aimed at enforcing human and civil rights and freedoms by municipal units – inter-related or interacting legal institutions and particular laws that enable municipal units to provide for human and civil rights and freedoms.

Keywords: state institution, local self-government, municipal unit, local self-government authorities, human and civil rights and freedoms, human rights enforcement, legal institution, social legal mechanism of the human rights enforcement, local issues.

DOI: 10.7256/2454-0595.2013.1.62045

Abstract: The author of the article provides a system analysis of the Russian Federation laws regulating turnover of blood and blood components. The author analyzes associated provisions of the draft law ‘Concerning Donorship of Blood and Blood Components’. Special attention is paid at a number of tiebreaker clauses and the fact that the Russian Federation legislation does not provide restrictions on trading blood and blood components and does not impose adequate responsibility for selling blood and blood components unlike for trading human organs and tissues.

Keywords: blood, components, donorship, law, goods, item, law, trade, health.

DOI: 10.7256/2454-0595.2017.5.22854

Abstract: The research object is the struggle against child labor. The author outlines the peculiarities of a legal mechanism of child labor elimination via the involvement of employers and their associations, social organizations and labor unions. The author studies international recommendations and the tendencies of involvement of labor inspectors, and the aspects of their interaction with employers and labor unions in the mechanism of child labor prevention. The author emphasizes the coordinating role of international organizations in the elimination of child labor, particularly in informal sectors of the economy. To acquire the most reliable scientific results, the author uses the range of general scientific methods (system-structural, formal-logical and hermeneutical) and specific legal methods of cognition (comparative-legal and formal-legal). They are used as a complex. Labor inspectors play a significant role in the elimination of child labor. They are entitled to hold inspections and oblige employers to meet international standards in child labor elimination. Nowadays, the role of labor inspectors has transformed from a merely controlling to coordinative. They can make tangible contribution to the elimination of child labor in informal sectors of the economy. The tripartism principle, typical for the international regulation of labor, is being implemented with the help of labor inspectors.

Keywords: child labour monitoring, trade union, employer, employment, ILO, human rights, child labour, labour inspection, prevention, informal economics

Abstract: The article considers the legal and organizational issues of defending individual taxpayers’ rights and describes the forms of defense of corresponding subjects of administrative and tax law.

Keywords: tax, duty, defense, protection, taxpayer, forms of defense, tax court, tax jurisdiction

Abstract: The article studies views on the term ‘public rights’ as well as describes the author’s opinion on differentiation of terms ‘public rights in the sphere of housing’ and ‘public housing rights’. The article also gives evaluation of administrative rights in the sphere of housing and suggests their systematization in accordance with the grounds the rights are based on.

Keywords: legal, housing, administrative, public, private, rights, possibility, need, authority

Abstract: The article is devoted to the problem of realization of a legal status of women in various spheres of management and social activity. Based on this research, the author concludes that a woman has to suffer and humiliate herself because of her economic dependence, absence of a place to live, nursery centers or decent salary and etc. Women are the first ones to be fired at work and a woman makes less money than a man. A woman also has to endure abuse and harassment and etc. at work.

Keywords: woman, rights, responsibilities, liabilities, status, control, state institution, equality, violence, family, children, maternity.

Abstract: The article is devoted to topical problems, related to guarantees of human rights in case of road accidents, the author shows the problems in the sphere of responsibility of officials, due to whose guilty behavior such accidents happen.

Keywords: the article is devoted to topical problems, related to guarantees of human rights in case of road accidents, the author shows the problems in the sphere of responsibility of officials, due to whose guilty behavior such accidents happen

Abstract: This article is devoted to topical issues related to the conception of human rights in West-European countries. The author analyzes the content of natural rights and how they are reflected in legal acts. After studying this topic the author concludes that it is necessary to change the human rights taking into account the history and culture of the country.

Keywords: human rights, constitution, freedom, jury members, criminal case, censorship, declaration, law.

Abstract: The article is devoted to a new federal law concerning house arrest. The author notes that this new law regulates the use of house arrest as a measure of suppression in more detail. At the same time, the current version of the law still has certain debatable provisions. The author of the article suggests ways of improvement of this new law. According to the author, there should be a new version of the law.

Keywords: measure of suppression, house arrest, court, arrest duration, bail, prohibitions and restrictions, court decision, control, police, defender.

Abstract: The article is devoted to the legal and organizational problems of proceeding in error at customs authorities. It is underlined that effectiveness of proceedings in error based on complaints of citizens and entities directly depend on legal enforcement of corresponding principles. In their turn, principles of proceeding in error reflect the quality of the process.

Keywords: complaint, court proceeding, principles, legality, human rights, responsibility, jurisdiction, procedure, process, stage

Abstract: The article is devoted to the problems, related to initiation of a criminal case in criminal legal procedure. While this institution was subject to many detailed studies, still many problems, which took place in the legislation in the past did not find their solution in the existing Criminal Procedural Code. This matter allows to analyze these problems within the framework of current legislation on criminal procedure, and to attempt to solve these problems. Of course analysis of legislations of foreign states shows that similar problems exist abroad.

Keywords: initiating a criminal case, guarantees of protection of human rights and lawful interests of person, requiring expertise

DOI: 10.7256/2454-0595.2017.9.23990

Abstract: The research subject is the provision of rights of indigenous people by local governments in Japan. The author analyzes the legal mechanism of ensuring the rights of the Ainu people. The article considers such aspects of the problem as the formalization of the legal status of the Ainu people, the peculiarities of local governments in Japan, their functions and competences. The author gives attention to the interaction between social organizations and local governments in the sphere of ensuring the rights of the Ainu people. The author studies the peculiarities of provision of their rights in different regions of Japan. To acquire reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical and hermeneutic) and specific legal methods (historical-legal, comparative-legal and formal-legal). Local governments play the key role in ensuring the rights of the people of Ainu in Japan. In the result of the local government reform and decentralization of the authority, local governments in Japan have a wide scope of competence in local issues, including almost all spheres of life of individuals and communities. Therefore, local governments are directly in charge of ensuring the rights of the Ainu people in the spheres of education, culture, social security and employment. Therefore, the legal mechanism of ensuring the rights of the Ainu in Japan is decentralized and local. Local governments implement local initiatives of social organizations of the Ainu taking into account social situation in the regions.

Keywords: sovereignty, territory, discrimination, human rights, indigenous people, local government, social organization, Japan, Ainu, competence

Abstract: The article is devoted to the term and principal of constitutional status of population as a subject of local self-government. The author o the article describes the basic elements of such status including: self-government principles, population powers, self-government guarantees and population responsibility.

Keywords: studies of law, constitutional status, population, local self-government, principles of local sel-government, population powers, local self-government guarantees, responsibility of population, status of population, municipal authorities.

Abstract: The article is devoted to legal and organizational problems in the sphere of notaries service, the author shows functions and directions of notary activities, formulates ideas for improvement of notary institution in the Russian Federation.

Keywords: notary, notary service, notary activities, protection of rights, law-enforcement body, protection of civil rights, jurisdiction, notary office, sphere, legislation, verifying a copy

DOI: 10.7256/2454-0595.2018.6.26878

Abstract: The aim of the research is to analyze the Federal Law on General Principles of Local Self-Government in the Russian Federation No. 131 of October 6, 2003 as well as municipal acts that regulate the procedure for the electorate recalling an elective representative of a local community. In this research Nudnenko analyzes the experience in practical recalling of local community's elective representatives. The purpose of the research is to define trends in the legal regulation of recalling an elective representative of a local community at the modern stage of Russia's local government. In the course of the research the author has applied traditional research methods such as analysis, synthesis, induction, deduction, historical, logical and comparative law methods. The results of the research demonstrate that there is the tendency towards preserving the same grounds for recalling deputees that were typical for te soviet stage of Russia's development. The author criticizes municipal acts that prohibit the recall of an elective representative of a local community during his final term. The author outlines the tendency of the legal regulation towards the possibility to register a recall initiative group without a meeting for electing members thereof. The author defines the gap in the legal regulation of guarantees of an elective representative being recalled. Nudnenko also discovers the tendency to finance agitation activities performed by an initiative group at the account of independent funds of participants in the procedure of recall. The scope of application of the research results is the municipal policy-making process. The main conclusion is that there are certain gaps and problems in the legal regulation of a pre-term recall procedure and these problems and gaps need relevant solutions.

Keywords: agitation, meetings, financing, voting, initiative group, comunity, review, representative, voters, deputy

DOI: 10.7256/2454-0595.2017.11.24623

Abstract: The research subject is the legal norms and the materials of law-enforcement practice in the sphere of tuberculosis diagnosing in the Russian Federation. The research object is legal relations occurring in the sphere of tuberculosis prevention in the Russian Federation. The author considers various aspects of Mantoux testing. Special attention is given to the form and content of a phthisiologist’s opinion serving as a permission for a child to attend an organization for children, if tuberculosis diagnosing hasn’t been carried out. The research methodology is based on general scientific and specific research methods including formal-legal, analytical, and the method of system analysis. The scientific novelty of the study consists in the author’s conclusions. Based on the analysis of the current regulatory framework and materials of judicial practice, the author finds out that is tuberculosis diagnosing hasn’t been carried out, medical TB institutions, upon a request from parents or legal representatives of a child, are obliged to issue medical opinion running that the child doesn’t have TB, if there’s no other evidence of this disease.

Keywords: children's organizations, examination, opinion, prevention, tuberculosis diagnosing, tuberculosis, deprivation, responsibility, judgment, appeal

DOI: 10.7256/2454-0595.2017.6.22959

Abstract: The research subject is the set of legal provisions regulating the peculiarities of social services in the regions of the Russian Federation in the context of reforming the legislation in the sphere of social services. The purpose of the study is to analyze the set of problems in the sphere of legal regulation of social services on the regional level. The study is based on the legislative acts in the sphere of social services of Arkhangelsk, Ivanovo and Nizhny Novgorod regions. Special attention is given to the types of social services in these regions and to the problem of establishment of the charge for social services. The author applies system analysis and the comparative legal method of scientific cognition. The scientific novelty of the study consists in the complex legal analysis of the legal provisions of the federal and regional legislation in the sphere of social services; in the comparison of legal regulation of social services in Russian regions, and in the development of recommendations and proposals about the further improvement of social legislation in Russia. The results of the research can be used in the law making activities of federal and regional authorities aimed at the improvement of legal regulation of social services, and in research activities. The author formulates the following proposals: 1) Some services, offered in the regions of the Russian Federation in the sphere of social welfare, are the same as social services, which should be guaranteed by regional authorities in accordance with other provisions in the sphere of social welfare (particularly, in the sphere of health protection and healthcare delivery) and the provisions of other branches of law (for example, in the sphere of education). This fact proves a complex and intersectoral nature of social services; 2) It is necessary to formalize not an approximate but a minimal list of social services on the federal level according to the types of social services with an opportunity to extend this list on the regional and municipal levels; 3) It is necessary to formalize on the federal level the methodological recommendations for the detection of persons who need social services, containing particular measures, which would help reveal such persons.

Keywords: legislation of regions of the Russian Federation, Federal legislation, Powers, Legal regulation, social services, Social service, Social security, Need, Low income, charge

Abstract: The article is devoted to the issues related to establishment of legal and scientific terms regarding rights of the child that are closely connected with the human rights.

Keywords: legal position of under-ages, legal protection of a family, family legislation.

DOI: 10.7256/2454-0595.2017.3.22229

Abstract: The research subject is the concept of constitutional regulation of the principle of equality in federal and regional legislation on municipal service. The paper considers the key issues of implementation of the principle of equality in municipal service. The author pays particular attention to the analysis of federal legislation on municipal service and estimates the corresponding legal provisions. The study is based on the works of I.V. Lagun, S.E. Channov, V.A. Gleikin, S.Yu. Fabrichnyi and other scholars. The research methodology is based on the analysis of the phenomena under consideration and the synthesis of the acquired results, induction, deduction and specific methods of scientific cognition: historical-legal, comparative-legal, and others. The scientific novelty consists in the fact that exclusion of local authorities from the public authorities system raises the question of necessity to form the specific corps of professional managers, independent from public service, responsible for local self-management on behalf of a municipal unit. It can be realized in terms of specific conditions of municipal service. In the context of its significant distance from public service, the problem of equality in municipal service rises to the new level.

Keywords: rights of citizens, equality, federal law, service, right, law, local self-management, restrictions, municipal servant, municipal service

DOI: 10.7256/2454-0595.2023.5.68718

Abstract: The subject of the study is the use of the definition of "sect", which is absent in federal legislation, in relation to religious organizations registered in accordance with the established procedure in the legal acts of the Central Federal District. The object of the research is scientific articles by foreign and domestic scientists on the subject, legal acts of the Central Federal District. The author examines in detail modern scientific and theoretical research in the field of destructive religiosity and a vast array of legal acts in which the term "sect" is used. Particular attention is paid to hypothetical problems that can lead to broad discretion of subjects endowed with public powers when trying to introduce rather religious, sociological (and often just everyday) term "sect" into legal discourse. Methodological basis of the research: analysis, synthesis, formal-logical and comparative-legal methods in their systemic interrelation, as well as the consistent practical experience of the author of the article as a teacher of religious studies, and an employee of one of the executive authorities of Primorsky Krai. The main conclusions of the study are the statement of the unsatisfactory experience of the implementation of the term "sect" in the legal field of the subjects of the Russian Federation included in the Central Federal District; the formulation of recommendations to eliminate these shortcomings of legal regulation. The author's special contribution to the study of the applicable conceptual apparatus is that there are practically no similar studies in the scientific legal literature. Representatives of other humanities disciplines use this term as a matter of course, but their ideas are speculative, very poorly correlated with legal reality. In a state governed by the rule of law, it is hardly justified to arbitrarily label "sect" on various religious organizations, even relatively small ones.

Keywords: law enforcement practice, state-confessional relations, freedom of religion, freedom of conscience, cults, sects, Religious associations, human rights, legality, legal technique

DOI: 10.7256/2454-0595.2013.2.62120

Abstract: The article is devoted to the return of criminally liable defamation (slander) as well as the current laws punishing for insulting officials and the civil institution of the honor and dignity protection.

Keywords: slander, insult of an officer, the first place in the number of criminal cases against journalists, anti-defamation suit, state officials, unprotected from shocking and insulting expressions, responsibility for quality of adopted laws.

DOI: 10.7256/2454-0595.2015.2.12907

Abstract: The article studies the problems of citizens’ rights and freedoms provision by means of administrative-legal mechanism of the police’s activities. Attention is paid to the constructive components of the methodological approach to the provision of citizens’ rights and freedoms in the police’s activities. The article considers the main stages of development of a theory, connected with the provision of citizens’ rights and freedoms in the activities of the Internal Affairs bodies (the police); on the base of the research the author suggests the amendments to the existing legislation which can improve the work of public authorities’ and the Internal Affairs bodies (the police). The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods, dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods (formal-logical), and the methods used in the specific sociological research (the statistical methods, expert evaluations, etc.). The results of the research can be used in the analysis of the genesis of development of the theory connected with the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs (the police). The consideration of some problems of the provision of citizens’ rights and freedoms in the administrative activities of the bodies of Internal Affairs gives the opportunity to pay attention to the fact that the administrative-legal instruments can’t be effectively used without the application of intersectoral approach, particularly if it concerns the problem under consideration.

Keywords: methodology, rights, freedoms, police, provision, guard, protection, standard, police officer , means

DOI: 10.7256/2454-0595.2015.2.66156

Keywords: methodology, rights, freedoms, police, provision, guard, protection, standard, police officer, means

DOI: 10.7256/2454-0595.2015.2.12915

Abstract: The article considers the problems of correlation of such functions of judicial bodies of constitutional control as the legal protection of constitution and the protection of human and citizen’s constitutional rights and freedoms. Relying on the analysis of a range of the decisions of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe, the author concludes that these bodies often change the essence of constitutional regulations. Particularly, the constitutional courts put the wrong construction on the constitutional regulations which provide the right to life, impose a ban on capital punishment and euthanasia even with the absence of this rule in the constitutional regulations. The decisions of the judicial bodies of constitutional control can also change the subject of constitutional rights (introducing the right to life for an unborn child). The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional juridical methods (formal-logical), and the methods which are used in specific sociological research (the statistical methods, expert evaluations, etc.). At the same time, the analysis of practice of the Constitutional Court of the Russian Federation and the bodies of constitutional justice of the states of Central and Eastern Europe shows that in the process of their main goal achievement these bodies not only decide about the constitutionality of the legal act, but also form their attitude towards the legal problems under consideration, i.e. their legal position which contains the interpretation of constitutional regulations which provide human and citizen’s right and freedoms. Simultaneously, the judicial bodies of constitutional control specify the essence and the content of constitutional regulations with regard to the sphere of public life which is regulated by law or other normative legal act, the constitutionality of which is being verified. The approach to the legal position of the constitutional court as an obligatory interpretation of constitutional regulations is conventional in the modern constitutional law studies in Russia and Central and Eastern Europe states.

Keywords: provision, law, control, body, safety, protection, court, life, freedoms, rights

DOI: 10.7256/2454-0595.2015.2.66157

Keywords: provision, law, control, body, safety, protection, court, life, freedoms, rights

DOI: 10.7256/2454-0595.2014.3.11254

DOI: 10.7256/2454-0595.2014.3.64091

Abstract: The article discusses specific features of implementation of the constitutional right to the secret of phone conversations and other messages at the current stage of social development. It is noted in the article that the independency and value of the constitutional right of every person for the secrecy of phone conversation as a guarantee of basic fundamental rights has special value. The article notes the approach of the legislator, who made this guarantee a constitutional one, and this guarantee along with others plays an important role in the legal status of individual and citizen of the Russian Federation, relations of citizens and state at the current stage of development of the Russian society. The article also points out one matter, which is of significant value in the sphere of implementation of the right to secrecy of phone conversations. The methodological basis for the work was formed by the modern achievements of the cognitive theory. 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.). The international legal acts and the Constitution of the Russian Federation alike regard the right to the secrecy of the phone conversation as an absolute right. It is noted in the article that according to the international legal documents this right may be limited on a number of legislatively defined conditions. However, these acts do not define what these conditions are. They were regulated in more detail in the law of the European Union, providing for the right to respect to correspondence. Based upon the analysis of the Art. 23 of the Constitution of the Russian Federation it follows that the tight to the secrecy of phone conversations is a constituent element of inviolability of private life, personal and family secrecy, protection of dignity and good reputation.

Keywords: secret, telephone, information, data, person, individual, protection, Constitution, secret, guarding.

DOI: 10.7256/2454-0595.2013.5.62692

Abstract: The author discusses functions and goals of the OSCE regarding prevention of human trafficking crime at an international level. The author studies the measures of the Bureau, the Special Representative and Coordinator, which are applied to prevent human trafficking.

Keywords: organization, security, cooperation, Europe, trafficking, human, state, member, Bureau, representative, coordinator, science, unions, plan, action, the OSCE.

DOI: 10.7256/2454-0595.2015.4.13196

Abstract: The article analyzes the classification of citizens' appeals depending on the subject of will. The author considers the traditional individual and collective citizens' appeals, and the "new" organisations' appeals legalized by the amendments to the Federal Law "On the procedure of consideration of citizens' appeals" in 2013. The author studies the positive experience of collective appeals regulation on the local level, and the problem of explanation of the two-part construction used by the federal legislator: "citizens' associations including legal entities". The study is based on the general scientific dialectical method. The author uses the special methods: the historical method, the system-structural method, the formal-logical method, the logical and the comparative-legal method. Depending on the subject of will, Russian legislation allows separation of the following types of appeals: individual citizens' appeals, collective citizens' appeals, organisations' appeals. Normative definitions of these types are absent. Legal regulation of submission and consideration of these appeals should be declared insufficient. The analysis of the "new" type of appeals - organisations' appeals - established the absence of special submission requirements. The article provides the amendments to the article 4 of the Federal Law "On the procedure of consideration of citizens' appeals", which contain the normative definitions of appeals depending on the subject of will, and other suggestions aimed at the enhancement of legal regulation and practice of consideration of non-individual appeals.

Keywords: appeal, right to appeal, applicant, individual appeal, collective appeal, organisation's appeal, legal entity's appeal, association's appeal, legislation in the sphere of appeals, citizen's appeal

DOI: 10.7256/2454-0595.2015.4.66319

Keywords: appeal, right to appeal, applicant, individual appeal, collective appeal, legislation in the sphere of appeals

DOI: 10.7256/2454-0595.2014.5.11729

DOI: 10.7256/2454-0595.2014.5.64245

Abstract: The article concerns legal and organizational problems regarding implementation of the administrative legal position of citizens, showing the role of the police within the mechanism of guarantees of rights and lawful interests of citizens in the sphere of administration. The article also states that guaranteeing rights and lawful interests of the citizens is top priority in police work. 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.). The problem of rights and freedoms of persons is one of key issues of the legal science. There are many various scientific works devoted to this issue. However, the logic of development of the social processes, as well as the practice of statebuilding presuppose the objective need for once again turning to the issue of legal position of persons in the sphere of norms of administrative law. In other words, the issue of legal status of a person within the administrative activity regime is currently quite topical, and it is also a primary goal to establish the role and value of police in guarantees of rights and freedoms of people in various spheres of state administration.

Keywords: individual, citizen, person, police, status, guarantees, control, protection, guarding, position.

DOI: 10.7256/2454-0595.2016.5.17094

Abstract: The research subject is historical development of the institution of public events and its identification as a form of mass events. The research object includes the statutory instruments of the Russian state regulating public events management. The author considers the historical period before the first Russian revolution, the period when the mass events understanding had formed. Special attention is paid to the criteria of differentiation of particular stages of administrative and legal regulation of public events. The author adduces two various classifications of stages depending on the criteria. The author applies general scientific methods of analysis and synthesis, logical, system-structural and comparative methods, and the methods of legal science. The author concludes that the right to organize public events has been developing gradually and evenly. The author describes differentiation of two types of classification of stages of public events administrative-legal regulation, which hasn’t been carried out so far.

Keywords: participation, public events carrying out, public events organization, formation, mass crimes, administrative and legal regulation, stages, historical development, public events, mass events

DOI: 10.7256/2454-0595.2016.5.67705

DOI: 10.7256/2454-0595.2016.6.17888

Abstract: The research subject is the procedure and the problems of appeal against decisions, actions (inactions) of customs authorities of the Russian Federation. Based on the current legislation, the author outlines the following aspects of the institution of appeal in the customs practice: correlation between the departmental and judicial procedure of appeal; the advantages of the departmental procedure of appeal; persons authorized with the right to appeal against decisions, actions (inactions) of customs authorities; the compulsory requirements to the appeal; the problems of appeal and the simplified procedure of appeal. The author applies the method of analysis of statutory instruments and scientific literature, the comparative-legal methods and the method of generalization of data. The author comes to the following conclusions: the procedure of appeal against decisions, actions (inactions) of customs authorities or their officials can be implemented according to the administrative and (or) judicial procedure. Administrative (departmental) procedure has certain advantages and is actively used by the participants of foreign economic activities and other interested parties. The author outlines the directions of appeal and the problems of law enforcement practice.

Keywords: authorisation, Federal Customs Service of the Russian Federation, consideration of an appeal, simplified procedure, right to protection, administrative code, customs legislation, terms, appeal, customs authorities

DOI: 10.7256/2454-0595.2016.6.67905

DOI: 10.7256/2454-0595.2014.6.12114

DOI: 10.7256/2454-0595.2014.6.64972

Abstract: The article analyzes the issue of whether it is acceptable to apply the Federal Law “On Organization of Provision of State and Municipal Services” to the activities of public government bodies on assessment of claims of citizens. The author has studied the practice of recognition of the procedure of assessment of claims by various state and municipal bodies as a state (municipal) service. The author has studied the regulations, including administrative regulations on assessment of claims of persons as a state (municipal) service. The author provides an algorithm for the application of specialized legislation on state (municipal) services to the procedure of assessment of claims of citizens. Publication is based upon the general scientific dialectic method. The special methods used for this research involve systemic structural, formal legal, logical and comparative legal methods. The article substantiates the thesis that assessment of claims of citizens by the government (municipal) bodies is a type of state (municipal) service. The author establishes and analyzes two groups of administrative regulations of government bodies, both proving and contradicting this thesis. The author offers to assess the primary claims of citizens based upon the universal norms of the Federal Law “On Organization of Provision of State and Municipal Services”, and as for the secondary claims (regarding challenging and complaints on the responses to the primary claims), they should be assessed in accordance with the special rules of the Federal Law “On Organization of Provision of State and Municipal Services”.

Keywords: claim, the right to claim, claims of citizens, state service, municipal service, public service, administrative regulation, legislation on claims, complaint, allegation.

DOI: 10.7256/2454-0595.2015.8.15794

Abstract: The subject of the research is a range of legal and organizational problems of administrative-legal regulation of identification of a subject of an administrative offence. The authors carry out a theoretical and legal analysis of the concepts of legal regulation of the subject of an administrative offence characterizing. The article presents the authors’ positions on the notion of administrative-legal prevention of offences and ascertainment of personal and professional qualities of the subject of administrative offence. Special attention is paid to the development of methods and methodology of administrative-legal regulation of offences prevention. The authors carry out a theoretical and legal analysis of the concepts of preventive activities in the sphere of administrative-legal regulation. The article presents the authors’ positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods used in special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that at present it is necessary to enhance forms and methods of ascertainment of personal and professional qualities of a subject of an offence in order to provide law and order in the sphere of administrative law application. The main contribution of the authors is the declaration of the need to develop administrative-legal regulation of the revelation of potential subjects of administrative offences. The novelty of the research lies in the proposals about the development of forms and methods of administrative-legal regulation of preventive activities and the creation of legal and organizational guarantees of legality in Russia.

Keywords: motivation, coercion, sanction, punishment, delict, offence, trait, offender, personality, guilt

DOI: 10.7256/2454-0595.2015.8.66803

Keywords: motivation, coercion, sanction, punishment, delict, offence, trait, offender, personality, guilt

DOI: 10.7256/2454-0595.2013.9.63187

Abstract: The right of citizens to petition to the state government body is more than the means of implementation of constitutional rights and freedoms in according to the Constitution of the Russian Federation. It is also a link between the government and the people. In this article the author discusses the problems of implementation of the right of citizens to petition the state government bodies and possible solutions to these problems, taking Yamalo-Nenetsky Autonomous District as an example. The article contains comparative legal analysis of the current normative legal acts of the Yamalo-Nenetsky Autonomous District in this sphere, as well as results and recommendations. The positive experience of Yamalo-Nenetsky Autonomous District in the sphere of relations between the people and the government bodies can be used as an instrument for the improvement in the activities of the state government bodies and municipal bodies in other constituent subjects of the Russian Federation.

Keywords: constitutional law, state, petition, citizens, state bodies, people, government, officials, personal reception of citizens.

DOI: 10.7256/2454-0595.2013.10.63346

Abstract: The article includes analysis of the modern approaches towards establishing administrative and legal status of the citizens of the Russian Federation in the sphere national security guarantees, the authors offer its definition, show its structure and specific features, analyze the correlation between the terms” legal status” and “legal position”, single out specific features of administrative legal status of citizens of the Russian Federation, show the difficulties in the sphere of its formation, establish types of administrative legal statuses of citizens.

Keywords: person, individual, citizen of the Russian Federation, administrative law, administrative legal competence, rights, freedoms, lawful interests, responsibility, administrative legal position, national security, federal executive bodies.

DOI: 10.7256/2454-0595.2016.12.20091

Abstract: The research subject is the provisions of municipal legislation of the federal, regional and local levels, regulating the activities of local government bodies, aimed at the protection of human rights and freedoms. The author studies the work of local government bodies in the sphere of the protection of human rights and freedoms, performed with the help of specific methods, procedures and means. Special conditions are created on the local level, necessary for the implementation of constitutional rights and freedoms of citizens. It helps the population of the municipal entity solve local problems independently. The article analyzes the authorities of local government bodies in the implementation and protection of rights and freedoms of citizens, and their rights and responsibilities in this sphere. The research methodology includes general scientific and specific methods, including analysis, the deductive, logical and formal-legal methods. The scientific novelty consists in the consideration of local government bodies as the subjects, protecting rights and freedoms of citizens. The author concludes about the socially important character of activities of local government bodies, aimed at the protection of citizens’ rights and freedoms. The author substantiates the necessity to include local government bodies in the system of agencies, protecting human rights and freedoms, enshrined in the article 2 of the Constitution of the Russian Federation.

Keywords: democracy, municipal entity, local problems, municipal control, territorial public self-government, human rights protection, local government bodies, local government, human rights, citizens' appeals

DOI: 10.7256/2454-0595.2016.12.68528

Keywords: democracy, municipal entity, local problems, municipal control, territorial public self-government, human rights protection, local government bodies, local government, human rights

DOI: 10.7256/2454-0595.2015.12.15328

Abstract: The article is devoted to the study of particular aspects of imposition of administrative liability on legal entities for the violation of migration legislation, aimed at its improvement and observation of rights and freedoms of foreign nationals on the territory of the Russian Federation. The author considers the issues of administrative liability for allocation of accommodation or transport, or for any other services to a foreign national or a stateless person, staying in the Russian Federation, out of the existing order or rules of transit through the territory. The author applies the method of comparative analysis and empirical and analytical materials provided by the officials of the Federal Migration Service of the Russian Federation. The author concludes that it is not important whether the premises are living or not according to the legislation; the only important is the fact that they had been used for living. If the examination shows that the premises had been used for living, e.g. reveals resting places, places for cooking or meal, then the allocation of such an accommodation will be considered as a ground for sanctions imposition.

Keywords: foreig№ citize№, gra№ti№g of premises, violatio№ of migratio№ legislatio№, admi№istrative respo№sibility, legal perso№s, vehicle, other services, perso№ without citize№ship, violatio№ of the established order, rules of tra№sit through

DOI: 10.7256/2454-0595.2015.12.67155