Administrative and municipal law - rubric Legislation commentary

Abstract: It is undoubted that the arms may be seen as objects of special cultural value within the context of history and material culture. At the same time the Russian law still fails to provide the normative legal definition of arms, holding cultural value, the conditions for its turnover, while the related problems have been existing in practice for quite a while. This article by E.V. Veselova is devoted to the topical problems in this sphere, it also provides the possible definition of this type of arms.

Abstract: Review: new normative act is aimed first of all on prevention of early alcoholism, drug addiction, tobacco smoking and unwanted pregnancies among the juveniles, and on protection of physical, moral and spiritual development of children.

Keywords: social legislation, interests of a child, family, society, teenagers, peers, underage, suicides, drugs.

Abstract: The new normative act has formalized in legislation one more memorable date of Russia, the Day of Partisans and Undergrounders on June 29. There isn’t an official “rapparee” service in modern Russia so of course honoring partisans and undergrounders is a historical holiday in Russia. This is another moment of the history creating the dignity of the country and making us remember Russian heroes.

Keywords: rapparee, honoring, partisans, holiday, history, undergrounders, dignity, heroes, courage.

Abstract: Key words: security, conception, law order, sport, event, law, enforcement, rules, order. Abstract: the issue of enforcement law order and public security are very topical now. The need to legally regulate enforcement of public security due to forth-coming major sports events requires dynamic actions from the appropriate authorities and officials. Based on the conception proposed, it is possible to develop a new federal law which has been so much talked about lately.

Abstract: the article contains a review and an analysis of the court practice of legal proceedings on administrative violations in the sphere of customs’ activity. The author concluded that legal proceedings on administrative violations in custom agencies’ activity are very complex

Keywords: protection, rights, customs, administrative legal relations, administrative responsibility, jurisdiction, legal proceedings on administrative violations, punishment

DOI: 10.7256/2454-0595.2021.6.31549

Abstract: The subject of this research is the analysis of international standards of the human right to health care and possibility of its codification in the Constitution of Ukraine. The author examines the standards of the human right to health in the basic international acts; determines their role in ensuring the implementation of the human right to health care; analyzes their implementation and entrenchment in the Constitution of Ukraine. The article employs the method of analogy and analysis for examination of the full scope of international health legislation and the feasibility of its implementation. It is proven that the level of implementation of international legislation is extremely low despite of all formal efforts. The author formulates recommendations for amending the Constitution of Ukraine that would allow accelerating the vector of changes in legislation for the purpose of protecting citizens.

Keywords: social activity, medical help, international agreement, Constitution of Ukraine, constitutional law, health care, international standarts, health care availability, implementation, human dignity

DOI: 10.7256/2454-0595.2018.1.24580

Abstract: The object of the research is the legal regulation of administrative procedures in the Customs Code of the Eurasian Economic Union. Based on the comparative analysis of the provisions of the Customs Code of the Customs Union and Customs Code of the Eurasian Economic Union, the author concludes that there has been certain systematization and optimization of administrative procedures performed by customs authorities, in particular, control or supervisory agencies. In addition, the author describes trends and changes in the legal regulation of administrative procedures such as acceleration and simplification of customs operations, extention of the regulation intergration level, and impact of information technologies. The main research methods include systems and comparative law analysis, classification, historical law and formal legal law methods. The novelty of the research is caused by the fact that the author defines and offers a classification of new customs laws issued within the framework of the Eurasian Economic Union. The author focuses on administrative procedures of customs authorities' activity under the conditions of integration and defines regular patterns of the legal regulation of administrative procedures, procedures performed by customs authorities, and concludes that there has been a tendency towards decreasing the control and supervisory influence on business activities.

Keywords: special simplification, customs formalities, forms of customs control, instruments of customs control, systematization of administrative procedures, objectives of customs authorities, functions of customs authorities, customs control, customs authorities, administrative procedures

Abstract: This is the continuation of comments to the federal law on valuation activity published in the previous issue of the journal. This time the authors viewed the questions of presumption of market-value assessment and its connection with accounting. Significant part of the article is devoted to obligatory cases of evaluation procedure

Keywords: legal science, evaluation, market, value, evaluator, customer, SRO, privatization, seizure, property

Abstract: Valuation activity is not only the economic activity of appraisers. Their activity gives birth to rights and responsibilities of their clients, the third parties, non-commercial organizations and bodies of state and municipal power. Valuation activity has been regulated by the federal legislation since 1998. During that period of time principles and provisions of laws have often changed, sometimes radically. Since regulation of valuation activity is of great importance, we can talk about so-called ‘valuation law’ as a system of legal norms regulating legal relations related to valuation activity. Despite the obvious role of valuation, the existing legal base regulating valuation is still insufficient. The authors of this comment to legislation tried to systematize the legal regulation of valuation activity in the form of comment to the federal law ‘On Valuation Activity in the Russian Federation’

Keywords: evaluation, business, valuation activity, fair value, legal regulation, appraiser, self-regulating organization, deal, treaty

DOI: 10.7256/2454-0595.2015.3.13038

Abstract: The main issue of the article is the conformity of Russian legislation regulations with international law in the context of the basic principle of international law supremacy. The author considers the example of the new version of the Federal Law On Road Traffic Safety correspondence with Geneva Convention On Road Traffic, particularly, the provision not allowing the use of national driving license of other countries and international driving lisense ussued by other states in cases of commercial traffic. The author uses the comparative-legal method, the methods of comparison, description, the axiomatic method, analysis and synthesis. The importance of the research lies in its novelty, as it's the first scientific reseacrh on this problem since the adoption of amendments to the Federal Law On Road Traffic Safety. The article touches upon not only this particular law, but Russian national legislation in general in its correspondence with international law.

Keywords: international law supremacy, national legislation, international driving license, national driving license, labour rights, discrimination, Constitution, Convention of Road Traffic, serious contradiction, violation of rights

DOI: 10.7256/2454-0595.2015.3.66235

DOI: 10.7256/2454-0595.2016.6.19336

Abstract: The research subject is the analysis of the statutory base of government control (supervision) implementation by the authorized bodies of state power. This sphere of public administration unfairly lacks attention of the prosecution bodies of the Russian Federation carrying out supervision over the legality of the control (supervision) of the authorized bodies of state power over local authorities and their officials. The established judicial practice neither furthers the uniform interpretation of the order of implementation of the article 77 of the Federal Law of 06.10.2003 No 131. The author applies the set of methods: the system, comparative-legal, statistical, formal-logical and others. The author detects the unfair attempts of particular bodies of state power, authorized in the sphere of control and supervision, to exclude the profile form of control and supervision from the scope of the article 77 of the Federal law of 6.10.2003 No 131 “On the fundamentals of organization of local authorities in the Russian Federation”.

Keywords: the European Charter, subordinate rulemaking, judicial practice, the Prosecutor's office of the Russian Federation, officials, local authorities, The Constitution of the Russian Federation, government control, protection of local self-government, presidential commission

DOI: 10.7256/2454-0595.2016.6.67906

Keywords: the European Charter, subordinate rulemaking, judicial practice, officials, local authorities, The Constitution of the Russian Federation, government control, protection of local self-government, presidential commission

DOI: 10.7256/2454-0595.2016.7.19586

Abstract: The author notes that in the context of achievements of the recent administrative reform, it is necessary to study the issues of supervisory activities harmonization. The author evaluates the attempt to develop and adopt the special federal law on supervisory activity which is currently being prepared by the Ministry of Economic Development of Russia. The author considers the adoption of this document unreasonable and concludes that it is necessary to continue the improvement of the existing federal law of 26 December 2008 No 294 “On the protection of rights of legal entities and entrepreneurs during state and municipal control”, whose potential hasn’t been exhausted. The author analyzes the practice of enforcement of the article 19.6.1 of the Administrative Offences Code of the Russian Federation and formulates the proposals about the improvement of the effectiveness of its provisions application. For the purpose of supervisory activities harmonization, the author suggests establishing the procedure of public substantiation of introduction and redistribution of supervisory functions of executive authorities. The author notes the necessity to introduce the procedure of public administrative consultations with the organizations of entrepreneurs regarding supervisory activities. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the sphere of supervisory activity improvement, it is necessary to observe the legislation on supervisory activity; therefore, it is necessary to develop the legislation on supervisory activity.

Keywords: regulation, special, offence, activities, government, form, supervision, control, act, monitoring

DOI: 10.7256/2454-0595.2016.7.67949

Keywords: regulation, special, offence, activities, government, form, supervision, control, act, monitoring

DOI: 10.7256/2454-0595.2015.7.14348

Abstract: The legal status of officials is a basic institution of constitutional law; it requires a complex analysis within the measures taken to improve public administration and local self-government. The purpose of the work is the description of a new model of legislative procedure of election of higher officials of regional and municipal levels. The procedure of elections is the subject of the research. Consideration of these questions in the context of law-enforcement practice is the main objective of the study. This predetermines the relevance of this work for practitioners. The intensive dynamics of improvement of federal legislation in this sphere determines the relevance of the order of election of higher officials of regional and municipal levels. The conclusions of the article allow the use of new legislative provisions in accordance with constitutional principles.

Keywords: political party, procedure of election, elections, local self-governement, official, head of municipality, governor, regional filter , competition commission, unity of public authority

DOI: 10.7256/2454-0595.2015.7.66665