DOI: 10.7256/2306-9945.2015.3.15876

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of establishing the causes and conditions of administrative offences. The authors carry out the theoretical and legal analysis of the concepts of legal regulation establishing the causes and conditions of administrative offences. The article presents the authors' position on the notion of administrative-legal prevention of offences and establishment of personal and professional qualities of the subject of an administrative offence. The main attention is paid to the development of methods and methodology of administrative-legal regulation of establishment of the causes and conditions of administrative offences. In addition, the article presents a theoretical and legal analysis of concepts of preventive activities in the sphere of administrative legal regulation. The article considers the authors' positions concerning 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 logic), as well as the methods used in the concrete sociological research (statistical, expert evaluations, etc.).The authors conclude that to provide law and order in the sphere of administrative law it is necessary to improve the forms and methods of establishment of the causes and conditions of administrative offences. The main contribution of the authors is the conclusion about the necessity to develop administrative regulations of identification of potential subjects of administrative offences. The novelty of the article lies in the proposals for the development of forms and methods of administrative-legal regulation of preventive activity, and the creation of legal and institutional guarantees of legality in our country.

DOI: 10.7256/2306-9945.2015.1.15849

Abstract: The article is devoted to 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 about 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 towards 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.