DOI: 10.7256/2454-0706.2017.7.18030

Abstract: The subject of this article is the theoretical problems in determining the notion of “corruption”, associated with identification of diplasty (combination) of such social phenomena as law and morality. The currently existing in legal literature conceptual approaches towards the term “corruption” to an extent endure the oversimplified understanding of this question, which often emerges from the insight that such phenomenon is based on the corruption[WU1]  legal violation, but sidestepping the presence of other corruption phenomena that are not illegitimate, in its essence carry a corruption character. Among them, a significant place is held by the amoral actions (ethical trespass). In particular, it translates into the fact that moral norms unlike the legal are always legitimate, because it is the main condition of their formation and impact. If one or another behavioral norm is not supported by the majority of society or a separate social group, it becomes “vain”.  Special attention is given to the legal concept that suggests relying upon the presumption of their illegitimacy, rather than presumption of amorality of manifestations of corruption. A conclusion is made that the misuse of public status for personal purposes represents a corruption legal violation. The scientific novelty of this research consists in articulation of the theoretical problems on improving the anticorruption legislation.  [WU1]

DOI: 10.7256/2454-0706.2017.7.42920

Abstract: The subject of this article is the theoretical problems in determining the notion of “corruption”, associated with identification of diplasty (combination) of such social phenomena as law and morality. The currently existing in legal literature conceptual approaches towards the term “corruption” to an extent endure the oversimplified understanding of this question, which often emerges from the insight that such phenomenon is based on the corruption[WU1]  legal violation, but sidestepping the presence of other corruption phenomena that are not illegitimate, in its essence carry a corruption character. Among them, a significant place is held by the amoral actions (ethical trespass). In particular, it translates into the fact that moral norms unlike the legal are always legitimate, because it is the main condition of their formation and impact. If one or another behavioral norm is not supported by the majority of society or a separate social group, it becomes “vain”.  Special attention is given to the legal concept that suggests relying upon the presumption of their illegitimacy, rather than presumption of amorality of manifestations of corruption. A conclusion is made that the misuse of public status for personal purposes represents a corruption legal violation. The scientific novelty of this research consists in articulation of the theoretical problems on improving the anticorruption legislation.  [WU1]

DOI: 10.7256/2306-9945.2017.3.19843

Abstract: The research subject is the set of legal documents guaranteeing the implementation of principles of state control over automobile transport in the Russian Federation. The purpose of the research is to study the problems of the process of implementation and to develop administrative provisions, which can help solve these problems. The authors analyze the concept of the principles of state control and describe their scientific classification. The authors consider each of the principles and characterize them. Special attention is given to the principle of the priority of life and health of the participants of road traffic over the economic results. The research is based on the methods of system analysis, the comparative-legal, formal-legal and other methods approved by modern jurisprudence. The authors conclude that the proposed administrative-legal measures aimed at the increase the effectiveness of passenger and cargo carriage can be integrated in the current state programs subject to appropriate financing. The scientific novelty of the study consists in the analysis of administrative and legal problems of state control over automobile transport and in the elaboration of proposals about their elimination. 

DOI: 10.7256/2453-8906.2017.1.20205

Abstract: The subject of this research is the normative legal foundation and law enforcement practice within the system of civil aviation control in Russia, while object is the social relations within it. The relevance of the topic is substantiated by the theoretical and practical importance of the choice of strategic and tactical solutions of sociopolitical, economic, legal, and ideological character, which ensure the development of civil aviation in the Russian Federation. It is guidedly connected with irrevocability of the processes of establishment of the democratic, free, and just society and state in Russia. The authors explain the need for the coordinated complex development of all elements of the aviation transportation infrastructure based on the comprehensive analysis of statistical data and use of the mathematical methods of forecasting of the demands of economic sector and population in transportation services, development of the system of statistical accounting, establishment of the transportation-economic balance, analysis of the model of development of transportation system for the purpose of selection of the optimally balanced options, etc. Special attention is given to the increase of the level of legal support to the civil aviation control. The main conclusion consists in the fact, that at the present stage in order to ensure the efficient management of civil aviation in Russia, it is necessary of improve the forms and methods of administrative activity, as well as provide the essential level of lawmaking and law enforcement in this sphere. The scientific novelty lies in examination of the inherent peculiarities of functionality of the system of civil aviation control in Russia, as well as characteristics of the constituent elements of organizational-legal relations.

DOI: 10.7256/2454-0595.2016.12.19952

Abstract: The research subject is statutory instruments, regulating the relations in the sphere of administrative regulation of motor vehicles management in Russia. The authors consider the following problems: the presence and the level of legal support of organization and activities of motor vehicles in Russia; the objectives of motor vehicles management system; the necessity to plan and coordinate the activity of transport organizations. Special attention is paid to the study of legal gaps and collisions, to bringing the proposals about their elimination on the base of the analysis of scientific works of the leading specialists in the sphere of legal regulation of motor vehicles. The research methodology is based on the modern achievements of epistemology. The authors apply 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 sociological studies (statistical, expert assessments, etc.). The authors conclude that in order to achieve the high level of effectiveness of motor vehicles management in Russia, it is necessary to develop the set of statutory instruments, taking into account the specific peculiarities of this mode of transport. This process can be concluded with the development of the Code of motor transport of the Russian Federation. The scientific novelty of the work consists in the complex study of administrative aspects of motor vehicles state management. 

DOI: 10.7256/2454-0668.2016.6.19897

Abstract: The subject of this article is the normative legal acts that regulate the work of institutions and organizations that ensure protection to population and territories from the negative impact of natural and technogenic factors. The authors thoroughly examine the peculiarities of registration of the indicated institutions and organizations, which is the primary foundation necessary for the rescue organizations for realization of actions pertaining to the rescue of citizens and property. Special attention is given to the implementation of registration procedures on the regional and local levels. The work explores the existing gaps in legislation, which according to the authors’ opinion, hinder the full realization of registration procedure for the separate types of emergency and rescue organizations. The scientific novelty is defined by the characteristics of peculiarities of the administrative and legal status of institutions and organizations that ensure protection to population and territories from the negative impact of natural and technogenic factors, as well as posing and resolution of the issues of sufficiency of the legal regulation of their work. The main conclusion lies in the fact that for the improvement of organization and work of the objects in question, it is necessary to eliminate the gaps in legislation based on the graded approach towards determination of their legal competence, depending on the presence of certain functions within them.  

DOI: 10.7256/2454-0595.2016.4.16725

Abstract: The research object covers social relations arising in the process of exercise of powers by executive authorities. The research subject is the range of legal norms defining the discretionary powers of the officials. The authors analyze the discretionary authorities in the process of executive decision-making as a possible corruption element of such decisions. Special attention is paid to the authors’ position on the essence of this legal category. The authors state that discretionary powers become a factor, provoking the improper behavior (including the cases of bribery) of an official, when its limits are not clearly defined, or the criteria of its application are absent. The research methodology comprises general scientific methods (dialectics, analysis synthesis), and special methods (technical, system-structural, and comparative-legal). They allow carrying out a comprehensive and complex analysis of the research subject, formulate theoretical generalizations, offer practical recommendations, and formulate the conclusions. The dialectical approach was largely applied for the analysis of the contradictory character of a managerial discretion. The authors conclude that the exercise of executive function, like any other governmental function, is not possible without a certain space for a free discretion (administrative discretion); the existence of discretionary powers presupposes the freedom of discretion of an official within the legal framework; in the authors’ opinion, discretionary powers should be considered as a specific form of law enforcement activity. It shouldn’t be the matter of a radical elimination of law enforcement discretion, but the matter of development and legal consolidation of the criteria of a proper exercise of such powers. 

DOI: 10.7256/2453-8914.2016.1.20004

Abstract: The subject of this research is the complex of laws that regulate the public relations in the area of supplies and technical equipment in administering first aid. The authors explore the key legal mechanisms and sources of equipment of all categories of potential parties to administration of first aid with first aid kits and basic emergency medical equipment. Analysis is conducted on the licensing process related to such equipment. A special attention is given to the legal issue pertaining to the absence of the legal requirement for the contents of the first aid kits and required emergency medical equipment, as well as the low level of equipment preparedness of the potential members of administration of first aid, even with existence of the established requirements for administration of first aid. Among the main conclusions is the claim that the gaps in the legal support, and in a number of cases complete absence of norms, is a serious organizational legal problem, and certainly decreases the quality of administration of first aid. The scientific novelty of this work consists in a complex and comprehensive research of the problem of optimization of the legal support in the sphere of technical equipment in administration of first aid.