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.  

DOI: 10.7256/2454-0595.2016.9.18587

Abstract: The authors study the legal regulation of punitive sanctions in the process of banking supervision. Special attention is paid to the study of a dualistic nature of punitive sanctions used as pre-trial restrictions and measures of administrative punishment. The authors consider the basic conceptual approaches to the classification of administrative pre-trial restrictions in banking supervision. The authors work out the proposals about the creation of positive incentives to the development of the activities of lending agencies by means of the system of positive sanctions – “repayable penalties”, as a pre-trial restriction. The research methodology is based on the modern achievements in epistemology. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of special sociological research. The authors conclude that a penalty, used as a pre-trial restriction in banking supervision, should be repayable, i.e. the payed penalty should be repaid to the lending agency upon the in-time elimination of its grounds. Otherwise, if the reasons of a penalty are not eliminated, the penalty shouldn’t be repaid to the lending agency.