DOI: 10.7256/2306-9945.2023.4.40631

Abstract: According to the Constitution of the Russian Federation, administrative and administrative procedural law are jointly administered by the Federation and its regions. The article, based on the analysis of the practice of consideration by courts of administrative cases on challenging normative legal acts adopted by legislative bodies of state power at the regional level, highlights the features of consideration, identifies problematic issues and prospects for the rule-making of state bodies of public authority of the subject of the Russian Federation. The laws of the constituent entities of the Russian Federation on administrative offenses are also joint issues of federal and regional legislative authorities. When appealing against such regulations, the courts are guided by both the Administrative Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The main conclusion of the study is that there is currently a judicial practice on challenging the laws of the regions of the Russian Federation on administrative offenses that contradict federal legislation. Despite detailed checks of the laws before adoption, the problem of the existence of illegitimate regional laws remains relevant. Specific examples are given on the adoption of regional acts on administrative offenses with exceeding the powers of a subject of the Russian Federation. The novelty of the research lies in the assessment of the current state of legislation and judicial practice of its implementation. The author's special contribution to the research of the topic is to identify ways to further improve and prospects for the development of the procedure for adopting and challenging regional laws on administrative offenses. The practical significance of the research lies in the development of scientifically-based proposals for additional in-depth understanding and development of legal relations in the field of rulemaking at the regional level, including from the point of view of judicial norm control.

DOI: 10.7256/2454-0595.2018.12.28426

Abstract: The subject of the research is the legal status of a police officer as a participant of administrative proceedings. The object of the research is the right of a police officer to appeal against court decrees and interlocutory judgements. The author analyzes modern principles and legal basis of the procedure that can be used by a police officer to appeal against court decrees. Having analyzed administrative legislation of the Russian Federation, Sultanov discovers that the Administrative Offences Code of the Russian Federation does not mention the right of a police officer to appeal against court decisions. The author of the article focuses on the appealing procedure by police officers at the regional level and describes cases and methods used by police officers to appeal against court decisions via prosecution office. The methodological basis of the research implies a set of the most commonly used research methods and techniques such as analysis and synthesis of legislation within the subject matter of the research, formal law method, and structured logical description. The main conclusion of the research is the statement that a police officer may appeal to a prosecution office against a court instruction when the court returns materials to the police stating that the materials are incomplete. The author analyzes particular court decisions that contradict the law. The novelty of the research is caused by the fact that the author provides an evaluation of the actual state of the law and practical implementation of the law when court decisions and instructions are being appealed. The author's special contribution to the topic is that he defines patterns for further improvement and development prospects of the appealing procedure that may be used by police officers at prosecution office. The practical important of the research is that the author makes particular scientifically grounded suggestions. 

DOI: 10.7256/2454-0595.2018.10.27499

Abstract: The authors of the article analyze topical issues and the role of internal affairs bodies in the implementation of the legislation of the Russian Federation constituents on administrative offences. The authors analyze the most recent changes in the federal legal acts and regional acts that regulate the procedure of instituting administrative action based on the Russian Federation constituents' laws. The authors offer particular recommendations that would allow to eliminate the issues caused by the treaties of transfer of authority to police officers to initiate proceedings on adminitrative offences based on the regional laws. The methodology of the research implies a combination of the most commonly used research methods and techniques such as synthesis and analysis of applicable laws, formal law method, and structured logical statement. The main conclusion of the research is that there are certain administrative laws of the Russian Federation constituents that contradict to the federal law. The authors provides particular examples when regional administrative acts are issued with the excess of jurisdiction of the Russian Federation constituent. The novelty of the research is caused by the authors' evaluation of the current state of legislation and its practical implementation. The authors' contribution to the topic is the fact that they define areas of improvement and prospects of the development of regional laws on administrative offences taking into account the Federal Law No. 247 about the need in treates between regional authorities and the Ministry of Internal Affairs of Russia on the transfer of authority. The practical importance of the research is caused by the fact that the authors give scientifically grounded recommendations on how to create draft treaties as part of the police execution of the regional legislation. 

DOI: 10.7256/2454-0595.2018.2.25864

Abstract: The authors of this research focus on oustanding issues of the Russian Federation laws on administrative offences in the field of counterfeit alcohol turnover. They analyze the main contradictions between federal and regional laws on administrative offences and offer recommendations to eliminate these. The authors analyze recent changes and amendments to federal and regional laws that regulate the procedure for bringing to administrative responsibility in the field of alcohol turnover as well as activity of regional authorities and local authorities aimed at elimination of administrative responsibility. The make recommendations on how to improve administrative laws of the Russian Federation constituents. The methodology of the research implies a combination of the most commonly used research methods and techniques including analysis and synthesis, formal law method, structured logic representation of the material, and comparative law analysis. The main conclusion of the research is that there are administrative laws of the Russian Federation constituents that contradict to federal laws and regulations. Despite detailed analysis of laws before issuing them, the problem of illegitimate regional laws remains. The authors provide particular examples when regional administrative laws were adopted exceeding the limits of the Russian Federation constituent's authority. The novelty of the research is caused by the fact that the authors evaluate the current state of law and implementation practice. The authors' special contribution to the topic is their description of areas of improvement and development prospects of the process of regional administrative laws adoption. The practical importance of the research is caused by the fact that the authors provide scientifically proved recommendations regarding development of the regional administrative law. 

DOI: 10.7256/2454-0595.2017.7.22390

Abstract: The research subject is the issues of police officers’ appeal against court decisions on administrative cases due to the leniency of imposed administrative punishment. The research object is the certain stage of administrative proceedings - appeal against court decisions. The authors study the modern principles and normative framework of the procedure of appeal against court decisions by police officers. Special attention is given to the procedure of appeal against decisions at the municipal level. The authors describe the cases when police officers have the right to appeal against court decisions if the imposed punishment is a fine. The authors formulate particular recommendations for execution of procedural documents for the commitment for trial. The research methodology includes the set of the most commonly used methods and research techniques including analysis and synthesis of the legislation on the problem in question, the formal-legal method, structural and logical narration of the cases under study, comparative-legal research. The authors conclude that it is legally acceptable if police officers appeal against court decisions due to the leniency of the imposed punishment. The authors give particular recommendations for the execution of procedural documents for commitment for trial for the purpose of imposition of a more severe punishment. The scientific novelty of the study consists in the assessment of the present condition of legislation and the practice of its implementation in appeals against court decisions. The particular contribution of the authors is the elaboration of the ways of further improvement and the prospects of development of the procedure of appeal against court decisions by police officers without the involvement of the procuracy authorities. The practical importance of the study consists in the elaboration of scientifically grounded recommendations for the execution of documents for commitment for trial, specification of a subject and a reason for appeal.