DOI: 10.7256/2306-9945.2022.2.38148

Abstract: The subject of the study is the norms of the Code of Administrative Offences of the Russian Federation, which establish administrative responsibility for acts committed with the use, application or through information and communication networks, including the Internet, as well as materials of law enforcement practice. The object of the study is the public relations that are developing regarding the bringing to administrative responsibility of persons posting information on the Internet that is prohibited for distribution on the territory of the Russian Federation. The methodological basis of the presented article consists of methods used in scientific research, such as the method of system analysis, synthesis and the formal logical method. The main conclusion drawn from the results of the study is that, in accordance with the current legislation, it is possible to bring to administrative responsibility any person who posted on the Internet information prohibited for distribution on the territory of the Russian Federation, regardless of when and for what purpose it was committed, whether an unlimited number of people had access to the specified information. It is proposed to protect the rights and legitimate interests of Internet users when developing a new Code of Administrative Offences of the Russian Federation to take into account the fact that the qualifying sign of an illegal act on the Internet should not just be the commission of an offense using communication networks, including the Internet, namely the fact of public dissemination in open access for an unlimited number of people.

DOI: 10.25136/2409-7136.2021.5.35668

Abstract: The object of this research is the social relations arising with regards to bringing to administrative responsibility and imposition of administrative penalties in the form of administrative fine on the persons who have committed administrative offenses. The subject of this research is the current administrative legislation of the Russian Federation that regulates the procedure for bringing the offenders to administrative responsibility, as well as the materials of judicial statistics and practice on imposition of administrative penalties in the form of fines. Analysis is conducted on the amendments in administrative legislation that took place in recent years. The author compares the judicial statistics for the period from 2015 to 2019. The novelty consists in the fact that having analyzed the amendments in administrative legislation and judicial statistics, the author concludes that the practice of bringing the offenders to administrative responsibility testifies to the lack of effectiveness of the taken measures. The growing number of offenses indicates that administrative responsibility does not achieve the goals set by the Part 1 of the Article 3.1 of the Code of the Russian Federation on Administrative Offenses. The natural response of the legislator to low efficiency consists in increasing the size of administrative penalties and application of stricter sanctions, but it won’t produce the desirable effect. Therefore, the author offers to develop and adopt a new procedure for replacing one type of administrative penalty with another.

DOI: 10.7256/2454-0692.2020.2.33103

Abstract: The research object is social relations connected with the admission of novice drivers to traffic on roads and the issue of driver’s licences. The research subject is the set of normative acts of the Russian Federation regulating the admission of drivers to traffic on roads, and the statistical data of the State Road Safety Unit on road accidents with novice drivers whose driving experience is up to 2 years. The authors analyse road accidents with novice drivers, identify the main reasons of accidents and offer the solutions to these problems. The scientific novelty of the research consists in the fact that the analysis of traffic accidents helped to outline the problems that should be solved within the shortest possible time in order to reduce the number of road accidents caused by novice drivers. In this context, the authors suggest introducing changes into the legislation of the Russian Federation which would allow for the declaration of driver’s licences issued in other states invalid, as well as the exchange of non-Russian driver’s licences for Russian ones only after adequate training and passing the exams. Besides, the authors suggest introducing the possibility for juveniles who passed the exams to drive a vehicle before they arrive the age of 18 with particular restrictions and accompanied by an experienced driver.   

DOI: 10.7256/2306-9945.2020.2.33567

Abstract: The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.

DOI: 10.7256/2454-0692.2017.2.22109

Abstract: The research subject is legal regulations, judicial practice materials, and activities of public officials, aimed at collection, fixation, and procedural consolidation of evidences for cases of administrative offences, committed via the Internet. The research object is social relations, arising during judicial proceedings on cases of administrative offences, committed via the Internet. Special attention is given to the issues of determination of a person and a place of an administrative offence, committed via the Internet, and the problem of collection and fixation of evidences for such offences. The research methodology is based on the set of general scientific and special research methods of cognition (empirical, analytical, and system methods, analysis, synthesis, etc.). The scientific novelty consists in the fact that the author offers practical recommendations for the determination of an offender and a site of the offence. The author concludes that the fixation of evidence, taken from the Internet, can be performed both in a form of a protocol, and in the form of an act, and demonstrates the sample of a protocol (act) of examination of a web page.

DOI: 10.7256/2454-0595.2016.12.21316

Abstract: The research subject includes the causes and conditions of commission of administrative offences via the Internet, the practice of administrative norms implementation for the detection and elimination of causes and conditions of administrative offences commission. The research object is social relations in the sphere of prevention of administrative offences on the Internet. Special attention is given to the characteristic of the subjects of administrative offences, their age, gender, social status and motives, which are studied on the base of the analysis of judicial practice of the Russian Federation on administrative offences, committed via the Internet. The research methodology is based on the set of general scientific and special methods of cognition (historical, comparative, statistical, empirical, analytical, system methods, analysis and synthesis). The scientific novelty of the study consists in the fact that this is the first delictological study of administrative offences, committed via the Internet, containing the characteristic of their subjects. The author comes to the conclusion that to eliminate the causes of administrative offences, it is necessary to assume the set of measures for the improvement of the state policy aimed at the prevention of offences committed via the Internet.