DOI: 10.7256/2454-0692.2016.1.16757

Abstract: The research subject is administrative-legal status of a pretrial detention facility of the Federal Penitentiary Service of Russia in implementing law-enforcement functions within penitentiary system of Russia, and systematization of administrative-legal status of a pretrial detention facility. The authors are the first to study this issue due to the fact that the profile of a pretrial detention facility is not quite clear. The research methodology comprises the general scientific dialectical method. The authors also apply the method of historical analysis of administrative status of a pretrial detention facility, and the deductive method, to define the place of a pretrial detention facility in the public administration system. The authors use the methods of induction, analysis and synthesis, which help achieve most of the results and develop the concepts of the study. The authors conclude that it is necessary to improve the elements and components of administrative-legal status of a pretrial detention facility in law-enforcement activities. The authors define the basis of administrative-legal status of a pretrial detention facility and establish its profile. The authors outline the peculiarities of administrative-legal status of a pretrial detention facility; offer the definition of this category. The authors substantiate the composition of this status in the law-enforcement sphere (tasks, functions, rights, duties, responsibility, legal guarantees of a pretrial detention facility as a legal entity), and confirm the concepts of administrative legal competence and capacity of a pretrial detention facility.

DOI: 10.7256/2454-0692.2016.1.67393

Abstract: The research subject is administrative-legal status of a pretrial detention facility of the Federal Penitentiary Service of Russia in implementing law-enforcement functions within penitentiary system of Russia, and systematization of administrative-legal status of a pretrial detention facility. The authors are the first to study this issue due to the fact that the profile of a pretrial detention facility is not quite clear. The research methodology comprises the general scientific dialectical method. The authors also apply the method of historical analysis of administrative status of a pretrial detention facility, and the deductive method, to define the place of a pretrial detention facility in the public administration system. The authors use the methods of induction, analysis and synthesis, which help achieve most of the results and develop the concepts of the study. The authors conclude that it is necessary to improve the elements and components of administrative-legal status of a pretrial detention facility in law-enforcement activities. The authors define the basis of administrative-legal status of a pretrial detention facility and establish its profile. The authors outline the peculiarities of administrative-legal status of a pretrial detention facility; offer the definition of this category. The authors substantiate the composition of this status in the law-enforcement sphere (tasks, functions, rights, duties, responsibility, legal guarantees of a pretrial detention facility as a legal entity), and confirm the concepts of administrative legal competence and capacity of a pretrial detention facility.

Keywords: elements, activities, pretrial detention facility, status, administrative, essence, legal competence, legal capacity, Federal Penitentiary System, law enforcement

DOI: 10.7256/2454-0692.2016.1.16613

Abstract: The article focuses on the current norms of the Code of Administrative Offences of the Russian Federation, regulating the notion of administrative suspension of activity as a form of administrative punishment, as well as the materials of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, containing the normative interpretations of this form of administrative liability. This form of punishment is inflicted only in a judicial proceeding for up to 90 days. Imposition of this sanction is determined by emergencies, threatening life and health of people, epidemic, epizootic, etc. However, the analysis of legal requirements of the Code of Administrative Offences of the Russian Federation indicates that this form of administrative punishment is often used as an alternative to other forms of administrative punishment – administrative fines and confiscation. The authors study the legal nature of this sanction, the real purpose of which is an immediate cessation of illegal actions on the part of the subject, infringing legal regulations.The methodological basis for the article contains the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to exclude this form of administrative punishment from the sanctions of Chapter 14 of the Code of Administrative Offences, since the application of this punishment contradicts its administrative and preclusive legal nature and stimulates corruptogenic risks. The main contribution of the authors is a comprehensive study of scientific and methodological approaches and materials of judicial practice, revealing the pronounced administrative-preclusive nature of this measure of administrative coercion. The novelty of the article lies in the proposals on optimization of administrative sanctions provided in Chapter 14 of the Code of Administrative Offences of the Russian Federation.

Keywords: legal sanction, administrative punishment, state coercion, the administrative coercive measure, preventive measures, preclusive measures, punishing measures, administrative suspension of activity, temporary prohibition of activity, administrative penalty

DOI: 10.7256/2454-0692.2016.1.67394

Abstract: The article focuses on the current norms of the Code of Administrative Offences of the Russian Federation, regulating the notion of administrative suspension of activity as a form of administrative punishment, as well as the materials of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, containing the normative interpretations of this form of administrative liability. This form of punishment is inflicted only in a judicial proceeding for up to 90 days. Imposition of this sanction is determined by emergencies, threatening life and health of people, epidemic, epizootic, etc. However, the analysis of legal requirements of the Code of Administrative Offences of the Russian Federation indicates that this form of administrative punishment is often used as an alternative to other forms of administrative punishment – administrative fines and confiscation. The authors study the legal nature of this sanction, the real purpose of which is an immediate cessation of illegal actions on the part of the subject, infringing legal regulations.The methodological basis for the article contains the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to exclude this form of administrative punishment from the sanctions of Chapter 14 of the Code of Administrative Offences, since the application of this punishment contradicts its administrative and preclusive legal nature and stimulates corruptogenic risks. The main contribution of the authors is a comprehensive study of scientific and methodological approaches and materials of judicial practice, revealing the pronounced administrative-preclusive nature of this measure of administrative coercion. The novelty of the article lies in the proposals on optimization of administrative sanctions provided in Chapter 14 of the Code of Administrative Offences of the Russian Federation.

Keywords: administrative suspension of activity, measures of punishment, preclusive measures, preventive measures, administrative coercive measure, state coercion, administrative punishment, legal sanction, temporary prohibition of activity, administrative penalty

DOI: 10.7256/2454-0692.2016.1.17846

Abstract: The article focuses on legal and organizational problems of crime prevention in the sphere of migration. The author carries out theoretic and legal analysis of the concepts of legal regulation of crime prevention in the sphere of migration from the position of penal regulation. The paper presents the author’s positions on the migration policy. The main attention is paid to the development of methods and methodology of legal regulation of crime prevention in the sphere of migration. The author analyzes the concepts of development of law and migration processes in the modern conditions. The research methodology contains the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of migration, it is necessary to improve forms and methods of legal regulation of criminal activities of migrants. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of migration and provision of legality in this sphere. 

DOI: 10.7256/2454-0692.2016.1.67395

Abstract: The article focuses on legal and organizational problems of crime prevention in the sphere of migration. The author carries out theoretic and legal analysis of the concepts of legal regulation of crime prevention in the sphere of migration from the position of penal regulation. The paper presents the author’s positions on the migration policy. The main attention is paid to the development of methods and methodology of legal regulation of crime prevention in the sphere of migration. The author analyzes the concepts of development of law and migration processes in the modern conditions. The research methodology contains the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of migration, it is necessary to improve forms and methods of legal regulation of criminal activities of migrants. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of migration and provision of legality in this sphere. 

Keywords: movement, foreigner, responsibility, prevention, criminal activity, migration, migrant, policy, cooperation, Ministry of Internal Affairs

DOI: 10.7256/2454-0692.2016.1.17753

Abstract: The research subject includes the relations between legally and organizationally independent public authorities which are formed according to the established legal order for executing particular tasks and functions within their competence, and invested with authorities in the sphere of taxation. The author considers such aspects of the topic as legal jurisdictional powers of federal executive authorities in the sphere of taxation. Special attention is paid to the study of the competence of subjects, pursuing jurisdictional activities in tax sphere. The author applies the systems method and the method of expert assessments. The author concludes that the administrative-jurisdictional competence of federal executive authorities in the sphere of taxation is a statutory amount of state authoritative powers, fulfilled by the authorized bodies in the established procedural form, and aimed at the solution of a certain legal case in the sphere of taxation and prevention of a tax offence; the content of administrative-jurisdictional competence includes the target, object, procedural, and territorial components. The novelty of the study lies in the competence of the subjects, pursuing jurisdictional activities in the sphere of taxation, as a statutory list of issues which should be solved in the process of tax jurisdiction organization. 

DOI: 10.7256/2454-0692.2016.1.67396

Abstract: The research subject includes the relations between legally and organizationally independent public authorities which are formed according to the established legal order for executing particular tasks and functions within their competence, and invested with authorities in the sphere of taxation. The author considers such aspects of the topic as legal jurisdictional powers of federal executive authorities in the sphere of taxation. Special attention is paid to the study of the competence of subjects, pursuing jurisdictional activities in tax sphere. The author applies the systems method and the method of expert assessments. The author concludes that the administrative-jurisdictional competence of federal executive authorities in the sphere of taxation is a statutory amount of state authoritative powers, fulfilled by the authorized bodies in the established procedural form, and aimed at the solution of a certain legal case in the sphere of taxation and prevention of a tax offence; the content of administrative-jurisdictional competence includes the target, object, procedural, and territorial components. The novelty of the study lies in the competence of the subjects, pursuing jurisdictional activities in the sphere of taxation, as a statutory list of issues which should be solved in the process of tax jurisdiction organization. 

Keywords: subject, functions, executive authority, competence, official, management, sphere of taxation, bodies, statutory act, procedural form

DOI: 10.7256/2454-0692.2016.1.17266

Abstract: The author of the article considers the problems of law-enforcement agencies’ readiness to reveal, fix, and investigate new socially dangerous acts in the Internet cloud services. In the conditions of information society, IT play special role, along with information systems and telecommunication networks, including the Internet. They give the opportunity to create, store, process, and share the information on corporative, state, and international scale using cloud computing. The author emphasizes that cloud providers, interacting with cloud clients, get access to all the data of their clients, and, taking into account the complexity of technological processes and geographical position of cloud providers, can complicate the work of law-enforcement agencies, directed at detection, seizure, and preservation of information traces within procedural actions. In times of dynamic changes, the state needs increasing the quantum leap in scientific research, which is possible in terms of a new concept of scientific research; empirical model and rationalist doctrine of epistemology should be dynamically renewed. In the conclusion the author outlines the weakest points in fighting against new socially dangerous acts. It is supposed that, due to the spread of cloud computing, criminal activity will intensify. The author is convinced that the results of scientific research of criminal essence of socially dangerous acts and their testing in practice, using the modern technical and criminalistical means, will promote the prevention and effective investigation of crimes in the sphere of cloud computing. 

DOI: 10.7256/2454-0692.2016.1.67397

Abstract: The author of the article considers the problems of law-enforcement agencies’ readiness to reveal, fix, and investigate new socially dangerous acts in the Internet cloud services. In the conditions of information society, IT play special role, along with information systems and telecommunication networks, including the Internet. They give the opportunity to create, store, process, and share the information on corporative, state, and international scale using cloud computing. The author emphasizes that cloud providers, interacting with cloud clients, get access to all the data of their clients, and, taking into account the complexity of technological processes and geographical position of cloud providers, can complicate the work of law-enforcement agencies, directed at detection, seizure, and preservation of information traces within procedural actions. In times of dynamic changes, the state needs increasing the quantum leap in scientific research, which is possible in terms of a new concept of scientific research; empirical model and rationalist doctrine of epistemology should be dynamically renewed. In the conclusion the author outlines the weakest points in fighting against new socially dangerous acts. It is supposed that, due to the spread of cloud computing, criminal activity will intensify. The author is convinced that the results of scientific research of criminal essence of socially dangerous acts and their testing in practice, using the modern technical and criminalistical means, will promote the prevention and effective investigation of crimes in the sphere of cloud computing. 

Keywords: Law, definitions, evidence, Internet, cloud service, cloud computing, criminalistics, information trace, investigation, standard

DOI: 10.7256/2454-0692.2016.1.17689

Abstract: The authors consider scientific studies and expert practice on the problems of expert mistakes and their solution. The authors pay attention to expert’s competence and expert’s initiative, expert’s report about the questions, which can be solved without special knowledge. The expert has touched upon legal issues and based his conclusions not on the results of the study, but on the materials of the case. The analysis of the current condition allows concluding that expert mistakes should be considered in terms of particular expert situations. The study had been carried out in the period from 2000 till 2015. The authors analyze theoretical and empirical researches of other authors. The research methodology is based on the analysis of statutory acts, the doctrine and the practice of expertise. Significant attention is paid to the method of interpretation. The authors conclude that in cases when the expert falls beyond his competence, touches the issues of legal nature, provides opinion on the questions which can be solved without special knowledge, substantiates his opinion by the materials of the case, without considering particular expert situations, his opinion should not be considered as an expert mistake. 

DOI: 10.7256/2454-0692.2016.1.67398

Abstract: The authors consider scientific studies and expert practice on the problems of expert mistakes and their solution. The authors pay attention to expert’s competence and expert’s initiative, expert’s report about the questions, which can be solved without special knowledge. The expert has touched upon legal issues and based his conclusions not on the results of the study, but on the materials of the case. The analysis of the current condition allows concluding that expert mistakes should be considered in terms of particular expert situations. The study had been carried out in the period from 2000 till 2015. The authors analyze theoretical and empirical researches of other authors. The research methodology is based on the analysis of statutory acts, the doctrine and the practice of expertise. Significant attention is paid to the method of interpretation. The authors conclude that in cases when the expert falls beyond his competence, touches the issues of legal nature, provides opinion on the questions which can be solved without special knowledge, substantiates his opinion by the materials of the case, without considering particular expert situations, his opinion should not be considered as an expert mistake. 

Keywords: expert situation, special knowledge, questions, initiative, expert competence, types of mistakes, expert mistake, investigator, method, conclusion

DOI: 10.7256/2454-0692.2016.1.17336

Abstract: The author analyzes the problems of corruption in the society on the current stage of development; defines the list of the most common venal actions of officials; describes the most frequent cases of corruption. Special attention is paid to documenting the actions of persons, suspected of corruption. The author describes the results of use of such a factor as the official living beyond his means. The author comes to the conclusion about a special role of operative experiment in graft documenting. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of fight against corruption by means of investigation and search operations. The main contribution of the author is the conclusion about the necessity to develop the theory and logic of investigation and search operations. The novelty of the research lies in the proposals about the development of forms and methods of investigation and search operations. 

DOI: 10.7256/2454-0692.2016.1.67399

Abstract: The author analyzes the problems of corruption in the society on the current stage of development; defines the list of the most common venal actions of officials; describes the most frequent cases of corruption. Special attention is paid to documenting the actions of persons, suspected of corruption. The author describes the results of use of such a factor as the official living beyond his means. The author comes to the conclusion about a special role of operative experiment in graft documenting. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of fight against corruption by means of investigation and search operations. The main contribution of the author is the conclusion about the necessity to develop the theory and logic of investigation and search operations. The novelty of the research lies in the proposals about the development of forms and methods of investigation and search operations. 

Keywords: latency, prevention, corruption, investigation and search operations, society, document, method, police, employee, survey

DOI: 10.7256/2454-0692.2016.1.16685

Abstract: The research subject is the study of judicial practice of the European Court of Human Rights. The case of Engel precedent serves as a basis for differentiating between criminal and administrative offences. The case of Engel serves as a basis for reconsidering the decisions of Russian courts thus actualizing the issue of optimization of criminal and administrative offences, provided in special parts of the Criminal Code and the Code of Administrative Offences of the Russian Federation. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes the at present, in order to efficiently optimize criminal and administrative sanctions in financial and economic sphere it is necessary to apply the complex approach, based on the practice of the European Court of Human Rights and the formed doctrine provisions about legal liability in the national system of law. The novelty of the research lies in the proposals about using the practice of the European Court of Human Rights, particularly, the case of Engel, for differentiating the system of criminal and administrative sanctions. The article is prepared within the government task of the Financial University for 2015. The article is written using the “Consultant” system. 

DOI: 10.7256/2454-0692.2016.1.67400

Abstract: The research subject is the study of judicial practice of the European Court of Human Rights. The case of Engel precedent serves as a basis for differentiating between criminal and administrative offences. The case of Engel serves as a basis for reconsidering the decisions of Russian courts thus actualizing the issue of optimization of criminal and administrative offences, provided in special parts of the Criminal Code and the Code of Administrative Offences of the Russian Federation. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes the at present, in order to efficiently optimize criminal and administrative sanctions in financial and economic sphere it is necessary to apply the complex approach, based on the practice of the European Court of Human Rights and the formed doctrine provisions about legal liability in the national system of law. The novelty of the research lies in the proposals about using the practice of the European Court of Human Rights, particularly, the case of Engel, for differentiating the system of criminal and administrative sanctions. The article is prepared within the government task of the Financial University for 2015. The article is written using the “Consultant” system. 

Keywords: improvement, precedent, administrative prejudice, economics, penalty, sphere, legislation, sanction, analysis, practice

DOI: 10.7256/2454-0692.2016.1.16653

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the economy. The author analyzes the concepts of legal regulation of economic relations form the position of administrative-legal regulation. The article demonstrates the author’s positions on the concept of legal regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations. In addition, the author analyzes the concepts of development of law and economics in the current conditions. The study demonstrates the author’s positions on interpretation and legal regulation of these categories. The methodology is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological researches (statistical, expert assessments, etc.). The author concludes that recently, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The author states the necessity to develop administrative-legal regulation of the economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and about the provision of legal and organizational guarantees of legality in the Russian economy. 

Keywords: economy, impact, perspective, development, crisis, inflation, right, tool, administration, the problem

DOI: 10.7256/2454-0692.2016.1.67401

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the economy. The author analyzes the concepts of legal regulation of economic relations form the position of administrative-legal regulation. The article demonstrates the author’s positions on the concept of legal regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations. In addition, the author analyzes the concepts of development of law and economics in the current conditions. The study demonstrates the author’s positions on interpretation and legal regulation of these categories. The methodology is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological researches (statistical, expert assessments, etc.). The author concludes that recently, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of its safety. The author states the necessity to develop administrative-legal regulation of the economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and about the provision of legal and organizational guarantees of legality in the Russian economy. 

Keywords: administration, mean, law, inflation, crisis, development, prospect, influence, economy, problem

DOI: 10.7256/2454-0692.2016.1.17844

Abstract: The author notes that anti-corruption laws ensure the prosperity of states and companies all over the world. Australia is ranked ninth in the Corruption Perception Index of the Transparency International. According to the laws of some States and Territories, the person is not found guilty of the crime if this person can prove that the crime had been committed under pressure (with the reality of the threat) or as a response to a sudden or unforeseen situation. If the benefit of the graft is small, prosecution may not be launched. The corporation won’t be found guilty of the crime, if it can prove that it had acted with a due prudence to prevent the actions, approve or allow. The Australian Federal Police has the right to apply for entry to the object of property and confiscation of money or property. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and specific sociological methods (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of corruption prevention. The author states the necessity to develop legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and legal and organizational guarantees of corruption prevention in the economic sphere.  

DOI: 10.7256/2454-0692.2016.1.67402

Abstract: The author notes that anti-corruption laws ensure the prosperity of states and companies all over the world. Australia is ranked ninth in the Corruption Perception Index of the Transparency International. According to the laws of some States and Territories, the person is not found guilty of the crime if this person can prove that the crime had been committed under pressure (with the reality of the threat) or as a response to a sudden or unforeseen situation. If the benefit of the graft is small, prosecution may not be launched. The corporation won’t be found guilty of the crime, if it can prove that it had acted with a due prudence to prevent the actions, approve or allow. The Australian Federal Police has the right to apply for entry to the object of property and confiscation of money or property. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and specific sociological methods (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of corruption prevention. The author states the necessity to develop legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and legal and organizational guarantees of corruption prevention in the economic sphere.  

Keywords: index, prosperity, responsibility, official, law, right, prevention, corruption, guilt, position

DOI: 10.7256/2454-0692.2016.1.16622

Abstract: At present, microfinancing and credit organizations have become widespread on the lending market. Using the advantages of the Internet, these actors of the financial market overcome territorial borders and try to attract the potential borrowers. With the help of websites, creditors inform the public about the conditions of a cash loan or a micro loan. The research reveals the existing drawbacks of the legislation, connected with the borrowers informing via the Internet. The absence of the list of official websites of microfinancing institutions also causes concern, since it infringes the information security of the person. The author applies the hermeneutical method, the methods of analysis and synthesis, the systems method, the comparative-legal method, and other methods of legal research. The author finds out that the level of information transparency of microfinancing institutions doesn’t conform to the requirements of information security of the person in lending operations. The author formulates the list of general problems of borrowers informing, including the Internet sources usage; their solution can improve the security of microfinancing. Due to the absence of a complex study of information and legal regulation of provision of credit services via the Internet in administrative law, the authors conclude that the development of the institution of legal regulation of borrowers informing is necessary. 

Keywords: information, cash loan, microloans, Internet, microlenders, information security of the individual, register, official Web-site, legal regulation, extrajudicial blocking sites

DOI: 10.7256/2454-0692.2016.1.67403

Abstract: At present, microfinancing and credit organizations have become widespread on the lending market. Using the advantages of the Internet, these actors of the financial market overcome territorial borders and try to attract the potential borrowers. With the help of websites, creditors inform the public about the conditions of a cash loan or a micro loan. The research reveals the existing drawbacks of the legislation, connected with the borrowers informing via the Internet. The absence of the list of official websites of microfinancing institutions also causes concern, since it infringes the information security of the person. The author applies the hermeneutical method, the methods of analysis and synthesis, the systems method, the comparative-legal method, and other methods of legal research. The author finds out that the level of information transparency of microfinancing institutions doesn’t conform to the requirements of information security of the person in lending operations. The author formulates the list of general problems of borrowers informing, including the Internet sources usage; their solution can improve the security of microfinancing. Due to the absence of a complex study of information and legal regulation of provision of credit services via the Internet in administrative law, the authors conclude that the development of the institution of legal regulation of borrowers informing is necessary. 

Keywords: official website, list, information security of the person, microfinancing institutions, Internet, microloans, cash loan, information, legal regulation, website blocking

DOI: 10.7256/2454-0692.2016.1.17389

Abstract: The article focuses on the issues of transparency provision in the activities of the board of the Ministry of internal Affairs of the Russian Federation. The author analyzes the transparency of the Ministry of Internal Affairs and the legal regulation of information relations in the sphere of internal affairs. The article demonstrates the author’s positions on the concept of transparency in the sphere of public administration. The main attention is paid to the development of the criteria of transparency of the Ministry of Internal Affairs. The author carries out theoretical and legal analysis of legal regulation of the work of the Ministry of Internal Affairs. The article demonstrates the author’s positions on the interpretation and legal regulation of transparency. The research methodology comprises the recent achievements of epistemology. The author applies general scientific and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure transparency in the system of Internal Affairs, it is necessary to improve forms and methods of administrative-legal provision of citizens’ participation in public administration. The author states the necessity to develop administrative-legal regulation of transparency in the police activities. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of information transparency. 

DOI: 10.7256/2454-0692.2016.1.67404

Abstract: The article focuses on the issues of transparency provision in the activities of the board of the Ministry of internal Affairs of the Russian Federation. The author analyzes the transparency of the Ministry of Internal Affairs and the legal regulation of information relations in the sphere of internal affairs. The article demonstrates the author’s positions on the concept of transparency in the sphere of public administration. The main attention is paid to the development of the criteria of transparency of the Ministry of Internal Affairs. The author carries out theoretical and legal analysis of legal regulation of the work of the Ministry of Internal Affairs. The article demonstrates the author’s positions on the interpretation and legal regulation of transparency. The research methodology comprises the recent achievements of epistemology. The author applies general scientific and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure transparency in the system of Internal Affairs, it is necessary to improve forms and methods of administrative-legal provision of citizens’ participation in public administration. The author states the necessity to develop administrative-legal regulation of transparency in the police activities. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of information transparency. 

Keywords: complaint, appointment, transparency, police, The Ministry of internal Affairs, information, protection, reception, Minister, request

DOI: 10.7256/2454-0692.2016.1.17393

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of control and supervision over the police. The author analyzes the concepts of legal regulation of supervision over the police activities. The article demonstrates the author’s positions on the concept of state and public control. The main attention is paid to the development of methods and methodology of administrative-legal regulation of supervision over the police service and the police officers. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of control and supervision over the police. The author states the necessity to develop administrative-legal regulation of the police activities. The author offers the ways to develop forms and methods of control and supervision over the police. 

DOI: 10.7256/2454-0692.2016.1.67405

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of control and supervision over the police. The author analyzes the concepts of legal regulation of supervision over the police activities. The article demonstrates the author’s positions on the concept of state and public control. The main attention is paid to the development of methods and methodology of administrative-legal regulation of supervision over the police service and the police officers. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of control and supervision over the police. The author states the necessity to develop administrative-legal regulation of the police activities. The author offers the ways to develop forms and methods of control and supervision over the police. 

Keywords: examination, police officer, The Ministry of internal Affairs, police, supervision, control, department, the community, Parliament