Abstract: The article studies theoretic and legal aspects of administrative and jurisdictional activity of customs authorities of the Russian Federation in the sphere of intellectual property right protection. So far, the administrative law and procedure theory has considered only particular aspects of administrative jurisdiction of customs authorities; administrative and jurisdictional activities of customs authorities in the sphere of intellectual property right protection haven’t been analyzed comprehensively enough. Therefore, the purpose of this article is to define the essence of the concept of administrative and jurisdictional activities of customs authorities in the sphere of intellectual property right protection, its subjects and principles. The research methodology is based on general scientific and specific research methods including the dialectical method, analysis, synthesis, analogy, deduction, the system method and the formal-legal method. The scientific novelty of the study consists in the fact that the author defines the concept of administrative and jurisdictional activity of customs authorities in the sphere of intellectual property right protection, analyzes the system of its subjects and the principles of activity.

Keywords: customs authorities, administrative and jurisdictional activity, intellectual property, administrative jurisdiction, intellectual property objects, customs, protection of rights, Federal Customs Service of the Russian Federation, administrative law, administrative procedure.

Abstract: The research subject is legal regulation of the procedure of conclusion of a contract on service in customs bodies and the judicial practice of consideration of official disputes connected with the termination of a labor contract. The main attention is paid to the problems of renewal (non-renewal) of a service contract. The paper analyzes the circumstances, demonstrating the broad limits of administrative discretion of the heads of customs bodies in the renewal of service contracts, which, in the author’s opinion, lead to the intensification of a subjective factor in official relations and to the unjust and uncontrolled dismissals. The research methodology is based on general scientific methods (dialectics, analysis and synthesis) and specific ones (formal-legal, system-structural and comparative-legal). The author argues that the contract basis of service in customs bodies shouldn’t allow for an unrestricted approach to the conditions of contracts conclusion and the absence of clear and precise requirements to the conditions of their conclusion. The author states the absence of a positive judicial practice of consideration of disputes over the appeal from the dismissal of customs bodies officers upon the service contract termination, therefore, in the author’s opinion, it is necessary to pay particular attention to the regulation of contracts renewal. The author supposes that dismissal affects female officers, whose contracts are not renewed after their maternity leave, most of all. The author declares the necessity to regulate the procedure of conclusion of a service contract and develops the proposals about the establishment of a procedure of contract conclusion and dismissal, aimed at the prevention of turnover of the professional personnel in customs bodies of the Russian Federation. 

Keywords: term, contract, employee, head of a customs body, public service, customs body, court, authority, dismissal, post

Abstract: The article analyzes the evolution of antitrust law of the USA. The authors consider the Sherman Act, the Clayton Act, the Robinson-Patman Act and other laws which form the basis of the modern antitrust legislation of the USA. The authors enumerate the bodies responsible for antitrust regulation. The article contains the conclusion that the successful experience of the USA in the sphere of antitrust regulation can be used in Russia, particularly, in relation to preventive measures. The authors carry out the comparative-legal study of antitrust legislation of the USA and Russia. The authors apply the historical method (to study the retrospective of antitrust legislation of the USA) and the comparative-legal analysis (when comparing American and Russian legislation). The scientific novelty of the study consists in the analysis of American experience in the sphere of antitrust regulation and the possibility to use it in Russia. The authors conclude that it would be reasonable to use American experience in the sphere of preventive institutions in Russian system of antitrust regulation, broadening of powers of antimonopoly service and globalization of antimonopoly legislation. 

Keywords: USA, antimonopoly regulation, Federal antimonopoly service, Antitrust division, Federal Trade Commission, Antitrust law, antimonopoly law, International Competition Network, Sherman act, Clayton antitrust act

Abstract: The research subject is the modern mechanisms of administrative activities of customs bodies in the context of 1.6 times decrease in customs payments. The author analyzes the steps taken by customs authorities to increase the customs payments collection rate. The author pays attention to the inefficiency of inspections, the increase of their number, the fact that inspections are carried out in the spheres which have lost their importance and are not effective. The paper contains quantitative and qualitative analysis of the results of inspections upon the release of goods. The research methodology is based on general scientific and theoretical methods. The author applies the system approach, modeling and statistical data comparison. To assess the effectiveness of customs bodies management, the author applies the Pareto principle. The author carries out the system analysis of customs bodies’ activities in the context of the decreased foreign trade and the amounts of customs payments. The author proposes to improve customs bodies’ activities in those spheres where the maximum results can be achieved: the strengthening of customs stations via debureaucratization of customs and departments, abandoning old and inefficient control activities in favor of selective customs control based on the risks management system, and the reduction of customs tariff. 

Keywords: risks management system, effectiveness, control activity, customs inspection, customs stations, debureaucratization, adaptation, Pareto principle, customs payments, customs law

Abstract: The research subject is the set of legal provisions applied on different stages of development of legal relations in customs affairs, and the historical and legal experience of administrative coercion in the customs sphere. The research object is the set of social relations arising in the process of application of administrative coercion in various historical periods. The author analyzes the evolution of Russian customs legislation, considers the peculiarities of legal regulation of administrative coercion, applied by customs authorities, defines the stages of evolution of customs affairs, influencing the development of the administrative coercion institution. In the author’s opinion, the administrative coercion institution in customs affairs is developing progressively and can be characterized by the normative procedure of consolidation. The research methodology is based on the set of general scientific and special research methods (comparative-historical, formal-logical, analytical, the method of unity of historical and logical, etc.). The author comes to the conclusion that after the formation of the Customs Union in 2010, the development of the institution of administrative coercion by Russian customs authorities, as well as by the customs authorities of other member-states, has shifted to another stage, requiring conceptual rethinking and reconsideration of legal regulation. At present, legal regulation of the administrative coercion institution in customs affairs should be aimed at the search for the optimal strategy of its implementation, with account for the conditions of development of the law-bound state. 

Keywords: smuggling, measures, customs bodies, violation of customs regulations, coercion, offences, genesis, stages, law, development

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. 

Keywords: punishment, suppression, prevention, repayable penalties, penalties, legislation, finance, sanction, state, banking supervision

Abstract: The author studies the peculiarities of legal regulation of prosecutors’ participation in administrative prosecution of special legal status persons in the Soviet period. The research object is the specificity of legal relationship in the sphere of the related legislation enforcement. The author notes both positive and contradictory aspects of normative regulation of particular issues. In the author’s opinion, it is possible to borrow some provisions of the Soviet legislation to regulate the current legal relations. The research is based on the historical method and the method of comparative jurisprudence in relation to the current Russian legislation and to legal provisions of the Soviet period. The author states that in the Soviet period, prosecutors possessed the authorities to impose administrative responsibility on special legal status persons, which have been consolidated during the period in question. The problem under discussion hasn’t been studied sufficiently so far. 

Keywords: special legal status, MP immunity, commencement of proceedings, administrative prosecution, administrative responsibility, prosecutor, Soviet period

Abstract: The research object is social relations appearing in the process of application of the police measures of administrative coercion. The research subject is the statutory instruments and law enforcement practice of implementation of the police measures of administrative coercion in the sphere of road traffic. The author considers the authorities of the police to take administrative actions according to the chapters 3 and 27 of the Administrative Offences Code of the Russian Federation. Special attention is paid to the procedure of consideration of cases on administrative offences recorded by special photo and video recording equipment operating automatically. The research methodology is based on the dialectical, sociological, statistical, formal-logical and comparative-legal methods, and the methods of legal modeling and questioning of police officers and citizens. The author concludes that the police’s authorities to consider the cases on administrative offences, recorded by special equipment, are abundant; therefore, some of them should be transferred to local executive bodies of the Russian Federation. 

Keywords: administrative fine, warning, special equipment, rules of the road, administrative offence, road traffic, transportation, administrative detention, vehicle inspection

Abstract: The research subject is the procedure of consideration of cases on administrative offences during the departmental control in the sphere of government defence order (GDO) and the issues of administrative responsibility. The administrative responsibility in the sphere of GDO consists in the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code. The Federal Law of 05.04.2013 No 44 “On the contract based system of state procurement of goods, services and works”, article 3, defines the main concepts used in the sphere of government defence order. Particularly, the concept of “supervisory body in the sphere of state procurement” means the federal executive body, municipal local authority, local authority of a city district, authorized to carry out supervision over procurement, and the federal executive body authorized to carry out supervisory functions in the sphere of government defence order and state procurement of goods, services and works which are not connected with the government defence order and the information about which is classified”. The supervision function consists in the constant regular supervision of special government bodies over the work of bodies and persons, not subordinate to them, for the purpose of detecting legality infringements. The subject of regulation of departmental control is the inspection of observance of the legislation in the sphere of GDO by public procurement authorities, leading executives, executives, federal executive bodies and other entities and officials endowed with such powers. In case of detection of the signs of violation of the Federal Law “On government defence order” No 275, the supervisory authority initiates and considers the cases on the infringement of the legislation in the sphere of GDO. The proceedings are initiated according to the standard procedure established by the legislation of the Russian Federation. The research methodology is based on dialectical materialism and the set of general and special research methods, including the formal-logical, system, the method of comparative jurisprudence, etc. The article considers the issues of administrative regulation of the procedure of consideration of administrative cases in the sphere of government defence order. The author analyzes the peculiarities of consideration of such cases and the issues of departmental control. The author offers the definition of administrative responsibility in the sphere of government defence order as the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code, the concepts of departmental control and supervisory body. 

Keywords: initiation of proceedings, procurement, term, direction, supervision, commission, executive bodies, municipal needs, administrative responsibility, Administrative Offences Code

Abstract: The article substantiates the specific rules of guilt qualification in the cases of infliction of harm according to civilized and administrative legislation. Unlike public delictual relations, the qualification of a guilty civilized offence doesn’t comply with the assumption of innocence attributes, and especially with the imposition of the burden of evidence on public officials. The qualification of a guilty act of a person in relation to civilized delicts and administrative offences is connected with detecting the psychological criteria of guilt in the form of a guilty intent or negligence, but, unlike the administrative responsibility cases, there are no definitions of a guilty intent or negligence. The author concludes that the qualification of a negligent act with the signs of “gross carelessness” in relation to civilized responsibility is widely spread. It is noticeable in comparison with administrative responsibility which doesn’t individuate the forms of negligence, unlike criminal responsibility characterized by the formalization of attributes of negligence. The author applies 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 special sociological research. The author proves that the presumption of objective imputation of delict is a specific phenomenon typical only for civilized responsibility. Besides, the author substantiates the conclusion about the identity of subjective criteria of corporate guilt, established by the Civil Code and the Administrative Offences Code, and the legally important circumstances of force majeure, extreme necessity and necessary defence. A civil sanction, unlike a public one, is not a punishment and doesn’t have preventive purposes. 

Keywords: responsibility, punishment, sanction, private, public, correlation, offence, delict, right, law

Abstract: The article studies the problem of application of administrative instruments of combating corruption in the social sphere. This issue is conditioned by legal and organizational problems of combating corruption in the social sphere. The problem of corruption in the social sphere is particularly important since it affects the quality of people’s life. The author explains the necessity to increase the effectiveness of administrative instruments of combating corruption in the social sphere. The author suggests improving both material and procedural administrative instruments of combating corruption in the social sphere. The research methodology is based on the modern achievements of epistemology. The author applies 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 special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the quality of various administrative instruments of combating corruption in the social sphere. The author states the necessity to develop legal regulation of combating corruption in the social sphere with the help of administrative instruments. 

Keywords: public health, responsibility, punishment, crime, offence, corruption, delict, subject, sphere, composition