Question at hand
Reference:
Purge A.R.
Administrative responsibility in family relations
// Administrative and municipal law.
2017. № 9.
P. 1-9.
DOI: 10.7256/2454-0595.2017.9.24198 URL: https://en.nbpublish.com/library_read_article.php?id=24198
Abstract:
The article studies the procedure of imposition of administrative responsibility for the breach of obligations in family relations. The research object is family and administrative relations begotten by the breach of obligations by family members. Administrative responsibility in family relations is aimed at legal protection of rights and legal interests of family members and other relatives and persons in cases and within the limits specified by the legislation of the Russian Federation. The author uses general scientific and specific research methods. The comparative-legal method is used to analyze the new and the old rules. The formal-legal method is also used. The author concludes that the Administrative Offences Code of the Russian Federation contains very few compositions connected with family relations. The author believes it is necessary to include the fact of improper parenting into the circumstance in proof in administrative proceedings involving juveniles. It must be noted that administrative responsibility in family relations hasn’t been studied properly so far, the author uses the materials of the only currently existing thesis research.
Keywords:
home conflict, administrative composition, obligation, administrative responsibility, relationship, other family members, family members, family, illegal actions, legal and administrative sanctions
Administrative and municipal law: business, economy, finance
Reference:
Alekseenko A.P.
Government control of on-exchange trading in China
// Administrative and municipal law.
2017. № 9.
P. 10-19.
DOI: 10.7256/2454-0595.2017.9.24053 URL: https://en.nbpublish.com/library_read_article.php?id=24053
Abstract:
The research subject is the set of provisions of the legislation of China regulating the relations in the sphere of government control of on-exchange trading. Since the control of on-exchange trading mainly consists in the control of the creation of various exchanges, the author considers the types of Chinese entities, which have the right to organize on-exchange trading, and their features. For this purpose, the author analyzes the laws of China and subordinate statutory acts connected with the creation of exchanges and trading platforms. To study the legislation of China, the author uses comparative-legal, descriptive and formal-legal research methods, analysis and synthesis. The scientific novelty of the study consists in the systematization of subjects, which have the right to organize on-exchange trading in China. The author describes the characteristic features of stock and futures exchange and trading platforms. Based on the analysis of the Chinese legislation, the author defines the significant criteria for the creation of the system of government control of on-exchange trading. The author formulates the directions of the legislation improvement.
Keywords:
securities market , derivatives , trading platform, State Council of the PRC, securities, futures, on-exchange trading , stock exchange, law of the PRC, China
Administrative law, municipal law and human rights
Reference:
Gorian E.
The role of local governments of Japan in ensuring the rights of the Ainu people
// Administrative and municipal law.
2017. № 9.
P. 20-31.
DOI: 10.7256/2454-0595.2017.9.23990 URL: https://en.nbpublish.com/library_read_article.php?id=23990
Abstract:
The research subject is the provision of rights of indigenous people by local governments in Japan. The author analyzes the legal mechanism of ensuring the rights of the Ainu people. The article considers such aspects of the problem as the formalization of the legal status of the Ainu people, the peculiarities of local governments in Japan, their functions and competences. The author gives attention to the interaction between social organizations and local governments in the sphere of ensuring the rights of the Ainu people. The author studies the peculiarities of provision of their rights in different regions of Japan. To acquire reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical and hermeneutic) and specific legal methods (historical-legal, comparative-legal and formal-legal). Local governments play the key role in ensuring the rights of the people of Ainu in Japan. In the result of the local government reform and decentralization of the authority, local governments in Japan have a wide scope of competence in local issues, including almost all spheres of life of individuals and communities. Therefore, local governments are directly in charge of ensuring the rights of the Ainu people in the spheres of education, culture, social security and employment. Therefore, the legal mechanism of ensuring the rights of the Ainu in Japan is decentralized and local. Local governments implement local initiatives of social organizations of the Ainu taking into account social situation in the regions.
Keywords:
sovereignty, territory, discrimination, human rights, indigenous people, local government, social organization, Japan, Ainu, competence
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Amelin R.V.
Legal relations in the sphere of creation and use of state information systems
// Administrative and municipal law.
2017. № 9.
P. 32-49.
DOI: 10.7256/2454-0595.2017.9.23803 URL: https://en.nbpublish.com/library_read_article.php?id=23803
Abstract:
The research subject is the nature of legal relations in the sphere of government control of creation, launching and use of information systems. The author classifies legal relations as those related to the creation of state information systems (creation, launching, use, support, development, decommission) and connected with their use (delivery of information, access to information, use of state information systems), and those connected with the ownership right to state information systems and their components. The author analyzes the object, subject composition and the content of such legal relations. To characterize each group, the author uses the method of generalization. The author concludes that the relations, connected with the creation of state information systems, are of administrative-legal nature. At the same time, the relations if the field of their use are connected with the information inside the information system, and therefore can be classified as information legal relations. The author’s classification and conclusions are fundamentally important for information and administrative law.
Keywords:
Access to information, Information, Object of legal relationship, Information relations, Legal relations, State information systems, delivery of information, Data protection, creation, use
Issue of the day
Reference:
Vinokurov A.Y.
Engagement of a specialist by a prosecutor for verification of performance of a law: historical background
// Administrative and municipal law.
2017. № 9.
P. 50-63.
DOI: 10.7256/2454-0595.2017.9.24118 URL: https://en.nbpublish.com/library_read_article.php?id=24118
Abstract:
The research subject is the practice of engagement of specialists by a prosecutor during verification of performance of a law, which is gaining new features in the current context. The author analyzes a wide range of secondary and primary sources reflecting the emergence and development of such a practice during the Soviet and the post-Soviet periods; the article considers the practice and the dynamics of legal regulation during the last 35 years since formation. The author studies scientific approaches to the issue under study. The author uses various research methods including the comparative-legal method in terms of the historically changing tendencies of legal regulation. The scientific novelty of the study consists in the fact that the author studies the practice of engagement of specialists for prosecutor’s supervision, which has existed for a comparatively long period of time since its formalization in 1979 till the changes of 2017. The author concludes that this problem hasn’t been studied sufficiently enough during the post-Soviet period, therefore it should be considered in detail.
Keywords:
results of investigation, prosecutor's supervision, prosecutor's investigation, prosecutor, general supervision, performance of laws, expert opinion, specialist, special knowledge, prosecutor's request