Theory and science of administrative and municipal law
Reference:
Andreev P.G., Bylinin I.A.
The Legal Status of Unmanned Vehicles as the Road Users Within the Federal Government Supervision
// Administrative and municipal law.
2019. № 1.
P. 1-6.
DOI: 10.7256/2454-0595.2019.1.28614 URL: https://en.nbpublish.com/library_read_article.php?id=28614
Abstract:
The subject of the research is the provisions of the administrative law that give the definition of 'unmanned vehicle driver' and control the practical use of the category 'unmanned vehicle' for the road safety provision. The object of the research is the social relations arising in the process of administrative regulation of road safety. The authors of the article examines such aspects of the topic as individualization of responsibility for an accident with an unmanned vehicle and importance of autonomous control of vehicles for individuals with disabilities. The authors focus on the solutions of the problems of unmanned vehicle control by disabled individuals who do not have a driving license. In the course of writing their article the author has used general and special research methods such as dialetical, historical, structured systems, comparative legal, statistical and legal analysis. The main conclusions of the research are the following: the authors emphasize the need to create the legal base for successful management of unmanned vehicles as full road users, consolidatino of terms 'unmanned vehicle' and 'unmanned vehicle driver' and to outline a circle of individuals responsible for the control of unmanned vehicle as well as software support for the purpose of continous and correct operation. The authors' special contribution to the topic is that they specify this issue for individuals with disabilities. The novelty of the research is caused by the fact that for the first time in the academic lierature the authors analyze associated concepts of administrative law and law-enforcement practice and give recommendations on how to improve administrative laws in the aforesaid sphere.
Keywords:
legal regulation, traffic accident, driving, innovative technology, unmanned vehicle, road user, traffic safety, Traffic, responsibility for the accident, aggregator
Issues of administrative and municipal legal relationship
Reference:
Kravchenko A.G.
Deformation of the Legal Mentality in Administrative Law-Enforcement State Policy
// Administrative and municipal law.
2019. № 1.
P. 7-16.
DOI: 10.7256/2454-0595.2019.1.28549 URL: https://en.nbpublish.com/library_read_article.php?id=28549
Abstract:
The article is devoted to the problem of deformation of the legal mentality of officials expressed in the administrative law enforcement policy of Russia. The object of the research is the legal mentality, and the subject of the research is the administrative law enforcement policy reflecting the characteristics of the state of the legal mentality of the Russian law enforcement bureaucracy. The purpose of the research is to examine the phenomenon of deformation of the legal mentality of the law enforcer using the example of a specific rule of law. At the same time, a hypothesis is put forward in the article, tested in the course of the study, according to which the deformations of the legal mentality in law enforcement are caused by spiritual and moral distortions. The methodological basis of the article included general resarch methods (dialectical method, system-structural method, analysis and synthesis) and special research methods: comparative law, formal law, hermeneutical method, axiological, etc. The methodology of the research is based on the analysis of law enforcement activities related to the distortion of the value, logical, semantic and target characteristics of the applicable rule of law under the uncertainty of its official interpretation. The scientific novelty of the research is caused by the following: firstly, consideration of a special form of deformation of the legal consciousness of officials based on formally dogmatic legal thinking, and secondly, the originality of the approach to the methodological understanding of the problem of an objective assessment of the distortion of the value characteristics of the legal mentality in law enforcement. In conclusion, the author formulates conclusions containing generalizations of the research, including theses on the relationship between the legal understanding of the law enforcer and the spiritual and moral matrix of his legal conscience, the presence of interrelated causes of legal deformations and the need to improve the policy of generalizing administrative practices, the legal technique of the legislator as the most real and effective means of countering such distortions.
Keywords:
objective imputation, understanding of law, enforcement of law, administrative practice, legal conscience, legal mentality, legal culture, constitutional legal meaning, enforcement policy, the blame
Administrative law and local self-government
Reference:
Ron'zhina O.V., Akunchenko E.A., Gutnik S.I., Volkova M.A., Korkhov A.V.
Thematic Rubricator of Municipal Legal Acts as the Guarantee of the Regulatory Activity Information Availability
// Administrative and municipal law.
2019. № 1.
P. 17-25.
DOI: 10.7256/2454-0595.2019.1.28756 URL: https://en.nbpublish.com/library_read_article.php?id=28756
Abstract:
The subject of the research is the works of Russian experts in municipal law, Russian laws and regulations governing the procedure for disseminating information on the rule-making activities of local governments in electronic form as well as the practice of state authorities and local authorities on ensuring access of citizens and other interested parties to the system of municipal legal acts of the respective municipality. The authors pay special attention to the consideration of criteria for the classification of municipal legal acts in order to create an applied rubricator for their convenient storage and efficient search. The methodological basis of the study includes universal methods of dialectical materialism as well as system-structural, formal-logical, comparative-legal and other methods. Based on the results of the study, the authors came to the conclusion that at the legislative level it is necessary to establish requirements for the form and structure of representation on the official websites of local governments of municipal legal acts in terms of ensuring the search for an act according to various criteria. One of the promising areas of ensuring the accessibility of the entire system of municipal legal acts is the development of a thematic heading of municipal legal acts adapted for the needs of municipal lawmaking and law enforcement practice including the “powers of local governments established by law”.
Keywords:
openness, information system, legal information, subject of municipal law, local government, local issues, municipal legal act, rubricator, availability, transparency
Management law
Reference:
Pavlov A.
The Legal Base for the Management of the Special Area of Three Eastern Provinces of the Republic of China
// Administrative and municipal law.
2019. № 1.
P. 26-35.
DOI: 10.7256/2454-0595.2019.1.24465 URL: https://en.nbpublish.com/library_read_article.php?id=24465
Abstract:
The object of the research is the Special Area of Three Eastern Provinces (Heilongjiang, Jilin and Fengtian) of Machuria, administrative-territorial unit of the Republic of China with a special status created in 1920 in the place of the Line Side of the Chinese Eastern Railway (CER). The subject of the research is the legal base upon which the district was formed as an integral territory to serve the purposes of the CERT and existed till 1936. in 1920 China unilaterally established jurisdiction over the district. In 1932 Manchuria was occupied by the Japanese and its legal status was again changed, in 1936 the Manchuria-Go Road was sold and the Special Area was terminated as a territorial unit. The methodology of the research implies the analysis of treats, agreements and other legal acts that formed the basis for the official status and legal natur eof the Special Area of Three Eastern Provinces. The main contribution of the author is the analysis of how the legal status of the territory with the CER had been changing and conduction of the research on the legal status of the aforesaid administrative territorial unit. The research results and methodology may be used to analyze legal statuses of other administrative territorial units that have a special status inside other states.
Keywords:
Government departments, jurisdiction, control, administrative-territorial unit, legal position, Sino-Eastern Railway, legal status, Special area, Northeast China, Manchuria
Administrative process and procedure
Reference:
Nesterov A.V., Muromtsev G.I., Vasilenko A.S.
On the Procedural Role of a Competent Person in Digital Technologies
// Administrative and municipal law.
2019. № 1.
P. 36-41.
DOI: 10.7256/2454-0595.2019.1.28622 URL: https://en.nbpublish.com/library_read_article.php?id=28622
Abstract:
Scientific and technological progress creates the need in a digital transformation of the society which makes lawyers think about ways of developing necessary laws for the digital environment. A new surge of interest in “artificial intelligence”, systems built on neural networks with in-depth training and blockchain technology provokes discussion about the use of intelligent agents in legal proceedings. The object of the research is the procedural relations arising between the participants in criminal proceedings taking into account technological progress. The object of the research is the procedural relations arising between the participants in criminal proceedings taking into account technological progress. The subject of the research is the laws and acts regulating the organization and activities of participants in criminal proceedings. In this article, on the basis of a systematic approach, the authors consider controversial issues related to the possible transformation of the investigator's specialty into its smart software image as an intelligent agent. The main contribution of the authors to the study of the topic is the assertion that this is an idealistic idea that will never be implemented in the activities of law enforcement and judicial authorities. The main conclusion of the study is the thesis about the need to draw attention to the substantially new training of investigative personnel and judges.
Keywords:
state-like-platform, digital technologies, expert, investigator, specialist, legal proceedings, intelligent agent, Scientific Judge, blockchain, special knowledge