Question at hand
Reference:
Loginov A.N.
On the Question about the Legal Definition of 'Advertisement' and How it Relates to the Term 'Advertising Activity'
// Administrative and municipal law.
2019. № 3.
P. 1-11.
DOI: 10.7256/2454-0595.2019.3.29546 URL: https://en.nbpublish.com/library_read_article.php?id=29546
Abstract:
The subject of the research is effective legal provisions, explanations of higher courts and law-enforcement practice, explanations of supervisory authorities and research concepts that deal with or are fully devoted to the terms 'advertisement' and 'advertising activity'. The author of the article analyzes definitions, relevance of these terms and make his own suggestions on what should be changed. The researcher particularly focuses on each specific feature of advertisement as these are described by the law. As a result of his research, the author emphasizes the need to amend the current definition of 'advertisement', exclude some features, reform and unify laws and explanations of supervisory authorites on the matter. The methodological basis of the research includes dialectical method, general research methods (analysis, synthesis, comparison) and special research methods (formal law method, systems approach, structural-functional, formal law method, comparative law method). The novelty of the research is caused by the fact that the author offers a new approach to the definition of advertisement that includes a detailed analysis of its special features. The researcher suggests to introduce new laws and change practice of supervisory authorities. The main conclusion of the research is that the current definition of 'advertisement' is out-of-date. The author points out what parts of the definition should be changed and what parts of the definition should be analyzed further to make a final definition. The researcher also emphasizes the need to add a new definition and particular laws concerning adivertisement taking into account current explanations of judicial and supervisory authorities.
Keywords:
Specific features of ads, Judicial practice, Information, Comparison, Relation, Urgency, Advertising activity, Advertisement, Definition, Administrative pratice
Theory and science of administrative and municipal law
Reference:
Gudzenko A.A.
Definition and General Historical-Legal Characteristic of the Customs Transit Procedure
// Administrative and municipal law.
2019. № 3.
P. 12-19.
DOI: 10.7256/2454-0595.2019.3.27503 URL: https://en.nbpublish.com/library_read_article.php?id=27503
Abstract:
By analysing legal terms and phenomena researchers get a deeper insight into the matter, reveal processes of development and evolution of particular relations in the sphere under research, reconstruct past events and give them their legal evaluation. The term 'customs transit' goes back centuries and has a long historical, political and economic history. Ancient agreements about transit 'on route, without selling' contributed to the reinforcement of relations between principalities and states and development of trade. Today the term 'customs transit' and legal regulation of associated relations reinforce political relations between states, have a positive impact on the development of foreign economic ties, trade, entrepreneurship growth and budget revenues. In this article Gudzenko analyzes the history and definition of the terms 'transit' and 'customs transit' as well as legal sources that contain these terms and makes interesting conclusions.
Keywords:
customs matter, custom authority, collector, customs procedure, cargo, goods, transit, customs, checkpoint, procedure
Theory and science of administrative and municipal law
Reference:
Kurakin A.V., Karpukhin D.V., Saidov Z.A.
Modification of Administrative-Tort Law: Digital Technology Factor
// Administrative and municipal law.
2019. № 3.
P. 20-27.
DOI: 10.7256/2454-0595.2019.3.29626 URL: https://en.nbpublish.com/library_read_article.php?id=29626
Abstract:
The subject of the research is the current provisions of the Code of the Russian Federation on administrative offences that describe a new type of administrative offence that uses technical means or data telecommunication network Internet. The main conclusion of the research is that active implementation of digital technologies creates the need in modernisation of administrative-tort law and introduction of a new type of administrative offence and administrative reponsibility for violations committed using Internet as well as amendment of current administrative laws and reinforcement of administrative offence for such offences. The methodological basis of the research includes general research methods such as systems analysis, formal law method, etc. The main contribution of the authors is in-depth retrospective analysis of trends that relate to transformation of administrative-torh law as a result of intense digital technology development. The researchers also describe typical features of these trends that distort the fundamental principle of presumption of innocence as it is set forth by the Administrative Offences Code of the Russian Federation. The novelty of the research is caused by the authors' integral analysis of a number of new administrative delicts that imply the use of the Internet. The researcher analyses cases when the Internet is an essential element of administrative offence and cases when Internet is just an additional feature of administrative offence.
Keywords:
Administrative offence, Guilt, Legal entity, Presumption of innocence, Digital technology, Digital economy, Administrative-tort law, Administrative responsibility, Microfinance organization, nakazanie
Administrative law and local self-government
Reference:
Malinenko E.V.
Regarding Unification of Constitutions and Regulations of the Russian Federation Constituents and Constitution of the Russian Federation in Local Government Matters
// Administrative and municipal law.
2019. № 3.
P. 28-35.
DOI: 10.7256/2454-0595.2019.3.29524 URL: https://en.nbpublish.com/library_read_article.php?id=29524
Abstract:
In this article Malinenko carries out research that contributes to the reinforcement of local government based on the analysis of constitutions and regulations of the Russian Federation constituents. The subject of the research is the legal norms and provisions set forth by the Constitution of the Russian Federation, constitutions and regulations of the Russian Federation constituents, and their practical implementation. The object of the research is the social relations arising in the process of unification of constitutions and regulations of the Russian Federation constituents as well as Constitution of the Russian Federation in local government matters. The aim of the research is to analyze legal provisions that regulate local government in the Russian Federation. The methodological basis of the research includes general research methods, special attention is being paid to the dialectical method of analysis of state legal and social phenomena. The researcher has applied general research methods as well as formal law and comparative law methods. The result of the research is the classification of constitutions and regulations of the Russian Federation constituents that contribute to the development of local government trends. The novelty of the research is caused by the classification of constitutions and regulations of the Russian Federation constituents as well as emphasis on the need to unify these constituents and regulations regarding local government. According to the author, the classificaiton offered may contribute to the development of municipal units in practice and provide tools of efficient development of municipal units including advanced development territories in the theory of constitutional law.
Keywords:
systematization, Russian Federation, subject, articles of association, constitutional, local government, trends, development, municipality, territory
Management law
Reference:
Romanova A.E.
Principles of Public Administration in the Field of Circulation of Medicines
// Administrative and municipal law.
2019. № 3.
P. 36-41.
DOI: 10.7256/2454-0595.2019.3.29493 URL: https://en.nbpublish.com/library_read_article.php?id=29493
Abstract:
The subject of this research is the provisions of Russian laws as well as theoretical concepts of legal science that describe principles of public administration in the field of circulation of medicines. Romanova emphasizes the importance of this matter because it is the foundation that ensures the unity of all organizations and integrity of public administration throughout Russia. The researcher focuses on legal acts and regulations that have been issued by the Eurasian Economic Union in order to devleop the single market of medicines. In the course of her research Romanova has applied general and special research methods such as comparison, logical analysis, systems approach and formal law method. Having studied laws and legal literature the researcher concludes that there is no official list of principles of public administration in the aforesaid sphere, thus offers classifications of these principles and underlines the need to fill in the gap and create a legal act that woudl systematize principles of circulation of medicines in general.
Keywords:
Eurasian Economic Union, medicinal maintenance, circulation of medicines, medicines, health protection, principles, public administration, harmonization, systematization, gap of legislation