Liability in administrative and municipal law
Reference:
Chagina E.M., Lubyannikova A.S.
Evolution of legislation on administrative liability for violation of consumer rights
// Administrative and municipal law.
2024. № 4.
P. 1-15.
DOI: 10.7256/2454-0595.2024.4.71588 EDN: RLSAKP URL: https://en.nbpublish.com/library_read_article.php?id=71588
Abstract:
Comprehensive protection and protection of consumer rights is impossible only through private legal remedies. In this regard, administrative liability for violation of consumer rights plays an important role in ensuring an adequate level of protection of citizens' rights guaranteed to them by the Law on Consumer Protection. The current Administrative Code of the Russian Federation contains a number of provisions that establish administrative liability for violation of consumer rights. However, these norms could not remain unchanged since the adoption of the Code in 2001, and have undergone a serious evolution over the past more than twenty years. In this paper, the authors investigate the process of improving the provisions of the Administrative Code of the Russian Federation on administrative liability for violations in the field of consumer protection. The methodological basis of the research consists of both general methods (analysis, synthesis, logical method, etc.) and special methods of cognition (for example, the method of analysis and interpretation of normative legal acts). For the first time, the paper attempts a comprehensive study of the process of improving legislation on administrative liability for violation of consumer rights, analyzes the prerequisites for such changes, trends in judicial practice. As a result of the study, the authors substantiate the conclusion that the development of norms establishing administrative liability for violation of consumer rights is inextricably linked with the improvement of civil law regulation of relevant legal relations. It should also be noted that in recent years, the strengthening of regional integration within the Eurasian Economic Union has had a serious impact on this process, expressed in the adoption by the Board of the Eurasian Economic Commission of advisory acts setting guidelines for the harmonization and improvement of legislation of the EAEU member states in the field of consumer protection and protection.
Keywords:
consumer rights protection, consumers, consumer rights, composition of administrative offence, administrative offence, Eurasian Economic Union, administrative liability, administrative law, legislation, judicial practice
Theory and science of administrative and municipal law
Reference:
Vinokurov V.A., Shmantsar D.A., Tishchenko A.V.
Problems of determining the threat of harm (damage) to legally protected values in the implementation of state fire supervision
// Administrative and municipal law.
2024. № 4.
P. 16-27.
DOI: 10.7256/2454-0595.2024.4.69283 EDN: ZMOBKK URL: https://en.nbpublish.com/library_read_article.php?id=69283
Abstract:
The article is devoted to the legal problems of determining the threat of harm (damage) to legally protected values in the implementation of federal state fire supervision. Some federal laws were analyzed, as well as a number of resolutions of the Government of the Russian Federation, orders of federal state bodies, as well as current regulatory legal acts establishing the obligation of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia to make decisions taking into account the presence (absence) of a threat of harm to human life and health; examples from judicial practice are given. The conducted research made it possible to identify problems in the practical implementation of the duties of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia. The research methodology included the use of general scientific research methods (synthesis, analysis, generalization) and specialized methods (formal legal, comparative legal, etc.). As a result of the analysis, from a scientific and practical point of view, conclusions are formulated about the absence in the current legislation of a legal mechanism according to which the state inspector for fire supervision has the opportunity to justify by an expert opinion the presence (absence) of a threat to human life and health at a supervised facility in order to conduct an unscheduled control and formulate proposals.
Keywords:
an unscheduled control event, legally protected values, threat of harm, threat to the lives of citizens, state fire supervision, expert opinion, state control, fire safety, EMERCOM of Russia, Constitution of the Russian Federation
Public and municipal service and the citizen
Reference:
Madatov O.Y.
Gender rights of citizens in Russian legislation and law enforcement practice
// Administrative and municipal law.
2024. № 4.
P. 28-48.
DOI: 10.7256/2454-0595.2024.4.71407 EDN: ZOCYEL URL: https://en.nbpublish.com/library_read_article.php?id=71407
Abstract:
Human rights and freedoms are the highest value in the Russian Federation, and their observance and protection is the responsibility of the State. Despite the constitutional consolidation of this provision, the equality of rights of men and women, as well as the prohibition of discrimination on the basis of sex, Russian legislation distinguishes the constitutional rights of women and men in certain aspects, taking into account the physiological characteristics of the former exclusively. Thus, legislators grant more rights and freedoms to some categories of people, and in some cases this preference imposes certain restrictions. In particular, the restriction of women's rights to work. The subject of the study is the norms of constitutional, civil and administrative law, other normative legal and judicial acts defining gender equality and inequality of citizens in the Russian Federation. The purpose of the study is to compare legislation and law enforcement practice in relation to men and women. In the course of the work, the following methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods. The study analyzes the basic constitutional rights of men and women, as well as the application of a gender approach in law enforcement. The novelty of the conducted research is the differentiation of gender constitutional rights of citizens, a comparison of the application of legislation to men and women depending on physiological characteristics, as well as a comparison of law enforcement practices applied to them in homogeneous processes. The analysis of the conducted research allowed us to establish that some of the legislative acts have gender discriminatory provisions. This is directly related to the fact that legislators take into account only the physiological characteristics of the female body, while the characteristics of the male body are ignored. Law enforcement practice in the gender aspect implies that men's rights are derived from the rights of women (whose rights are prerogative). In this regard, there is a need both for the development of law enforcement approaches and for the adoption (amendment) of legislative acts themselves, which should be based on the principle of equality of citizens' rights.
Keywords:
society and the state, public relations, rights and freedoms, gender discrimination, gender equality, civil law, administrative law, discrimination, national law, constitutional law
Public law: New challenges and realities
Reference:
Paschenko I.Y.
Digital technologies as a tool for strengthening employment and staffing: federal and regional (using the example of Krasnodar Krai) regulation, problems and prospects for application
// Administrative and municipal law.
2024. № 4.
P. 49-70.
DOI: 10.7256/2454-0595.2024.4.71457 EDN: YNSEZY URL: https://en.nbpublish.com/library_read_article.php?id=71457
Abstract:
The scientific research is devoted to aspects of the application of digital technologies in the labor sphere. The author considers technologies as tools of public administration and personnel activities that help to strengthen employment, including regional employment, and also analyzes their impact on the staffing of bodies and organizations in the context of the digital transformation of the state. The relevance of the work is due to the formation of theoretical and legal foundations for the use of digital technologies in this area. The work consists of five sections: federal regulation, regional regulation (using the Krasnodar Territory as an example), grouping of digital technologies according to the criterion of their applicability in personnel work, a description of the problems and risks of using digital technologies, proposals for improving law enforcement practice and the regulatory framework. The study is a comprehensive analysis of the current legal regulation affecting issues of digital transformation of public administration in the field of labor and employment at the federal and regional levels. In the process of studying and analyzing legislation, doctrine and statistical data, general scientific and special legal methods were used. The basis of the methodology used was formed by general logical methods of cognition (analysis, synthesis, generalization, deduction, induction), formal legal and comparative legal methods. Scientific novelty lies in the consistently formed conclusions, which are formulated more broadly in the text of the work and supported by specific proposals. Among the proposals that have been developed, the procedure for disclosing information on the use of digital technologies in the field of labor and employment is of particular importance.
Keywords:
legal regulation of labor, artificial intelligence, public administration, digitalization, digital transformation, digital technologies, staffing, regional employment, employment, job
Public law: New challenges and realities
Reference:
Vilacheva M.N.
Controversial aspects of child care and supervision in the legal structure of the constitutional right to preschool education
// Administrative and municipal law.
2024. № 4.
P. 71-94.
DOI: 10.7256/2454-0595.2024.4.70657 EDN: YOHMBD URL: https://en.nbpublish.com/library_read_article.php?id=70657
Abstract:
The article examines the little-studied topic of the content of the right to preschool education in the Russian Federation. To determine the content of this right, the author examines in detail and uses two methodological approaches in the study of the general right to education, which are then used to determine the legal nature of the right to preschool education: as a process and as a specific result of the activity of the subject entitled to the right to education. The necessity of including into the existing legal structure the right to preschool education (training and upbringing of persons from birth to entry into school) supervision and care, which is not legally related to the state’s function of providing accessible and free education, but is a civil legal service that is financially burdensome for parents (legal representatives). The main conclusion of the study is the need to include in the existing legal structure the right to preschool education (training and upbringing of persons from birth to entry into school), supervision and care, which legally do not relate to the state’s function of providing accessible and free education, but are civil law a service that financially burdens parents (legal representatives). Since the legislative division of preschool education into education according to the relevant educational program (assumed at the expense of budgetary funds in pursuance of the constitutional principle of free education), and separately – supervision and care (assumed at the expense of parents (legal representatives) on the basis of a civil contract) leads to lack of universal financial support standards. Thus, the constitutional right to preschool education has four components in its content: training, education, supervision and care, which are in inextricable unity. The absence of at least one of the components destroys the structure of the legal construct “preschool education”.
Keywords:
educational relations, Federal State Educational Standard, preschool education programs, right to education, children's rights, constitutional rights, supervision and care, education, preschool education, service