Keywords: gosudarstvennaya sluzhba, pravo, norma, monitoring, gosudarstvennye uslugi, korruptsiya, Prezident RF

Keywords: administrativnaya yustitsiya, pravovoe gosudarstvo, administrativnyi sud, administrativno-pravovoi spor, korruptsiya, reformirovanie, sudebno-proizvodstvennaya nagruzka, sudebnyi sostav, sudebnaya spetsializatsiya

Keywords: Vsemirnaya torgovaya organizatsiya, mezhdunarodnye dogovory, tekhnicheskoe regulirovanie, produkty detskogo pitaniya, prokurorskii nadzor, Tamozhennyi soyuz, tekhnicheskie reglamenty, Konstitutsiya Rossiiskoi Federatsii, implementatsiya, Konstitutsionyyi Sud RF

Abstract: The article contains analysis of the key existing approaches towards understanding the category “administrative process” (administrative and jurisdictional concept), its correlation with the term “administrative jurisdiction”, and the author also expresses her view on these issues. In particular, she offers her definition of the term “administrative process”, as based on the following elements: administrative process is law-enforcement activity; administrative process regards examination of conflicts (including disputes); the said disputes have administrative legal character; in the administrative process the dispute is resolved by an an independent arbitrator, being either an administrative body or a court; administrative process has certain goal. The author also follows a narrow (jurisdictional) approach towards administrative process, noting that this approach may be called jurisdictional only in combination with the understanding of the term “jurisdiction” as an activity of administrative bodies or court on examination of conflict s(disputes) as a third party with no interest in the outcome of the case. In such a case the entire administrative process should be recognized as jurisdictional, and it becomes synonymous to the narrow approach towards the understanding of the administrative process.

Keywords: administrative process, administrative jurisdiction, law-enforcement activity, conflict, arbitrator, court, administrative body, dispute, procedural norms, coercive measure.

Abstract: Singling out service-delict legal relations as a specific type of public legal relations within the framework of the institution of service delict law presupposes the need for the structural study of this type of legal relations. The article includes analysis of legal contents of service-delict relations as one of its necessary elements within their structure. The author singles out various approaches to the issue and establishes her how attitude towards contents of service-delict legal relations. The characteristics of subjective rights and legal obligations of the subjects of service-delict legal relations are based upon the existing general theoretical approaches towards the nature of these terms. As a result, she makes a conclusion that the contents of servicedelict relations is a product of legal contents of service relations, while having a number of specific features due to their protective character. The author provides content-based characteristics of subjective rights and legal obligations of the key subjects of service-delict relations, that is, of state (municipal) employees, and their employer (the Russian Federation, constituent subject of the Russian Federation, or a municipal unit) as represented by the head of state (municipal) body, as a representative of an employer. She also formulates propositions on the improvement of service-delict legislation.

Keywords: service-delict law, service-delict legal relations, state employee, delinquent, representative of an employer, contents of a legal relation, subjective right, legal obligation, service discipline, service discipline liability.

Abstract: The principles of administrative liability, which are also typical for administrative responsibility for the violations of labor migration legislation, have foremost importance in the implementation of the key provisions within the administrative liability institution. Currently the practice of application of administrative liability principles in the sphere of labor migration offences is based upon both domestic implementation practice and the topical global problems in the sphere of labor migration. Undoubtedly, such obstacles are capable of influencing the formation of the new principles, and they should be taken into account. The most topical principles are the following: the principle of lawfulness, the principle of equality under law, presumption of innocence, separation of competences between the Russian Federation and its constituent subjects, protection of human and civil rights, and the principle of taking the native language into consideration. The problem of defining legal liability principles is an object of much study, but its interpretation is still ambiguous.

Keywords: jurisprudence, principles, legal responsibility, migration, equality under law, administrative liability, presumption of innocence, human rights, employment, lawfulness.

Abstract: The article includes analysis of the definition apparatus, as used in the Federal Law «On Automobile Roads and Road Management in the Russian Federation», as well as other normative legal acts containing normative legal terminology, which is applied in road management. The authors evaluate the Transportation Strategy of the Russian Federation till 2030 from the standpoint of its compliance with the normative documents; they also study the results of administrative legal regulation of development of road network of the Russian Federation.

Keywords: jurisprudence, roads, terminology, strategy, analysis, results, activities, legislation, normative, network.

Abstract: The article includes analysis of the forms and key elements of fighting unfair competition. Evaluation of problems in the sphere of administrative legal protection from the unfair competition is of scientific interest, since the unfair competition is one of the popular types of violations of the anti-monopoly legislation, among such other types as monopoly activities and anti-competition actions of the public government bodies. Based on his analysis the author makes the following conclusions: that the administrative legal protection from unfair competition is a systemically structured formation, which includes normative and law-enforcement elements; the normative element can be characterized by the combination of material and procedural legal norms and the norms, which regulate the functions of the anti-monopoly bodies; the specific nature of the law-enforcement element includes the combination of the administrative and judicial measures against unfair competition. The widespread application of the administrative forms of fighting against unfair competition in Russia is unlike the situation in most foreign states, where the judicial forms of such measures prevail. It is due to lack of efficiency of judiciary in Russia and to the existing practice of the anti-monopoly bodies in the sphere of unfair competition, including advertisement. In the future it seems reasonable to use more of judicial and civil law means in order to fight unfair competition.

Keywords: jurisprudence, competition, unfair competition, unfair advertisement, administrative legal protection, anti-monopoly body, the Law on Protection of Competition, the Law on Advertisement, administrative responsibility, counteraction.

Abstract: In order to support the author’s concept of the formation of the institution of the service offence law within the administrative law, the author analyzes the basis of the service delict law, which is disciplinary responsibility of the state officials, and which in turn is a type of disciplinary coercion within the framework of official service relations. Based upon the analysis of disciplinary responsibility in the spheres of labor and administrative law, the author makes a conclusion on the need to distinguish two separate types of legal responsibility in the theory of law: the official service disciplinary responsibility and the labor disciplinary responsibility. The possibility of recognition of responsibility of state officials as official service responsibility is due to the status of persons, to which it is applicable, as well as to the sources of its legal regulation, the broader definition of the disciplinary offence, its goals and functional aims, as well as to the nature and elements of legal relations, within which the state officials may be held responsible, the types of disciplinary punishments and the order of their application. Having recognized such an approach, one may state that the official service disciplinary responsibility of state servants is a part of administrative law and a sub-institution of the official service offence law.

Keywords: jurisprudence, official service offence law, institution of administrative law, sub-institution of the official service offence law, state officials, disciplinary responsibility, official disciplinary responsibility, disciplinary labor responsibility, disciplinary legal relations, disciplinary punishments.

Abstract: In this article the authors provide detailed description of the right to education and they pay attention to the legal regulation of this right, including its regulation by international legal acts. Additionally, the article is concerned with the principles under which the right to education should be implemented. The authors recognize judicial and non-judicial order of protection of such rights. The authors provide the analysis of judicial practice on the cases regarding violations of legislation on education, as well as the data by various supervising bodies. The object of study is the right to education and particular means of its implementation. The goal of the study was to define the key means of protection and guarantees of the right to education in both judicial and non-judicial order. The specific goals include defining the elements of the right to education, its implementation, which is based upon various legal acts, as well as discussing various means of protection of lawfulness in this sphere. The method of studies is based upon the general scientific means and methods, which are applied by the legal science. The study is also based on philosophical methods, comparative legal and sociological methods. As a result of the studies the authors came to a conclusion that the legislative basis for the right to education should be amended and improved and a new law on education should be passed. The authors also propose that the combination of state control and social control by professional community and independent experts, including non-governmental organizations. It shall allow to raise efficiency of controlling measures and to improve the level of education in Russia.

Keywords: jurisprudence, education, lawfulness, control, supervision, court, protection, principles, right, education.

Abstract: The article is devoted to the analysis of the key stages of the procedure of implementation of the administrative contractual obligation, such as the stage of organizational and technical events, in-process monitoring, provision and acceptance of the object of performance, the follow-up control and the unilateral refusal to perform the administrative legal obligation. The author studies the elements of procedural acts (meetings, negotiations, conciliatory committees, interim reports on performance, final expertise, revisions, supervision, etc.) and their value within the context of satisfying the public interest.

Keywords: jurisprudence, administrative contract, administrative contractual obligation, procedure of performance, procedural act, stage, control, monitoring, report on performance, unilateral refusal to perform an obligation.

Abstract: This article includes analysis of the positions of various authors towards the definition of «electronic government». The author views the legislative basis, which regulates the development of information and communication technologies, as well as the formation of the electronic government of Russia. Taking into account the analysis of the normative legal basis, the author stresses the need to introduce and develop the electronic government technologies. Having studies scientific and normative sources in the sphere of development of electronic government, information and communication technologies, one may come to a conclusion that Russia has passed the first stage of introduction of information society technologies into the sphere of functioning of government structures and formation of the electronic government. However, for the further development of the electronic government, there is still need to form the adequate legislative basis for the functioning of electronic government, to introduce the new Federal Law on electronic government, to develop and organize new forms of cooperation between the state, the people and the entrepreneurs of small and medium-scale businesses in the sphere of egovernment projects. They may be very efficient and facilitate the process of formation of the electronic government in Russia. There Is also need for the further detailed regulation of the mechanism of implementation of electronic government via the amendments to the current legislation in the sphere of electronic government.

Keywords: jurisprudence, government, Internet, state, services, citizens, information, technologies, law, program.

Abstract: The article is devoted to the legal problems of regional informatization. The author considers that the modern Russian state chose the path of formation of the service state» which is oriented on provision of services, which in turn is impossible to imagine in the XXI century without the informatization of state government, including the use of electronic administrative regulations. The use of Information and communication technologies within the system of state government in the Russian Federation is complicated by a large number of government levels within the federal state system (federal level, level of the constituent subject of the federation, and municipal level). The author supports the position that today there is need to guarantee an efficient decentralization of powers between the levels of public government in favor of the constituent subjects of the Russian Federation. He offers to apply this practice in the process of modernization of the state government system with the help of the information and communication technologies at the regional level. The article also includes the conclusion that introduction of information and communication technologies into the government system of the constituent subjects of the Russian Federation should be goal-oriented within the framework of the formation of regional segment of the electronic government. It is also stressed, that the informatization itself should be teamed with the modernization of state government as a whole.

Keywords: jurisprudence, government, informatization, region, electronic, information, optimization, reform, administrative, government.

Keywords: Administrativnoe sudoproizvodstvo, administrativnyi akt, spor o prave, spor o faktakh, sud.

Keywords: Korruptsiya, korruptsionnye riski, determinanty korruptsionnykh riskov, sub'ektivnye i ob'ektivnye korruptsiogennye faktory.

Keywords: Politsiya, militsiya, mezhetnicheskie protivorechiya, protivodeistvie.