Administrative law, municipal law and information security
Reference:
Duben A.K.
Administrative and legal regulation of access to information about the activities of public authorities in the Russian Federation
// NB: Administrative Law and Administration Practice.
2022. ¹ 2.
P. 1-12.
DOI: 10.7256/2306-9945.2022.2.38254 URL: https://en.nbpublish.com/library_read_article.php?id=38254
Abstract:
The subject of the study of this article is a set of legal norms of the Russian Federation and foreign states, international treaties (agreements) regulating public relations arising in the process of realization of the right to access information about the activities of state authorities and local self-government bodies. The object of the study is social relations arising in the process of realization of the constitutional right to access to information. The author examines in detail the issues of ensuring information security in the implementation of this constitutional right and problematic issues of administrative and legal regulation of access to information about the activities of public authorities. The main conclusions of this study are that the right to access information is a separate constitutional right with its own specific content. At the same time, the proper implementation of this right, taking into account the problems we have considered, is still under threat due to the imperfection of legislative regulation and law enforcement practice. In this regard, it should be proposed: to normalize the possibility of providing documents containing personal data of a third party, with preliminary depersonalization of such data; to determine the limits of the right to access information, taking into account the departure from the restrictive interpretation of the definition of "information on the activities of state bodies and local self-government bodies" in judicial practice (in a separate resolution of the Plenum of the Supreme Court The Russian Federation); to revise the approach on the correlation of individual normative legal acts regulating information and administrative relations.
Keywords:
transformation of law, information interaction, public administration, digital technologies, legal support, information security, right of access, information, administrative law, human rights
Administrative law, municipal law and security
Reference:
Zajkova S.N.
Priority directions of ensuring transport security (based on the analysis of strategic planning documents)
// NB: Administrative Law and Administration Practice.
2022. ¹ 2.
P. 13-25.
DOI: 10.7256/2306-9945.2022.2.37787 URL: https://en.nbpublish.com/library_read_article.php?id=37787
Abstract:
The relevance of this study is due to theoretical and practical needs in establishing consistency of goals, objectives and a set of measures to ensure transport security as one of the components of the national security of Russia. The purpose of the study was an attempt to identify priority areas for the development of public administration and Russian legislation in the field of transport security on the basis of strategic planning mechanisms. Research objectives: to analyze strategic planning documents for the period from the adoption of the law on Transport security to the present (2008-2021); to determine the interconnectedness of strategic and sectoral goals and priorities for ensuring transport security contained in various legal sources; to develop proposals to clarify the provisions of strategic and program documents in the field of security and the transport industry. The analysis made it possible to draw conclusions that the priority direction of the development of public administration and Russian legislation in the field of transport security until 2024 is to increase the level of anti-terrorist protection of transport infrastructure facilities and vehicles through the introduction and use of space and information technologies, as well as through the creation of intelligent transport systems that ensure the transport connectivity of the country. The author proposes the development of a transport security strategy of the Russian Federation, the adjustment of a comprehensive transport security program and a schedule of activities of the Ministry of Transport of Russia for the implementation of strategic planning documents until 2024. The novelty of the study is determined by the formulation of the problem and lies in the fact that it is a comprehensive analysis of strategic planning documents adopted at the federal level and aimed at solving tasks to ensure the national security of the country.
Keywords:
public administration, program documents, strategic planning documents, anti-terrorist security, national security, transport security, transport infrastructure, vehicles, goal setting, forecasting
Administrative law, municipal law and security
Reference:
Bylinin I.A.
Control (supervision) of road safety in the paradigm of the ongoing administrative reform
// NB: Administrative Law and Administration Practice.
2022. ¹ 2.
P. 26-37.
DOI: 10.7256/2306-9945.2022.2.37813 URL: https://en.nbpublish.com/library_read_article.php?id=37813
Abstract:
The subject of the study is the normative legal acts regulating the activities of state authorities for the control (supervision) of road safety, law enforcement practice, the study of author's points of view on improving control and supervisory activities. The object of the study is the social relations arising during the control (supervision) of citizens and organizations engaged in activities in terms of compliance with mandatory requirements in the field of road safety.The purpose of the study is to improve legislation in the field of state control (supervision) by state authorities, to prevent, detect and suppress violations of mandatory requirements, through the prevention of violations, assessment of compliance by citizens and organizations with mandatory requirements, identification of their violations, as well as taking measures to curb the identified violations of mandatory requirements. Â The scientific novelty of the article consists in the proposal of additions and amendments to the current legislation on state control (supervision) and the presentation of Article 2 of Federal Law No. 248 -FZ "State Control (Supervision) and municipal Control" in an amended version. The amendments will make the mechanism of state control (supervision) of persons carrying out activities in accordance with the requirements more transparent and accessible in terms of pre-trial appeal. The controlled person should have the right to choose to file a complaint. The study used universal dialectical, logical, formal-legal, comparative analysis, hermeneutic methods.
Keywords:
Supervisory measures, Prevention, Risk-based approach, Administrative reform, state control, Supervision, Control, road safety, Mandatory requirements, Pre-trial appeal procedure
Administrative enforcement
Reference:
Paukova Y.V.
On the issue of the application of administrative expulsion, deportation and readmission of foreign citizens
// NB: Administrative Law and Administration Practice.
2022. ¹ 2.
P. 38-50.
DOI: 10.7256/2306-9945.2022.2.38235 URL: https://en.nbpublish.com/library_read_article.php?id=38235
Abstract:
The article discusses one of the ways to counter illegal migration – the removal of foreign citizens and stateless persons from the territory of the country through the use of administrative expulsion from the Russian Federation, deportation and readmission. The subject is the consideration of the grounds for administrative expulsion, deportation and readmission from Russia to foreign citizens. The purpose of this article is to develop proposals for improving the grounds for the application of the considered types of removal of foreigners from the territory of the country. The methodological basis of the study is a combination of such research methods as formal-logical, comparison, system and complex analysis. Also, formal legal and comparative legal methods were used when writing the work. The reasons for the appointment of administrative expulsion (in the form of controlled self-departure and forced controlled movement across the State border of the Russian Federation), deportation and readmission of foreign citizens from Russia are analyzed. The results of the work can be used in the legislative activity of state bodies. The scientific novelty of the research lies in the author's vision of changing the grounds for making decisions on the removal of foreign citizens from the territory of Russia. The author comes to the conclusion that it is necessary to correct the cases of self-departure and forced displacement of migrants when appointing administrative expulsion, to change the grounds for deportation, establishing its application to persons who have served a sentence for committing an intentional crime against life, health or public safety or who did not fulfill the decision on the undesirability of stay (residence) in Russia within the prescribed period, and also, to carry out the readmission of persons subject to administrative expulsion or deportation if it is necessary to establish their identity and citizenship or transfer them to the competent authorities of a foreign state.
Keywords:
undesirability of stay, non-authorization of entry, administrative coercion, illegal migration, migration, a stateless person, foreign citizen, readmission, administrative expulsion, deportation
Debatable issues in administrative and municipal law
Reference:
Novgorodov D.
The commission of an administrative offense on the Internet as a qualifying sign
// NB: Administrative Law and Administration Practice.
2022. ¹ 2.
P. 51-60.
DOI: 10.7256/2306-9945.2022.2.38148 URL: https://en.nbpublish.com/library_read_article.php?id=38148
Abstract:
The subject of the study is the norms of the Code of Administrative Offences of the Russian Federation, which establish administrative responsibility for acts committed with the use, application or through information and communication networks, including the Internet, as well as materials of law enforcement practice. The object of the study is the public relations that are developing regarding the bringing to administrative responsibility of persons posting information on the Internet that is prohibited for distribution on the territory of the Russian Federation. The methodological basis of the presented article consists of methods used in scientific research, such as the method of system analysis, synthesis and the formal logical method. The main conclusion drawn from the results of the study is that, in accordance with the current legislation, it is possible to bring to administrative responsibility any person who posted on the Internet information prohibited for distribution on the territory of the Russian Federation, regardless of when and for what purpose it was committed, whether an unlimited number of people had access to the specified information. It is proposed to protect the rights and legitimate interests of Internet users when developing a new Code of Administrative Offences of the Russian Federation to take into account the fact that the qualifying sign of an illegal act on the Internet should not just be the commission of an offense using communication networks, including the Internet, namely the fact of public dissemination in open access for an unlimited number of people.
Keywords:
information and communication network, unlimited circle of persons, open access, public, information, qualifying feature, administrative responsibility, the Internet, Administrative offense, illegal act
Issue of the day
Reference:
Andreev P.G.
Some Features of Administrative Responsibility for Violation of the Rules of the Light Transmission of Car Windows
// NB: Administrative Law and Administration Practice.
2022. ¹ 2.
P. 61-66.
DOI: 10.7256/2306-9945.2022.2.37911 URL: https://en.nbpublish.com/library_read_article.php?id=37911
Abstract:
The subject of the study is the illegality of driving a vehicle with improper light transmission of car windows. The object of the study is the social relations that develop in the process of driving a vehicle on which tinted windows with a light transmission of less than 70% are installed in violation of the legislation of the Russian Federation. The author examines in detail such aspects of the topic as the application of Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation as a basis for the use of such a measure to ensure proceedings in cases of administrative offenses as the prohibition of vehicle operation. Particular attention is paid to the duty of traffic police officers to use special technical means when checking the light transmission of car windows and the data of those special technical means reflected in the protocol. The main conclusions of the study can be determined as the need to adopt more severe penalties for the operation of vehicles with the presence of tinting or prohibit the operation of the vehicle with such malfunctions. A special contribution of the author to the study of is a comparative analysis of various points of view on the use of vehicles on which tinted windshields and front side windows are installed in violation of legal norms. The novelty of the study lies in the consideration of judicial practice indicating that driving a vehicle whose front side windows do not meet the requirements of the technical regulations on the safety of wheeled vehicles forms part of an administrative offense provided for in Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation.
Keywords:
control and supervisory functions, vehicle operation, responsibility, administrative punishment, tinting, administrative offense, identification of violators, administrative penalty, fine, offense