Administrative law, municipal law and environment issues
Reference:
Manin I.
New Zealand Subsoil Using Legal Regime
// NB: Administrative Law and Administration Practice.
2022. ¹ 4.
P. 1-27.
DOI: 10.7256/2306-9945.2022.4.38661 EDN: XRQYRZ URL: https://en.nbpublish.com/library_read_article.php?id=38661
Abstract:
The object of the study is the relations of subsurface use in New Zealand, the subject is the legal regulation of the exploitation of New Zealand natural resources contained in the subsurface and on the seabed - in sulfide fields. The author examines in detail the state mechanism of environmental management, paying special attention to the role of local authorities and the indigenous Maori population in the procedure for granting the right to use mineral deposits, as well as the specifics of the search and production of hydrocarbons on the continental shelf, the legal regime of Antarctica, New Zealand subantarctic territories and water areas. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. The relevance of the work is due to its practical significance and reflects domestic economic interests in Oceania. The scientific novelty of the article lies in the originality of the work containing fundamentally new information on the subject of research - the only one in Russia and one of the few published scientific works on New Zealand natural resource law in the world. The publication analyzes the laws in the current year's edition, it can be used for comparative jurisprudence, in the legislative process, for educational, scientific and other purposes, the article contains conclusions on the text and at the end of the study. The conclusion about the sovereignty of the British Crown over the exclusive economic zone and the continental shelf of New Zealand, the proclamation of the New Zealand sovereign as the owner of the natural resources of the relevant waters, contrary to the norms of international maritime law, is important for ensuring peace and global security. The experience of municipal and parliamentary control, specialized environmental justice of New Zealand can be used by the Russian Federation.
Keywords:
New Zealand foreign investment, New Zealand local government, subsoil use management, permission for subsurface use, marine permit, international maritime law, new zealand continental shelf, natural resource law, ownership of mineral resources, ownership of land
Administrative law, municipal law and information security
Reference:
Duben A.K.
Actual Problems of Administrative Responsibility in the Field of Information Security
// NB: Administrative Law and Administration Practice.
2022. ¹ 4.
P. 28-39.
DOI: 10.7256/2306-9945.2022.4.38792 EDN: SGNCJO URL: https://en.nbpublish.com/library_read_article.php?id=38792
Abstract:
The article emphasizes the relevance of drawing attention to the increasing role of administrative and legal provision of information security. The current administrative legislation is analyzed, and proposals are formulated aimed at finding administrative and legal means and methods, problems of ensuring information security. Based on the current administrative legislation, the article presents the author's approach to the problem of legal responsibility in the field of security in the global cybernetic space. The article examines the legal and organizational aspects of the implementation of administrative responsibility measures in the mechanism of ensuring information security, the importance of administrative coercion in the mechanism of building an information society is noted in the work. The main conclusions of the study are that over the last period of time a number of changes have been made to the administrative legislation in terms of legal regulation of information security. These changes indicate that in the Russian Federation, state control is being strengthened to prevent information threats and risks, while the legislator responds in a timely manner to changes in society in the context of the digitalization of law and geopolitical instability in the world. To date, measures of administrative responsibility for offenses in the field of information security are constantly being developed and improved.With the advent of new information technologies, means of communication and objects of critical information infrastructure in the Russian Federation, it is necessary on an ongoing basis to conduct scientific research on issues of legal liability for unlawful influence on such information objects with the active participation of public authorities in order to introduce scientific and technical developments into practical activities.
Keywords:
management methods, government measures, administrative coercion, offense, information security, digital development, administrative responsibility, legal responsibility, information law, administrative law
Issues in settling of administrative and municipal disputes
Reference:
Yurkova O.A.
On the Issue of Jurisdiction of Disputes in which one of the Parties is a Multifunctional Center for the Provision of State and Municipal Services
// NB: Administrative Law and Administration Practice.
2022. ¹ 4.
P. 40-50.
DOI: 10.7256/2306-9945.2022.4.38882 EDN: POIXJW URL: https://en.nbpublish.com/library_read_article.php?id=38882
Abstract:
The object of the study is public relations regulating the determination of the jurisdiction of judicial disputes involving multifunctional centers for the provision of state and municipal services (MFC) on the territory of the Russian Federation. The subject of the study is the regulatory regulation of disputes involving the MFC. The purpose of the study is to identify theoretical and practical gaps in the regulatory legal regulation of the activities of multifunctional centers for the provision of state and municipal services and its interaction with public authorities and citizens–applicants. In the course of the study, methods of scientific-theoretical and scientific-practical analysis, comparative legal characteristics, formal-logical and analytical research methods were used. The topic under consideration is relevant due to the growing number of administrative disputes in the sphere of interaction between state bodies and citizens, as well as due to the large coverage of the population with MFC services (96%), which, given the weak legal regulation of the issue of MFC litigation, creates a serious problem. The novelty of the study is that the legal status of the MFC is analyzed from the point of view of the independence and autonomy of the subject of legal relations in court disputes and the gaps in federal legislation regulating the activities of the MFC are investigated in the light of its connection with the jurisdiction and scope of administrative proceedings. According to the results of the study, it was found that the norms of Federal Law No. 210 do not allow unambiguously establishing the jurisdiction of a dispute involving a multifunctional center and do not contain a judicial procedure for considering a dispute as such.
Keywords:
complaint, applicant, citizen, administrative claim, jurisdiction, administrative proceedings, MFC, multifunctional center, cooperation agreement, regulations
Theory and science of administrative and municipal law
Reference:
Bababekova D.A.
The concept of the content and system of juvenile justice
// NB: Administrative Law and Administration Practice.
2022. ¹ 4.
P. 51-61.
DOI: 10.7256/2306-9945.2022.4.38652 EDN: LANMAY URL: https://en.nbpublish.com/library_read_article.php?id=38652
Abstract:
In this article, the author analyzes approaches to the concept of "juvenile justice", examines the links of the juvenile justice system in the Russian Federation. In the Russian Federation, increased attention has always been paid to the rights and freedoms of minors, and the state takes special care of them and provides protection, including through legal regulation of this area of its activities. The article presents its own vision of the concept of the content and system of juvenile justice. In the scientific study, the author's vision of the juvenile justice system is proposed, the juvenile justice system in the modern period of the development of the Russian state should be understood in a broad sense, and its system should form three blocks (subsystems). At the same time: the jurisdictional subsystem is represented by juvenile courts, implementing criminal justice and proceedings on administrative offenses; the preventive subsystem (prevention) by the subjects of the system of prevention of offenses and crimes; the subsystem of resocialization (as a complex measures to work with minors to include them in a normal social environment and restore their positive personal properties and characteristics) – an extremely wide range of subjects, for example, authorized law enforcement officers and, above all, employees of internal affairs bodies, guardianship and guardianship authorities, teachers, psychologists, social workers, etc.
Keywords:
minors, concept, law, courts, internal affairs bodies, juvenile courts, commissions, juvenile justice, prevention system, resocialization of minors
Liability in administrative and municipal law
Reference:
Gluzdak G.N., Likhomanova Y.Y., Bulgakova L.S.
Perspectives and Ways of Developing Alternative Methods for Calculating Administrative Fines
// NB: Administrative Law and Administration Practice.
2022. ¹ 4.
P. 62-71.
DOI: 10.7256/2306-9945.2022.4.39111 EDN: EGOHJF URL: https://en.nbpublish.com/library_read_article.php?id=39111
Abstract:
The research focuses on methods of calculating administrative fines, which could be considered as an alternative to the existing ones. The aim of the work is to propose such methods, as well as to identify prospects and ways of their development. The study examines the problem of the appropriateness of calculating administrative fines in hard money, which is particularly relevant in the context of insufficient effectiveness of this type of administrative punishment. The authors analyze changes in the domestic legislation on administrative offences, and also refer to the comparative legal method, comparing the methods of calculating fines in the Russian Federation and in other states: Belarus, Kazakhstan, Finland. The authors conclude that significant money fines are not sufficiently effective. The novelty of the study lies in the proposal of alternative methods for calculating the administrative fine: the determination of the amount of the monetary penalty in relation to the minimum wage, the base value or the calculation indicator, the income of the offender. Special attention is paid to the consideration of alternative ways of calculating administrative fines for traffic offences: The establishment of a relationship between administrative penalties and the cost of the vehicle or the capacity of its engine and the introduction of a penalty point system are proposed. The results of the study can be used to improve the legislation of the Russian Federation on administrative offences.
Keywords:
penalty points, traffic, basic value, minimum wage, amount of the fine, monetary penalty, administrative liability, administrative punishment, administrative fine, repeated offense
Issues of administrative and municipal legal relationship
Reference:
Semenova A.A.
Organization of Interaction between the Police and the Subjects of the System of Crime Prevention in Countering Dangerous Hobbies of Young People
// NB: Administrative Law and Administration Practice.
2022. ¹ 4.
P. 72-80.
DOI: 10.7256/2306-9945.2022.4.39145 EDN: ERLLBZ URL: https://en.nbpublish.com/library_read_article.php?id=39145
Abstract:
The object of scientific research is social relations between the police and the subjects of the crime prevention system in counteracting the dangerous hobbies of young people. The subject of scientific research is the norms of the administrative legislation of the Russian Federation. In the course of the study, scientific-theoretical, scientific-practical, comparative-legal research methods, objective methods of analysis and synthesis, and others were used. The relevance of this study is due to the organization of police activities with other subjects of prevention and counteraction to dangerous hobbies of adolescents and youth, the use of various preventive measures and ways to prevent acts that threaten the life, health and moral education of the younger generation.The novelty of the study lies in the fact that the scientific provisions are analyzed in the direction of the study on the organization of interaction between the police and the subjects of the prevention system to counter the dangerous hobbies of adolescents and young people. The problems of implementing the interaction of the police with other subjects to counter the dangerous hobbies of adolescents and youth have been established and recommendations have been proposed for the creation of a general regulatory legal act and amendments to a number of legislative acts to improve the organization of interaction between the police and other subjects of prevention in the field of counteraction to the dangerous hobbies of adolescents and youth.
Keywords:
counteraction, offense, hooking, subjects, prevention, organization, police, teenagers, youth, dangerous hobbies