Administrative law, municipal law and environment issues
Reference:
Semenova I.V.
Features of the legal regulation of the use of aquatic biological resources by indigenous minorities
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 1-13.
DOI: 10.7256/2306-9945.2024.4.71795 EDN: FNGFJB URL: https://en.nbpublish.com/library_read_article.php?id=71795
Abstract:
The article deals with the peculiarities of legal regulation of the use of aquatic biological resources by small indigenous minorities of the Russian Federation. The legal status of indigenous minorities is analyzed, and it is also noted why the indigenous minorities of the North, Siberia and the Far East of the Russian Federation have a special position in the field of traditional fishing. The author considers the problematics of the rights and obligations of the peoples of the North in relation to the extraction of aquatic biological resources. Special attention is paid to modern legislative gaps existing in this sphere. The main ways of solving the identified problems are defined and the effectiveness of existing legislative acts is evaluated. The author analyzed the draft law No. 309477-8, designed to amend the Federal Law “On Fishing and Conservation of Aquatic Biological Resources”. The main conclusions of the study are, formulated by the author proposals to improve the legislation, as well as the problems of legal regulation in this area discovered by him. The author proposed the introduction of the term “traditional fishing” into the Law on Fishing. In addition, the application procedure for obtaining quotas for traditional fishing was identified as one of the main problems of small indigenous minorities of the North in their fishing. The author identified the need to detail the draft law No. 309477-8 in terms of the implementation of the new mechanism in practice, especially with regard to fixing the volume of catch of aquatic biological resources and the gear used for their extraction. The study revealed the expediency of providing representatives of indigenous minorities of the North with preferential quotas for economic activities in order to develop entrepreneurial activity in their environment.
Keywords:
traditional natural resource use, aquatic resources, traditional fishing, legal regulation, fisheries, government regulation, aquatic biological resources, peoples of the North, indigenous, indigenous minorities
Theory and science of administrative and municipal law
Reference:
Ustyukova V.V.
Administrative responsibility for violations in the field of land reclamation
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 14-28.
DOI: 10.7256/2306-9945.2024.4.71858 EDN: MRYNEV URL: https://en.nbpublish.com/library_read_article.php?id=71858
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Abstract:
The relevance of the article is due to the fact that it is devoted to a little-studied topic in the science of administrative law. Meanwhile, offenses in the field of land reclamation, considered in science as land offenses and offenses with "environmental characteristics", may pose a certain threat to ensuring food and environmental security in Russia, since they contradict the goal of ensuring rational use of land, primarily agricultural land. Effective detection and prevention of these offenses should contribute to increasing the responsibility of various entities engaged in activities in the field of land reclamation, which should contribute to the goals of ensuring environmental protection in the process of reclamation activities. The subject of the study is the norms of Articles 10.9 and 10.10 of the Code of Administrative Offences of the Russian Federation, the practice of their application by the courts, as well as legal literature on this topic. The purpose of the article is to discuss controversial issues in the doctrine of administrative law in relation to the relations under consideration, to characterize the composition of these offenses, to identify gaps and contradictions in judicial practice. The methodological basis of the research consists of general scientific methods of cognition (analysis, synthesis, etc.), and special methods (formal legal, comparative legal, etc.). It is noted that in the course of practical implementation of the norms of administrative responsibility for offenses in the field of land reclamation, there are shortcomings in the formulation of offenses. In particular, the low amounts of administrative fines provided for by the Administrative Code of the Russian Federation do not contribute to the prevention of the commission of these offenses. The Rosselkhoznadzor territorial authorities also do not always properly perform their duties in this area. The scientific novelty of the work consists in the conclusions formulated about an urgent need to eliminate shortcomings both in the formulation of the elements of offenses in the specified articles of the Administrative Code of the Russian Federation, including in the aspect of increasing the amount of fines for the relevant acts, and in the practice of applying the articles under consideration. Attention is also drawn to the need to improve the activities of the Rosselkhoznadzor territorial authorities.
Keywords:
administrative sanctions, agroforestry plantations, reclamation, reclamation project, reclamation systems, land reclamation, administrative offences, administrative responsibility, food safety, environmental safety
Administrative law, municipal law and security
Reference:
Sotnikova Y.V.
On safety issues at water transport facilities
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 29-43.
DOI: 10.7256/2306-9945.2024.4.72302 EDN: KINIVE URL: https://en.nbpublish.com/library_read_article.php?id=72302
Abstract:
The subject of the study is safety at water bodies. Ensuring safety at water bodies requires a systematic approach that includes training and prevention. Informing the public about potential risks and rules of behavior on the water plays a key role in reducing the number of incidents and saves lives. Regular educational campaigns and awareness-raising activities allow to form a responsible attitude towards one's own health and safety. Coordination of the efforts of the state, business and public organizations creates the necessary conditions for the implementation of comprehensive programs aimed at protecting the population on water bodies. This approach minimizes risks, ensures readiness to respond in emergency situations and contributes to improving overall safety on the water. When writing the article, we used statistical data from the Ministry of Emergency Situations of Russia, rules and recommendations for ensuring water safety, rules of conduct in extreme situations on the water, as well as regulatory documentation establishing legal instruments for regulating safety of the water transport. One of the key aspects of this study is to identify existing gaps in the legislative framework governing safety of the water transport. Despite the existence of a number of regulatory legal acts, many aspects remain insufficiently regulated. The analysis of existing gaps in the legal regulation requires a comprehensive approach to the study of public relations in this area. Not only government agencies and regulatory organizations play an important role in this process, but also citizens' associations, professional associations and non-governmental organizations. The conclusion of this study highlights the need to review and improve the current rules and regulations governing safety of the water transport. It is obvious that a comprehensive understanding and interaction of all stakeholders will create the basis for the development of a more secure and reliable system. Legislation should take into account both the current realities of the use of water resources and the prospects for their change in the future.
Keywords:
shipping, shipowners, navigation, inland waterway transport, transport infrastructure, water transport, safety, accidents, emergencies, water transport facilities
Theory and science of administrative and municipal law
Reference:
Kurakin A.V.
Sports regulation or the subject of sport law
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 44-62.
DOI: 10.7256/2306-9945.2024.4.71883 EDN: KQMQJT URL: https://en.nbpublish.com/library_read_article.php?id=71883
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The article examines the phenomenon of "sport law", draws attention to the fact that this area of legal regulation is complex, due to the object of legal regulation - "sport". The author draws attention to various points of view regarding the subject of "sports law", and formulates the author's definition of this phenomenon. The peculiarities of the regulation of sports relations is the fact that the object in the content of this regulation is such a category as "sport". Sport as a phenomenon of social life is considered from a variety of angles, based on this, the subject of legal regulation of sports relations is complex, however, the norms of administrative law, both regulatory and protective, prevail in the regulation of sports as a phenomenon. It is noted in the work that the norms of international sports law have a serious impact on the subject of legal regulation of sports. The methodological basis of the article consists of various methods of scientific cognition. The following methods were used: the historical and legal method, which allowed us to see the dynamics of the formation of a system of views on the subject of sports law; formal-logical and logical-legal methods of scientific knowledge allowed us to identify contradictions, as well as legal and organizational problems that are associated with the legal regulation of sports. Based on the conducted research, the author concluded that the norms of sports law, as a complex branch, regulate public relations related to the establishment of the legal status of an athlete and coach, the procedure for the transfer of athletes from one club (team) to another, i.e. the norms of sports law regulate transfer (agency) relations. The norms of sports law determine the procedure for the responsibility of athletes and coaches; determines sports sanctions can be of two types, sanctions established in the sports competition itself and sanctions established by the norms of administrative, labor, criminal and civil law. The norms of sports law regulate relations related to the use of doping in sports, the relevant norms prohibit its use in any form and establish responsibility for its use in sports.
Keywords:
coercion, law, norm, athlete, competition, doping, responsibility, regulation, physical culture, Sport
Administrative process and procedure
Reference:
Pligin V.N.
Principles of administrative responsibility: current issues
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 63-76.
DOI: 10.7256/2306-9945.2024.4.72538 EDN: SFHDUG URL: https://en.nbpublish.com/library_read_article.php?id=72538
Abstract:
The subject of the study is the concept of the principles of administrative responsibility, as well as the problems and trends of their provision in the context of active reform of domestic legislation on administrative responsibility. Taking into account the fact that the institution of administrative responsibility should be based on the general principles of public administration and legal responsibility, the author considers the principles of administrative responsibility as a fundamental element of public legal responsibility. The principles of administrative responsibility are studied by the author from the standpoint of highlighting the principles of establishing and applying administrative responsibility as principles of a more specific order. The subject of the study also includes the formation of a correlation of such concepts as: principles of administrative responsibility, principles of legislation on administrative offenses, principles of proceedings in cases of administrative offenses. They are studied by the author in the context of a comparative legal analysis of the provisions of the current Code of Administrative Offences of the Russian Federation and individual drafts of the Code of Administrative Offences of the Russian Federation. When working on the topic, the following research methods were used: comparative law, methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the study are the following: 1) the list of principles of administrative responsibility can be recognized by a system in which different types of principles have been prioritized and significant in different historical periods; 2) with regard to the principles of administrative responsibility, the principles of establishing administrative responsibility and the principles of applying administrative responsibility should be distinguished (the first group of principles is addressed to the legislator, the second group of principles is enshrined in the legislation on administrative offenses and is used by bodies and persons within the framework of specific procedures for bringing to administrative responsibility); 3) as the basic principles of administrative responsibility, it is necessary to highlight: legality; equality of persons brought to administrative responsibility before the law; personalization of administrative responsibility; presumption of innocence; justice. A special contribution of the author to the research of the topic is an overview of the consolidation of the principles of administrative responsibility in the projects of the Administrative Code of the Russian Federation. It is concluded that it is necessary to consolidate the principles of administrative responsibility in the updated legislation on administrative offenses.
Keywords:
administrative jurisdiction, the presumption of innocence, equality, legality, legal institution, administrative offense, administrative responsibility, individualization of punishment, legal principles, liberalization of administrative responsibility