Theory and science of administrative and municipal law
Reference:
Shkiperov, A.A., Al'bov, A.P., Arutiunian, G.V., Burygin , A.A. (2024). Concepts of customs law. Administrative and municipal law, 6, 1–42. https://doi.org/10.7256/2454-0595.2024.6.72031
Abstract:
The subject of this study are the concepts used to regulate public relations related to the realization of ownership of goods transported across the customs border, power relations between customs authorities and persons exercising ownership of goods, as well as public relations related to the regulation of customs affairs. The authors consider in detail the established legal and scientific approaches to the definition of the basic concepts of customs law, the analysis of which reveals their essential features, essence and content. The authors study in detail such concepts as customs legal relations, customs control, customs regulation, customs business, customs administration, customs policy, customs law, customs legislation and others. Special attention in the framework of the study is paid to providing a comprehensive analysis of these concepts, taking into account the specifics of approaches to their understanding in various spheres of public relations. The authors used general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization, generalization and others) as well as special methods of scientific cognition characteristic of jurisprudence (comparative law, historical, formal law, legal hermeneutics, system-structural, legal modeling and others). The scientific novelty of the research lies in the conclusions and proposals aimed at improving the basic terminology of customs law, based on ensuring uniform approaches to the unambiguous definition of the basic concepts of customs law, which do not contradict the current legislation and are aimed at its development. The authors substantiate the critical importance of unifying the understanding of customs law terms in order to achieve a unified customs regulation, uniformity of law enforcement practice during customs control and customs operations both in the customs territory of the Eurasian Economic Union and in the Russian Federation. A special contribution of the authors is the realized attempt to integrate the approaches of the legislator, representatives of legal and economic sciences to the definition of customs law concepts as the only guarantee of effective regulation and management of public relations in the field of foreign economic activity.
Keywords:
customs sphere, customs supervision, customs legislation, customs law, customs policy, administration of customs law, customs business, customs regulation, customs control, customs legal relations
Administrative and municipal law: business, economy, finance
Reference:
Milchakova, O.V. (2024). «Strategic business company» in the understanding of the Law on Foreign Investments. Administrative and municipal law, 6, 43–59. https://doi.org/10.7256/2454-0595.2024.6.72186
Abstract:
The object of the study is the implementation of foreign investments in strategic sectors of the economy, the subject of the study is a «strategic business entity» as an object of investment activity. The author examines aspects of the normative and legal definition of «a business entity of strategic importance for ensuring the defense of the country and the security of the state», the features of the use of this concept in law enforcement. Particular attention is paid to the role of strategic business entities in ensuring the implementation of the National Security Strategy of the Russian Federation. The methodological basis of the study was made up of general logical methods of theoretical analysis, as well as a special formal-legal method and a method of technical-legal analysis. The conclusion is substantiated about the law enforcement agency going beyond the literal interpretation of the regulatory definition of a «strategic business entity» and a new concept of such a company is formulated and understood as «a legal entity created in the Russian Federation, implementing and (or) having the ability to implement, on the basis of a license, other permit document or agreement, any of the types of activities that are of strategic importance for ensuring the defense of the country and the security of the state and the implementation of national priorities provided for by the National Security Strategy of the Russian Federation (including performing work, providing services, delivering products necessary for another legal entity to implement the specified type of activity)». This definition must be provided for in the law in order to ensure legal certainty and create a positive investment climate.
Keywords:
national defense, economic security, national interests, strategic national priorities, National Security Strategy, strategic sectors of the economy, strategic business company, foreign investor, foreign investment, Government Commission
Theory and science of administrative and municipal law
Reference:
Potapenko, S.V., Pchelintsev, A.S., Taukenova , L.M., Goncharov, V.V., Petrenko, E.G., Cheshin, A.V. (2024). The impact of modern digital technologies on improving the effectiveness of psychological techniques for training specialists for public control (legal and economic aspects). Administrative and municipal law, 6, 60–80. https://doi.org/10.7256/2454-0595.2024.6.72383
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Abstract:
The article is devoted to the economic and legal analysis of the modern digital technologies on improving the effectiveness of psychological techniques for training specialists for subjects of public control in Russia. The authors note the role and importance of this institution of civil society in the system of legal guarantees for the implementation and protection of constitutional principles, as well as as a key institution of civil society. It is noted that the key problem of the functioning of public control is the problem of ensuring its effectiveness. The paper substantiates its author's definition, analyzes a set of factors that ensure it, including the quality of training of specialists of subjects of public control. The authors explore the main components of the training system of these specialists, certain techniques; note the importance of psychological training techniques. As the main scientific research methods, both general scientific methods (in particular, formal logical, dialectical, analysis, synthesis, induction and deduction) and private scientific research methods (for example, economic analysis, psychological analysis, comparative law, historical law, statistical, sociological) were used in the work. The empirical basis of the study was, in particular: the legislation of the Russian Federation regulating the public control; materials related to practical activities for training specialists for subjects of public control, the use of psychological techniques and methods in the process of their preparation, as well as modern digital technologies; materials of scientific periodicals in this field. The influence of modern digital technologies on the training of the above-mentioned specialists is analyzed, the author's definition of this concept is substantiated, the influence of these technologies on the processes of implementing psychological techniques for training specialists of subjects of public control is investigated. The authors consider the main directions of using modern digital technologies in this area, studying the limits and grounds of this use. The paper analyzes the economic efficiency of using modern digital technologies in the implementation of psychological techniques for training specialists of subjects of public control, which is especially important in conditions of limited financing of the processes of organization and functioning of subjects of public control.
Keywords:
improvement, economic efficiency, psychological aspects, training of specialists, subjects, public control, democracy, Russian Federation, digital technologies, modern
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Kulikova, Y.A. (2024). Digital technologies in the process of proving in the proceedings on administrative offenses. Administrative and municipal law, 6, 81–98. https://doi.org/10.7256/2454-0595.2024.6.71563
Abstract:
The article analyzes the use of modern digital technologies for proving in the administrative offenses proceedings. It examines how technologies such as video recordings, audio recordings, data analysis software, as well as specialized equipment are actively used to collect, store, process and present evidence in administrative cases. Special attention is paid to electronic evidence, which is information received, processed and provided in digital form. This evidence can serve to confirm various facts or circumstances directly related to administrative offenses. The numerous advantages of electronic evidence, such as their accessibility, high reliability, as well as the possibility of rapid and widespread dissemination, are emphasized. The reliability of these proofs is ensured by establishing their integrity, authenticity and accuracy. The research methodology includes an analysis of legal norms and existing judicial practice on the use of electronic evidence, such as electronic documents, video and audio recordings, and others. In the framework of administrative offences proceedings, electronic evidence may include a wide range of data, such as electronic documents, e-mail, video surveillance recordings, digital photographs, audio recordings, as well as other types of digital data, including metadata, log files, data from mobile devices and information from cloud storage. Their use may require confirmation of their authenticity, legal force and full compliance with legislative norms and standards. The article also examines the features of the legal definition of the concept of "electronic evidence" and suggests possible ways to improve legislation. A theoretical justification is proposed for the introduction of innovative technologies such as artificial intelligence, which can solve several key tasks in court proceedings, including automation of evidence analysis processes, although it is associated with certain difficulties, ethical issues and potential risks.
Keywords:
application of electronic evidence, video recording, screenshot, electronic evidence, digitalization, digital technologies, the proof process, proofs, administrative responsibility, electronic signature
Administrative law, municipal law and consumer protection
Reference:
Vinokurov, V.A., SHafigulin, K.V. (2024). Defects in the legislative regulation of medical services for the patient, considered as services for the consumer. Administrative and municipal law, 6, 99–111. https://doi.org/10.7256/2454-0595.2024.6.70731
Abstract:
In the daily activities of medical institutions, bodies controlling the work of medical institutions, as well as judicial authorities, problems arise with the definition of medical services, which, on the one hand, is included in the list of services to the consumer, and on the other hand, has its own characteristics, which is important to resolve the issue of determining responsibility for the poor-quality provision of medical services provided to the patient. The aim of the study was to understand the regulatory and legal consolidation of the concepts of "service" and "medical service", primarily on the basis of the norms of the Law of the Russian Federation "On Consumer Rights Protection" and the Federal Law "On the Basics of Health protection of Citizens of the Russian Federation". The need for the analysis is due to errors and ambiguities inherent in legislative acts. The draft law submitted to the State Duma in March 2024, aimed at eliminating obvious inconsistencies in the provision of medical services, which in this context are proposed to be called medical care, has been critically considered. When working on the article, general and private scientific methods were used – analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms. As a result, proposals have been formulated to amend legislation according to which the relations that will arise when providing medical care to citizens both within the framework of the program of state guarantees of free medical care to citizens and when providing paid medical care should be regulated by the provisions of the Federal Law "On the Basics of Protecting the Health of Citizens of the Russian Federation", which will allow to comply with the constitutional norm, on the right of everyone to health protection and medical care.
Keywords:
the bill, consumer, service, a patient, medical service, medical care, human rights, health protection, The Constitution of the Russian Federation, legal disputes