Subjects/Legal entities in administrative and financial law
Reference:
Burygin , A.A., Shkiperov, A.A., Vin'kova , T.V., Agamagomedova, S.A. (2025). Dispatching of customs declarations in the Russian Federation: problems of legal justification. Administrative and municipal law, 1, 1–17. https://doi.org/10.7256/2454-0595.2025.1.72952
Abstract:
The subject of this study is the regulation of public relations proposed by the Federal Customs Service and the Ministry of Finance of the Russian Federation related to the automatic distribution of electronic customs declarations for goods between authorized electronic declaration centers using the customs information system, in particular, provided for by the current version of the draft order of the Ministry of Finance of the Russian Federation "On the powers of customs authorities to register customs declarations". Special attention in terms of argumentation of the need and specifics of the legal justification and regulatory consolidation of dispatching is paid to the positive effects of such a mechanism, which, in the author's opinion, are an integral manifestation and condition of full-scale digitalization and automation of customs authorities, established as a target for the development of the customs service of the Russian Federation until 2030, designed to ensure operational regulation and redistribution of the declarative array. To optimize the burden on officials, shorten the period of release of goods, simplify and accelerate customs operations, ensure uninterrupted registration of electronic customs declarations, and eliminate the possibility of interaction between declarants and customs officials is aimed at reducing the likelihood of corruption offenses. The authors used both general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization, generalization, and others) The same applies to special methods of scientific knowledge typical of jurisprudence (comparative law, historical, formal law, legal hermeneutics, system-structural, legal modeling, and others). The novelty of the scientific research lies in the applied proposals developed on the basis of the results of a comprehensive analysis of the existing sources of the EAEU law and the legislation of the member states on customs regulation, law enforcement practice regarding the legal justification of dispatching customs declarations in the Russian Federation as an integral direction in the implementation of strategic directions for the development of the customs service, providing for the formation by 2030 of a qualitatively new, rich "artificial intelligence", a rapidly reconfigurable, informationally connected with internal and external partners, a "smart" customs service that is invisible to law-abiding businesses and effective for the state, especially in terms of creating a "smart", flexible, information-rich, self-adjusting risk management system, as well as implementing and improving the effectiveness of the anti-corruption mechanism in in the customs sphere.
Keywords:
automatization, digitalization, customs authorities, customs declaration, dispatching of customs declarations, registration of customs declarations, electronic declaring center, customs declaring, declarant, information system
Administrative law, municipal law and the issues of legal theory
Reference:
Golubeva, T.M. (2025). On the issue of the essence of administrative and legal regimes of state control (supervision). Administrative and municipal law, 1, 18–33. https://doi.org/10.7256/2454-0595.2025.1.73246
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Abstract:
The issues of the essence of administrative and legal regimes of state control and supervision are considered. The concept of the regime of state control and supervision is defined. The characteristics of administrative and legal regimes of state control and supervision are considered. A list of state control and supervision regimes is provided. The essence of administrative and legal regimes of state control and supervision is revealed through the following elements: objectives of the establishment and implementation of regimes; regulatory legal framework; legal status of subjects; means of ensuring; consequences (sanctions) violations of regime rules; principles of state control and supervision regimes. In the author's opinion, the main principle of state control and supervision regimes is considered – the principle of balance in the activities of control and supervisory authorities in achieving the goals of state control and supervision. The methodological basis was provided by general scientific (analysis, synthesis) and special (formal-legal, comparative-legal) methods of cognition. As a result of the conducted research in the field of state control (supervision) through the application of the necessary and sufficient regime of state control (supervision), the following conclusions can be drawn. The implementation of administrative and legal regimes of state control and supervision makes it possible to avoid continuous inspections as an ineffective model of control and supervisory activities. The result of the establishment and implementation of the necessary and sufficient administrative and legal regime of state control and supervision is the establishment of a balance in the activities of control and supervisory authorities in achieving the goals of state control and supervision. State control (supervision) regimes make it possible to ensure optimal administrative pressure on business entities.
Keywords:
permanent state regime, special modes, monitoring, industrial safety, experimental legal regime, remote control, moratorium on inspections, control reform, supervision, control
Theory and science of administrative and municipal law
Reference:
Vasilevich, D.G., Goncharov, V.V., Potapenko, S.V., Bezuglov, S.V. (2025). The right to euthanasia abroad: the experience of public law research. Administrative and municipal law, 1, 34–43. https://doi.org/10.7256/2454-0595.2025.1.73409
Abstract:
This article is devoted to the public law analysis of the right to euthanasia, which is enshrined in a number of foreign countries. The subject of the analysis is the relevant provisions of foreign legislation on the possibility of depriving individuals of their lives both by themselves (with the help of third parties) and directly by third parties (by decision of the above-mentioned individuals, their relatives, as well as in a number of other cases). The right to euthanasia should be understood as the right to end a person's life by third parties, or with the help of third parties (without whom it could not be realized), carried out according to the current legislation, legal customs, or case law. Euthanasia should be distinguished from suicide, that is, taking a person's life by committing certain actions (active suicide), or by inaction resulting in death. A number of scientific research methods are used in the research: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. We believe that the concept of assisted suicide, which is actively used in foreign legislation when describing the human right to euthanasia (and the methods of its commission), when a person takes his own life, but with the help of third parties, is correct only in cases where the lack of the above-mentioned assistance did not affect the likelihood of death. If death would not have been possible without the aforementioned assistance of third parties, then we are not talking about assisted suicide, but about murder. The analysis and classification of the foreign legislation of a number of countries in the context of the consolidation and implementation of the right to euthanasia by individuals in these countries is carried out. The issues concerning the possibility, necessity and prospects of securing this right in the Russian Federation and the Republic of Belarus need further scientific understanding. The purpose of the research is to study the right to euthanasia as a socio-legal phenomenon, the reasons for its emergence and promotion in the legislation and judicial practice of a number of foreign countries.
Keywords:
European Union, Republic of Belarus, Russian Federation, death, assisted suicide, somatic rights, freedoms, USA, rights, euthanasia
Public and municipal service and the citizen
Reference:
Madatov, O.Y. (2025). Administrative measures to ensure equality between men and women in the civil service: problems and prospects. Administrative and municipal law, 1, 44–66. https://doi.org/10.7256/2454-0595.2025.1.73270
Abstract:
The author studies the administrative measures aimed at ensuring gender equality in the civil service. The relevance of the research is determined by the need to improve the effectiveness of public administration and eliminate gender stereotypes that limit human resources. The purpose of the article is to analyze administrative measures to ensure equality between men and women, identify problems of discrimination against men and develop proposals to eliminate gender inequality. The paper analyzes the regulatory framework, identifies problems of discrimination against men, evaluates the effectiveness of existing measures and offers recommendations for their improvement. The subject of the study is administrative measures aimed at ensuring equality between men and women in the civil service, with an emphasis on the problems of discrimination against men and the prospects for improving mechanisms to eliminate gender inequality. The research methodology includes an analysis of the regulatory framework, statistical analysis of data on gender representation, sociological methods (expert interviews, survey analysis), comparative analysis of international experience, and a systematic analysis method to identify the interrelationships of factors affecting gender equality. The novelty of the research lies in a comprehensive analysis of the problem of gender equality in the civil service, taking into account the problems of discrimination against men, in particular the phenomenon of the "glass floor/ceiling", and the development of recommendations for improving administrative measures based on international experience and taking into account the specifics of Russian reality. Despite progress in creating a regulatory framework, de facto gender equality in the civil service has not been achieved. Discrimination, gender stereotypes and an imbalance in representation persist, affecting both women and men. Improvement requires: clarifying legislation, strengthening accountability measures, reviewing personnel selection criteria, adapting international experience, developing a national strategy, and actively involving public organizations. The implementation of the proposed measures will create a more equitable and efficient public service system.
Keywords:
glass floor, glass ceiling, equal opportunities, national strategy, quotas, personnel potential, gender stereotypes, administrative measures, public service, gender equality
ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Kulikova, Y.A. (2025). The concept and types of digital technologies used in the administrative and jurisdictional process. Administrative and municipal law, 1, 67–78. https://doi.org/10.7256/2454-0595.2025.1.73088
Abstract:
The article is devoted to the study of the problem of defining the concept and classification of types of digital technologies used in the administrative and jurisdictional process in the Russian Federation. The author emphasizes that the Russian legislation currently lack a single and generally accepted definition of digital technologies, which makes it difficult to apply them in practice. This creates legal gaps that affect the effectiveness of administrative and jurisdictional activities, reducing transparency and speed of case review. It is noted that there is no consensus in the scientific research environment, where different scientists propose different approaches to the interpretation of this concept, which leads to disagreements in theoretical understanding. This makes it difficult to develop unified legal solutions aimed at the effective use of digital technologies in the legal field. A set of scientific cognition methods was used. General scientific, private scientific, as well as special methods of cognition were used. Observation, analysis and synthesis, induction and deduction, as well as the system method and the method of structural analysis were used main methods of research. The problem of technological lag in the administrative and jurisdictional process has been identified, which negatively affects its effectiveness and relevance. The types of digital technologies that are currently used in one way or another in the administrative and jurisdictional process, including the use of digital evidence and the automation of many stages of case review, are studied. The draft laws on digitalization of proceedings in cases of administrative offenses, their impact on judicial practice and law enforcement are analyzed. The research methodology includes an analysis of legal norms and existing judicial practice on the use of digital evidence. The author concludes that one of the primary ways to solve current problems should be the inclusion of key concepts related to electronic evidence in the Administrative Code of the Russian Federation, as well as a uniform regulatory definition of the place of electronic evidence in the evidentiary process, which will increase the effectiveness of law enforcement and improve the observance of citizens' rights.
Keywords:
neural network, technical means, digitalization, artificial intelligence, electronic evidence, administrative and jurisdictional process, Administrative Code of the Russian Federation, electronic document management, Public administration, digital technologies