Theory and science of administrative and municipal law
Reference:
Amelichkin A.V., Isaev M.M.
Usage of special software for mobile devices for improving efficiency of road traffic safety
// NB: Administrative Law and Administration Practice.
2020. ¹ 3.
P. 1-10.
DOI: 10.7256/2306-9945.2020.3.33355 URL: https://en.nbpublish.com/library_read_article.php?id=33355
Abstract:
The subject of this research is the system of legal relations in the area of ensuring road traffic safety. The object of this research is the social relations emerging in the process of recording administrative legal relations via special software for mobile devices for improving efficiency of road traffic safety. The goal of this article consists in examination of the normative legal framework that regulates the usage of special software for mobile devices in law enforcement. The authors examine the issues of normative legal regulation of the process of recording administrative offences with regards to road traffic safety using special software for mobile devices. Special attention is given to the usage of special software for mobile devices when determining the elements of an administrative offence. The novelty this research is defined by the need to improve legal mechanism for recording administrative offences in the area of road traffic safety using special software for mobile devices, prevention of infringement of rights and legitimate interests of road users in the area of ensuring road traffic safety. The authors describe the problems and propose solutions aimed at improvement of legal mechanism for recording administrative offences in the area of road traffic safety via special software for mobile devices. The main conclusion consists in the need for revising normative legal acts in the area of ensuring road traffic safety for the purpose of improvement of the effectiveness of special software.
Keywords:
traffic accident, mobile device, special software, road user, security, road traffic, prevention, law regulation, statistics, offence
Executive authorities and the civil society
Reference:
Kostin S.G.
Public opinion monitoring on the activity of the bodies of internal affairs for the purpose of formation positive image of a police officer
// NB: Administrative Law and Administration Practice.
2020. ¹ 3.
P. 11-16.
DOI: 10.7256/2306-9945.2020.3.34016 URL: https://en.nbpublish.com/library_read_article.php?id=34016
Abstract:
The subject of this research is the criteria for extradepartmental assessment of police performance, and the mechanism for conducting public opinion monitoring. The goal consists in the analysis of the impact of public opinion upon the performance efficiency of the bodies of internal affairs, as well as in determination of the factors affecting the formation of positive image of a police officer. The application of systemic approach in the course of this research allowed outlining the group of factors that impact the effectiveness of the bodies of internal affairs. Structural-functional analysis was used for studying the role of public opinion, identification of its development trends and conditions for the purpose of improving performance efficiency of the bodies of internal affairs. It is noted that the results of studying public opinion are an essential criterion for assessing the work of law enforcement agencies along with determination of deficiencies in their work, as well as allow make organizational and administrative decisions for their elimination. The author substantiates the growing influence of public opinion upon the current socially-oriented model of state administration. The main conclusions of this research consist in the analysis of theoretical aspects of the impact of public opinion upon the operational police activity, as well as in proposal of recommendations on the forms of implementation of results of public opinion monitoring, which may enhance public confidence in the police, and form positive image of the employee of internal affairs agencies.
Keywords:
trust of citizens, population survey, police, image, monitoring, public opinion, Evaluation of the Police, security, social control, safety
Liability in administrative and municipal law
Reference:
Bylinin I.A.
To the question of administrative legal regulation of carsharing and implementation of the federal state monitoring in the area of ensuring road traffic safety to the parties involved
// NB: Administrative Law and Administration Practice.
2020. ¹ 3.
P. 17-27.
DOI: 10.7256/2306-9945.2020.3.33883 URL: https://en.nbpublish.com/library_read_article.php?id=33883
Abstract:
The subject of this research is the normative legal acts that regulating responsibility for failure to comply with statutory requirements on ensuring road traffic safety in the context of short-term car rentals, law enforcement practice, statistical analysis of traffic accidents involving the vehicles provided by carsharing companies, as well as terms for their provision. The object of this research is the social relations emerging in the context of short-term car rentals owned by legal entities and individual entrepreneurs. The goal of this work consist in the attempt to improve the administrative legislation on bringing to responsibility legal entities and individual entrepreneurs who provide short-term rental services to citizens. The scientific novelty lies in legal regulation of the definition of “carsharing” on the level of federal legislation, as well as in amendments to the terms of the contract that would eliminate inconsistency of case law with regards to civil law relations and bringing to administrative responsibility of the persons who fail to comply with statutory requirements on ensuring road traffic safety. The proposed by the author concept of “carsharing” would allow imposition of obligations upon the leaseholders on compliance with road traffic safety requirements placed on the legal entities and individual entrepreneurs while operating a vehicle in accordance with the Federal Law No. 196-FZ of 12.10.1995 "On Road Traffic Safety".
Keywords:
Legal entity, Damage, Risks, Hire, Administrative responsibility, Carsharing, Short-term vehicle rental, Traffic accident, road safety, Individual entrepreneur
Administrative law, municipal law and human rights
Reference:
Maslyakov V.V., Portenko N.N., Pavlova O.N.
Vaccination against coronavirus: legal issues
// NB: Administrative Law and Administration Practice.
2020. ¹ 3.
P. 28-34.
DOI: 10.7256/2306-9945.2020.3.33965 URL: https://en.nbpublish.com/library_read_article.php?id=33965
Abstract:
This article examines the legal issues related to voluntary vaccination against the novel coronavirus infection COVID-19. It is noted that usage of contract with regards to mandatory vaccinations against coronavirus is impossible, as from the legal perspective, signing a contract is voluntary. Therefore, it is necessary to issue the corresponding legislative act that would not only establish the responsibility, but also ensure right for protection of biological database. There is also a need to settle the matter pertaining to storage of the collected biomaterial, as well as monitoring of the process of testing mass vaccination. There are currently no legislative acts on this issue, which necessitates the development of normative legal acts thereof. The article reviews the legal issues related to voluntary vaccination against the novel coronavirus infection COVID-19. There yet multiple unresolved legal issues regarding the application of new vaccine, requirements for its transportation, and storage of biological materials. It is underlined that if a pedagogue, medical employee, or sales person are not vaccinated against coronavirus, the suspension of this category of citizens or refusal to hire is currently unlawful. This is substantiated by the fact that in order for vaccination against any infectious disease (including COVID-19) to be mandatory, it is essential to make amendments to not only the aforementioned legislative act, but also to the framework law of 11.11.2011 No. 323-FZ “On the Fundamentals of Protection of Public Health in the Russian Federation”. These legislative acts should ensure the rights of citizens for refusal of medical treatment overall, as well as refusal of preventive vaccinations in particular.
Keywords:
epidemic of the disease, preventive vaccination calendar, changes in legislation, refusal of vaccinations, mandatory preventive vaccinations, COVID-19, voluntary consent, legal issues, vaccination, coronavirus
Administrative law, municipal law and information security
Reference:
Rozhkova D.D.
Jurisdiction in administrative cases on recognition of information posted on the Internet prohibited for distribution in the Russian Federation as an Institution of administrative procedure law
// NB: Administrative Law and Administration Practice.
2020. ¹ 3.
P. 35-43.
DOI: 10.7256/2306-9945.2020.3.33835 URL: https://en.nbpublish.com/library_read_article.php?id=33835
Abstract:
This article analyzes peculiarities of jurisdiction on recognition information posted on the Internet prohibited for distribution in the Russian Federation, which is a relatively new institution of administrative procedure law. The subject of this research is the norms established in the Chapter 27.1 of the Code of Administrative Legal Proceedings of the Russian Federation, which form an autonomous institution of administrative procedure law of the Russian Federation. The provisions of this chapter are serve as the foundation for settling public law disputes emerging as a result of posting information on the Internet resources. The main conclusion consists in the statement that the concept of “information prohibited for distribution on the territory of the Russian Federation” needs to be amended, since the current legislation contains not only the rules that define information posted on the Internet. The author also underlines the need for introducing into the text of Administrative Procedure Code of pretrial procedure of consideration of administrative cases. The article substantiates that court procedure on recognition of information prohibited for distribution should be transparent and thoroughly regulated. At the same time, the case law confirms that legal process of recognition of information posted on the Internet prohibited for distribution in the Russian Federation is not flawless.
Keywords:
jurisdiction, administrative code, statement of claim, information, the state, safety, administrative process, public dispute, court, judicial control