Reference:
Kleimenova A.N., Mishin K.D..
Analysis of judicial practice in cases of administrative offenses detected during customs control after the release of goods
// Administrative and municipal law.
2024. № 5.
P. 50-62.
DOI: 10.7256/2454-0595.2024.5.70586 EDN: ERZUEA URL: https://en.nbpublish.com/library_read_article.php?id=70586
Abstract:
The subject of the study is judicial practice in cases of administrative offenses in the field of customs, detected during customs control after the release of goods. The relevance of the research topic is due to a decrease in the verification actions carried out by customs authorities at the stage of declaring goods, as well as the general trend to simplify and accelerate the process of moving goods across the customs border of the Eurasian Economic Union. The liberalization of customs policy leads to an increased risk of violations of the customs legislation of the EAEU and the legislation of the Russian Federation on customs regulation, as well as an increase in the role of customs control after the release of goods in the customs administration system. In the process of monitoring after the release, a large number of facts of violation of customs legislation are revealed annually, cases of administrative offenses are initiated accordingly, additional customs payments are charged to the budget of the Russian Federation. At the same time, in parallel, there is an extensive judicial practice on appeal by participants of foreign economic activity against these decisions. When writing a scientific paper, the following methods were used: logical method (when presenting the material of a scientific article); method of system-structural analysis (when studying concepts related to the implementation of customs control after the release of goods); comparative legal method; statistical method, etc. Based on the analysis of judicial practice, it was found that the most frequent subjects of appeal are decisions of customs authorities: on changing the classification code of goods; on adjusting the customs value, as well as improper application by customs authorities of substantive law, violation of procedural legislation. In turn, the most common cases of unreliable declaration of goods are the following illegal acts: incorrect determination of the customs value of goods aimed at underestimating the amount of customs duties payable, in particular: incorrect inclusion in the structure of the customs value of the costs of transporting goods; not including in the structure of the customs value of additional charges in the form of licensing and other similar payments for use of intellectual property objects; provision of invalid documents containing information on the customs value of goods; indication of the HS code that does not correspond to the transported goods, which has a lower customs duty rate.
Keywords:
customs value adjustment, customs payments, customs value, false declaration of goods, customs control, customs verification, administrative offense, administrative responsibility, customs law, composition of an administrative offense
Reference:
Chagina E.M., Lubyannikova A.S..
Evolution of legislation on administrative liability for violation of consumer rights
// Administrative and municipal law.
2024. № 4.
P. 1-15.
DOI: 10.7256/2454-0595.2024.4.71588 EDN: RLSAKP URL: https://en.nbpublish.com/library_read_article.php?id=71588
Abstract:
Comprehensive protection and protection of consumer rights is impossible only through private legal remedies. In this regard, administrative liability for violation of consumer rights plays an important role in ensuring an adequate level of protection of citizens' rights guaranteed to them by the Law on Consumer Protection. The current Administrative Code of the Russian Federation contains a number of provisions that establish administrative liability for violation of consumer rights. However, these norms could not remain unchanged since the adoption of the Code in 2001, and have undergone a serious evolution over the past more than twenty years. In this paper, the authors investigate the process of improving the provisions of the Administrative Code of the Russian Federation on administrative liability for violations in the field of consumer protection. The methodological basis of the research consists of both general methods (analysis, synthesis, logical method, etc.) and special methods of cognition (for example, the method of analysis and interpretation of normative legal acts). For the first time, the paper attempts a comprehensive study of the process of improving legislation on administrative liability for violation of consumer rights, analyzes the prerequisites for such changes, trends in judicial practice. As a result of the study, the authors substantiate the conclusion that the development of norms establishing administrative liability for violation of consumer rights is inextricably linked with the improvement of civil law regulation of relevant legal relations. It should also be noted that in recent years, the strengthening of regional integration within the Eurasian Economic Union has had a serious impact on this process, expressed in the adoption by the Board of the Eurasian Economic Commission of advisory acts setting guidelines for the harmonization and improvement of legislation of the EAEU member states in the field of consumer protection and protection.
Keywords:
consumer rights protection, consumers, consumer rights, composition of administrative offence, administrative offence, Eurasian Economic Union, administrative liability, administrative law, legislation, judicial practice
Reference:
Vodianaia M., Lyashuk A.V..
Theoretical Understanding and Practical Implementation of Administrative Responsibility for Beatings
// Administrative and municipal law.
2023. № 6.
P. 50-62.
DOI: 10.7256/2454-0595.2023.6.39697 EDN: MOSCSM URL: https://en.nbpublish.com/library_read_article.php?id=39697
Abstract:
The object of the study is social relations related to the protection of physical health and mental, moral and moral well-being of the individual. The subject of the study are the norms of administrative and criminal legislation establishing responsibility for beatings, materials of law enforcement practice of internal affairs bodies and the activities of courts of general jurisdiction in cases of this category. The authors consider in detail the features of objective signs of the legal composition of an administrative offense provided for in Article 6.1.1. of the Administrative Code of the Russian Federation. Modern approaches to understanding the physical and psychological security of the individual are investigated. Particular attention is paid to the procedure of actions of police officers in identifying, suppressing and documenting torts containing signs of beatings. The work used a set of general scientific methods of cognition (dialectical, systematic approach), as well as private scientific research methods, such as formal legal, statistical and sociological methods. The scientific novelty of the study lies in the concept proposed by the authors to determine the object of such an offense as beatings. Under the object of the considered tort, the authors propose to understand the totality of the legally protected rights of citizens to the psychological and physical integrity of the individual. A special contribution of the authors to the study of the topic is the proposed algorithmization of the actions of law enforcement officers in the course of law enforcement activities in cases of beatings.
Keywords:
object of legal protection, moral suffering, beating, personal integrity, action algorithm, administrative responsibility, police, human rights, law enforcement, physical pain
Reference:
Kleimenova A.N..
Comparative legal analysis of administrative responsibility in the field of customs in the Eurasian Economic Union
// Administrative and municipal law.
2023. № 4.
P. 80-88.
DOI: 10.7256/2454-0595.2023.4.43605 EDN: VTUSGY URL: https://en.nbpublish.com/library_read_article.php?id=43605
Abstract:
The subject of the study is the legislation of the EAEU member states on administrative offenses in the field of customs. A comparative analysis of the norms on administrative responsibility for non-declaration of goods operating in the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic is carried out. The comparison of the list of administrative offenses in the field of customs affairs provided for by the national legislation of the Russian Federation and the Kyrgyz Republic was carried out. The relevance of the research topic is due to the fact that unified customs regulation is carried out on the territory of the EAEU, but administrative responsibility for violation of customs regulations is regulated by the national legislations of the EAEU members. At the same time, the sanctions and the list of compositions in each state differ significantly. The disproportionality of administrative penalties provided for by the administrative legislations of the EAEU member states has been established, and the need for unification of the composition of administrative offenses in the field of customs affairs, i.e. the establishment of a general list of articles providing for administrative liability for violation of customs rules, has also been identified. The importance of legal regulation of administrative responsibility in the field of customs in the EAEU states is underestimated, despite the fact that the institute of administrative responsibility is an effective tool for ensuring compliance with the customs legislation of the EAEU and national legislation on customs regulation. The directions of unification of legislation on administrative responsibility in the field of customs affairs in the EAEU states are formulated.
Keywords:
customs business, administrative offences, fine, statute of limitations, subjects of administrative responsibility, non-declaration of goods, administrative penalties, unification of legislation, Eurasian Economic Union, administrative responsibility
Reference:
Shkiperov A.A., Kleimenova A.N..
Administrative responsibility as a factor of innovative development in Customs
// Administrative and municipal law.
2023. № 2.
P. 68-78.
DOI: 10.7256/2454-0595.2023.2.39762 EDN: PVXQFA URL: https://en.nbpublish.com/library_read_article.php?id=39762
Abstract:
The article is devoted to the study of the influence of the institute of administrative responsibility on the innovative development of customs administration and digitalization of public governance. Automation of customs operations, categorization of participants in foreign economic activity, selection of objects and forms of customs control using software tools are directly related to administrative responsibility in the field of customs. Conclusions are formulated concerning the need to stimulate innovative development of the commercial side of the customs sphere, as well as the need to ensure the effectiveness of the use of automated systems, minimize potential risks, develop a legal regulation mechanism that excludes bringing to administrative responsibility of foreign trade participants for illegal acts that are not guilty, but arose as a result of errors or technical malfunctions of automated systems. The subject of the research in this article is therefore the influence of the institute of administrative responsibility on the innovative development of customs administration and foreign economic activity. The research methods were: analysis, synthesis, generalization, comparison and analogy, induction and deduction, universal dialectical, logical, statistical, formal legal research methods, the method of legal forecasting, etc. Based on the results of the scientific research, the authors substantiate the need to revise the place and role of the institute of administrative responsibility in the field of customs relations, and also formulate proposals for improving this institute in order to ensure accelerated and balanced innovative development of both customs administration and foreign economic activity
Keywords:
customs control, administrative offences, foreign economic activity, customs operations, customs authorities, customs business, digitalization public governance, customs legal relations, innovative development, automated systems
Reference:
Balekina V.M..
Administrative and Legal Restrictions on the Right to Disseminate Information in the Context of Constitutional Values of Legal Freedom and State Security
// Administrative and municipal law.
2023. № 1.
P. 9-18.
DOI: 10.7256/2454-0595.2023.1.39713 EDN: FHCBUO URL: https://en.nbpublish.com/library_read_article.php?id=39713
Abstract:
The article deals with the problems of establishing administrative legal restrictions on the right to disseminate information in the context of such constitutional values as legal freedom of law and state security. The purpose of the study was to assess the institution of administrative responsibility for violating the order of dissemination of information from the point of view of these constitutional values. The subject of the study was legal relations in the field of implementation of administrative responsibility for violation of the order of dissemination of information, and the object of the study was legal doctrine, legal norms and judicial practice. In order to achieve the research goal in conjunction with general scientific and special scientific methods (analysis, synthesis, formal legal, interpretation of law), the author applied an axiological approach to the phenomena under study. The scientific novelty of this study lies in the fact that the problem of restricting the right to free dissemination of information through administrative liability mechanisms is considered through the prism of not only its possible restrictions for the security of the state, but also in the context of the correlation of freedom of information dissemination and state security, as the most important constitutional values. The author formulates the following conclusions. The establishment of administrative responsibility in the Administrative Code of the Russian Federation for violation of the order of dissemination of information is necessary to ensure state security. However, the implementation of the mechanism of the studied type of administrative responsibility should be carried out in a balanced manner, taking into account both the interests of ensuring state security and ensuring legal guarantees of the constitutional right of everyone to freely disseminate information.
Keywords:
dissemination of information, the composition of an administrative offense, constitutional values, state security, restriction of rights, administrative offense, freedom of information dissemination, legal freedom, administrative responsibility, freedom of speech
Reference:
Yurkova O.A..
Theoretical Foundations of Bringing MFC Employees to Administrative Responsibility: Problems and Solutions
// Administrative and municipal law.
2022. № 4.
P. 1-11.
DOI: 10.7256/2454-0595.2022.4.38884 EDN: CLRJSM URL: https://en.nbpublish.com/library_read_article.php?id=38884
Abstract:
The object of the study is public relations regulating the issues of bringing to administrative responsibility employees of 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 legal regulation of the administrative responsibility of MFC employees. The purpose of the study is to identify the problems of administrative responsibility of MFC employees and to find ways to resolve them legally. The research used scientific-theoretical, scientific-practical, comparative-legal research method, method of comparative-legal analysis, method of legal interpretation, logical and formal-logical research method, objective methods of analysis, etc. The relevance of the topic under consideration lies in the fact that given the huge demand for MFC services in the country (up to 96% of the population coverage), the need for legal regulation of personal data protection, as well as other violations of the procedure for providing state and municipal services, sharply increases. The uncertainty of the legal status of MFC employees is a factor that prevents the legal determination of their responsibility within the framework of the law. The novelty of the study lies in the fact that current scientific research on similar topics has been analyzed, as well as in a new approach to the issue of administrative responsibility from the point of view of the special legal personality of an MFC employee. According to the results of the study, it was found that the legislation on administrative responsibility of MFC employees contains legal conflicts that prevent the appointment of a fair punishment to the subject due to the fact that within the same norm, the same punishment is imposed on subjects who take far from equal participation in the provision of state or municipal services.
Keywords:
official, offense, personal data, public service, legal status, administrative responsibility, employee, legal personality, multifunctional center, MFC
Reference:
Chernyshenko I.G., Kiselev A.S..
Comparative legal analysis of the institution of administrative punishment in the current Code of Administrative Offences and in the Draft of the new Code of Administrative Offences
// Administrative and municipal law.
2022. № 3.
P. 69-80.
DOI: 10.7256/2454-0595.2022.3.37709 EDN: TBIXXB URL: https://en.nbpublish.com/library_read_article.php?id=37709
Abstract:
In connection with the completion of the development of the new Code of Administrative Offenses, it becomes obvious a change in the approach, including to the application of administrative punishment. The objects of research in this article are: the system of administrative penalties (their types and sizes) and the procedure for the application of administrative punishment in accordance with the draft new Code of Administrative Offenses. The author pays special attention to the change in the approach to the application of administrative penalties in terms of the transformation of the characteristics of administrative measures of responsibility and the legal technique of the presentation of administrative and legal norms governing the institution of administrative punishment. Also, the special subjects of the research of the topic were the categorization of administrative offenses into coarse and coarse and the formulation of a definition to the concept of a homogeneous administrative offense. The main conclusions of the study are: highlighting the relevance of the adoption of the draft new Administrative Code in terms of regulating the institution of administrative punishment, substantiating the legal fate of the adoption of such a project, otherwise determining the consequences of its non-acceptance, for example, destabilizing the legal regulation of the institution of administrative punishment and maintaining the priority of the punitive function of administrative punishment over the preventive. The novelty of the study lies in the fact that the author has formed a full-fledged commentary on the presentation of the institute of administrative punishment in the draft of the new Administrative Code: the essence of the changes, the target orientation of their introduction. This article summarizes the current problems associated with the imposition of administrative punishment, indicates the different opinions of legal scholars on this issue and provides the author's vision for making each change to the system of administrative penalties.
Keywords:
temporary prohibition of activity, prevention, project, administrative legislation, measure of responsibility, punishment, administrative offense, Administrative Code of the Russian Federation, administrative suspension of activity, administrative fine
Reference:
Savichev A..
Improvement of legislation on administrative offenses for breach of legislation of the Russian Federation on tourism activity
// Administrative and municipal law.
2021. № 5.
P. 1-8.
DOI: 10.7256/2454-0595.2021.5.36083 URL: https://en.nbpublish.com/library_read_article.php?id=36083
Abstract:
The object of this research is the content of the Article 14.51 of the Code of the Russian Federation on Administrative Offences, which establishes administrative responsibility for breach of legislation of the Russian Federation on tourism activity. The subject of this research is the case law on administrative offenses set by the Article 14.51, normative legal acts, as well as scientific articles in periodicals. The activity of the Federal Agency for Tourism on identification of administrative offenses set by the Article 14.51 of the Code of the Russian Federation on Administrative Offences is exposed to critical assessment. The author indicates the declarative nature of the legal norms that stipulate the responsibility of tour operators and travel agents, as the terms of sale contracts for tourism product, to provide the tourist and (or) other customer with accurate information on the risks that the tourist may face during their trip, since there is currently no administrative responsibility for failure to provide such information. Based on the acquired results, the recommendations are formulated for the improvement of legislation on administrative offenses for breach of legislation on tourism activity: delegation of authority to initiate cases of administrative offenses set by the Article 14.51 (Paragraphs 1, 3, and 4) of the Code on Administrative Offences of the Russian Federation to the Federal Service for the Oversight of Consumer Protection and Welfare; establish the composition of administrative offenses in the Article 14.51 of the Code of the Russian Federation on Administrative Offences related to improper fulfillment of responsibilities by tour operators and travel agents on providing tourists with the information about risks they may face during their trip.
Keywords:
Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing, Federal Agency for Tourism, case material, administrative offenses, administrative liability, tourist activity, tourism, tourism safety, informing tourists, tour operator
Reference:
Firsov M.V..
Legal responsibility of the heads of territorial branches of federal executive authorities
// Administrative and municipal law.
2021. № 1.
P. 63-79.
DOI: 10.7256/2454-0595.2021.1.33615 URL: https://en.nbpublish.com/library_read_article.php?id=33615
Abstract:
This article is a response to the request of the government, society, and business for improving efficiency of the work of territorial branches of federal executive authorities and the quality of the services rendered, which are particularly associated with the formation of transparent and clear mechanisms that meet modern requirements, as well as the creation of the fundamentally new level of development of territorial branches of federal executive authorities aimed at improvement of the entire system of executive branch. The goal of this work lies in the analysis of existing legal practice and outlining the ways for improving the autonomous institutions of legal responsibility. Leaning on the analysis of law enforcement practice of bringing to responsibility of the heads of territorial branches of federal executive authorities, the author explores the legislative gaps that lead to imbalance of sanctions for committing offences, and offers measures on elimination of such gaps. Based on examination of the institution of disciplinary responsibility, which is considered as a mechanism for deterring and preventing more serious offences, the author makes recommendations on formation of a single information field for interaction of oversight bodies and personnel department of the federal executive authorities. This article is the first stage of extensive work on elaboration of measures aimed at improving efficiency of the territorial branches of the federal executive authorities.
Keywords:
territorial departments, legal regulation, sanctions, civil liability, criminal liability, administrative liability, disciplinary liability, public authority, state civil service, manager's responsibility
Reference:
Shilekhin K.E..
Evidence of administrative violations in the area of taxes and duties
// Administrative and municipal law.
2020. № 1.
P. 46-54.
DOI: 10.7256/2454-0595.2020.1.31844 URL: https://en.nbpublish.com/library_read_article.php?id=31844
Abstract:
The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientific achievements of other human sciences, primarily economics. Methodological framework is comprised of the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of the materials, are used general scientific and special methods of research: induction, deduction and document analysis. The main conclusion of this study consists in the formulation of the definition of administrative violation in the area of taxes and duties. The author develops a new approach towards structuring the system of evidence of such unlawful act, highlighting the essential (conceptual) evidence – public danger, and proposing a mechanism for determining public danger of a particular act.
Keywords:
Costs, Criminal liability, Tax liability, Wrongfulness, Essence of the offense, Налоги и сборы, Social danger, Signs of an offense, Administrative liability, Consequences of the offense
Reference:
Ruban I.A., Ganeev A.R..
Peculiarities of the Expert Work Organized to Increase Objectivity of State Contract Performance Evaluation as Part of the State Program of the Russian Federation 'Foreing Policy'
// Administrative and municipal law.
2018. № 11.
P. 36-43.
DOI: 10.7256/2454-0595.2018.11.26361 URL: https://en.nbpublish.com/library_read_article.php?id=26361
Abstract:
The article is devoted to the description and popularization of the peculiarities of the organization of expert work, which allowed in a short time and at a high level to provide an examination of the reporting documentation, including monitoring the fulfillment of obligations under state contracts concluded by Rossotrudnichestvo as part of the implementation of measures of subprogramm of the State program of the Russian Federation 'Foreign Policy'. The authors of the article focus on such aspects of the topic as the objectivity of the examination, its comprehensive and complex nature; proper execution of government contracts, organizational, methodological and analytical support of the implementation and results of fulfillment of obligations under government contracts. The study was based on the following methods: analysis and synthesis, deduction (induction), mutual evaluation, presentation of the material (problem, contextual) and others. The novelty of the research is caused by the possibility of structurally and algorithmically presenting the sequence, nature and specificity of the examination of the reporting materials in the framework of the project implemented by Verkont Service LLC. As the main conclusion of the study, it can be noted that the involvement of third-party organizations for the examination of reporting materials is a tool to improve the reliability and reliability of the assessment of performance of obligations under government contracts.
Keywords:
obligations, reporting documents, procurement, law, order, objectivity, expert opinion, expertise, state contract, Rossotrudnichestvo
Reference:
Bobrenev V.A..
Challenging the Prosecutor's Caution Against Violation of Law and Bringing Perpetrators to Administrative Responsibility for Non-Performance of the Caution
// Administrative and municipal law.
2018. № 7.
P. 10-14.
DOI: 10.7256/2454-0595.2018.7.27251 URL: https://en.nbpublish.com/library_read_article.php?id=27251
Abstract:
In his research Bobrenev raises a question about challenging the prosecutor's caution against violation of law and bringing perpetrators to administrative responsibility for non-performance of the caution. The author of the research describes the balance between the single viewpoint of prosecutors that the prosecutor's caution does not create legal consequences for an individual who receives the caution, and practical realization of their position in law enforcement practice. The research has covered the provisions of the Federal Law on Public Prosecutor Office of the Russian Federation, legal acts of the General Prosecutor Office, judicial decisions and academic literature on the matter. The methodological basis of the research has involved general research methods such as analysis, synthesis, induction, and formal logic as a special research method. The author of the article concludes that in accordance with scientific achievements and applicable legislation, the practice of challenging the prosecutor's caution and bringing perpetrators to administrative responsibility for non-performance of the caution should be changed. According to the author, in both cases a proceeding cannot be started and if started, such a proceeding should be stopped as it either violates the rights, freedoms and legal interests of an administrative complainant (Clause 3 of Part 1 of Article 128 and Part 3 of Article 194 of the Administrative Procedure Code) or there is no corpus delicti of an administrative offence (Clause 2 of Part 1 of Article 24.5 of the Administrative Procedure Code of the Russian Federation).
Keywords:
administrative proceeding, prosecutorial activities, administrative responsibility, failure to comply with the Prosecutor's requirements, prosecutor, acts of prosecutorial response, caveat, prosecutorial supervision, challenging the caution, prosecutor's office
Reference:
Anisiforova M.V..
Concerning Administrative Responsibility for Drug Trafficking Set Forth by the Law of the Kyrgyz Republic
// Administrative and municipal law.
2018. № 4.
P. 42-46.
DOI: 10.7256/2454-0595.2018.4.26533 URL: https://en.nbpublish.com/library_read_article.php?id=26533
Abstract:
The subject of the research is the social relations that may arise as a result of violation of administrative law in the sphere of trafficking of drugs, psychotropic substances and their precursors in the Kyrgyz Republic. The object of the research is the legal provisions that set forth administrative responsibility for the turnover of prohibitted drugs and substances. In her article Anisiforova analyzes the anti-drug law of the Kyrgyz Republic as well as the Administrative Responsibility Code of the Kyrgyz Republic of 1998. The advantage of the Code is that it sets forth public procedures for treatment of drug addicts. The research is based on specific legal methods such as comparative law and legal statistics method. As a result of analyzing comparative law of Russia and Kyrgyz Republic in the sphere of trafficking of drugs, psychotropic substances and precursors, the author defines positive and negative aspects of administrative law. The author emphasizes the need to carry out an administrative classification of activities in the sphere of prevention of drugs in the Kyrgyz Republic.
Keywords:
administrative legislation of Kyrgystan, illegal drug use, advocacy, drug advertising, KAO KR, anti-drag law in Kyrgystan, drag trafficking, administrative responsibility, counteraction to illegal drug trafficking, drug addicts
Reference:
Kuleshova I.Y..
Problems of effectiveness of administrative responsibility assignment for the violation of advertising regulations
// Administrative and municipal law.
2017. № 3.
P. 41-49.
DOI: 10.7256/2454-0595.2017.3.21381 URL: https://en.nbpublish.com/library_read_article.php?id=21381
Abstract:
The paper studies the legal nature of administrative responsibility of subjects of advertising for the violation of advertising regulations and the problems of its effectiveness in relation to each of the subjects. The author proves the necessity to extend the list of administrative punishments for inappropriate advertising and to tighten responsibility in terms of ensued negative impact on the advertisement consumers. The author offers two ways of the current advertising regulations improvement and harmonization. Such an approach can promote improvement of the quality of legal regulation of social relations in the sphere of advertisements production and dissemination. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to guarantee law and order in the sphere of advertising, it is necessary to optimize the quality of administrative instruments applied to the subjects producing and disseminating inappropriate advertising. The author formulates the new version of the article of the Administrative Offences Code of the Russian Federation establishing responsibility for inappropriate advertising.
Keywords:
advertising consumer, advertising distributor, advertisement, advertising agent, illegal advertising, advertising, administrative fine, administrative suspension of activities, anti-monopoly agency , direction
Reference:
Saidov Z.A..
Administrative responsibility as a means of legality provision in the economic sphere
// Administrative and municipal law.
2017. № 2.
P. 58-69.
DOI: 10.7256/2454-0595.2017.2.20862 URL: https://en.nbpublish.com/library_read_article.php?id=20862
Abstract:
The article focuses on legal and organizational problems of realization of administrative responsibility in the economic sphere as a means of legality provision. The author analyzes legality from the position of administrative responsibility implementation as a means of its provision. The article demonstrates the author’s positions on the concept of administrative responsibility in the economic sphere. Special attention is given to the development of the mechanism of administrative responsibility realization in the economic sphere. Besides, the author carries out theoretical and legal analysis of the content of administrative responsibility from the position of legality provision. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessment, etc.). The author concludes that at the present time, in order to ensure law and order in the economic sphere, it is necessary to improve the administrative regulation mechanism as a whole, and the means of administrative responsibility. The author states the necessity to further decriminalize economic offences. The scientific novelty consists in the development of the administrative responsibility theory in relation to the economic sphere.
Keywords:
impact, means, rule of law, legality, coercion, punishment, responsibility, economics, sanction, decriminalization
Reference:
Anisiforova M.V..
Administrative responsibility for drug trafficking laws violation in the Republic of Kazakhstan
// Administrative and municipal law.
2017. № 2.
P. 70-75.
DOI: 10.7256/2454-0595.2017.2.21627 URL: https://en.nbpublish.com/library_read_article.php?id=21627
Abstract:
The research object is the set of legal norms establishing administrative responsibility for drug trafficking laws violation in the Republic of Kazakhstan. The research object is the range of administrative responsibility norms connected with narcotic substances, psychotropic substances, and their precursors. The author considers the fundamental Federal Law of the Republic of Kazakhstan on drugs and the key instrument, establishing administrative responsibility in the Republic of Kazakhstan, that is the 2014 Administrative Offences Code of the Republic of Kazakhstan. The research is based on the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan in the sphere of drug trafficking. The author offers eliminating the differences between the legislation of Russia and the Republic of Kazakhstan in qualifying the actions, covered by administrative law in Russia, and by criminal law – in Kazakhstan. Thus, it is necessary to accept the positive aspects of the legislation of Russia and the Republic of Kazakhstan.
Keywords:
drug addiction, psychoactive plants growing, administrative fine, drug abuse, psychotropic substances, narcotic substances, Collective Security Treaty Organization countries, law of the Republic of Kazakhstan , illegal drug trafficking, administrative responsibility
Reference:
Anisiforova M.V..
Administrative measures of the struggle against drug addiction
// Administrative and municipal law.
2017. № 1.
P. 51-56.
DOI: 10.7256/2454-0595.2017.1.21626 URL: https://en.nbpublish.com/library_read_article.php?id=21626
Abstract:
The research subject is legal provisions regulating the sphere of drug abuse. The research object is social relations in the sphere of illegal use of narcotic and psychotropic substances and their precursors. The author considers the problems of legal regulation of abuse of drugs, psychotropic substances and their precursors. Special attention is given to the struggle for the reduction of offences specified in the article 6.9 of the Code of Administrative Offences of the Russian Federation and to the study of foreign experience of organization of government influence on drug abuse. The research is based on special methods of jurisprudence including the comparative-legal method, legal statistics and psychology. The author reveals the necessity to develop the mechanisms of encouraging the users of drugs, psychotropic substances and their precursors to treatment, prophylaxis and rehabilitation. Thus, the government should regulate the procedure of organization of such help for drug addicts and introduce the public guarantees system.
Keywords:
guarantees for drug users, administrative responsibility, psychoactive substances , drug users resocialization , drug users rehabilitation , drug abuse, psychotropic substances, narcotic substances, drug use, drug abuse as a social problem
Reference:
Korepina A.V..
Legal mechanisms of mitigation of administrative responsibility for anticompetitive agreements
// Administrative and municipal law.
2016. № 12.
P. 987-994.
DOI: 10.7256/2454-0595.2016.12.68524 URL: https://en.nbpublish.com/library_read_article.php?id=68524
Abstract:
The general tendency of the punitive policy formation in administrative responsibility legislation has influenced all the spheres of public management. The most serious administrative sanctions are established in the antimonopoly sphere, particularly for anticompetitive agreements. The Administrative Offences Code of the Russian Federation doesn’t differentiate them according to business entities, and it has a negative impact on the development of small and medium entrepreneurship in the Russian Federation. The author analyzes the introduced general and specific legal mechanisms of humanization of administrative responsibility and the problems of their practical realization. The research subject includes administrative norms regulating social relations in the sphere of imposition and implementation of administrative responsibility for anticompetitive agreements and realization of legal mechanisms of mitigation of legal responsibility and release from responsibility. The research object includes the article 14.32 of the Administrative Offences Code of the Russian Federation and the articles, establishing general and special legal instruments of mitigation of responsibility and release from responsibility for anticompetitive agreements, the judicial practice in the sphere of application of the Code’s provisions, related to the imposition and mitigation of administrative responsibility for anticompetitive agreements. The article is based on general scientific (analysis, synthesis, the system-structural, formal-logical and other methods) and special scientific methods of cognition (logical and legal, comparative-legal the method of legal hermeneutics (interpretation) and descriptive method). The author comes to the following conclusions:
- The influence of the general tendency of administrative-punitive state policy is observed in the sphere of imposition of administrative responsibility for anticompetitive agreements;
- The administrative sanctions for anticompetitive agreements, provided by the article 14.32. of the Administrative Offences Code of the Russian Federation, are very serious; the Administrative Offences Code doesn’t differentiate them according to business entities and it has a negative impact on the development of small and medium entrepreneurship in the Russian Federation;
- The legislation provides for general and specific mechanisms, aimed at the mitigation of administrative responsibility and release from it for anticompetitive agreements, but the practical implementation of some of them is quite problematic;
- The introduction of more flexible criteria, helping take into account the property and financial status of various business entities, brought to administrative responsibility, seems to be reasonable;
- In order to improve the legislation in this sphere and provide the uniformity of application of juridical terminology, the author proposes to insert the term “cartel” not only in the comment, but also in the disposition of the article 14.32. of the Administrative Offences Code; to differentiate the volume of sanctions depending on the category of business entities.
Keywords:
differentiation of sanctions, legal mechanisms, administrative offence, humanization, administrative responsibility, anticompetitive agreement, cartel, judicial practice, competition, economic security
Reference:
Dvortsov V.E..
Administrative responsibility of a cadastral engineer: the correlation of legislation and judicial practice
// Administrative and municipal law.
2016. № 12.
P. 995-1001.
DOI: 10.7256/2454-0595.2016.12.68525 URL: https://en.nbpublish.com/library_read_article.php?id=68525
Abstract:
The research object is the phenomenon of administrative responsibility of a cadastral engineer for plotting of the knowingly false information on a delimitation or technical plan, or its inclusion in the inspection report, land delimitation project or a survey map, or for the forgery of records, which these documents are based on, on condition that these actions don’t contain a criminal offence. This phenomenon is rather disputable in legal science and practice. The research subject is administrative responsibility of a cadastral engineer for the abovementioned deeds and the judicial practice of its implementation. The research methodology is based on the analytical, comparative and system methods of scientific cognition. The study is based on the fundamental statutory acts of contemporary Russia and judicial practice. This research is the first and the only complex study of the responsibility of a cadastral engineer, considering the recent changes of administrative legislation and judicial practice. The topicality of the problem is determined by the fact that the lawsuits against the offences of a cadastral engineer face difficulties in the judicial practice due to the blanket character of the part 4, article 14.45. of the Administrative Offences Code of the Russian Federation, providing administrative responsibility for such actions. The author assesses the effectiveness of the established administrative responsibility of cadastral engineers, analyzes the mistakes of its enforcement and offers the ways to manage the situation.
Keywords:
Real estate, Knowingly false information, Cadastral engineer, Cadastral activities, Judicial practice, Administrative Offences Code, Administrative Responsibility, Forgery of documents, Punishment, Damage
Reference:
Kanunnikova N.G..
Theoretical aspects of defining the set of elements of an administrative offence
// Administrative and municipal law.
2016. № 11.
P. 910-912.
DOI: 10.7256/2454-0595.2016.11.68321 URL: https://en.nbpublish.com/library_read_article.php?id=68321
Abstract:
The article considers some issues of theoretical views on certain definitions of the set of elements of an administrative offence; demonstrates the characteristic of various approaches of scholars, dealing with the problems of administrative tort law. The topicality of this issue is conditioned by the importance of this legal institution, since it promotes the correct qualification of the deed and the effective application of administrative punishment, improves the legal culture of the population. The research object is social relations, regulating the administrative responsibility institution; the research subject is the theoretical approaches to the definition of the set of elements of an administrative offence as a basis for administrative responsibility. Based on the provisions of the general dialectical method, and using the system, structural-functional, analytical and comparative methods, the author offers her own interpretation of the definition of the set of elements of an administrative offence. The author suggests to understand the set of elements of an administrative offence as the set of legal features, which help characterize the deed, the circumstances, the damage, the person who had committed the offence, and the relation of this person to the committed deed.
Keywords:
damage, administrative punishment, administrative jurisdiction, legislation, features, legal analysis, notion, composition, administrative law, administrative offence
Reference:
Sergeeva E.V..
The procedure of consideration of cases on administrative offences during the departmental control in the sphere of government defence order
// Administrative and municipal law.
2016. № 9.
P. 784-790.
DOI: 10.7256/2454-0595.2016.9.68121 URL: https://en.nbpublish.com/library_read_article.php?id=68121
Abstract:
The research subject is the procedure of consideration of cases on administrative offences during the departmental control in the sphere of government defence order (GDO) and the issues of administrative responsibility. The administrative responsibility in the sphere of GDO consists in the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code. The Federal Law of 05.04.2013 No 44 “On the contract based system of state procurement of goods, services and works”, article 3, defines the main concepts used in the sphere of government defence order. Particularly, the concept of “supervisory body in the sphere of state procurement” means the federal executive body, municipal local authority, local authority of a city district, authorized to carry out supervision over procurement, and the federal executive body authorized to carry out supervisory functions in the sphere of government defence order and state procurement of goods, services and works which are not connected with the government defence order and the information about which is classified”. The supervision function consists in the constant regular supervision of special government bodies over the work of bodies and persons, not subordinate to them, for the purpose of detecting legality infringements. The subject of regulation of departmental control is the inspection of observance of the legislation in the sphere of GDO by public procurement authorities, leading executives, executives, federal executive bodies and other entities and officials endowed with such powers. In case of detection of the signs of violation of the Federal Law “On government defence order” No 275, the supervisory authority initiates and considers the cases on the infringement of the legislation in the sphere of GDO. The proceedings are initiated according to the standard procedure established by the legislation of the Russian Federation. The research methodology is based on dialectical materialism and the set of general and special research methods, including the formal-logical, system, the method of comparative jurisprudence, etc. The article considers the issues of administrative regulation of the procedure of consideration of administrative cases in the sphere of government defence order. The author analyzes the peculiarities of consideration of such cases and the issues of departmental control. The author offers the definition of administrative responsibility in the sphere of government defence order as the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code, the concepts of departmental control and supervisory body.
Keywords:
initiation of proceedings, procurement, term, direction, supervision, commission, executive bodies, municipal needs, administrative responsibility, Administrative Offences Code
Reference:
Agapov A.B..
The correlation of public and civilized forms of guilt
// Administrative and municipal law.
2016. № 9.
P. 791-798.
DOI: 10.7256/2454-0595.2016.9.68122 URL: https://en.nbpublish.com/library_read_article.php?id=68122
Abstract:
The article substantiates the specific rules of guilt qualification in the cases of infliction of harm according to civilized and administrative legislation. Unlike public delictual relations, the qualification of a guilty civilized offence doesn’t comply with the assumption of innocence attributes, and especially with the imposition of the burden of evidence on public officials. The qualification of a guilty act of a person in relation to civilized delicts and administrative offences is connected with detecting the psychological criteria of guilt in the form of a guilty intent or negligence, but, unlike the administrative responsibility cases, there are no definitions of a guilty intent or negligence. The author concludes that the qualification of a negligent act with the signs of “gross carelessness” in relation to civilized responsibility is widely spread. It is noticeable in comparison with administrative responsibility which doesn’t individuate the forms of negligence, unlike criminal responsibility characterized by the formalization of attributes of negligence. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research. The author proves that the presumption of objective imputation of delict is a specific phenomenon typical only for civilized responsibility. Besides, the author substantiates the conclusion about the identity of subjective criteria of corporate guilt, established by the Civil Code and the Administrative Offences Code, and the legally important circumstances of force majeure, extreme necessity and necessary defence. A civil sanction, unlike a public one, is not a punishment and doesn’t have preventive purposes.
Keywords:
responsibility, punishment, sanction, private, public, correlation, offence, delict, right, law
Reference:
Kulakov N.A..
Harmonization of civil legislation and administrative liability legislation in the sphere of copyright and related rights protection
// Administrative and municipal law.
2016. № 7.
P. 576-579.
DOI: 10.7256/2454-0595.2016.7.67947 URL: https://en.nbpublish.com/library_read_article.php?id=67947
Abstract:
The paper is devoted to the study of the problems of administrative liability in the sphere of copyright and related rights protection, whose legal grounds are characterized by a certain internal inconsistence and need correction. The research subject is the set of general statutory instruments regulating the issues of copyright and related rights protection in the Russian Federation. The purpose of the research is the comparative-legal analysis of the provision of civil and administrative legislation in the mentioned sphere, and the development of the proposals about harmonization of the mentioned provisions. The research methodology is based on the dialectical method of scientific cognition, the formal-logical, comparative-legal, system and functional and other specific research methods. The author concludes that the provision about administrative liability in the sphere of copyright and related rights protection needs harmonization with civil legislation. The author formulates the proposals about introducing changes in administrative liability legislation which, in the author’s opinion, will promote improvement of the effectiveness of copyright and related rights administrative protection.
Keywords:
sound record, copies of works, information, related rights, copyright, exclusive rights, intellectual property rights, intellectual property, administrative liability, administrative coercion
Reference:
Dobrobaba M.B..
Service delictness: A concept and a meaning for disciplinary policy formation within the system of public service of the Russian Federation
// Administrative and municipal law.
2016. № 4.
P. 299-304.
DOI: 10.7256/2454-0595.2016.4.67627 URL: https://en.nbpublish.com/library_read_article.php?id=67627
Abstract:
The research object is the institution of disciplinary liability of public officers of the Russian Federation and the related category “service delictness”, which, in spite of its theoretical and practical importance for the public service system improvement, hasn’t been sufficiently justified and studied within the framework of the legal science. The research subject is legal regulation of the system of public administration and public service in the Russian Federation, and the statistical data serving as a basis for the conclusion about the growth of service delictness within the system of public service, thus conditioning the need for the use of a system and a balanced approach when developing and implementing the concept of disciplinary policy in public administration, which is the direction of public service development. The research methodology is based on the dialectical principles of the system approach to the analysis of processes and phenomena and the universal linkage and development. On the base of the study the author substantiates the necessity to form the concept of a common disciplinary policy within the public service system of the Russian Federation, defines the system approaches to its implementation, reveals the essence of the scientific category “service delictness”, establishes the link between service delictness and disciplinary policy within the public service system of the Russian Federation.
Keywords:
public administration, public service, disciplinary liability, legal policy, disciplinary policy, administrative delictness, service delictness, service and disciplinary delicts, disciplinary sanction, service legal relations
Reference:
Egupov V.A..
Administrative liability for the citizens of the Russian Federation residing without a registration
// Administrative and municipal law.
2016. № 4.
P. 305-310.
DOI: 10.7256/2454-0595.2016.4.67628 URL: https://en.nbpublish.com/library_read_article.php?id=67628
Abstract:
The research object is the range of social relations in the sphere of residence registration of the citizens of the Russian Federation and administrative liability for the absence of the residence registration in the living accommodation. The research subject covers the provisions of the article 19.15.1 of the Code of Administrative Offences of the Russian Federation, and the provisions of the Constitution of the Russian Federation and the Federal Law of 25 June 1993 № 5242-1 (version of 31 December 2014) “On the right of citizens of the Russian Federation to the freedom of movement and residence within the territory of the Russian Federation”. The leading research method is the dialectical approach together with the critical vision of the gaps and the drawbacks of the legislation in the sphere of registration, and the liability for its violation. The author offers to limit administrative liability for residing without a registration, and to impose it only on the potentially dangerous citizens of the Russian Federation. The residence registration and the liability for its absence should be abolished for law-abiding citizens. The necessity to have a residence registration for law-abiding citizens hampers the implementation of the right to the freedom of movement and residence. The residence registration should be obligatory for the citizens having a criminal record for intentional crimes, having asocial way of life, registered in narcological or psychoneurologic dispensaries, or other socially dangerous persons.
Keywords:
registration, registration, living accomodation, residence, administrative offence, administrative liability, in-migration, object, objective side, subjective side
Reference:
Trofimova G.A..
Constitutional responsibility of local government bodies and officials: problems of theory and legal regulation
// Administrative and municipal law.
2016. № 3.
P. 223-233.
DOI: 10.7256/2454-0595.2016.3.67520 URL: https://en.nbpublish.com/library_read_article.php?id=67520
Abstract:
Local government bodies and officials are the lower tiers within the state system; their responsibility for their activities is a direct and real guarantee of a proper performance of obligations. Constitutional responsibility is one of the forms of responsibility which can be applied to these subjects. Both the level of independence of local governments, and the possibility of imposition of liability on local government bodies and officials depend on the legal regulation of this form of responsibility. The research is aimed at the analysis of the general provisions of constitutional responsibility of local government bodies and officials. The author applies general scientific and specific legal methods of cognition, including the logical, technical, comparative, and system methods. The author defines the correlation of the concepts “responsibility of local government bodies and officials”, “municipal legal liability”, and “constitutional responsibility”; reveals the problems of defining the content of constitutional offence and considering particular measures as the measures of constitutional responsibility; creates the model of a reasonable differentiation of forms of responsibility within the system of local government.
Keywords:
constitutional responsibility, responsibility of authorities, responsibility of officials, chief of a municipal unit, responsibility of a representative body, municipal legal responsibility, dismissal, responsibility to the citizens, responsibility to the state, independence of local government, constitutional responsibility, responsibility of the authorities, responsibility of officials, the head of the municipality, responsibility of the representative body, municipal liability, dismissal resigned, responsibility to the people, responsibility to the state, local government autonomy
Reference:
Kotlyarov Yu.V..
Administrative liability in the field of technical regulation: urgent questions of law enforcement practice and its improvement
// Administrative and municipal law.
2016. № 2.
P. 149-154.
DOI: 10.7256/2454-0595.2016.2.67411 URL: https://en.nbpublish.com/library_read_article.php?id=67411
Abstract:
The author considers the aspects of administrative liability enforcement in cases of violation of the legislation in the sphere of technical regulation in the Russian Federation, and the ways of its improvement. Special attention is paid to the principles of justice, legal liability individualization, and the proportionality of the punishment to the gravity of the crime when defining the sums of administrative penalties. The author studies the problem of the turnover-based fine application as a means of repeated offences reduction and the economic entities’ honest behavior encouragement. The methodology of the research is based on the dialectical method and the systems approach. The author applies the methods of analysis, generalization, synthesis, and prognostication. The author concludes that it is rather hard to observe the proportionality criteria and to ensure the individualization of the punishment when applying the administrative fine with the lower limit from 100000 rubles. In some cases such a fine is used as an instrument of economic independence suppression. The author offers to apply the differentiated approach in order to define the amount of penalties, imposed on economic entities, and to apply the fine calculated according to the share of the turnover of capital of the company for the certain period, taking into consideration all mitigating and aggravating circumstances, rather than to apply the fixed fine.
Keywords:
liability, measures of state coercion, offence, legislation update, development trends, urgent problems, state control, state supervision, administrative penalty, problem issues
Reference:
Sidorov E.I..
Problems of qualification of administrative offences consisting in non-declaration or false declaration of goods within the Customs Union of the Eurasian Economic Union
// Administrative and municipal law.
2016. № 1.
P. 60-65.
DOI: 10.7256/2454-0595.2016.1.67339 URL: https://en.nbpublish.com/library_read_article.php?id=67339
Abstract:
The article focuses on legal and organizational problems of administrative offences qualification in Russia. The author analyzes the problems of qualification of administrative offences consisting in non-declaration or false declaration of goods. The author studies the legal grounds and the legal composition of the mentioned administrative offences, their forms and specificities of qualification by the officials of customs agencies, the order of their procedural registration, and the measures of law-enforcement practice improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the customs sphere, it is necessary to improve the procedural forms of administrative-legal sanctions imposition for the violation of legislation on administrative offences. The author states that it is necessary to develop the institution of administrative liability in the customs sphere; he proposes the measures for administrative offences qualification improvement.
Keywords:
identification, non-declaration, offence, sanction, qualification, liability, Declaration, Union, customs, goods
Reference:
Vlasov K.A..
Competition of norms imposing administrative liability for the violation of legislation on banks and banking
// Administrative and municipal law.
2016. № 1.
P. 66-71.
DOI: 10.7256/2454-0595.2016.1.67340 URL: https://en.nbpublish.com/library_read_article.php?id=67340
Abstract:
The article focuses on the scientific knowledge and theoretical ideas about the condition and the ways of further development of social relations, arising in the sphere of imposition of administrative liability of lending agencies for the violation of current legislation on banking, including prudential requirements of the Central Bank of Russia. The author analyzes particular problems, caused by the dualism of sanctions in the Code of Administrative Offences and banking law of the Russian Federation. On the basis of theoretical researches and the practice of the mentioned norms application, the author formulates conclusions and proposals for the revealed problem elimination. The methodology of the research is based on the modern methods of scientific cognition, including the comparative-legal, the system-structural and the formal-legal methods and the systems analysis, the systems approach and other special scientific research methods. The novelty of the research is defined by the very formulation of the problem and the approach to its solving, taking into account that it hasn’t been sufficiently studied. This collision can be solved provided that the clause 1, part 1 of the article 74 of the Federal Law “On the Central Bank…” is excluded, and the article 15.26 of the Code of Administrative Offences is changed according to the author’s proposals.
Keywords:
administrative liability, fine, compulsory standards, banking, Bank of Russia, prudential requirements, banking law, warning, coercion, administrative-legal regulation
Reference:
Meshcheryakova T.R..
Administrative liability for the violation of citizens’ labour rights
// Administrative and municipal law.
2015. № 12.
P. 1249-1253.
DOI: 10.7256/2454-0595.2015.12.67151 URL: https://en.nbpublish.com/library_read_article.php?id=67151
Abstract:
The article considers the peculiarities of administrative offences, infringing the rights of citizens introduced by labour law and social partnership acts. The author pays special attention to the correlation of terminology used in the Labour Code of the Russian Federation and the Code of Administrative offences. Particular attention is paid to time limitations of liability imposition for administrative offences, provided by the articles 5.27 – 5.34 of the Code of Administrative Offences. Considering particular composition of administrative offences, infringing citizens’ labour rights, the author studies the problem aspects of deeds qualification. The methodology of the research is based on the set of methods of scientific cognition, applied on theoretical and empirical levels: the dialectical method, the methods of analysis, synthesis, comparative jurisprudence, the formal-logical and the system-structural methods. The paper offers the ways of the existing legal regulations improvement when imposing administrative liability for the violation of citizens’ labour rights: unification of terms in the Labour Code and the Code of Administrative Offences of the Russian Federation; unification of time limitation of administrative liability imposition for all types of violations of workers’ labour rights.
Keywords:
labour right, subject of liability, administrative liability, time limitation, violation of rules, mental element of crime, continuing crimes, qualification of offences, objective side of offence
Reference:
Bondar' E.O., Shurukhnova D.N..
Administrative liability for insurance legislation breach
// Administrative and municipal law.
2015. № 10.
P. 1039-1043.
DOI: 10.7256/2454-0595.2015.10.66966 URL: https://en.nbpublish.com/library_read_article.php?id=66966
Abstract:
The authors of the article pay special attention to the issues of administrative liability imposition on insurance agencies for the breach of insurance legislation according to clause 3, article 14.1. of the Code of Administrative Offences of the Russian Federation. The authors note that for a long time different approaches to the understanding of breach of license had existed in the judicial practice. The object of the research is the analysis of understanding of breach of license requirements which can lead to the imposition of an administrative fine for the violation of license requirements, or to the recall of a license. Mainly, the authors analyze the administrative-imperative method. Administrative norms determine the code of conduct in the form of categorical directions which can’t be breached, and provide such measures of impact of administrative bodies on other participants of administrative relations as compulsory legal acts, directions and orders, executive actions, administrative coercive measures. The daily administrative-public activities are carried out by means of these measures. Particularly, the settlement of questions of licensing of physical persons and legal entities is carried out by means of issuing of legal acts or by means of executive actions of these bodies. The authors consider the problems of administrative liability imposition on the insurer for the breach of insurance legislation. The authors analyze the judicial practice, particularly, the Decision of the Supreme Court of Arbitration of the Russian Federation No 13004/13 of February 4, 2014 which doesn’t contain the provision about the possibility to revise judicial acts according to new circumstances. The authors note that at present the insurance legislation violation is a breach of license conditions by the insurer. Thus the authors managed to substantiate the refutation of the existing practice of subordinate courts in the part which provides that the breach of the compulsory motor TPL insurance entails civil liability, but not the administrative one. Having analyzed the conclusions of the Presidium of the Supreme Court of Arbitration, the authors suppose that imposition of administrative liability on the insurer for the breach of insurance legislation, provided the correct interpretation by subordinate courts, is of a primary importance.
Keywords:
insurance legislation, administrative liability, licensing requirements, insurance activities, licensed activity, license, licensing, imposition, breach, civil liability
Reference:
Khasnutdinov R.R..
Optimization of the systems approach to legal liability
// Administrative and municipal law.
2015. № 10.
P. 1044-1049.
DOI: 10.7256/2454-0595.2015.10.66967 URL: https://en.nbpublish.com/library_read_article.php?id=66967
Abstract:
By means of the analysis of the systems approach evolution in the form of the “general systems theory”, formed in the 20th century, the author reveals a range of drawbacks, and offers an optimal variant of the systems approach application to subject researches in general, and to legal liability in particular. The functional system method is one of the optimal variants of practical application of the systems approach in subject researches. Within this study it gives the opportunity to formulate the basic concept and structural elements of the system of legal liability. The author applies the general and specific scientific research methods: analysis, synthesis and the systems approach to subject researches. The author comes to the following conclusions: firstly, the systems approach, having passed a long period of evolution, in the 20th century was formed in a theoretical concept called “the general systems theory”. But, due to some drawbacks of Bertalanffy’s general systems theory, mainly, the absence of a backbone factor in his definition, there appear the attempts to solve this problem. Among them the author outlines the concept of a functional system. Secondly, the functional systems method is the most optimal variant of the systems approach practical application in subject researches. Thirdly, the functional systems method has a leading position in the methodology of legal liability research, and allows formulating the basic concept and structural elements of the system of legal liability within subject studies.
Keywords:
legal, method, systems approach, formation, system, concept, functional system, focused, useful result, liability
Reference:
Arkhipov S.V..
Individualization of administrative punishment of legal entities
// Administrative and municipal law.
2015. № 9.
P. 921-924.
DOI: 10.7256/2454-0595.2015.9.66881 URL: https://en.nbpublish.com/library_read_article.php?id=66881
Abstract:
The subject of the research is the range of problems of law-enforcement practice, connected with the possibility of individualization of administrative punishment for legal entities, and the ways of their solution. Since 2007 the policy of administrative responsibility toughening has been consistently realized, resulting in the increase of fines for legal entities. Taking into account that in most cases of administrative offences there are no other forms of punishment for legal entities, and payment by installments or the legal institution of unimportance was not enough for a just and adequate punishment, implementation of some constitutional principles in the ambit of administrative responsibility was not assured. The study applies the comparative-legal research method; the author uses comparison of legal norms (also in their historical development), regulating this sphere of legal relations, law-enforcement practice and scientific literature. The novelty of the research consists in the fact that it is the first study of historical prerequisites and measures of legitimation of the mechanisms of individualization of administrative punishment for legal entities in accordance with constitutional principles of imposition of punishment. The author believes that the study results can be used by other researchers in this sphere.
Keywords:
legal method of regulation, administrative fine, administrative punishment, differentiation, legal entities, individualization of administrative responsibility, administrative responsibility, constitutional guarantees, no alternative to sanctions, law-enforcement practice
Reference:
Khurtin D.O..
Special reasons for exemption of administrative liability for the violation of intellectual property rights
// Administrative and municipal law.
2015. № 9.
P. 925-928.
DOI: 10.7256/2454-0595.2015.9.66882 URL: https://en.nbpublish.com/library_read_article.php?id=66882
Abstract:
Administrative liability for intellectual property rights violation is established in the articles 7.12 and 14.10 of the Code of Administrative Offences of the Russian Federation; it is one of the ways to protect intellectual property rights. The subject of the article is the possibility of exemption of administrative liability for such offences, and the study of the problem of the need for introduction of additional reasons for condonation in such cases. The author uses the methods of analysis, analogy, modeling; the research is also based on the study of legal regulations and law-enforcement practice. The author concludes that it is necessary to amend the articles 7.12 and 14.10 of the Code of Administrative Offences of the Russian Federation with special reasons for exemption of administrative liability for the violation of intellectual property rights in case of indemnification and reconciliation with an aggrieved party.
Keywords:
administrative legislation, administrative liability, exemption of liability, reconciliation with aggrieved party, intellectual property right, patent rights, administrative offence, special reasons, property damage
Reference:
Admiralova I.A..
Administrative-jurisdictional policing in provision of rights and freedoms of citizens
// Administrative and municipal law.
2015. № 8.
P. 798-805.
DOI: 10.7256/2454-0595.2015.8.66798 URL: https://en.nbpublish.com/library_read_article.php?id=66798
Abstract:
The subject of the article is a range of legal and organizational problems of police activity in the sphere of implementation of the legislation on administrative offences. The object of this article includes public relations arising during the exercise of administrative jurisdiction by the police. The author considers the problem of provision of rights and freedoms of citizens in the respective sphere of activity, draws attention to the problems of use of coercive measures against citizens. Special attention is paid to the provision of rights and freedoms of citizens in the police proceedings on administrative offences.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in special sociological research.The author proposes the ways of improvement of organization and implementation of the administrative-jurisdictional policing, especially in the provision of rights and freedoms of citizens. The specific contribution of the author consists in proving of the necessity to suspend the registration of administrative offences automatically, at least while there are technical malfunctions. The novelty of the research consists in the fact that the author proposes to extend the practice of sentencing below the minimum limit, it will meet the principle of humanism.
Keywords:
coercion, control, police, officer, complaint, protocol, stage, process, jurisdiction, responsibility
Reference:
Teryukov E.O..
On some peculiarities of administrative investigation of administrative offences in the sphere of town building
// Administrative and municipal law.
2015. № 8.
P. 806-810.
DOI: 10.7256/2454-0595.2015.8.66799 URL: https://en.nbpublish.com/library_read_article.php?id=66799
Abstract:
The author studies the difficulties of administrative investigation use which, in the author’s opinion, consist in the fact that certain norms of the Federal Law # 294 “On the protection of rights of legal persons and entrepreneurs during state and municipal review” and the Code of Administrative Offences of the Russian Federation are practically equal and cause a certain resemblance of the reasons for organization of an unplanned inspection and administrative investigation causing the preference of one of them depending on the decision of a controlling unit in each particular case. The author uses a complex approach of dialectical materialism, the systems analysis and the normative-legal method. The subject of the research is a normative-legal regulation of administrative investigation in administrative procedure in the sphere of town building. The author supposes that a more precise legislative decision about delimitation of the procedures of an unplanned inspection and administrative investigation could promote the optimization of legal regulation of supervisory activity, strengthening of law and order and decrease of corruption in the activities of controlling units.
Keywords:
administrative investigation, unplanned inspection, administrative liability, town building, offences in the sphere of town building, Administrative investigation, controlling units, supervisory activities, administrative offence, legitimate interests
Reference:
Khurtin D.O..
Public liability for copyright infringement
// Administrative and municipal law.
2015. № 8.
P. 811-815.
DOI: 10.7256/2454-0595.2015.8.66800 URL: https://en.nbpublish.com/library_read_article.php?id=66800
Abstract:
Intellectual property is an important component of spiritual and economic life of society, in this regard the state must ensure the comprehensive protection of intellectual property rights. The subject of this article is the question of public liability for copyright infringement. The purpose of the article is to analyze the criminal offenses and administrative offenses in this sphere and to reveal the deficiencies of legal regulation of public liability for copyright infringement. The work uses the methods of analysis, analogy, modeling, study of legal norms and law-enforcement practice. In the result the author identifies a number of illegal actions which violate copyrights but can't be regulated by the norms of legal or criminal legislation. The author proposes the amendments to the Code of Administrative Offences of the Russian Federation which can provide the comprehensive copyright protection by means of public law.
Keywords:
plagiarism, copyright, intellectual property, related offenses, criminal liability, administrative liability, public liability, changes in legislation, exclusive rights, offence
Reference:
Dresvyannikova E.A..
Execution of decisions on administrative offences in the sphere of traffic safety
// Administrative and municipal law.
2015. № 7.
P. 670-675.
DOI: 10.7256/2454-0595.2015.7.66657 URL: https://en.nbpublish.com/library_read_article.php?id=66657
Abstract:
The norms imposing administrative responsibility are formal if the decisions are not executed. The author analyzes law enforcement practice and concludes that in case it is not reasonable to impose a fine (particularly when an administrative fine equals to fines for some types of criminal offences), it is reasonable to impose another type of administrative punishment, thus achieving the main aim – prevention of new offences by the same offender and by other persons. Large fines which are very difficult to exact should be replaced with other proportionate types of punishment. The author of the paper suggests amending the art. 20.25 of the Code of Administrative Offences of the Russian Federation with a part 11, containing the responsibility for the evasion of administrative punishment imposed for special rights abuse. The author argues that the adequacy of an imposed punishment for the evasion of administrative punishment will promote the principle of unavoidability of punishment. For data collection and processing the author uses the formal-logical and the dialectical methods, and the comparative-legal, logical and statistical analysis of the cases of administrative offences in the sphere of traffic safety. The toughening of administrative responsibility for offences in the sphere of traffic safety leads only to the decrease of some types of such offences, but it solves neither the problems of the quantity of traffic accidents and the amount of victims, nor the problems in the sphere of the imposed punishment execution. In law enforcement practice of traffic officers administrative executive proceedings are widely used not only for the observance of the principle of unavoidability of punishment, but also as a preventive measure for traffic safety provision. Therefore, the execution of decisions on administrative offences is one of the priority directions in this sphere. This research is aimed at the Russian traffic police efficiency enhancement in the sphere of administrative punishment for traffic violation execution. The author analyzes law enforcement practice of the imposed administrative punishment execution and offers recommendations for legislation enhancement in the sphere of administrative responsibility for traffic violation.
Keywords:
natural person, deprivation of a special right, proceedings, execution, decision, fine, offence, punishment, administrative responsibility, traffic safety
Reference:
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P..
Reasons for and conditions of administrative offences (delicts)
// Administrative and municipal law.
2015. № 7.
P. 676-683.
DOI: 10.7256/2454-0595.2015.7.66658 URL: https://en.nbpublish.com/library_read_article.php?id=66658
Abstract:
The subject of the article is a range of legal and organizational problems of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The authors carry out the theoretical and legal analysis of the existing concepts regulating this process. The article presents the authors’ attitudes towards the notion of administrative-legal prevention of offences and ascertainment of personal and professional traits of the subject of administrative delict. The main attention of the authors is paid to the development of methods and methodology of administrative-legal regulation of reasons and conditions of administrative offences ascertainment. The article provides the authors’ attitudes towards the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in special sociological researches (the statistical methods, expert assessments, etc.). The authors conclude that at present in order to provide nomocracy in the sphere of application of administrative legislation it is necessary to enhance the forms and methods of ascertainment of reasons and conditions of administrative offences. The main contribution of the authors is the statement about the need for the development of administrative-legal regulation of revelation of the potential subjects of administrative delicts. The novelty of the research lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities and to create the legal and organizational guarantees of legality in Russia.
Keywords:
punishment, sanction, offence, competence, police, delict, result, reason, condition, base
Reference:
Kurakin A.V., Kostennikov M.V., Tregubova E.V., Myshlyaev N.P..
Conceptual grounds of administrative delictology
// Administrative and municipal law.
2015. № 6.
P. 563-574.
DOI: 10.7256/2454-0595.2015.6.66573 URL: https://en.nbpublish.com/library_read_article.php?id=66573
Abstract:
The subject of the research is a range of organizational and legal problems of administrative delinquency forecasting and defining of its efficiency in modern socio-economic and political conditions. The object of the research is a range of social relations appearing in the process of administrative delinquency forecasting. The authors study the elements of the mechanism of administrative delinquency forecasting and formulate the ways of its efficiency enhancement. The authors pay special attention to the development of the criteria of administrative delinquency prevention efficiency. The methodology of the research is based on the recent achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods used in special sociological research (the statistical method, expert assessments, etc.). The authors conclude that the abovementioned sphere of internal affairs is not efficient enough. Therefore it is necessary to develop the legal base of police activities in the sphere of administrative delinquency forecasting. The main authors’ contribution is the study of this problem. The novelty of the research lies in the development of administrative delinquency forecasting instruments.
Keywords:
delict, forecast, police, prevention, concept, regulation, punishment, offence, delinquency, crime
Reference:
Lapina M.A..
Optimal legal methods providing the harmonization of the system of legal sanctions of administrative and criminal legislation
// Administrative and municipal law.
2015. № 6.
P. 575-581.
DOI: 10.7256/2454-0595.2015.6.66574 URL: https://en.nbpublish.com/library_read_article.php?id=66574
Abstract:
The subject of the article is a range of legal and organizational problems of administrative-legal regulation of administrative sanctions. The author carries out the theoretic and legal analysis of administrative sanctions. Legal sanctions, provided by the Code of Administrative Offences and the Criminal Code, don’t correlate with each other from the viewpoint of optimal measures of state coercion which should provide the restoration of justice in the relations between the participants of economic activity and economic interests of the state. The existing sanctions, taking into account the increasing number of economic and financial offences, don’t provide special prevention in relation to economic offenders and general prevention on the part of other economic subjects. The main attention of the author is paid to the defining of principles of harmonization of the system of legal sanctions in administrative and criminal legislation. The author offers the following methods of harmonization of criminal and administrative sanctions: administrative collateral estoppel, the “linkage” to sectoral legislation, for some economic cases – nonalternative sanctions, etc. The article presents the author’s ideas about criminal responsibility of legal entities. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods, used in special sociological research (the statistical method, expert assessments, etc.). The author concludes that currently it is necessary to enhance the forms and methods of administrative-legal influence on the state and the private sectors of Russian economy in order to provide law and order in the economic sphere. The author states that it is necessary to reduce the quantity of sanctions and to increase the quantity of encouraging norms both in criminal and administrative legislation.
Keywords:
nonalternative, collateral estoppel, responsibility, coercion, punishment, sanction, proceedings, delict, administrative, law
Reference:
Zutikov I.A..
The protection of rights and lawful interests of lending agencies in tax process
// Administrative and municipal law.
2015. № 6.
P. 582-587.
DOI: 10.7256/2454-0595.2015.6.66575 URL: https://en.nbpublish.com/library_read_article.php?id=66575
Abstract:
The article considers a lending agency as a specialized subject and its rights and lawful interests in the process of tax obligations discharge in tax process. Special attention is paid to the definition of the term “tax process” and to the formation of the author’s definition of this term. The author outlines the key problems of the protection of the rights and lawful interests of lending agencies, as resolution of conflicts between lending agencies and rating authorities in the sphere of bank secrecy. The author considers the infringement of tax legislation by lending agencies including a failure to implement the decision of a rating authority or a violation of order of account opening for a taxpayer. The author uses special legal methods of scientific research such as the comparative-legal method and the formal-logical method; partially, the author uses the method of interpretation. The main contribution of the author to the study of the essence of lending agencies in tax legal relations is a profound consideration of the role of a lending agency in a trial and in interaction with rating authorities. One of the important elements of the study is the consideration of the term “tax process” and its sense from the viewpoint of the modern scientific community.
Keywords:
tax, right, lawful interest, lending agency, tax process, tax law, protection of rights, process, procedure, responsibility
Reference:
Sizov I.Yu..
Administrative responsibility of legal entities for the violation of migration laws
// Administrative and municipal law.
2015. № 5.
P. 455-459.
DOI: 10.7256/2454-0595.2015.5.66440 URL: https://en.nbpublish.com/library_read_article.php?id=66440
Abstract:
The article is devoted to the study of the peculiarities of imposition of administrative responsibility for the violation of migration laws on legal entities. The author considers the issues of infliction of punishment lower than the lowest limit stated in the corresponding article, and the peculiarities of responsibility in case of a belated notification about the conclusion of a labour contract with a foreign national. The article considers a range of changes which came into effect in the late 2014, and which relate to the enforcement of responsibility of legal entities for the violation of migration laws. The methodology of the research is based on the modern achievements of epistemology. The author uses the theoretical and the general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal logical), and the methods used in special sociological research (the statistical method, expert evaluations, etc.). Administrative-legal regulation of migration of the population is one of the urgent problems in the sphere of state management for the following reasons: demographical problems, and insufficient theoretical study of the role and the importance of migration process in demographical development of the Russian Federation. These and other problems provoke a wide range of negative consequences in the sphere of enforcement of law and socio-economic development of the country. Every year illegal migration attracts more and more attention of public authorities. Annually the government considers the problems of migration in different contexts, defines the quotas of foreign labour use in the Russian Federation, and solves other problems in the sphere of migration policy. But despite the measures taken, the global problems in the sphere of migration policy haven’t been solved yet.
Keywords:
responsibility, migration, the Federal Migration Service, punishment, sanction, entity, foreign national, deportation, exclusion, fine
Reference:
Iliy S.K..
Administrative offences of corruption character
// Administrative and municipal law.
2015. № 5.
P. 460-468.
DOI: 10.7256/2454-0595.2015.5.66441 URL: https://en.nbpublish.com/library_read_article.php?id=66441
Abstract:
The article considers the problems of administrative responsibility for corruption. The legislation of the Russian Federation in the sphere of administrative offences is one of the key elements in the mechanism of combating corruption. As an administrative offence of corruption character the author understands the action (inaction) of an individual person or a legal entity committed intentionally or due to carelessness with the use of official standing and deviation from rights and duties. In order to reveal corruption crimes in the Code of Administrative Offences of the Russian Federation it is supposed to proceed from the presence of: elements of bribery (article 5.16. Bribery of Voters or Participants of a Referendum, article 19.28. Unlawful Remuneration on Behalf of a Legal Entity); use of official standing (Taking Advantage of an Individual's Office or Official Position During an Election Campaign or a Referendum Campaign); violations of norms providing law and order of public management and, among others, aimed at combating corruption (article 19.29. Unlawful Engaging in Labour Activities or in Carrying Out Works and Rendering Services of a State or Municipal Civil Servant or a Former Civil Servant or Municipal Employee).
On the basis of these criteria at least 11 articles of the Code should be rated as corruption offences. The author uses the logical and the statistical methods of research, studies analytical documents of the Prosecutor General’s Office of the Russian Federation, materials of judicial practice. The author offers the definition of administrative offences of corruption character and their list. The article considers some problems appearing in law enforcement practice in the process of qualification of administrative offences specified in art. 19.28, 19.29 of the Code.
The author concludes:
1) Elaboration and normative establishing of a range of articles of the Code of Administrative Offences providing the responsibility for corruption offences is urgent;
2) It is reasonable to state article 19.28. in the version which provides not only the responsibilities of legal entities, but also the responsibility of individuals working as entrepreneurs without registration of a legal entity;
3) The possibility should be stipulated to condone the legal entities which actively assist the investigation in case of extortion of a bribe by an official, or if a legal person reported a crime after bribery to the official body:
4) It is necessary to amend the Code of Administrative Offences with the new corpora delicti of administrative offences of corruption character which should provide administrative responsibility for protectionism, intentional provision of unauthentic information about revenue and expenses, entrepreneurship of a public servant, inaction in case of conflict of interest, etc.
Keywords:
corruption, administrative offences of corruption character, administrative responsibility, types of corruption offences, enhancement of anticorruption legislation, enhancement of administrative legislation, statistical data, corruption offence, definition of corruption offence, qualification of administration offences
Reference:
Titov E.E..
Anti-competitive administrative offences: problems of value definitions use
// Administrative and municipal law.
2015. № 5.
P. 469-472.
DOI: 10.7256/2454-0595.2015.5.66442 URL: https://en.nbpublish.com/library_read_article.php?id=66442
Abstract:
The article is devoted to the peculiarities of formulation of a constituent element of administrative anti-competitive offences. The author notes the abundance of value definitions which law enforcers have to use when penalizing for administrative anti-competitive offences. The article reveals and considers the problems of value definitions use and offers the ways of their solution. The author considers the methods defined in the general theory of law which allow the efficient use of value definitions in everyday law enforcement practice of the authorities.The methodology is based on the general scientific methods: deduction, induction, analysis, synthesis, and the special scientific methods: the comparative legal method, the formal logical and the historical-legal method. The author comes to the conclusions:1) the use of value definitions causes difficulties for law enforcement2) in order to use value definitions correctly there should be developed legal guarantees, such as the adjustment of terminology, the establishment of specifications, the development and establishing of the criteria of certain value definitions
Keywords:
development of criteria, establishment of specifications, adjustment of terminology, elements of offence, value definitions, anti-competitive administrative offences, competition, antimonopoly law, administrative law, administrative responsibility
Reference:
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P..
Forecasting of administrative delinquency and evaluation of its effectiveness in the police activities
// Administrative and municipal law.
2015. № 5.
P. 473-481.
DOI: 10.7256/2454-0595.2015.5.66443 URL: https://en.nbpublish.com/library_read_article.php?id=66443
Abstract:
The article focuses on legal and organizational problems related to forecasting of administrative delinquency and evaluation of its effectiveness in the police activities. The object of the article is the range of social relations associated with the forecasting of administrative delinquency. The authors consider the components of the mechanism of forecasting of administrative delinquency and make the proposals for improvement of its effectiveness in the activities of the police. The main attention is paid to the development of the criteria of administrative delinquency forecasting efficiency.
The methodology of the research is based on the modern achievements of epistemology. The authors use the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), the traditional legal methods (formal-logical), and the methods used in special sociological research (the statistical methods, expert evaluations, etc.). In the result of the study of administrative delinquency in the police activities the authors conclude that the abovementioned sphere of internal affairs is not efficient enough. In this regard, at present it is important to develop the legal base for the police activities in the sphere of forecasting of administrative delinquency. The main contribution of the authors is the attention paid to this problem. The novelty of the research lies in the development of the instruments of administrative delinquency forecasting.
Keywords:
efficiency, , forecasting, , forecast, , sanction, , punishment, , offence, delinquency, prevention, , police, , criminology.
Reference:
Dresvyannikova E.A..
Correct qualification of administrative offence as a component of the principle of unavoidability of punishment
// Administrative and municipal law.
2015. № 4.
P. 375-379.
DOI: 10.7256/2454-0595.2015.4.66314 URL: https://en.nbpublish.com/library_read_article.php?id=66314
Abstract:
The subject of the research is qualification of administrative offences specified in the articles 12.6 and 12.23 part 3 of the Code of Administrative Offences of the Russian Federation. Implementation of the principle of unavoidability of punishment means the correct qualification of the offence committed. Unfortunately, when qualifying administrative offences in the sphere of road traffic a law enforcer sometimes faces the situation when one deed refers to several competing administrative-legal regulations. Regulations provide for various types of responsibility for transportation of children without a safety belt. In such situations the correct qualification of this deed is necessary for the correct legal treatment of the deed and imposition of a corresponding punishment. The author of the article considers the problem of correlation between the rules of transportation of children (article 12.23 part 3 of the Code of Administrative Offences) and the rules of safety belts use (article 12.6 of the Code) as competing legal regulations in the sphere of road traffic. The correct qualification of administrative offences fosters the respect for law enforcement bodies in citizens and promotes the increase of legal sense and legal culture of road traffic participants. The author uses general scientific methods (analysis, synthesis, the comparative method) and special research methods. The analysis of the administrative legislation and the court and law enforcement practice shows the need for the general explanation by the Supreme Court of the Russian Federation of the order of application of the rules of children transportation (article 12.23, part 3 of the Code of Administrative Offences) and the rules of safety belts use (article 12.6 of the Code). It is necessary to amend the general part of the Code of Administrative Offences of the Russian Federation with the regulation explaining the order of the general and the special norms of the Special Part application.
Keywords:
offence, qualification, regulation, competition, principle, unavoidability, punishment, legal sense, law enforcement, court practice
Reference:
Kretov V.V., Sevryugin V.E..
On the necessity of establishing of administrative responsibility for offences in the sphere of road economy of the Russian Federation
// Administrative and municipal law.
2015. № 4.
P. 380-387.
DOI: 10.7256/2454-0595.2015.4.66315 URL: https://en.nbpublish.com/library_read_article.php?id=66315
Abstract:
The article analyzes the provisions of the Federal law "On automobile roads and road activities" and Code of the Russian Federation "On administrative offences" regarding imposition of administrative responsibility for both road users (individuals and legal entities) and officers of the traffic control sector for violations in repair, roads maintenance and safety. The authors propose the measures for improvement of the legislation on administrative offences, including toughening of responsibility and introduction of additional chapter in the Special part of the administrative code. The authors use the system, the comparative legal and the formal logical methods. The improvement of the Code Of The Russian Federation "On administrative offences" and the Federal law "On automobile roads and road activities.." No. 257-FL dated 8.11.2007 through the inclusion of new rules on liability in the sphere of roads and road-related activities, will allow not only to improve the responsibility system of road users and organizations involved in the operation of roads, but also to codify the responsibilities of road management, as well as their managers.
Keywords:
officials, road users, administrative offences, road legislation, administrative responsibility, road activities, roads, administrative fine, individuals, legal entities
Reference:
Kurakin A.V., Kostennikov M.V., Badulin A.D., Tregubova E.V., Kareeva-Popelkovskaya K.A..
Problems of administrative responsibility application in cases of violation of legislation in the sphere of state regulation of spirituous and alcohol-containing production
// Administrative and municipal law.
2015. № 3.
P. 275-282.
DOI: 10.7256/2454-0595.2015.3.66232 URL: https://en.nbpublish.com/library_read_article.php?id=66232
Abstract:
The subject of the research is the complex of problems of a scientific and practical character connected with the application of measures of administrative responsibility for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The object of the research includes public relations appearing in the process of administrative measures application for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. The authors pay special attention to the content and the principles of administrative responsibility in the sphere in question and formulate the suggestions about the enhancement of its realization. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the theoretical and the general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal logical) and the methods used in special sociological research (the statistical method, expert evaluations, etc). The article explains the necessity of extension of protective effect of administrative responsibility measures applied for the violation of order of production and distribution of ethyl alcohol, spirituous and alcohol-containing production, reveals the material and procedural components of administrative responsibility in this sphere. The study theoretically substantiates and reveals the mechanism of administrative measures realization in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production. Moreover, the authors come to the conclusion about the necessity of inclusion of licence abolition as an administrative punishment for the offences in the sphere of production and distribution of ethyl alcohol, spirituous and alcohol-containing production.
Keywords:
alcohol, spirit, responsibility, punishment, fine, police, coercion, control, distribution, production
Reference:
Loginova E.S..
Proper issue of summons in the proceedings on administrative offences
// Administrative and municipal law.
2015. № 2.
P. 144-151.
DOI: 10.7256/2454-0595.2015.2.66152 URL: https://en.nbpublish.com/library_read_article.php?id=66152
Abstract:
One of the ways of legality provision in the proceedings on administrative offences is an obligatory issue of summons on the person, charged with the offence commitment. The improper issue of summons is an unconditional reason for cancelation of determination about administrative punishment infliction. Procedural legislation regulates this sphere inconsistently, consequently, a plenty of problems appear in law-enforcement practice. The article analyzes the criteria of proper issue of summons in the proceedings on administrative offences set in law-enforcement practice. The author uses the general scientific methods (analysis and modeling), and the special methods (comparative-juridical and technical-juridical). The article reveals the problems appearing with serving the summons on the persons, committed the violation norms of the existing legislation. One of the main problems is the evasion of a person from the receipt of summons, and the absence of the algorithm of actions for the administrative bodies’ officials in such situations in the existing legislation. On the base of judicial practice analysis the author offers the possible way to solve this problem.
Keywords:
proper issue of a summons, proper issue of a summons criteria, proceedings, way of serving a summons, place of serving a summons, improper issue of a summons, administrative coercion, administrative offence, types of improper issue of a summons, summons
Reference:
Kurakin A.V., Kostennikov M.V., Myshlyaev N.P..
On the issue of the reasons and the conditions of administrative delicts
// Administrative and municipal law.
2015. № 2.
P. 152-159.
DOI: 10.7256/2454-0595.2015.2.66153 URL: https://en.nbpublish.com/library_read_article.php?id=66153
Abstract:
1. The subject of the article includes legal and organizational problems of revelation of causes and conditions of administrative delicts. The object of the article is a range of public relations in the sphere of prevention and prophylaxis of administrative offences. The authors pay special attention to the forms and methods of activities of state power and administration bodies aimed at the prevention of administrative offences. Special attention is paid to the theory of this problem; the article formulates the proposals about the improvement of the legislation in the sphere of administrative offences. Also, special attention is concentrated on the logical connection of administrative offences and criminal delicts. 2. The methodology of the research is based on the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in specific sociological researches. 3. The main conclusions of the research relate to the improvement of the legislation on administrative offences. The originality of this paper consists in the fact that it presents a comprehensive evaluation of public authorities' activities in the sphere of offences prevention; substantiates the use of the system approach in the sphere of crimes and administrative offences prevention. The specific contribution of the article consists in the conclusion that the achievement of significant results in provision of the rule of law and protection of the rights of citizens from various illegal encroachments is possible only on the basis of a complex approach to crime prevention.
Keywords:
delikt, pravonarushenie, politsiya, zakon, pravo, profilaktika, preduprezhdenie, kriminal
Reference:
Lapina M.A., Karpukhin D.V..
Construction of crimes and state coercive measures in administrative and budget legislation
// Administrative and municipal law.
2015. № 1.
P. 43-54.
DOI: 10.7256/2454-0595.2015.1.66035 URL: https://en.nbpublish.com/library_read_article.php?id=66035
Abstract:
The development of administrative legislation has led to the formation of detached branches of Russian legislation
– financial, tax, budget, and tariff. Therefore, the corpora delicti of corresponding crimes were included in the
codified legal acts – Budget Code of the Russian Federation, Tax Code (chapter 1). This article is aimed at carrying out of
comparative analysis of regulations, introducing juridical responsibility for offences in budget sphere, provided by Code
of Administrative Offences and Budget Code of the Russian Federation; and at formulation of particular ways of state coercive
measures regulation as they are provided by the existing legislation. The methodology of the research is based on
the up-to-date achievements of epistemology. The authors use the general philosophical, theoretical methods, dialectics,
the system approach, analysis, synthesis, analogy, deduction, observation, modeling, the traditional juridical methods
(formal-logical), and the methods which are used in special sociological research (the statistical method, expert evaluations,
etc.). The authors of the article fully share the point of view that has formed in Russian science of administrative
law about the administrative legal nature of budget enforcement measures, which are applied by “financial institutions and institutions of the Federal Treasury (their officials) on the grounds of notification about budget enforcement measures
application by the body of state (municipal) financial control” (art. 306.2 part 1 BC of the Russian Federation). Study
of the problem of correlation of budget and administrative enforcement measures seems to be of a big importance. Budget
enforcement measures are provided by part 2 article 306.2 of Budget Code of the Russian Federation.
Keywords:
corpus delicti, responsibility, enforcement, sanction, constraint, administration, prohibition, finances, object.
Reference:
Vaskevich, K. N..
Uses of Systematic Approach for Research into Legal Responsibility for tax Offences
// Administrative and municipal law.
2014. № 12.
P. 1257-1263.
DOI: 10.7256/2454-0595.2014.12.65810 URL: https://en.nbpublish.com/library_read_article.php?id=65810
Abstract:
This article examines the legal responsibility for violating tax law of the Russian Federation. The work analyses
the uses of the systematic approach for studying this legal phenomenon on the basis of which legal responsibility appears
to us as a system with its structure and functionalities. This system is described as a “corporeal” structure which
is a way of uniting the elements of relatively table subjects and which is typical of the summative system of specific
types of legal responsibility and, secondly, the “process” structure – the order of the temporal phases of the processes
typical of dynamic systems with parameters changeable with time. The author uses the systematic approach, namely:
first, the theory of functional systems developed by P. Anokhin, and second, the theory of dynamic systems, in research
of legal phenomena. This article demonstrates the theoretical model of administrative responsibility, on the first level it
is represented as a subsystem in the functional system of legal responsibility which makes it possible to define its scope
of application, coordination and management connections with the criminal and tax responsibility by separating out a
focused useful effect, and on the second level, as a two-stage ongoing process reflecting its contents. This model has a
methodological function due to being an important stage is developing specific problems of sector-related types of responsibility,
in particular, n tax law, and open ways to their practical improvement.
Keywords:
systematic approach, administrative responsibility, functional system, tax responsibility, focused useful effect, tax system, Code of Administrative Offences of the Russian Federation, Tax Code of the Russian Federation, criminal responsibility, legal responsibility.
Reference:
Khramov K. N..
Certain Issues of Proof by Customs Authorities of Guilt in Administrative Cases
// Administrative and municipal law.
2014. № 11.
P. 1165-1169.
DOI: 10.7256/2454-0595.2014.11.65678 URL: https://en.nbpublish.com/library_read_article.php?id=65678
Abstract:
The subject of this article is the relationship at law between the custom authorities of the Russian Federation
and the parties responsible in customs affairs. Special attention is paid to the powers of the customs authorities in holding
declarants administratively responsible. The author considers the problems related to proving the guilt in the context
of customs practice in the Russian federation, arbitration courts and the Supreme Arbitration Court of the Russian Federation.
The institute of guilt was analyzed from the point of view of admissible evidence and the requirement to take into
account all the facts and circumstances which serve as the basis for exemption for customs duties or their reduction. In
this research, the author uses the comparative, statistical methods, as well as induction, analysis and synthesis. Scientific
novelty and conclusions: the author makes the conclusion that proof in an administrative offence is the base factor for
holding someone administratively responsible and imposing penalties. It is stressed that giving the incorrect Customs
Union Commodity Classification of Foreign Economic Activity code is sufficient proof of the declarant’s guilt. In such
cases, on the basis of arbitration precedents, in order to find out whether a person is guilty of an administrative offence,
it is necessary to comprehensively consider the fact and documents as the evidential base.
Keywords:
administrative offence, guilt, customs affairs, Customs Union Commodity Classification of Foreign Economic Activity, customs rules, Customs Code of the Customs Union, Administrative Offences Code of the Russian Federation, proof, declaration, administrative responsibility.
Reference:
Gromova, G.A..
Some problems relating to the legal regulation of disposal of the medical waste and administrative responsibility for
violations regarding disposal of medical waste.
// Administrative and municipal law.
2014. № 10.
P. 1031-1038.
DOI: 10.7256/2454-0595.2014.10.65557 URL: https://en.nbpublish.com/library_read_article.php?id=65557
Abstract:
The medical waste, which appears in the process of medical and pharmaceutical activities, is potentially hazardous
for both the persons working with medical waste and to the environment and health of general public. That
is why the issues regarding destruction of waste of medical and prophylactic institutions are quite topical. The article
provides theoretical and practical problems regarding responsibility of persons violating the procedure of disposal
of the medical waste. The author provides comparative classification of waste depending on the degree of negative
influence upon the environment, as provided for in the Federal Law of June 24, 1998 N. 89-FZ \"On Production and
Consumption Waste\", as well as classification of medical waste, as provided for by the Federal Classification of Waste,
approved by the Order of the Ministry of Natural Resources of the Russian Federation N 786 of December 2, 2002
for medical waste (hospitals and medical rehabilitation institutions). The author analyzes the issues of lawfulness of
administrative responsibility of persons violating the procedure for treatment of the medical waste, organs not being
competent to control over the compliance with the sanitary and epidemiological norms. The author applies comparative
legal studies in order to single out differences and general patterns of development of legal matters. Comparative
legal method becomes necessary for any scientific legal study, since with its help it becomes possible to develop
proposals for the improvement of the current administrative law. Synchronic comparison (limited to short periods of
time) involves Russian legal system (domestic comparison), allowing to provide general characteristics of the legal
system. Normative comparison involves similar legal norms, legislative acts, terms, definitions, classification. Internal
comparison mostly involved the level of the legal norms in the same sphere (mycro-comparison). Methodological basis
for this work mostly involves comparative legal method of studies. The article singles out some problems regarding
treatment of medical waste and administrative responsibility for the violations in the sphere of disposal of medical
waste in Russia, as well as provides analysis of gaps and defects of the Russian legislation in this sphere, developing
recommendations for the improvement of the Russian legislation on administrative legal regulation of turnover of
medical waste. The issues of administrative legal regulation of turnover of medical waste and administrative responsibility
in this sphere are rather topical, ever since the Federal Law “On the Environmental Protection” was amended
in 2008. There is an obvious legislative shortcoming in the sphere of treatment of medical waste, causing the guilty
organizations to avoid responsibility in this sphere. The absence of definition of “medical waste” legislative provisions
of the issues of licensing in the sphere of turnover of medical waste and passports of medical waste, discrepancies
between the classification of medical waste and classes of danger under the Federal Law “On Production and Consumption
Waste” cause insufficient control regulation of this sphere, as well as incorrect treatment of medical waste.
In turn, it allows the institutions avoid responsibility for the violations in the sphere of disposal of medical waste, and
raises the level of risks of harming the environment, contamination and traumas among the population in general and
employees of the health sphere in particular.
Keywords:
waste, waste of medical prophylactic institutions, medical waste, classification of waste, licensing, passports, responsibility, turnover, collection of waste, transportation of medical waste.
Reference:
Ryzhkova, A.N..
On the issue of administrative responsibility for the illegal labor activities of a foreign citizen or a person without
citizenship in the Russian Federation.
// Administrative and municipal law.
2014. № 10.
P. 1039-1047.
DOI: 10.7256/2454-0595.2014.10.65558 URL: https://en.nbpublish.com/library_read_article.php?id=65558
Abstract:
In the conditions of growing number of labor migrants searching for employment in the territory of the Russian
Federation, the study of administrative offences in the sphere of violations of labor migration legislation becomes quite
topical. The object of studies involves theoretical and practical aspects of functioning of the institution of administrative
responsibility for the violations in the sphere of labor migration in the Russian Federation, namely, those related to the
unlawful labor activities of a foreign citizen or a person without citizenship in the territory of the Russian Federation (Art.
18.10 of the Administrative Offences Code of the Russian Federation). Method and methodology of studies are based
upon the accumulation of the general scientific and specific scientific means and methods used by the legal science in
general, such as dialectic, historical, structural systemic, comparative legal, statistical, formal logical, analysis, systemic
method. Generally, the work involves all of the cognition methods as a combination, while the priority is provided to the
methods of comparative legal studies and analysis. The scientific novelty of this study is due to the fact that the author attempts
to provide a comprehensive evaluation of administrative responsibility for the illegal labor activities by a foreign
citizen or a person without citizenship in the Russian Federation. The article involves the key definitions in this sphere, the
author provides analysis of the current situation in the labor migration legislation as well as administrative responsibility
for its violations, noting the tendency for the stricter administrative responsibility, including higher fines.
Keywords:
administrative responsibility, labor migration, foreign citizen, foreign workforce, permit to work, patent, employment, administrative deportation, administrative fine, administrative offence.
Reference:
Konstantinova, L.V..
Administrative offences in the sphere of copyright protection within the sphere of competence of the customs bodies.
// Administrative and municipal law.
2014. № 10.
P. 1048-1054.
DOI: 10.7256/2454-0595.2014.10.65559 URL: https://en.nbpublish.com/library_read_article.php?id=65559
Abstract:
The article is devoted to the topical issues within the system of legal relations in the sphere of procedural
developments regarding administrative offences in the sphere of protection of copyright within the competence of
the customs bodies within the framework of the Customs Union, as well as to the specific features of initiating of an
administrative offence case under Art. 14.10 of the Administrative Offences Code of the Russian Federation in cases
of unlawful use of trademark belonging to the third parties, problems regarding proving guilt of a person transferring
counterfeit goods, as well as issues on improving interaction among the competent controlling bodies, both in
Russia and in the Customs Union Member States. The scientific study is based upon the comparative and scientific
methods of studies, and they are applied for the purpose of improvement of administrative proceedings in the sphere
of copyright. Based upon the analysis of the social relations in the sphere of administrative offences cases regarding
copyright protection within the competence of the customs bodies within the framework of the Customs Union, the
author formulates proposals for the improvement of the legislation in the sphere of proceedings on administrative
offences cases and interactions among the controlling bodies in this sphere. In order to achieve the goals mentioned
in the Strategy in order do intercept the copyright offences, there is need for the harmonization of the legislations of
the Customs Union Member States on administrative offences. There is also need to improve inter-departmental and
international cooperation at the supranational level (that is, at the level of the Customs Union), for example, there
may be created an unified information database of the documents of various controlling bodies interacting with the
customs bodies of the Customs Union.
Keywords:
administrative offence, protection of exclusive rights, copyright objects, the Customs Union, counterfeit products, title owner, trademark, similar goods, expert, transition.
Reference:
Belenko, V.V..
Influence of international law in the sphere of fighting legalization of criminal income upon the Russian system of
financial control in the banking sector.
// Administrative and municipal law.
2014. № 9.
P. 907-911.
DOI: 10.7256/2454-0595.2014.9.65445 URL: https://en.nbpublish.com/library_read_article.php?id=65445
Abstract:
The article concerns topical issues of development and improvement of the Russian legal institution of financial
control in the sphere of fighting legalization of criminal income. Topicality of the study is due to the great public importance
of this direction in the financial legal policy. Providing arguments regarding constructive moments in the sphere
of fighting money laundering and terrorism financing in the foreign system of control over the financial resources, the
author at the same time points out the problems should Russia follow foreign legal norms without regard to varying
specificities in the understanding of democratic principles in various states. The study is based upon the combination
of general and special methods of scientific analysis: dialectic, logical, comparative legal, normative. The conclusion is
made on the need to develop Russian standards for the financial control based upon following the FATF recommendations
in close interaction with its Member States. The author offers a set of measures in order to improve the quality of
work of the special financial control body: Federal Financial Monitoring Service.
Keywords:
fighting legalization of income, financial control, banking sector, financial resources, risks, terrorism financing, accounting operations, client, FATF Member States, FATF standards.
Reference:
Volchenko, T.I..
Provision of legal assistance by the customs bodies of the Russian Federation in the proceedings on administrative
offences cases.
// Administrative and municipal law.
2014. № 9.
P. 938-944.
DOI: 10.7256/2454-0595.2014.9.65449 URL: https://en.nbpublish.com/library_read_article.php?id=65449
Abstract:
The article provides the study of the mechanism for the provision of legal assistance by the customs bodies of the
Russian Federation in administrative offence cases, providing for its main stages. Additionally, the author pays attention
to the fact that the legislator fails to list procedural acts which may be required from abroad via sending request for legal
assistance on administrative offence cases in Chapter 29.1 of the Administrative Offences Code of the Russian Federation.
Based upon the interpretation of the provisions of the said Code with due consideration of the Treaty on Legal Aid and
Cooperation of the Customs Bodies of the Member States of the Customs Union on criminal and administrative offence
cases the author provides analysis of the amount of the legal aid requested by the customs bodies of the Russian Federation
in the administrative offences cases. The methodological basis for the study involved dialectic materialism and
the system of general and specific scientific methods based upon it, including: formal logical method, systemic method,
method of comparative legal studies, etc. Based upon the analysis of norms of the Administrative Offences Code of the
Russian Federation, as well as international treaties on cooperation and mutual aid in customs cases the author studies
the main stages of provision of legal assistance by the customs bodies of the Russian Federation in administrative offence
cases, specifying their specific features. Additionally, the author names the procedural acts, which may be requested via
sending the request on legal assistance on administrative offence cases.
Keywords:
legal aid, administrative offences, administrative process, international cooperation, customs bodies, customs offences, proof, request, sending a request, implementing a request.
Reference:
Panshin, D.L., Dresvyannikova, E.A..
Period and procedure for the implementation of decisions imposing fines in administrative offence cases.
// Administrative and municipal law.
2014. № 8.
P. 797-800.
DOI: 10.7256/2454-0595.2014.8.65271 URL: https://en.nbpublish.com/library_read_article.php?id=65271
Abstract:
It is recognized in the modern administrative legal practice on payment of fines that there is a sixty-days period
for the voluntary payment. However, this is not correct. In this article the authors pay attention to the periods when a
person may voluntarily implement the decision, and the period when the decision is enforced by a competent official.
As a general rule based upon part 1 of Art. 32.2 of the Administrative Offences Code of the Russian Federation there is
a sixty-days period for the voluntary payment of the decision imposing fine in an administrative offence case. That is,
there is need for a document proving payment of fine, as well as the information of its payment in the databases. At the
same time, no one pays attention to Chapter 31 of the Administrative Offences Code of the Russian Federation directly
providing that a decision on administrative offence case is obligatory for implementation from the moment, when it
enters into force. It should be implemented by a judge, official body or an official, who has issued the relevant decision,
and the decision should be sent for implementation within three days period, when it should be transferred to an official
competent to implement it, and this requirement is not fully conformed to, so the principle of inevitability of punishment.
Keywords:
implementation, proceedings, suspension, extension, period, administrative, offence, decision, body, competent.
Reference:
Klepikov, S.N., Klepikova, O.S..
Administrative delict policy of the Russian Federation and the principles of establishing administrative responsibility.
// Administrative and municipal law.
2014. № 8.
P. 801-806.
DOI: 10.7256/2454-0595.2014.8.65272 URL: https://en.nbpublish.com/library_read_article.php?id=65272
Abstract:
The principles play the foremost significant role in the implementation of the main provisions of the administrative
responsibility institution. The problem of definition of principles of legal responsibility still does not have an
uniform solution. The current Administrative Offences Code of the Russian Federation provided in its Art. 1.3 only for
the objects of competence of the Russian Federation, and it had a negative impact upon the regional law-making
activities and legal practice. Regarding the administrative responsibility both the general constitutional and special
principles are applied. The authors use the main provisions of the general scientific dialectic method of scientific cognition,
as well as systemic method, historical legal studies, comparative legal methods, and various techniques of formal
logic Implementation of administrative punishments is based upon certain clearly established rules, which are called
“principles” in the legal literature. Currently the practice of application of principles of administrative responsibility is
based upon both the specific features of implementation of legal norms in a nation state, and attention to the global
legal problems. Based upon the critical analysis of the modern condition of administrative delict legislation of the
constituent subjects of the Russian Federation the authors substantiate propositions for the improvement of the legal
regulation of responsibility principles.
Keywords:
administrative offence, principles for establishing responsibility, administrative delict legislation, administrative responsibility, administrative delict policy, regional legislation, principle of succession, principle of efficiency, principle of legal certainty, principle of proportionality of punishment.
Reference:
Abdulgalimov, R.Z., Suntsov, A.P..
Legal responsibility of non-governmental organizations as subjects of administration of public affairs.
// Administrative and municipal law.
2014. № 8.
P. 807-813.
DOI: 10.7256/2454-0595.2014.8.65273 URL: https://en.nbpublish.com/library_read_article.php?id=65273
Abstract:
The object of studies in this article involves legal responsibility of political public non-governmental organizations
(NGOs) and types of responsibility of such organizations. The author analyzes the existing opinions in the sphere
of application of certain types of responsibility of NGOs in the Russian legal doctrine. In this respect the authors distinguish
positive and negative legal responsibility, providing brief characteristics of each sub-type of responsibility in
certain situations, as well as viability of application of certain types of responsibility in certain situations. Methodology
of studies is viewed from the standpoint of materialistic dialectics, the authors use general scientific cognition
methods — system, generalization and analysis of scientific, normative and practical materials, methods of dialectic
cognition. The scientific novelty of this article is due to the studies of the legal responsibility of political public NGOs
within the framework of the modern Russian legislation, as well as the specific features of relations between the state
and the subject involved in the administration of public affairs in the process of application of certain legal norms in
cases of administrative offences.
Keywords:
non-governmental organizations, positive responsibility, legal responsibility, negative, administration, public affairs, society, democracy, citizens.
Reference:
Vinokurov, A.Y..
On the issue of identifying the term “prosecutor” when implementing the Administrative Offences Code of the Russian
Federation.
// Administrative and municipal law.
2014. № 7.
P. 665-672.
DOI: 10.7256/2454-0595.2014.7.65176 URL: https://en.nbpublish.com/library_read_article.php?id=65176
Abstract:
The object of studies in this article involves social relations, which are formed in the process of application by
the prosecutor of the provisions of the Administrative Offences Code of the Russian Federation regarding competence
of prosecutors as participants in the administrative offences cases. The author analyses the meaning of the term
“prosecutor” within the context of implementation by the prosecutors of the specific competences provided for them
in the Administrative Offences Code of the Russian Federation both in the process of application of means of administrative
influence by the administrative jurisdiction bodies and within the framework of participation of prosecutors
in the proceedings on the administrative offence cases. The conclusion is made on the need to amend the current legislation, and the author provides specific phrasing for the innovations. In the process of analysis the author mostly
applied logical method and method of comparative legal studies within the context of comparison of the norms of the
Administrative Offences Code of the Russian Federation and the Federal Law “On Prosecution in the Russian Federation”.
The scientific novelty of the article is due to the fact that the author has provided in-depth analysis of the norms
of the Administrative Offences Code of the Russian Federation containing mentions of the Prosecutor as an official and
corresponding norms of the Federal Law “On Prosecution in the Russian Federation”, since this term covers a rather
wide range of prosecution officials. The immediate result of the study involves new phrasings for the provisions of the
said legislative acts.
Keywords:
prosecutor, prosecutor status, prosecutor competence, initiating a case, proceedings on a case, prosecutor supervision, protest on a decision, administrative prosecution, supervising prosecutor, administrative offence.
Reference:
Volchenko, T.I..
On improvement of administrative legal mechanism for the international cooperation of the customs bodies of the
Russian Federation in the proceedings on administrative offences cases.
// Administrative and municipal law.
2014. № 7.
P. 673-679.
DOI: 10.7256/2454-0595.2014.7.65177 URL: https://en.nbpublish.com/library_read_article.php?id=65177
Abstract:
The article concerns innovations in the administrative legal regulation of the international cooperation in the
sphere of customs bodies of the Russian Federation in the administrative offence proceedings under the amended Chapter
29.1 of the Administrative Offences Code “Legal Aid on Administrative Offences Cases”. The author pays attention
to the absence of legal definition of the term “legal aid on administrative offences cases”, that is why for the purpose
of scientific studies of the definition of this term, the author analyzes the definitions of international legal aid and legal
aid on criminal cases. The article also provides for the causes for the legislative provision of this form of international
cooperation in the administrative offences proceedings. In addition, the author analyzes the specific features of provision
of legal aid on administrative offences cases in regard to the activities of the customs bodies of the Russian Federation.
The methodological basis for the study is formed with the dialectic materialism, and the system of general and specific
scientific methods, which is based upon it, including: formal logical method, systemic method, method of comparative
legal studies, etc. The author provides a definition of the term “legal aid on administrative offences cases”, offering to
introduce into the scientific turnover the term “legal aid in the process of administrative offences proceedings by the
customs bodies of the Russian Federation”. In addition based upon the study the author formulates the conclusion that
provision of legal aid on administrative offences cases is an element of administrative process ( proceedings on administrative
offences cases) in the activities of customs bodies of the Russian Federation.
Keywords:
legal aid, international cooperation, provision of legal aid, customs bodies, administrative offences, reciprocal principle, international treaty, proceedings on a case, customs offences.
Reference:
Babayan, K.A..
Principles of proof in administrative jurisdiction activities of the customs bodies.
// Administrative and municipal law.
2014. № 7.
P. 680-688.
DOI: 10.7256/2454-0595.2014.7.65178 URL: https://en.nbpublish.com/library_read_article.php?id=65178
Abstract:
The object of studies includes combination of legal norms, theoretical provisions and aspects of practical activity
defining the principles of activities of customs bodies officials regarding evidence and proof in the administrative
offences proceedings. The immediate object of the studies includes both the norms of administrative procedural law
and the norms of material law regulating the relations, which appear in the relating regarding the movement of goods
and vehicles through the customs border of the Customs Union. The theoretical basis for the study was formed with the
provisions of the theory of proof, administrative process and other procedural branches of law, as well as of the customs
law. The article also involves analysis of some aspects of law-enforcement activities of structural divisions and officials
of the customs bodies, taking part in the process of proof on administrative offences cases. In the process of studies the
author used dialectic method of scientific cognition, reflecting the interrelation between theory and practice, general
theoretical methods: deduction, analysis, synthesis, analogy. The author also involved method of comparative legal studies.
The issues regarding the principles of procedural proof in administrative offence cases within the competence of the
customs bodies did not previously form an object for independent studies. The conclusions are as follows: the author
provides classification of the administrative procedural proof with due respect to the specific features of administrative
jurisdiction activities of the customs bodies — the adversarial nature of proof in administrative jurisdiction activities of
the customs bodies in relation with the judicial proof (viewing the cases on concealment of goods from customs control
under Art. 16.1 p.2 of the Administrative Offences Code of the Russian Federation), judicial challenging of decisions of the
customs bodies on administrative offences cases; there is need to clarify the list of persons, for whom there are special
conditions for the application of injunctions on administrative offences cases and administrative responsibility. It is also offered to amend the legislation in order to include the principle of fairness in part of making decisions on administrative
offence cases. There is also need to widen the scope of competence of tax bodies for initiation and resolution of cases
regarding violation of the procedure for the international automobile transportation through the state border of the Russian
Federation. There is need to clarify the procedural status of the representative of an organization or an individual
entrepreneur in the process of examination of premises and territories, as well as objects and documents there in the
process of implementation of various types of state control (supervision) by the customs bodies, since the requirements
to the evidence are analogous to those for typical evidence on administrative offences cases.
Keywords:
process of proof, administrative jurisdiction process, violations of customs rules, principles of proof, adversarial procedure, evidence, customs bodies, customs control, administrative offences, customs work.
Reference:
Prokofiev, K.G..
Subjects of administrative responsibility for the violation of procedure for the organization and holding of gatherings,
meetings, demonstrations, walks and picketing.
// Administrative and municipal law.
2014. № 5.
P. 417-424.
DOI: 10.7256/2454-0595.2014.5.64243 URL: https://en.nbpublish.com/library_read_article.php?id=64243
Abstract:
The development of democratic principles an institutions of people’s rule takes place in a complicated and
contradictory situation. That is why, the state needs to take maximum effort in order to guarantee public order, and to protect the right of people in the process of public political events. In the conditions of political instability in the Russian
society the separatist and extremist tendencies are growing. That is why, formation of additional legal and organizational
mechanisms for minimizing the defects in the development of the Russian political system is especially topical. The right
to organize, hold and participate in meetings, gatherings, demonstrations, walks and picketing is a general democratic
an constitutional value. It allows citizens and their associations to take part in the political life of the state, to show their
demands to the state and to support their interests within the wide range of social issues. The methodological basis for
the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the
author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis,
analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for
specific sociological studies (statistical, expert evaluation, etc.). Taking into account the gravity of some administrative
offences taking place when holding meetings, gatherings, demonstrations, walks and picketing, it is offered to amend
Art. 4.3 “Circumstances aggravating administrative responsibility” of the Administrative Offences Code of the Russian
Federation, and include p.7, where it should be stated that an aggravating circumstance for the participant of a public
event is use of Nazi attributes and symbols or public demonstration of attributes or symbols of extremist organizations
in the course of relevant event.
Keywords:
responsibility, offence, elements of an offence, punishment, qualification, meeting, demonstration, walk, picketing, organizer.
Reference:
Serov, A.S..
On the issue of legal status of a person towards whom the proceedings on administrative offence case are implemented.
// Administrative and municipal law.
2014. № 5.
P. 425-429.
DOI: 10.7256/2454-0595.2014.5.64244 URL: https://en.nbpublish.com/library_read_article.php?id=64244
Abstract:
The studies of the administrative legal position of the participants of proceedings on administrative
offence cases are quite topical. It is due to a whole range of circumstances, one of which is the fact that for all of
the branches of law the legal position of a subject of law is key, revealing the main legal institutions. Additionally,
the development of the Russian legislation on administrative offences is characterized with certain difficulties
and contradictions. That is why, the studies of administrative positions of the participants of the proceedings on
administrative offence cases may reveal a number of contradictions, serving as obstacles in the way for achieving
the goals of the proceedings on administrative offences cases. All of these and a number of other circumstances
provide for the need to improve the norms of administrative law, defining the legal position of the participants of
the proceedings on administrative offences cases. The methodological basis for the scientific article was formed by
the current achievements of the theory of cognition. In the process of studies the author used general philosophical,
theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation,
modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies
(statistical, expert evaluation, etc.). The issue of subjects of the branch of law is one of the most topical and
complicated ones in the legal science. Its correct resolution influences the object and method of legal regulation,
clear definition of the addressees of the legal norms, amount of their rights and obligations, limitations to
the application of legal norms in the relevant discipline and its principles. The studies devoted to the subjects
of administrative law facilitate the development of recommendations for the legislative and law-enforcement
activities, assisting development of recommendations for legislative and law-enforcement activities, they are also
necessary for the organization of the scientific work of scientists specializing in administrative law.
Keywords:
status, positions, rights, obligations, responsibility, guarantees, regulation, coercion, sanction, influence.
Reference:
Izyumova, E.S..
Administrative prejudicing of criminal responsibility for the unlawful organization of gambling activities.
// Administrative and municipal law.
2014. № 4.
P. 325-332.
DOI: 10.7256/2454-0595.2014.4.64184 URL: https://en.nbpublish.com/library_read_article.php?id=64184
Abstract:
The article is devoted to introduction of the administrative prejudicing in the criminal legislation of
Russia. The author provides a constructive analysis of various viewpoints regarding the possibility for the
application of administrative prejudicing in the criminal law of Russia. The author also evaluates the problems
of applying criminal and administrative responsibility for the unlawful organization of gambling regarding the
issue of responsibility of a person, who organizes unlawful gambling, does not receive the profits from it. Within
the framework of the study the author turns to the history of the formation of the administrative prejudicing
construction in the Russian legislation. Administrative prejudicing is making a person responsible for a crime due
to him previously committing an analogous administrative offence. Administrative prejudicing may be applied in
two forms. The first form provides that a person, who was previously found guilty for the administrative offence is
brought to criminal responsibility for committing the same offence for the second time. The second construction
provides for the period of committing repeated offences as a qualifying element. The article contains a proposal
for introduction of the administrative prejudicing of criminal responsibility for unlawful organization of gambling
activities and introduction of the relevant amendments into the Administrative Offences Code of the Russian
Federation and the Criminal Code of the Russian Federation, substantiating the need for the said changes.
The author also offers to resolve the conflict of laws of criminal and administrative legislation regarding the
period for bringing a person to criminal responsibility with due regard for the introduction of the administrative
prejudicing construction.
Keywords:
administrative prejudicing, unlawful gambling activity, administrative responsibility, conflict of laws, judicial decision, the Criminal Procedural Code, pro et contra, administrative offence, prevention.
Reference:
Serov, A.S..
Administrative procedural guarantees of participants in the proceedings in the administrative offence cases.
// Administrative and municipal law.
2014. № 3.
P. 225-233.
DOI: 10.7256/2454-0595.2014.3.64085 URL: https://en.nbpublish.com/library_read_article.php?id=64085
Abstract:
The study of administrative legal position of the participants in the administrative offences cases shows that
the problem of guarantees of rights and lawful interests of a person in the proceedings on administrative offences
cases has several main aspects regarding the proceedings on the cases of administrative offences; application of
administrative coercion measures in general, activities of the state regarding guarantees of rights and lawful interests
of the state in the administrative law sphere. In the Russian Federation the system of state protection of human rights
and basic freedoms is established and it included the rights and freedoms of a victim of an administrative offence.
In the process of development of administrative legislation the activities of state bodies and officials implementing
proceedings on administrative offence cases there was shift from the principle of protection of rights and interests of
the state, society and individual. The methodological basis for the work was formed by the modern achievements of
the cognitive theory. In the process of studies the author used general philosophical, theoretical and empiric methods
(dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal
methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation,
etc.). The legal position of the participants of the proceedings on the administrative offences cases is characterized by
a complex of rights and obligations, which are based upon the constitutional rights and obligations of an individual,
having its own specificities, additional rights and obligations. Additionally, the legal position of the participants of the
administrative offence cases includes legal responsibility, which takes place in cases of non-performance or undue
performance of their obligations.
Keywords:
guarantee, process, participant, status, regulation, coercion, organization, proceedings, stage, person.
Reference:
Konstantinova, L.V..
Improvement of the legal regulation of the proceedings on administrative offence cases within the competence of
the customs bodies within the framework of the functioning Customs Union.
// Administrative and municipal law.
2014. № 3.
P. 234-240.
DOI: 10.7256/2454-0595.2014.3.64086 URL: https://en.nbpublish.com/library_read_article.php?id=64086
Abstract:
The article concerns topical issues regarding proceedings on administrative offence cases within the
competence of the customs bodies within the framework of the functioning Customs Union. The author analyzes the
administrative legislation of the Member States of the Customs Union regarding violation of customs rules in the
sphere of procedure for initiation of cases on failure to deliver the goods. It is noted that the Administrative Offences
Code of the Russian Federation establishes responsibility for the failure to deliver the goods carried in accordance with
the customs transit no matter what customs body defines the place of delivery and whether the place where the goods
should be delivered to is situated in the territory of the Russian Federation or in the territory of the Party. However,
since the Republic of Belarus and the Republic of Kazakhstan still did not take measures for the unification of their administrative legislation, it forms prerequisites for the situations when persons, who have committed violations of
the requirements of the customs legislation of the Customs Union of the Russian Federation may avoid responsibility
and have the sustainable schemes for avoiding payment of the customs fees.
Keywords:
unification of legislation, delivery of goods, carrier, the Customs Union, administrative offences, customs transit, administrative responsibility, legal regulation, customs bodies, transit.
Reference:
Akimova, N.V..
On the issue of efficiency of administrative legal means of fighting offences in the sphere of copyright
// Administrative and municipal law.
2014. № 2.
P. 119-127.
DOI: 10.7256/2454-0595.2014.2.63955 URL: https://en.nbpublish.com/library_read_article.php?id=63955
Abstract:
The article concerns specific features of application of administrative legal means for the guarantees of the
protection of legal formation of mechanisms for the legal protection of copyright, which would conform with the
modern needs. Having analyzed the issue of role and place of administrative coercion within the sphere of fighting
offences against copyright and grounds for its application, the author notes that administrative legal preventive
measures in the sphere of copyright protection have some positive features, which are due to its comparative
ease and fast implementation, allowing for operative reaction to the copyright violations. Additionally, application
of administrative legal measures is possible in a number of cases, and in the copyright sphere in particular in a
preventive way without the offences, which makes it more efficient towards both natural persons and legal entities.
Also, the administrative decisions may be used in future as evidence of copyright violation by a respondent in a
civil or an arbitration process. In the process of preparation of this article the author used the comparative legal
method, sociological method of systemic analysis, comparative and historical comparative method, and the structural
functional method. Discussing efficiency of administrative legal sanctions, it is noted that it depends both at their
unavoidable and operative application, and their efficiency, which relates to the amounts of monetary fines. At the
same time, the author states that higher sums of administrative fines should be regarded from a fiscal standpoint,
that is, these measures should not be aimed at income into federal and regional budgets.
Keywords:
copyright, administrative legal sanctions, basis for legal responsibility, administrative coercion, offence, evidence, counteraction, efficiency, convincing, politics.
Reference:
Panshin, D.L., Dresvyannikova, E.A..
Procedure and period of entry into force of the decisions on
administrative offence cases.
// Administrative and municipal law.
2013. № 12.
P. 1088-1091.
DOI: 10.7256/2454-0595.2013.12.63625 URL: https://en.nbpublish.com/library_read_article.php?id=63625
Abstract:
The current Russian administrative legislation provides that the decision on the administrative offence
case, including those in the sphere of road traffic security, comes into force after ten day period provided for filing
appeal and the period starts from the day when the copy of the decision is received by an offender. However, until
an offender gets the decision the period for appeal does not start, and therefore, it is hard to establish when in
particular the decision shall come into force. The analysis of current arbitration procedural, criminal procedural
and civil procedural legislation and judicial practice shows that the decisions in other spheres of procedural law
come into force once the period for appeal is over and it is calculated starting from the day when a decision or a
judgment was made, and the period for notification and posting are included into the period.
Keywords:
code, offence, administrative, arbitration, criminal, civil, procedural, decision, period, service.
Reference:
Kim, N.I..
On the practice of assignment of an administrative fine for the offences in the sphere of
customs.
// Administrative and municipal law.
2013. № 12.
P. 1092-1096.
DOI: 10.7256/2454-0595.2013.12.63626 URL: https://en.nbpublish.com/library_read_article.php?id=63626
Abstract:
T he a rticle i ncludes a nalysis o f t he a mendments i nto t he l egislation o n a dministrative o ffences
regarding establishing the amount of an administrative fines, which took place in 2012. Based upon the results
of the legal practice of the customs bodies and the courts on the cases regarding administrative responsibility for
the offences in the sphere of customs, the author uncovers topical issues regarding assignment of administrative
fines f or t he v iolations o f c ustoms r ules. It i s s ubstantiated t hat t he e xisting o rder o f c alculating f ines i n t he
many-fold amount compared to the cost of the object of an offence and differentiated depending on the category
of persons/entities being offenders causes legal uncertainty and breaches the rights of delinquents. Taking into
account the legal positions of the Constitutional Court of the Russian Federation, the author makes proposals on
the improvement of the norms of the Administrative Offences Code of the Russian Federation in order to establish
a unified approach towards establishing the cost of offence objects for the purpose of calculating the amount of
fines for customs offences.
Keywords:
administrative offence, administrative punishment, administrative fine, violation of customs rules, the Constitutional Court of the Russian Federation, administrative offence, customs cost, non-declaring, physical persons, the Administrative Offences Code of the Russian Federation.
Reference:
Panfilov, A.N..
Administrative responsibility for the violations in the sphere of protection of cultural
heritage objects in the Russian Federation.
// Administrative and municipal law.
2013. № 12.
P. 1097-1105.
DOI: 10.7256/2454-0595.2013.12.63627 URL: https://en.nbpublish.com/library_read_article.php?id=63627
Abstract:
The protective provisions of the Administrative Offences Code of the Russian Federation regarding the
responsibility for the violations in the sphere of protection, preservation, and use of cultural heritage objects were
amended substantially in 2013. The existing provisions on offences were clarified and new types of offences were
introduced, the amounts of fine were enlarged, and there were also changes in the competence of courts regarding
administrative offence cases. The article provides analysis of administrative offences in the sphere of protection
of historical and cultural heritage objects in the light of the legislative novelties, and the author formulates the
propositions for the improvement. Noting the need to amend the material elements of an administrative offence
under Art. 7.15 part 2 of the Administrative Code of the Russian Federation the author supports the position that
harming or destruction of the object of archeological heritage while holding archeological field work may only
be committed with direct intent. Accordingly, such acts of persons and officials should be qualified under Art. 243
of the Criminal Code of the Russian Federation.
Keywords:
object of cultural heritage, object of archaeological heritage, lands designated for historical and cultural purposes, administrative offence, administrative responsibility, administrative fine, elements of an administrative offence, unlawful act, sanction, confiscation.
Reference:
Nikiforov, A.V..
Competence of tax bodies when administering responsibility for tax crimes.
// Administrative and municipal law.
2013. № 11.
P. 1051-1057.
DOI: 10.7256/2454-0595.2013.11.63395 URL: https://en.nbpublish.com/library_read_article.php?id=63395
Abstract:
This article concerns competence and status of tax bodies in cases of administering responsibility for tax
crimes to taxpayers and tax agents. Much attention is paid to the competence of tax bodies when transferring to the
investigative bodies the tax audit results in order to establish whether a criminal case should be opened. It is noted
that a tax body is a subject, which defines the further course of actions for the criminal prosecution. The author analyzes
the issue of whether it is acceptable for a tax body to transfer tax audit materials to the investigative bodies, if
the court has suspended the enforcement of tax body decision as well as the tax payment notice for payment of the
arrears. The author makes a conclusion that injunction measures in the form of suspension of enforcement of a certain
non-normative legal acts excludes the possibility for a tax body to take any actions aimed to collect taxes, fines and
penalties, and it stands for a prohibition of any actions based on the disputed act .
Keywords:
tax body, tax crimes, tax agent, taxpayer, tax audit, law-enforcement bodies, tax, arrears, criminal law, injunctions.
Reference:
Obydenov, V.V..
On the issue of elements of mitigating circumstances for administrative liability and their
correlation to the release of administrative liability
// Administrative and municipal law.
2013. № 10.
P. 965-975.
DOI: 10.7256/2454-0595.2013.10.63350 URL: https://en.nbpublish.com/library_read_article.php?id=63350
Abstract:
The article concerns legal and organization-related implementation problems regarding the mitigating
circumstances for administrative liability. The author establishes the position of these circumstances within the
mechanism of administrative penalty enforcement in the sphere of activities of federal executive bodies. The article
includes correlation between the mitigating circumstances for administrative liability and release of administrative
liability.
Keywords:
jurisdiction, principle, mitigation, liability, humanism, procedure, process, punishment, the Administrative Offences Code of the Russian Federation, elements, offence.
Reference:
Panshin, D.L..
Some topical issues regarding use of disqualification from driving vehicles as a penalty for
administrative offences in the sphere of road traffic
// Administrative and municipal law.
2013. № 10.
P. 976-979.
DOI: 10.7256/2454-0595.2013.10.63351 URL: https://en.nbpublish.com/library_read_article.php?id=63351
Abstract:
The cause for the study of the problem of defining the subject of administrative offences in the sphere of road
traffic was paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of October 24,
2006 N.18 “On some issues arising before the courts when applying Special Part of the Administrative Offences Code of
the Russian Federation” (with amendments of November 11, 2008), where it is stated that the administrative punishment
in form of disqualification from driving vehicles under Art. 2.8 of the said Code may be assigned only to those
person, having such a right, or those persons, who have lost this right before in accordance with the law. Analysis of
the provisions of part 1 of the Article 3.8 of the Administrative Offences Code of the Russian Federation allows to draw
a conclusion that deprivation of special right, such as a right to drive vehicles may be applied only to physical persons,
who have previously gained such a right by being provided a driver’s permit by the competent state bodies.
Keywords:
subject, person, owner, right, driving, user, offence, Plenum, court, Constitution.
Reference:
Strigunova, N.Y..
Proof on administrative offences cases in the sphere of customs in the Customs Union
EurASEC Member States (comparative legal analysis)
// Administrative and municipal law.
2013. № 10.
P. 980-985.
DOI: 10.7256/2454-0595.2013.10.63352 URL: https://en.nbpublish.com/library_read_article.php?id=63352
Abstract:
The article contains comparative legal analysis of proof on administrative offence cases in the sphere of customs
in the Customs Union EurAsEC Member States: the Russian Federation, the Republic of Belarus, the Republic of
Kazakhstan. The author evaluates the specific features of legal regulation regarding proof in administrative cases in
the sphere of customs in the national legislation of the Customs Union Member States, uncovering similarities and differences
in them. As a result of the analysis the author casts light upon the shortcomings and problems in the Russian
legislation on administrative offences. The object of study is topical within the framework of formation and functioning
of the Customs Union of the EurAsEC.
Keywords:
customs union, comparative law, evidence, proof in proceedings in administrative cases, the customs authorities, the offense punishment, control, regulation, border, customs.
Reference:
Adarchenko. E.O..
Administrative responsibility of legal entities of public law
// Administrative and municipal law.
2013. № 9.
P. 893-897.
DOI: 10.7256/2454-0595.2013.9.63192 URL: https://en.nbpublish.com/library_read_article.php?id=63192
Abstract:
The Administrative Offences Code of the Russian Federation provides for a variety of subjects of administrative
responsibility. However, the definition of administrative responsibility is absent in the Code, and it is being an
object of an endless scholarly discussion. Taking into account the existence of legal entities of public law, which are not
provided for in the Code, it is necessary to single out their type of administrative responsibility. The article contains
an analogy between administrative responsibilities of legal entities of public law and officials, since both of them are
subjects having public power. Special attention is paid to administrative responsibility of the state and its bodies as a
type of legal entities of public law. Administrative responsibility of state corporations is also compared with the administrative
responsibility of state bodies, and not the non-commercial organizations, to which they belong.
Keywords:
administrative responsibility, legal entity, official, state, executive bodies, state corporation, subjects of administrative law, private law, public law, power.
Reference:
Panshin, D.L., Dresvyannikova, E.A..
Period and order of implementation of the decision on imposing a fine
as an administrative punishment.
// Administrative and municipal law.
2013. № 9.
P. 898-900.
DOI: 10.7256/2454-0595.2013.9.63193 URL: https://en.nbpublish.com/library_read_article.php?id=63193
Abstract:
In the modern administrative practice on payment of fines imposed as administrative punishment it is recognized
that the term for voluntary payment lasts 60 days. However, this is not correct. The authors of this article pay
attention to the period of time, when, firstly, a person voluntarily pays a fine, and, secondly, when an official enforces
payment. As a general rule, Art. 32.2 p.1 of the Administrative Offences Code provides for a 60 days period during
which a decision on an administrative fine should be voluntarily implemented. Therefore, there is need for a document
proving payment of a fine and information on its payment should be in the relevant information databases. However,
no one seems to take into account Chapter 31 of the Administrative Offences Code of the Russian Federation, where it
is directly provided that the decision is object to obligatory performance from the moment, when it comes into force.
It therefore should be implemented by a judge, body or official, who has made the decision, and in three days period
it should be provided to the law enforcement officers, which is not always fully adhered to. Therefore, the principle of
inevitability of punishment is not duly implemented.
Keywords:
implementation, procedure, extension of payment, suspension of payment, period, administrative, offence, decision, body, competent.
Reference:
Panshin, D.L., Dresvyanniova, E.A..
The issues of entry into force
of the decisions in the administrative cases
on offences in the sphere
of road traffic safety
// Administrative and municipal law.
2013. № 8.
P. 831-832.
DOI: 10.7256/2454-0595.2013.8.63124 URL: https://en.nbpublish.com/library_read_article.php?id=63124
Abstract:
At the current stage of development of the Russian administrative legislation in the sphere of road traffic
safety, the issue of implementation of the principle of inevitability of punishment. Development of normative
regulation in the sphere of enforcement of decisions on administrative fines and other administrative punishments
is high priority in this sphere. In the opinion of the authors there is a conflict of norms of administrative legislation
and enforcement legislation in the sphere of punishments with administrative fines and its enforcement. Firstly, if
in 60 days after the court decision came into force (or since the end of the suspension or postponement period for
this decision) there is no information on voluntary payment of administrative fine, under Art. 32.2 of the Code on
Administrative Offences of the Russian Federation the decision should be transferred for enforcement to the court
enforcement officers. Secondly, under Art. 8 of the Federal Law “ On Enforcement Proceeding” provides for the
possibility of transfer of decision on administrative fine directly to banks or other credit organizations for payment
from the accounts of debtor.
Keywords:
enforcement, implementation, decision, term, court enforcement officer, credit, bank, direction, punishment, organ, organization, security, control, decision, fine.
Reference:
Agapov, A.B..
Public coercion or social sanitation…
// Administrative and municipal law.
2013. № 7.
P. 743-752.
DOI: 10.7256/2454-0595.2013.7.62975 URL: https://en.nbpublish.com/library_read_article.php?id=62975
Abstract:
The article includes analysis of organizational and legal problems regarding implementation of the administrative
responsibility, and it is noted that the current legislation on administrative offences lacks the definition of
administrative offence, which is not a positive matter. In scholarly writing administrative responsibility is defined as
an administrative coercive measure, which is applied to physical and legal entities. The measures of administrative
responsibility are administrative punishments, which include proprietary and non-proprietary limitations of rights,
and which are implemented within an established procedural order.
Keywords:
public, responsibility, offence, punishment, guilt, guilty, sanitation, sanction, coercion, threat
Reference:
Astanin, G.V..
Administrative responsibility of insolvency officers in legislations of the Russian Federation
and Ukraine: comparative analysis.
// Administrative and municipal law.
2013. № 7.
P. 753-757.
DOI: 10.7256/2454-0595.2013.7.62976 URL: https://en.nbpublish.com/library_read_article.php?id=62976
Abstract:
The article includes comparative analysis of the elements of the institution of administrative responsibility
of insolvency officers under the current legislations of the Russian Federation and Ukraine. Most of attention is paid
to the grounds for administrative responsibility and types of measures of administrative responsibility. The author
notes similarities and differences in legislation and law-enforcement practice in two states. The attention is drawn to
some topical issues of general theory of administrative responsibility, as applied to bankruptcy (insolvency).
Keywords:
insolvency officer, administrative responsibility, administrative offence, bankruptcy, insolvency, sanitation, entrepreneurs, corruption, legal entities, debtor, creditor
Reference:
Dobrobaba, M.B..
The problem of searching for the factual bases of disciplinary responsibility of state
servants
// Administrative and municipal law.
2013. № 6.
P. 631-640.
DOI: 10.7256/2454-0595.2013.6.62791 URL: https://en.nbpublish.com/library_read_article.php?id=62791
Abstract:
The absence of generally accepted understanding of the disciplinary offence as a basis for the disciplinary
responsibility of state employees in the service law calls for the search of new factual bases. Having analyzed the
norms of legislation on responsibility of state employees (servants) the author correlates the definition of disciplinary
offences of state employees (servants) with the definition of disciplinary offence in labor law. She singles out specific
features and shortcomings of the normative provisions for the disciplinary offences of civil state servants, military
officers, and the law-enforcement officers, then she offers her own definition for the bases for the bringing state servants
to responsibility, which should be unified in the service law. Having studied the theoretical provisions and practice
of normative legal regulation, the author distinguishes the disciplinary offences from crimes and administrative
offences. The result of the study is the conclusion, that neither administrative offences, nor the immoral acts, should
not serve as independent bases for bringing state servants to disciplinary responsibility. The only acceptable ground
for bringing state servants to disciplinary responsibility is disciplinary offence.
Keywords:
state employees (servants), state service discipline, bases for responsibility, offence, disciplinary offence, crime, administrative offence, immoral act, corruption act.
Reference:
Shurukhnov, N.G..
Problems of application of administrative responsibility for the delivery or attempt of
delivery of means of communication and the objects guaranteeing such communication to the persons detained
at the institutions of criminal penitentiary system
// Administrative and municipal law.
2013. № 6.
P. 641-644.
DOI: 10.7256/2454-0595.2013.6.62792 URL: https://en.nbpublish.com/library_read_article.php?id=62792
Abstract:
The article is concerned with the topical issues regarding delivery of means of communications to the persons
detained in the institutions of criminal penitentiary system. Under Art. 9 of the Criminal Penitentiary Code of
the Russain Federation the key instrument for the correction of the convicts is the regime of serving sentence, as
established by Federal Laws of the Russian Federation, normative legal acts of the Ministry of Justice of the Russian
Federation, and the Federal Service for the Execution of Punishments of the Russian Federation. It guarantees protection
and isolation of the convicts, constant supervision, implementation of their obligations, rights and lawful
interests, as well as their personal security.
Keywords:
regime of serving a sentence, officials, institutions, bodies, criminal penal, system, competent, to fill out, protocols, prohibited, objects, things, foodstuffs, administrative responsibility for delivery of means of communications to convicts.
Reference:
Gorb, S. V..
Aims of Legislation on Administrative Offence
// Administrative and municipal law.
2013. № 4.
P. 355-356.
DOI: 10.7256/2454-0595.2013.4.62541 URL: https://en.nbpublish.com/library_read_article.php?id=62541
Abstract:
The author of this article evidently shows the need in a new modern definition of aims of legislation on
administrative offence. The author analyzes the structure of aims of legislation on administrative offence and
compares aims set forth by the Administrative Offence Code of the Russian Federation with other branches of law.
Based on the results of the study, the author makes certain suggestions on wording of Article 1.2 of the Administrative
Offence Code of the Russian Federation.
Keywords:
aims, law, administrative, responsibility, modern, definition, style, efficient, protection.
Reference:
Kurakin, A. V., Kalinina, N. S..
Administrative Responsibility and its Implementation in the Sphere of Law
Enforcement during Meetings, Demonstrations, Rallies, Marches and Picketing
// Administrative and municipal law.
2013. № 3.
P. 270-279.
DOI: 10.7256/2454-0595.2013.3.62443 URL: https://en.nbpublish.com/library_read_article.php?id=62443
Abstract:
The article is devoted to the problems of implementing measures of administrative responsibility for violation
of law on meetings. It is note that there are a lot of legal and organizational problems on the way to implementation
of such measures of legal responsibility.
Keywords:
meeting, march, responsibility, enforcement, control, violation, freedom, manifestation, picketing, picketer, law, prohibition, liability.
Reference:
Alkhutova, E. Yu..
Definition and Meaning of Administrative Responsibility as Part of Purposes and Goals
of the Prosecutor’s Supervision over Administrative Jurisdiction Authorities Enforcing the Law in the Sphere
of Economics
// Administrative and municipal law.
2013. № 2.
P. 157-162.
DOI: 10.7256/2454-0595.2013.2.62128 URL: https://en.nbpublish.com/library_read_article.php?id=62128
Abstract:
Based on the analysis of previously provided definitions of administrative responsibility, the author makes
the definition of administrative responsibility to be used for the purposes of the prosecutor’s supervision over administrative
jurisdiction authorities enforcing the law in the sphere of economics. The author also describes the
principles of administrative responsibility as a measure of state enforcement. The results of the study will be interesting
for researchers and can be used in organizing and providing the prosecutor’s supervision over administrative
jurisdiction authorities enforcing the law in the sphere of economics.
Keywords:
responsibility, supervision, prosecutor’s office, economics, principles, definition, signs, enforcement, legal provision.
Reference:
Badulin, A. D..
Institution of Administrative Responsibility and its Implementation in the Sphere of
Production and Turnover of Alcohol and Alcohol-Containing Products
// Administrative and municipal law.
2013. № 1.
P. 59-67.
DOI: 10.7256/2454-0595.2013.1.62055 URL: https://en.nbpublish.com/library_read_article.php?id=62055
Abstract:
Institution of administrative responsibility plays an important role in law enforcement in the sphere of
alcohol products. Administrative responsibility for violations in the sphere of production and turnover of alcohol and
alcohol containing products is the administrative enforcement measure for an administrative offence. Administrative
responsibility for violating the law on alcohol and alcohol containing products is enforced according to an established
procedure using sanctions as prescribed in the Special Part of the Administrative Offence Code as well as provisions
of the Russian Federation constituents’ laws on administrative offence.
Keywords:
alcohol, product, responsibility, violation of law, alcohol, regulation, compound, Federal Service for Alcohol Market Regulation, administration, vodka, wine.
Reference:
Badulin, A. D..
Principels of Administrative Responsibility for Violations in the Sphere of Production and Turnover
of Ethanol, Alcoholic and Alcohol-Containing Products
// Administrative and municipal law.
2012. № 11.
P. 54-62.
DOI: 10.7256/2454-0595.2012.11.61631 URL: https://en.nbpublish.com/library_read_article.php?id=61631
Abstract:
The article studies the principles of administrative law methods of ensuring a legal order in the sphere
of turnover of alcoholic products. The author of the article notes that Russia is now having a critical situation in
respect to consumption of alcoholic products. Alcoholic addiction is becoming a natinal tragedy and government’s
measures bring no success. Therefore, it would be very topical to study the principles of enforcing administrative
responsibility for violations in the sphere of production and turnover of ethanol, alcoholic and alcohol-containing
products.
Keywords:
principle, production, alcohol, ethanol, responsibility, turnover, abuse, addict, death, alcohol addiction, consumption, supervision, toxication, product, responsibility, regulation.
Reference:
Sidorov, E. I..
Legal Characterstics and Features of Administrative Responsibility for Violation of Custom Regulations
// Administrative and municipal law.
2012. № 11.
P. 62-66.
DOI: 10.7256/2454-0595.2012.11.61632 URL: https://en.nbpublish.com/library_read_article.php?id=61632
Abstract:
The article is devoted to topical issues of legal characteristics and features of administrative responsibility for
violating custom rules under conditions of creation and functioning of the Customs Union. The author studies the legal
grounds, term, purpose, peculiarities anad the role of custom authorities in administrative and judicial processes as
well as the procedural implementation. Despite liberalization of administrative and tax legislation, the level of administrative
offenses is still rather high nowadays.
Keywords:
Customs Union, Federal Law ‘On Custom Regulation in the Russian Federation’, Administrative Code of the Russian Federation, Federal Custom Service of Russia, administrative responsibility for violation of custom rules, officials of custom authorities, legality, special subjects of administrative responsibility, illegality, guilt, punishment.
Reference:
Ilyina, T. A..
On the Question about Administrative Responsibiilty of the Underaged
// Administrative and municipal law.
2012. № 10.
P. 57-62.
DOI: 10.7256/2454-0595.2012.10.61500 URL: https://en.nbpublish.com/library_read_article.php?id=61500
Abstract:
The article is devoted to problematic issues of administrative responsibility of the underaged. The author
studies peculiarities of the administrative status of the underaged and reveals the educational nature of administrative responsibility. Based on the analysis, the author of the article proves the need in certain amendments to regulatory
acts of the Administrative Offence Code of the Russian Federation regulating administrative responsibility of
the underaged.
Keywords:
administrative responsibility, underaged persons, administrative regulations, administrative offence, legal status.
Reference:
Yapryntsev, E. V..
Issues of Bringing to Administrative Responsibility in the Sphere of the Apartment
Building Management
// Administrative and municipal law.
2012. № 10.
P. 63-68.
DOI: 10.7256/2454-0595.2012.10.61501 URL: https://en.nbpublish.com/library_read_article.php?id=61501
Abstract:
Based on the analysis of the applicable administrative, administrative procedural and housing legislation
as well as law enforcement practice (court and administrative practice first of all) the author of the article views the
issues of legal regulation of administrative responsibility held by the management units for violations in the sphere
of apartment building management and utility service provision.
Keywords:
Administrative Offense Code of the Russian Federation, responsibiilty, housing and public infrastructure, apartment, violation, operation, code, sanction, imputation.
Reference:
Olimpiev, A. Yu., Sidorova, M. A..
Responsibility for Violations in the Credit Sector in Russia: Pre-Revolutionary
Period
// Administrative and municipal law.
2012. № 8.
P. 56-65.
DOI: 10.7256/2454-0595.2012.8.61302 URL: https://en.nbpublish.com/library_read_article.php?id=61302
Abstract:
The article is devoted to the stages of development of banks in the Russian Federation. The authors describe
the history of responsibility for crimes in the credit sector and pre-revolutionary legal acts regulating responsibility for
crimes in the credit and banking sector. One can understand the nature and content of crime in the credit sector if he
learns patterns and rules of development and functioning of criminal responsibility for violations in this sphere. In this
content, publications of previous years can actually provide a clear idea about banking activities from the moment of
their origin until now as well as previous and current changes in the credit sector of Russia during different periods of
history.
Keywords:
bank, bankers, trading companies, money-changing shops, St. Petersburg loan associations, Private merchant bank, banking process.
Reference:
Kurakin, A.V., Badulin, A.D..
Administrative problems of implementation of the measures of responsibility for
production and sale of alcoholic (spirituous) products, and the alcohol-containing products
// Administrative and municipal law.
2012. № 7.
P. 59-65.
DOI: 10.7256/2454-0595.2012.7.61200 URL: https://en.nbpublish.com/library_read_article.php?id=61200
Abstract:
The article is devoted to the goals of legal regulation of turnover of alcoholic products. The authors analyze
the specific features of this specific type of legal responsibility, and they offer the means to improve administrative legal
guarantees of legal order in the sphere of turnover of alcohol. The authors also note that the situation in the sphere of
intake of alcoholic drinks in Russia is catastrophic, and alcoholism is a national calamity, while the measures, which
are taken by the government fail to take due effect.
Keywords:
alcohol, spirituous, responsibility, turnover, abuse, alcoholic, death, alcoholism, intake, review, poisoning, product, responsibility, regulation.
Reference:
Kurakin, A. V., Babulin, A. D..
The Problem of Implementation of Administrative Measures in the Sphere of
Production and Sales of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products
// Administrative and municipal law.
2012. № 6.
P. 59-66.
DOI: 10.7256/2454-0595.2012.6.59570 URL: https://en.nbpublish.com/library_read_article.php?id=59570
Abstract:
The article studies goals of legal regulation of alcoholic products turnover and describes peculiarities of this
particular type of legal responsibility. The authors of the article also define certain measures that can improve administrative
law enforcement in the sphere of turnover of alcoholic products. It is also noted that Russia is facing a catastrophic
situation in the sphere of alcohol consumption now. Alcohol addiction is turning into a national disaster and
the government attempts to solve this problem do not prove successful.
Keywords:
alcohol, ethyl, responsibility, turnover, sales, abuse, alcohol abuser, death, alcohol addiction, consumption, supervision, intoxication, product, responsibility, regulation.
Reference:
Obydenova, T. V..
Legal Regulation of Administrative Responsibility of the Underage
// Administrative and municipal law.
2012. № 6.
P. 67-69.
DOI: 10.7256/2454-0595.2012.6.59571 URL: https://en.nbpublish.com/library_read_article.php?id=59571
Abstract:
The article studies the legal and organizational aspects of administrative responsibility of minors and describes
peculiarities of performance of the Commission on Juvenile Affairs and police actions in the sphere of prevention
and suppression of juvenile crime. Based on her research, the author of the article makes certain suggestions on
how to improve administrative laws.
Keywords:
minors (underage), prevention, suppression, violation of law, administrative, responsibility, measures, punishment, parents, guardians.
Reference:
Vikokurov, A. Yu., Vinokurov, O. E..
A New Look on the Prosecutor’s Powers Due to Implementation of the
Administrative Offences Code of the Russian Federation
// Administrative and municipal law.
2012. № 5.
P. 34-38.
DOI: 10.7256/2454-0595.2012.5.59544 URL: https://en.nbpublish.com/library_read_article.php?id=59544
Abstract:
The authors of the this article analyze recent innovations in the Federal Law ‘Concerning Public Prosecution in
the Russian Federation’ empowering the prosecution agencies to initiate administrative proceedings and administrative
investigations. The article contains the authors’ point of view regarding the issues of justification, importance and a possibility
of practical implementation of these innovations. Special attention is paid at the discrepancies in legal standards
and the absence of clear regulation of the mechanism of prosecutor’s implementation of his powers.
Keywords:
studies of law, prosecutor, prosecution agencies, initiation of administrative proceedings, administrative investigation, legislative innovations, legislative collisions, administrative prosecution, prosecutor’s decree, law-enforcement practice.
Reference:
Sidorov, E. I..
Problems of Implementation of Arrest of Goods and Vehicles as the Mean of Proceeding of Administrative
Offences in the Sphere of Customs
// Administrative and municipal law.
2012. № 1.
P. 59-62.
DOI: 10.7256/2454-0595.2012.1.59085 URL: https://en.nbpublish.com/library_read_article.php?id=59085
Abstract:
The article is devoted to the topical issues of implementation of one of the means of legal proceedings of administrative
offences – arrest of goods and vehicles. The author of the article studies the legal aspects of such measure, its
role, peculiarities, procedure ad ways of improvement.
Keywords:
Customs Union, Code of Administrative Offences of the Russian Federation, FTS Russia, arrest of goods and vehicles, mean of proceedings, administrative offences in the sphere of customs, custom officials, forms of custom control, legality.
Eng
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