Administrative law and administrative responsibility

2021 ◽  
Author(s):  
Boris Rossinskiy
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Administrative Law ◽  
Bachelor's Degree ◽  
State University ◽  
Law Schools ◽  
Russian State ◽  
The Russian Federation ◽  
Administrative Responsibility

The course of lectures corresponds to the programs of administrative law for students studying in the bachelor's degree program "Jurisprudence", as well as the specialties" Legal support of national security "and"Law Enforcement". The course of lectures summarizes the author's experience of lecturing on administrative law and administrative responsibility at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), the Moscow University of the Ministry of Internal Affairs of Russia, the Academy of the Investigative Committee of the Russian Federation, and a number of other universities. For students, cadets, postgraduates, adjuncts and teachers of law schools and faculties, researchers, employees of state and municipal bodies, persons improving their qualifications.

Administrative law and administrative responsibility

2020 ◽  
Author(s):  
Boris Rossinskiy
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
National Security ◽  
Russian Federation ◽  
Administrative Law ◽  
State University ◽  
Law Schools ◽  
Russian State ◽  
The Russian Federation ◽  
Administrative Responsibility

The lecture course corresponds to the programmes of administrative law for students enrolled in the direction of preparation of bachelors in "Law", as well as the field of "Legal guarantees for national security" and "law Enforcement". This course summarizes the experience of reading the author of the lectures on administrative law and administrative responsibility at the Russian state University of justice (RPA of the Ministry of justice of Russia), Moscow University of MIA of Russia, Academy of the Investigative Committee of the Russian Federation, a number of other universities. For students, cadets, graduate students, adjuncts and professors of law schools and faculties, science officers, employees of state and municipal bodies, individuals, raising the qualification.

scholarly journals Problems of Holding Subjects of Medical Activity Responsible under Administrative Law

2019 ◽  
pp. 27-34
Author(s):  
E. O. Danilov
Keyword(s):  
Law Enforcement ◽  
Medical Care ◽  
Russian Federation ◽  
Health Sector ◽  
Administrative Law ◽  
Medical Activity ◽  
Normative Documents ◽  
The Russian Federation ◽  
Legislative Activity ◽  
Administrative Responsibility

Analysis of normative acts, law enforcement practice and legislative activity indicates the existence of a set of problems concerning imposition of administrative responsibility on subjects of medical activity. Despite the fact that Chapter 6 of the Code of Administrative Offences of the Russian Federation provides for specific elements of offences that are detrimental to the human health, subjects of medical activity are often brought to administrative responsibility for different elements. At the same time, the current Administrative Offences Code of the Russian Federation does not contain rules regarding responsibility for performing illicit medical activity. While considering the cases of imposing administrative responsibility on medical organizations, we raise questions about qualification of offenses imputed to them, which is of particular importance in view of the existing duplication of powers of supervisory bodies. Another problem arises due to the imperfection of normative documents (in particular — the procedures for rendering medical care), for non-compliance with which medical organizations are held accountable. A draft law on improving administrative responsibility in the health sector, which is being considered by the State Duma, does not offer a solution to this problem, but without sufficient justification introduces duplicative special elements of crime into the Code of Administrative Offences of the Russian Federation.

Administrative Liability for Illegal Remuneration on Behalf of Legal Person

10.12737/7545 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Сергей Зырянов ◽  
Sergey Zyryanov
Keyword(s):  
Law Enforcement ◽  
Present Article ◽  
Russian Federation ◽  
Legal Person ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
National Plan ◽  
The Russian Federation ◽  
Russian Law ◽  
Administrative Responsibility

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

scholarly journals ADMINISTRATIVE OFFENSE: ONTOLOGY OF GUILT AND PUNISHMENT

2020 ◽  
pp. 59-66
Author(s):  
Александр Анатольевич Беженцев
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Subsequent Development ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Current Code

Автором исследуется гносеология форм вины в зависимости от степени общественной опасности, делается вывод о том, что признание административным законодательством виновности свойством всех административных правонарушений имеет исключительно важный смысл, так как способствует точному соблюдению принципов социальной справедливости, дальнейшему укреплению законности в стане и отвечает не только требованиям последующего развития административного права, но и нуждам правоприменительной практики административно-юрисдикционной деятельности. Одним из обязательных юридических признаков понятия административного правонарушения является и наказуемость деяния, так как в действующем КоАП РФ применяется как термин «наказание», так и «взыскание». Автор разграничивает данные понятия, делает вывод о том, что наказуемость является одним из необходимых признаков понятия административного проступка, поскольку без административного правонарушения не возможно наказание, точно так же как без причины нет следствия. The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.

scholarly journals Modern Threats to the National Security of Ukraine Related to Incomplete Legal Formalization Process of Ukrainian State Border

2021 ◽  
Vol 39 (68) ◽  
pp. 866-881
Author(s):  
Volodymyr Nikiforenko
Keyword(s):  
National Security ◽  
Russian Federation ◽  
The State ◽  
Potential Threat ◽  
Border Regions ◽  
Russian State ◽  
Border Conflicts ◽  
The Russian Federation ◽  
Sovereign Territory ◽  
The City

The border issue has become particularly urgent for Ukraine since 2014 with the beginning of military aggression by the Russian Federation, the illegal annexation of the Autonomous Republic of Crimea and the city of Sebastopol, as well as the temporary occupation of the part of Ukraine's sovereign territory in the Donetsk and Luhansk regions. The problem of the legal formalization of the Ukrainian-Russian state border requires closer examination in the context of complex relations between two states. This article seeks to analyze the current situation of legal formalization of the Ukrainian state border with neigh bouring countries and highlights the main threats to Ukraine's national security arising from the incomplete process of formalizing the Ukrainian state border with the Russian Federation. It was revealed that the incomplete process of legal formalization of the state border threatened to lose the state part of sovereignty, territorial integrity in sovereign territory. It is concluded that there is a potential threat of escalation of border conflicts and military clashes in Ukraine's border regions, as well as at Ukraine's borders, and the spread of extremist, terrorist, and separatist demonstrations on Ukraine's state border.

PROBLEMS OF ADMINISTRATIVE RESPONSIBILITY FOR AN OFFENCE IN THE FIELD OF DRUGS TURNOVER, PSYCHOTROPIC SUBSTANCES AND THEIR PRECURSORES

2015 ◽  
Vol 10 (5) ◽  
pp. 131-139
Author(s):  
Болотин ◽  
Igor Bolotin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Drug Users ◽  
Legal Regulation ◽  
Administrative Law ◽  
Constitutional Court ◽  
Psychotropic Substances ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The article summarizes the nature and purpose of the institution of administrative responsibility in the sphere of drugs turnover and psychotropic substances, the results of modern research in this area. The problems of its improvement are considered taking into account emerging challenges and conflicts of the implementation of changes in administrative law from the standpoint of the theory of administrative law and enforcement practices and suggestions for their resolution. The problems of applying administrative expulsion to foreign citizens and people without citizenship on the basis of positions of the European Court of Human Rights, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, generalization of the practice of the Federal courts are separately identified. The value and arising problems from the implementation of the mechanism of legal motivation of drug users to treatment and rehabilitation are provided, and suggestions on improving administrative legal regulation in this sphere of public relations are presented.

scholarly journals Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws.

2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Dominant Position ◽  
Antitrust Laws ◽  
The Russian Federation ◽  
Administrative Responsibility

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.

scholarly journals Differntiation between Rational and Sustainable Use of Natural Resources in Land Law

Lex Russica ◽  
2020 ◽  
pp. 54-66
Author(s):  
E. V. Luneva
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
Russian Federation ◽  
Land Reclamation ◽  
Sustainable Use ◽  
Land Law ◽  
Rational Use ◽  
The Russian Federation ◽  
Administrative Code ◽  
Administrative Responsibility

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.

scholarly journals Ответственность за административные правонарушения: стандарты ЕСПЧ и российская практика

2019 ◽  
Vol 3 (52) ◽  
pp. 135-141
Author(s):  
О.Е. Шишкина
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Administrative Law ◽  
European Court ◽  
The Russian Federation ◽  
Systemic Problems ◽  
Judicial Procedure ◽  
Administrative Responsibility

Статья посвящена анализу проблем законодательства Российской Федерации об административных правонарушениях и практики его применения сквозь призму вынесенных против России решений Европейского Суда по правам человека. Автор выделяет стандарты, которые используются Европейским Судом по правам человека. Автор также приводит конкретные дела, рассмотренные Европейским Судом, и формулирует ряд системных проблем российского административно-деликтного права, главную из которых можно обозначить как «материальная расточительность при процессуальной экономии». Автор считает методологической ошибкой российского законодательства объединение в одном Кодексе (КоАП РФ) регулирования судебной процедуры привлечения к административной ответственности, которая должна быть состязательной, и внесудебного инквизиционного порядка рассмотрения дел об административных правонарушениях. . This article is devoted to the analysis of the problems of the legislation of the Russian Federation on administrative offenses and the practice of its application through the prism of the decisions of the European Court of Human Rights against Russia. The author highlights the standards that are used by the European Court of Human Rights. The author also cites specific cases considered by the European Court and formulates a number of systemic problems of Russian administrative law, the main of which can be described as “material waste in procedural economy”. The author considers a methodological mistake of the Russian legislation to unite in one Code (CAO RF) the regulation of the judicial procedure for administrative responsibility, which should be adversarial, and not the judicial inquisitorial procedure for the consideration of cases of administrative offenses.

scholarly journals Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation

Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Law Enforcement Agencies ◽  
Patent Rights ◽  
The Russian Federation ◽  
The Right ◽  
Administrative Responsibility

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.

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