scholarly journals Some problematic issues of establishing administrative responsibility for violations of the legislation of the subjects of the Russian Federation in the field of peace and quiet of citizens

2021 ◽  
Vol 3 ◽  
pp. 12-15
Author(s):  
O.V. Ziborov ◽  
◽  
K.A. Sultanov ◽  

The most urgent problematic issues of establishing administrative responsibility for violating the legislation of the subjects of the Russian Federation in the field of peace and quiet of citizens are considered. Currently, as is known at the federal level, there is no responsibility for violating the peace and quiet of citizens. At the same time, administrative responsibility for the abovementioned illegal acts is established by regional laws on administrative offenses. The main contradictions between the federal and regional legislation on administrative offenses are analyzed. Specific recommendations are proposed to help eliminate the legal gap that has arisen.

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.


2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.


2020 ◽  
Vol 10 ◽  
pp. 67-69
Author(s):  
Vera V. Zinovyeva ◽  

The article examines the concept and essence of administrative responsibility for offenses in the field of land relations in the Russian Federation, identifies the main historical periods of the formation and development of administrative responsibility for the offenses in our country, explores the relationship between the concepts of «land offense» and «offense in the field of protection and use lands».


2018 ◽  
Vol 7 (3) ◽  
pp. 93-98
Author(s):  
Larisa Valerievna Sidyakina ◽  
Vladimir Mikhailovich Vasjukov ◽  
Sergey Vladimirovich Saksonov

Mogutova mountain flora (Zhiguli hill, Samara Region) has about 700 species of vascular plants, 14 species are included in the Red Book of the Russian Federation (2008), 50 species are included in the Red Book of the Samara Region (2017), 7 species are the endemics of the Zhiguli hills. On the Mogutova mountain 48 plant associations were described: 36 associations are represented by forest vegetation, 1 Association is represented by shrubs, 11 associations are represented by herbaceous vegetation. In eight described associations there are 6 endemic species of the Zhiguli hills: in Cerasus fruticosa + Caragana frutex association one endemic species is found - Euphorbia zhiguliensis; in Stipa pennata - Caragana frutex association there are 3 endemics - Cerastium zhigulense, Gypsophila juzepczukii and Thymus zheguliensis; in Stipa capillata + Herbae stepposae and Stipa capillata + Echinops ruthenicus associations there is only Thymus zheguliensis; in Herbae stepposae + Stipa pulcherrima and Stipa pennata + Helianthemum nummularium associations there are 2 endemic species - Gypsophila juzepczukii and Thymus zheguliensis; in Thymus zheguliensis association there are 4 endemics - Cerastium zhigulense, Gypsophila juzepczukii, Sisymbrium pinnatisectum, Thymus zheguliensis; in Schevereckia hyperborea association Poa saksonovii is revealed. The endemics of the Zhiguli hills: Euphorbia zhiguliensis and Thymus zheguliensis are protected at the Federal level, and Cerastium zhigulense, Gypsophila juzepczukii and Poa saksonovii are protected at the regional level.


Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.


2021 ◽  
pp. 39-43
Author(s):  
Л.Н. Сморчкова

В статье исследуются особенности привлечения организаций к административной ответственности по статьям 19.28 и 19.29 КоАП РФ, а также по ряду составов административных правонарушений, косвенно указывающих на наличие в них коррупционной направленности. Рассматривается проблема расширения административной ответственности организаций и лиц в случаях совершения коррупционного правонарушения от имени или в интересах юридического лица. The article examines the features of bringing organizations to administrative responsibility under Articles 19.28 and 19.29 of the Administrative Offenses Code of the Russian Federation, as well as for a number of administrative offenses that indirectly indicate the presence of corruption in them. The problem of expanding the administrative responsibility of organizations of persons in cases of committing a corruption offense on behalf of or in the interests of a legal entity is considered.


Author(s):  
Tatyana Plotnikova ◽  
Andrey Paramonov

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.


10.12737/7545 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Сергей Зырянов ◽  
Sergey Zyryanov

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.


No breakthrough in the economic development of the Russian Federation could be achieved without the maximum utilisation of the inner regional potential. This implies high relevance of studies concerning the aspects of influence produced by internal and external factors on regional development, as well as analyses of the existing conditions at the macroeconomic level that support or hinder the engagement of inner regional reserves and opportunities in the regions' socioeconomic development. This would make the basis for a more comprehensive view of the regional system and its inherent properties, helping to identify ways to manage regional development. Objectives. Analysis and decomposition of developmental shifts in the Russian regions and their classification based on internal and external influences. Methods. The primary research method is the shift-share analysis method. The methods of logical and statistical analysis, particularly, correlation analysis, are also used. Results. The driver effects of shifts are calculated at the national, industry, and regional levels for 80 regions of the Russian Federation and the period comprising two time points, 2012 and 2017. The regional and industry effects are analysed by the types of economic activities. It is established that, firstly, the regional effect is negative for most regions and, secondly, the industry effect (in combination with the national effect) acts to smooth out the negative regional effect. Conclusions. A conclusion is made that positive shifts can be achieved both in strong and weak regional economies. Generally, the shifts in Russian regions are mostly influenced specifically by the internal regional conditions, which are mostly adverse, suggesting high importance of regional effects. The research highlights the significance of industry policies at the federal level, primarily in economic activities such as agriculture and manufacturing, and the need for improvement of regional policies implemented at the federal level to raise the number of self-developing regions.


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