scholarly journals A review of the thesis by A.D. Dymberov The Legal Regulation of the Application of Special Technical Means of Automatic Recording of Administrative Offenses Related to Road Traffic (Comparative Law Research) defended on May 30, 2019 at the Dissertation Council created based on the Kikot Moscow University of the Ministry of Internal Affairs of Russia for the academic degree of PhD (Law) majoring in 12.00.14 — administrative law; administrative procedure (academic supervisor — Honored Scientist of the Russian Federation, LL.D., Professor Anatoliy P. Shergin)

2020 ◽  
Vol 10 ◽  
pp. 70-72
Author(s):  
Yuriy V. Stepanenko ◽  
Keyword(s):  
Russian Federation ◽  
Road Traffic ◽  
Comparative Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Automatic Recording ◽  
Academic Degree ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Internal Affairs

This publication is a review of Alexander Dymberov’s thesis for the degree of candidate of legal sciences.

scholarly journals A review of the thesis by Kirill S. Bakanov The Administrative Law Prohibition of Transport Vehicle Driving in a State of Intoxication defended on March 28, 2019 at the Dissertation Council created based on the Kikot Moscow University of the Ministry of Internal Affairs of Russia for the academic degree of PhD (Law) majoring in 12.00.14 — administrative law; administrative procedure (academic supervisor — Honored Lawyer of the Russian Federation, LL.D., Professor Boris V. Rossinskiy)

2020 ◽  
Vol 10 ◽  
pp. 73-77
Author(s):  
Vladimir I. Mayorov ◽  
◽  
Viktor V. Denisenko ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Road Accidents ◽  
Academic Degree ◽  
Driving While Intoxicated ◽  
Administrative Procedure ◽  
Transport Vehicle ◽  
The Russian Federation ◽  
Internal Affairs

The reviewed work is devoted to the administrative and legal ban on driving while intoxicated in the Russian Federation. The author proposes to optimize the administrative and jurisdictional activities of the internal Affairs bodies to improve the administrative and legal counteraction to negative manifestations, such as driving while intoxicated and their consequences in the form of road accidents.

scholarly journals Administrative Law Aspects of the Right to the Freedom of Peaceful Assemblies in the Russian Federation and Its Judicial Protection

2021 ◽  
Vol 3 ◽  
pp. 47-54
Author(s):  
Nikolay A. Sambor ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Effective System ◽  
The Russian Federation ◽  
The Right ◽  
Judicial Protection ◽  
Current Code

The article examines the features of legal regulation of the implementation of the right to freedom of peaceful assembly in the Russian Federation. To achieve this goal, the norms of constitutional, administrative and administrative-procedural legislation are examined that directly or indirectly regulate the process of implementation and judicial protection of the right to freedom of peaceful assembly in the Russian Federation. Based on the study, changes to the current Code of Administrative Procedure are proposed, aimed at creating an effective system of guarantees for the exercise of the right to freedom of peaceful assembly from interference by public administration bodies.

scholarly journals The Mechanism of the Legal Regulation of the Organization and Movement of Road Traffic (Priorities and Advantages Related to Participation in Road Traffic)

2020 ◽  
Vol 12 ◽  
pp. 5-11
Author(s):  
Aleksandr Yu. Yakimov ◽  
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Road Traffic ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Road Users ◽  
The Russian Federation ◽  
Traffic Rules

The article is devoted to the consideration of important components of the mechanism of the legal regulation of the organization and implementation of road traffic. These include priorities, advantages associated with participation in road traffic, restrictions associated with participation in the specified process, and requirements for road users and vehicles. Based on the analysis of the provisions of the Traffic Rules of the Russian Federation and other regulations from the perspective of a systematic approach, the author examines the totality of these components and their interrelationships. The existing shortcomings of the legal regulation of the organization and implementation of road traffic are revealed. Taking into account the results obtained, proposals are formulated to improve the legal regulation mechanism under consideration.

ELECTRONIC CRIME INCIDENT REPORT AS A REASON TO INITIATE A CRIMINAL CASE (THE COMPARATIVE ANALYSIS OF LEGAL REGULATION IN THE NORMATIVE ACTS OF THE RUSSIAN MINISTRY OF INTERNAL AFFAIRS AND THE RF CRIMINAL PROCEDURE CODE)

2021 ◽  
pp. 44-50
Author(s):  
P. A. Samoylov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Electronic Interaction ◽  
Incident Report ◽  
Procedure Code ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Electronic Crime ◽  
Crime Reports

The integration and active application of electronic document flow to the daily activities of the police have consistently and logically led to the fact that the electronic crime incident report is increasingly used as a reason to initiate criminal cases. The departmental normative legal acts of the Ministry of Internal Affairs of Russia regulate in detail the processing of such reports. However, under the RF Criminal Procedure Code, not all electronic crime reports registered by the Departments of Internal Affairs meet the established requirements, and, accordingly, they can not perform the function of a criminal procedural cause. In this situation, with the obvious relevance of electronic documents, an example of a contradiction and gap in the law is evident, which somewhat hinders the development of electronic interaction between the participants of criminal procedural activity and can cause negative consequences. The paper analyzes and compares the provisions of some normative sources regulating the reception and consideration of electronic crime reports by the Departments of Internal Affairs of the Russian Federation and the norms of criminal procedural legislation. The author critically evaluates the legal definitions of the concept of a crime incident report and some organizational and legal mechanisms for accepting and considering electronic crime reports established by the departmental legal acts of the Ministry of Internal Affairs of the Russian Federation. The study highlights and clarifies the rules of filing, mandatory requisites, and some other requirements for electronic crime reports, which must be complied with according to the provisions of the criminal procedure code. Based on the data obtained, the author offers recommendations to improve criminal procedural law and the algorithm of accepting electronic crime reports using the official websites of the Departments of the Ministry of Internal Affairs of the Russian Federation.

scholarly journals The Mechanism of the Administrative Law Regulation of Migration Security in the Russian Federation: The Concept, Peculiarities, Elements (Administrative Law Means) and Stages

2021 ◽  
Vol 6 ◽  
pp. 9-16
Author(s):  
Aleksey V. Stepanov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Law And Order ◽  
Dynamic Part ◽  
Legal Remedies ◽  
Static Approach ◽  
The Russian Federation ◽  
The Stability ◽  
Law Regulation

The article gives the grounds of the author’s approach to the content of the mechanism of administrative-legal regulation of migration safety and security in Russia (hereinafter referred to as the mechanism of migration security and security). Some specifics of the mechanism of migration safety and security are described. Static and dynamic approaches to understand the content of migration safety and security are pointed. In the context of static approach the author reveals the indications of administrative-legal remedies and enumerates them referred to as the elements of the mechanism of migration security. It is paid the attention on dynamic part of the mechanism of migration security considered as the system of interrelated, specifically ordered, followed each other stages leading with the help of corresponding forms and methods to concrete results — the stage of protection from menaces and the stability of the law and order. In conclusion the author formulates the concept of the mechanism of administrative-legal regulation of safety and security.

Legal and Organizational Barriers of Digitalization of Education in the Russian Federation

2018 ◽  
pp. 18-24 ◽  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Educational Process ◽  
Educational Organization ◽  
Organizational Barriers ◽  
The Russian Federation ◽  
Russian Education

The aim of the study is to identify the legal and organizational barriers to digitalization and digital transformation of education in the Russian Federation and to develop proposals for improving the startup planning and legal regulation in this area. The study presents the authors’ method of identifying the barriers. The main feature of this methodology (based on the comparative-law method and structural and functional analysis) is its focus on identifying the legal and organizational barriers to digitalization not only of the educational process itself, but also of the life cycle of the educational organization as a whole. The key legal and organizational barriers to digitalization for education were identifi ed and systematized. It was concluded that there remains a signifi cant number of barriers not only to digitalization, but also to primary informatization in the fi eld. The authors substantiate proposals for improvement of strategic planning and legal regulation, aimed at eliminating the identifi ed barriers and forming of legal conditions for digitalization and, in the long term, the digital transformation of Russian education.

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.

SPECIFICS OF COMBATING CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION WITH THE USE OF ADMINISTRATIVE LAW MECHANISMS

2016 ◽  
Vol 11 (1) ◽  
pp. 107-113
Author(s):  
Гончарук ◽  
Natalya Goncharuk
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Provisions ◽  
Administrative Procedures ◽  
The Subject ◽  
The Russian Federation ◽  
Law Making

The article provides analytical information on anti-corruption in the system of the civil service of the Russian Federation. The article presents the rationale for further elaboration of decisions on combating corruption at the level of administrative law-making and enforcement of administrative law, because the existing legal provisions should find their content in all kinds of legal liability. It is in the field of administrative legal regulation the concrete mechanisms of combating corruption should be enhanced, gaps should be eliminated, creating opportunities for corruption, the formed schemes of corrupt interaction should be destroyed. A similar situation exists in the scientific coverage of the problems of combating corruption. The existing monographic publications and sources on the subject widely present the strategic and tactical aspects, however, questions on the use of administrative procedures and anti-corruption mechanisms need to be further developed.

scholarly journals LAW ENFORCEMENT AS THE CEMTRAL POINT IN ESTABLISHING AN ELECTRONIC STATE: CHALLENGES OF “NEW REALITIES”

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Анна Головина ◽  
Anna Golovina ◽  
Николай Черногор ◽  
Nikolay Chernogor ◽  
Юлия Кашеварова ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Electronic State ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
International School ◽  
Legal Order ◽  
Information Revolution ◽  
The Russian Federation ◽  
The Government

The currently ongoing information revolution has become one of the most significant perquisites for the formation of a new legal order — “new realities”, characterized by the formation of “electronic state“. The challenges of this “new reality” make search for science-based solutions ever more topical, including the means and methods and technologies for legal regulation with regard to public relationships. An attempt to look for said mechanisms was undertaken by the participants of the XI International School for young scholars — jurists “Effective law enforcement: doctrine and practice”. It was held at the Institute of Legislation and Comparative law under the Government of the Russian Federation on May 27, 2016. One of the sections of said School was dedicated to “Law enforcement in the light of formation of electronic state“. The article contains summary of the discussions and the outcomes.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

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