scholarly journals Simplified Proceedings on Administrative Offenses with the Application of Part 2 of Article 28.6 of the Administrative Offense Code of the Russian Federation and Analysis of the Court Practice Resulting from Revision of Ruling Ordering Administrative Punishment

2021 ◽  
Vol 4 ◽  
pp. 27-30
Author(s):  
Natalya V. Landerson (Tiunova) ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Code ◽  
Court Practice

Тhe article considers topical issues of application of part 2 of article 28.6 of the Russian code of administrative offences, which provides for the exercise of the procedural actions of officials in case of consent of the person against whom the proceedings are conducted, with the event of a breach or appointed administrative punishment on the spot without a Protocol on a place of Commission of the offense. The positions of judicial authorities when considering complaints against rulings in this category of cases are given, and a new version of article 28.6 of the administrative Code of the Russian Federation is proposed, which will streamline law enforcement practice under this rule, minimize disputes related to the issue of proving the event of a misdemeanor, and significantly reduce the burden of courts of General jurisdiction on reviewing cases of administrative offenses in this category.

scholarly journals Interaction Between Civil Law and Criminal Law in the Protection of the Rights of Theft and Fraud Victims

2018 ◽  
Vol 12 (4) ◽  
pp. 572-582
Author(s):  
Liudmila Vasilevskaya ◽  
Ekaterina Poduzova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Civil Law ◽  
The Supreme Court ◽  
Single Sphere ◽  
The Russian Federation ◽  
Ambiguous Position ◽  
Court Practice

One of the trends in contemporary law is the interaction between its branches because an offense infringes upon a number of rights and interests of the victim that cannot be reduced to a single sphere of legally regulated relationships. This trend is reflected, specifically, in the interaction between civil and criminal law, which has attracted the attention of well-known Russian legal scholars many times. The trend is also observed in court practice, for example, in the Decree of the Plenary Session of the Supreme Court of the Russian Federation «On Court Practice Re. Cases of Fraud, Misappropriation and Embezzlement» of November 30, 2017, No 48. It is also manifested in the use of civil law categories and criteria for the general and specific components of crimes like theft (Art. 158 of CC of the RF) and fraud (Art. 159-159.6 of the CC of the RF), as well as in the use of vindication and compensation of losses to protect the rights of victims of such crimes. Civil law defense of the rights of victims of theft and fraud (the use of such methods of protection as vindication and compensation of losses) encounters the ambiguous position of courts because the doctrine incorporates disputable and unsettled issues regarding the methods of protecting rights. This paper analyzes such problems and presents some ways of solving them. Overcoming the theoretical and practical problems of interaction between civil and criminal law is of vital importance because it is a vital precondition for the efficient functioning of the law enforcement system as a whole when implementing various forms and methods of protecting the rights of people.

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 Liability of Legal Entities for Offenses Recorded by Special Technical Devices

2020 ◽  
Vol 1 (12) ◽  
pp. 11-16
Author(s):  
P. N. Smolyakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Video Recording ◽  
The State ◽  
Commercial Vehicles ◽  
Illegal Behavior ◽  
Automatic Mode ◽  
The Russian Federation ◽  
Administrative Code ◽  
Legal Entities

The article is devoted to the exemption of legal entities from liability for administrative offenses recorded by special technical devices operating in an automatic mode and having functions of photo and film shooting, video recording, or by means of photo and film shooting, video recording. It is noted that the existing regulation in the Administrative Code of the Russian Federation in the interpretation of the highest court and other courts makes such liability ephemeral, allowing to arbitrarily shift it, for example, onto natural persons, e.i. drivers of vehicles belonging to legal entities. This situation allows legal entities with a large number of commercial vehicles throughout the country to easily avoid paying large amounts of administrative fines, which has nefative effect on pumping up the treasury and encourages further illegal behavior of their drivers on the roads. The author proposes to discuss the state of legislation and law enforcement on this issue.

scholarly journals Functional Aspect of a Protocol on Administrative Offense as a Jurisdictional Act

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 45-54
Author(s):  
I. V. Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Functional Aspect ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Administrative Jurisdiction ◽  
Administrative Code ◽  
Administrative Penalty ◽  
Functional Purpose

In June 2019, the official website of the Government of the Russian Federation published the Concept of the New Code of Administrative Offences, the enactment of which is planned for 1 January 2021. This Concept indicates that the factors that reduce the effectiveness of the existing Administrative Code of the Russian Federation include, among other things, problems in law enforcement at the stages of initiation and consideration of cases of administrative offenses, contains general guidelines for reforming the Administrative Code of the Russian Federation and highlights certain challenging issues that need to be resolved in its forthcoming modernization. At the same time, it does not seem to address all the issues that need to be addressed. Thus, the analysis of administrative-jurisdictional practice of the first instance shows that the protocol on administrative offense is considered by subjects of administrative jurisdiction ( extrajudicial, quasi-judicial, and judicial) as one of the types of evidence in the case of an administrative offence. Moreover, it is not uncommon that such a record is the only evidence on the basis of which an administrative penalty is imposed. And the analysis of administrative and jurisdictional practice of the second and subsequent instances (up to the Supreme Court of the Russian Federation) allows us to conclude that this approach is justified and quite legitimate. But is it really true? And to what extent is it lawful and legitimate to consider the protocol on an administrative offense as evidence in the case of an administrative offense? This paper is devoted to searching for answers to these questions through the prism of understanding of the functional purpose and juridical (lawful) nature of this type of administrativejurisdictional acts.

Legal regulation of traditional practitioner’s activities and accountability for malpractice in the Russian Federation

2019 ◽  
Vol 2019 (6) ◽  
pp. 88-91
Author(s):  
Денис Рощин ◽  
Denis Roschin ◽  
Андрей Плутницкий ◽  
Andrey Plutnickiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Moscow Region ◽  
Folk Healing ◽  
Constituent Entity ◽  
The Russian Federation ◽  
Government Body ◽  
Administrative Code

The legislation in power allows the folk healing on the basis of a permit issued by the executive government body of the constituent entity of the Russian Federation. Administrative liability for carrying out activities of illegal healing. The paper analyzes Art. 6.2 of the Administrative Code and experience in law enforcement, including judicial in Moscow and the Moscow region.

scholarly journals Administrative punishment of legal entities as an administrative coercion measure

2021 ◽  
pp. 185-190
Author(s):  
E. Yu. Politova
Keyword(s):  
Russian Federation ◽  
Judicial Practice ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Code ◽  
Administrative Sanctions ◽  
Legal Entities

Administrative penalties applied to legal entities are among the most common and effective measures of administrative coercion. The analysis of the legislation made it possible to identify the system of administrative penalties applied to legal entities in the Russian Federation. The author characterizes the system and the main types of administrative penalties of legal entities, such as a warning, an administrative fine, confiscation, administrative suspension of activity. It is noted that the most common is an administrative fine. However, there are problems with its appointment. The materials of judicial practice on the application of administrative sanctions to legal entities are analyzed. As a result of the analysis, the need to optimize administrative penalties applied to legal entities is noted. The article examines the norms of the draft Administrative Code of the Russian Federation in relation to administrative penalties applied to legal entities. The positive and negative aspects of the proposed codification are noted.

scholarly journals Violation of sanitary and epidemiological rules: issues of criminalization and legislative regulation

2021 ◽  
Vol 1 (8) ◽  
pp. 110-117
Author(s):  
Yu. S. Norvartyan
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Technical Approach ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Severe Punishment ◽  
Administrative Code

The article discusses some problems of criminalization and lawmaking in the field of countering crimes involving violations of sanitary and epidemiological rules. From the point of view of the legal and technical approach, Part 1 of Article 236 of the Criminal Code of the Russian Federation contains a construction of a complex composition, which can be called «delinquent-material». In such a composition there is both a mass disease (poisoning of people) and the threat of a mass disease (poisoning of people) they are considered not as acts, but as a socially dangerous consequence. In other words, this kind of criminal-legal construction includes, firstly, the violation of the rules itself and, secondly, socially dangerous consequences in the form of mass illness or poisoning of people or creating a real threat of the onset of these consequences. At the same time, violation of sanitary and epidemiological rules without the occurrence of socially dangerous consequences or the threat of such consequences entails administrative responsibility under Articles 6.3 — 6.7 of the Administrative Code of the Russian Federation.The author notes that an act that creates a real threat to law enforcement facilities provided for in Part 1 of Article 236 of the Criminal Code of the Russian Federation has a lower degree of public danger compared to such actions (inaction) that inadvertently lead to mass illness or poisoning of people. Equalizing the limits of criminal liability for the commission of the two abovementioned torts is a violation of the principle of justice. In this regard, the author of this article proposes in Part 1 of Article 236 of the Criminal Code of the Russian Federation to establish responsibility for violation of sanitary and epidemiological rules if such violation created a threat of mass illness or poisoning of people. In turn, criminal liability for violation of sanitary and epidemiological rules, which inadvertently caused mass illness or poisoning of people, should be established in Part 2 of Article 236 of the Criminal Code of the Russian Federation, which provides for a more severe punishment.

The Administrative Liability for Incitement to Hatred or Enmity and Violation of Human Dignity in the Information Technology Development Conditions

2021 ◽  
Vol 1 ◽  
pp. 51-53
Author(s):  
Igor A. Zaytsev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Human Dignity ◽  
Information Technologies ◽  
Technology Development ◽  
Telecommunication Networks ◽  
The Media ◽  
The Russian Federation ◽  
Information Technology Development ◽  
Administrative Code

In December 2018, the Code of Administrative Offenses of the Russian Federation was supplemented with a norm establishing administrative responsibility for inciting hatred or enmity, as well as public humiliation of human dignity, including using the media or information and telecommunication networks, including the Internet. In the context of the development of information technologies and the formation of the information society in law enforcement, the issues of correct qualification and initiation of an administrative offense case provided for in Article 20.3.1 of the Administrative Code of the Russian Federation are relevant.

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