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.

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.

Invalidity of interested party transactions, made by joint-stock companies: a comparative legal experience

2018 ◽  
Author(s):  
Александр Трофимик ◽  
Aleksandr Trofimik
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
New Order ◽  
Legal Analysis ◽  
Law And Order ◽  
Federal Law ◽  
Related Party Transactions ◽  
The Russian Federation ◽  
Definition Of

The monograph is devoted to complex and system research of the problems in legal regulation concerning invalidity of related-party transactions in the context of the last short stories contained Chapter 11 of the Federal Law «On Joint-Stock Companies». With the application of comparative legal methodin this article is an attempt to establish fundamental primary legal unities of law and order in Germany and the Russian Federation in corresponding regulation and to differentiate substantial characteristics of theologically equivalent legal mechanisms. In this article such aspects of counteraction to conflict of interest in Germany’s Joint-Stock Companies are considered, which have not been presented in Russian research works earlier. In the article is given a doctrinal definition of the term «related-party transactions», analyzed a new order of making related-party transactions with relation to given guaranties for declaring a transaction voidable, formulated the invalidity elements of related-party transactions. The author made an attempt of technical legal analysis of invalidity elements correlation, established by the paragraph of third point 1 of Article 84 of the Federal Law «On Joint-Stock Companies», and in accordance with point 2 of Article 174 of the Civil Code of the Russian Federation.

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.

scholarly journals The Content of Public Administration in the Forced Migration Sphere in Russia: An Administrative Law Aspect

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 44-53
Author(s):  
Miroslava I. Petrovskaya ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Forced Migration ◽  
Legal Regulation ◽  
Administrative Law ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Changes ◽  
First Time ◽  
Practical Recommendations

The article is devoted to the justification of the specifics of public administration in the field of forced migration. The specifics of this type of migration, peculiarities of its administrative and legal regulation are revealed. The purpose of the work is to obtain theoretical conclusions and to develop practical recommendations for improving the system of management of forced migration in Russia. The target is public administration in the field of forced migration. The subject of the study is a set of rules of administrative law of the Russian Federation, which establish general provisions of public administration of forced migration, as well as the range of subjects, institutions and mechanisms used in the process of ensuring the functioning of the system of reception of forced migrants. The methodological basis of the study was the methods: dialectical, private methods — systemic-structural, comparative-legal, formal-logical and historical-legal, statistical and other methods of scientific knowledge. Within the framework of the proposed study, ways are outlined to solve the problems identified by the author of organizing the foundations of management in the field of forced migration in Russia. Recent legislative changes that have not yet been the subject of scientific research are under consideration. For the first time since the transfer of migration powers to the system of the Ministry of Internal Affairs of the Russian Federation, current changes related to the implementation of powers in the field of forced migration have been analyzed.

scholarly journals Genetic Engineering: Issues of Criminal Law Regulation

2020 ◽  
Vol 14 (4) ◽  
pp. 479-485
Author(s):  
O.A. Belov ◽  
◽  
Yu.N. Spiridonova ◽  
A.I. Odintsov ◽  
◽  
...  
Keyword(s):  
Genetic Engineering ◽  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Genetic Research ◽  
Legal Regulation ◽  
Human Cloning ◽  
The Russian Federation ◽  
Law Regulation

The article analyzes modern scientific achievements in the field of genetic research, considers methods of genetic engineering as an integral part of modern biomedicine, and the issues of human cloning. We examine the differences between reproductive cloning and therapeutic cloning, emphasizing the importance of the latter for improving human life, fighting various diseases, and so on. However, along with ethical problems, there are also problems in the world of legal regulation of genetic research and manipulation of human genes. We touch upon the problems of legal regulation of genome research and human cloning in foreign countries and in the Russian Federation, and, above all, the problems of criminal law regulation of genetic engineering. Based on a comparative analysis of international legal acts, national legislation of a number of countries and regulatory legal acts of the Russian Federation, we conclude that there is insufficient legal regulation of issues related to genetic research in Russia, and, supporting the opinion of a number of scientists, we propose to introduce a number of norms in the Criminal Code of the Russian Federation on criminal liability for socially dangerous behavior in the field of modern methods of biotechnology, genetic engineering, and human cloning.

State service of the Russian Federation in the sphere of law enforcement: problems of theory and practice of administrative and legal regulation

2018 ◽  
Author(s):  
Роман Нагорных ◽  
Roman Nagornyh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Russian Federation

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.

scholarly journals Peculiarities of the Public Administration System in the Russian Federation and Its Impact on the Development of Administrative Law

2021 ◽  
Vol 8 ◽  
pp. 29-34
Author(s):  
Pavel E. Spiridonov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Specific System ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation ◽  
State Organizations

The introduction of the terms “public power”, “public administration bodies” in official documents marked the beginning of the resumption of discussions on the peculiarities of legal relations that are included in the subject of the legal regulation of administrative law. The work attempts to analyze the terms “public authorities” and “public administration bodies”, their relationship with each other. In the Russian Federation, a specific system of government with decentralization elements has begun to take shape. Such a system includes, in addition to traditional state authorities, specially created state bodies that are entrusted with the functions of organization and coordination, public authorities in federal territories, state and non-state organizations that are delegated public power.

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