scholarly journals Administrative Delicts and Administrative Delict Law

2020 ◽  
Vol 17 (4) ◽  
pp. 545-556
Author(s):  
P. E. Spiridonov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Legal Method ◽  
Legal Term ◽  
Tort System ◽  
The Subject ◽  
The Russian Federation

The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

scholarly journals On the Issue of Problems of the Administrative Law Regulation of Civil Firearms Circulation for Self-Defense in the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 74-78
Author(s):  
Ilya S. Gorshkov ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Administrative Law ◽  
Public Security ◽  
General State ◽  
Degree Of Protection ◽  
Self Defense ◽  
Special Place ◽  
The Russian Federation

The general state of providing public security, in which a most important element is the degree of protection of the person from socially dangerous attacks, in any state, is directly related to the quality of regulation of some public relations that directly affect this criterion. Among such public relations, undoubtedly, take a special place the trafficking of civilian firearms for self-defense.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

Distinctive Features of the Object of Smuggling of Strategically Important Goods and Resources

2021 ◽  
pp. 225-230
Author(s):  
Vladislava K. Zaigraeva ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Public Security ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Union

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals Public danger as a sign of administrative offences

2019 ◽  
pp. 30-36
Author(s):  
Natal'ya Anatol'evna Akhtanina
Keyword(s):  
Russian Federation ◽  
Public Discourse ◽  
Statistical Data ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Clear Definition ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the earlier and currently active norms of administrative legislation regulating the concept of legal offense as well as scientific literature devoted to this topic and statistical data on administrative offenses from the Russian case law. The author analyzes the essence of the signs of administrative offenses. The importance of this topic is substantiated the fact that the concept of legal offense is one of the main categories of the administrative law of the Russian Federation. Analysis is conducted on the various approaches of scholars in administrative law towards definition of this concept. The novelty of this research is defined by the importance of clear definition of the concept of administrative offense due to introduction of the New Code on Administrative Offenses of the Russian Federation into public discourse. Considering the sign of public danger of an administrative offense, the author proposes formulating Article 2.1 of the Code of the Russian Federation on Administrative Offenses in the following way: “Administrative offense is a committed punishable action or inaction of a private or legal entity, posing public danger, and carries administrative liability established by this Code or a law of a subject of the Russian Federation”.

scholarly journals Examination and subsequent evaluation of criminal case materials by the prosecuting attorney as the basis for effective organization of the judicial inquiry

2020 ◽  
pp. 249-261
Author(s):  
Ol'ga Anatol'evna Zayceva
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Effective Organization ◽  
Fundamental Consideration

The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

Problems of Creation and Functioning of Constitutional (Charter) Courts of the Subjects of the Russian Federation

2019 ◽  
pp. 51-57
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Legal Proceedings ◽  
Democratic State ◽  
Justices Of The Peace ◽  
The Subject ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Judicial Protection

Constitutional (statutory) courts are among the most effective bodies to protect the rights and freedoms of citizens. As a result of constitutional (statutory) legal proceedings, not only the person who filed the complaint receives judicial protection, but also other citizens whose rights were violated or could be violated, since recognizing a normative legal act as inadequate to the constitution, such a court cancels it. In his work, the author attempts to objectively assess the level and state of constitutional justice in the regions of the Russian Federation. In view of the fact that, with the exception of justices of the peace, the constitutional (statutory) courts are the only courts of the subjects of the Russian Federation, their absence in most entities violates the principle of separation of powers that is necessary in any democratic state. In addition, constitutional (statutory) courts play an important part in protecting the rights and freedoms of citizens, including allowing them to challenge the constitutionality of a particular law of the subject, as well as, for example, the regulatory legal act of the local government. The author concludes that there is a necessity to organize such courts, analyzes the problems in the already established courts of this category, and also formulates proposals for improving constitutional justice in the subjects of the Russian Federation.

From State Law to Administrative Law and administrative process (To the 85th anniversary of the Sector of Administrative Law and administrative process of the Institute of State and Law of the Russian Academy of Sciences)

2021 ◽  
pp. 77
Author(s):  
Margarita N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Administrative Law ◽  
The State ◽  
State Law ◽  
Administrative Process ◽  
Scientific Staff ◽  
The Russian Federation ◽  
The Government ◽  
Academy Of Sciences

In 1936, the Institute of State Law of the USSR Academy of Sciences underwent an internal reorganization, as a result of which three sectors were formed, one of which was the public law sector. Since that time, the current Sector of Administrative Law and administrative procedure has its history. In the 20–30s of the XX century, the science of administrative law developed poorly, scientists were subjected to political repression for their scientific beliefs. In the mid-30s, the idea of the death of Administrative Law was even replicated. The leading positions were occupied by the science of management. Meanwhile, the scientific staff of the sector continued to develop the science of Administrative Law. With the beginning of the Great Patriotic War, many of them went to the front. The country noted their exploits with state awards. S.S. Studenikin became the first scientist who defended his dissertation for the degree of PhD in Law in Administrative Law (1940). In the 50–60s, in the Sector work was actively carried out to train young specialists in the field of Administrative Law. The name of the Sector has repeatedly changed, but service to the state and science remained unchanged. In the 60s, new directions of scientific research were formed at the Institute, reflecting the issues of strengthening Soviet democracy, forms and methods of people's participation in the leadership of the state and society, etc. The result of the fruitful work of the staff of the Sector was the publication of a number of monographs on Administrative Law. The political and economic transformations of the 80–90s could not but be reflected in the works of the scientific staff of the Sector. In the late 90s - early 2000s, the direction of research in the Sector changed towards the administrative process and the problems of automated control systems. In 2018, the Sector of Administrative Law and administrative process was established. Currently, the scientific staff of the Sector carries out fundamental, exploratory and applied scientific research on the conceptual problems of Administrative Law, administrative process and Financial, Tax, Budget Law. Actively participates in the work on the reform of administrative and tort legislation, legislation regulating control and supervisory activities, are members of the expert subgroups of the Government of the Russian Federation on the development of the draft of the new Administrative Code of the Russian Federation. During its 85-year history, the Sector has given the country and science a lot of honored scientists and honored lawyers, outstanding scientists who have left significant fruits of their scientific research that will be relevant and in demand for a long time.

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