scholarly journals Classification of the basic kinds of legal responsibility in electoral process

2020 ◽  
Vol 4 (2) ◽  
pp. 49-57
Author(s):  
Andrey P. Demin
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Legal Institution ◽  
Negative Consequences ◽  
Electoral Process ◽  
Scientific Methods ◽  
The Russian Federation ◽  
Electoral Law ◽  
Administrative Responsibility

The subject. The legal institution of legal responsibility in electoral process in general as well as its basic subtypes: constitutional, criminal and administrative responsibility. The purpose of the article is to identify the main kinds of legal responsibility in the electoral process. Methodology. The author uses such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results of the research. The author takes into account the opinions of academic lawyers and analyzes the legal institution of legal responsibility in electoral process in general. The author considers and examines the classification of constitutional, criminal and administrative responsibility in the electoral process, reveals and analyzes the essence of such fundamental concepts as legal responsibility, kinds of legal responsibility, electoral rights of citizens. The article describes the special and distinguishing characteristics of different kinds of legal responsibility. The author also gives reasons for the necessity of a special set of state coercive measures in order to make the electoral process transparent. As far as the Russian Federation law “On elections and referenda” does not contain any specific measures of legal responsibility and has references to other laws, the author sees it important to fill this gap for future codification of electoral legislation. Constitutional legal responsibility is peculiar in electoral process. It means that responsibility is realized in procedural form, which is enshrined not only in Federal laws, but in subordinate laws, such as instructions of the Central Election Commission of the Russian Federation. Conclusions. Legal liability in the electoral process has the following characteristics: it is expressed in the obligation to undergo measures of state enforcement; its basis is the violation of material and procedural norms of the electoral law; it is associated with various kinds of unavoidable negative consequences; the guilty person will be subjected to restriction of personal and other property rights; the offender is charged with the obligation to restore the violated right or compensation for damage.

ADMINISTRATIVE AND LEGAL RESPONSIBILITY OF ORGANIZATIONS AS A MEANS OF ANTI-CORRUPTION

2021 ◽  
pp. 39-43
Author(s):  
Л.Н. Сморчкова
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Legal Entity ◽  
The Russian Federation ◽  
Administrative Responsibility

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.

scholarly journals Problems associated with usage of “gray” electoral techniques and prevention of abuse of subjective electoral rights: thoughts in the lead-up to the State Duma Federal Assembly of the Russian Federation deputies

2021 ◽  
pp. 15-24
Author(s):  
Marina Mikhailovna Kuryachaya ◽  
Sergey Valer'evich Gromyko
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Political Transformation ◽  
Electoral Process ◽  
Political Actors ◽  
Legal Norms ◽  
Legal Position ◽  
The Russian Federation ◽  
The Right ◽  
Electoral Law

The object of this research is the legal relations in the area of exercising rights by parties and individuals, while the subject consists in the legal norms establishing the legal position of citizens and parties in the sphere of electoral law, as well as norms regulating the order of organization and electoral process in the Russian Federation. The goal of this article is to use a comprehensive interdisciplinary political-legal approach to determine problems in legal regulation of organization and process of elections in the Russian Federation, determine defective positions and gaps in the legislation, as well as make proposals on improving participation of parties in elections. The authors believe that in modern Russia the time for political transformation has already been lost, and we will see a drastic change of economic and then political elites. The only way to prevent forceful usurpation of power among other manifestations of extremism is to create environment and mechanisms for indiscriminant access to elections for a broad scope of sociopolitical powers through corresponding changes in electoral legislation. The proposed measures on improving legislation on deputy elections to the representative branches of government and local self-governance are aimed at prevention of abuse of subjective electoral rights (electoral mechanisms). Among them are countermeasures for usage of “gray” electoral techniques and creation of new legal regulation of participation in elections of collective political subjects (political actors) as parties, as well as increasing the role of non-parliamentary political parties in electoral process and revision of particular provisions of the right of party preferences.

scholarly journals Constitutional and legal aspects of the execution of the constituent entities’ powers in the field of legislation on administrative offences

2018 ◽  
Vol 2 (3) ◽  
pp. 43-51 ◽  
Author(s):  
O. Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Aspects ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Decisions ◽  
Exclusive Jurisdiction ◽  
Special Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Responsibility

The subject of the paper is constituent entities’ powers in federative state concerning the establishment of the administrative responsibility for breach regional and municipal rules.The purpose of the paper is to justify the need for new approaches to the delimitation of the constituent entities’ jurisdiction in the field of legislation on administrative offences, up to the allocation of administrative-tort legislation in the exclusive jurisdiction of the Federation.The methodology. General and special scientific methods of cognition were applied: systemic, comparative legal, formal logical. The analysis of legislative and law-enforcement practice of the constituent entities of the Russian Federation, the legal decisions of the Con-stitutional Court of the Russian Federation, is also used.The main results and scope of their application. The constituent entities of the Russian Federation, making legal acts in the field of legislation on administrative offenses, are not always properly take into account the boundaries of their competence in the field of establishment of administrative responsibility for committing administrative offences for breach regional and municipal rules. The compliance of such constituent entities’ authority to es-tablish this type of responsibility with the provisions of art. 19 and 55 of the Russian Con-stitution is very debatable issue. Although Constitutional Court of the Russian Federation in its decisions confirms the constitutional empowerment of the constituent entities with the authority to establish in its laws the administrative responsibility for violation regional and municipal rules, such decisions are controversial. It may be useful to consolidate adminis-trative and tort law in the exclusive jurisdiction of the Russian Federation.Conclusion. The provisions of Federal legislation that let constituent entities of the Russian Federation to establish administrative responsibility for administrative offenses are not fully comply with the constitutional provisions, despite the opinion of the Constitutional Court of the Russian Federation.

scholarly journals CONSTITUTIONAL LEGAL RESPONSIBILITY FOR CRIMES AGAINST STATE UNITY AND TERRITORIAL INTEGRITY OF RUSSIA

2018 ◽  
Vol 2 (2) ◽  
pp. 25-39
Author(s):  
Svyatoslav Vyacheslavovich Ivanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Responsibility ◽  
Territorial Integrity ◽  
Scientific Methods ◽  
Existing Problems ◽  
Naturalized Citizens ◽  
Legal Method ◽  
General Scientific ◽  
The Russian Federation

The subject. The article is devoted to the issues of constitutional legal responsibility for crimes against the state unity and territorial integrity of the Russian Federation.The purpose of the article is to reveal the actual problems of constitutional legal responsi-bility for crimes against the state unity and territorial integrity of the Russian Federation.The methodology of the study includes general scientific methods (analysis, synthesis, com-parative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).Results, scope. The article contains the analysis of the position of the state unity and territorial integrity of the Russian Federation among the objects of constitutional legal and crim-inal legal support. The specific features of constitutional legal responsibility for crimes against the state unity and territorial integrity of Russia are determined. Actual problems of constitutional legal responsibility of the President of the Russian Federation, Russian cit-izens, refugees, electoral candidates for crimes against its state unity and territorial integ-rity are revealed.Conclusions. It is necessary to improve the current constitutional legislation in order to elim-inate the existing problems of constitutional legal responsibility for crimes against the state unity and territorial integrity of the Russian Federation. For this purpose it is necessary to add the grounds for impeachment of the President of the Russian Federation by the fact of commission of crime against its state unity and territorial integrity. It is also necessary to eliminate the legal inequality of citizens formed as a result of the introduction of constitu-tional and legal responsibility of naturalized citizens for committing crimes defined by law.

scholarly journals Review of a Scientific and Practical Seminar Evolution of the Administrative Liability in Russia (Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation, October 29, 2020)

2021 ◽  
Vol 5 ◽  
pp. 82-88
Author(s):  
Aleksandr F. Nozdrachev ◽  
◽  
Tatyana A. Levonenkova ◽  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Russian Empire ◽  
Legal Responsibility ◽  
Soviet Power ◽  
Criminal Offense ◽  
The Russian Federation ◽  
The Government ◽  
The Russian Empire ◽  
Administrative Responsibility

The Institute of Legislation and Comparative Law under the Government of the Russian Federation held a scientificpractical seminar, devoted to discussion of the problems of evolution of administrative responsibility in Russia. Within the framework of the scientific event, such issues were discussed as: criminal offense under the legislation of the Russian Empire as a prerequisite for the emergence of administrative responsibility, the emergence of administrative responsibility in the first years of Soviet power, administrative responsibility in the system of legal responsibility, attempts to codify legislation on administrative responsibility — goals, objectives, principles, forms of codification, Fundamentals of the legislation of the USSR and the Union republics on administrative offenses and the Code of Administrative Offenses of the RSFSR — the first codification, trends in the development of legislation of the constituent entities of the Russian Federation on administrative offenses, the problem of coordination of lawmaking in the field of establishing administrative responsibility, and others.

scholarly journals A State of Administrative Punishment

Lex Russica ◽  
2021 ◽  
pp. 44-53
Author(s):  
N. A. Morozova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
The State ◽  
Negative Consequences ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
One Year ◽  
Severe Punishment ◽  
Administrative Responsibility

The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislation on administrative offenses, and talk about the "state of administrative punishment" that should be understood as a special legal status of a person brought to administrative responsibility, characterized by the possibility of the imposition of a more severe punishment in the event of a repeated offense and the application of other negative measures. Under the Code of Administrative Offences of the Russian Federation, the term of administrative punishment is one year, i.e. any negative consequences of being brought to administrative responsibility can take place within a year after the end of the execution of the sentence, including the possibility of imposing a more severe punishment for the repeated offense, recording the information about the facts of bringing to responsibility during employment, disseminating information about the fact of committing an offense. After the expiry of the term of administrative punishment, the person should be considered not previously brought to administrative responsibility. After that term no negative consequences associated with this fact can take place. As in criminal law, the term of administrative punishment can differentiate depending on the gravety of the offense or the type of punishment imposed. The mechanism is provided for the early termination of the state of administrative punishment.

scholarly journals “Unsubscription” as a Violation of the Legislation of the Russian Federation on the Procedure for Considering Citizens’ Appeals: Problem Statement

2020 ◽  
Vol 17 (4) ◽  
pp. 534-544
Author(s):  
E. A. Glukhov
Keyword(s):  
Russian Federation ◽  
Research Problem ◽  
Scientific Methods ◽  
Legal Norms ◽  
Sociological Approach ◽  
Legal Method ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Normative Content

The word “unsubscription” has long been firmly used by Russian citizens, but this social phenomenon has not yet been studied in practice in legal science. In this article, the Author tried to fill this gap and analyze the nature of the replies of modern Russian officials, classify them, and identify the causes and conditions that determine them.When preparing the article, we used methods of formal logic-comparison, description, classification, analysis, synthesis, etc., which allowed us to characterize the existing system of consideration of citizens from the position of its normative content. Among the private scientific methods, the formal-legal method used in the analysis of legal norms on consideration of appeals was used; logical-legal method, by which the content of legal norms in relation to the problem under consideration was studied; specifically, it is a sociological approach that was used in the analysis of statistical data related to the research problem.The Author offers a classification of unsubscriptions depending on their content, the motive for writing, the circle of subjects, and the degree of multiplicity. Separately, the article analyzes formal responses with little content, sent from higher and Supervisory authorities, if the applicant applies to them after receiving a response from another authority and disagrees with it. On the example of specific unsubscriptions, we analyze options for evading inspections by law enforcement officials related to violations of the rights of citizens-applicants.The author cites corporate rules of conduct, a desire to get rid of work, “defending the honor of the uniform”, excessive secrecy of activities, as well as the impunity of the official who prepared the response as reasons for the formal attitude to his responsibility for a comprehensive and objective review of appeals.Take measures to prevent violations of the rights of citizens in the sphere of consideration of their applications, in particular, the introduction to the Code of the Russian Federation on Administrative offenses of article 5.59, not removed the relevance of the problem. As a rule, punishments under this article occur due to violation of the terms of consideration of appeals or even from evasion of giving a response to appeals, but the completeness and semantic load of the response itself are not studied. The author makes some suggestions for improving the effectiveness of interaction between people and authorities.

On administrative responsibility of recipients of inter-budget transfers for violating the procedure and (or) terms of provision (expenditure) of inter-budget transfers

2021 ◽  
Vol 27 (9) ◽  
pp. 2158-2168
Author(s):  
German N. SKLYAROV
Keyword(s):  
Comparative Law ◽  
Public Law ◽  
Current Version ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Administrative Responsibility

Subject. The article discusses administrative responsibility of recipients of inter-budget transfers (their officials) for violating the procedure and (or) conditions for provision (spending) of inter-budget transfers, including an attempt to determine the time of occurrence of the offense for which it is possible to bring to administrative responsibility. Objectives. The aim is to identify problems in the field of administrative and financial legislation that complicate the classification of violations of the procedure and (or) conditions for the provision (spending) of inter-budget transfers. Methods. The study draws on general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logic and comparative law methods. Results. The findings include the following: 1) the current legislation does not define the moment, after which an inter-budget transfer is considered as granted; 2) in some cases, laws and regulations directly establish the time, from which the provision of inter-budget transfer is considered completed; 3) if there is no such an indication in a regulatory legal act, presumably, the inter-budget transfer is considered as provided when the funds entered the single account of the budget of a public law entity; 4) violations of the procedure and (or) conditions for the provision of inter-budget transfers are possible even before the actual provision of such transfers. Conclusions. The current version of Part 3 of Article 15.15.3 of the Code of the Russian Federation on Administrative Offenses requires clarification as to the wording of the subject that committed an offense.

scholarly journals Recommendations for improving the effectiveness of measures of administrative responsibility of legal entities and officials in the sphere of road traffic

2021 ◽  
pp. 12-17
Author(s):  
Fazil' Kubaidullaevich Batenov
Keyword(s):  
Russian Federation ◽  
Road Traffic ◽  
Legal Framework ◽  
Scientific Methods ◽  
Legal Norms ◽  
Medical Institutions ◽  
The Russian Federation ◽  
Theory Of Law ◽  
Administrative Responsibility ◽  
Legal Entities

The object of this research is the system of public legal relations in the area ensuring road safety. The subject of this research is the legal norms that regulate the measures of administrative responsibility of legal entities and officials in the sphere of road traffic. The goal lies in examination of the normative legal framework that regulates the measures of administrative responsibility of legal entities and officials in the area of road traffic, as well as in formulation of recommendations for improving their effectiveness. Research methodology relies on the fundamental provisions of the theory of law; general scientific methods of analysis, synthesis, and deduction; special scientific methods, such as formal-legal and comparative legal. The novelty of this article consists in the development of specific recommendations for enhancing the measures of administrative responsibility of legal entities and officials in the area of road traffic: escalation of the measures of administrative liability set by the Article 12.32 of the Code of Administrative Offences of the Russian Federation for legal entities that conclude contracts with medical institutions; extension of the principle of responsibility of legal the entity for unlawful actions of their employees and to other administrative offenses of the Chapter 12 of the Code of Administrative Offences of the Russian Federation; extension of the content of the Code of Administrative Offences of the Russian Federation by the articles establishing administrative responsibility of legal entities and officials for administrative offenses associated with operation of highly or fully automated vehicles.

scholarly journals Trends in the development of Russian legislation regulating the mechanism of political parties' participation in elections

2019 ◽  
pp. 190-194
Author(s):  
Sergey P. Koval’ ◽  
Mikhail Yu. Tsvetkov
Keyword(s):  
Political Parties ◽  
Russian Federation ◽  
Legal Status ◽  
Electoral System ◽  
Electoral Process ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
Definition Of ◽  
Electoral Law ◽  
Optimal Type

This article analyses the aspects of the development of Russian legislation regulating the mechanism of parties 'participation in elections, the procedure for the creation of political parties, changes in the legal status of an electoral association, the prospects for the use of majority and proportional electoral systems, as well as the system of guarantees established following the results of parties' participation in elections. The author substantiates the idea that the improvement of the electoral legislation of the Russian Federation is to find the optimal type of electoral system, which provides an effective mechanism for the implementation of the people's representation at the federal, regional and municipal levels. The authors conclude that the development of new provisions in the field of electoral law on the assessment of the powers of political parties as the main collective participants in the electoral process, the definition of the scope and content of the rights of electoral associations to participate in specific actions and procedures will contribute to further democratisation and improvement of the electoral process.

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