scholarly journals Separate question on prevention of alcohol abuse within the framework of administrative regulation of the Russian Federation

2020 ◽  
pp. 71-78
Author(s):  
Aleksandr Viktorovich Izinger ◽  
Sergei Nikolaevich Groshev
Keyword(s):  
Law Enforcement ◽  
Alcohol Consumption ◽  
Alcohol Abuse ◽  
Russian Federation ◽  
Social Relations ◽  
State Policy ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Administrative Regulation ◽  
The Government

The object of this research is the social relations established in the context of regulatory impact of the government upon the model of alcohol consumption. The author explores the questions of effectiveness and sufficiency of measures taken within the framework of administrative legislation. The subject of this research is the legal norms, scientific sources and law enforcement practice that characterizes the key vectors of government activity on prevention of alcohol abuse. The scientific novelty consists in consideration of state policy in this regard, with the exclusion of repressive intervention into social relations associated with alcohol consumption if they do not cross the boundaries of acceptable behavior manifested in the facts of alcohol abuse. The article is dedicated to the questions of state policy aimed at prevention of alcohol abuse in the Russian Federation. The author reviews the role of government in regulation of social relations in this area, as well as determines the regulatory mechanism, including the norms of administrative legislation. The recent Russia’s experience in the struggle against drunkenness and alcoholism is described. The content of the Code of Administrative Offences of the Russian Federation is analyzed for determining the forms of regulatory influence upon the level and model of alcohol consumption. The author highlights the peculiarity of preventive impact of the norms of administrative legislation for actions related to alcohol abuse; notes separate flaws of administrative regulation in the area of prevention of alcohol abuse. Recommendations are made on the improvement of administrative legislation and law enforcement practice regarding the prevention of alcohol abuse.  

scholarly journals Aggregate as a type of multiplicity of administrative offences: concept and legal formalization

2020 ◽  
pp. 11-17
Author(s):  
Natal'ya Anatol'evna Akhtanina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Scientific Literature ◽  
Law Schools ◽  
Legal Norms ◽  
Administrative Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The object of this research is social relations emerged on the basis of administrative-legal norms, which regulate the aggregate of administrative offences. The subject of this research is the scientific literature, normative legal acts and law enforcement practice related to the concept of the aggregate of administrative offences. The author examines approaches of the scientists of various law schools to the concept of aggregate of administrative offences, its development and transformation in time. The author indicated the flaws in the current administrative legislation in part of the absence of legislative consolidation of the concept of “aggregate” of offence, which results in occurrence of a number of problems. The article explores the legal norms that regulate aggregate of offences in administrative legislation of the Russian Federation. A comparative analysis is conducted on consolidation of the aggregate of offences in administrative and criminal law. The scientific novelty is defined by upcoming changes in administrative legislation. This is the reason why improvement of the Code of Administrative Offences of the Russian Federation with regards to regulation of the question of the aggregate of administrative offences gains more relevance. A conclusion is made on the need for establishing in law the unified detailed definition of the “aggregate” of administrative offences, which would allow ensuring more effective application of legal norms. A need is also underlined for the need of legislative consolidation of such feature of offences that are a part of the aggregate as “absence of bringing to accountability for earlier commission of an unlawful act”.  

scholarly journals RESEARCH OF PROBLEMS OF FORMATION OF ADMINISTRATIVE AND PUNISHMENT POLICY OF THE RUSSIAN FEDERATION IN THE FIELD OF ADMINISTRATIVE PUNISHMENTS: ISSUES OF ACTUALIZATION

2021 ◽  
Vol 6(72) (3) ◽  
pp. 366-371
Author(s):  
V. N. Tsyndrya
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
State Policy ◽  
The State ◽  
Practical Significance ◽  
Project Work ◽  
Legal Foundations ◽  
The Russian Federation ◽  
The Government

The article actualizes the need to study the problems of forming the state policy of the Russian Federation in the field of administrative penalties. It was established that the conduct of such a study is due to the objective need to improve the theoretical and legal foundations of the formation of administrative and punitive policies, as well as their consideration in the legislative work. As a hypothesis of such a study, it has been suggested that identifying the laws governing the formation of administrative and punitive policies using modern methods of scientific knowledge will help to improve the quality of normo-project work, primarily when developing a new Code of Administrative Offenses of the Russian Federation, optimizing the mechanisms for taking into account public opinion as a form of response to novelize the legislation on administrative responsibility, to reduce the period for introducing new or updated administrative-tort rules into law enforcement practice. Its purpose, objectives, object, subject, methodology and practical significance are determined. The end result of the study was the development of a theoretical model of the part of the “Concept of the state policy of the Russian Federation in the field of administrative penalties”, revealing its stage (phase) – formation, which is further proposed to be reflected in the draft of the relevant resolution of the Government of the Russian Federation.

THE WILLINGNESS OF THE UNIVERSITY GRADUATE THEM. V.G. SHUKHOV TO ENSURE ECONOMIC SECURITY: BASIC CRITERIA OF

2016 ◽  
Vol 1 (12) ◽  
pp. 252-255
Author(s):  
Баранов ◽  
Vladimir Baranov ◽  
Шилова ◽  
Vera Shilova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Economic Security ◽  
Executive Power ◽  
The Face ◽  
Effective Instrument ◽  
The Russian Federation ◽  
A Priority ◽  
The Government ◽  
The University

Now the problem of ensuring economic security is a priority for the Government of the Russian Federation, federal bodies of executive power to its subjects. An effective instrument for ensuring economic security Act the executive authorities in the face of law enforcement. Their actions include a set of measures aimed primarily at minimizing threats to economic security, which, in turn, imposes special requirements to the professional readiness specialist.

scholarly journals RUSSIAN INVESTIGATION AS VIEWED BY A HISTORIAN

2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
18Th Century ◽  
Legal Aspects ◽  
Russian Society ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law ◽  
The Government ◽  
Low Efficiency

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

scholarly journals ADMINISTRATIVE OFFENSE: ONTOLOGY OF GUILT AND PUNISHMENT

2020 ◽  
pp. 59-66
Author(s):  
Александр Анатольевич Беженцев
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Subsequent Development ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Current Code

Автором исследуется гносеология форм вины в зависимости от степени общественной опасности, делается вывод о том, что признание административным законодательством виновности свойством всех административных правонарушений имеет исключительно важный смысл, так как способствует точному соблюдению принципов социальной справедливости, дальнейшему укреплению законности в стане и отвечает не только требованиям последующего развития административного права, но и нуждам правоприменительной практики административно-юрисдикционной деятельности. Одним из обязательных юридических признаков понятия административного правонарушения является и наказуемость деяния, так как в действующем КоАП РФ применяется как термин «наказание», так и «взыскание». Автор разграничивает данные понятия, делает вывод о том, что наказуемость является одним из необходимых признаков понятия административного проступка, поскольку без административного правонарушения не возможно наказание, точно так же как без причины нет следствия. The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.

scholarly journals Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation

2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Point Of View ◽  
Law And Order ◽  
Social Tension ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Legal Mechanism ◽  
Coordination Activity

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.

Optimizing monetary compensation and social guarantees for civil servants

2021 ◽  
Vol 23 (5) ◽  
pp. 6-25
Author(s):  
SERGEY PCHELINTSEV ◽  
◽  
NATALIA ISAEVA ◽  
Keyword(s):  
Social Support ◽  
Russian Federation ◽  
State Policy ◽  
Civil Service ◽  
Civil Servants ◽  
Professional Managers ◽  
Monetary Compensation ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Government

The article analyzes the proposals of the draft law of the Government of the Russian Federation aimed at optimizing the structure of monetary compensation and social guarantees for civil servants. This law should embody the provisions and the main directions for the development of the civil service designated by the Presidential Decree. The authors consider the range of grounds influencing the formation and optimization of the amount of monetary compensation for civil servants, as well as some other circumstances such as, for example, the specifics of civil service. The authors cite an extensive foreign practice of determining the monetary compensation for civil servants and believe that some of them can be applied in Russian practice as well. It is noted that well-organized social support for civil servants increases the number of highly professional managers who can effectively pursue state policy and increase the prestige of the civil service.

scholarly journals Legal Analysis of Fraud in the Banking Sphere

2021 ◽  
Vol 2 ◽  
pp. 80-85
Author(s):  
L.A. Petryakova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Banking Sector ◽  
Theoretical Calculations ◽  
General Rule ◽  
Criminal Code ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Objective Side

Based on the analysis of the more frequent cases of committing fraud in the banking sector, the features of the criminal-legal characteristics of the offenses provided for by Art. 159.1 and 159.3 of the Criminal Code of the Russian Federation. It was established that Articles 159.1 and 159.3 of the Criminal Code of the Russian Federation by virtue of Part 3 of Art. 17 of the Criminal Code of the Russian Federation are special in relation to the general rule providing for liability for fraud in general, and therefore they most fully disclose by the legislator the specific and characteristic features of social relations in the banking sector, which are subject to criminal law protection. Attention is focused on those signs, the definition of which is more difficult in law enforcement. Particular attention is paid to the analysis of the direct object of fraud in the banking sector, the disclosure of the content of its objective side, including the method of committing the crime. The subjective signs of fraud in the banking sector are considered. Practical examples of bringing the perpetrators to justice for banking fraud are demonstrated. Based on the results of the study, the author of the work comes to the conclusion that it is necessary to improve legislation in this area, to strengthen the explanatory and law enforcement activities of the relevant subjects of legal relations. In addition, the analysis of judicial practice given by the author in the study emphasizes its controversial nature. In other words, the author supports the theoretical calculations with an analysis of practical features.

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.

Sign in / Sign up

Export Citation Format

Share Document