The Interpretation of Certain Norms of the General Administrative Code of Georgia and Law of Georgia on Police

This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, pro-vision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as subject required by the General Administrative Code of Georgia and Administrative Offenses Code of Georgia, in both cases is an authorized administrative body (officials). Responding to administrative offenses by police is an important part of the activities carried out by the state authority (police). There- fore, Law of Georgia on Police distinguishes preventive function of the police from function of responding to offense. Also, the Article 5 of the law defines legal grounds for police activities, however this article does not contain specific references to Administrative Offenses Code of Georgia what can be deemed as legislative shortcoming. Taking into consideration the above-mentioned, in order to clarify the law and to achieve objective goal of the legal norm, below listed terms shall be added to 1. General Administrative Code of Georgia Section 4, Article 3, and 2. Law of Georgia on Police, Article 5.

ONCE MORE, ON POLITICIZING CIVIL SERVICE IN ROMANIA AND EUROPE

Obviously, the most recent tumultuous changes in the Romanian legislative area regarding the public administration or civil servants inevitably led to discussions as well as queries regarding the real / authentic reform of the administration, how deep the political interferences in the current administration have become, or to what extend the appointments in civil service are based on the value and professionalism of the nominated ones. The article herein aims to debate upon the way the status of the prefect has evolved over time in Romania, but also in other European countries, but also to what extent the political environment has brought a positive or negative influence. Moreover, we consider that it is necessary to analyze all these aspects having regard to the amendment of the Administrative Code by the Emergency Ordinance no. 4/2021.

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

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.

WHAT PREVENTS IMPROVING ROAD SAFETY IN RUSSIA?

Проведен анализ влияния факторов, мешающих безопасности дорожного движения, сформулирован вывод о том, что главными причинами являются отсутствие учета повторности нарушений и степени возникающей при этом опасности. Предложено вернуться к балльной системе учета повторности нарушений. Разработана шкала учета опасности нарушений. Сформулированы предложения о внесении изменений в ПДД и КоАП РФ. The analysis of the influence of factors that interfere with road safety is carried out, and it is concluded that the main reasons are the lack of consideration of the repetition of violations and the degree of danger that occurs in this case. It is proposed to return to the point system of accounting for the repetition of violations. A scale for accounting for the risk of violations has been developed. Proposals for amendments to the traffic regulations and the Administrative Code are formulated.

Coding Variation and Adherence to Methodological Standards in Cardiac Research Using the National Inpatient Sample

Background: Code selection is crucial to the accuracy and reproducibility of studies using administrative data, however a comprehensive assessment of coding trends for major cardiac diagnoses and procedures is lacking. We aimed to evaluate trends in administrative code utilization for major cardiac diagnoses and procedures, and adherence to required methodological practices in cardiac research using the National Inpatient Sample (NIS).Methods: In this observational study of 445 articles, ICD-9-CM codes corresponding to acute myocardial infarction (AMI), heart failure, atrial fibrillation, percutaneous coronary intervention, and coronary artery bypass grafting were collected and analyzed. The NIS was used to compare the number of hospitalizations between the most frequently encountered AMI case definitions. Key elements were abstracted from each article to evaluate adherence to required methodological practices.Results: Variation in code utilization was observed for each diagnosis and procedure assessed, and the number of unique case definitions published per year increased throughout the study period (P < 0.001), driven largely by the significant increase in articles per year (P < 0.001). Off-target codes were observed in 39 (8.8%) studies. Upon reintroduction into the NIS for 2008–2012, the most commonly encountered case definitions for AMI were found to yield significantly different estimates of AMI hospitalizations and hospitalization trends over time. Three hundred and ninety-nine articles (84%) did not adhere to one or more required research practices. Overall adherence was superior for publications in higher-impact journals (P = 0.002).Conclusions: Substantial variation in code selection exists for major cardiac diagnoses and procedures, and non-adherence to methodological standards is widespread. These data have important implications for the accuracy and generalizability of analyses using the NIS.

Differentiated Analysis of the «Insult» Speech Genrebased on Messages from a Social Network Internet Sites

The study of Internet mediated speech communication seems relevant due to the dynamic development of the Internet language, the lack of its codification and legal regulation, duplication of social practices and processes in the virtual environment. The present research is focused on one of the conflicting speech genres (speech acts), which is frequent within Internet communication. Speech actions in the genre of insult in some cases acquire illegal actions and are considered from the standpoint of law enforcement in the practice of forensic linguistics. The novelty of this study lies in the differentiated approach to insults as applied not only to the binary division of its interpretation within the ordinary logic and legal grounds, but also to the study of the distinctive characteristics of this phenomenon in refraction to various legal interpretations (in the criminal, civil, administrative codes). We analyzed written messages of Russian-speaking users of the social network site VKontakte, which were considered through the prism of the provisions of Article 5.61 Insult of the Administrative Code of the Russian Federation. In the course of the study, it was revealed that even within a specialized dataset of messages, perceived by the recipients as insulting messages, the share of messages corresponding to the criterion basis of insult (Article 5.61) is negligible.

Administrative punishment of legal entities as an administrative coercion measure

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.

Public law legal entity

After the entry into force of the Administrative Code of Republic of Moldova, the legal person under public law becomes a complex research topic. Taking into account the fact that, the Administrative Code of Republic of Moldova operates only with the notion of ,,public authority”, notions such as ,,public institution” and / or those legal entities of private law remain in the shadows which, in turn, by Law 714/200 on administrative litigation (repealed) were equivalent to public authorities, including in litigation cases. Of course, the above positions are not the only problematic moments in the judicial doctrine and practice, along the way the issue indicated in this article remains to be researched and argued continuously.

ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES

The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).