Prevention of victimization in the area of road traffic

The subject of this research is the preventive measures aimed at elimination of victimization that within the framework of road traffic in the Russian Federation. The object of this research is the social relations of victimhood that arise among all road users. The author carefully examines such aspects of the topic as forms of victimhood in the area of road traffic, measures that should be implemented for elimination of victimization in the area of road traffic, and provides practical example of victimhood caused by road accident. Special attention is given to preventive measures aimed at elimination of victimization in the area of road traffic in the Russian Federation. The main conclusion lies in the statement that from the practical perspective, the effectiveness of preventive measures aimed at solution of the problem of victimization lies in the interest of the road users in maintaining safety through the appearance of the consequences of road accidents, stiffening of penalties for breach of legislative regulations, realization of responsibility both for one's self and loved ones. The author’s special contribution consists in providing definition to the two forms of victimhood in the area of road traffic: 1) careless, caused by unintentionally by lack of experience of road users, substantiated by situational behavior of persons with poor sense of spatial environment; 1) reckless, caused by neglecting the road traffic regulations, provocative behavior on the road. The novelty of this work consists in the use of the relevant legal precedent that describes the victim side of road users.

Observance of individual rights and freedoms in the context of implementation of digital control by the executive branches

Digital technologies are being actively implemented in public administration, including oversight measures, which raises a legitimate question on the need to respect individual rights and freedoms in digital space and corresponding scientific research. The goal of this research lies in formulation of proposal aimed at improvement of the mechanism for observing individual rights and freedoms in the context of implementation of digital control, which in turn contribute to ensuring the balance between the interests of the state and the rights and freedoms of citizens in digital space. The methods of increasing the efficiency of oversight activity are offered. The novelty of this work is defined by the fact that the question at hand has not been studied by the scholars in the field of administrative law, despite the fact that in recent years the questions of digitalization of public administration are of crucial importance for both, the legislator and the researchers. The author attempts to analyze the existing problems in this sphere, as well as suggests the mechanisms for minimizing negative consequences and improving the organization of digital control.

The peculiarities of legal regulation of technical inspection of vehicles at the present stage

The subject of this research is the system of social relations in the sphere of road safety associated with technical operation of motor vehicles. The object of this research is social relations that arise in the context of mandatory vehicle inspection. The goal lies in examination of the current normative legal framework that regulates road safety, as well as in analysis of the proposals of state authorities on cancellation of mandatory technical inspection. The author explores the issues of normative legal regulation of vehicle technical inspection at the present stage. Special attention is given to negative impact of the cancellation of mandatory technical inspection of vehicles owned by citizens and used for personal purposes upon the road safety system. The novelty lies in the need for the improvement of social relations in the area of road safety. The author discloses the content of the current legislation pertaining to vehicle technical inspection; analyzes the relevant draft laws in the area of road safety; as well as formulate recommendations for the improvement of oversight legal relations by raising the responsibility of operators of technical inspection for its quality. The acquired results can be implemented in legislative activity of government agencies, law enforcement activity, educational process of educational institutions, scientific research on the problems of road safety, improvement of the branches of the Russian legal system.

Regional practice of legal regulation of the use of social networks in public administration

This article provides the results of analysis of legal acts of the authorities of the constituent entities of the Russian Federation that regulate administrative activity involving the use of social networks. It is noted that such type of interaction between public authorities, citizens and organizations is gaining widespread. The need for using social networks and instant messengers by public authorities has increased in 2020–2021, since the traditional “face-to-face” communication was suspended due to the outbreak of COVID-19 pandemic. The acquired results indicate a significant increase in the instances of regulation of the use of social networks (from 184 mentions in 2011 to 3125 in 2020). It is noted that the use of social networks in administrative activity is regulated by the two groups of legal acts: 1) the acts adopted specifically for regulation of the use of social networks; 2) the acts that regulate other types of relations, but containing separate norms on the use of social networks. At the same time, in the practice of legal regulation, the first group of acts is divided into two types:: acts that establish the procedure for creating and maintaining accounts (webpages) of public authorities in social networks; and acts that establish the procedure for maintaining communication (appeals, publications in social networks) that require a response. The author summarizes the structure of the corresponding legal acts, which provides grounds for their further research.

Imposition of cumulative administrative penalty: technical-legal defects and law enforcement problems in the sphere of forest conservation

The subject of this research is the social relations arising in the context of application of administrative sanctions for violating forestry legislation. The object of this research is the legislation on administrative offenses of the Russian Federation and foreign countries, law enforcement and judicial practice. The author observes the ambiguity of application of legislation on administrative offences by the state forestry departments in some constituent entities of the Russian Federation. Therefore, this scientific article indicates one of the relevant issues that stir up disputes among the law enforcement agencies – imposition of cumulative administrative penalty for violating forestry legislation. Using the universal dialectical, descriptive, and hermeneutical methods, the author analyzes the current administrative legal norms that regulate the procedure for imposition of cumulative administrative penalty. Special attention is given to the factors of ambiguity in law enforcement practice in terms of imposition of cumulative administrative penalty, which has developed due to the flaws in legal writing: 1) the absence of conceptual scientific developments dedicated to imposition of administrative penalty for cumulative administrative offenses; 2) simplified approach towards legal regulation of certain institutions of administrative responsibility that generates gaps in the legislation on administrative responsibility, which must filled in by law enforcement practice; 3) inappropriate interpretation of norms of the Article 4.4. of the Code of the Russian Federation on Administrative Offences by the law enforcement, and namely, judicial bodies. The scientific novelty consists in recommendations for improving the provisions of the Code of the Russian Federation on Administrative Offenses in this sphere. The conclusions are based on the formal-legal and logical methods of research.

On the educational function of administrative responsibility

The subject of this research is the views of the scholars on classification of administrative responsibility functions and substantiation of the existence and implementation of its educational function. The research methodology employs formal legal and dialectical methods. The authors examine various classifications of the functions of administrative responsibility, analyze the role of educational function therein, and trace its correlation with the general legal functions. It is indicated that namely the educational function does not receive due attention in modern research, and its potential is underestimated. It is proven that the absence of legislative consolidation of educational purpose in the Code of the Russian Federation on Administrative Offenses is not the reason to deny the educational function of administrative responsibility. The conclusion is made that the achievement of educational goal of the administrative function of administrative responsibility is the result of a comprehensive impact of the broadest range of legal, political, economic, moral-ethical, and other means. Thorough legislative mediation of the measures of administrative responsibility, their effective application, all-round encouragement of active lawful conduct, timely informing legal entities about the capacity of administrative responsibility, and consequences of implementation of its measures, ultimately realigns legal consciousness and “removes” unlawful attitudes. The article substantiates that law-abidance is the initial goal of educational function of administrative responsibility. Legal-abidance is formed not only due to realization of the capacity of law in regulating social relations, but also the concern to suffer deprivations as a result of implementation of administrative responsibility.

Ensuring national security: political-legal aspects

National security issues are crucial, multifaceted, and integral phenomena of social and political life of the country. This article explores the normative legal framework that regulates this sphere of social relations. The article presents an analysis of the features of legal support for national security as a problem of stabilizing society. Analysis is conducted on the peculiarities of legal support of national security as the problem of stabilization of society. The author notes that the national security policy, first and foremost should be aimed at ensuring geopolitical interests of the Russian Federation, its sovereignty, political stability, and progressive socioeconomic development. Research methodology employs complex and systemic approaches; systemic, functional, historical general scientific methods; analysis and synthesis as private scientific methods; formal-legal analysis of normative legal acts; and comparative legal method. It is claimed that in the sphere of domestic policy, the key prerequisite for achieving the protection of national interests should consists in unification of the nation in order to solve spiritual, cultural and material tasks due to the overall sustainability and consent in the country, nonviolent resolution of domestic social conflicts; while in the sphere of foreign policy – planning and implementation of foreign policy actions from the perspective of ensuring national interests. The author gives practical recommendations for further improvement of national security system of the Russian Federation.

On the oversight activity with regards to carpooling and exercising federal state supervision in the area of road safety to its participants

The subject of this research is the normative legal acts that regulate responsibility for nonobservance of mandatory requirements on ensuring road safety in the context of using online services for joint trips (carpooling), law enforcement practice, and consideration of the author’s perspective on the improvement of carpooling. The object of this research is the public relations that emerge while using online services for joint trips that involve personal vehicles with partial compensation for driver’s expenses (carpooling). The goal of this article is to improve legislation in the area of state oversight over the activity of individuals operating vehicle for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or a charter contract. The scientific novelty lies in proposing amendments to the current legislation in the sphere of exercising state supervision of ensuring road safety and interpretation of the Article 20 of the Federal Law No.196-FZ “On The Road Safety” in a new revision. The introduced changes would allow state supervision of the individuals operating vehicles for the purpose of obtaining commercial profit and organizers of the operation of vehicles without concluding transport agreement or charter contract. The adopted measures may contribute to elimination of factors that lead to commission of administrative offenses.

On the conflict of law in legislative provisions pertaining to the admission of citizens to operating the vehicles

The object of this research is the system of public legal relations in the sphere of ensuring road safety. The subject of this research is the legal norms that regulate the admission of citizens to operating the vehicles. The goal consists in analyzing the normative legal framework that regulate learner-driving, administration of driving tests for the right to operate a vehicle, as well as legal status of road users during the driving test. Research methodology is based on the fundamental provisions of the theory of law; generalization of practical experience; application of logical, monographic, and systemic analysis. The acquired results can be used in legislative activity of government bodies, law enforcement practice, educational process, scientific research on ensuring road safety, improvement of the branches of the Russian legal system. The novelty of this article is defined by practical and scientific significance of the problems of law enforcement agencies in the sphere of road safety, as well as the need for improving the legal framework that regulate the authority of police departments of the Russian Federation . The authors propose to discern between learner-driving and driving tests in the conditions of road traffic in the federal legislation and bylaws; establish the legal status of the exam administrator and the procedure of administering driving test; as well as specify responsibility of the indicated parties. Recommendations are made for improving the algorithm of administering driving test, and consolidation of definitions “driver candidate”, “driving test”, “exam administrator”.

Digitalization of state administration in the Russian Federation: advantages and risks

The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.