NB: Административное право и практика администрирования最新文献

{"title":"Legal regulation of the use of unmanned vehicles in the Russian Federation","authors":"Ekaterina Gennad'evna Koroleva","doi":"10.7256/2306-9945.2024.1.69837","DOIUrl":"https://doi.org/10.7256/2306-9945.2024.1.69837","url":null,"abstract":"\u0000 The object of the study is a set of public relations in the field of road safety when using unmanned vehicles on public roads. The subject of the article is international and national legal norms regulating public relations, which are formed in connection with the introduction and use of unmanned vehicles on public roads. The purpose of this work is to study domestic legislation and the practice of using unmanned vehicles in road traffic, as well as to formulate proposals and recommendations for improving current legislation in this area. Particular attention is paid to the fact that since the idea of creating unmanned vehicles and its subsequent use on public roads, both in the Russian Federation and in other countries, the question arises of changing the regulatory framework governing the process of road traffic in the context of increasing widespread digitalization. In preparing the work, general scientific methods of scientific cognition were used, such as dialectical, logical, systemic, as well as special methods: comparative legal, formal legal. The author comes to the conclusion that the legal regulation of the use of unmanned vehicles is an urgent and important topic, because it is an innovative area that has the potential to change the transport industry and influence existing traffic rules and regulations. To do this, it is necessary to use an integrated approach to the legal regulation of the use of unmanned vehicles on public roads. First of all, it is necessary to develop a national standard \"On unmanned wheeled vehicles\", which should contain both the technical requirements for BTS and the requirements concerning the safety of the hardware and software control complex for such vehicles. In addition, it is necessary to adopt a law containing the basic concepts, terms, definitions, rights and obligations of developers and operators of BTS, and on the basis of this law to develop and amend existing regulatory legal acts regulating road safety and legal responsibility.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"55 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140526997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of norm-referenced regulation and indirect methods in optimizing law and reducing regulatory risks","authors":"Egor Viktorovich Trofimov","doi":"10.7256/2306-9945.2024.1.69327","DOIUrl":"https://doi.org/10.7256/2306-9945.2024.1.69327","url":null,"abstract":"The subject of the study is public relations in dynamically developing areas, where direct methods of public administration and traditional legal tools show their ineffectiveness. The purpose of the article is to develop an approach to the applicability of indirect methods in administrative and legal regulation in the context of the transition to Industry 4.0. The research was carried out on the basis of an interdisciplinary approach using method of system analysis and the dogmatic method. As a result of the study, it was concluded that increased government influence on the economy led to the formation of a process approach to administrative and legal regulation. However, the use of this approach assumes that identifying a defect is a norm that cannot, as a general rule, entail negative consequences for an economic entity. This feature is dissonant with the approach to legal regulation, and in a process sense it contains the less social value and carries the more threats, risks and costs, the more detailed it is. Overcoming the negative consequences of direct regulation is possible by using indirect methods of public administration, in which the solidarity of non-state actors with state goals is achieved through economic interest. Non-state regulation not only includes rule-making and control, but also requires providing incentives. Norm-referenced regulation is used in semi-formalized areas in which the state does not have awareness and effective tools for influence, but can use an incentive mechanism in areas of interest to the private sector. In such cases, the emphasis shifts from state to non-state regulation. In the context of the transition to Industry 4.0, the state will transfer regulatory functions to the private sector for self-regulation and local regulation with indirect influence from the state.","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"7 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139125281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Investigation of the purpose, functions and tasks of proceedings in cases of administrative offenses","authors":"Vitaliy Ivanovich Ivanov","doi":"10.7256/2306-9945.2024.1.69771","DOIUrl":"https://doi.org/10.7256/2306-9945.2024.1.69771","url":null,"abstract":"\u0000 The object of the study is the general purpose and function, as well as the tasks of the proceedings in cases of administrative offenses. The interdependence and relativity of the concepts of \"purpose\" and \"task\" of proceedings in cases of administrative offenses cause difficulties in establishing their distinctive features and mutual differentiation, and therefore the issue of defining these categories in the science of administrative law is currently debatable. For this reason, the works of prominent Russian jurists such as D. N. Bakhrah, V. V. Dorokhin, S. D. Mogilevsky, A. Y. Yakimovich, revealing the content and essence of these concepts from different sides, formed the subject of this study. The specificity of the research object was a decisive factor in determining the research methodology. In preparing the article, a set of general scientific and private scientific methods was used, including the method of system analysis, which ensured the validity of the author's judgments, suggestions and recommendations. Within the framework of a systematic analysis, directing the research process from a complex to a simpler manifestation of the object of research, the author, based on the patterns of formation of tree-like hierarchical structures, reveals the content of the above concepts in an original way, defines the general law-restoring nature of production, identifies the law enforcement stages in it, as well as the goals and special tasks of each stage. As a result of the research, the author's version of Article 24.1 of the Code of Administrative Offenses of the Russian Federation is proposed, which establishes a legal definition of the purpose of proceedings in cases of administrative offenses. Proposals for improving the current legislation indicate the applied significance of this study, while some conclusions and theoretical generalizations of the author can be used to conduct further research in this direction.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"17 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140520020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Practical proposals for improving the legal mechanism of rehabilitation in case of illegal administrative prosecution.","authors":"A.V. Palatin","doi":"10.7256/2306-9945.2023.3.43760","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.3.43760","url":null,"abstract":"\u0000 This article explores ways to improve the institute of rehabilitation of individuals and legal entities illegally brought to administrative responsibility in Russian administrative law. The substantiation is given that the institute of administrative and legal rehabilitation consists of a set of actions aimed at making a decision on the termination of administrative prosecution on rehabilitating grounds, restoring an innocent person in violated rights and compensation for the harm caused. Based on the analysis of practical proposals put forward by scientists, the necessity is substantiated and ways of implementing legal regulation of administrative and legal rehabilitation using public and civil law mechanisms are proposed. The main conclusions of the study are that the right guaranteed by Article 53 of the Constitution of the Russian Federation to everyone to compensation by the state for damage caused by illegal actions (or inaction) of public authorities or their officials should be reflected in the sectoral (administrative) legislation. For the development of the institute of rehabilitation, it is important to use the experience of countries that recognize in national administrative legislation the right to rehabilitation and compensation for damage caused to an individual or legal entity by illegal actions of the authorities of jurisdiction. Such experience is important for the development of the institute of rehabilitation in the Russian administrative legislation. The introduction of the institute of rehabilitation into the Russian administrative legislation will not only ensure the rights guaranteed by the Constitution of the Russian Federation, but also improve the quality of the administrative process (in terms of proceedings on administrative offenses).\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122156382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Organization of the Activities of the Internal Affairs Bodies in the Context of the Emergence of New Challenges to Russia's Cybersecurity","authors":"V. V. Begeza","doi":"10.7256/2306-9945.2023.2.39962","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.2.39962","url":null,"abstract":"\u0000 The article deals with the problem of the organization and effectiveness of law enforcement agencies in ensuring cyber security of the Russian Federation. Based on the analysis of regulatory legal acts and the effectiveness of law enforcement agencies. Cybercrime is gaining more and more popularity every year, and thus more and more importance is attached to it by law enforcement agencies. Statistics of the GIAC of the Ministry of Internal Affairs of Russia on the state of crime in the Russian Federation for January - October 2022 shows that the number of crimes committed using information technology decreased by 5.6%. However, such statistics only confirm that law enforcement agencies are successfully coping with the performance of a preventive function, preventing and suppressing crimes in the field of information technology.   At the same time, statistics do not indicate that cybercrimes are losing their relevance. They are acquiring a new format, becoming more sophisticated in technical terms, which, of course, requires more competence and professionalism from law enforcement agencies in this area. In 2022, a new department is operating in the structure of the internal affairs bodies – the \"Department for the Organization of Combating the Illegal Use of Information and Communication Technologies\" as a specialized department in the structure of the Ministry of Internal Affairs of Russia. The legislator points out as the reasons for the creation of the Department – the growth of computer attacks, remote theft of funds and the active development of the illegal digital industry.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125167391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Actual Problems of Normative Legal Regulation of State Registration of Vehicles (Self-Propelled Vehicles) in the Russian Federation","authors":"Ivan Sergeevich Lomov","doi":"10.7256/2306-9945.2023.2.39847","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.2.39847","url":null,"abstract":"\u0000 2022 has become a defining period for fundamental changes in the legislation of our country. It became not only an impetus for global reform, but also fully determined the main stages of the forthcoming work to reshape the country's regulatory system as a whole. The special military operation gave a premature impetus to the final understanding of the most important and priority areas of our country's life. One of these areas, of course, is the transport sector. First of all, the life and health of people, the safety of property and safety for the environment depend on full transparency in this area. Our article is intended to identify the key problems of regulatory legal regulation of the state registration of vehicles (self-propelled vehicles) in the Russian Federation and offer their solution. The relevance of our topic is related to the strengthening of state control over the processes associated with the use of vehicles or self-propelled vehicles by citizens for personal, industrial, agricultural and other purposes.The main objective of our article is to make a proposal for a radical change in the regulatory legal approach to actions related to state registration by the authorized bodies of the Russian Federation of vehicles and self-propelled vehicles.The uniqueness of the work and its scientific novelty lies in the fact that the problems identified by us in the field of state registration of vehicles and self-propelled machines are proposed for the first time to be solved by amending the whole complex of regulatory legal acts of the Russian Federation, as well as by changing the already established procedural principles of the work of registration authorities.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124096431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problems of the Implementation of the Principle of Legality by Police Officers when Applying Measures to Ensure Proceedings in Cases of Administrative Offenses","authors":"Eduard Tomovich Sidorov","doi":"10.7256/2306-9945.2023.2.40426","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.2.40426","url":null,"abstract":"\u0000 The object of the study is the social relations that arise when police officers apply measures to ensure proceedings in cases of administrative offenses. The subject of the study is the legal norms contained in Chapter 27 of the Code of Administrative Offenses of the Russian Federation. The proposed article analyzes a number of measures to ensure the proceedings in cases of administrative offenses used by police officers in the exercise of official powers. The purpose of the work is to conduct a study of the theoretical provisions and law enforcement practice of the internal affairs bodies on the application of measures to ensure proceedings in cases of administrative offenses and, based on this, formulate proposals and recommendations for improving police activities in this area. As a result of the conducted research, the following conclusions were formulated. 1. Measures to ensure the proceedings in cases of administrative offenses, which are applied by the internal affairs bodies in the implementation of administrative and jurisdictional activities, significantly restrict the rights and freedoms of citizens. 2. Police officers exercising their powers of authority may apply them only on the basis of the Code of Administrative Offences of the Russian Federation, which contains both administrative-legal and administrative-procedural norms. 3. Other laws and by-laws should not contain measures of administrative and procedural support that are not regulated by the Administrative Code of the Russian Federation. 4. The law enforcement practice of the internal affairs bodies in the field of bringing citizens to administrative responsibility shows the need to develop administrative procedures for the application of measures to ensure proceedings in cases of administrative offenses. 5. These administrative procedures (the procedure for conducting a personal search, the procedure for conducting a vehicle inspection, etc.) should be fixed in regulatory legal acts and regulate in detail the procedure for their conduct.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127552242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Principle of \"Mirror Reflection\" in the Rights and Obligations of Participants in Foreign Economic Activity and Customs Authorities","authors":"A. Bobrova","doi":"10.7256/2306-9945.2023.2.39725","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.2.39725","url":null,"abstract":"\u0000 The subject of the study is the relationship between the rights and obligations of participants in foreign economic activity and customs authorities, namely, the implementation of the principle of \"mirror reflection\" in the complex formation of rights and obligations. The purpose of the study is to search for gaps in customs legislation that do not directly link the rights and obligations of customs subjects, as well as to develop recommendations for its amendment. The methodological basis of the study was a comparative analysis of the rights and obligations of customs authorities and their officials with the rights and obligations of participants in foreign economic activity, in particular, declarants, persons subject to customs inspection, and other participants. The novelty of the research lies in the formation and justification of the principle of \"mirror reflection\" when introducing the rights and obligations of the main counterparties in customs. The study revealed a discrepancy between the rights and obligations of the parties, both in the context of the relations \"customs authorities – participants in foreign economic activity\", and when comparing the rights and obligations of each of the parties. It was also shown that they are not presented systematically and in full in regulatory legal acts, and their implementation is hindered by the lack of an effective mechanism. The results of the study can be used by the legislative power of the country to amend customs legislation and customs authorities to regulate relations with participants in foreign economic activity. The article develops recommendations for improving the legal basis of relations for customs entities, in particular, it is proposed to bring the rights and obligations of the parties into full compliance, as well as to justify the mechanism of their action within each right and obligation.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129281966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Licensing activities in the sphere of turnover of alcoholic and alcohol-containing products.","authors":"Natalia Viktorovna Subanova","doi":"10.7256/2306-9945.2023.2.38183","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.2.38183","url":null,"abstract":"\u0000 The object of the study is a set of legal relations that develop in the process of carrying out licensing activities in the field of production and turnover of alcoholic and alcohol-containing products, which continues to be one of the most criminalized areas of the Russian economy, the high proportion of licensing regulation of which is due to stable profitability and turnover of goods, the presence of stable demand, as well as risks associated with damage to life or health citizens, the influence of alcoholization of the population on the demographic situation in the country, its close relationship with crime. The author examines in detail the features of the permissive impact on the regulated industry, paying attention to its legal basis and content, the main problems and areas of improvement, which is covered by the subject of this work. The novelty is distinguished by the author's position, which explains the specifics of the administrative and legal regime of the turnover of alcoholic and alcohol-containing products in the context of a combination of various forms of licensing activities affecting economic entities – first of all, we are talking about licensing. The progressive complication of the public-legal elements of alcohol market regulation aimed at protecting common (public) interests, which do not exclude fiscal interest, is carried out in the direction of detailing the order of turnover of such products and the conditions of licensees' activities. The author notes the undeniably positive impact on the state of legality in the implementation of licensing activities in the sphere of turnover of ethyl alcohol, alcoholic and alcohol-containing products of the tendency to improve its legal framework, unification and centralization of legal regulation. At the same time, some of its shortcomings have been identified, reflecting the peculiarities of licensing activities for the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products based on the norms of a special law.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125631840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public Law Aspects of Technical Regulation of Artificial Intelligence in Russia and the World.","authors":"A. Atabekov","doi":"10.7256/2306-9945.2023.2.39938","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.2.39938","url":null,"abstract":"\u0000 Within the framework of this article, a comparative analysis of existing approaches to the implementation of technical regulation of artificial intelligence in the public law of Russia and foreign countries is carried out. As part of the comparative analysis, the basic problems in the field of proper technical and public regulation of artificial intelligence in the world practice are identified, the practice of technical regulation in Russia is considered separately, and possible compensatory legal measures are proposed to ensure transparent and proper practice of technical regulation of artificial intelligence in the field of public administration in Russia. The subject of the study is the legal relations of public authorities in the field of technical regulation in relation to artificial intelligence. The object of the study is the regulatory documents, recommendations and other documents regulating the implementation of the autonomy of artificial intelligence for the purposes of public legal relations in Russia and foreign countries, academic publications and analytical reports on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the problems of ensuring the proper quality of technical regulation of artificial intelligence through the prism of the actions of standardization bodies and other public authorities. The considered typical situations, the current practice of technical regulation of artificial intelligence, as well as the methods proposed by the author can be reflected in the legislative and law enforcement practice of relevant authorities responsible both for technical regulation and for ensuring the integration of this technology into the sphere of public legal relations.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125673187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}