NB: Административное право и практика администрирования最新文献

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Grounds and Legal Mechanism of Digital Transformation of the Issuance of Official Documents Using NFT in Russia 俄罗斯公文使用NFT数字化转型的依据与法律机制
A. Mazein, A. Kozhevnikov
{"title":"Grounds and Legal Mechanism of Digital Transformation of the Issuance of Official Documents Using NFT in Russia","authors":"A. Mazein, A. Kozhevnikov","doi":"10.7256/2306-9945.2023.1.39720","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.1.39720","url":null,"abstract":"\u0000 The digital transformation of modern Russian society requires the introduction of new network interaction tools, the predominant among which are blockchain systems. Cryptographic transformation of information allows some blockchain systems to generate non-interchangeable tokens (NFT). Taking into account this possibility, cryptographically protected NFT tokens allows to create unique digital images of various objects that cannot be copied or shared. These technological grounds allow us to put forward the idea of translating the usual documents on physical media (paper passport, certificates) into the NFT form. Taking into account the goals of digital transformation, the principles of building blockchain systems, as well as the essential features of NFT, the authors put forward the idea that NFT can become a reliable way to store and protect official documents. At the same time, Russian law currently does not regulate the implementation of NFT documents. Therefore, the authors propose to consolidate the legal concept of an NFT document in the provisions defining the status of individual official documents and the procedure for their issuance. By an official NFT document certifying legally significant facts, the authors propose to understand such a document, which is created and issued by public authorities or authorized organizations, and represents a unique set of metadata transformed cryptographically. For the effective implementation of the mechanism for issuing NFT documents and its timely improvement, the authors propose to conduct a law-making experiment to introduce into circulation the procedure for issuing individual official documents in the form of NFT, and further scale the results of the experiment taking into account the analysis of its results.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131571810","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}
引用次数: 0
Legal Regulation of Strategic Public Administration in the Field of Environmental Protection (on the Example of the Subjects of the Ural Federal District) 环境保护领域战略性公共管理的法律规制(以乌拉尔联邦区主体为例)
Yuliya Alekseevna Razova
{"title":"Legal Regulation of Strategic Public Administration in the Field of Environmental Protection (on the Example of the Subjects of the Ural Federal District)","authors":"Yuliya Alekseevna Razova","doi":"10.7256/2306-9945.2023.1.39640","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.1.39640","url":null,"abstract":"\u0000 In this article, the author, using content analysis based on the formal legal method, investigated strategic planning documents in the field of environmental protection at the federal level, as well as in the subjects of the Russian Federation located on the territory of the Ural Federal District. Based on the results of their analysis, the author concludes that the existing system of strategic management in the field of environmental protection includes at the federal level the decrees of the President of the Russian Federation on national development goals and development objectives, the Environmental Safety Strategy and the national project \"Ecology. At the level of the subjects of the Russian Federation, it includes strategies for the socio-economic development of the subjects of the Russian Federation, state programs of the subjects of the Russian Federation (in the field of creating a favorable environment) and regional projects in this area. The author also notes that the period of implementation of state programs in the field of environmental protection differs in different subjects of the Russian Federation, and also differs from the period of implementation of national development goals and socio-economic development strategies of the relevant subjects of the Russian Federation, which requires adjustments for the harmonious development of the strategic management system. Also, according to the author, the fifth paragraph of Article 6 of Federal Law No. 7-FZ of January 10, 2002 requires correction, since it does not correspond to the provision of paragraph 8 of part 1 of Article 44 of Federal Law No. 414-FZ of December 21, 2021, which establishes the authority of the subjects of the Russian Federation to organize and implement regional and inter-municipal programs and projects in the field of environmental protection and environmental safety.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127472424","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}
引用次数: 0
Issues of Administrative Detention as a Measure of Administrative Procedural Coercion Used in the Field of Internal Affairs 行政拘留作为行政程序强制措施在内务领域的运用问题
Igor' Sergeevich Tregubov
{"title":"Issues of Administrative Detention as a Measure of Administrative Procedural Coercion Used in the Field of Internal Affairs","authors":"Igor' Sergeevich Tregubov","doi":"10.7256/2306-9945.2023.1.39679","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.1.39679","url":null,"abstract":"\u0000 The article discusses the essence of measures of administrative procedural coercion with an emphasis on the use of administrative detention. The paper reveals the essence of administrative detention as a measure of a procedural nature. The author concluded that the indication of the law that administrative detention will be applied in exceptional cases is a kind of formality. Every day, hundreds of thousands of citizens, foreign citizens are detained and delivered to the territorial and linear bodies of the Ministry of Internal Affairs of the Russian Federation. Therefore, it is not necessary to say that this administrative detention is some kind of exceptional (rare) measure of administrative influence. Based on this, administrative detention requires proper procedural and organizational support. The author analyzes different points of view regarding such a measure of administrative procedural coercion as \"administrative detention\", identifies the criteria that form the basis of this classification, depending on the duration of the administrative detention and the subject to which this impact will be applied. The article draws attention to the organizational and procedural problems of administrative detention, makes proposals for their elimination, and also makes proposals for fixing in the Code of Administrative Offenses of the Russian Federation, another measure to ensure proceedings in cases of administrative offenses, which is necessary to improve the effectiveness of administrative detention. Also in the work carried out the ratio of such measures as: \"delivery\" and \"administrative detention\".\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"110 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114006652","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}
引用次数: 0
Problems and Prospects of Legal Regulation of the Federal State Information System for Accounting and Control of Waste Management of Hazard classes I and II 联邦一级和二级危害废物管理核算和控制信息系统法律规制的问题与展望
Pavel Sergeevich Razov
{"title":"Problems and Prospects of Legal Regulation of the Federal State Information System for Accounting and Control of Waste Management of Hazard classes I and II","authors":"Pavel Sergeevich Razov","doi":"10.7256/2306-9945.2023.1.39637","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.1.39637","url":null,"abstract":"\u0000 The need to preserve the population, the health and well-being of people, to ensure a comfortable and safe environment for life determines the importance of a scientifically based transformation of the waste management system, including waste of hazard classes I and II. In the conditions of digital transformation, the Federal State Information System for Accounting and Control of Waste Management of hazard classes I and II has become a factor in streamlining state management of waste management. The system in question was created for the purpose of information support of waste management activities. At the same time, its creation began in 2019 and included a set of legal, organizational and informational measures. The author has determined that the implementation of this system ensures the implementation at a more advanced level of some economic and legal principles of waste management, including the principle of \"polluter pays\", the principle of economic incentives and the principle of proximity. At the same time, taking into account the identified problems at the present stage of development, directions for improving this system are seen, including: increasing its openness to ensure the possibility of civil control over the sphere of waste management, as well as the use of up-to-date digital technologies, including smart contract technologies that provide automatic transmission of information to the system. The author's ideas can be used to improve the legal regulation of this system and subsequent scientific research.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125508123","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}
引用次数: 0
Administrative Activities of the Police to Prevent and Suppress Offenses in the Field of Alcohol Consumption 警察预防和制止酒类消费违法行为的行政活动
S. Kostin
{"title":"Administrative Activities of the Police to Prevent and Suppress Offenses in the Field of Alcohol Consumption","authors":"S. Kostin","doi":"10.7256/2306-9945.2023.1.38881","DOIUrl":"https://doi.org/10.7256/2306-9945.2023.1.38881","url":null,"abstract":"\u0000 The subject of the study in this article is the methods of administrative activities used by the police of the Ministry of Internal Affairs of Russia in the course of preventing and suppressing offenses in the field of alcohol consumption. In particular, the author gives a brief description of such methods as \"direct administrative coercion\", \"providing police assistance\" and \"police supervision\", and considers the powers of the police to implement them. Particular attention was paid to law enforcement activities in the studied area in foreign countries, which allowed the author to argue the conclusion about the possibility of integrating a new partnership model of interaction between the police and society into the current domestic legislation « Neighborhood Watch». The main conclusion of the study is the assertion that the improvement of the administrative activities of the police in the prevention of offenses in the sphere of consumption of alcoholic products will be facilitated by the integration into law enforcement of a new administrative and legal method (the \"Neighbor's Watch\" method), which is a set of actions aimed at using state-created social conditions for obtaining information from citizens about the facts of alcohol abuse, providing assistance to persons who are in a helpless state as a result of intoxication, as well as humanizing the procedure for transporting persons who are in a state of alcoholic intoxication to their place of residence. The introduction of this method of administrative activity of the police will make a significant contribution to the implementation of the anti-alcohol policy of the state and ensuring law and order on the streets.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129795347","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}
引用次数: 0
Perspectives and Ways of Developing Alternative Methods for Calculating Administrative Fines 行政罚款计算替代方法的发展前景与途径
G. N. Gluzdak, Yana Yur'evna Likhomanova, L. S. Bulgakova
{"title":"Perspectives and Ways of Developing Alternative Methods for Calculating Administrative Fines","authors":"G. N. Gluzdak, Yana Yur'evna Likhomanova, L. S. Bulgakova","doi":"10.7256/2306-9945.2022.4.39111","DOIUrl":"https://doi.org/10.7256/2306-9945.2022.4.39111","url":null,"abstract":"\u0000 The research focuses on methods of calculating administrative fines, which could be considered as an alternative to the existing ones. The aim of the work is to propose such methods, as well as to identify prospects and ways of their development. The study examines the problem of the appropriateness of calculating administrative fines in hard money, which is particularly relevant in the context of insufficient effectiveness of this type of administrative punishment. The authors analyze changes in the domestic legislation on administrative offences, and also refer to the comparative legal method, comparing the methods of calculating fines in the Russian Federation and in other states: Belarus, Kazakhstan, Finland. The authors conclude that significant money fines are not sufficiently effective. The novelty of the study lies in the proposal of alternative methods for calculating the administrative fine: the determination of the amount of the monetary penalty in relation to the minimum wage, the base value or the calculation indicator, the income of the offender. Special attention is paid to the consideration of alternative ways of calculating administrative fines for traffic offences: The establishment of a relationship between administrative penalties and the cost of the vehicle or the capacity of its engine and the introduction of a penalty point system are proposed. The results of the study can be used to improve the legislation of the Russian Federation on administrative offences.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"82 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120885859","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}
引用次数: 0
New Zealand Subsoil Using Legal Regime 新西兰使用法律制度的底土
I. Manin
{"title":"New Zealand Subsoil Using Legal Regime","authors":"I. Manin","doi":"10.7256/2306-9945.2022.4.38661","DOIUrl":"https://doi.org/10.7256/2306-9945.2022.4.38661","url":null,"abstract":"\u0000 The object of the study is the relations of subsurface use in New Zealand, the subject is the legal regulation of the exploitation of New Zealand natural resources contained in the subsurface and on the seabed - in sulfide fields. The author examines in detail the state mechanism of environmental management, paying special attention to the role of local authorities and the indigenous Maori population in the procedure for granting the right to use mineral deposits, as well as the specifics of the search and production of hydrocarbons on the continental shelf, the legal regime of Antarctica, New Zealand subantarctic territories and water areas. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. The relevance of the work is due to its practical significance and reflects domestic economic interests in Oceania. The scientific novelty of the article lies in the originality of the work containing fundamentally new information on the subject of research - the only one in Russia and one of the few published scientific works on New Zealand natural resource law in the world. The publication analyzes the laws in the current year's edition, it can be used for comparative jurisprudence, in the legislative process, for educational, scientific and other purposes, the article contains conclusions on the text and at the end of the study. The conclusion about the sovereignty of the British Crown over the exclusive economic zone and the continental shelf of New Zealand, the proclamation of the New Zealand sovereign as the owner of the natural resources of the relevant waters, contrary to the norms of international maritime law, is important for ensuring peace and global security. The experience of municipal and parliamentary control, specialized environmental justice of New Zealand can be used by the Russian Federation.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121042382","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}
引用次数: 0
Organization of Interaction between the Police and the Subjects of the System of Crime Prevention in Countering Dangerous Hobbies of Young People 打击青少年危险嗜好的犯罪预防体系中警察与主体互动的组织
A. Semenova
{"title":"Organization of Interaction between the Police and the Subjects of the System of Crime Prevention in Countering Dangerous Hobbies of Young People","authors":"A. Semenova","doi":"10.7256/2306-9945.2022.4.39145","DOIUrl":"https://doi.org/10.7256/2306-9945.2022.4.39145","url":null,"abstract":"\u0000 The object of scientific research is social relations between the police and the subjects of the crime prevention system in counteracting the dangerous hobbies of young people. The subject of scientific research is the norms of the administrative legislation of the Russian Federation. In the course of the study, scientific-theoretical, scientific-practical, comparative-legal research methods, objective methods of analysis and synthesis, and others were used. The relevance of this study is due to the organization of police activities with other subjects of prevention and counteraction to dangerous hobbies of adolescents and youth, the use of various preventive measures and ways to prevent acts that threaten the life, health and moral education of the younger generation.The novelty of the study lies in the fact that the scientific provisions are analyzed in the direction of the study on the organization of interaction between the police and the subjects of the prevention system to counter the dangerous hobbies of adolescents and young people. The problems of implementing the interaction of the police with other subjects to counter the dangerous hobbies of adolescents and youth have been established and recommendations have been proposed for the creation of a general regulatory legal act and amendments to a number of legislative acts to improve the organization of interaction between the police and other subjects of prevention in the field of counteraction to the dangerous hobbies of adolescents and youth.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114878609","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}
引用次数: 0
Actual Problems of Administrative Responsibility in the Field of Information Security 信息安全领域行政责任的现实问题
A. K. Duben
{"title":"Actual Problems of Administrative Responsibility in the Field of Information Security","authors":"A. K. Duben","doi":"10.7256/2306-9945.2022.4.38792","DOIUrl":"https://doi.org/10.7256/2306-9945.2022.4.38792","url":null,"abstract":"\u0000 The article emphasizes the relevance of drawing attention to the increasing role of administrative and legal provision of information security. The current administrative legislation is analyzed, and proposals are formulated aimed at finding administrative and legal means and methods, problems of ensuring information security. Based on the current administrative legislation, the article presents the author's approach to the problem of legal responsibility in the field of security in the global cybernetic space. The article examines the legal and organizational aspects of the implementation of administrative responsibility measures in the mechanism of ensuring information security, the importance of administrative coercion in the mechanism of building an information society is noted in the work.   The main conclusions of the study are that over the last period of time a number of changes have been made to the administrative legislation in terms of legal regulation of information security. These changes indicate that in the Russian Federation, state control is being strengthened to prevent information threats and risks, while the legislator responds in a timely manner to changes in society in the context of the digitalization of law and geopolitical instability in the world. To date, measures of administrative responsibility for offenses in the field of information security are constantly being developed and improved.With the advent of new information technologies, means of communication and objects of critical information infrastructure in the Russian Federation, it is necessary on an ongoing basis to conduct scientific research on issues of legal liability for unlawful influence on such information objects with the active participation of public authorities in order to introduce scientific and technical developments into practical activities.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130030772","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}
引用次数: 0
The concept of the content and system of juvenile justice 未成年人司法的概念、内容和制度
Dar'ya Aleksandrovna Bababekova
{"title":"The concept of the content and system of juvenile justice","authors":"Dar'ya Aleksandrovna Bababekova","doi":"10.7256/2306-9945.2022.4.38652","DOIUrl":"https://doi.org/10.7256/2306-9945.2022.4.38652","url":null,"abstract":"\u0000 In this article, the author analyzes approaches to the concept of \"juvenile justice\", examines the links of the juvenile justice system in the Russian Federation. In the Russian Federation, increased attention has always been paid to the rights and freedoms of minors, and the state takes special care of them and provides protection, including through legal regulation of this area of its activities. The article presents its own vision of the concept of the content and system of juvenile justice. In the scientific study, the author's vision of the juvenile justice system is proposed, the juvenile justice system in the modern period of the development of the Russian state should be understood in a broad sense, and its system should form three blocks (subsystems). At the same time: the jurisdictional subsystem is represented by juvenile courts, implementing criminal justice and proceedings on administrative offenses; the preventive subsystem (prevention) by the subjects of the system of prevention of offenses and crimes; the subsystem of resocialization (as a complex measures to work with minors to include them in a normal social environment and restore their positive personal properties and characteristics) – an extremely wide range of subjects, for example, authorized law enforcement officers and, above all, employees of internal affairs bodies, guardianship and guardianship authorities, teachers, psychologists, social workers, etc.\u0000","PeriodicalId":262036,"journal":{"name":"NB: Административное право и практика администрирования","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128560706","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}
引用次数: 0
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