Courier of Kutafin Moscow State Law University (MSAL))最新文献_第3页

Dogmatics of administrative law 行政法教义

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.134-141

A. B. Agapov

{"title":"Dogmatics of administrative law","authors":"A. B. Agapov","doi":"10.17803/2311-5998.2024.117.5.134-141","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.134-141","url":null,"abstract":"The basic terms and definitions inherent in Soviet administrativelegal science are examined; dogmatic concepts currently used in everyday life in domestic science and teaching need to be improved; in many cases they are not applicable in the existing political and legal realities. The concept of “public administration” does not correspond to its purpose in the conditions of separation of powers, constitutional and legal guarantees for the activities of executive authorities, pluralism of various forms of ownership, especially non-public ones. Using the example of teaching activities in the field of German administrative law, the need to distinguish between various training courses is shown, first of all, substantiating the theoretical postulates of German administrative law science — Verwaltungslehre, Polizeiund Ordnungsrecht, from training courses devoted, just like in domestic administrative law , the study of the institutions of the Special Part of Administrative Law — Besonderes Verwaltungsrecht. The dogma of “public administration” is now being replaced by the study of the theoretical postulates of the executive branch, with special attention should be paid to the generality and subordination of public and civil regulation in various spheres of government influence, primarily in relation to property regulation, which is especially significant in conditions of the dominance of public property relations , based on the hierarchical subordination of their participants, and not regulated by civil law.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832890","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 influence of management decisions on the process of procurement for public needs 管理决策对公共采购过程的影响

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.216-221

К. A. Pirogov

引用次数: 0

Management Decisions of Subjects of Administrative and Legal Counter Corruption at the Federal Level 联邦一级行政和法律反腐败主体的管理决策

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.083-090

M. Polyakov

{"title":"Management Decisions of Subjects of Administrative and Legal Counter Corruption at the Federal Level","authors":"M. Polyakov","doi":"10.17803/2311-5998.2024.117.5.083-090","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.083-090","url":null,"abstract":"The article reveals the main content of the administrative and legal fight against corruption carried out by specially authorized state bodies at the federal level. The author emphasizes the high degree of public danger of corruption and corruption manifestations in public administration, as well as the high degree of attention from the scientific community to this issue over the years. The paper examines the anti-corruption powers of the President of the Russian Federation, the Administration of the President of the Russian Federation, the Government of the Russian Federation, and individual federal executive authorities. The powers of the subjects of administrative and legal anti-corruption are analyzed taking into account the peculiarities of public administration and the adoption of appropriate management decisions. In this context, the example described in the paper of the denunciation of the Council of Europe Convention on Criminal Liability for Corruption, due to the extremely unfriendly and discriminatory policy of sanctions by Western countries against the Russian Federation, is particularly indicative. In addition, the work analyzes certain provisions of legislation and subordinate regulatory legal acts establishing the relevant anti-corruption powers of state bodies and officials. The article also presents and reveals the categories of the administrative and legal mechanism for combating corruption, as well as specialized managerial anti-corruption forms and methods.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833114","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

Discretion in Making Administrative Decisions on the Establishment and Clarification of Mandatory Requirements 制定和澄清强制性要求的行政决定自由裁量权

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-07-15 DOI: 10.17803/2311-5998.2024.117.5.222-229

D. A. Polezhaev

{"title":"Discretion in Making Administrative Decisions on the Establishment and Clarification of Mandatory Requirements","authors":"D. A. Polezhaev","doi":"10.17803/2311-5998.2024.117.5.222-229","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.117.5.222-229","url":null,"abstract":"The article is devoted to the discretion in making administrative decisions on the issues of establishing and clarifying mandatory requirements of regulatory legal acts. The author analyzes the normative legal regulation, in the Russian Federation», and considers specific examples of legally established powers of administrative authorities. In the course of the study the author comes to the conclusion that the root cause of discretion in making managerial decisions is the law, its imperfection or on the contrary a conscious measure of the legislator, giving discretionary powers to officials. The author proposes possible solutions to the cases of imperfections of legislative acts identified by him, in particular, by amending such legislative acts. In conclusion, the author notes that imperfection (lack of systematic regulation, gaps, etc.) of legislative acts, vesting administrative bodies with relevant powers, affects the degree of discretion in establishing and explaining mandatory requirements by administrative bodies. In some cases, such a degree of discretion is excessive, leading to unfavorable practical consequences, which, in turn, calls into question the achievement of generally recognized (public) goals of the institution of mandatory requirements.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833429","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

Procedural Aspects of Cryptocurrency Arrest in National Legal Systems: A Comparative Analysis 各国法律体系中加密货币逮捕的程序问题：比较分析

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-06-03 DOI: 10.17803/2311-5998.2024.115.3.176-182

V. S. Melnik

{"title":"Procedural Aspects of Cryptocurrency Arrest in National Legal Systems: A Comparative Analysis","authors":"V. S. Melnik","doi":"10.17803/2311-5998.2024.115.3.176-182","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.115.3.176-182","url":null,"abstract":"The article presents an analysis of the procedures for arresting cryptocurrencies in various national legal systems, emphasizing the relevance of this topic in light of the rapid development of the digital economy and the increase in crimes related to cryptocurrencies. It draws attention to the absence of a unified international approach to regulating and controlling cryptocurrency assets, which creates challenges for law enforcement agencies in combating crime and money laundering. By analyzing the legislation of different countries, various approaches to defining the status of cryptocurrencies, mechanisms of their arrest, and their use as evidence in criminal proceedings have been identified. Special attention is given to the comparative analysis of the procedural aspects of cryptocurrency arrest, which allows for the identification of best practices and the development of recommendations for improving criminal procedural legislation. Solutions to the practical problems of jurisdiction and technical aspects of executing arrest decisions are proposed, emphasizing the importance of international cooperation in this field.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"42 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141269043","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

Expert Errors Transformation in the Context of New Digital Objects Emergence 新数字对象出现背景下的专家错误转型

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-06-03 DOI: 10.17803/2311-5998.2024.115.3.170-175

S. Z. Shikhalieva

引用次数: 0

Criminalistic Research of “Mul-t-lock” System Locks, Unlocked by Using Self-Pression Keys and “Lockpick” 使用自压钥匙和 "开锁器 "开锁的 "Mul-t-lock "系统锁的犯罪学研究

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-06-03 DOI: 10.17803/2311-5998.2024.115.3.155-163

D. A. Korchik

引用次数: 0

Features of differentiation and individualization of criminal liability of women 妇女刑事责任差异化和个性化的特点

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-06-03 DOI: 10.17803/2311-5998.2024.115.3.144-154

L. A. Latysheva

{"title":"Features of differentiation and individualization of criminal liability of women","authors":"L. A. Latysheva","doi":"10.17803/2311-5998.2024.115.3.144-154","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.115.3.144-154","url":null,"abstract":"Gender specificity and the special social status of women determine a slightly different approach to the implementation of criminal liability than other categories of persons. In this context, we are talking about differentiation and individualization of the criminal liability of women. Through an analysis of the main features of criminal liability, tools that are important for implementing a differentiated approach and individualizing criminal liability are identified, in particular criminal punishment and other measures of a criminal legal nature. It has been established that the criterion for differentiation is the gender aspect, which is reflected in the amount and types of punishments and other criminal legal measures applied to women. In turn, the criterion for individualization is taking into account the characteristics, specific needs, and problems of individual categories of women. In this regard, female criminals are divided into separate subcategories depending on a number of criteria, which are: age, health, ability to work, reproductive function, etc. In a particular study, the emphasis is on taking into account the reproductive function of a woman. The final part of the work presents a number of recommendations for improving criminal legislation in the field of implementing a differentiated approach to the implementation of criminal liability for women.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"61 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141269026","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

Forensic Forecasting of Forming and Development New Genera and Species of Forensic Examinations: on the Issue of Theoretical Justification 法医预测法医鉴定新属种的形成和发展：关于理论依据问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-06-03 DOI: 10.17803/2311-5998.2024.115.3.164-169

A. S. Chistilina

引用次数: 0

Fairness of Differentiation of Pension Provision for Medical Workers (Based on Judicial Practice) 区别对待医务工作者养老金规定的公平性（基于司法实践）

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-22 DOI: 10.17803/2311-5998.2024.114.2.173-183

F. O. Dzgoeva

引用次数: 0