Vol 14, No 4 (2017)
REFORM OF LEGISLATION ON ADMINISTRATIVE RESPONSIBILITY
374-382 364
Abstract
The article examines the state of legislation on administrative offenses. The necessity of modernization, ideas and prospects for the development and adoption of a new codified legal act in the relevant legal sphere is argumented. The most important directions of development of material and procedural norms of legislation on administrative responsibility are investigated.
383-387 310
Abstract
This article discusses issues of the classification and systematization of public-legal delicts in legislation on administrative offences and the criminal legislation of the Russian Federation. It is noted that the legislation on administrative offences and criminal legislation evolve in different directions; a negative assessment of current trends of development of the legislation on administrative offences is given; attention is drawn to dangerous social consequences of such a development.The Author assesses the proposal on the formation of an independent category of delicts “criminal misdemeanor” and draws attention to the fact that in the Russian legislation already has a multilevel delictolisation and the inclusion of several intermediate levels of criminal offences does not affect the situation.According to the Author, administrative offences and crimes have a common legal nature, as evidenced by the numerous attempts by Russian and Soviet scientists to distinguish between them by any criteria, and should be in a single system that would ensure the proportionality of the coercive State importance protected by legislation values.
388-394 315
Abstract
The article examines in historical retrospect the experience and tendencies of parallel development of criminal and administrative responsibility in domestic jurisprudence and legislation from the 19th century to the present day. The Authors criticize the attempts to return administrative offenses to a three-tier system of criminal delicts on the basis of the concept of the Criminal Code of 1903. It is condemned not so much as an attempt to “reanimate” criminal misdemeanor by representatives of criminal law science, but similar attacks on the independent species status of administrative responsibility on the part of individual colleagues-administrativists.
395-400 273
Abstract
The article deals with the most urgent problems of improving the legal regulation of the institution of administrative responsibility. The author suggests new approaches to understanding the essence, purpose and principles of administrative responsibility in the current state of the state and society, and taking into account these approaches, specific proposals are made to clarify and supplement the General Part of the Code of the Russian Federation on Administrative Offenses.
401-407 265
Abstract
The article focuses on the possibility and conditions for legislative fastening of the category of «criminal misdemeanor». Examines the positive and negative consequences of such a decision.
408-412 459
Abstract
The article deals with the problem of classification of unlawful, guilty, punishable, dangerous or harmful for society activities. Between the criminal and administrative responsibility of the similarity is greater than the difference. The existing differences cease to play a decisive role in isolating these types of responsibility. Argumenting their position, the authors turn to the foreign experience, the decisions of the European Court of Human Rights.
ADMINISTRATIVE RESPONSIBILITY AND ITS APPLICATION
413-419 321
Abstract
The article discusses the existing forms of realization of administrative-jurisdictional powers in the field of public order protection and crime prevention. The problems of organization of activity are analyzed of commissions on juvenile affairs and protection of their rights, the administrative commissions established in municipalities. The necessity of the creation of municipal militia as a solution to the issue of the realization of local self-government bodies of administrative-jurisdictional powers.
420-423 325
Abstract
The article considers different points of view of scientists, the judiciary, executive bodies containing critical changes in the legislation on administrative offences in the direction of strengthening administrative responsibility for the offense. The Author comes to the conclusion that the introduction of the Code of Administrative Offences of the Russian Federation changes should be aimed at the elimination of excessive restrictions of economic freedom and property rights of legal entities while being brought to administrative responsibility.
424-427 339
Abstract
The article deals with the issues of modern administrative and legal regulation of counteraction to such antisocial phenomena as vagrancy and begging. The issues of establishing responsibility for vagrancy and begging significantly affect the effectiveness of administrative and legal protection of public morality from the threats associated with vagrancy and begging. The existence of norms providing for administrative responsibility for vagrancy and begging will contribute to strengthening the effectiveness of the protection of public morality.
428-432 245
Abstract
The automatic fixation of administrative offenses in the field of road traffic has been applied in Russia since the entry into force of the Federal Law No. 210-FZ of June 24, 2007 “On Amendments to the Code of the Russian Federation on Administrative Offenses”. A new way to identify and fix administrative offenses has caused a number of legal and organizational problems. One of them is the definition of legal criteria, which should correspond to the detected offenses in automatic mode. The article proposes four criteria, the main one of which should be the public danger of an offense. The use of a simplified procedure for administrative offenses and minimal punishment should be limited.
433-437 327
Abstract
In the mechanism of legal regulation of administrative responsibility for violations of the customs legislation of the Customs Union of the Eurasian Economic Union there are legal gaps, in particular, in theory and practice, the imposition of administrative punishment in the form of a warning that must be eliminated. The methodological basis of the work is the dialectical method and the system of general scientific and particular scientific methods based on it. For the reliability of the study, the logical method, the method of scientific analysis, the method of synthesis, the analogy method, the methods of generalizing and describing the obtained data, and other methods of investigation were used. For scientific discussion the system of features of administrative punishment is presented in the form of a warning, its direction is shown. The author's definition of the concept of “administrative punishment in the form of a warning” is proposed.
438-443 299
Abstract
The problems arising in the performance of administrative punishments in the form of deprivation of the driver's license to drive vehicles are described. Effective ways of solving the problems arising in the framework of interaction of courts (judges), bodies of the State Traffic Safety Inspectorate and State Technical Supervision are suggested, in the exercise of their powers in the course of carrying out this activity.
444-448 317
Abstract
The subject of the study are the norms of the Code of the Russian Federation on Administrative Offenses providing for the grounds and procedure for bringing to administrative responsibility of officials and legal entities for admission of a person to driving who is under the influence of alcohol or who does not have the right to drive a vehicle. The object of the study is public relations, developing in the field of road safety. The Author, in the framework of the article, pays attention to the peculiarities of regulation of the public relations under consideration by by-laws; problems of law application practice; explanations of the judicial authorities that allow to unify the practice of resolving the relevant category of cases, to ensure the most effective protection of the rights and legitimate interests of society and the state in the field of road safety. Proposals specifying certain provisions of the Code of the Russian Federation on Administrative Offenses are formulated.
449-452 336
Abstract
Ensuring road safety in Russia remains an urgent problem, despite a number of government decisions in this area. The mechanical increase in penalties for violation of traffic rules is not a solution to the problem, since for a number of permanent offenders it does not fulfill either a preventive function or a punitive one. In foreign practice, a differentiated approach has been used for a long time, the essence of which is that the amount of the fine depends on the official income of the offender. The article provides convincing arguments for this approach and its relevance in Russian practice as one of the aspects of a comprehensive solution to the problem of ensuring road safety.
453-456 281
Abstract
The Author analyzes the signs of an administrative offense in the field of traffic, considers its composition, paying special attention to the public danger as an obligatory general sign of such offenses. Offers a definition of the public danger of an administrative offense. Also in the article the problems based on high latency of administrative offenses in the field of traffic are considered. The Author reveals the connection between frequent changes to regulatory legal acts and the low efficiency of jurisdictional bodies in the prevention of violations of the Rules of Road Traffic.
457-461 273
Abstract
The article reveals the conflicts and uncertainties of the legislative techniques of assessment of guilt and the individualization of administrative responsibility of legal entities and individual entrepreneurs who have made administrative offenses. Proposed system evaluation criteria when making decisions and other decisions of the courts and supervisory bodies of executive power about the choice of alternative administrative penalties, mitigation of the administrative penalty, the exemption from administrative responsibility to determine the degree of guilt of a legal entity and individual entrepreneur, brought to administrative responsibility in the implementation of the state control and supervision.
462-466 370
Abstract
The article describes features of administrative responsibility of military personnel on the basis of analysis of the current legislation and judicial practice. The status of the military personnel as special subjects of administrative responsibility is investigated. The bodies authorized to carry out process on cases of administrative offence are discussed. The administrative penalties that can’t be applied to military personnel are defined. Selected problems of manufacture on аffairs about administrative offences committed by military personnel.
467-472 305
Abstract
The article considers the issues of application of Article 6.9 of the Code of Administrative Offences of the Russian Federation and the significance of the practice of implementation of this legal norm to counteraction to illegal drug use. The author estimates the possibility of dealing all cases of illegal use of narcotic drugs and psychotropic substances and their analogues by law enforcement practice as well as the sufficiency of administrative penalties provided for by the Article. Critical evaluation is given to the suitability of criminalization of systematic illegal drug use. The significance of Article 6.9 of the Code of Administrative Offences of RF is connected with the demonstration of the state policy vector regarding illegal drug use, the substantiation of possibility of applying certain measures of state coercion, as well as with the legal statement of the fact of unlawful act and the change of environment in which the offender realizes his/her rights and obligations.
473-476 305
Abstract
He article considers the issues of application of Article 6.9 of the Code of Administrative Offences of the Russian Federation and the significance of the practice of implementation of this legal norm to counteraction to illegal drug use. The author estimates the possibility of dealing all cases of illegal use of narcotic drugs and psychotropic substances and their analogues by law enforcement practice as well as the sufficiency of administrative penalties provided for by the Article. Critical evaluation is given to the suitability of criminalization of systematic illegal drug use. The significance of Article 6.9 of the Code of Administrative Offences of RF is connected with the demonstration of the state policy vector regarding illegal drug use, the substantiation of possibility of applying certain measures of state coercion, as well as with the legal statement of the fact of unlawful act and the change of environment in which the offender realizes his/her rights and obligations.
477-483 299
Abstract
The article analyzes the concept, content and requirements of the legality of the activities of executive authorities, other public authorities to bring individuals and legal entities to administrative responsibility. The Author's definition of the concept of the legality of such activities is given, the system of requirements for its legality is stated, a proposal is made to clarify the provisions of Art. 1.6 of the Code of the Russian Federation on Administrative Offenses.
JUDICIAL PRACTICE
484-489 344
Abstract
The article explores the prohibition of turning to a worse: how it is enshrined in the legislation on administrative violations, and how it manifests its effect in judicial practice. As analysis of legislation and judicial practice shows, courts of general jurisdiction and arbitration courts differently understand and apply this prohibition. This is due to the different legislative and organizational bases on which the process of bringing to administrative responsibility is based, in which courts of general and arbitration jurisdictions are involved. The article notes that the provisions of the draft of the new Code on Administrative Offenses, developed by the State Duma of the 6th convocation, point to a possible reduction of the scope of this ban. In this regard, the author comes to the conclusion that the legislator and the courts are to decide on a conceptually unified approach to the problem of the prohibition of turning to the worst in the field of administrative responsibility.
FOREIGN EXPERIENCE
490-496 375
Abstract
The article analyzes the status of administrative offences of Russia and Germany; is the analysis of the administrative-jurisdictional competence of police. The necessity of reducing the jurisdictional powers of the police.
TRIBUNE OF YOUNG SCIENTISTS
497-499 287
Abstract
The article deals with issues related to the effective application of administrative penalties for appearing in public places in the state of alcohol intoxication. Based on the study of statistical data and materials of cases on administrative offences, provided for by article 20.21 of the Code of Administrative Offences of the Russian Federation, the Author comes to conclusion about the necessity of introduction of new type of administrative penalties as mandatory work.
500-504 274
Abstract
In the article, based on the comparison of different approaches to the fault of a legal entity in an administrative offense, the possibility and necessity of establishing an intentional or reckless form of guilt of a legal entity in committing an administrative offense in the field of antimonopoly legislation through the forms of fault of the respective officials are substantiated. Specific features of the “intellectual” element of guilt are applied in relation to the corresponding composition of administrative offenses. Attention is drawn to the role of antimonopoly compliance in establishing the guilt of organizations in administrative offenses in the field of antimonopoly legislation. It is proposed to introduce into the administrative law institutes of complicity, double forms of guilt and kurtosis of the executor in order to ensure proper involvement of both organizations and their officials in administrative responsibility.
505-508 209
Abstract
The effectiveness of bringing to administrative responsibility for providing financial support to legal entities in the Russian Federation is discussed. The analysis of Russian financial monitoring's (Rusfinmonitoring) work on bringing legal entities to administrative responsibility for providing financial support to terrorism is conducted.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)