No 1 (2023)
Articles
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
Abstract
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.
NB: Administrative law and administrative practice. 2023;(1):1-10
1-10
Legal Regulation of Strategic Public Administration in the Field of Environmental Protection (on the Example of the Subjects of the Ural Federal District)
Abstract
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.
NB: Administrative law and administrative practice. 2023;(1):11-29
11-29
Grounds and Legal Mechanism of Digital Transformation of the Issuance of Official Documents Using NFT in Russia
Abstract
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.
NB: Administrative law and administrative practice. 2023;(1):30-44
30-44
Administrative Activities of the Police to Prevent and Suppress Offenses in the Field of Alcohol Consumption
Abstract
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.
NB: Administrative law and administrative practice. 2023;(1):45-58
45-58
Issues of Administrative Detention as a Measure of Administrative Procedural Coercion Used in the Field of Internal Affairs
Abstract
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".
NB: Administrative law and administrative practice. 2023;(1):59-72
59-72