Nº 3 (2024)
Articles
Administrative liability for violation of legislation in the field of consumer protection: on the issue of determining the object of the offense
Resumo
The issue of separating administrative offenses in the field of consumer protection into a separate category, as well as the inclusion of certain types of administrative offenses specified in the current Code of Administrative Offenses, is actively discussed in the scientific literature. At the same time, determining whether a particular administrative offense encroaches on the rights of consumers has not only theoretical, but also practical significance, especially when it is necessary to determine the statute of limitations for bringing to administrative responsibility. The article analyzes various types of administrative offenses committed both in the field of entrepreneurial activity and in other areas of public relations, in order to determine exactly how these violations affect legal relations with the participation of consumer citizens. The purpose of the study is to identify specific types of administrative offenses that harm civil law relations with consumers that are actually protected by law, as well as their differentiation from violations that, although they do not have a direct impact, nevertheless entail negative consequences for the state of protection and protection of consumer rights. The authors use both general scientific methods, such as logical, analytical methods, and special methods of cognition, in particular, the method of analysis and interpretation of normative legal acts. According to the results of the study, the authors substantiate the conclusion that it is necessary to differentiate administrative offenses in the field of consumer protection in a narrow and broad sense, which is currently not done in the doctrine. Administrative offenses in the field of protection and protection of consumer rights in a narrow sense should be understood only those that directly infringe on consumer rights. In a broad sense, this group should include both administrative offenses that have civil law relations with the participation of consumers as an object, and violations that encroach on other groups of public relations, but have or may have as a consequence a negative impact on relations with the participation of consumers.
NB: Administrative law and administrative practice. 2024;(3):1-15
1-15
Modern problems of legal regulation of the use and protection of aquatic biological resources
Resumo
The author discusses the current state of legal regulation of fisheries in the Russian Federation and relations related to the use and conservation of aquatic biological resources. It provides an overview of the main legislative framework in this area and the specifics of its implementation. The author highlights the main types of fishing activities. Special attention is given to the challenges facing the industry and measures taken to address them. One particular issue discussed is violations of regulations related to amateur fishing, which can lead to depletion of aquatic biological resources and pollution of aquatic resources. The importance of preventing adverse consequences for the fishing industry caused by external factors is emphasized, using the example of measures taken by the Russian Federation to limit fish imports from Japan in 2023. It is noted that the Russian fishing industry is currently undergoing a process of global modernization. A significant part of this process is the mechanism of investment quotas. The author analyses various points of view on this project. Some argue against it, while others support the favorable outcomes of the investment quota mechanism. It is noted that, even a partial implementation of the program would lead to an improvement in the equipment state of the industry. The article review the current state of legal regulation of the fisheries complex of the Russian Federation, the use and protection of aquatic biological resources. The author provides a description of the main regulatory framework in this area, highlights the main types of fishing and the specifics of their regulation at the legislative level. Special attention is paid to the problems of the industry and the measures taken to solve them. Conclusions and suggestions for improving the considered gaps in government regulation are formulated.
NB: Administrative law and administrative practice. 2024;(3):16-29
16-29
Informatising State Control: Searching for a Vector of Administrative Regulation
Resumo
This study pays particular attention to the identification of interconnections and recurring patterns in the evolution of regulatory frameworks pertaining to information support for control activities across the entire span of the Russian legal system's existence. Furthermore, the delineation of the established model of informatization is undertaken, and the resolution of discrete legal issues is pursued through a comprehensive analysis of the regulatory framework and doctrinal sources. In 2023, the regulatory authority initiated a novel undertaking: the formulation of a unified data model for state control. However, with the advent of new systems, a shift has occurred in the approach to automation, as well as in the philosophy of control, which has gradually transitioned towards an "informational" or "digital" dimension. The article employs a range of scientific research methods, including analysis, synthesis, induction, deduction, analogy, and specialised methods such as historical-legal, dogmatic, and comparative-legal. The principal method is a relatively rarely employed technique of legal modelling, which enables us to hypothesise the trajectory of the regulation of the informatisation of control activities. The research is distinctive in its capacity to identify and elucidate two historical phases in the evolution of the informatisation of state control. Moreover, it is capable of delineating the fundamental characteristics of the extant model of legal regulation governing the provision of information support for control activities in Russia. Ultimately, it is capable of formulating proposals for deliberation between the regulatory authority and the scientific community regarding the outlines of the prospective digital transformation of state control. One of the article's principal conclusions is the identification of a gradual process by which the regulator has established a unified information space within the domain of state control.
NB: Administrative law and administrative practice. 2024;(3):30-43
30-43
Tax and customs monitoring: common trends in legal regulation
Resumo
In the context of the reform of state control and supervision in the financial sector, new instruments of control and supervision are being generated, which include monitoring. Using the example of tax and customs monitoring, the article highlights and substantiates current trends in the legal regulation of control and supervisory activities in the modern period. The author identifies the general and distinctive features of tax and customs monitoring, substantiates the current directions of their legal regulation. As common features of the institutions under consideration, the following are highlighted: the conditionality of their generation by the digital transformation of state control and supervision, elements of dispositivity, increased transparency of interaction, the role of self-control, limited use, and the development of individual legal regulation. Various formats of regulatory consolidation and criteria for limiting the use of monitoring are indicated as differences between tax and customs monitoring. To achieve the stated goal, methods of system analysis, synthesis, classification, comparative legal and formal legal methods were used. The novelty of the conducted research lies in the proposed options for the theoretical and legal positioning of monitoring as a tool of control, a type of public service, a tool to achieve a balance of private and public interests. The analysis made it possible to identify the features of monitoring used in the tax and customs spheres, which form new approaches to modern tools of state control and supervision in the financial sector. It is concluded that monitoring is positioned as an instrument of the appropriate type of control. At the same time, tax monitoring is clearly defined by the legislator as a new form of tax control, in the centralized sphere of control and supervisory influence, monitoring is understood as a special regime of remote state control (supervision), and the legal status of customs monitoring at the regulatory level in the customs control system is currently not defined. The conclusion is made about the proximity of monitoring to public services, which is reflected in the sign of voluntary participation in the mechanisms of tax and customs monitoring.
NB: Administrative law and administrative practice. 2024;(3):44-53
44-53
Formation of a risk management system for causing harm (damage) by drivers of vehicles
Resumo
The subject of the study is the norms of law and scientific sources characterizing the supervision of compliance by road users with the requirements of the legislation of the Russian Federation on road safety. The object of the study is public relations related to the need to improve the supervision of compliance by road users with the requirements of the legislation of the Russian Federation on road safety. The methodological basis of the study was a complex of general scientific and private scientific methods of cognition (formal legal, analytical, system analysis, synthesis, modeling, comparison, etc.), special scientific (technical and legal analysis, etc.). The scientific novelty of the study is expressed in the author's proposals aimed at improving the supervision of drivers of transport. The author's general conclusion is the statement that considering the need to develop new mechanisms of control (supervision) in relation to transport drivers, it seems justified to form legal tools corresponding to the basic postulates enshrined in the legislation of our country regulating control (supervisory) activities, that is, using a risk-based approach. In the context of the implementation of control (supervision) in relation to economic entities, it seems necessary to form a risk management system for causing harm (damage) to drivers of vehicles. The risk management system for causing harm (damage) by transport drivers should basically contain a score scale, taking into account the existing experience of the historical past used in Soviet times and its special implementation in foreign countries.
NB: Administrative law and administrative practice. 2024;(3):54-64
54-64
Relations of the departments of the Ministry of Internal Affairs of Russia with the mass media and the means of increasing the effectiveness of information and propaganda work
Resumo
The object of the study is public relations that develop in the process of interaction between the Ministry of Internal Affairs of Russia and the mass media. The subject of the article is the rights and responsibilities of the Ministry of Internal Affairs of Russia in the media sphere, practical aspects of their implementation in the process of administrative activities of the police. The rights granted by the legislator allow the Ministry for the proactive formation of the information agenda. The novelty of the research is expressed in the results and conclusions obtained. For the first time in domestic jurisprudence, a classification of the rights and duties of the police implemented in the media sphere has been developed, and a criterion has been identified that served as the basis for the classification. The current legal instruments and their importance in media communications have been analyzed. Information and business letters, previously overlooked by researchers, have been considered as an institution for forming partnership relations with the media. Evidence has been presented of the need to follow professional ethical standards and the editorial board's interest in observing them. Practical recommendations aimed at forming truly partnership relations with the media have been proposed. A promising topic for further study has been identified, namely, the development of a methodology for responding to negative, untrue aspects of police activity demonstrated in films. The results obtained are intended for use in practical activities by specialists of media relations departments and heads of territorial internal affairs bodies. The implementation of rights and responsibilities allows the Ministry of Internal Affairs of Russia to act as a full-fledged subject of the media sphere, manage media processes, and solve a wide range of operational and service tasks.
NB: Administrative law and administrative practice. 2024;(3):65-79
65-79
Types and classification of administrative control and supervisory procedures in Russia
Resumo
The implementation of the administrative reform of the control and supervisory sphere in the Russian Federation has caused serious transformations in the activities of authorities implementing the functions of state control (supervision). The adoption of Federal Law No. 248-FZ dated 07/31/2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" strongly influenced both external and internal aspects of administrative procedures implemented by executive authorities in the course of their exercise of state control (supervision) functions, which requires serious scientific analysis. One of the main applied scientific methods of cognition and description of legal reality is the classification of the studied objects. Within the framework of this article, the author studies the system of administrative control and supervisory procedures, identifies their various types and classifies them.To conduct the research, the classification method was used primarily as one of the main methods of scientific knowledge of law, as well as legal methods proper, including the formal legal method. As a result of the study, the main major characteristics of administrative control and supervisory procedures were analyzed (reconfiguration of types of state control and supervision, scaling of the control and supervisory sphere, establishment of new forms of control (supervisory) measures), the main scientific views on the classification of administrative control and supervisory procedures were considered. As a result, the grounds for classifying the procedures under consideration were formulated, including the form of the control (supervisory) event, the supervisory authority involved in the procedure and the area of state control (supervision). There are several types of administrative control and supervisory procedures, including standard and special procedures, monosubject and polysubject procedures, as well as a variety of procedures depending on the sphere of public relations, in which mandatory requirements are established, the verification of compliance with which is carried out within the framework of state control (control procedures in the field of communications, transport, etc.).
NB: Administrative law and administrative practice. 2024;(3):80-91
80-91