Nº 4 (2024)
Articles
Features of the legal regulation of the use of aquatic biological resources by indigenous minorities
Resumo
The article deals with the peculiarities of legal regulation of the use of aquatic biological resources by small indigenous minorities of the Russian Federation. The legal status of indigenous minorities is analyzed, and it is also noted why the indigenous minorities of the North, Siberia and the Far East of the Russian Federation have a special position in the field of traditional fishing. The author considers the problematics of the rights and obligations of the peoples of the North in relation to the extraction of aquatic biological resources. Special attention is paid to modern legislative gaps existing in this sphere. The main ways of solving the identified problems are defined and the effectiveness of existing legislative acts is evaluated. The author analyzed the draft law No. 309477-8, designed to amend the Federal Law “On Fishing and Conservation of Aquatic Biological Resources”. The main conclusions of the study are, formulated by the author proposals to improve the legislation, as well as the problems of legal regulation in this area discovered by him. The author proposed the introduction of the term “traditional fishing” into the Law on Fishing. In addition, the application procedure for obtaining quotas for traditional fishing was identified as one of the main problems of small indigenous minorities of the North in their fishing. The author identified the need to detail the draft law No. 309477-8 in terms of the implementation of the new mechanism in practice, especially with regard to fixing the volume of catch of aquatic biological resources and the gear used for their extraction. The study revealed the expediency of providing representatives of indigenous minorities of the North with preferential quotas for economic activities in order to develop entrepreneurial activity in their environment.
NB: Administrative law and administrative practice. 2024;(4):1-13
1-13
Administrative responsibility for violations in the field of land reclamation
Resumo
The relevance of the article is due to the fact that it is devoted to a little-studied topic in the science of administrative law. Meanwhile, offenses in the field of land reclamation, considered in science as land offenses and offenses with "environmental characteristics", may pose a certain threat to ensuring food and environmental security in Russia, since they contradict the goal of ensuring rational use of land, primarily agricultural land. Effective detection and prevention of these offenses should contribute to increasing the responsibility of various entities engaged in activities in the field of land reclamation, which should contribute to the goals of ensuring environmental protection in the process of reclamation activities. The subject of the study is the norms of Articles 10.9 and 10.10 of the Code of Administrative Offences of the Russian Federation, the practice of their application by the courts, as well as legal literature on this topic. The purpose of the article is to discuss controversial issues in the doctrine of administrative law in relation to the relations under consideration, to characterize the composition of these offenses, to identify gaps and contradictions in judicial practice. The methodological basis of the research consists of general scientific methods of cognition (analysis, synthesis, etc.), and special methods (formal legal, comparative legal, etc.). It is noted that in the course of practical implementation of the norms of administrative responsibility for offenses in the field of land reclamation, there are shortcomings in the formulation of offenses. In particular, the low amounts of administrative fines provided for by the Administrative Code of the Russian Federation do not contribute to the prevention of the commission of these offenses. The Rosselkhoznadzor territorial authorities also do not always properly perform their duties in this area. The scientific novelty of the work consists in the conclusions formulated about an urgent need to eliminate shortcomings both in the formulation of the elements of offenses in the specified articles of the Administrative Code of the Russian Federation, including in the aspect of increasing the amount of fines for the relevant acts, and in the practice of applying the articles under consideration. Attention is also drawn to the need to improve the activities of the Rosselkhoznadzor territorial authorities.
NB: Administrative law and administrative practice. 2024;(4):14-28
14-28
On safety issues at water transport facilities
Resumo
The subject of the study is safety at water bodies. Ensuring safety at water bodies requires a systematic approach that includes training and prevention. Informing the public about potential risks and rules of behavior on the water plays a key role in reducing the number of incidents and saves lives. Regular educational campaigns and awareness-raising activities allow to form a responsible attitude towards one's own health and safety. Coordination of the efforts of the state, business and public organizations creates the necessary conditions for the implementation of comprehensive programs aimed at protecting the population on water bodies. This approach minimizes risks, ensures readiness to respond in emergency situations and contributes to improving overall safety on the water. When writing the article, we used statistical data from the Ministry of Emergency Situations of Russia, rules and recommendations for ensuring water safety, rules of conduct in extreme situations on the water, as well as regulatory documentation establishing legal instruments for regulating safety of the water transport. One of the key aspects of this study is to identify existing gaps in the legislative framework governing safety of the water transport. Despite the existence of a number of regulatory legal acts, many aspects remain insufficiently regulated. The analysis of existing gaps in the legal regulation requires a comprehensive approach to the study of public relations in this area. Not only government agencies and regulatory organizations play an important role in this process, but also citizens' associations, professional associations and non-governmental organizations. The conclusion of this study highlights the need to review and improve the current rules and regulations governing safety of the water transport. It is obvious that a comprehensive understanding and interaction of all stakeholders will create the basis for the development of a more secure and reliable system. Legislation should take into account both the current realities of the use of water resources and the prospects for their change in the future.
NB: Administrative law and administrative practice. 2024;(4):29-43
29-43
Sports regulation or the subject of sport law
Resumo
The article examines the phenomenon of "sport law", draws attention to the fact that this area of legal regulation is complex, due to the object of legal regulation - "sport". The author draws attention to various points of view regarding the subject of "sports law", and formulates the author's definition of this phenomenon. The peculiarities of the regulation of sports relations is the fact that the object in the content of this regulation is such a category as "sport". Sport as a phenomenon of social life is considered from a variety of angles, based on this, the subject of legal regulation of sports relations is complex, however, the norms of administrative law, both regulatory and protective, prevail in the regulation of sports as a phenomenon. It is noted in the work that the norms of international sports law have a serious impact on the subject of legal regulation of sports. The methodological basis of the article consists of various methods of scientific cognition. The following methods were used: the historical and legal method, which allowed us to see the dynamics of the formation of a system of views on the subject of sports law; formal-logical and logical-legal methods of scientific knowledge allowed us to identify contradictions, as well as legal and organizational problems that are associated with the legal regulation of sports. Based on the conducted research, the author concluded that the norms of sports law, as a complex branch, regulate public relations related to the establishment of the legal status of an athlete and coach, the procedure for the transfer of athletes from one club (team) to another, i.e. the norms of sports law regulate transfer (agency) relations. The norms of sports law determine the procedure for the responsibility of athletes and coaches; determines sports sanctions can be of two types, sanctions established in the sports competition itself and sanctions established by the norms of administrative, labor, criminal and civil law. The norms of sports law regulate relations related to the use of doping in sports, the relevant norms prohibit its use in any form and establish responsibility for its use in sports.
NB: Administrative law and administrative practice. 2024;(4):44-62
44-62
Principles of administrative responsibility: current issues
Resumo
The subject of the study is the concept of the principles of administrative responsibility, as well as the problems and trends of their provision in the context of active reform of domestic legislation on administrative responsibility. Taking into account the fact that the institution of administrative responsibility should be based on the general principles of public administration and legal responsibility, the author considers the principles of administrative responsibility as a fundamental element of public legal responsibility. The principles of administrative responsibility are studied by the author from the standpoint of highlighting the principles of establishing and applying administrative responsibility as principles of a more specific order. The subject of the study also includes the formation of a correlation of such concepts as: principles of administrative responsibility, principles of legislation on administrative offenses, principles of proceedings in cases of administrative offenses. They are studied by the author in the context of a comparative legal analysis of the provisions of the current Code of Administrative Offences of the Russian Federation and individual drafts of the Code of Administrative Offences of the Russian Federation. When working on the topic, the following research methods were used: comparative law, methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the study are the following: 1) the list of principles of administrative responsibility can be recognized by a system in which different types of principles have been prioritized and significant in different historical periods; 2) with regard to the principles of administrative responsibility, the principles of establishing administrative responsibility and the principles of applying administrative responsibility should be distinguished (the first group of principles is addressed to the legislator, the second group of principles is enshrined in the legislation on administrative offenses and is used by bodies and persons within the framework of specific procedures for bringing to administrative responsibility); 3) as the basic principles of administrative responsibility, it is necessary to highlight: legality; equality of persons brought to administrative responsibility before the law; personalization of administrative responsibility; presumption of innocence; justice. A special contribution of the author to the research of the topic is an overview of the consolidation of the principles of administrative responsibility in the projects of the Administrative Code of the Russian Federation. It is concluded that it is necessary to consolidate the principles of administrative responsibility in the updated legislation on administrative offenses.
NB: Administrative law and administrative practice. 2024;(4):63-76
63-76
Administrative and legal regulation of public morality and public order
Resumo
The rule of law in Russian society is its legal basis, the basis for the functioning of state power. A solid rule of law based on the principles of law is a guarantee of the functioning of civil society. In this regard, the maintenance and strengthening of law and order, as well as the fight against crime, represent a special type of social management. Its purpose is to ensure that the entire society as a whole, as well as its constituent social groups and individuals, function and develop within the framework of existing social relations on the basis of certain norms of morality and law accepted in this society. The solution of this problem assumes the presence of specific management methods. In this article, the author examines the specifics of the application of legal measures to protect public morality and public order in the administrative activities of the police. The reasons and conditions for the commission of administrative offenses infringing on public morality and public order, problematic aspects of the prevention of these offenses are revealed, and ways to increase its effectiveness are proposed. Thus, we come to the following conclusions: 1) the fight against administrative offenses in the field of public morality and public order is conducted mainly through the use of repressive methods, which, as the analysis of law enforcement practice shows, is not always justified; 2) the main content of administrative and legal measures to protect public morality and public order is to identify the causes and eliminate the conditions conducive to their commission, and to exert influence on persons in order to prevent their commission. To eliminate the causes and conditions that contribute to the commission of offenses in this area, a whole range of measures, both general and individual, should be taken.
NB: Administrative law and administrative practice. 2024;(4):77-92
77-92
Unified Consulting Service of the Federal Customs Service of Russia as the basis for customer-oriented administration of customs authorities
Resumo
The subject of the study is customs services, namely the implementation of a client-oriented approach in the provision of consulting services by customs authorities to the participants in foreign economic relations. The object of the study is the customs authorities and the customs services they provide. The purpose of the study is to form the principles of building and structure of the Unified Consulting Service of the Federal Customs Service of Russia, which allows not only to provide high-quality customs services to participants in foreign economic relations, but also to evaluate the performance indicators of customs authorities in this direction. The study pays special attention to the principles of work of customs authorities in the provision of information and consulting services for participants in foreign economic activity and problems arising during the implementation of these functions. The possibility of forming a special advisory service of the Federal Customs Service of Russia is being considered. The methodological basis of the study was a comparative analysis of the current system of appeals and complaints on the website of the Federal Customs Service of Russia and the proposed Unified Consulting Service, in particular, the fundamental principle of the transition from information to consulting services. The novelty of the research lies in substantiating the necessity and expediency of creating a Unified consulting Service of the Federal Customs Service of Russia and in forming the principles of its functioning. The study revealed a discrepancy in the approaches of customs authorities to the provision of services, the attitude towards them as a form of control, moreover, with the replacement of the concept of consulting, in fact, informing participants in foreign economic relations. It was also shown that the principles of the formation of consulting services are not presented systematically and in full, and their implementation is hindered not so much by the lack of regulatory regulation as by the attitude of customs officials to the administration process as a control function. The results of the study can be used by the country's legislature to amend regulatory legal acts on the regulation of customs services and customs authorities to bring relations with participants in foreign economic relations to a new level with an assessment of the quality of services provided. The article develops recommendations for the creation of a Unified Consulting Service of the Federal Customs Service of Russia, in particular, the principles of its formation and organizational structure are proposed, and the need for its creation is justified.
NB: Administrative law and administrative practice. 2024;(4):93-111
93-111
The concepts of "security" and "national security": some problems of legal terminology
Resumo
In the current global environment, a clear understanding and definition of the terms "security" and "national security" are becoming critically important for the development of effective public policy and legal mechanisms. Inconsistencies and uncertainties in legal terminology lead to legal conflicts and difficulties in interagency cooperation. In addition, ambiguity and blurring of terms can negatively affect public understanding and trust in public authorities and their actions in the field of security. The article examines the key aspects of the legal definitions used in the legislation of the Russian Federation related to the concepts of "security" and "national security". The article analyzes the evolution of these concepts in legal and political contexts, as well as their interrelationship and influence on the formation of a state strategy in this area. Particular attention is paid to the differences in the interpretation of these terms in national law, as well as law enforcement practice. The methodological basis of the research is the universal dialectical method of cognition. Along with it, general scientific and private scientific methods were used: comparative legal, concrete sociological research, formal logical, systemic, structural and functional, formal legal, axiomatic. As a result of the conducted research, it is concluded that accurate and unambiguously understood terminology is important for effective security in modern conditions when the world is facing new challenges and threats. In this scientific work, new definitions of the concepts of "security" and "national security" are formulated, which fully reflect the distinctive features of each of them. The proposed formulations emphasize the importance of not only studying, but also critically analyzing these categories in the context of the dynamic changes taking place in the modern world. The definitions formulated by the author will certainly make it possible to take a significant step towards strengthening the legal understanding of the existing security system in the modern Russian state, which will allow the federal legislator, including better protection of the interests of citizens and the country as a whole, using competent definitions.
NB: Administrative law and administrative practice. 2024;(4):112-123
112-123
Anti-corruption components of the legal status employees of the internal affairs bodies of the Russian Federation
Resumo
The implementation of the National Anti-Corruption Plan for 2021-2024 has revealed the need for a scientific analysis of the problems of legal regulation of the regulation of anti-corruption components of the legal status employees of the internal affairs bodies of the Russian Federation. The subject of the research is the normative and methodological sources defining the rights, duties and prohibitions related to service in the internal affairs bodies, as well as the mechanisms of their implementation. The author examines in detail the practical problems that arise in the application of anti-corruption legislation related to the obligation of employees of internal affairs bodies to provide information on income, expenses, property and property obligations, the obligation to notify of a possible conflict of interest, and the restriction of donations in connection with their professional activities. Special attention is paid to some legal positions of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation) and courts of general jurisdiction related to the specifics of the legal status employees of the internal affairs bodies. The methodological basis of the research consists of general scientific methods of system analysis and generalization of normative, scientific and practical materials; private scientific methods – comparative jurisprudence, logical, technical and legal and others. The scientific novelty of the article is determined by the fact that it is a comprehensive study of the problems of legal regulation of anti-corruption components of the legal status employees of the internal affairs bodies of the Russian Federation. The main conclusions of the study are the identified gaps and conflicts in the regulation of the presentation of information on income, expenses, property and property obligations of employees and their family members; ambiguity in the regulation of restrictions on donations by civil and official legislation. In addition, an assessment is given of the established judicial practice in cases involving statements by prosecutors about the transfer of property to the income of the Russian Federation, in respect of which evidence of its acquisition for legitimate income has not been provided. The most significant results include the formulated proposals for improving the current federal legislation on combating corruption.
NB: Administrative law and administrative practice. 2024;(4):124-140
124-140