编号 3 (2025)
Articles
The use of innovations in agriculture as a factor in ensuring food security (legal aspect)
摘要
The purpose of the study is to reveal the main directions of introducing the results of innovative activities into agricultural production, the implementation of which will contribute to achieving technological leadership in Russia and the development of highly productive and sustainable agriculture, which corresponds to the national interests of Russia. Using general scientific and special methods (analysis, generalization, formal legal, comparative legal, etc.), the article examines strategic planning documents and regulatory legal acts on the regulation of the relations under consideration, and identifies certain inconsistencies between them. The article reveals the doctrinal approaches of scientists to the issues of ensuring various areas of innovative development in the agricultural sector, including those of a controversial nature, and analyzes relevant judicial practice. Special attention is paid to the issues of digitalization of agriculture. Using general scientific and special methods (analysis, generalization, formal legal, comparative legal, etc.), the article examines strategic planning documents and regulatory legal acts on the regulation of the relations under consideration, and identifies certain inconsistencies between them. The scientific novelty of the article is to identify ways to eliminate gaps and contradictions in the legal regulation of relations related to the use of innovative achievements in agriculture, contributing to ensuring food security in Russia. The article concludes that since operational management of climate risks is very costly, as it requires complex technical solutions (experiments with growing new crops, purchasing new livestock breeds, measures to prevent soil degradation, etc.), retraining of personnel, and often total restructuring of the regional agro-industrial complex, the state must create a sustainable long-term management system. It is necessary to provide loans and attract investors, as well as to arrange insurance of production risks. Mechanisms for the acquisition and implementation of innovations should also be established in the agro-industrial complex.
NB: Administrative law and administrative practice. 2025;(3):1-11
1-11
Issues of improving state control (supervision) in the field of aquaculture
摘要
The paper presents an analysis of the state of legal regulation of state control (supervision) in the field of aquaculture (fish farming).Attention is drawn to the fact that the implementation of aquaculture (fish farming) carries not only an increase in food, economic and a number of other indicators, but also has an impact on the state of the environment, including a negative one. The relevance of the topic is due to the fact that the implementation of aquaculture (fish farming) has significant development potential in our country. This type of activity can make a significant contribution to solving the problems of food, environmental and economic security, and can be considered as a very significant factor in the development of rural areas of the Russian Federation. The development of aquaculture contributes to reducing the anthropogenic pressure on aquatic biological resources by reducing their catch. The issues of using attributes (signs) of aquaculture (fish farming) to cover up criminal activities related to illegal fishing of aquatic biological resources and the current procedure for state control (supervision) in this area are considered. Using general scientific and special methods (analysis, generalization, formal legal, comparative legal, etc.), the article examines strategic planning documents and regulatory legal acts on the regulation of the relations under consideration, and identifies certain inconsistencies between them. The doctrine of environmental law focuses on issues of countering violations of legislation in the field of environmental protection, protection of property of fish farms, etc. At the same time, there are no relevant works devoted to issues of state control (supervision) in the field of aquaculture (fisheries), which determines the novelty of the conducted research. It is emphasized that the development of aquaculture in the Russian Federation, in view of the importance of this branch of the economy for the country, requires both effective public administration and proper legal protection of the environment from the negative effects of fish farming. At the same time, the existing procedure does not allow for effective control over compliance with the requirements of environmental legislation in this area, which indicates the need to develop a special procedure for state control (supervision) in the field of aquaculture and modernize legal regulation in the fields of fisheries and fish farming.
NB: Administrative law and administrative practice. 2025;(3):12-23
12-23
Administrative litigation and the data economy
摘要
This article examines the digitalization of justice, particularly administrative litigation. The Russian judicial system has successfully overcome barriers of an automation and an informatization. We are now witnessing the justice entering a new era of digital transformation, and at the outset, it is important to understand the meaning of this process and anticipate long-term progress. Litigation is increasingly immersed in a digital environment. This article aims to abstractly substantiate certain characteristics of the digital transformation of the Russian justice, particularly administrative litigation as a form of administration of justice that is most closely linked to the new national project "Data Economy and Digital Transformation of the State," launched in 2025. An interdisciplinary methodological approach, drawing on knowledge from the information and economic sciences pertaining to the category and phenomenon of digital data, is used to illuminate the content, conditions, and prospects of the digital transformation of justice and to create a theoretical and methodological basis for a dogmatic analysis of legal subject matter and a systemic analysis of legal phenomena and processes. This interdisciplinary approach to digital transformation highlights a key feature of this process such as the widespread abandonment of documents (in any form) in favor of digital data registered and identified in authorized databases (information systems). Direct access by the court to digital data by its identifiers and data processing using digital technologies will change the evidence process and the nature of legal proceedings. Evidence requirements such as admissibility and reliability will become irrelevant. The issuance of a judicial decision will be transformed into the creation of digital judicial data. Algorithmic resolution of a number of case categories will allow for the automation of law enforcement activities and the transfer of such cases to public administration bodies.
NB: Administrative law and administrative practice. 2025;(3):24-37
24-37
The scientific and technological revolution and its impact on state governance in legal studies of the Soviet period.
摘要
The subject of the study is the legal positions of Soviet scholars on the issues of the scientific and technological revolution and its impact on public administration. The aim of the research is to analyze Soviet theory of the scientific and technological revolution and its influence on public administration. The relevance of the research topic is determined by the necessity to consider the principle of continuity of scientific knowledge. The author argues the hypothesis that contemporary theory of digitalization in public administration largely relies on the conclusions of Soviet scholars regarding the influence of scientific and technological progress on management processes in the state. The article examines variants of the correlation between the concepts of information, legal regulation, and public administration in legal research during the Soviet period. These and other positions of domestic scholars became the legal foundation of the modern theory of digitalization in public administration. The research methods employed include comparative analysis, historical analysis, methods of systematization and classification, and methods of legal formalization. The main conclusions of the author are theses about the contribution of domestic legal scholars from the Soviet period to the development of the concept of the scientific and technological revolution and its impact on public administration. Based on the conducted analysis of Soviet legal literature, the author proposes a correlation between Soviet approaches to the automation of management processes and modern trends in the development of the concept of digitalization in public administration. Conclusions are drawn about the Soviet version of the correlation of the concepts of information, law, and public administration. A thesis is proposed about understanding the nationwide automated management system as a prototype of modern digital ecosystems in public administration. Attention is drawn to the significance of the responsibility of public administration bodies for the decisions made in the context of automation of management processes. The novelty of the study lies in the assessment of the significant contribution of Soviet scholars to the formation of the theory of digitalization in public administration.
NB: Administrative law and administrative practice. 2025;(3):38-48
38-48
Administrative procedure for registering and resolving citizens' appeals in the National Guard
摘要
This article examines the administrative procedure for registering and subsequently reviewing citizens' appeals in the troops of the National Guard of the Russian Federation. The object of the study is the system of legal regulation and work with citizens' appeals as an element of the administrative and legal regulation of interactions between the state and society. Of particular interest is the analysis of digital tools used in this area. The functions of the federal state information system "Gosuslugi" (State Services), the mechanism for mandatory identification of applicants for electronic appeals introduced on March 30, 2025, as well as the specifics of the operation of automated information systems of the Russian National Guard are considered. The relevance of the study is determined by the following factors: the need to implement the innovations of March 2025 in the context of different law enforcement practices; the need to ensure transparency and accessibility of procedures for reviewing appeals in law enforcement agencies; the need to optimize administrative processes based on digital solutions; the importance of increasing citizen trust in government institutions through improved feedback mechanisms. A combination of scientific methods was used for the analysis: formal-legal, comparative-legal, and systemic. This ensured the comprehensiveness and objectivity of the study. The incomplete implementation of digital technologies (primarily in terms of receiving citizens' requests electronically), their limited functionality, and insufficient employee training lead to a decrease in the transparency of procedures and undermine the effectiveness of the citizen request system. The study suggests that the creation of a unified digital platform for recording requests, integrated with federal registries and databases, could improve the legal certainty of procedures, expedite the review process, and enhance the effectiveness of the Russian National Guard's citizen engagement efforts. It is also proposed to utilize artificial intelligence capabilities in the initial processing of incoming requests, their registration, determining their jurisdiction, and preparing initial draft resolutions. The study's results can be used to improve the Russian National Guard's departmental regulations, increase the transparency of procedures, and reduce the time it takes to review requests. Proposals for digitalizing processes could improve the quality of the Russian National Guard's interactions with citizens and reduce the administrative burden on employees.
NB: Administrative law and administrative practice. 2025;(3):49-65
49-65
On participation of a prosecutor in administrative judicial proceedings as an interested party
摘要
Traditionally, the participation of a prosecutor in administrative proceedings is characterized by three forms: filing an administrative statement of claim with the court, joining the proceedings to deliver an opinion, and participating in a case as an administrative defendant. At the same time, judicial practice has recorded numerous instances in which prosecutors participating in the consideration of administrative cases by the courts possess the procedural status of interested parties. The article analyzes the nature of the prosecutor’s legal interest in the outcome of an administrative case depending on the form of his or her participation in the proceedings. It examines certain situations in which the rights and obligations of prosecutorial authorities may be affected by the resolution of an administrative case, as well as situations in which the prosecutor’s participation in an administrative case as an interested party cannot be considered justified. The research is based on a combination of general scientific and specialized legal methods of cognition. The author employs a systemic interpretation of legislation on administrative proceedings and summarizes judicial and prosecutorial practice. The article concludes that a prosecutor who has the procedural status of an interested party is characterized by a substantive legal interest in the outcome of the case. It is noted that it is expedient to involve a prosecutor as an interested party in administrative cases concerning: the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to enforcement of a judicial act within a reasonable time, the contestation of decisions, actions (inaction) of the Federal Bailiff Service or its officials in enforcement proceedings initiated on the basis of writs of execution issued in cases (claims, applications, administrative statements of claim) brought by prosecutors in defense of public interests, the contestation of decisions, actions (inaction) of public authorities, local self-government bodies, other agencies or organizations vested with certain state or other public powers, as well as officials, state and municipal employees, where such actions are based on prosecutorial demands, and the contestation of decisions, actions (inaction) of lower-level prosecutors. The article substantiates the conclusion that it is inadmissible to substitute the prosecutor’s participation in the proceedings for the purpose of delivering an opinion, or the summoning of a prosecutorial official as a witness, with his or her participation in the case as an interested party.
NB: Administrative law and administrative practice. 2025;(3):66-74
66-74