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No 11 (2022)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

21-29 547
Abstract

The article summarizes the views of legal scholars on the legal nature of strategic planning documents and supports the position on recognizing them as a type of political and legal acts. From the standpoint of the theory of administrative law, the presence in the documents of strategic planning in the field of national security of the main features of legal acts of governance is shown: by-law; state-governmental nature; legal nature; adoption by a competent subject of public authority; rule-making procedure for adoption. The definition of a strategic management act in the field of national security is formulated, which is proposed to be understood as an official document issued in accordance with the established procedure by the President of the Russian Federation or the Government of the Russian Federation and containing legal norms defining the goals, objectives, content and ways of implementing state policy to ensure and protect national interests and achieve strategic national priorities of the Russian Federation in the long term. It is precisely such acts that largely determine the architecture and content of the entire system of legal acts of management.

VECTOR OF LEGAL SCIENCE. National Security in the 21st Century: New Challenges and Threats

30-40 589
Abstract

The article analyzes the most significant judgments of representatives of various branches of jurisprudence, expressed in the course of many years of discussion on the question, whether administrative offences are socially harmful or socially dangerous acts. The author considers this problem taking into account the provisions of modern legislation regulating the provision of various types of security, and the Code on Administrative Offences of the Russian Federation. At the same time, considerable attention is paid to the provisions of the National Security Strategy. It is argued that in modern conditions a significant number of administrative offences are socially dangerous acts, the commission of which leads to a decrease in the level of security of various types of human activity, creates a threat to the national security of Russia.

41-49 500
Abstract

The article examines the development of Russian legislation in the field of national security, which has undergone significant changes in connection with the constitutional reform of 2020. The study of the provisions of the Federal Law «On Security» reveals a number of shortcomings that require its correction. The National Security Strategy of the Russian Federation of 2021 fulfills the most important mission of a legal tool that directs the efforts of numerous subjects of ensuring national security to the implementation of strategic national priorities. The author pays special attention to the characterization of the provisions of the National Security Strategy of the Russian Federation, in which the strategic priority for the preservation of the people of Russia and the development of human potential is presented as the primary direction of the implementation of state policy in the field of national security. The paper provides a comparative analysis of the elements of the national security system, which makes it possible to identify the main trends of legal regulation in the field of national security in order to achieve the national development goals of the Russian state.

50-59 791
Abstract

The article deals with the problematic issues of legal regulation of control and supervision in the field of ensuring national security. It points to the insufficient level of the legal framework regulating the procedure for exercising control and supervision in the field of ensuring national security. The main types and forms of control and supervision are determined, which should constitute a unified system of control and supervision in the field of ensuring national security. Proposals are made to amend the Federal Law of December 28, 2010 № 390-FZ «On Security», by establishing the types and forms of control and supervision in the field of security, which should form a unified system of control and supervision activities in the field of ensuring national security and to become a necessary basis for the further development of sectoral legislation and subordinate legal regulation.

60-69 256
Abstract

The article examines the role of enforcement proceedings as a legal phenomenon in ensuring national security. The author considers it, firstly, as a legal means of ensuring national security in general, at the same time and mainly as a tool for ensuring a specific decision of an authority, an official in relation to a single citizen, organization. This proves the importance of the role of enforcement in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. The author explains the necessity of enforcement proceedings, the existence of the institution of enforcement by the presence of the state, comes to the conclusion that as long as the state exists, it will need tools for the enforcement of power decisions. According to the author, enforcement proceedings are a means of ensuring the national security of the Russian Federation.

At the same time, the author also claims that enforcement proceedings are one of such means, since the national security of the state is a complex, systemic, collective phenomenon, provided by various public authorities, public administration, including, above all, executive authorities. Considering the national security of the state from the point of view of the state of protection of national interests from internal and external threats, of course, the author takes into account the multidimensional nature of such interests.

This also allows us to come to the conclusion that, in essence, the latter represent values in various areas of public relations, the features of which need special tools, including in the form of enforcement proceedings, and which are used only in the case of protection of legal values. Thus, enforcement proceedings are on guard to ensure the national security of the state in the economic, socio-cultural, administrative and political spheres of society and the state.

70-79 255
Abstract

One of the factors of ensuring national security is licensing aimed at preventing threats and possible damage to economic, environmental relations, citizens’ health, socio-cultural relations, defense and security of the state, the potential possibility of which is associated with the implementation of certain types of entrepreneurial activity. In this article, the institute of administrative responsibility is considered as a means of identifying, suppressing, and preventing violations of individual entrepreneurs, individuals, and legal entities. For a more extensive and comprehensive analysis, the institute of administrative responsibility for violation of licensing rules is considered in retrospect. Special attention is paid to administrative offenses and administrative penalties in the field of licensing, fixed by the Administrative Code of the RSFSR and the Administrative Code of the Russian Federation. The main trends in the development of administrative responsibility in the field of licensing are identified. It is noted that the changes made to the Administrative Code of the Russian Federation are often not of a systematic managerial nature, which negatively affects the rule of law in general in the state and society. In conclusion, the author notes the prospects for the modernization of the legislation on administrative responsibility of the Russian Federation in the field of licensing and argues proposals for its improvement.

80-87 268
Abstract

The state of the securities market under the conditions of sanctions pressure is analyzed. Special attention is paid to the role of the Central Bank of the Russian Federation in the system of strategic planning of the securities market. The article analyzes medium-term strategic planning documents in the field of the securities market, provides medium-term goals of the Bank of Russia’s policy on the development of the financial market before the introduction of sanctions and policy changes after the events of spring 2022. The author points out the principles of financial market development policy and their impact on the modern securities market, the importance of ways to influence the securities market is noted. The ways of influencing the financial market, the creation of prerequisites and motivation for its improvement are particularly noted. The author comes to the conclusion that it is necessary to determine the conditions and methods of restoring the financial sector to create a stable and confident growth of financial stability, while using all possible services of the financial market.

88-96 367
Abstract

The publication examines the specifics of the regulatory legal regulation of public administration activities under the unprecedented pressure of a number of foreign states on the Russian Federation, affecting to one degree or another, in fact, most areas of public administration. The author comes to the conclusion about the direct relationship of unfriendly actions of foreign states with threats to the sovereignty of the Russian Federation and the need for legal science to develop a universal legal mechanism for its administrative and legal protection in this regard.

The article examines the legislative acts that lay the legal basis for Russia’s response to unfriendly actions (including through the use of retaliatory measures) and the provisions of which are developed in subordinate law-making at various levels.

Based on the analysis of legislation and scientific doctrine, the peculiarities of public administration in the conditions of pronounced unfriendly actions of individual states are determined, and its main elements that are subject to study and improvement are also identified.

97-107 266
Abstract

Using the example of the administrative prosecution of illegal migration, the article examines the inconsistency of the actions of the legislative, executive and judicial authorities. Its consequence is both the avoidance of migrants from administrative responsibility, and the transformation of administrative expulsion into the imprisonment for an uncertain period. Author expresses disagreement with the legislative trend to narrow the limits of judicial discretion and draws attention to the need to consolidate the efforts of all branches of Russian government, taking into account the current international political situation. In this regard, the expediency of adjusting the legislative approach to judicial proceedings in cases of administrative offenses is emphasized. Instead of limiting the discretion of the court, it is necessary to provide the court with a sufficient arsenal of administrative punishment and the authority to impose additional legal duties, in order to optimally individualize punishment.

VECTOR OF LEGAL SCIENCE. Digital Transformation of Public Administration

108-116 331
Abstract

The article is devoted to assessing the completeness and quality of legal regulation in the field of artificial intelligence and legal support for the use of artificial intelligence in public administration. The author shows the state and development of artificial intelligence regulation in Russia.

The author shows that the segments of conceptual and doctrinal and strategic planning acts and the segment of standardizing documents in Russia have been created and filled to a certain extent in the country (at least purely formally), but there are no acts of legal regulation today, neither in a full-fledged modality, nor as some starting point.

The article reveals some key problems in the field of regulating the development, testing, implementation and use of artificial intelligence. The author raises the issue of separating the real developments of artificial intelligence technologies that are promising for use in public administration or are already being used or tested in this area, and outright deception in this area. The article proposes a mechanism for searching for appropriate solutions. The author proposes priority measures for completing the regulatory space in the field of artificial intelligence.

117-127 439
Abstract

The article is devoted to the issues of determining the content and ontology of innovative public-legal regimes. The author gives the author’s concept of legal understanding and interpretation of the concept of “legal regime”.

Key questions raised in the article — what specifically gives grounds to consider one or another public-legal regime as innovative. What is the core of the novelty in the ontology that allows us to talk about it?

The article emphasizes that today a great many definitions of the concept of “innovation” are known and used, but most of them in relation to public-legal regimes do not provide any clear meaningful characteristics.

Glancing at the topic of innovation in the regulatory space, the author concludes that a legal innovation can be: 1) a fundamentally new regulatory solution in the form of a proposal for legislative changes; 2) a fundamentally new law enforcement procedure, an algorithmic chain; 3) a new law enforcement approach; 4) a new legal principle intended for embedding in the activities of public administration bodies; 5) a new paradigm in operating regulatory tools, goals, results, benefits.

The author declares the article as posing a scientific problem, but at the same time the author offers a conceptual answer to the above questions.

VECTOR OF LEGAL SCIENCE. Countering drug trafficking

128-136 168
Abstract

The article deals with the main issues of organizing treatment and social and medical rehabilitation of drug addicts in the Russian Federation. The data of a sociological survey regarding the effectiveness of drug addiction treatment by medical methods are given. The procedure for making a diagnosis of “drug addiction” and the grounds for sending citizens for a medical examination are briefly described. The problem associated with the implementation by the offender of the subjective right to undergo appropriate therapeutic and preventive measures in exchange for the execution of administrative penalties (mainly an administrative fine and administrative arrest) is analyzed. Proposals are given to increase the motivation of drug users (persons who illegally use drugs or who are diagnosed with drug addiction or harmful with harmful consequences) drug use) to receive drug treatment and other assistance through administrative and legal incentives. The high positive potential of the implementation of administrative and legal incentives in relation to drug users, which form in such persons stable prerequisites for future lawful behavior, has been proved.

137-145 214
Abstract

The paper examines the administrative responsibility for advertising and propaganda of narcotic drugs, established by Article 6.13 of the Administrative Code of the Russian Federation, the definitions of these categories are considered. The statistics of judges’ consideration of cases under this article are given. Based on the analysis of judicial practice, the forms by which advertising and propaganda of narcotic drugs are carried out are studied, and it is also concluded that it is the propaganda of narcotic drugs that is most often identified than their advertising.

The issue of delineation of offenses related to advertising and propaganda of narcotic drugs is also being considered. The analysis of judicial practice allowed us to come to the conclusion that these concepts are not actually differentiated by law enforcement agencies, this happens, in particular, due to the fact that responsibility for these acts is established by one norm, while it is concluded that such an offense as advertising of narcotic drugs is more socially dangerous, since advertising can also be propaganda at the same time. As a result, this offense must be punished most severely.

VECTOR OF LEGAL SCIENCE. Harmonization of Russian and foreign administrative legislation

146-153 1357
Abstract

The author conducted a comparative legal analysis of the regulatory framework of administrative responsibility — the legislation on administrative offenses of the two countries that are part of the Romano-German legal family. It is noted that this legislation is codified in both countries. However, the German Code of Administrative Offences, unlike Russia, can be called a framework. The concept of an administrative offense and its signs are analyzed. It is noted that they partially coincide in Russian and German legislation. Special attention is paid to the analysis of subjects of administrative responsibility. In particular, there is an earlier age of bringing individuals to responsibility in Germany compared to Russia. It is noted that in Germany, unlike in Russia, the institution of complicity is used in administrative responsibility. Administrative offenses and administrative penalties applied for their commission in both countries are investigated. It is concluded that there are much more of them in Russian legislation and they are more diverse. In conclusion, the author makes proposals on borrowing certain provisions of the German Code of Administrative Offences in the Administrative Code of the Russian Federation.

154-160 296
Abstract

This article examines the specifics of countering the practice of revolving doors as a corrupt act in Russia and foreign countries. The author reveals the essence of the practice of revolving doors, shows its ambiguous understanding in different states. Particular attention in the study of this practice is paid to domestic and foreign experience of its legal regulation. Article 19.29 of the Code of Administrative Offences of the Russian Federation devoted to unlawful engaging a state or municipal employee or former state or municipal employee in employment or performing work or services is considered in detail. Peculiarities of law enforcement practice related to the mentioned article of CAO RF are analyzed as well as legal positions of the Supreme Court of the Russian Federation and Constitutional Court of the Russian Federation dedicated to this article. The basis for counteracting the practice of revolving doors in such foreign countries as Germany, the United States of America and France is described.

161-167 236
Abstract

The article deals with questions of legal regulation of the budgetary legislation of the Republic of Abkhazia, current legal mechanisms of formation of financial security at the state level. The author presents mechanisms for implementing the Law “On State and Municipal Procurement” within the framework of harmonization of the legislation of the Republic of Abkhazia and the Russian Federation, in order to minimize or eliminate corruption factors in the occurrence of legal relations in the acquisition of goods, works and services necessary to ensure the activities and functions of public authorities and public administration of the Republic of Abkhazia. Analysis of the legal regulation of the budgetary legislation allowed identifying the problematic issues, which are poorly reflected in the normative legal acts or have logical contradictions. Proposals for improving the legislation of the Republic of Abkhazia in the budgetary sphere are substantiated.

VECTOR OF LEGAL SCIENCE. History of Administrative Law and Administrative Procedure

168-174 655
Abstract

This study is devoted to the history of the emergence of the administrative process in Ancient Rome, since Roman law is the beginning and classic for the subsequent development of law. It appeared about 2 x and a half thousand years ago. It is no coincidence that in the Middle Ages it was received by Europe and became the basis for the development of various branches of law. Some concepts of Roman law were transferred to Russian law, as can be seen from this study. The study shows how the administrative process developed, although at that time there were no administrative courts. There was no concept of an administrative offense. Roman law was divided into public and private, so we tried to highlight the elements of the administrative process in private law. How successful this is for the reader to judge. Let them express their opinion.

TRIBUNE FOR YOUNG SCIENTIST

175-182 288
Abstract

This article analyses the practice of unmanned air transport in the context of ensuring national security of the Russian Federation. The author describes the key features of unmanned air transport, certain aspects of its legal regulation contained in the Air Code of the Russian Federation, analyzes the roadmap of the National Technological Initiative “Aeronet”. It also analyses the practice of using unmanned aircraft during the Special Military Operation in Ukraine, as well as offences committed with the use of said aircraft in Russia and foreign countries. Separately the activities of federal executive authorities (Federal Air Transport Agency, Federal Service of National Guard Troops of the Russian Federation, Ministry of Internal Affairs of the Russian Federation, Federal Security Service of the Russian Federation) on prevention and suppression of the mentioned offences are disclosed. It is suggested that the legal regulation of the use of unmanned aerial transport should include state accounting, state registration, admission and confirmation of compliance with certain requirements.

183-190 298
Abstract

The article is devoted to the issues of environmental safety. The author reveals the content of threats to the environment, gives their classification. The importance of forecasting the possibility of the emergence of prospective and new threats is noted, the mechanisms of such forecasting are considered. The article proves that climate change is the most important threat to the security of the Russian Federation, and therefore their timely identification and assessment are among the priorities of climate policy. Analyzing the content of the National Security Concept of 2015 and the Environmental Security Strategy of the Russian Federation for the period up to 2025, the author concludes that the legislator does not see any special differences in the terms used for the purposes of these normative legal acts, that the problem of poor quality of terms in the field of environmental protection is not only practical and legal, but also methodological aspect, since it is due to the intersectoral nature of public relations. The consequences of poor-quality terminology, confusion of important concepts will necessarily lead to mistakes in planning and ensuring environmental safety. There is a need for a unified, inter-sectoral, interdisciplinary approach to the study of the problem, coordinated in terms of goals, tasks and functions.

191-198 313
Abstract

The article reveals the concept, goals and place of higher education in the system of ensuring national security of the Russian Federation, discloses forms of state control, shows the role of state control over the quality of higher education to achieve strategic national priorities. The improvement of the level of higher education is largely ensured by the federal state control of the quality of higher education. Based on the analysis of federal legislation and regulatory legal acts of the Ministry of Science and Higher Education of Russia and Rosobrnadzor, it is concluded that it is necessary to improve the existing system of federal state quality control of higher education through the introduction of information technologies for data collection and analysis, the development of electronic monitoring and its tools. Federal state quality control of higher education in modern conditions is becoming not only a means of state policy in the field of saving the people of Russia and human development, but also contributes to the implementation of other strategic national priorities.

199-208 348
Abstract

The article addresses the issues that are related to the administrative discretion amid digital transformation of public administration. The Author researches the change of “generations” of public officials — streetlevel, screen-level, system-level bureaucrats, reveals practical aspects of public officials and citizens interaction during different periods of time. Special attention is paid to the qualitative and quantitative transformations of discretionary powers of executive bodies and their officials: the Author mentions key scientific approaches to the issue of change of scope and content of discretionary powers, examines the public attitude to corresponding processes (on the example of the provision of public services institution), summarizes experience of some countries in gradual automation of executive and administrative activity in general and several administrative functions in particular. Moreover, so called digital discretion (digital administrative discretion, artificial discretion), its positive and negative sides, difficulties during the implementation are researched.

209-216 362
Abstract

The article examines the issues of digital transformation of federal state supervision in the field of road safety, forms and methods of its implementation. Special attention is paid to supervisory activities carried out without interaction with the controlled person — monitoring compliance with mandatory requirements and on-site examination. The conclusion is made about the importance of legislative consolidation of an exhaustive list of supervisory actions carried out within the framework of an on-site survey. The legal regulation of digital technologies of the federal state supervision in the field of road safety is in the process of formation. In the future, it is necessary to implement the possibility of self-examination using test sheets in automatic mode, the procedure of self-declaration, to ensure the appeal of decisions of the supervisory authority, actions (inaction) of officials in electronic form, etc. The digital transformation of federal supervision in the field of road safety should qualitatively change the system of state supervision, make it more open, shift the focus from punishment to prevention, reduce the costs of all stakeholders, and most importantly — reduce the number of accidents that occur due to violations of mandatory requirements.

OFFICE BOOKSHELF

LAW IN HISTORICAL REFRACTION. Legal legacy

220-226 149
Abstract

Печатается фрагмент параграфа из книги: Белявский Н. Н. Полицейское право (административное право) : конспект лекций. 3-е изд., доп. Пг., 1915. С. 95—102.

POST SCRIPTUM



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)