No 4 (2015)

Cover Page
Articles
The determination of the «administrative responsibility» in doctrine of the administrative law
Ageev A.A.
Abstract
The article deals with such a category as «administrative responsibility», the study of which provides a number of existing in the doctrine of administrative law point of view, approaches to the consideration of these concepts with the aim of isolating the essential features of such a category, allowing further pay tribute to her determination. It is alleged that the administrative responsibility vested with specific features that distinguish this type of legal liability from criminal, civil, disciplinary and financial liability. One of such feature is the system of administrative penalties. A comprehensive analysis of the doctrinal approaches to the concept of administrative responsibility of the author points out that each of the proposed concepts offers its own set of constitutive features of these categories. In addition, the author notes that the legal definition of the concept being studied is also missing. The article stated that the institution of administrative liability is represented not only a set of substantive and procedural rules governing initiation of administrative offenses and impose an administrative penalty, but as a basis of doctrinal information about the study in this study category, thus presenting a comprehensive legal Institute.
RUDN Journal of Law. 2015;(4):9-13
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Review of administrative decisions in Australia
Muratova E.V.
Abstract
The article describes the positive achievements of administrative justice in the Australian Union in the context of the Russian Code of Administrative Procedure. Different approaches to the definition of «administrative justice» are considered. The principles of administrative justice in Australia: responsiveness; provision of free legal aid; the right of individuals to require judicial review of government decisions that adversely affect them; application of the rules of natural justice are analyzed. Two concepts of protecting the rights of individuals in their relations with the public administration, namely judicial review of administrative decisions implemented by the courts (judicial review) and review of administrative decisions on the merits to the Administrative Tribunal (merits review) are analyzed. Particular review of administrative decisions in the federal courts, as well as an administrative tribunal is determined. It is concluded that the Australian model of administrative justice makes possible the existence of review on the merits to the Administrative Tribunal for the correctness, inappropriate or of an error in law, and the judicial review of administrative decisions on the subject of law, which protects the rights of citizens against unlawful acts of public administration. The author notes that Australian established system review on the merits of administrative decisions has allowed not only to relieve the judicial authorities from a large array of cases, but also to provide an opportunity to challenge administrative decisions of the general population of Australia.
RUDN Journal of Law. 2015;(4):14-20
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Antimonopoly control, and protection of competition in the system of economic public management: the question of public-law administrative efficiency model
Pisenko K.A.
Abstract
The article is about building an effective model of public legal entities to protect competition in the context of the goals and objectives of management of the economy. Issue of the need to address competition policy as an integral part of economic policy, the formation of institutions of antimonopoly regulation and control in close connection with other areas of economic governance, including monetary, fiscal, certain sectors of the economy is raised. It is stated that a particular set of tools depends on the specifics of a particular state, its economic development, geopolitical situation, the tasks of national development, especially the history and development parameters and content of the legal system, legal, family, and other factors. Problems of concentration of management functions and powers in the field of protection of competition, formulated proposals for improving the public law model the distribution of powers in the field of competition policy between government entities of public law in order to improve economic management and the protection of public subjective rights of citizens are studied. It is proposed to adopt a set of measures based on the principle of de-concentration of powers in the field of protection of competition, taking into account Russian trends, features and specifics. Principles of concentration and deconcentration of the example of the United States, European countries and the Russian Federation are analyzed in detail. It is concluded that the global experience suggests the use of specific institutional approaches to the regulation and control of competition in the financial markets, including through the transfer of powers in the field commanding entities operating on the financial markets as a whole.
RUDN Journal of Law. 2015;(4):21-30
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Securities market as a category of financial law
Proshunin M.M.
Abstract
The article focuses on the financial and legal issues on securities market regulation. The article deals with the financial and legal nature of the social relations that are emerging in the securities market through a review of methods and techniques of securities market regulation, allocation of a special relationship of the data subject and the public interest in the regulation of the securities market. Differences of the primary and secondary securities market are given. Regulatory, compensatory and redistributive function of the securities market is analyzed. Control of the securities market highlighted in the article as an independent type of state financial control in the Russian Federation. Legal relations arising in the issuance and circulation of state securities are separately analyzed. It is proved that the basis for consideration of the securities market as the financial and legal categories and, therefore, as a matter of financial law in fact are bases, similar to the reasons set out in defense of the financial and legal entities of public banking law: stock market - an integral part of any financial system market type, the presence of public interest in the regulation of relations in the securities market, the existence of a mandatory subject of legal relations, having a public authority in the face of the Bank of Russia, the existence of relations of power and subordination between the Bank of Russia and professional participants of the securities market in the framework of regulation and supervision securities market, public-legal methods of regulating the securities market.
RUDN Journal of Law. 2015;(4):31-39
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Migration statistics’ significance for international law
Kiseleva E.V.
Abstract
The facts about the subject of legal regulation constitute an essential prerequisite for the creation of legal norms, including norms of international law. Lack of reliable data or their distortion leads to norm-creation, which is inadequate to life, and, thus, to inefficient legal regulation. Critical significance of the evidence base in the field of international legal regulation of migration is stressed in numerous international legal instruments. Creating and maintaining the evidence base on migration issues is carried out within the United Nations system, as well as in other international intergovernmental organizations, e.g. of regional level. Despite considerable efforts by the international community in this direction, in the collection, aggregation and use of statistical data on migration there is an imbalance between different countries and regions in terms of availability of the data. Crucial character bears the imbalance between developed and developing countries in this respect, as the differences between the two groups of states exists also in the specifics of participation in migration processes. Moreover, there is no comparative information on institutional capacities and needs (which states what data collect). Specific information about capacity-building in collecting and gathering data is not available to the public (e.g. to what states who and what kind of assistance provided to build capacity of gathering, maintaining and expanding the migration statistics). The article presents a brief of existing law and the international legal framework of international migration statistics and of the problem field of international migration statistics from the point of its impact on norm-creation in international legal regulation of migration.
RUDN Journal of Law. 2015;(4):40-47
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Judicial power in the structure of the state and mechanism of power-sharing system
Grebnev R.D.
Abstract
By studying questions on the Russian judicial system, the author comes to the following conclusions. Justice is the provision of the rights and legitimate interests of citizens in criminal proceedings at the investigation stage, that to some extent is overseeing the investigation; is an instrument of discipline in military units, on the one hand, and, on the other hand, is a guarantee of the rights and legitimate interests of servicemen in attracting them to disciplinary liability; is tool checks of the legality and validity of actions and orders of the executive authorities, municipal authorities and their officials, actions and orders of public associations, commercial organizations and their senior officials by the complaints and appeals of citizens and legal persons; it is also the quality of the tuning fork of the legislative process at all levels - federal, subjects of the Russian Federation, municipal and departmental. It is proved that one of the ways of improvement the effectiveness of law in Russia is to improve the legislation and legislative technique, the other way is the development of special procedures for the settlement of disputes out of court, actively include citizens in these processes. Another way is to increase the professional level of the judiciary and legal education in general. This can be achieved by strengthening the role of social accreditation by professional corporations. The author notes that in society there is still a cautious attitude to the court system, which is traditional for Russia, and it will take a lot of time to overcome this gap. Ways to overcome this attitude are associated with openness, accessibility and the possibility of public scrutiny of decisions.
RUDN Journal of Law. 2015;(4):48-63
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Ethical and legal status of abortion: history and current state of a problem
Gnatik E.N., Sokova E.A.
Abstract
This article is devoted to discussion of ethic and legal problems of an artificial abortion. This «eternal» question keeps the relevance. In 2015 the bill of a ban of abortions was introduced in the State Duma of the Russian Federation. Historical aspects of the relation of the Russian legislation to a problem of abortions are considered in the article. It becomes perceptible that a present situation in the domestic legislation - a direct consequence of the events which occurred after October revolution of 1917 when Russia became the state for the first time in world practice completely legalized abortions. Throughout the XX century the problem of artificial abortion gradually lost moral and humanitarian aspects, and today most of Russians perceives abortion as especially medical problem. Authors support the new bill which is rigidly limiting production of abortions, believing that the fetus since the moment of objective establishment of its existence by methods of modern medicine has to be considered as the person having all corresponding rights including the right for life. A legislative ban is a step on the way of the termination of distribution of the liberal ideology denying the personal status of a fetus and undermining moral principles of society concerning murder.
RUDN Journal of Law. 2015;(4):64-74
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The basic premises of improvement of methodological tools to develop legal regulation in the area of child protection in Russia
Fedorov M.V., Zinkovskiy S.B.
Abstract
The article is devoted to the justification of the wide use of scientific approaches and methodological tools within the legislative activity, particularly in the area of protection of children’s rights. The article defines the scheme of scientific and methodical provision of legal regulation in this area as well as the essential directions of its legal regulation. Legal regulation on protection of the rights of the child involves study of mechanisms of such regulation, of instruments used in these mechanisms from a theoretical and practical point of view, as well as the formation of the program of action for the development of a legal mechanisms to protect the rights of the child with a list of appropriate measures. Contemporary international legal documents are based on the recognized importance of the full provision by the states of implementation of internationally recognized guarantees in this area. The perspectives of development of legal regulation in the area of protection of child’s rights lies generally in the frames of international legal policy in this area but strongly provides the respect of the national interests and the promotion of Russian legal and conceptual models which are sometimes even more appropriate, effective and progressive than their foreign analogues (1).
RUDN Journal of Law. 2015;(4):75-81
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Unborn child: his legal status and scope of his rights
Grebennikov V.V.
Abstract
This article is a review of the scientific monograph of I.V. Ponkin, A.A. Ponkina, V.V. Yeremyan and M.N. Kouznetsov «On legal bases for legal recognition of the value of life, human dignity, and the right to life of a child at the stage of prenatal development» (Moscow: Head physician, 2015, 106 pp., Rus., Eng., Fr.).
RUDN Journal of Law. 2015;(4):82-85
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Our authors
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Abstract
RUDN Journal of Law. 2015;(4):86-87
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