No 4 (2015)

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.

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.

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.

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.

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.).