№ 2 (2025)
- Жылы: 2025
- Мақалалар: 5
- URL: https://journals.rcsi.science/2306-9945/issue/view/24612
Бүкіл шығарылым
Articles
"Legalization" (money laundering) of funds in the interests of a legal entity (article 15.27.3 of the Code of Administrative Offenses of the Russian Federation): commentary on possible law enforcement
Аннотация
The subject of the study is certain provisions of the Code of Administrative Offenses of the Russian Federation, regulating, in systemic interconnection with certain norms of anti-money laundering legislation, the Criminal Code of the Russian Federation, and the Civil Code of the Russian Federation, the specific features of bringing to administrative liability for performing, in the interests of a legal entity, transactions or financial operations involving funds or other property known to have been criminally derived by the perpetrator, with the aim of giving a legal appearance to the ownership, use, and disposal of such property (article 15.27.3 of the KoAP RF). The purpose of the study is to systematize knowledge on the topic, explain the content and meaning of the regulatory provisions governing the relevant legal relationships, attempt to overcome legal uncertainty in considering specific issues, and contribute to the formation of law enforcement practice in cases of this category. Research methods include: formal-legal (review, comparison, and interpretation of legal norms), analysis, induction, and synthesis (identification and study of individual phenomena followed by their combination into a unified whole to comprehend its essence and interconnections). The author describes the elements of the specified administrative offense, summarizes the legal positions of higher courts on the most important issues related to the legal assessment and qualification of acts as "legalization in the interests of a legal entity" (money laundering), and, based on these, interprets the main approaches to enforcing article 15.27.3 of the KoAP RF. The novelty of the study, in the absence of judicial practice and other comprehensive works on the indicated topic, is characterized by its content, based on a reasoned systematic interpretation of mutually consistent legal norms and the positions of higher courts. The application area of the results of this applied research is the activities of procurators, employees of the financial intelligence unit of Russia (Federal Financial Monitoring Service), and courts. Among other things, the conclusions substantiate the necessity of organizing interdepartmental interaction for the detection and suppression of administrative offenses of this category.
NB: Administrative law and administrative practice. 2025;(2):1-32
1-32
Conservation of aquatic biological resources: current issues
Аннотация
The subjects of the article are social relations that arise during activities aimed at conserving aquatic biological resources. The article discusses the problem of inconsistency of certain acts with modern realities in connection with climate changes on our planet. Special attention is given to conceptual issues. The author provides an overview of the main regulatory and legal framework in this area, as well as an analysis of specific acts for their compliance with fishing legislation and their practical application. It is noted that the conservation of aquatic biological resources represents a multidirectional activity that permeates the process of fishing, including measures aimed both at preventing the negative impact of overfishing or other anthropogenic activities and at eliminating adverse consequences. The author emphasizes the importance of bringing the terminology in the fishing sector and the conservation of aquatic biological resources to consistency. The article proposes amendments to eliminate terminological inaccuracies in the updated Resolution of the Government of the Russian Federation dated May 22, 2025, No. 704 "On the features of the protection, capture (extraction) of endemic species of aquatic animals and the collection of endemic species of aquatic plants in Lake Baikal." The proposed amendments aim to improve the regulatory framework in the field of conservation of aquatic biological resources and ensure the protection of a larger number of valuable hydrobionts.
NB: Administrative law and administrative practice. 2025;(2):33-46
33-46
Prospects for the development of administrative responsibility for driving a vehicle by a driver who does not have the right to drive a vehicle
Аннотация
The article explores the problem of administrative responsibility for driving a vehicle by drivers who do not have the right to drive it, based on the provisions of Article 12.7 of the Code of Administrative Offenses of the Russian Federation. The object of the study is law enforcement practice and legislative mechanisms regulating the liability of drivers who do not have the right to drive a vehicle, including statistical data on offenses and applied sanctions. Based on the provisions of Article 12.7 of the Code of Administrative Offences of the Russian Federation, the main categories of persons subject to this rule are considered: persons who have never received a driver's license, persons with expired driver's licenses, as well as citizens who have lost the right to drive for medical reasons. The work uses an integrated approach, including regulatory, statistical and comparative analysis. The research methodology includes an assessment of changes in legislation, an analysis of judicial practice and law enforcement practice, as well as consideration of the problems of qualification of offenses and their impact on road safety. The author's research shows that current law enforcement measures are not always effective in preventing offenses, and changes are proposed to the current administrative legislation aimed at increasing the preventive effect and improving road safety. The authors emphasize the need to improve the mechanisms of administrative responsibility, including by strengthening sanctions for repeated violations. The authors pay special attention to the analysis of the practice of applying fines, administrative arrests and other punishments, as well as their impact on road safety. The authors also propose to strengthen sanctions for repeated violations, including increased fines and the introduction of compulsory labor, and substantiate the need for changes in legislation to increase the preventive effect and improve road safety.
NB: Administrative law and administrative practice. 2025;(2):47-62
47-62
Public control over public procurement
Аннотация
The article is devoted to public control over public procurement in Russia. The relevance and scientific novelty of the work lies in the development and justification of a system of measures to resolve a set of problems that impede the implementation of public control over public procurement. The analysis of the problems associated with the organization and conduct of public control events in relation to public procurement is carried out: the lack of consolidation of this institution of civil society in the Constitution of Russia; the absence in the legislation on public control and procurement legislation of a reference to the possibility of organizing and conducting public control events; the lack of elaboration in the scientific legal doctrine and legislation of specific forms, methods and types of public control measures in relation to public procurement; the lack of real powers for subjects of public control; the absence in criminal and administrative legislation of measures of legal responsibility for countering the legitimate activities of subjects of public control when conducting public control measures in relation to public; the lack of organizational, technical, material and property base sufficient for the implementation of this public control; non-use of foreign experience of the above-mentioned public control. In the course of the scientific research, a number of methods were used: formal-logical; comparative-legal; historical-legal; statistical; sociological; methods of financial analysis; method of studying specific legal situations. The points of view regarding the possibility and limits of public control in the field of public procurement are considered. The role and importance of public procurement in the system of objects of public control is substantiated. To solve these problems, the authors have developed and justified a system of measures, including: incorporation of the public control into the Constitution of Russia; consolidation of the possibility of its application in relation to public procurement in legislation; development and implementation, under the leadership of the Public Chamber of the country, of a system of specific forms, methods and types of public control measures in this area; consolidation of a system of real powers for subjects of public control in this area; consolidation in legislation of a system of measures of responsibility for countering the legitimate activities of subjects of public control; strengthening the organizational, technical and logistical base of subjects of public control; its optimization taking into account positive foreign experience.
NB: Administrative law and administrative practice. 2025;(2):63-79
63-79
Potential value of equipping road service facilities with devices for displaying road safety promotion
Аннотация
In today’s global and digital age, traditional road safety propaganda methods are no longer enough. We need new, modern mechanisms to reach and to massively influence vehicle drivers. And these mechanisms should be ubiquitous and distinctive. The study’s subject was to identify the most effective technologies for influencing the behavior of this specific group of road users. The study focuses on integrating digital devices designed to display road safety information (promotion) at road infrastructure facilities, gas stations in particular. In this study we consider the feasibility of widespread equipping of road service facilities with such devices. The objective of the study is to assess the effectiveness of such devices in reducing accidents and raising awareness of road users in the field of road safety. A conclusive report has been made using a mixed methodology. This methodology includes literature analysis, modern digital tools and platforms, surveys, system analysis, and generalization of normative, theoretical, and practical materials. It also uses the formal-logical method, modeling of potential results, etc. The report’s conclusion is clear: such technologies have significant potential in the formation of a sustainable culture of safe behavior on the roads. The report makes a proposal, as well. The proposal is about the need to integrate technological solutions into strategies. However, the proposal is contingent upon a systematic approach to their application. The author emphasizes that the widespread dissemination of road safety propaganda at road service facilities will provide maximum preventive coverage of vehicle drivers, who are the main road users and on whom road safety primarily depends.
NB: Administrative law and administrative practice. 2025;(2):80-93
80-93