No 4 (2025)
Articles
Mastering the Russian language, knowledge of Russian history, and the fundamentals of legislation by foreign citizens (stateless persons) arriving in the territory of the Russian Federation: issues and prospects for legal regulation
Abstract
The article is dedicated to the study of the problem of legalizing the stay of foreign citizens (stateless persons) in Russia without having a minimal level of proficiency in the Russian language, knowledge of Russian history, and the basics of Russian legislation. The topic is relevant due to the fact that uninformed newcomers are unable to socialize within Russian society, exacerbate the criminal situation, and pose a threat to national security. There is no consensus in legal literature regarding the solution to this issue. The subject of the study consists of the provisions of a number of legal acts regarding the regulation of the exam process in Russian language, Russian history, and the basics of Russian legislation, as well as the circulation of certificates confirming knowledge and skills. Special attention is given to legal acts that establish the technical parameters for the security level of certificate forms. The key research methods used were analysis and formal-legal methods. The first allowed for the examination of various scientific approaches to improving the exam process and the circulation of certificates, while the second involved studying legislation and formulating the author's opinions and conclusions. The scientific novelty of the research is due to the fact that it illustrates the current state of legal regulation regarding migrants' obligation to confirm their proficiency in the Russian language, knowledge of Russian history, and the basics of Russian legislation. Based on the research findings, the author suggests replacing certificates with statements featuring a unique two-dimensional barcode (QR code). To prevent dishonesty during the examination process, there is an opinion on the necessity of selecting the chairperson of the examination commission from external state institutions. Each candidate should be coordinated with the territorial office of the Ministry of Internal Affairs of the Russian Federation. The chairperson of the commission should be tasked with drafting a conclusion regarding compliance with the procedure at the end of each meeting. The quality of knowledge and skill assessments can be enhanced by unifying the organizational and methodological principles of conducting tests.
Administrative and municipal law. 2025;(4):1-15
1-15
Training of specialists for subjects of public control in Russia as a tool to increase the economic efficiency and effectiveness of their functioning
Abstract
The article is devoted to the analysis of the processes of training specialists for public control entities as a tool for increasing the economic efficiency and effectiveness of the functioning of this civil society institution. It is noted that despite the fact that a large number of works are devoted to the study of the institution of public control in the Russia, as well as the need to improve its efficiency and effectiveness, there are no separate articles concerning the justification of the training of specialists for public control entities as a key tool for improving the economic efficiency of their functioning. The work substantiates the need to develop and implement a comprehensive system of training specialists for public control entities in Russia as a tool to increase the economic efficiency and effectiveness of their functioning: by consolidating this institution of civil society in the Constitution of the country, as well as the state's obligation to train personnel for it at the expense of the federal budget – in the legislation on public control; by adopting federal laws programs aimed at the systematic training of these specialists; through the development in the scientific doctrine of public control of the parameters of the training system for these specialists; through the development by the Public Chamber of a system of qualification requirements for these specialists. Increasing the efficiency and effectiveness of the public control system is possible only if an optimal comprehensive system of training specialists for public control entities is built and implemented, which should: cover all levels of professional training and retraining of personnel; train workers for all types of the specified entities; be financed from both the federal budget and through the implementation of public-private partnership projects; use modern digital technologies, as well as positive foreign experience.
Administrative and municipal law. 2025;(4):16-36
16-36
International legal foundations for the formation of a system of administrative and legal provision of food security
Abstract
The subject of the study is the international legal foundations for the formation of the system of administrative legal and international legal regulations that provide food security. In particular, such international documents as the Rome Declaration "On World Food Security" adopted in 2009 and the Convention "On Food Assistance", which entered into force in 1999, are analyzed. In the article, the author notes the obvious advancement of legal policy on food security issues in the Rome Declaration. Significant flaws in the document are revealed. The provisions of the Declaration are general in nature and do not disclose administrative and financial mechanisms for ensuring food security. The 1999 Convention became a more elaborated and detailed document, it consolidated the creation of its own executive body, the Committee on Food Aid. The research methods were such general scientific methods as analysis, synthesis, and the comparative legal method was also used in the work. Currently, the issues of administrative and legal provision of food security in the international aspect have not been studied properly. The international situation is constantly changing, while the topic of providing high-quality food to the population remains relevant. According to the results of the study, it was revealed that the Rome Declaration did not disclose the principles of interaction between the executive authorities of the signatory countries, and did not prescribe the processes of attracting private capital to solve food crises of those in need. The 1999 Convention on Food Aid also has significant gaps: there is no clarity in the procedure for submitting applications from countries for assistance, it is not prescribed how to determine which country needs food aid, to what extent, control and auditing bodies have not been established. The Act does not provide for any joint activity of the executive bodies of the participating countries in solving the tasks set out in it. In the conclusion of the study, the author concludes that the 1999 Convention on Food Aid is invalid.
Administrative and municipal law. 2025;(4):37-53
37-53
Rehabilitation in the administrative and tort process
Abstract
The article is devoted to the study of the issue of observance of the rights of individuals and legal entities in the administrative tort process. Regulation of issues of compensation for harm caused by illegal administrative prosecution through exclusively civil-right mechanisms does not allow for full observance of rights of persons subjected to state coercion, since they do not take into account the specifics of inequality of subject composition of legal relations arising in such cases. The lack of legal regulation of the institution of rehabilitation in the administrative and tort process entails a violation of the right guaranteed by the Constitution of Russian Federation to compensation for harm caused by state authorities. Based on the oretical research on this issue, the article substantiates the provisions on need to make appropriate amendments to the Code of Administrative Offenses of Russian Federation. The author proposed the need to consolidate in the Code of Administrative Offenses of Russian Federation a list of rehabilitating grounds for terminating proceedings in administrative offense case, which should include the termination of proceedings due to the absence of event or the composition of an administrative offense. Also, the article substantiates the need to supplement Part 1 of Art. 29.10 of the Code of Administrative Offenses of Russian Federation with the provision that in the event of termination of proceedings in administrative offense case, the right to rehabilitation is recognized for the person. The author put forward a proposal to amend Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, providing for the obligation of the body considering the case of administrative offense, in the event of termination of the proceedings on this basis, to assess the actions of the person for his guilt in committing the offense imputed to him.
Administrative and municipal law. 2025;(4):54-66
54-66
The mechanism of administrative and legal regulation of the control of the customs value of goods
Abstract
The subject of this study is the mechanism of administrative and legal regulation of customs value control, which includes legal norms, legal relations, acts of application of law and methods of legal regulation. The authors consider these elements in relation to customs value control, since this legal institution has not received adequate coverage in the research of legal scholars, while the customs value has been covered in detail in the works of economists. Over the past decade, the vector of administrative and legal regulation of the customs sphere has included several main areas: the development of foreign trade, ensuring the economic security of the state, creating favorable conditions for foreign economic activity by persons initiating the movement of goods across the customs border of the EAEU and subjects of activity in the field of customs affairs, strengthening the role of a method of stimulating the conscientious behavior of subjects of customs law who do not have authority in traditionally imperative customs relations. The main element that forms the basis of customs and tariff regulation is such an economic and legal category as the customs value. The scientific article was developed on the basis of a system of general scientific and private scientific methods. When writing the article, the logical method, the method of deduction and induction, the method of system-structural analysis, the comparative legal method, and the method of content analysis were used. The authors have established that the mechanism of administrative and legal regulation of customs value control is a system of legal means regulated by customs law aimed at ensuring the economic security of the state and the completeness of customs duties collection. Scientific research is an attempt to understand the legal nature of customs value control, which generates appropriate administrative and legal relations and is a necessary element of ensuring the economic security of the state. The necessity of further scientific research of the administrative and legal regulation of the control of the customs value of goods has been identified, and the importance of customs value as the basis of customs and tariff regulation, and customs value control as one of the key types of customs control, has been substantiated.
Administrative and municipal law. 2025;(4):67-80
67-80
