Debatable issues in administrative and municipal law
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Reference:
Lokhbaum, V.A., ZHardetskaya, Y.E. (2026). Gender factors in road safety: administrative and legal aspects and possible integration into public road safety policy. NB: Administrative Law and Administration Practice, 1, 1–21. . https://doi.org/10.7256/2306-9945.2026.1.75192
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Abstract:
This article is a comprehensive study on how the road user’s behavior depends upon their gender. The authors examine the key findings supported by the State Traffic Safety Inspectorate statistics and independent studies results, and discuss the possible reasons for the specifics found. The object of this research is road safety system including specific mechanisms for developing, assessing, and implementing corresponding measures and their possible improvement by means of gender factor integration. The subject is the gender specifics of road users (drivers, pedestrians) behavior, risk perception, and vulnerability as factors that work on the level and the structure of traffic safety. The authors consider how the above specifics may be applied in national road safety policy. The purpose of the research is to analyze persistent gender patterns of behavior that have significant implications for the development of targeted programs to enhance road safety, identify potential, and determine mechanisms for integrating the gender factor in such programs and road safety policy as a whole. The study is based on a synthesis of data obtained using the following methods: analysis of official statistics on road accidents, reports and surveys, including self-assessment of behavior, attitudes towards risk, knowledge of traffic rules, motivation to comply with the rules, meta-analysis, review and generalization of the results of independent studies to identify trends. Based on the analysis of empirical data, patterns in violations, risks, and behavioral strategies associated with gender are identified. Methodological approaches to studying the problem, as well as sociocultural and psychophysiological factors underlying gender differences, are taken into account, justifying the need to consider these factors to enhance the effectiveness of measures aimed at reducing accidents and injuries. The author concludes that ignoring the gender factor leads to suboptimal resource utilization and reduced effectiveness of road safety programs, while taking it into account contributes to the creation of a more inclusive and safer transportation system for all road users. The authors also offer specific recommendations for policy, planning, infrastructure, education, and research.
Keywords:
traffic, road safety, road behavior, gender factor, gender differences, accidents, drivers and pedestrians, traffic accidents, traffic injuries, road users
Theory and science of administrative and municipal law
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Reference:
Goncharov, V.V., Malinovskii, O.N., Cheshin, A.V. (2026). The concept and essence of the public control institution in Latin American countries. NB: Administrative Law and Administration Practice, 1, 22–42. . https://doi.org/10.7256/2306-9945.2026.1.79459
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Abstract:
The article examines the conceptualization of public control in Latin American countries, where this institution has acquired unique features that differ from Anglo-Saxon models of accountability. It analyzes the evolution of the terms "social control," "civil control," and "popular control," which in the region have undergone semantic inversion: from state control over society to society's control over the state. Using Brazil, Bolivia, Colombia, Ecuador, and Mexico as examples, the key characteristics of the institution are revealed: institutionalization, co-management, legal power of decisions, and strategic mobilization. The author offers a definition of public control adapted to Latin American specifics. The essence of this phenomenon is identified as an inversion mechanism that combines formal and informal practices aimed at ensuring transparency and preventing corruption in the post-authoritarian democracies of Latin America. This research is based on an interdisciplinary methodology that combines tools from political science, sociology of law, and comparative institutional analysis. It employs comparative-legal methods, historical-genetic methods, and case study methods for a detailed examination of institutional mechanisms in Brazil, Bolivia, Colombia, Ecuador, Mexico, Argentina, and Peru. The theoretical framework is neo-institutional theory, supplemented by concepts of "horizontal accountability" and "social accountability." The empirical basis consists of constitutional texts, laws on citizen participation, analytical reports from international organizations, and LATINNO databases on participation innovations. The main hypothesis of the study is that a distinct model of public control has emerged in Latin American countries, which differs from both the classical sociological concept of "social control" (state control over society) and the Anglo-Saxon model of "accountability." This model is characterized by institutional inversion (society's control over the state), legal empowerment of civil structures, the inclusion of elements of co-management, and the combination of formal (councils, supervisory committees) and informal (protests, media scandals) mechanisms. It is assumed that the degree of institutionalization and legal strength of public control correlates with the history of authoritarian past and the nature of democratic transition in each specific country.
Keywords:
concept, essence, public control, Latin America, social control, civil control, people's control, democracy, state control, constitution
Public and municipal service and the citizen
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Reference:
Agamagomedova, S.A. (2026). Mentoring in the system of state civil service: current issues. NB: Administrative Law and Administration Practice, 1, 43–55. . https://doi.org/10.7256/2306-9945.2026.1.79589
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Abstract:
The subject of the study is the institute of mentoring in the modern system of state civil service. The author examines the evolution of the mentoring institute in the practice of Soviet state construction in detail and analyzes the revival of scientific, public, and legislative interest in mentoring. The article substantiates the specificity of using mentoring practices within the structure of civil service and argues for a methodological approach based on examining the mentoring institute in terms of reflecting certain principles of civil service. Through the analysis of current legislation on state civil service, labor legislation, and subordinate regulations, as well as domestic and foreign scientific literature, various positions on the definition of mentoring are highlighted, and the goals of this institute are outlined. Special attention is given to the relationship between mentoring and the principles of stability in civil service and professionalism of civil servants, as well as the role of mentoring in shaping and developing intergenerational solidarity within civil service. Research methods employed include classification and systematization methods, systemic and comparative legal analysis, as well as historical and problem-oriented methods. The main findings of the conducted research include the proposition that mentoring in the system of state civil service can be viewed from various perspectives. Understanding of mentoring is identified as: a staffing technology; an element of service culture; a means of addressing problems in civil service; a factor reflecting certain principles of civil service; a condition for applying incentive measures; a factor in forming intergenerational solidarity; a direction for the professional development of civil servants; a public law institute; and a mechanism for forming, transmitting, and preserving service values. The necessity of establishing framework procedures for the use of mentoring in civil service legislation is justified, which will contribute to the unification of the application of this institute across various government bodies and the alignment of the legal statuses of civil and municipal servants. It is concluded that mentoring within the civil service system has the potential to stimulate service stability, sustain the cohesion of government body teams, develop continuity of service traditions and values, and ultimately enhance the effectiveness of public administration as a whole.
Keywords:
mentorship, public service, civil service, principles of civil service, stability, professional development, labor relations, state service relations, service culture, values
Issue of the day
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Reference:
Sakhibgareev, E.V. (2026). Improvement of counter-sanction legislation and law enforcement in the oil and gas industry of the Russian Federation. NB: Administrative Law and Administration Practice, 1, 56–71. . https://doi.org/10.7256/2306-9945.2026.1.78986
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Abstract:
The subject of the study is the counter-sanctions legislation of the Russian Federation and the practice of its application in the oil and gas industry. The focus is not only on special economic measures, but also on their impact on contractual relations, settlements, jurisdictional issues and the sustainability of the legal status of Russian companies. The author considers the oil and gas sector as an area in which sanctions restrictions affect both public and private law relations. Particular attention is paid to how mandatory prohibitions, sanctions clauses, judicial protection mechanisms and risk allocation rules interact in cross-border contracts. The study aims to identify the structural limitations of the current regulatory model and to identify those elements that hinder the formation of a predictable and internally consistent legal regime. The paper uses formal legal, system-structural and comparative legal methods, as well as elements of functional and predictive analysis to assess the consequences of the proposed solutions. The scientific novelty of the study is that the sanctions sustainability of the oil and gas industry is revealed as a complex legal regime, rather than as a set of disparate retaliatory measures. The author shows that the effectiveness of counter-sanctions regulation depends on the consistency of three elements: regulatory structure, contractual mechanisms for risk redistribution and procedural ways to protect Russian participants in the turnover. The article concludes that the current model is highly adaptable, but retains a mosaic, insufficient industry tuning and heterogeneity of law enforcement criteria. The article substantiates the need for a framework systematization of counter-sanctions norms, a clearer assessment of sanctions clauses, the development of judicial clarifications and the use of soft regulatory tools. It is also shown that the proposed measures should be implemented taking into account the risk of excessive rigidity, declarativeness and reduced contractual predictability.
Keywords:
sanctions, counter-sanctions, oil and gas industry, special economic measures, sanctions resilience, public law regulation, law enforcement practice, sanctions clauses, jurisdictional protection, strategic industries
Administrative law, municipal law and the institutions of civil society
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Reference:
Mazein, A.V. (2026). The legal regulation of the community volunteer groups participation in the arresting of offenders in Russia. NB: Administrative Law and Administration Practice, 1, 72–84. . https://doi.org/10.7256/2306-9945.2026.1.79287
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Abstract:
The subject of the study is the norms of administrative, administrative tort, and criminal procedural legislation regulating the detention of individuals who have committed crimes and administrative offenses, specifically in relation to the participation of community volunteer groups in the corresponding procedural actions. The author also examines clarifications from the Plenary Session of the Supreme Court of the Russian Federation, specific provisions of Soviet administrative legislation regarding the powers of community volunteer groups, as well as judicial practice. The relevance of the research is determined by the fact that community volunteers are elements of the non-governmental system of public safety and perform, alongside the tasks of preventing offenses, their actual suppression, which has traditionally been the function of law enforcement agencies. Law enforcement practice confirms that community volunteer groups actually carry out the detention of offenders; however, the normative basis for these actions remains unclear. The study employs formal-legal, comparative-legal, and historical-legal methods. Content analysis of the selected judicial decisions was conducted using the Claude neural network (Anthropic), which organized judicial acts regarding the conditions for volunteers' participation in detention and identified relevant text fragments. Based on the research findings, the author concludes that there is no clear regulation regarding the participation of community volunteer groups in the detention of offenders. It is established that Article 38 of the Criminal Code of the Russian Federation, considering the interpretation by the Plenary Session of the Supreme Court of the Russian Federation, effectively allows volunteers to independently detain individuals who have committed a crime. At the same time, Article 27.3 of the Administrative Offenses Code of the Russian Federation contains a closed list of entities authorized for administrative detention, in which community volunteers are not mentioned. As a result of the content analysis of judicial decisions in criminal cases, it is concluded that courts recognize the procedural significance of the fact of detention by volunteers, despite their non-governmental nature. A case has been identified in judicial practice where, in the absence of legal grounds, volunteers detained an individual who committed an administrative offense. It is emphasized that, unlike Soviet legislation (Article 238 of the RSFSR Administrative Offenses Code), volunteers are not granted the authority to deliver or detain offenders. The research proposes amendments to Article 17 of Federal Law No. 44-FZ granting volunteers the right to detain individuals who have committed crimes or administrative offenses, as well as amendments to Articles 27.2 and 27.3 of the Administrative Offenses Code of the Russian Federation with appropriate provisions.
Keywords:
volunteer groups, public security, administrative detention, non-governmental security system, gaps in the law, judicial practice, criminal proceedings, coercive measures, legislation, civil society