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Title of Article

THE REGULATORY AND LEGAL REGULATION OF THE ADMINISTRATIVE AND JURISDICTIONAL ACTIVITIES OF ROSGVARDIYA REQUIRES PERFECTION: STRATEGIC PLANNING ISSUES


Issue
4
Date
2022

Article type
scientific article
UDC
342.9
Pages
152-157
Keywords
 


Authors
Shenshin V.M.
Sankt-Peterburgskiy universitet Gosudarstvennoy protivopozharnoy sluzhby MChS Rossii im. Geroya Rossiyskoy Federatsii generala armii E.N. Zinicheva; Sankt-Peterburgskiy universitet Ministerstva vnutrennikh del Rossii


Abstract
The author's interpretation of the administrative and jurisdictional activities of the Rosgvardiya is given, during the implementation of which state and public security, protection of human and civil rights and freedoms, prevention and suppression of administrative offenses are ensured. It is noted that although legal regulations have been created aimed at ensuring these types of security, at the same time, the mechanism of legal regulation that allows the National Guard troops to perform their tasks efficiently and effectively has not been fully developed. Based on the analysis of regulatory legal acts, the author comes to the conclusion that it is necessary to state subparagraph 11 of paragraph 9 of Decree of the President of the Russian Federation No. 510 in a new edition. The arguments are given, according to which, in practice, legal uncertainty has arisen, involving the implementation of procedural support measures by officials according to a certain list of compositions of the Administrative Code, the preparation of protocols on administrative offenses according to a different list, the consideration of cases of administrative offenses - according to a list different from the first and second versions of compositions. The author sees the elimination of this gap as possible only by expanding Article 23.85 of the Administrative Code, supplementing it with the elements of offenses contained in paragraphs 79,and 103 of part 2 of Article 28.3 of the Administrative Code. A legislative omission from the researcher's point of view is the granting of a wide range of powers to the Rosgvardiya, which are enshrined in federal legislation, but have not been reflected at the regional level. The way out of this situation follows from the granting of the Rosgvardiya with the authority to carry out proceedings on cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation on administrative offenses, in this connection, it is proposed to supplement the paragraph of the second part 6 of Article 28.3 of the Administrative Code with provisions on the troops of the National Guard (Rosgvardiya).

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