CLASSIFICATION OF THE ADMINISTRATIVE LAW RULES AS AN ELEMENT OF MECHANISM OF IMPLEMENTATION OF RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON STREET PROCESSIONS, MEETINGS, DEMONSTRATIONS, AND PICKETING

  • Konstantin Georgievich Prokofyev Kurgan State University
  • Nina Vladimirovna Olinder Togliatti State University
Keywords: administrative responsibility for violation of legislation on street processions, meetings, demonstrations, and picketing; administrative rules, legal rules classification

Abstract

The paper considers the theoretical issues of classification of administrative rules establishing the administrative responsibility for violation of legislation on street processions, meetings, demonstrations, and picketing. The authors give brief characteristics of each type of legal rules; provide the examples from current Russian legislation. In particular, the authors consider the following grounds of administrative rules classification: the subject of regulation (substantive – what is understood to be a procession, the definition of a meeting, street procession, picketing; the principles of administrative regulation of holding meetings and processions, etc. and procedural – establish the order (the action sequence)); the field of application (general – establish general rules in the area of legal regulation, special – impose limitations, and exclusive – establish special aspects of legal regulation of certain issues); the hierarchy (the definition of rules’ hierarchy according to the law superiority); the regulation method; the order form (regulatory and protective (regulate the relations or establish a prohibition on something); mandatory and optional (strict regulation or implementation at the parties’ discretion); guaranteeing and informative – according to the sphere of legal regulation); the action limit (territorial application (federal, regional or municipal level), duration (enactment, principle of retroactivity), and personal scope of application (applied to all persons, to particular persons); the composition.

The paper concludes that the mechanism of implementation of responsibilities for violation of the procedure of holding picketing, meetings, and processions involves all types of administrative rules. The norms regulating the responsibility for violation of rules of conducting meetings, picketing and demonstrations are contained both in special administrative legislation (Code of Administrative Offences, Administrative Procedure Rules) and in statutory acts of the related branches of law.   

Author Biographies

Konstantin Georgievich Prokofyev, Kurgan State University

PhD (Law), Acting Rector

Nina Vladimirovna Olinder, Togliatti State University

PhD (Law), Associate Professor, Head of Chair “Constitutional and Administrative Law”

Published
2019-06-11
Section
Статьи