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MAIN PAGE > Journal "Legal Studies" > Rubric "Transformation of legal systems"
Transformation of legal systems
Lysenkova M.F. - Advertizing in the Internet in a context of political technologies in modern Russia pp. 1-20
Abstract: Political advertizing on the Internet is a specific type of political communication, and it is actively used in an electoral process for the purpose of impact on electoral attitudes concerning political subjects or objects. The author of this article analysed political advertizing in the Internet based on an example of the Presidential election campaign in Russia in 2012. Vladimir Putin's victory was partially predetermined by more effective use of the Internet sphere for his campaign.
Shchuplenkov O.V., . - The problems of interaction between civil society and state in the modern Russia. pp. 1-55


Abstract: The article contains the analysis of the issues regarding development of law and state in Russia within the framework of interaction between person, society and states. The authors consider that interaction between persons, state and society should be regarded as one of national priorities, defining the model of development of state adn law in Russia in the XXI century. At the same time the model of development of state and law in Russia is a complex strategic program on evolution of the state and improvement of institutions of state and law.  The authors make the conclusion that the vector of development of state and law in Russia should be amended in accordance with the need to change the views on the interactions between persons, society and state, which influences the choice of their harmonious existence. One of the goals of the NGOs, and the civil sector is to involve citizens and social organizations into the implementation of state policy, to develop the mechanisms for its correction in order to achieve its correspondence with the interests of various social groups of people.  It is very important to find an optimum balance, since the public should not  be decision-makers, and the state servants should not be advisors.  However, the opposite approach, when the society has only deliberative function without any opportunity to influence decision-making is also not acceptable.
Volokh V.A. - Labor migration: legislation and politics pp. 1-20


Abstract: The article "Labor migration: legislation and politics" is devoted to the topical problems of migration policy formation and legislation improvement in the sphere of labor migration. In the last 20 years Russian society and business faced both liberal approach towards labor immigration in late XX century, and strict administrative limitations in later years.  In the opinion of the author starting from the second half of 2006 the novel approach prevailed, and it relied upon the market mechanism in order to regulate labor migration, and to widen the scope of legal migration in accordance with the interests of social and economic development of Russia.  In 2007 the Federal Laws NN 109-FZ, 110-FZ of July 18, 2006, as well as some other acts entered into force, and the legislative regime of migration management in Russia changed considerably.  Additionally, on May 19, 2010 the Federal Law N 86-FZ "On amendments to the Federal Law "On legal status of foreign citizens in the Russian Federation", the Tax Code of the Russian Federation and the Budget Code of the Russian Federation" established the specific features of legal regulation of labor activities of foreign citizens, being highly qualified specialists, and also persons who entered the Russian Federation via no visa procedure for hire by physical persons. The new Concept for the State Migration Policy for the period till 2025, which was adopted on June 13, 2012 by the President of the Russian Federation plays an important role.
Ursul A.D., . - Globalization in the perspective of sustainable future. pp. 1-63


Abstract: Sustainable development is a future global process and the future of entire mankind and its fate in the new Millennium depend on it.  It is a new form (model) of global community development, which guarantees resolution of the key social and natural contradiction between the growing needs of global development and limitations, or even impossibility for  the biological sphere to meet these demands.  Unfolding in its future political, economic, environmental and social aspects through sustainable development, globalization  should provide its input into the resolution of the key social and natural and other contradictions of the global development, and thanks to this input it may be possible to meet the current and future demands.  The transfer to implementation of policies and strategies of sustainable development brings the humanity to a new mainly social and natural globalization stage, which is aimed towards unity of civilization, its preservation and co-evolution with the biological sphere.  The article concerns political aspects of globalization through sustainable development, and attention is paid to the fact that political dimension of emergent globalization falls behind economic and other elements of this global process.  The sustainable development strategy which is developed by the UN and its Member States,  seems to contain mostly political recommendations and declarations. Therefore, it is important to include into the starting process of managing "sustainable" globalization all of the key elements of this global strategy.  Sustainable development in the broadest sense is non-regressive, and secure development for the main humane goal of survival of humankind and preservation of nature.  The authors evaluate the role of state in implementation of globalization processes through sustainable development and study of the further evolution of the statehood phenomenon.  The authors pay special attention to the problems of environmental globalization, sustainable policy and its specific characteristics. 
Uvarov A.A. - On the role of state in formation of a civil society pp. 1-40


Abstract: The article analyzes the legal basis for the relations between the state and civil society. The basic elements for the evaluation of these relations are constitution and de facto political regime in a state. The object of evaluation includes novelties of the Russian legislation in various spheres of civil society.  Much attention is paid to the controlling functions of the civil society. There is a gradual redistribution of competences previously belonging to the state bodies in favor of civil society institutions.  In the process of interaction between the state and civil society there appear structures necessary for a civilized dialogue, such as the Social Chamber of the Russian Federation, apear. The author evaluates the role of civil society in the reform of the judicial system, including the issues regarding the level of trust of the people in the judicial branch of power, its openness and accessibility for the people.  The legislative measures aimed towards strengthening of the state support for the political parties should include the provisions granting the citizens, who are not members of any political parties, freedom of choice when forming representative election bodies.  The article also concerns a number of other topical problems regarding interaction between civil society and state. The author formulates propositions for the guarantees of the optimum balance in the relations between state and civil society in order for the civil society to develop freely and efficiently.
Babin B. - Prerequisites for the recognition of a right of self-awareness in the modern international law. pp. 1-25


Abstract: The article concerns specific features of ethnical self-awareness within the context of the problem of peoples as subjects of modern law.  The author provides grounds for the perspectives of gradual recognition of the right of self-awareness of the peoples by the global community.  It is proven that the right of the people for self-awareness (the freedom of self-awareness of the people) is a primary collective natural right, since its implementation precedes appearance of rights of the people, including the right of self-determination of the people.  It is also proven that the freedom of self-awareness is key within the natural law approach to the institution of peoples, and its limitation due to the will of the state to define which social groups are peoples and which are not levels down the recognized rights of peoples, such as proprietary rights, right for counteraction, right to peace, etc.  In the opinion of the author due to the natural character of the factor of self-awareness of the peoples it should be gradually recognized by the global community.  It is shown that implementation of the freedom of self-awareness proves the presence (existence) of the people (including indigenous people) as a subject of international legal relations, and this subject may in future implement the rights (such as right to development, right to self-determination), which are recognized by the international community.
Lapaeva V.V. - Privatization of socialistic property: constitutional and phylosophical legal analysis. pp. 1-46


Abstract: The article provides some approaches towards constitutional and philosophical legal analysis of problems regarding privatization of socialistic property. Evaluation of privatization in accordance with the Constitution of the Russian Federation is provided from the following standpoints: 1) departure from the constitutional provisions on equality of all people in court and under law; 2) violations of privatization legislation; 3) non-lawful (contradictory to the legal principle of formal equality) character of de-socialization of the socialistic property via its privatization.  From the standpoint of philosophical legal approach the author substantiates the thesis that the socialist property in principle may not be transferred from the state to private owners (privatized), since by its nature it belongs to the society and not to the state.  From that standpoint the author analyses the scientific and practical potential of the civilist concept - the concept of post-socialist social order, which is based upon the new form of individual (not public, and not private) property as a result of application of the legal principle of formal equality to the process of de-socialization of socialist property. The author substantiates the value of this concept for defining constitutional legal parameters for the social contract on property, without which normal economic and political legal development of the state is not possible.
Kireeva A.V., Zolotareva A.B. - Legal Models of State-Private Interaction in the Educational Sphere pp. 1-17


Abstract: The article analyzes the problem of lack of preschool institutions and studies the regional practice of applying various models of state-private partnership in the sphere of preschool education. The authors outline three basic models of state-private interaction in the sphere of preschool education, based on concessions, state-private partnership agreements, and state-private interaction according to the model “Building-Sad” (“Building-Kindergarten”), which doesn’t entirely correspond with the concept of state-private partnership. In order to reveal the advantages and disadvantages of the applied models of state-private interaction, the authors use logical, systems and statistical analysis. The results of the research demonstrate that involvement of private partners per se doesn’t guarantee budget resources saving. In the process of joint projects realization it is usually achieved by means of shifting the part of costs onto the consumers, or at the expense of loss of quality. The authors prove that under condition of shortening kindergarten wait-lists, the share of services of preschool institutions can be increased only by means of fiscal stimulus. 
Tkachenko S.V. - Legal modernization of the post-Soviet Russia. pp. 12-22


Abstract: In the process of its formation in 1990s the Russian legal system actively used reception of the Western legal tradition. Reception of law is understood as adoption and introduction of the ideas, legal institutions, norms, terminology of the foreign law for the purpose of modernization of the legal system, gaining international authority or providing for political and economic dependency from other states. The Western legal tradition is a complex of legal ideas and theories, which were formed throughout the period of existence of the Western legal culture, and which are manifested by the liberalism ideology based on the following principles: individualism, instrumentalism, technologism, rationalism, pragmatism, political character, civility, lawfulness. Currently the Western legal tradition serves as a paradigm for the modernization of the legal systems within the states, which are not part of the Western civilization.  The methodological basis for the study was formed by the general scientific cognition methods (dialectics, analysis, synthesis, analogy, functional, systemic and structural approaches, abstraction and specification, linguistic analysis, as well as specific scientific and legal methods of studies: formal legal, comparative legal, technical legal methods, legal modeling, and special methods (sociological, psychological, anthropological, historical).Its scientific novelty is due to the theoretical and methodological substantiation of the modernization process as an element of information psychological warfare, in order to guarantee control over the situation on the post-Soviet territory. The scientific novelty of the article in general is due to the analysis of the reception of law, its goals, functions, system of principles from the standpoints, which were not used before.
Kravets A. - Influence of the ideas of public self-government on the modern understanding and organization of the territorial public self-administration. pp. 12-32


Abstract: The article concerns the evolution of the ideas of public self-government in the traditions of the natural law doctrine, theory of the "free community", public theory, public economic theory, concept of  social law, dualistic theory of local municipal self-administration. The author identifies and distinguishes the terms "public self-government", "self-government", "local self-government", "territorial public self-government". The author provides elements of public self-administration, classifying the organizations based upon public self-government. The author also provides organizational and legal forms of public self-government provided for by the current Russian legislation, discussing the problems of natural public and self-government nature of territorial public self-government.  The article involves methods of analysis and synthesis of the natural law concept and theory of public self-government. The author also applies methods of formal legal and systemic analysis for the development of public administration doctrine  in the early modern and modern periods.  The recognition of natural law categories of justice, equality and freedom, as formed within the concepts of classical authors of philosophy of law and representatives of the public theories of local self-government  by most of the legal systems around the world actualizes and stimulates the growing interest towards the issues of participation of citizens in local self-government. The issues of activation of the public participation in territorial public self-government and improvement of legal regulation of this municipal legal institution become especially topical.
Lukoianov N.V. - Trust property participation certificate as a corporate uncertified security in the Law of Mexico pp. 12-18


Abstract: The article considers the fundamentals of legal regulation of a trust property participation certificate as a corporate uncertified security in the Law of Mexico. The author describes the trust property institution serving as a basis for such securities emission. Using the provisions of the current Mexican legislation, the author analyzes the legal nature of a trust property participation certificate, studies its details and requirements to trust property participation certificates. The author considers the current classifications of trust property participation certificates based on trust property, priority of payments and the possibility of securities cancellation. The research methodology is based on general scientific and specific research methods: the dialectical method, the method of categorial analysis, logical analysis and formal legal analysis, the historical method and the method of comparative jurisprudence. The study of legal regulation of trust property participation certificates as objects of private law helps ensuring the protection of interests of local investors and using positive practices in the national law. The study will be interesting for lawyers and other specialists in the sphere of securities of foreign states and civil lawyers in the sphere of private law of Latin American countries.
Shishkin V.V. - The category of "secondary job", its nature, and correspondence with the general legal regulation principles. pp. 13-41


Abstract: The article contains a conclusion on discriminatory nature of the category of "secondary job" in Russian labor law in the process of its formation and development.  Appearance of this category is due to the need to have strict control over a person by a state in all spheres of human life, including the working sphere, which is vital for sustenance.  The fact that the category of "secondary job" remains in the post-Soviet labor law is due to the inertia in the development in this sphere, and lack of detail of labor norms.  The vector of development of labor law should inevitably correspond with the generally recognized principles of international law, as reflected in the general legal principles of the Russian law.  The constitutionally enshrined general legal principles are generally reflected in the principles of the Russian labor law, however, they were not logically developed in specific labor law norms.
Neznamov A., Naumov V. - On the regulation of robotics in Russia and in the world pp. 14-25


Abstract: The subject and the purpose of the article is the description of general tendencies of regulation of robotics in the world. The authors study the examples of the European Union, China, the USA, South Korea and Japan. The authors analyze the level of development of Russian legislation on robotics. The study characterizes the current state of robotics in Russia, analyzes legislative initiative about the regulation of activity of smart robots (robots-agents). The authors evaluate and substantiate the need for legal regulation of robotics in Russia and analyze the approaches to realization of the necessary regulatory reform. The research methodology includes the method of comparative jurisprudence and comparative analysis of legal systems of different countries for the purpose of detection of common tendencies of regulation of robotics in the world using the examples of the EU, China, the USA, South Korea and Japan. The authors substantiate the need for the earliest solution of the problem of legal regulation of robotics in Russia. The authors formulate the strategy of development of legislation in this sphere. 
Veshkurtseva Z. - Protection of intangible benefits and personal non-property rights: modern problems and solutions pp. 19-34


Abstract: The research subject is the modern problems of intangible benefits and personal non-property rights protection. With the development of information environment, new forms and types of offences have occurred, which trench on intangible benefits of citizens via the Internet. Such offences have become especially dangerous for people, and Internet-resources can be characterized as the source of increased danger. The author studies the problems of the so-called “commoditization” or “tradability” of some types of intangible benefits and personal non-property rights and the lack of legal grounds for the estimation of such circumstances as significant for the estimation of the compensation for moral injury. The research methodology is based on general scientific and specific methods and generalization of normative materials and judicial practice. The scientific novelty of the study consists in the task to analyze the new forms and types of trenching on intangible benefits and personal non-property rights in information environment and to offers the ways to solve the detected problems. The author elaborates the set of measures. He offers to use the approach to the analysis of intangible benefits and personal non-property rights based on the presence or absence of a specific power (right to consent); to introduce an alternative unified compensation for the infringement of intangible benefits and personal non-property rights (apart from compensation for moral injury); to divide compensation for moral injury into two types: the main and the qualified; to introduce the formalized minimum amount of compensation for moral injury. 
Eseva E.Y. - On the issue of separation of powers. pp. 21-34
Abstract: This article is devoted to the problem of implementiation of the principle of separation of powers in Russia at the present stage of development. The author analyzes the current Russian legislation regulating the position of the judiciary and judges. The practical functioning of the judicial system was considered, and the author  identified gaps in the legal field on this issue. The point is that today the judiciary is clearly not managing its primary function - containment and restriction of the legislative and executive authorities, the implementation of legal control over their activities, and there is a need to change the legislation of Russia on the basis of universally recognized principles of international law.
Tsaliev A.M. - Widening the scope of roles of constituent subjects of the Russian Federation in the state policy. pp. 21-94


Abstract: The article concerns many topical problems regarding widening the scope of roles of constituent subjects of the Russian Federation in domestic and foreign policy of the Russian Federation. It is offered to improve the distinction between the competences of the Russian Federation and its constituent subjects, state bodies of various levels via legal and organizational measures. In particular, it is noted that the together with the federal constitutional provisions, the treaties between the Russian Federation and its subjects may efficiently implement legal regulation of federal relations in all the variable regions of Russia. Taking into account analysis of legislation, scholarly writing and practical work, speeches by state officials on the issues of separation of competences of various public bodies, the author offers to take specific measures in order to widen the scope of roles of constituent subjects of the Russian Federation in its domestic policy.  In order to make the foreign policy of the Russian Federation more efficient, the author also offers to broaden the scope of competence of the constituent subjects of the Russian Federation in the sphere of international activities, and to provide for it legislatively.
Anisimov A.I. - pp. 27-33


Voronina N.P. - Legal model for the "new type" of cooperatives in the Central and Eastern European states. pp. 30-50


Abstract: This article concerns the modern legal bases for the formation and activities of the agricultural cooperatives in the Central and Eastern European states. The article contains historic legal analysis of the legislation of the Central and Eastern European states on land and agricultural reforms of 1980s, including liquidation and reorganization of cooperatives and state collectives. The author formulates the tendencies in land and agricultural reforms of the Central and Eastern European states. She notes negative consequences of cooperative reforms for the economy in general and agriculture in particular.  She discusses modern approaches to defining legal statuses of Eastern European agricultural cooperatives. Then the author draws the conclusions that the "new type" cooperatives from the classical cooperatives.  She formulates the causes for transformation of cooperatives into legal entities of different organizational legal forms.  The article includes models of possible regulation development in the sphere of formation and activities of agricultural cooperatives in the Central and Eastern European states.  Then she establishes the need to differentiate legal regulation of agricultural cooperatives. 
Kabanov P.A. - Legal means of formation and guarantees of implementation of the state policy in the sphere of fighting corruption in the constituent subjects of the Russian Federation: some issues of quality improvement. pp. 36-47


Abstract: The object of studies involves legal means of formation and guarantees of the implementation of the state policy in the sphere of fighting corruption in the constituent subjects of the Russian Federation. The goal of studies is finding optimum legal means for the formation and implementation of the state policy in the sphere of fighting corruption in the constituent subjects of the Russian Federation. The targets of the study involve analysis of the practice of legal regulation of the instruments in the sphere of fighting corruption in the constituent subjects of the Russian Federation, development of recommendations for the legal regulation of the instruments against corruption at the regional level and organization of this type of activities. The methodological basis involves an universal dialectic methodology of cognition, as well as some general and specific scientific cognition methods (comparative legal studies, analysis, synthesis). Scientific novelty is due to the fact that for the first time in the Russian legal science the author evaluates  legal means for the formation and guarantees of implementation of the state policy in the sphere of fighting corruption at the regional level. The practical value of the study is due to the development of proposals for the legal regulation of the main instruments against corruption in the constituent subjects of the Russian Federation and the main organizational legal means for the improvement of efficiency of such means.
Pibaev I.A. - Electing representatives of religious organizations into legislative bodies of the constituent subjects of the federation: theoretical and historical aspect. pp. 36-47


Abstract: The article concerns history and modern practice of participation of representatives of various religious denominations in the activities of legislative bodies. Within the framework of Inter-Council Assembly of the Russian Orthodox Church on February 2, 2011 they have adopted a document entitled "Practice of Claims and Actions of Hierarchs, Clergy, Monks and Common People during the Election Campaings". While this document has suppored the pre-existing prohibition for the church clergy to take part in election, it has left a "loophole" for exceptions.  After that there was a widespread discussion on the possibility and necessity for the church clergy to take part in elections of various levels.  While writing the article, the author applied the special methods, such as historical legal method, comparative legal method and systemic method. Application of combination of the said methods has allowed for a comrehensive solution in order to achieve the goals and aims of the study. The author has analyzed the attitude of Russian religious organizations to the political activities. The conclusion is substantiated that the religious clergy sholud not take part in elections for the legislative bodies of constituent subjects. In the opinion of the author this type of activities is more suitable for the common people, who have active position and religious world view.
Tkachenko S.V. - Contents of reception of law. pp. 42-62


Abstract: The reception of law is a necessary instrumetn for the development of the legal system. As a legal matter, reception is currently the most demanded instrument for the modernization of law.  It is due to the fact that legal system of all states have never been existing in isolation, and they do not do so now.  Then the state attempts to fight reception of law and cultural values in general the situation usually ends up in a complete failure for a state and degradation of a society.  The phenomenon of full-scale reception, which allows to resolve global issues, regarding internal and external challenges to the statehood, deserves special attention.  One of such challenges is crisis of statehood due to the need for modernization.  Such a need may be related to an external threat  of military or economic character. The full-scale reception of law in the framework of legal reforms becomes possible as a result of crisis of state and law. It may therefore be defined as a crisis model for reception.
Trefilov A.A. - Testimony in German Evidence Law pp. 49-72
Abstract: The article is devoted to the most nettlesome issues of testimony in German criminal proceedings. The author of the article analyzes historical development of the witness status in German criminal law, the role of witness evidence in modern German criminial procedure law, witness' duties and rights to refuse from testimony. At the end of the article the author concludes that the main tendency related to regulation of witness' status in Germany since 1877 is democratization of associated legal regulations, first of all, those regulations which are on the list of witness immunuties. The obvious advantage of the German Criminal Procedure Code and legal doctine is the concrete division of witness' duties into categories and detailed legal regulation of witness' oath. 
Ursul A.D. - The sustainable development law: conceptual and methodological problems of its formation. pp. 63-134


Abstract: Due to the upcoming global transfer of the world community to sustainable development, the author analyzes proposed conceptual and theoretical characteristics and specific features of a novel law, which is oriented towards our common "sustainable future".  Formation of a new law springs from the globalization tendencies, supremacy of law, and it  may be recognized as one of the mechanisms for the "sustainable transfer". It is also noted that legal understanding of sustainable development may and should follow through routes not limited to environmental law.  One may interpret this type of development through security guarantees, since sustainable development in its broad meaning may be regarded as the most secure, non-aggressive type of social development.  Within the perspective the sustainable development law is a novel formation, and it may be regarded as a higher quality and principle of formation of functioning of the entire system of legal norms, guaranteeing survival and further secure sustainable development of the civilization, rather than just another branch of law.  It is noted that a new branch of sustainable development legislation is being currently formed, and in combination with the international treaties and "soft law" (recommendations of the UN) it serves as a mechanism and a stimulator, gradually changing the entire global legal complex in the interests of efficient implementation of sustainable future strategy.
Strelkova I.I. - Bankruptcy laws in China: main stages of development pp. 75-90


Abstract: The research subject is bankruptcy laws in China, interpretations of people’s courts of China and scholar articles by Russian and foreign authors in this sphere. The research object is legal regulation of bankruptcy in the People’s Republic of China in its development. The author considers such aspects of the topic as the influence of China’s economic policy on law making in this sphere, the impact of foreign law, the peculiarities and problems of legal regulation of bankruptcy on different stages of development of the country’s political and economic systems. Special attention is given to the modern stage of development of China’s bankruptcy laws and the scope of the current Law on business bankruptcy. The research methodology includes the complex analysis of the legislation of the People’s Republic of China, regulating bankruptcy, using the comparative-legal, comparative-historical and formal-legal methods. The scientific novelty consists in the description of the development of bankruptcy in the historical and comparative-legal aspect from the position of the state’s economic policy in different periods of its development. The author outlines three main stages of development of bankruptcy laws: from the early 20th century to the establishment of the People’s Republic of China; the period of economic reforms from 1978 till 2006; the recent stage of bankruptcy regulation in accordance with the “Law on business bankruptcy”. Each of these stages reflects the socio-economic aspects of China’s politics and the impact of the experience of bankruptcy regulation in different countries, especially in the U.S. The author prognosticates the further development of the bankruptcy institution in the direction connected with the extension of the range of debtors, covered by bankruptcy laws, by the inclusion of private entrepreneurs.  
Ursul A.D. - The global dimension of law pp. 90-146
Abstract: The author examines the search for more effective legal forms and methods of regulating social relations and the formation of the new scientific and legal ideas under the influence of global challenges and processes. Formation of world politics is closely linked to global processes and, in fact, may be viewed as a phenomenon of the global world. The same kind of processes of globalization characterized area of the law (as in real life, and in science), which is also in a sense, already "detached" from the state, generating a law that even in an international perspective is beginning to take on a global dimension. This global law movement is not "fairly exists a" current state of international law, and requires more and more global expansion, which, however, has its limits and features. Therefore, we will not go easy on the globalization of law as a linear expansion process, and its high-quality non-linear transformation in conjunction with the processes of globalization and the emergence of global governance.Given the author's vision of legal globalistics (global law), exploring the interrelated processes of globalization and become law-set of global rules. It is shown that the formation of a global law as a form of scientific knowledge re-lated to globalization as worldwide processes, however, it began to develop a much earlier understanding of the process of globalization. From the point of view of law as a specific set of special author prefers the name of global law, not legal globalistics. Discuss possible ideas about global law, and the alleged global transformations in law associated with the transition to a sustainable de-velopment of the world community as a global process. Particular attention is given to the establishment of the principles of global law, in particular the prin-ciples of globality and anticipation.
Volokh V.A., . - Novel features of the labor migration legislation: positive and negative features. pp. 93-103


Abstract: In the article "Novel features of the labor migration legislation: positive and negative features" the authors V.A. Volokh, and E.V. Volodin analyze one of the most topical current issues, that is the problem of establishing the need and quotes for the necessary number of foreign migrant workers brought to the Russian Federation.  Most of the experts including the authors of this article often noted the need to include significant changes into the existing order for the establishing the need and quotes according to the Government Resolution of December 22, 2006, N. 783. From January 1, 2014 the new rules adopted by a Government Resolution of September 12, 2013 N. 800 "On approval of the Rules for Proposition Preparation for Establishing the Need for Involvement of  Foreign Workers, Approval of Quotes for Provision of Invitations to Enter the Russian Federation for the Working Purposes and Quotes for Working Permits for Foreign Citizens". However, in the opinion of the authors, these Rules exclude direct participation of employers in the formation of propositions on the need to involve foreign workers, and this function is transferred to executive bodies. The existing situation requires the Ministry of Labour and Social Security to urgently form and approve the provisions for the formation of the need for foreign workers, including priority qualification groups, quotes for the invitations to enter the Russian Federation for the foreign citizens for the working purposes, quotes for working permits for foreign citizens, distribution of the said quotes, making their amount larger or smaller, and establishing the reserve for the quotes.
Ursul A.D., ., . - Global and political processes: the relationship and the establishment of an evolutionary approach pp. 95-154


Abstract: The authors examine the relationship and the difference between the historical and evolutionary approaches and come to the conclusion that the emergence of evolutionary branches in the global and political studies. Research shows relationship political and global processes and political globalism and global political science as mature forms of research and the world of global politics. The article on the theoretical and methodological level, we study the evolutionary approach to global research and discusses the evolution of the political process under the influence of global factors. The authors believe that globalism in its broad sense is studying global processes and systems, and explores their evolutionary globalism is a global development process. Global development and the evolution of co-evolution of global processes and systems is the main focus of evolutionary globalism.Also considered are the basic shape and the direction of evolution of political processes associated with globalization and other global processes. The problem of the formation of political and globalization as part of globalistics, the object of which is to identify the political patterns and trends in global processes and systems. The problem of the formation of global politics, and the formation of global development centered on the survival of civilization and the preservation of the environment.
Zheldybina T.A. - Contemporary lawmaking changes: pros and cons pp. 105-118


Abstract: The subject of the research is the range of problem aspects of lawmaking as a legal phenomenon. The author reveals the positive and negative sides of the contemporary lawmaking changes, outlines the range of the most urgent problems. The leading idea is the idea of legal globalization. The article shows the importance of interrelation of the national and supranational legislation and the process of implementation as a necessary component of the national lawmaking improvement. The author offers the solutions for the tasks of the modern Russian lawmaking. The author applies the dialectical method of cognition, the system-structural, comparative-legal, formal-logical, historical and logical methods. The novelty of the research lies in the definition of the range of the considered issues. The author analyzes lawmaking as a legal phenomenon. The study attempts to understand the key problems of the contemporary lawmaking process and the ways of their solution in the nearest future taking into account the development of legal globalization. 
Bondarchuk I.V. - Legalization of social organizations and political parties within the mechanism of constitutional order protection in Ukraine. pp. 135-151


Abstract: In this article the author analyzes the procedure for legalization of social organizations and political parties as a legal institution within the framework of constitutional order protection in Ukraine. The author pays attention to the need to distinguish civil law and public law approaches in defining the official procedure for provision of legal status for political parties and social organizations to social associations of people.  The author analyzes the value of this procedure in the relations between social organizations, political parties and the state.  Special attention is paid to the analysis of judicial practice of forced dissolution of associations of citizens in Ukraine, such as Sevastopol City Youth Association "Proryv", "Donetsk Republic", Kharkiv Regional Social Organization "Eurasian Youth Union", which were dissolved by court in 2006, 2007 and 2008 accordingly.  The author supports the position that legalization of social organizations and political parties plays an important role as a stability guarantee for the constitutional order in a state. 
Trofimov V.V. - The participation of the civil society institutions in legal relationship as a form of the expression of government by the people pp. 147-170
Abstract: The article includes analysis of the problem of participation of the civil society institutions in the legal policy of a state as a form of expression of government by the people. The concept of law-making legal relations is introduced the into scientific circulation. The author also determins the scope of legal capacity of civil society subjects, them taking part in the law-making. A basis is founded for forms of participation in processes of actual law formation by both persons and public organizations. It is stated that more of responsible participation of civil society in legal development of the state should take place.
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